[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Rules and Regulations]
[Pages 78871-78874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27725]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[EPA-R09-OAR-2022-0623; FRL-10031-02-R9]


Clean Air Act Operating Permit Program; California; San Diego 
County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: With this direct final rule, the Environmental Protection 
Agency (EPA) is promulgating approval of revisions to the Clean Air Act 
Operating Permit Program (title V) of the San Diego County Air 
Pollution Control District (SDCAPCD or District) in California. The EPA 
is taking this final action in accordance with Federal regulations and 
the Clean Air Act (CAA or ``Act'').

DATES: Effective February 21, 2023. Comments must be received on or 
before January 23, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0623 at https://www.regulations.gov. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. 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)

[[Page 78872]]

or other information whose disclosure 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 or 
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: La Weeda Ward, Permits Office (Air-3-
1), U.S. Environmental Protection Agency, Region IX, (213) 244-1812, 
[email protected].

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

Table of Contents

I. Why is the EPA using a direct final rule?
II. Background
III. What are the requirements for approval of revisions to Title V 
programs?
IV. What is the State's proposed Title V program revision?
V. EPA Evaluation of Title V Program Revision
VI. Final Action
VII. Statutory and Executive Order Reviews

I. Why is the EPA using a direct final rule?

    The EPA is publishing this final rule approving the SDCAPCD's 
proposed title V program revisions without prior proposal because we 
consider it to be a noncontroversial action and anticipate no adverse 
comments. However, elsewhere in this issue of the Federal Register 
publication, the EPA is simultaneously publishing a proposal that will 
also serve as a public notice of San Diego's proposed title V program 
revisions pursuant to title 40 of the Code of Federal Regulations 
(CFR), section 70.4(i).

II. Background

    The CAA Amendments of 1990 include title V, which requires states 
to develop an operating permits program that meets the Federal criteria 
codified in 40 CFR part 70. The title V program requires certain 
sources of air pollution to obtain Federal operating permits from their 
respective states. These Federal operating permits improve enforcement 
and compliance by consolidating all applicable Federal requirements 
into one federally enforceable document. Before states can issue title 
V permits, the EPA must approve their programs as amendments to 
appendix A of part 70. States may submit revisions to their approved 
programs for EPA approval.
    Title V of the CAA applies to ``major stationary sources'' as 
defined in title I, part D of the Act. 40 CFR 70.2 and 40 CFR 
51.165(a)(1)(iv)(A) base the definition of ``major stationary source'' 
on the nonattainment classification of the area where the source is 
located. Table 1 shows the attainment/non-attainment/unclassifiable 
status for the applicable national ambient air quality standards 
(NAAQS) within the District's jurisdictional boundary. As shown in 
Table 1, SDCAPCD's jurisdiction is classified as Severe-15 
nonattainment for the 2008 and 2015 8-hour ozone NAAQS.\1\ The area is 
designated attainment/unclassifiable for all other NAAQS. See 40 CFR 
81.305.
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    \1\ The EPA reclassified the San Diego region to a Severe ozone 
nonattainment area, effective July 2, 2021. This reclassification to 
Severe means that a major stationary source is now defined as a 
source emitting 25 tons or more per year of either oxides of 
nitrogen or volatile organic compounds. 86 FR 29522 (June 2, 2021).

                 Table 1--Air Quality Attainment Status
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                                                  San Diego County (NA =
                                                      Non-attainment/
                                                   Classification,  A =
            NAAQS pollutant/standards                 Attainment, M =
                                                     Maintenance,  U =
                                                       Unclassified)
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Ozone 2008 8-Hour...............................  NA, Severe-15.
Ozone 2015 8-Hour...............................  NA, Severe-15.
Nitrogen dioxide (NO2)..........................  A/U.
PM2.5 2012 24-Hour..............................  A/U.
PM10 1987 24-Hour...............................  A/U.
Sulfur dioxide (SO2) 2010 Standards.............  A/U.
Carbon monoxide 1971 Standards..................  A/U.
Lead (pb) 2008 Standards........................  A/U.
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    The emission thresholds above which a title V operating permit is 
required pursuant to 40 CFR 70.3(a) and 40 CFR 51.165(a)(1)(iv)(A)(1) 
and (2) are shown in Table 2.

                                     Table 2--Title V Emissions Thresholds a
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                                                                    VOC or NOX                      PM10  (tpy)
            Non-attainment designation/classification                  (tpy)         CO  (tpy)
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Marginal........................................................             100             100             100
Moderate........................................................             100             100             100
Serious.........................................................              50              50              70
Ozone transport region (other than Severe or Extreme)...........              50  ..............  ..............
Severe..........................................................              25  ..............  ..............

[[Page 78873]]

 
Extreme.........................................................              10  ..............  ..............
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\a\ 40 CFR 51.165(a)(1)(iv)(A).

III. What are the requirements for approval of revisions to Title V 
programs?

    Pursuant to 40 CFR 70.4(i), either the EPA or the state may 
initiate a title V program revision ``when the relevant Federal or 
State statutes or regulations are modified or supplemented.'' It is the 
responsibility of the state to keep the EPA apprised of any proposed 
modifications to its basic statutory or regulatory authority or 
procedures. Revision of a state program shall be accomplished as 
follows:
    (a) The state submits a modified program description, Attorney 
General's statement (if necessary for expanded or additional 
authority), or other documents as the EPA determines to be necessary. 
40 CFR 70.4(i)(2)(i).
    (b) After the EPA receives a proposed program revision, it will 
publish a notice of the proposed change in the Federal Register and 
provide for a public comment period of at least 30 days. 40 CFR 
70.4(i)(2)(ii).
    (c) The Administrator shall approve or disapprove program revisions 
based on the requirements of 40 CFR part 70 and the Act. 40 CFR 
70.4(i)(2)(iii).
    (d) The EPA must publish a notice of approval in the Federal 
Register for any substantial program revisions. 40 CFR 70.4(i)(2)(iv).
    (e) Approval of nonsubstantial revisions may be given by a letter 
from the Administrator to the Governor or a designee. 40 CFR 
70.4(i)(2)(iv).
    (f) A program revision shall become effective upon the approval of 
the Administrator. 40 CFR 70.4(i)(2)(iv).

IV. What is the State's proposed Title V program revision?

    Table 3 lists the rules submitted as part of the SDCAPCD's title V 
program revisions and the dates they were adopted by the District and 
submitted by the California Air Resources Board (CARB), which is the 
governor's designee for California rule submittals.\2\
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    \2\ Rule 1401 was amended to revise the definitions of 
``complete application'' and ``major stationary source.'' A detailed 
explanation of the EPA's evaluation of these proposed revisions as 
well as a change copy of the revised rule can be found in the 
Technical Support Document (TSD) and docket.

                                            Table 3--Submitted Rules
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                Rule No.                            Rule title               Amended date     Submitted date \a\
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1401...................................  Title V Operating Permits--             10/14/2021           1/24/2022
                                          General Provisions.
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\a\ CARB transmitted the submittal to the EPA by a letter dated January 20, 2022.

    SDCAPCD revised the definition of ``complete application'' in Rule 
1401 to incorporate Rule 1418,\3\ ``Action on Applications,'' Section 
(a): Completeness Determination, by reference.
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    \3\ All references to SDCAPCD Rule 1418 refer to the current 
EPA-approved version of this rule. 68 FR 74871 (December 29, 2003). 
Any future changes to Rule 1418 that amend Section (a) of this rule 
will necessitate a conforming amendment to Rule 1401 and a 
subsequent title V program revision.
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    Additionally, SDCAPCD revised the definition of a major stationary 
source in Rule 1401, Section (c)(26), to incorporate Rule 20.1,\4\ 
``New Source Review--General Provisions,'' Section (c)(30), ``Federal 
Major Stationary Source'' by reference. Rule 20.1 contains the 
definition of a ``Federal Major Stationary Source'' pursuant to 40 CFR 
70.2, Definitions, ``Major source.''
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    \4\ All references to SDCAPCD Rule 20.1 refer to the current 
SIP-approved version of this rule. 87 FR 58729 (September 28, 2022). 
A correction to this final rule was published on October 27, 2022 
(87 FR 65015). Any future changes to Rule 20.1 that amend Table 
20.1-5b of this rule will necessitate a conforming amendment to Rule 
1401 and a subsequent title V program revision.
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V. EPA Evaluation of Title V Program Revision

    The EPA finds that the revised definition of a ``complete 
application'' aligns with the applicable 40 CFR part 70 elements. The 
referenced portion of Rule 1418 outlines the components needed to deem 
an application complete in accordance with the requirements listed in 
40 CFR 70.7(a).
    The EPA also finds that the revised definition of a ``Major 
Stationary Source'' in SDCAPCD Rule 1401, Section (c)(26), is in 
accordance with the definition listed in 40 CFR part 70.2. As explained 
in Section II of this Notice, SDCAPCD's jurisdiction is classified as 
Severe nonattainment for ozone and designated attainment or 
unclassifiable for all the other NAAQS. Under the definition of ``major 
stationary source'' in 40 CFR 70.2, sources with emission rates equal 
to or greater than 25 tons of NOX or VOC per year that are 
located in Severe ozone nonattainment areas constitute major sources. 
Since Table 20.1--5b of SDCAPCD's Rule 20.1 lists these emission rate 
values in its definition of ``Federal Major Stationary Source,'' 
revised Rule 1401 references the appropriate emissions rates for the 
San Diego Air Basin based on the EPA's ozone nonattainment 
classifications.
    All of the other revisions to Rule 1401 involve clarifying specific 
citations to rules that were already incorporated by reference in the 
previous version of the rule that was adopted on August 13, 2003.

VI. Final Action

    As authorized in 40 CFR 70.4(i), the EPA is fully approving the 
submitted revisions because we find the proposed changes to Rule 1401 
align with 40 CFR part 70 program elements. Rule 1401 refers to the 
correct VOC and NOX emission thresholds appropriate for a 
Severe ozone nonattainment area. Therefore, the proposed changes are 
approvable as title V program revisions. We do not anticipate adverse 
comments, so we are finalizing this action without proposing it in 
advance. However, in the Proposed Rules section of this Federal 
Register, we are simultaneously proposing approval of the same 
submitted rule. If we receive adverse comments on the proposed 
revisions by

[[Page 78874]]

January 23, 2023, we will publish a timely withdrawal in the Federal 
Register to notify the public that the direct final approval will not 
take effect. The EPA would then address all public comments in a 
subsequent final rule based on the proposed action. If we do not 
receive timely adverse comments, this direct final approval will be 
effective without further notice on December 23, 2022. Pursuant to 
section 307(b)(1) of the Act, judicial review of this final agency 
action may be sought by filing a petition for review in the United 
States Court of Appeals for the appropriate circuit within 60 days of 
publication in the Federal Register. We do not plan to open a second 
comment period on this action, so any parties interested in commenting 
should do so at this time.

VII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator may approve a state title V 
program submittal that complies with the provisions of the Act and 
applicable Federal regulations; 40 CFR 70.4(i). Thus, in reviewing 
title V program submittals, the EPA's role is to approve state choices, 
provided they meet the criteria of the CAA and the criteria, standards, 
and procedures defined in 40 CFR part 70.
    For that reason, this 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
     The state did not evaluate environmental justice 
considerations as part of its title V program revision submittal. There 
is no information in the record inconsistent with the stated goals of 
Executive Order 12898 of achieving environmental justice for people of 
color, low-income populations, and indigenous peoples (59 FR 7629, 
February 16, 1994).
    In addition, this action is not approved to apply in Indian 
country, as defined at 18 U.S.C. 1151, or in any other area where the 
EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. 
Therefore, this 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).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 February 21, 2023. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

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

    Dated: December 14, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows:

PART 70--STATE OPERATING PERMIT PROGRAMS

0
1. The authority citation for part 70 continues to read as follows:

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


0
2. Appendix A to part 70 is amended under ``California'' by adding 
paragraph (x)(6) to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

California

* * * * *
    (x) * * *
    (6) The District adopted revisions on October 14, 2021. The 
California Air Resources Board submitted revisions to the EPA on 
January 24, 2022. Approval is effective on December 23, 2022.

[FR Doc. 2022-27725 Filed 12-22-22; 8:45 am]
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