[Federal Register Volume 85, Number 185 (Wednesday, September 23, 2020)]
[Proposed Rules]
[Pages 59729-59732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19587]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2020-0418; FRL-10013-74-Region 9]


Air Quality Implementation Plan; California; Northern Sierra Air 
Quality Management District; Stationary Source Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Northern Sierra Air Quality Management 
District (NSAQMD or ``District'') portion of the California State 
Implementation Plan (SIP). In this action, we are proposing to approve 
a rule submitted by the NSAQMD that governs the issuance of permits for 
stationary sources, which focuses 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 October 23, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2020-0418 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

[[Page 59730]]

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. If you need assistance in 
a language other than English or if you are a person with disabilities 
who needs a reasonable accommodation at no cost to you, please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Amber Batchelder, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105; by phone: (415) 947-4174, or by 
email to 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 rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule?
II. The EPA's Evaluation
    A. What is the background for this proposal?
    B. How is the EPA evaluating the rule?
    C. Does the rule 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 rule did the State submit?

    Table 1 lists the rule addressed by this proposal, including the 
date on which it was adopted by the District and the date on which it 
was submitted to the EPA by the California Air Resources Board (CARB or 
``the State''). The Northern Sierra Air Quality Management District 
(NSAQMD) is the air pollution control agency for Nevada, Sierra, and 
Plumas Counties.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
           District                Rule No.                Rule title                 Adopted      Submitted\1\
----------------------------------------------------------------------------------------------------------------
NSAQMD........................             428  NSR Requirements for New and            11/25/19        02/19/20
                                                 Modified Major Sources in
                                                 Nonattainment Areas.
----------------------------------------------------------------------------------------------------------------

    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 rule listed in Table 1 contains the 
District's NNSR permit program applicable to new and modified major 
sources located in areas within the District that are designated 
nonattainment for any NAAQS for ozone or particulate matter equal to or 
less than 2.5 micrometers (PM2.5).
---------------------------------------------------------------------------

    \1\ The submittal was transmitted to the EPA via a letter from 
CARB dated February 6, 2020.
---------------------------------------------------------------------------

    We find that the submittal for Rule 428 meets the completeness 
criteria in 40 CFR part 51 Appendix V, which must be met before formal 
EPA review.

B. Are there other versions of this rule?

    There are no previous versions of NSAQMD Rule 428 in the California 
SIP.

C. What is the purpose of the submitted rule?

    NSAQMD Rule 428 is 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 this proposal?

    Because a part of Nevada County(``the western part'') is a federal 
ozone nonattainment area and part of Plumas County (``the Portola 
area'') is a federal PM2.5 nonattainment area,\2\ the CAA 
requires the NSAQMD to have a SIP-approved NNSR program for new and 
modified major sources in the ozone and PM2.5 nonattainment 
areas that are under its jurisdiction. Below, we provide the area's 
nonattainment designation history for the ozone and PM2.5 
NAAQS, which forms the basis for the District's NNSR program needed to 
satisfy the NNSR requirements applicable to Serious ozone nonattainment 
areas and Moderate PM2.5 nonattainment areas.
---------------------------------------------------------------------------

    \2\ While the NSAQMD includes all of Nevada, Sierra, and Plumas 
Counties, only the western part of Nevada County is nonattainment 
for ozone, and only a specific part of Plumas County is 
nonattainment for PM2.5. See 40 CFR part 81.305.
---------------------------------------------------------------------------

    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.\3\ On April 30, 2004, the EPA issued a final rule designating the 
western part of Nevada County as nonattainment for the 1997 8-hour 
ozone NAAQS.\4\ On May 14, 2012, this area was reclassified as Moderate 
nonattainment for the 1997 ozone NAAQS.\5\ On December 3, 2012, the EPA 
issued a final rule that determined that the western part of Nevada 
County had attained the 1997 ozone NAAQS by the extended attainment 
date.\6\
---------------------------------------------------------------------------

    \3\ 40 CFR 50.10; see 62 FR 38856, 38894-38895.
    \4\ 69 FR 23858, 23889.
    \5\ 77 FR 28424; see also 77 FR 43521 (July 25, 2012); 40 CR 
81.305.
    \6\ 77 FR 71551.
---------------------------------------------------------------------------

    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.\7\ On May 
21, 2012, the EPA issued a final rule designating the western part of 
Nevada County as nonattainment for the 2008 8-hour ozone NAAQS, with a 
Marginal classification.\8\ On May 4, 2016, the EPA issued a final rule 
that determined that the western part of Nevada County had not attained 
the 2008 ozone NAAQS by the attainment date and was therefore 
reclassified as a Moderate nonattainment area.\9\ On August 23, 2019, 
the EPA issued a final rule that determined that the western part of 
Nevada County had not attained the 2008 ozone NAAQS by the attainment 
date and was therefore reclassified as a Serious ozone nonattainment 
area.\10\
---------------------------------------------------------------------------

    \7\ 40 CFR 50.15; see 73 FR 16436, 16511.
    \8\ 77 FR 30088, 30103.
    \9\ 81 FR 26697.
    \10\ 84 FR 44238; see 40 CFR 81.305.
---------------------------------------------------------------------------

    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.\11\ On June 
4, 2018, the EPA issued a final rule designating the western part of 
Nevada County as nonattainment for the 2015 8-hour

[[Page 59731]]

ozone NAAQS, with a Moderate classification.\12\
---------------------------------------------------------------------------

    \11\ 40 CFR 50.19; see 80 FR 65292, 65452-53.
    \12\ 83 FR 25776, 25788; see 40 CFR 81.305.
---------------------------------------------------------------------------

    On January 15, 2013, the EPA issued a final rule revising the NAAQS 
for PM2.5, reducing the primary annual standard to 12.0 
micrograms per cubic meter.\13\ On January 15, 2015, the EPA issued a 
final rule designating the Portola area as nonattainment for the 2012 
primary annual PM2.5 NAAQS, with a Moderate 
classification.\14\
---------------------------------------------------------------------------

    \13\ 40 CFR 50.18; see 78 FR 3086, 3277.
    \14\ 80 FR 2206, 2218; see 40 CFR 81.305.
---------------------------------------------------------------------------

    The designations of the western part of Nevada County as a federal 
ozone nonattainment area and the Portola area as a federal 
PM2.5 nonattainment area triggered the requirement for the 
NSAQMD to develop and submit an NNSR program to the EPA for approval 
into the California SIP.\15\ The District's NNSR program must satisfy 
the NNSR requirements applicable to Moderate PM2.5 
nonattainment areas and Serious ozone nonattainment areas, as these are 
the highest PM2.5 and ozone nonattainment classifications to 
which the District is subject.\16\
---------------------------------------------------------------------------

    \15\ 40 CFR 51.1003(a)(1), 51.1100(o)(14), 51.1105(a) and (f), 
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\ See 40 CFR 51.1003(a)(1), 51.1105(f), 51.1114.
---------------------------------------------------------------------------

    On February 19, 2020, CARB submitted to the EPA for SIP approval, 
via correspondence dated February 6, 2020, NSAQMD Rule 428, ``NSR 
Requirements for New and Modified Major Sources in Nonattainment 
Areas,'' which was adopted by the District on November 25, 2019.

B. How is the EPA evaluating the rule?

    The EPA reviewed NSAQMD Rule 428 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 Serious ozone and Moderate 
PM2.5 nonattainment areas; (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 section 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 Serious for ozone and nonattainment areas designated 
Moderate for PM2.5, and ensured that the submittals 
addressed the NNSR requirements for the 1997, 2008 and 2015 ozone 
NAAQS, and the 2012 Annual PM2.5 NAAQS.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

C. Does the rule 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 February 19, 2020 submittal of 
NSAQMD Rule 428, we find that the NSAQMD has 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 NSAQMD 
Rule 428 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 and PM2.5 NAAQS, including 
the 2015 ozone NAAQS. We find that NSAQMD Rule 428 satisfies these 
requirements as they apply to sources subject to NNSR permit program 
requirements for ozone nonattainment areas classified as Serious and 
PM2.5 nonattainment areas classified as Moderate. We have 
also determined that this rule satisfies the related visibility 
requirements in 40 CFR 51.307. In addition, we have determined that 
Rule 428 satisfies the requirement in CAA section 110(a)(2)(A) that 
requires regulations submitted to the EPA for SIP approval to be clear 
and legally enforceable, and have determined that the submittal 
demonstrates in accordance with CAA section 110(a)(2)(E)(i) that the 
District has adequate personnel, funding, and authority under state law 
to carry out these proposed SIP revisions.
    Our Technical Support Document, which can be found in the docket 
for this rule, contains a more detailed discussion of our analysis of 
Rule 428.

III. Proposed Action and Public Comment

    As authorized in section 110(k)(3) of the Act, the EPA is proposing 
to approve the submitted rule because it fulfills all relevant CAA 
requirements. We have concluded that our approval of the submitted rule 
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 
NSAQMD Rule 428 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 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, PM2.5, and their 
respective 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 
October 23, 2020.

IV. Incorporation by Reference

    In this rule, 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 rule 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).

[[Page 59732]]

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, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: August 28, 2020.
John Busterud,
Regional Administrator, Region IX.
[FR Doc. 2020-19587 Filed 9-22-20; 8:45 am]
BILLING CODE 6560-50-P


