[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Rules and Regulations]
[Pages 57727-57729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18425]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0449; FRL-10013-14-Region 9]


Approval and Limited Approval and Limited Disapproval of 
California Air Plan Revisions; San Diego County Air Pollution Control 
District; Stationary Source Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action on four permitting rules submitted as a revision to the San 
Diego County Air Pollution Control District (SDAPCD or ``District'') 
portion of the California State Implementation Plan (SIP). We are 
finalizing a limited approval and limited disapproval of one rule and 
approval of the remaining three rules. These revisions concern the 
District's New Source Review (NSR) permitting program for new and 
modified sources of air pollution under section 110(a)(2)(C) and part D 
of title I of the Clean Air Act (CAA). This action updates the SDAPCD's 
applicable SIP with revised rules that the District has amended to 
address deficiencies identified in a previous conditional approval 
action.

DATES: This rule is effective on October 16, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2019-0449. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available through https://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Sheila Tsai, EPA Region IX, Air-3-1, 
75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3328 or 
by email at Tsai.Ya-Ting@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On May 15, 2020 (85 FR 29377) the EPA proposed to finalize a 
limited approval and limited disapproval and full approval of the 
following rules into the California SIP.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                   Rule No.                                Rule title              Adopted date   Submitted date
----------------------------------------------------------------------------------------------------------------
20.1..........................................  New Source Review--General            06/26/2019      07/19/2019
                                                 Provisions.
20.2 *........................................  New Source Review--Non-Major          06/26/2019      07/19/2019
                                                 Stationary Sources.
20.3 *........................................  New Source Review--Major              06/26/2019      07/19/2019
                                                 Stationary Sources and PSD
                                                 Stationary Sources.
20.4 *........................................  New Source Review--Portable           06/26/2019      07/19/2019
                                                 Emission Units.
----------------------------------------------------------------------------------------------------------------
* The following subsections of the Rules 20.2-20.4 were not submitted to the EPA for inclusion in the San Diego
  SIP: Rule 20.2 Subsections (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3); Rule 20.3 Subsections
  (d)(1)(vi), (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3); and Rule 20.4 Subsections (b)(2), (b)(3),
  (d)(1)(iii), (d)(2)(i)(B), (d)(2)(iv), (d)(2)(v)(B), (d)(3) and (d)(5).

    The District submitted these rules to address deficiencies that the 
EPA identified in a conditional approval of prior versions of Rules 
20.1-20.4 at 83 FR 50007 (October 4, 2018). The 2018 action also 
included a conditional approval of Rule 20.6 and a full approval of 
Rules 11, 20, and 24. In our May 15, 2020 proposal, we proposed to 
approve the submitted rules because we determined that they satisfy the 
District's commitment to remedy the deficiencies identified in our 
conditional approval of the Rules 20.1-20.4 and Rule 20.6, and 
generally comply with most applicable CAA requirements. However, we 
also determined that Rule 20.1(a) does not

[[Page 57728]]

satisfy the requirements related to 40 CFR 51.160(a) and (b) and CAA 
section 173(a). The District revised Rule 20.1(a) to specify that the 
rule applies to a permit application based on the requirements in the 
rule as in effect on the date that the application is determined to be 
complete. By specifying the rule's applicability based on the date of 
application completeness, this language may limit the Air Pollution 
Control Officer's ability to ensure a source will comply with 
applicable NSR program requirements at the time the permit is issued. 
This deficiency is the basis for the EPA's final limited approval and 
limited disapproval of Rule 20.1. In order to correct this deficiency, 
we recommend that SDAPCD remove or revise the language added in the 
revised Rule 20.1(a).

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received one comment, which is included in the 
docket for this action. We do not consider this comment to be germane 
or relevant to this action and therefore not adverse to this action. 
Moreover, the comment lacks the required specificity to the proposed 
SIP revision and the relevant CAA requirements, and does not address 
any specific regulation or provision in question or recommend a 
different action on the SIP submission from what EPA proposed. 
Therefore, we are finalizing our action as proposed.

III. EPA Action

    No comments were submitted that change our assessment of the rules 
as described in our proposed action. Therefore, as authorized in 
section 110(k)(3) and 301(a) of the Act, the EPA is finalizing full 
approval of Rules 20.2-20.4 and finalizing a limited approval and 
limited disapproval of Rule 20.1. This action incorporates the 
submitted rules into the California SIP, including those provisions 
identified as deficient. Because the submitted rules address the 
deficiencies identified in our October 4, 2018 conditional approval, 
the EPA is removing from the SIP the conditional approval of Rules 
20.1-20.4 and Rule 20.6 at 40 CFR 52.248(e).
    This approval is limited because EPA is simultaneously finalizing a 
limited disapproval of the rule under section 110(k)(3). Our limited 
disapproval action triggers an obligation for the EPA to promulgate a 
Federal Implementation Plan (FIP) unless the State corrects the 
deficiencies, and the EPA approves the related plan revisions, within 
two years of this final action. Additionally, because the deficiency 
relates to Nonattainment NSR requirements under part D of title I of 
the Act, sanctions will be imposed unless the EPA approves subsequent 
SIP revisions that correct the rule deficiencies within 18 months of 
the effective date of this action. These sanctions will be imposed 
under section 179 of the Act and 40 CFR 52.31. The EPA intends to work 
with the SDAPCD to correct the deficiency in a timely manner.
    Note that Rule 20.1 has been adopted by the SDAPCD, and the EPA's 
final limited disapproval does not prevent the local agency from 
enforcing it. The limited disapproval would also not prevent any 
portion of the rule from being incorporated by reference into the 
federally enforceable SIP as discussed in a July 9, 1992 EPA memo found 
at: https://www.epa.gov/sites/production/files/2015-07/documents/procsip.pdf.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
SDAPCD rules described in Table 1 of this preamble. The EPA has made, 
and will continue to make, these materials available through 
www.regulations.gov and at the EPA Region IX Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders 
can be found at http://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action 
because SIP approvals, including limited approvals, are exempted under 
Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because this action does not impose additional requirements 
beyond those imposed by state law.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities beyond those 
imposed by state law.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
State, local, or tribal governments, or to the private sector, will 
result from this action.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the National Government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

G. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because the SIP is not approved to apply on any 
Indian reservation land or in any other area where the EPA or an Indian 
tribe has demonstrated that a tribe has jurisdiction, and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law. Thus, Executive Order 13175 does not apply to this action.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive order. This action is not subject to 
Executive Order 13045 because it does not impose additional 
requirements beyond those imposed by state law.

[[Page 57729]]

I. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

K. Executive Order 12898: Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA lacks the discretionary authority to address environmental 
justice in this rulemaking.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

M. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 16, 2020. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Administrative practice and procedure, Environmental protection, 
Air pollution control, Carbon monoxide, Incorporation by reference, 
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur dioxide, 
Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: August 18, 2020
John Busterud,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, the EPA amends part 52, 
Chapter I, Title 40 of the Code of Federal Regulations as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(508)(i)(A)(6), 
(7), (8), (9) and (c)(539) to read as follows:


Sec.  52.220   Identification of plan-in part.

* * * * *
    (c) * * *
    (508) * * *
    (i) * * *
    (A) * * *
    (6) Previously approved on October 4, 2018 in paragraph 
(c)(508)(i)(A)(1) of this section and now deleted with replacement in 
(c)(539)(i)(A)(1), Rule 20.1, ``New Source Review--General 
Provisions,'' revision adopted on April 27, 2016.
    (7) Previously approved on October 4, 2018 in paragraph 
(c)(508)(i)(A)(2) of this section and now deleted with replacement in 
(c)(539)(i)(A)(2), Rule 20.2, ``New Source Review--Non-Major Stationary 
Sources'' (except paragraphs (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and 
(d)(3)), revision adopted on April 27, 2016.
    (8) Previously approved on October 4, 2018 in paragraph 
(c)(508)(i)(A)(3) of this section and now deleted with replacement in 
(c)(539)(i)(A)(3), Rule 20.3, ``New Source Review--Major Stationary 
Sources and PSD Stationary Sources'' (except paragraphs (d)(1)(vi), 
(d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3)), revision adopted on 
April 27, 2016.
    (9) Previously approved on October 4, 2018 in paragraph 
(c)(508)(i)(A)(4) of this section and now deleted with replacement in 
(c)(539)(i)(A)(4), Rule 20.4, ``New Source Review--Portable Emission 
Units'' (except paragraphs (b)(2), (b)(3), (d)(1)(iii), (d)(2)(i)(B), 
(d)(2)(iv), (d)(2)(v)(B), (d)(3) and (d)(5)), revision adopted on April 
27, 2016.
* * * * *
    (539) The following regulations were submitted on July 19, 2019 by 
the Governor's designee as an attachment to a letter dated July 18, 
2019.
    (i) Incorporation by reference.
    (A) San Diego County Air Pollution Control District.
    (1) Rule 20.1 ``New Source Review--General Provisions,'' revision 
adopted on June 26, 2019.
    (2) Rule 20.2 ``New Source Review--Non-Major Stationary Sources,'' 
(except paragraphs (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3)), 
revision adopted on June 26, 2019.
    (3) Rule 20.3 ``New Source Review--Major Stationary Sources and PSD 
Stationary Sources,'' (except paragraphs (d)(1)(vi), (d)(2)(i)(B), 
(d)(2)(v), (d)(2)(vi)(B) and (d)(3)), revision adopted on June 26, 
2019.
    (4) Rule 20.4 ``New Source Review--Portable Emission Units,'' 
(except paragraphs (b)(2), (b)(3), (d)(1)(iii), (d)(2)(i)(B), 
(d)(2)(iv), (d)(2)(v)(B), (d)(3) and (d)(5)), revision adopted on June 
26, 2019.
    (B) [Reserved]
    (ii) [Reserved]
* * * * *


Sec.  52.248  [Amended]

0
3. Section 52.248 is amended by removing and reserving paragraph (e).
[FR Doc. 2020-18425 Filed 9-15-20; 8:45 am]
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