[Federal Register Volume 87, Number 134 (Thursday, July 14, 2022)]
[Proposed Rules]
[Pages 42132-42135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15027]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0584; FRL-9939-01-R9]


Air Quality Implementation Plan; California; Tuolumne 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 Tuolumne County Air Pollution Control 
District's (TCAPCD or ``District'') portion of the California State 
Implementation Plan (SIP). This revision governs the District's 
issuance of permits for stationary sources, and 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 plan to 
follow with a final action.

DATES: Comments must be received on or before August 15, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2021-0584 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed 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 Confidential Business Information (CBI) or other information 
the disclosure of which is restricted by statute. Multimedia

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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://www.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 [email protected].

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 TCAPCD is the air pollution control agency for 
Tuolumne County in California.

                                             Table 1--Submitted Rule
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           Local agency              Rule #            Rule title                Adopted           Submitted
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TCAPCD...........................        429  Federal New Source Review...           07/06/21           08/03/21
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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 rule listed in Table 1 contains the 
District's NNSR permit program applicable to new and modified major 
sources located in areas designated nonattainment for the 1997 and 2015 
ozone NAAQS.
    On February 3, 2022, the submittal for Rule 429 was deemed by 
operation of law to meet 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 Rule 429 in the SIP.

C. What is the purpose of the submitted rule?

    Rule 429 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?

    The EPA's April 2004 designation of Tuolumne County as a 
nonattainment area for the 1997 8-hour ozone National Ambient Air 
Quality Standards (NAAQS) triggered the requirement for the District to 
develop and submit an NNSR program to the EPA for SIP approval.\1\ 
Although the EPA revoked the 1997 8-hour ozone NAAQS effective April 6, 
2015,\2\ the NNSR requirements applicable to Tuolumne County based on 
its designation and classification for the revoked 1997 8-hour ozone 
NAAQS remain applicable in order to prevent future emissions from new 
and modified major stationary sources from increasing beyond the levels 
allowed, based on the area's prior designation and classification for 
the 1997 ozone NAAQS. Thus, because Tuolumne County was designated and 
classified as Moderate nonattainment for the 1997 8-hour ozone NAAQS, 
the District's NNSR program must satisfy the NNSR requirements 
applicable to Moderate ozone nonattainment areas, including the offset 
ratios identified in CAA section 182(b)(5).\3\ Tuolumne County is also 
designated and classified as Marginal nonattainment for the 2015 8-hour 
ozone NAAQS and, therefore, subject to the NNSR requirements applicable 
to Marginal ozone nonattainment areas.\4\ Submission of an NNSR program 
that satisfies the requirements of the Act and the EPA's regulations 
for Moderate ozone nonattainment areas, however, would satisfy the NNSR 
program requirements for Marginal ozone nonattainment areas.\5\
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    \1\ CAA section 172(b) and 40 CFR 51.914.
    \2\ 80 FR 12264, 12265 (March 6, 2015).
    \3\ The EPA's determination that the Tuolumne County area had 
attained the 1997 8-hour ozone NAAQS by the applicable attainment 
date suspended the requirements to submit those SIP elements related 
to attainment of these NAAQS for so long as the area continues to 
attain but did not suspend the requirement to submit an NNSR 
program. 40 CFR 51.918; see also 77 FR 71551 (Dec. 3, 2012) (noting 
that the EPA's attainment determination does not redesignate the 
area to attainment or relax control requirements).
    \4\ 40 CFR 51.1314.
    \5\ The NNSR requirements applicable to Moderate ozone 
nonattainment areas are identical to those that apply to Marginal 
ozone nonattainment areas, except that Moderate nonattainment areas 
are subject to a more stringent offset ratio than Marginal 
nonattainment areas. CAA sections 182(a)(2)(C) (requiring permit 
programs consistent with CAA sections 172(c)(5) and 173 for ozone 
nonattainment areas), 182(a)(4) (establishing 1.1 to 1 offset ratio 
for Marginal nonattainment areas), and 182(b)(5) (establishing 1.15 
to 1 offset ratio for Moderate nonattainment areas) and 40 CFR 
51.165.
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    Additional information regarding the District's nonattainment 
status for each pollutant is included in our Technical Support Document 
(TSD), which may be found in the docket for this rule.

B. How is the EPA evaluating the rule?

    The EPA reviewed Rule 429 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 Moderate ozone nonattainment areas; (3) the 
review of new major stationary sources or major modifications in a 
designated nonattainment area that may have an

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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); \6\ and 
(5) SIP revisions as set forth in CAA section 110(l) and 
193.7 8 Our review evaluated the submittal for compliance 
with the NNSR requirements applicable to Moderate ozone nonattainment 
areas, and ensured that the submittal addressed the NNSR requirements 
for the 1997 and 2015 ozone NAAQS.
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    \6\ 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.
    \7\ Per CAA section 110(l), SIP revisions are subject to 
reasonable notice and public hearing prior to adoption and submittal 
by states to the EPA. Additionally, CAA section 110(l) prohibits the 
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.
    \8\ 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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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 August 3, 2021 submittal of Rule 
429, we find that the District 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 Rule 429 
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 
Rule 429 satisfies these requirements as they apply to sources subject 
to the NNSR permit program requirements applicable to Moderate ozone 
nonattainment areas. We have also determined that this rule satisfies 
the related visibility requirements in 40 CFR 51.307. In addition, we 
have determined that Rule 429 satisfies the requirement in CAA section 
110(a)(2)(A) that requires regulations submitted to the EPA for SIP 
approval be clear and legally enforceable, and we 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.
    Regarding the additional substantive requirements of CAA sections 
110(l) and 193, our action will result in a more stringent SIP, while 
not relaxing any existing provision contained in the SIP. We have 
concluded that our action would comply with section 110(l) because our 
approval of Rule 429 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 429 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.

III. Proposed Action and Public Comment

    As authorized in sections 110(k)(3) and 301(a) of the Act, the EPA 
is proposing to approve the submitted rule because it fulfills the 
relevant CAA requirements, and strengthens the SIP. 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, 
40 CFR 51.160-51.165, and 40 CFR 51.307.
    If finalized as proposed, our action will be codified through 
revisions to 40 CFR 52.220 (Identification of plan-in part). In 
conjunction with the EPA's SIP approval of the District's visibility 
provisions for sources subject to the NNSR program as meeting the 
relevant requirements of 40 CFR 51.307, this action would also revise 
the regulatory provision at 40 CFR 52.281(d) concerning the 
applicability of the visibility Federal Implementation Plan (FIP) at 40 
CFR 52.28 as it pertains to California, to provide that this FIP does 
not apply to sources subject to review under the District's SIP-
approved NNSR program.
    We will accept comments from the public on this proposal until 
August 15, 2022.

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 District rule described in Section I.A. of this preamble. 
The EPA has made, and will continue to make, these materials available 
through 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 Clean Air 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);
     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 CAA; and
     Does not provide the EPA with the discretionary authority 
to address

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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, Administrative practice and procedure, 
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 7, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-15027 Filed 7-13-22; 8:45 am]
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