Approval and Limited Approval and Limited Disapproval of California Air Plan Revisions; San Diego County Air Pollution Control District; Stationary Source Permits, 57727-57729 [2020-18425]
Download as PDF
<![CDATA[
Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
end of the table for ‘‘Section 110(a)(2)
Infrastructure Requirements—2015
ozone NAAQS.’’ to read as follows:
Subpart N—Idaho
§ 52.670
*
57727
Identification of plan.
*
*
(e) * * *
*
*
2. In § 52.670, the table in paragraph
(e) is amended by adding an entry at the
■
EPA—APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Name of SIP provision
*
Section 110(a)(2) Infrastructure Requirements—2015 ozone
NAAQS.
Applicable
geographic or nonattainment area
State submittal
date
EPA approval date
Comments
*
*
9/16/2020, [Insert Federal Register citation].
*
*
Approves SIP for purposes of CAA sections
110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E),
(F), (G), (H), (J), (K), (L), and (M) for the
2015 ozone NAAQS.
limited disapproval of one rule and
approval of the remaining three rules.
These revisions concern the District’s
New Source Review (NSR) permitting
program for new and modified sources
of air pollution under section
110(a)(2)(C) and part D of title I of the
Clean Air Act (CAA). This action
updates the SDAPCD’s applicable SIP
with revised rules that the District has
amended to address deficiencies
identified in a previous conditional
approval action.
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 for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Sheila Tsai, EPA Region IX, Air–3–1, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3328 or by
email at Tsai.Ya-Ting@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
*
*
State-wide ....................
[FR Doc. 2020–19207 Filed 9–15–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2019–0449; FRL–10013–
14–Region 9]
Approval and Limited Approval and
Limited Disapproval of California Air
Plan Revisions; San Diego County Air
Pollution Control District; Stationary
Source Permits
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action on
four permitting rules submitted as a
revision to the San Diego County Air
Pollution Control District (SDAPCD or
‘‘District’’) portion of the California
State Implementation Plan (SIP). We are
finalizing a limited approval and
SUMMARY:
9/27/2018
This rule is effective on October
16, 2020.
DATES:
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2019–0449. 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
ADDRESSES:
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On May 15, 2020 (85 FR 29377) the
EPA proposed to finalize a limited
approval and limited disapproval and
full approval of the following rules into
the California SIP.
TABLE 1—SUBMITTED RULES
Rule No.
Rule title
20.1 ..................
20.2 * ................
20.3 * ................
20.4 * ................
New
New
New
New
Source
Source
Source
Source
Adopted date
Review—General Provisions ................................................................................
Review—Non-Major Stationary Sources ..............................................................
Review—Major Stationary Sources and PSD Stationary Sources ......................
Review—Portable Emission Units ........................................................................
06/26/2019
06/26/2019
06/26/2019
06/26/2019
Submitted
date
07/19/2019
07/19/2019
07/19/2019
07/19/2019
jbell on DSKJLSW7X2PROD with RULES
* The following subsections of the Rules 20.2–20.4 were not submitted to the EPA for inclusion in the San Diego SIP: Rule 20.2 Subsections
(d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3); Rule 20.3 Subsections (d)(1)(vi), (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3); and Rule 20.4 Subsections (b)(2), (b)(3), (d)(1)(iii), (d)(2)(i)(B), (d)(2)(iv), (d)(2)(v)(B), (d)(3) and (d)(5).
The District submitted these rules to
address deficiencies that the EPA
identified in a conditional approval of
prior versions of Rules 20.1–20.4 at 83
FR 50007 (October 4, 2018). The 2018
action also included a conditional
VerDate Sep<11>2014
16:31 Sep 15, 2020
Jkt 250001
approval of Rule 20.6 and a full
approval of Rules 11, 20, and 24. In our
May 15, 2020 proposal, we proposed to
approve the submitted rules because we
determined that they satisfy the
District’s commitment to remedy the
PO 00000
Frm 00063
Fmt 4700
Sfmt 4700
deficiencies identified in our
conditional approval of the Rules 20.1–
20.4 and Rule 20.6, and generally
comply with most applicable CAA
requirements. However, we also
determined that Rule 20.1(a) does not
E:\FR\FM\16SER1.SGM
16SER1
57728
Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Rules and Regulations
satisfy the requirements related to 40
CFR 51.160(a) and (b) and CAA section
173(a). The District revised Rule 20.1(a)
to specify that the rule applies to a
permit application based on the
requirements in the rule as in effect on
the date that the application is
determined to be complete. By
specifying the rule’s applicability based
on the date of application completeness,
this language may limit the Air
Pollution Control Officer’s ability to
ensure a source will comply with
applicable NSR program requirements at
the time the permit is issued. This
deficiency is the basis for the EPA’s
final limited approval and limited
disapproval of Rule 20.1. In order to
correct this deficiency, we recommend
that SDAPCD remove or revise the
language added in the revised Rule
20.1(a).
jbell on DSKJLSW7X2PROD with RULES
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received one comment,
which is included in the docket for this
action. We do not consider this
comment to be germane or relevant to
this action and therefore not adverse to
this action. Moreover, the comment
lacks the required specificity to the
proposed SIP revision and the relevant
CAA requirements, and does not
address any specific regulation or
provision in question or recommend a
different action on the SIP submission
from what EPA proposed. Therefore, we
are finalizing our action as proposed.
III. EPA Action
No comments were submitted that
change our assessment of the rules as
described in our proposed action.
Therefore, as authorized in section
110(k)(3) and 301(a) of the Act, the EPA
is finalizing full approval of Rules 20.2–
20.4 and finalizing a limited approval
and limited disapproval of Rule 20.1.
This action incorporates the submitted
rules into the California SIP, including
those provisions identified as deficient.
Because the submitted rules address the
deficiencies identified in our October 4,
2018 conditional approval, the EPA is
removing from the SIP the conditional
approval of Rules 20.1–20.4 and Rule
20.6 at 40 CFR 52.248(e).
This approval is limited because EPA
is simultaneously finalizing a limited
disapproval of the rule under section
110(k)(3). Our limited disapproval
action triggers an obligation for the EPA
to promulgate a Federal Implementation
Plan (FIP) unless the State corrects the
deficiencies, and the EPA approves the
related plan revisions, within two years
VerDate Sep<11>2014
16:31 Sep 15, 2020
Jkt 250001
of this final action. Additionally,
because the deficiency relates to
Nonattainment NSR requirements under
part D of title I of the Act, sanctions will
be imposed unless the EPA approves
subsequent SIP revisions that correct the
rule deficiencies within 18 months of
the effective date of this action. These
sanctions will be imposed under section
179 of the Act and 40 CFR 52.31. The
EPA intends to work with the SDAPCD
to correct the deficiency in a timely
manner.
Note that Rule 20.1 has been adopted
by the SDAPCD, and the EPA’s final
limited disapproval does not prevent
the local agency from enforcing it. The
limited disapproval would also not
prevent any portion of the rule from
being incorporated by reference into the
federally enforceable SIP as discussed in
a July 9, 1992 EPA memo found at:
https://www.epa.gov/sites/production/
files/2015-07/documents/procsip.pdf.
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
SDAPCD rules described in Table 1 of
this preamble. The EPA has made, and
will continue to make, these materials
available through 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).
V. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive orders can be
found at https://www.epa.gov/lawsregulations/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. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
This action is not an Executive Order
13771 regulatory action because SIP
approvals, including limited approvals,
are exempted under Executive Order
12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PO 00000
Frm 00064
Fmt 4700
Sfmt 4700
PRA because this action does not
impose additional requirements beyond
those imposed by state law.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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. This action is not
subject to Executive Order 13045
because it does not impose additional
requirements beyond those imposed by
state law.
E:\FR\FM\16SER1.SGM
16SER1
Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Rules and Regulations
I. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
Dated: August 18, 2020
John Busterud,
Regional Administrator, Region IX.
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
For the reasons stated in the
preamble, the EPA amends part 52,
Chapter I, Title 40 of the Code of
Federal Regulations as follows:
J. National Technology Transfer and
Advancement Act (NTTAA)
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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.
K. Executive Order 12898: Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations
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).
M. 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 16,
2020. 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)).
jbell on DSKJLSW7X2PROD with RULES
List of Subjects in 40 CFR Part 52
Administrative practice and
procedure, Environmental protection,
Air pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur dioxide, Volatile
organic compounds.
16:31 Sep 15, 2020
Jkt 250001
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(508)(i)(A)(6), (7),
(8), (9) and (c)(539) to read as follows:
■
Identification of plan-in part.
*
L. Congressional Review Act (CRA)
VerDate Sep<11>2014
Authority: 42 U.S.C. 7401 et seq.
§ 52.220
The EPA lacks the discretionary
authority to address environmental
justice in this rulemaking.
Authority: 42 U.S.C. 7401 et seq.
1. The authority citation for part 52
continues to read as follows:
■
*
*
*
*
(c) * * *
(508) * * *
(i) * * *
(A) * * *
(6) Previously approved on October 4,
2018 in paragraph (c)(508)(i)(A)(1) of
this section and now deleted with
replacement in (c)(539)(i)(A)(1), Rule
20.1, ‘‘New Source Review—General
Provisions,’’ revision adopted on April
27, 2016.
(7) Previously approved on October 4,
2018 in paragraph (c)(508)(i)(A)(2) of
this section and now deleted with
replacement in (c)(539)(i)(A)(2), Rule
20.2, ‘‘New Source Review—Non-Major
Stationary Sources’’ (except paragraphs
(d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and
(d)(3)), revision adopted on April 27,
2016.
(8) Previously approved on October 4,
2018 in paragraph (c)(508)(i)(A)(3) of
this section and now deleted with
replacement in (c)(539)(i)(A)(3), Rule
20.3, ‘‘New Source Review—Major
Stationary Sources and PSD Stationary
Sources’’ (except paragraphs (d)(1)(vi),
(d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and
(d)(3)), revision adopted on April 27,
2016.
(9) Previously approved on October 4,
2018 in paragraph (c)(508)(i)(A)(4) of
this section and now deleted with
replacement in (c)(539)(i)(A)(4), Rule
20.4, ‘‘New Source Review—Portable
Emission Units’’ (except paragraphs
(b)(2), (b)(3), (d)(1)(iii), (d)(2)(i)(B),
(d)(2)(iv), (d)(2)(v)(B), (d)(3) and (d)(5)),
revision adopted on April 27, 2016.
*
*
*
*
*
(539) The following regulations were
submitted on July 19, 2019 by the
Governor’s designee as an attachment to
a letter dated July 18, 2019.
(i) Incorporation by reference.
PO 00000
Frm 00065
Fmt 4700
Sfmt 4700
57729
(A) San Diego County Air Pollution
Control District.
(1) Rule 20.1 ‘‘New Source Review—
General Provisions,’’ revision adopted
on June 26, 2019.
(2) Rule 20.2 ‘‘New Source Review—
Non-Major Stationary Sources,’’ (except
paragraphs (d)(2)(i)(B), (d)(2)(v),
(d)(2)(vi)(B) and (d)(3)), revision
adopted on June 26, 2019.
(3) Rule 20.3 ‘‘New Source Review—
Major Stationary Sources and PSD
Stationary Sources,’’ (except paragraphs
(d)(1)(vi), (d)(2)(i)(B), (d)(2)(v),
(d)(2)(vi)(B) and (d)(3)), revision
adopted on June 26, 2019.
(4) Rule 20.4 ‘‘New Source Review—
Portable Emission Units,’’ (except
paragraphs (b)(2), (b)(3), (d)(1)(iii),
(d)(2)(i)(B), (d)(2)(iv), (d)(2)(v)(B), (d)(3)
and (d)(5)), revision adopted on June 26,
2019.
(B) [Reserved]
(ii) [Reserved]
*
*
*
*
*
§ 52.248
[Amended]
3. Section 52.248 is amended by
removing and reserving paragraph (e).
■
[FR Doc. 2020–18425 Filed 9–15–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2020–0030; EPA–R05–
OAR–2020–0101; FRL–10011–74–Region 5]
Air Plan Approval; Wisconsin; VOC
RACT for the Wisconsin Portion of the
Chicago-Naperville, Illinois-IndianaWisconsin Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the volatile
organic compounds (VOC) reasonably
available control technology (RACT)
State Implementation Plan (SIP)
revision, submitted by the Wisconsin
Department of Natural Resources
(WDNR or Wisconsin) on January 21,
2020 and February 12, 2020. The Clean
Air Act (CAA) requires states to
implement RACT in ozone
nonattainment areas classified as
moderate (and higher). EPA finds
Wisconsin’s two VOC RACT SIP
submissions to be approvable as
meeting the moderate VOC RACT
requirements of the CAA.
DATES: This final rule is effective
October 16, 2020.
SUMMARY:
E:\FR\FM\16SER1.SGM
16SER1
]]>Agencies
[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Rules and Regulations]
[Pages 57727-57729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18425]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2019-0449; FRL-10013-14-Region 9]
Approval and Limited Approval and Limited Disapproval of
California Air Plan Revisions; San Diego County Air Pollution Control
District; Stationary Source Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action on four permitting rules submitted as a revision to the San
Diego County Air Pollution Control District (SDAPCD or ``District'')
portion of the California State Implementation Plan (SIP). We are
finalizing a limited approval and limited disapproval of one rule and
approval of the remaining three rules. These revisions concern the
District's New Source Review (NSR) permitting program for new and
modified sources of air pollution under section 110(a)(2)(C) and part D
of title I of the Clean Air Act (CAA). This action updates the SDAPCD's
applicable SIP with revised rules that the District has amended to
address deficiencies identified in a previous conditional approval
action.
DATES: This rule is effective on October 16, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2019-0449. 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 for additional availability information.
FOR FURTHER INFORMATION CONTACT: Sheila Tsai, EPA Region IX, Air-3-1,
75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3328 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 and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On May 15, 2020 (85 FR 29377) the EPA proposed to finalize a
limited approval and limited disapproval and full approval of the
following rules into the California SIP.
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Rule No. Rule title Adopted date Submitted date
----------------------------------------------------------------------------------------------------------------
20.1.......................................... New Source Review--General 06/26/2019 07/19/2019
Provisions.
20.2 *........................................ New Source Review--Non-Major 06/26/2019 07/19/2019
Stationary Sources.
20.3 *........................................ New Source Review--Major 06/26/2019 07/19/2019
Stationary Sources and PSD
Stationary Sources.
20.4 *........................................ New Source Review--Portable 06/26/2019 07/19/2019
Emission Units.
----------------------------------------------------------------------------------------------------------------
* The following subsections of the Rules 20.2-20.4 were not submitted to the EPA for inclusion in the San Diego
SIP: Rule 20.2 Subsections (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3); Rule 20.3 Subsections
(d)(1)(vi), (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3); and Rule 20.4 Subsections (b)(2), (b)(3),
(d)(1)(iii), (d)(2)(i)(B), (d)(2)(iv), (d)(2)(v)(B), (d)(3) and (d)(5).
The District submitted these rules to address deficiencies that the
EPA identified in a conditional approval of prior versions of Rules
20.1-20.4 at 83 FR 50007 (October 4, 2018). The 2018 action also
included a conditional approval of Rule 20.6 and a full approval of
Rules 11, 20, and 24. In our May 15, 2020 proposal, we proposed to
approve the submitted rules because we determined that they satisfy the
District's commitment to remedy the deficiencies identified in our
conditional approval of the Rules 20.1-20.4 and Rule 20.6, and
generally comply with most applicable CAA requirements. However, we
also determined that Rule 20.1(a) does not
[[Page 57728]]
satisfy the requirements related to 40 CFR 51.160(a) and (b) and CAA
section 173(a). The District revised Rule 20.1(a) to specify that the
rule applies to a permit application based on the requirements in the
rule as in effect on the date that the application is determined to be
complete. By specifying the rule's applicability based on the date of
application completeness, this language may limit the Air Pollution
Control Officer's ability to ensure a source will comply with
applicable NSR program requirements at the time the permit is issued.
This deficiency is the basis for the EPA's final limited approval and
limited disapproval of Rule 20.1. In order to correct this deficiency,
we recommend that SDAPCD remove or revise the language added in the
revised Rule 20.1(a).
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received one comment, which is included in the
docket for this action. We do not consider this comment to be germane
or relevant to this action and therefore not adverse to this action.
Moreover, the comment lacks the required specificity to the proposed
SIP revision and the relevant CAA requirements, and does not address
any specific regulation or provision in question or recommend a
different action on the SIP submission from what EPA proposed.
Therefore, we are finalizing our action as proposed.
III. EPA Action
No comments were submitted that change our assessment of the rules
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) and 301(a) of the Act, the EPA is finalizing full
approval of Rules 20.2-20.4 and finalizing a limited approval and
limited disapproval of Rule 20.1. This action incorporates the
submitted rules into the California SIP, including those provisions
identified as deficient. Because the submitted rules address the
deficiencies identified in our October 4, 2018 conditional approval,
the EPA is removing from the SIP the conditional approval of Rules
20.1-20.4 and Rule 20.6 at 40 CFR 52.248(e).
This approval is limited because EPA is simultaneously finalizing a
limited disapproval of the rule under section 110(k)(3). Our limited
disapproval action triggers an obligation for the EPA to promulgate a
Federal Implementation Plan (FIP) unless the State corrects the
deficiencies, and the EPA approves the related plan revisions, within
two years of this final action. Additionally, because the deficiency
relates to Nonattainment NSR requirements under part D of title I of
the Act, sanctions will be imposed unless the EPA approves subsequent
SIP revisions that correct the rule deficiencies within 18 months of
the effective date of this action. These sanctions will be imposed
under section 179 of the Act and 40 CFR 52.31. The EPA intends to work
with the SDAPCD to correct the deficiency in a timely manner.
Note that Rule 20.1 has been adopted by the SDAPCD, and the EPA's
final limited disapproval does not prevent the local agency from
enforcing it. The limited disapproval would also not prevent any
portion of the rule from being incorporated by reference into the
federally enforceable SIP as discussed in a July 9, 1992 EPA memo found
at: https://www.epa.gov/sites/production/files/2015-07/documents/procsip.pdf.
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
SDAPCD rules described in Table 1 of this preamble. The EPA has made,
and will continue to make, these materials available through
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).
V. Statutory and Executive Order Reviews
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. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not an Executive Order 13771 regulatory action
because SIP approvals, including limited approvals, are exempted under
Executive Order 12866.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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. This action is not subject to
Executive Order 13045 because it does not impose additional
requirements beyond those imposed by state law.
[[Page 57729]]
I. 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.
J. 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.
K. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA lacks the discretionary authority to address environmental
justice in this rulemaking.
L. 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).
M. 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 16, 2020. 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)).
List of Subjects in 40 CFR Part 52
Administrative practice and procedure, Environmental protection,
Air pollution control, Carbon monoxide, Incorporation by reference,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 18, 2020
John Busterud,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the EPA amends part 52,
Chapter I, Title 40 of the Code of Federal Regulations 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 adding paragraphs (c)(508)(i)(A)(6),
(7), (8), (9) and (c)(539) to read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(508) * * *
(i) * * *
(A) * * *
(6) Previously approved on October 4, 2018 in paragraph
(c)(508)(i)(A)(1) of this section and now deleted with replacement in
(c)(539)(i)(A)(1), Rule 20.1, ``New Source Review--General
Provisions,'' revision adopted on April 27, 2016.
(7) Previously approved on October 4, 2018 in paragraph
(c)(508)(i)(A)(2) of this section and now deleted with replacement in
(c)(539)(i)(A)(2), Rule 20.2, ``New Source Review--Non-Major Stationary
Sources'' (except paragraphs (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and
(d)(3)), revision adopted on April 27, 2016.
(8) Previously approved on October 4, 2018 in paragraph
(c)(508)(i)(A)(3) of this section and now deleted with replacement in
(c)(539)(i)(A)(3), Rule 20.3, ``New Source Review--Major Stationary
Sources and PSD Stationary Sources'' (except paragraphs (d)(1)(vi),
(d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3)), revision adopted on
April 27, 2016.
(9) Previously approved on October 4, 2018 in paragraph
(c)(508)(i)(A)(4) of this section and now deleted with replacement in
(c)(539)(i)(A)(4), Rule 20.4, ``New Source Review--Portable Emission
Units'' (except paragraphs (b)(2), (b)(3), (d)(1)(iii), (d)(2)(i)(B),
(d)(2)(iv), (d)(2)(v)(B), (d)(3) and (d)(5)), revision adopted on April
27, 2016.
* * * * *
(539) The following regulations were submitted on July 19, 2019 by
the Governor's designee as an attachment to a letter dated July 18,
2019.
(i) Incorporation by reference.
(A) San Diego County Air Pollution Control District.
(1) Rule 20.1 ``New Source Review--General Provisions,'' revision
adopted on June 26, 2019.
(2) Rule 20.2 ``New Source Review--Non-Major Stationary Sources,''
(except paragraphs (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3)),
revision adopted on June 26, 2019.
(3) Rule 20.3 ``New Source Review--Major Stationary Sources and PSD
Stationary Sources,'' (except paragraphs (d)(1)(vi), (d)(2)(i)(B),
(d)(2)(v), (d)(2)(vi)(B) and (d)(3)), revision adopted on June 26,
2019.
(4) Rule 20.4 ``New Source Review--Portable Emission Units,''
(except paragraphs (b)(2), (b)(3), (d)(1)(iii), (d)(2)(i)(B),
(d)(2)(iv), (d)(2)(v)(B), (d)(3) and (d)(5)), revision adopted on June
26, 2019.
(B) [Reserved]
(ii) [Reserved]
* * * * *
Sec. 52.248 [Amended]
0
3. Section 52.248 is amended by removing and reserving paragraph (e).
[FR Doc. 2020-18425 Filed 9-15-20; 8:45 am]
BILLING CODE 6560-50-P
