[Federal Register Volume 85, Number 139 (Monday, July 20, 2020)]
[Proposed Rules]
[Pages 43785-43787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14823]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0498; FRL-10011-38-Region 9]


Air Quality Implementation Plan; California; Calaveras County Air 
Pollution Control District and Mariposa County Air Pollution Control 
District; Stationary Source Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Calaveras County Air Pollution Control 
District (CCAPCD) and the Mariposa County Air Pollution Control 
District (MCAPCD) portions of the California State Implementation Plan 
(SIP). In this action, we are proposing to approve two rules, one 
submitted by the CCAPCD and the other by the MCAPCD, governing the 
issuance of permits for stationary sources, focusing on the 
preconstruction review and permitting of major sources and major 
modifications under part D of title I of the Clean Air Act (CAA or 
``the Act''). We are taking comments on this proposal and a final 
action will follow.

DATES: Written comments must be received on or before August 19, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2019-0498 at https://www.regulations.gov, or via email to 
R9AirPermits@epa.gov. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be removed or edited from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information the disclosure of which is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section. 
For the full EPA public comment policy, information about CBI and 
multimedia submissions, and general guidance on making effective 
comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Maggie Waldon or Amber Batchelder, EPA 
Region IX, 75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 
972-3987 or (415) 947-4174, or by email at waldon.margaret@epa.gov or 
batchelder.amber@epa.gov.

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

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
II. The EPA's Evaluation
    A. What is the background for today's proposal?
    B. How is the EPA evaluating the rules?
    C. Do the rules meet the evaluation criteria?
III. Proposed Action and Public Comment
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules addressed by this proposal including the 
dates they were adopted by each District and submitted to the EPA by 
the California Air Resources Board (CARB or ``the State'').

                                            Table 1--Submitted Rules
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                                    Rule or regulation
             District                      No.                 Rule title             Adopted      Submitted \1\
----------------------------------------------------------------------------------------------------------------
Calaveras County APCD............  Rule 428...........  NSR Requirements for New        03/12/19        04/05/19
                                                         and Modified Major
                                                         Sources in
                                                         Nonattainment Areas.
Mariposa County APCD.............  Regulation XI......  NSR Requirements for New        03/12/19        04/05/19
                                                         and Modified Major
                                                         Sources in the Mariposa
                                                         County Air Pollution
                                                         Control District.
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    For areas designated nonattainment for one or more National Ambient 
Air Quality Standards (NAAQS), the applicable SIP must include 
preconstruction review and permitting requirements for new or modified 
major stationary sources of such nonattainment pollutant(s) under part 
D of title I of the Act, commonly referred to as Nonattainment New 
Source Review (NNSR). The rules listed in Table 1 contain the relevant 
District's NNSR permit program applicable to new and modified major 
sources located in areas designated nonattainment for any ozone NAAQS.
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    \1\ Each submittal was transmitted to the EPA via a letter from 
CARB dated April 3, 2019.
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    The EPA issued final rules on February 3, 2017, and December 11, 
2017, that found (among other things) that the CCAPCD and the MCAPCD 
had

[[Page 43786]]

failed to submit to the EPA for SIP approval an NNSR program as 
required for areas designated nonattainment for the 2008 Ozone 
NAAQS.\2\ These findings of failure to submit triggered sanctions 
clocks, as per CAA section 179.
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    \2\ See 82 FR 9158; 82 FR 58118.
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    On April 12, 2019, the EPA determined that the California SIP 
submittals listed above in Table 1 met the completeness criteria in 40 
CFR part 51, appendix V, which must be met before formal EPA review.\3\ 
The EPA's April 12, 2019 findings of completeness represented the EPA's 
determination that the NNSR-related deficiencies that formed the basis 
for the February 3, 2017 and December 11, 2017 findings of failure to 
submit had been corrected, and as a result, the associated sanctions 
and running of the sanctions clocks were permanently stopped.\4\ See 40 
CFR 52.31(d)(5).
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    \3\ See letter dated April 12, 2019 from Elizabeth J. Adams, US 
EPA Region 9, to Richard Corey, CARB, regarding the April 5, 2019 
submittal of CCAPCD Rule 428; and letter dated April 12, 2019 from 
Elizabeth J. Adams, US EPA Region 9, to Richard Corey, CARB, 
regarding the April 5, 2019 submittal of MCAPCD Regulation XI.
    \4\ See id.
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B. Are there other versions of these rules?

    There are no previous versions of CCAPCD Rule 428 or MCAPCD 
Regulation XI in the California SIP.

C. What is the purpose of the submitted rules?

    CCAPCD Rule 428 and MCAPCD Regulation XI are intended to address 
the CAA's statutory and regulatory requirements for NNSR permit 
programs for major sources emitting nonattainment air pollutants and 
their precursors.

II. The EPA's Evaluation

A. What is the background for today's proposal?

    As federal ozone nonattainment areas, Calaveras and Mariposa 
Counties are required to have an approved NNSR program in the 
California SIP. Below, we provide the ozone designation history for 
each area, which forms the basis for each District's NNSR program 
needed to satisfy the NNSR requirements applicable to Moderate ozone 
nonattainment areas.
    On July 18, 1997, the EPA issued a final rule revising the primary 
and secondary NAAQS for ozone to establish new 8-hour standards of 0.08 
ppm.\5\ On April 30, 2004, the EPA issued a final rule designating 
Calaveras and Mariposa Counties as nonattainment for the 1997 8-hour 
ozone NAAQS, effective June 15, 2004.\6\ On May 14, 2012, Calaveras and 
Mariposa Counties were reclassified as Moderate nonattainment for the 
1997 ozone NAAQS.\7\ On December 3, 2012, the EPA issued a final rule 
that determined that Calaveras and Mariposa Counties had attained the 
1997 ozone NAAQS by the attainment date.\8\
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    \5\ 40 CFR 50.10; see 62 FR 38856, 38894-38895.
    \6\ 69 FR 23858, 23881, 23885.
    \7\ 77 FR 28424; see also 77 FR 43521 (July 25, 2012).
    \8\ 77 FR 71551.
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    On March 27, 2008, the EPA issued a final rule revising the NAAQS 
for ozone, reducing the standards to a level of 0.075 ppm.\9\ On May 
21, 2012, the EPA issued a final rule designating Calaveras County and 
Mariposa County as nonattainment for the 2008 8-hour ozone NAAQS, with 
a Marginal classification.\10\ On May 4, 2016, the EPA issued a final 
rule that determined that Calaveras County had attained the 2008 ozone 
NAAQS by the attainment date, and that Mariposa County had not attained 
the 2008 ozone NAAQS by the attainment date and would therefore be 
reclassified as a Moderate nonattainment area.\11\ On August 23, 2019, 
the EPA issued a final rule that determined that Mariposa County had 
attained the 2008 8-hour ozone NAAQS by the July 20, 2018 applicable 
attainment date.\12\
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    \9\ 40 CFR 50.15; see 73 FR 16436, 16511.
    \10\ 77 FR 30088, 30099, 30103.
    \11\ 81 FR 26697.
    \12\ 84 FR 44238.
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    On October 26, 2015, the EPA issued a final rule revising the NAAQS 
for ozone, reducing the standards to a level of 0.070 ppm.\13\ On June 
4, 2018, the EPA issued a final rule designating Calaveras County and 
Mariposa County as nonattainment for the 2015 8-hour ozone NAAQS, with 
a Marginal classification.\14\
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    \13\ 40 CFR 50.19; see 80 FR 65292, 65452.
    \14\ 40 CFR 81.305; see 83 FR 25776, 25786, 25788.
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    The designation of Calaveras and Mariposa Counties as federal ozone 
nonattainment areas triggered the requirement for each of these 
Districts to develop and submit an NNSR program to the EPA for approval 
into the California SIP.\15\ The Districts' NNSR programs must satisfy 
the NNSR requirements applicable to Moderate ozone nonattainment areas, 
as this is the highest ozone nonattainment classification to which each 
District is subject.\16\
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    \15\ 40 CFR 51.1100(o)(14), 51.1105(a), 51.1114, 51.1314. We 
note that, as a result of the EPA's determination that an area has 
attained a NAAQS by the attainment date, those SIP elements related 
to attaining the NAAQS are suspended for so long as the area 
continues to attain the standard; however, the requirement for an 
NNSR program is not one of the SIP elements suspended as a result of 
such a determination. See, e.g., 40 CFR 51.1118.
    \16\ 40 CFR 51.1105(a).
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    On April 5, 2019, CARB submitted to the EPA for SIP approval, via 
correspondence dated April 3, 2019, CCAPCD Rule 428, ``NSR Requirements 
for New and Modified Major Sources in Nonattainment Areas,'' and MCAPCD 
Regulation XI, ``NSR Requirements for New and Modified Major Sources in 
the Mariposa County Air Pollution Control District,'' each of which had 
been adopted by the respective District on March 12, 2019.

B. How is the EPA evaluating the rules?

    The EPA reviewed CCAPCD Rule 428 and MCAPCD Regulation XI for 
compliance with CAA requirements for: (1) Stationary source 
preconstruction permitting programs as set forth in CAA part D, 
including CAA sections 172(c)(5) and 173; (2) the review and 
modification of major sources in accordance with 40 CFR 51.160-51.165 
as applicable in a Moderate ozone nonattainment area; (3) the review of 
new major stationary sources or major modifications in a designated 
nonattainment area that may have an impact on visibility in any 
mandatory Class I Federal area in accordance with 40 CFR 51.307; (4) 
SIPs in general as set forth in CAA sections 110(a)(2), including 
110(a)(2)(A) and 110(a)(2)(E)(i); \17\ and (5) SIP revisions as set 
forth in CAA section 110(l) \18\ and 193.\19\ Our review evaluated the 
submittals for compliance with the NNSR requirements applicable to 
nonattainment areas designated Moderate, and ensured that the 
submittals addressed the NNSR requirements for the 1997, 2008 and 2015 
ozone NAAQS.
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    \17\ CAA section 110(a)(2)(A) requires that regulations 
submitted to the EPA for SIP approval be clear and legally 
enforceable, and CAA section 110(a)(2)(E)(i) requires that states 
have adequate personnel, funding, and authority under state law to 
carry out their proposed SIP revisions.
    \18\ CAA section 110(l) requires SIP revisions to be subject to 
reasonable notice and public hearing prior to adoption and submittal 
by states to EPA and prohibits EPA from approving any SIP revision 
that would interfere with any applicable requirement concerning 
attainment and reasonable further progress, or any other applicable 
requirement of the CAA.
    \19\ CAA section 193 prohibits the modification of any SIP-
approved control requirement in effect before November 15, 1990 in a 
nonattainment area, unless the modification ensures equivalent or 
greater emission reductions of the relevant pollutants.

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[[Page 43787]]

C. Do the rules meet the evaluation criteria?

    With respect to procedural requirements, CAA sections 110(a)(2) and 
110(l) require that revisions to a SIP be adopted by the state after 
reasonable notice and public hearing. Based on our review of the public 
process documentation included in the April 5, 2019 submittal of CCAPCD 
Rule 428 and MCAPCD Regulation XI, we find that the CCAPCD and MCAPCD 
have provided sufficient evidence of public notice, opportunity for 
comment and a public hearing prior to adoption and submittal of these 
rules to the EPA.
    With respect to the substantive requirements found in CAA sections 
172(c)(5) and 173, and 40 CFR 51.160-51.165, we have evaluated CCAPCD 
Rule 428 and MCAPCD Regulation XI in accordance with the applicable CAA 
and regulatory requirements that apply to NNSR permit programs under 
part D of title I of the Act for all relevant ozone NAAQS, including 
the 2015 ozone NAAQS. We find that CCAPCD Rule 428 and MCAPCD 
Regulation XI satisfy these requirements as they apply to sources 
subject to NNSR permit program requirements for ozone nonattainment 
areas classified as Moderate. We have also determined that these rules 
satisfy the related visibility requirements in 40 CFR 51.307. In 
addition, we have determined that the Rule 428 and Regulation XI rules 
satisfy the requirement in CAA section 110(a)(2)(A) that regulations 
submitted to the EPA for SIP approval be clear and legally enforceable, 
and have determined that the submittals demonstrate in accordance with 
CAA section 110(a)(2)(E)(i) that the Districts have adequate personnel, 
funding, and authority under state law to carry out these proposed SIP 
revisions.
    Our Technical Support Documents, which can be found in the docket 
for this rule, contain a more detailed discussion of our analysis of 
Rule 428 and Regulation XI.

III. Proposed Action and Public Comment

    As authorized in section 110(k)(3) of the Act, the EPA is proposing 
to approve the submitted rules because they fulfill all relevant CAA 
requirements. We have concluded that our approval of the submitted 
rules would comply with the relevant provisions of CAA sections 
110(a)(2), 110(l), 172(c)(5), 173, and 193, and 40 CFR 51.160-51.165 
and 40 CFR 51.307.
    In support of this proposed action, we have concluded that our 
action would comply with section 110(l) of the Act because approval of 
CCAPCD Rule 428 and MCAPCD Regulation XI will not interfere with any 
applicable requirement concerning attainment and reasonable further 
progress, or any other CAA applicable requirement. In addition, our 
approval of Rule 428 and Regulation XI will not relax any pre-November 
15, 1990 requirement in the SIP, and therefore changes to the SIP 
resulting from this action ensure greater or equivalent emission 
reductions of ozone and its precursors in the District; accordingly, we 
have concluded that our action is consistent with the requirements of 
CAA section 193.
    If we finalize this action as proposed, our action will be codified 
through revisions to 40 CFR 52.220a (Identification of plan-in part).
    We will accept comments from the public on this proposal until 
August 19, 2020.

IV. Incorporation by Reference

    In this document, the EPA is proposing to include in a final EPA 
rule regulatory text that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, the EPA is proposing to 
incorporate by reference the rules listed in Table 1 of this preamble. 
The EPA has made, and will continue to make, this document available 
electronically through https://www.regulations.gov and in hard copy 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

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the Act. Accordingly, this 
proposed action merely proposes to approve state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 3, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, 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. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: July 1, 2020.
John Busterud,
Regional Administrator, Region IX.

[FR Doc. 2020-14823 Filed 7-17-20; 8:45 am]
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