
[Federal Register Volume 88, Number 185 (Tuesday, September 26, 2023)]
[Rules and Regulations]
[Pages 65816-65819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20673]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0933; FRL-11004-02-R9]


Air Plan Revisions; California; Placer County Air Pollution 
Control District; General Permit Requirements, New Source Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action on two permitting rules submitted as a revision to the Placer 
County Air Pollution Control District (PCAPCD or ``District'') portion 
of the California State Implementation Plan (SIP). We are finalizing an 
approval of one rule and finalizing a limited approval and limited 
disapproval of the second rule. These revisions concern the District's 
New Source Review (NSR) permitting program for new and modified sources 
of air pollution under title I of the Clean Air Act (CAA or ``Act''). 
This final action stops all sanction and federal implementation plan 
clocks started by our April 20, 2020 limited approval and limited 
disapproval. This action also adds regulatory text to clarify that 
Placer County is no longer subject to the Federal Implementation Plan 
related to protection of visibility.

DATES: This rule is effective on October 26, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket No. EPA-R09-OAR-2021-0933. 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. 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: Po-Chieh Ting, EPA Region IX, 75

[[Page 65817]]

Hawthorne St., San Francisco, CA 94105. By phone at (415) 972-3191 or 
by email at [email protected].

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

Table of Contents

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

I. Proposed Action

    On July 24, 2023, the EPA proposed approval of Rule 501 and limited 
approval and limited disapproval of Rule 502, listed in Table 1, as a 
revision to the California SIP.\1\ These rules constitute part of the 
District's program for preconstruction review and permitting of new or 
modified stationary sources under its jurisdiction. The rule revisions 
that are the subject of this action represent an update to the 
District's preconstruction review and permitting program and are 
intended to satisfy the requirements under part D of title I of the Act 
(``Nonattainment NSR'' or ``NNSR'') as well as the general 
preconstruction review requirements under section 110(a)(2)(C) of the 
Act (``Minor NSR'').
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    \1\ 88 FR 47409.

                                             Table--Submitted Rules
----------------------------------------------------------------------------------------------------------------
              Rule No.                              Rule title                  Amended date     Submitted date
----------------------------------------------------------------------------------------------------------------
501................................  General Permit Requirements............          4/8/2021         10/6/2021
502................................  New Source Review......................         8/12/2021         10/6/2021
----------------------------------------------------------------------------------------------------------------

    We proposed to approve Rule 501 and to issue a limited approval of 
Rule 502 because we determined that Rule 501 complies, and Rule 502 
mostly complies, with the relevant CAA requirements. Our proposal 
identified the following deficiencies in Rule 502:
    1. Rule 502 does not contain provisions to restrict permitting when 
the EPA finds the SIP is not being adequately implemented in the area, 
as required under CAA section 173(a)(4).
    2. The definition of the term ``Major Modification'' in Section 231 
of the rule does not correctly apply the CAA section 182(c)(6) 
requirements regarding aggregation of net emission increases and 
incorrectly specifies use of potential to emit as the basis for 
calculating emission increases.
    3. The rule does not contain the definition of ``Federal Land 
Manager'' from 40 CFR 51.165(a)(1)(xlii).
    4. The definition of the term ``Major Stationary Source--Sacramento 
Air Basin'' in Section 229 of the rule does not specify a major source 
threshold for ammonia, which is a PM2.5 precursor, as 
required by 40 CFR 51.165(a)(13). Similarly, the definition of the term 
``Major Modification'' in Section 231 of the rule is deficient because 
it relies on the section 229 definition.
    5. The definition of ``Sacramento Valley Air Basin'' in Section 251 
does not include a small area that is included in the federal 
definition of the Sacramento PM2.5 nonattainment area. 
Therefore, the rule is deficient because it does not apply the 
PM2.5 NNSR program requirements to this area, as required 
under CAA section 173.
    As described in our proposal, the EPA's final approval of Rule 501 
and limited approval of 502 addresses our April 20, 2020 limited 
disapproval action.\2\
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    \2\ 85 FR 21777.
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II. Public Comments

    The EPA's proposed action provided a 30-day public comment period. 
During this period, no comments were submitted on our proposal.

III. EPA Action

    No comments were submitted on our proposal. Therefore, as 
authorized in sections 110(k)(3) and 301(a) of the Act, the EPA is 
finalizing approval of Rule 501 and limited approval of Rule 502. This 
action incorporates the submitted rules into the California SIP and 
replaces the versions of these rules previously approved into the 
SIP.\3\ The approval of Rule 501 stops all sanction and federal 
implementation plan clocks started by our April 20, 2020 limited 
approval and limited disapproval action. 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 also revises 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.
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    \3\ As described in the EPA's July 24, 2023 proposed action, the 
EPA previously issued a limited approval of Rule 501 on April, 20, 
2020 (85 FR 21777) and previously approved Rule 502 on September 29, 
2014 (79 FR 58263). See 88 FR 47409, 47410, Table 2.
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    Additionally, as authorized in sections 110(k)(3) and 301(a) of the 
Act, the EPA is simultaneously finalizing a limited disapproval of Rule 
502. Our limited disapproval final action triggers an obligation on the 
EPA to promulgate a FIP unless the State corrects the deficiencies, and 
the EPA approves the related plan revisions, within two years of the 
final action. Additionally, because the deficiencies relate to NNSR 
requirements under part D of title I of the Act, the offset sanction in 
CAA section 179(b)(2) will apply in the designated ozone and 
PM2.5 nonattainment areas in Placer County 18 months after 
the effective date of a final limited disapproval, and the highway 
funding sanctions in CAA section 179(b)(1) will apply in the areas six 
months after the offset sanction is imposed. Section 179 sanctions will 
not be imposed under the CAA if the State submits, and we approve, 
prior to the implementation of the sanctions, a SIP revision that 
corrects the deficiencies that we have identified in our final action. 
The EPA intends to work with the District to correct the deficiencies 
in a timely manner.

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 rules 
described in Section I of this preamble, which pertain to new source 
review permit programs, and set forth below in the amendments to 40 CFR 
52. The EPA has made, and will continue to make, these documents 
available through https://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).

[[Page 65818]]

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 review state choices, 
and approve those choices if they meet the minimum criteria of the Act. 
Accordingly, this final action is finalizing a limited approval and 
limited disapproval of state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law.
    Additional information about these statutes and Executive orders 
can be found at https://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. 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.

C. 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.

D. 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.

E. 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.

F. 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.

G. 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. Therefore, this action is not 
subject to Executive Order 13045 because it is merely finalizing a 
limited approval and limited disapproval of state law as meeting 
federal requirements. Furthermore, the EPA's Policy on Children's 
Health does not apply to this action.

H. 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.

I. 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.

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

    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' The EPA further defines the term fair treatment to mean 
that ``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The State did not evaluate environmental justice (EJ) 
considerations as part of its SIP submittal; the CAA and applicable 
implementing regulations neither prohibit nor require such an 
evaluation. The EPA did not perform an EJ analysis and did not consider 
EJ in this action. Due to the nature of the action being taken here, 
this action is expected to have a neutral to positive impact on the air 
quality of the affected area. Consideration of EJ is not required as 
part of this action, and there is no information in the record 
inconsistent with the stated goal of E.O. 12898 of achieving 
environmental justice for people of color, low-income populations, and 
Indigenous peoples.

K. 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).

L. 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 27, 2023. 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)).

[[Page 65819]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen oxides, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Volatile organic compounds.
    Authority: 42 U.S.C. 7401 et seq.

    Dated: September 18, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended 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:
0
a. Adding paragraphs (c)(389)(i)(B)(7) and (c)(441)(i)(B)(4);
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b. Revising paragraph (c)(595) introductory text; and
0
c. Adding paragraph (c)(595)(i) to read as follows:


Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (389) * * *
    (i) * * *
    (B) * * *
    (7) Previously approved on April 20, 2020, in paragraph 
(c)(389)(i)(B)(1) of this section and now deleted with replacement in 
(c)(595)(i)(A)(1) of this section: Rule 501, ``General Permit 
Requirements,'' adopted on August 12, 2010.
* * * * *
    (441) * * *
    (i) * * *
    (B) * * *
    (4) Previously approved on September 29, 2014, in paragraph 
(c)(441)(i)(B)(1) of this section and now deleted with replacement in 
(c)(595)(i)(A)(2) of this section: Rule 502, ``New Source Review,'' 
amended on August 8, 2013.
* * * * *
    (595) The following rules and additional materials were submitted 
on October 6, 2021, by the Governor's designee as an attachment to a 
letter dated October 6, 2021.
    (i) Incorporation by reference. (A) Placer County Air Pollution 
Control District.
    (1) Rule 501, ``General Permit Requirements,'' amended on April 8, 
2021.
    (2) Rule 502, ``New Source Review,'' amended on August 12, 2021.
    (B) [Reserved]
* * * * *

0
3. Section 52.281 is amended by adding paragraph (d)(12) to read as 
follows:


Sec.  52.281  Visibility protection.

* * * * *
    (d) * * *
    (12) Placer County Air Pollution Control District.
* * * * *
[FR Doc. 2023-20673 Filed 9-25-23; 8:45 am]
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