Air Plan Approval; Arizona, California, Nevada; Emissions Statements Requirements, 70996-70999 [2021-27018]
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70996
Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Proposed Rules
40 CFR Part 52
[EPA–R09–OAR–2021–0623; FRL–8997–01–
R9]
Air Plan Approval; Arizona, California,
Nevada; Emissions Statements
Requirements
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions, under the Clean Air Act (CAA
or ‘‘Act’’), to portions of the Arizona,
California, and Nevada State
Implementation Plans (SIPs) regarding
emissions statements (ES) requirements
for the 2015 ozone national ambient air
quality standards (NAAQS). We are also
proposing to approve ES certifications
(‘‘certifications’’) adopted by various
California air districts that existing SIPapproved rules are adequate to meet the
ES requirements for the 2015 ozone
NAAQS. In addition, we are proposing
that the following Arizona, California,
and Nevada nonattainment areas
(NAAs) meet the ES requirements for
the 2015 ozone NAAQS: Phoenix-Mesa,
Yuma, Amador County, Butte County,
Imperial County, Los Angeles-San
Bernardino Counties (West Mojave
Desert), Los Angeles-South Coast Air
Basin, Nevada County (Western part),
Riverside County (Coachella Valley),
Sacramento Metro, San Diego County,
San Francisco Bay Area, San Joaquin
Valley, San Luis Obispo (Eastern part),
Sutter Buttes, Tuolumne County,
Ventura County, and Las Vegas. We are
also proposing to approve that two
NAAs meet requirements for prior
ozone NAAQS. Finally, we are
proposing that Maricopa County Air
Quality District (MCAQD) Rule 100,
section 503, which we proposed for
approval into the SIP on February 23,
2021, meets the ES requirements for the
2015 ozone NAAQS. We are taking
comments on this proposal and plan to
follow with a final action.
DATES: Comments must be received on
or before January 13, 2022.
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SUMMARY:
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Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2021–0623 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)
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.
ADDRESSES:
ENVIRONMENTAL PROTECTION
AGENCY
FOR FURTHER INFORMATION CONTACT:
Nancy Levin, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3848 or by
email at Levin.Nancy@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. The State’s Submittal
A. What rules or certifications did the
states submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted
rules or certifications?
II. The EPA’s Evaluation and Action
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A. How is the EPA evaluating the rules and
certifications?
B. Do the rules and certifications meet the
evaluation criteria?
C. The EPA’s Recommendations To Further
Improve the Rules or Certifications
D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What rules or certifications did the
states submit?
The Arizona Department of
Environmental Quality (ADEQ)
submitted rules for the Arizona
Administrative Code (AAC) and Pinal
County Air Quality Control District
(AQCD) portions of the SIP. The
California Air Resources Board
submitted rules or certifications for the
the Amador Air District (AAD), Butte
County Air Quality Management District
(AQMD), El Dorado County AQMD,
Feather River AQMD, Imperial County
Air Pollution Control District (APCD),
Placer County APCD, San Luis Obispo
County APCD, and Tuolumne County
APCD portions of the California SIP.
The Nevada Division of Environmental
Protection submitted a rule for the Clark
County Department of Air Quality
(CCDAQ) portion of the Nevada SIP.
Table 1 lists the rules submitted for
approval into the SIP with the dates that
the rules were adopted or revised by the
local or state air agencies and submitted
by the states to fulfill CAA section
182(a)(3)(B) Emissions Statements
(‘‘section 182(a)(3)(B)’’) requirements.
Table 2 lists ES certifications with the
dates the certifications were adopted by
the local air agencies and submitted by
the State of California to meet section
182(a)(3)(B) requirements.1 Tables 1 and
2 also list the dates that the EPA
determined that the submittals met the
completeness criteria in 40 Code of
Federal Regulations (CFR) Part 51
Appendix V or were deemed by
operation of law to meet the
completeness criteria in 40 CFR part 51
Appendix V (‘‘complete by operation of
law’’ or COL), which must be met before
formal EPA review.
1 Neither Arizona nor Nevada submitted
emissions certifications for the 2015 ozone NAAQS.
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Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Proposed Rules
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TABLE 1—SUBMITTED RULES
Adopted/
revised
Agency
Rule No.
Rule title
ADEQ ...................................................
AAC R18–2–327 ...............
Pinal County AQCD .............................
Rule 3–1–103 ...................
Amador Air District ..............................
Butte County AQMD ............................
El Dorado County AQMD ....................
El Dorado County AQMD ....................
Feather River AQMD ...........................
Imperial County APCD ........................
Placer County APCD ...........................
San Luis Obispo County AQMD .........
Tuolumne County APCD .....................
CCDAQ ................................................
Rule 428 ...........................
Rule 434 ...........................
Rule 1000 .........................
Rule 1001.1 ......................
Rule 4.8 ............................
Rule 116 ...........................
Rule 503 ...........................
Rule 222 ...........................
Rule 428 ...........................
Section 12.9.1 ...................
Annual Emissions Inventory Questionnaire and Emissions Statement.
Annual emissions inventory questionnaire and emissions statement.
Emissions Statements .........................
Emissions Statements .........................
Emission Statement .............................
Emission Statement Waiver ................
Further Information ..............................
Emissions Statement and Certification
Emission Statement .............................
Federal Emission Statement ...............
Emissions Statements .........................
Annual Emissions Statement a ............
Submitted
Deemed
complete
12/4/2020
12/22/2020
COL, 6/22/2020.
7/1/2020
7/21/2020
COL, 1/21/2021.
3/16/2021
6/25/2020
8/25/2020
8/25/2020
8/3/2020
11/3/2020
10/8/2020
6/24/2020
7/21/2020
8/18/2020
6/10/2021
7/27/2020
9/22/2020
9/22/2020
12/15/2020
2/19/2021
12/15/2020
7/27/2020
8/3/2020
10/15/2020
Letter, 9/25/2021.
COL, 1/27/2021.
COL, 3/22/2021.
COL, 3/22/2021.
COL, 6/15/2021.
COL, 8/19/2021.
COL, 6/15/2021.
COL, 1/27/2021.
COL, 2/3/2021.
COL, 4/15/2021.
a NDEP submitted Section 12.9 ‘‘Annual Emissions Statement and Inventory Requirements,’’ which includes 12.9.1 ‘‘Annual Emissions Statement’’ and 12.9.2 ‘‘Annual Emissions Inventory.’’ However, we are only acting on subsection 12.9.1 in this notice.
TABLE 2—SUBMITTED EMISSIONS STATEMENTS CERTIFICATIONS
[2015 ozone NAAQS] 2
Local agency
Existing SIP approved rule
No.
Rule title
Antelope Valley AQMD .........
Rule 107 (2012); 78 FR
21545 (April 11, 2013).
Rule 107 (1992); 69 FR
29880 (May 26, 2004).
Rule 513 (2016); 82 FR
28240 (June 21, 2017).
Rule 105 (1996) 73 FR
32240 (June 6, 2008).
Rule 19.3 (1996); 65 FR
12472 (March 9, 2000).
Reg 2–Permits 2–1–429
(2004); 83 FR 23372 (May
21, 2018).
Rule 1160 (1992); 84 FR
3302 (February 12, 2019).
Rule 301 (2019); 84 FR
52005 (October 1, 2019).
Certification of Submissions
and Emission Statements.
Certification and Emission
Statements.
Emissions Statements and
Recordkeeping.
Emission Statement .............
Mojave Desert AQMD ..........
Northern Sierra AQMD .........
Sacramento Metropolitan
AQMD.
San Diego County APCD .....
San Francisco Bay Area
AQMD.
San Joaquin Valley APCD ...
South Coast AQMD a ............
Ventura County APCD .........
Yolo-Solano AQMD ..............
Rule 24 (1992); 65 FR
76567 (December 7,
2000).
Rule 3.18 (1992); 69 FR
29880 (May 26, 2004).
Adopted
Submitted
Deemed
complete
7/21/2020
8/3/2020
COL, 2/3/2021.
10/28/2019
12/20/2019
1/25/2021
3/23/2021
7/23/2020
8/3/2020
COL, 6/20/
2020.
COL, 9/23/
2021.
COL, 2/3/2021.
10/14/2020
1/12/2021
Federal Emissions Statement.
7/15/2020
8/3/2020
COL, 7/12/
2021.
COL, 2/3/2021.
Emission Statements (1992)
6/18/2020
8/3/2020
COL, 2/3/2021.
Permitting and Associated
Fees (paragraphs (e)(1),
except (e)(1)(C), (e)(2),
(5), and (8) only).
Source Recordkeeping, Reporting and Emission
Statements.
Emission Statements ...........
6/5/2020
8/3/2020
COL, 2/3/2021.
7/14/2020
7/29/2020
COL, 1/29/
2021.
9/9/2020
11/2/2020
COL, 5/2/2021.
Emission Information ...........
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2 All certifications in this table were submitted by the State of California. The ‘‘Adopted’’ and ‘‘Submitted’’ and ‘‘Deemed Complete’’ dates listed
in Table 2 refer to those of the certifications.
a South Coast AQMD has jurisdiction over Riverside (Coachella), and Rule 301 applies to both the South Coast Air Basin and the Riverside
(Coachella) nonattainment areas.
In addition to the certifications for the
2015 ozone NAAQS, the San Francsico
Bay Area is certifying that Reg 2–
Permits 2–1–429 meets section
182(a)(3)(B) requirements for the 1997
and 2008 ozone NAAQS, and the San
Diego County APCD is certifying that
Rule 19.3 meets section 182(a)(3)(B)
requirements for the 2008 ozone
NAAQS.
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B. Are there other versions of these
rules?
There are no previous versions of El
Dorado County AQMD Rule 1000.1,
Amador Air District Rule 428,
Tuolumne County APCD Rule 428, or
CCDAQ Regulations section 12.9 in the
SIP. Table 3 lists versions of rules that
we previously approved into the SIP. If
we take final action to approve the
submitted versions of these rules, they
will replace the existing SIP-approved
versions.
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We approved an earlier version of
MCAQD Rule 100, section 503 into the
SIP on April 5, 2019 (84 FR 13543). On
February 23, 2021 (86 FR 10903), the
EPA proposed approval on revised Rule
100, section 503, which, if finalized,
will replace the previously approved
version of this rule in the SIP. In this
action, we are proposing that MCAQD
Rule 100, section 503, if finalized as
proposed for approval into the SIP, will
fulfill the 2015 ozone NAAQS
requirement for emissions statements.
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TABLE 3—EXISTING SIP-APPROVED RULES
State
Local agency
Rule
AZ ...........
ADEQ .............................
AZ ...........
Pinal County Air Quality
Control District
(PCAQCD).
Butte County AQMD .......
El Dorado County AQMD
Feather River AQMD ......
Imperial County APCD ...
R18–2–327 Annual Emissions Inventory Questionnaire and Emissions Statement (1995).
Rule 3–1–103 Annual emissions inventory questionnaire (1995).
CA
CA
CA
CA
..........
..........
..........
..........
CA ..........
CA ..........
Placer County APCD ......
San Luis Obispo County
AQMD.
Rule 434 Emissions Statements (2013) ..................
Rule 1000 Emission Statement ...............................
Rule 4.8 Further Information (1992) ........................
Rule 116 Emissions Statement and Certification
(2010).
Rule 503 Emission Statement (2010) .....................
Rule 222 Federal Emission Statement (2014) ........
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C. What is the purpose of the submitted
rules or certifications?
Under the CAA, a SIP must require
stationary sources in ozone NAAs
classified as ‘‘Marginal’’ or above to
report annual emissions of NOX and
VOC. See CAA section 182(a)(3)(B).
Whenever the EPA promulgates a new
ozone NAAQS, the state must submit a
new or amended rule to ensure that the
section 182(a)(3)(B) requirements are
met.
Section 182(a)(3)(B)(i) requires states
to submit a SIP revision that requires
that owners or operators of stationary
sources provide the state with a
statement of actual emissions of VOC
and NOX at least annually, containing a
certification that the information is
accurate.3
In lieu of submitting a new or
amended rule, the state may submit for
SIP approval a certification that the
existing SIP-approved rule satisfies the
emissions statement requirements of
CAA section 182(a)(3)(B) for the
relevant ozone NAAQS. Specifically,
the preamble of the EPA’s
‘‘Implementation of the 2015 National
Ambient Air Quality Standards for
Ozone: Nonattainment Area State
Implementation Plan Requirements’’
states that ‘‘[W]here an air agency
determines that an existing regulation is
adequate to meet applicable
nonattainment area planning
requirements of CAA section 182 . . .
for a revised ozone NAAQS, that air
agency’s SIP revision may provide a
written statement certifying that
determination in lieu of submitting new
3 Section 182(a)(3)(B)(ii) ‘‘The State may waive
the application of clause (i) to any class or category
of stationary sources which emit less than 25 tons
per year of volatile organic compounds or oxides of
nitrogen if the State, in its submissions under
subparagraphs (1) or (3)(A), provides an inventory
of emissions from such class or category of sources,
based on the use of the emission factors established
by the Administrator or other methods acceptable
to the Administrator.’’
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77 FR 66405 (November 5, 2012).
61 FR 15717 (April 9, 1996).
80
69
69
77
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rules
and certifications?
Rules in the SIP must be enforceable
(see CAA section 110(a)(2)), must not
interfere with applicable requirements
concerning attainment and reasonable
further progress or other CAA
requirements (see CAA section 110(l)),
and must not modify certain SIP control
requirements in nonattainment areas
without ensuring equivalent or greater
emissions reductions (see CAA section
193). Areas classified as Marginal
nonattainment or higher are subject to
the requirements of CAA section
182(a)(3)(B). Guidance and policy
documents that we used to evaluate
enforceability, revision/relaxation, and
CAA requirements for the applicable
criteria pollutants include the following:
1. ‘‘Implementation of the 2015 National
Ambient Air Quality Standards for Ozone:
Nonattainment Area State Implementation
Plan Requirements,’’ 83 FR 62998 (December
6, 2018).
2. ‘‘(Draft) Guidance on the
Implementation of an Emission Statement
Program,’’ EPA, July 1992.
3. ‘‘State Implementation Plans; General
Preamble for the Implementation of Title I of
the Clean Air Act Amendments of 1990,’’ 57
FR 13498 (April 16, 1992); 57 FR 18070
(April 28, 1992).
4. ‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and Deviations,’’
EPA, May 25, 1988 (the Bluebook, revised
January 11, 1990).
5. ‘‘Guidance Document for Correcting
Common VOC & Other Rule Deficiencies,’’
EPA Region 9, August 21, 2001 (the Little
Bluebook).
4 ‘‘Implementation of the 2015 National Ambient
Air Quality Standards for Ozone: Nonattainment
Area State Implementation Plan Requirements,’’ 83
FR 62998 (December 6, 2018).
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33195
29880
29880
72968
(June 11, 2015).
(May 26, 2004).
(May 26, 2004).
(December 7, 2012).
77 FR 72968 (December 7, 2012).
80 FR 33195 (June 11, 2015).
revised regulations.’’ 4 The EPA’s
technical support document (TSD),
which is in the docket for this
rulemaking, has more information about
these rules and certifications.
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B. Do the rules and certifications meet
the evaluation criteria?
These rules and certifications meet
CAA requirements and are consistent
with relevant guidance regarding
enforceability, SIP revisions, and
emissions statement requirements. The
TSD has more information on our
evaluation.
C. The EPA’s Recommendations To
Further Improve the Rules or
Certifications
The TSD includes recommendations
for the next time local agencies modify
the rules or submit certifications.
D. Public Comment and Proposed
Action
As authorized in section 110(k)(3) of
the Act, the EPA proposes to fully
approve the submitted rules and
certifications because they fulfill all
relevant requirements. We are also
proposing that the following 2015 ozone
nonattainment areas have met CAA
section 182(a)(3)(B) requirements:
Phoenix-Mesa, AZ; Yuma, AZ; Amador
County, CA; Butte County, CA; Imperial
County, CA; Los Angeles-San
Bernardino Counties, CA (West Mojave
Desert); Los Angeles-South Coast Air
Basin, CA; Nevada County (Western
part), CA; Riverside County (Coachella
Valley) CA; Sacramento Metro, CA; San
Diego County, CA; San Francisco Bay
Area, CA; San Joaquin Valley, CA; San
Luis Obispo (Eastern part), CA; Sutter
Buttes, CA; Tuolumne, County, CA;
Ventura County, CA; and Las Vegas, NV.
We are also proposing to approve that
the San Francisco Bay Area NAA meets
the emissions statements requirements
for the 1997 and 2008 ozone NAAQS,
and the San Diego County NAA meets
these requirements for the 2008 ozone
NAAQS. Finally, we are proposing that
MCAQD Rule 100, section 503,
proposed for approval in a separate
action on February 23, 2021, meets the
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emissions statements requirements for
the 2015 ozone NAAQS. We will accept
comments from the public on this
proposal until January 13, 2022. If we
take final action to approve the
submitted rules, our final action will
incorporate these rules into the federally
enforceable SIP.
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III. 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 rules described in Table 1 of this
preamble. The EPA has made, and will
continue to make, these materials
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).
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, 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
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safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 7, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021–27018 Filed 12–13–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–HQ–OAR–2021–0566; FRL–9090–01–
OAR]
Notice of Opportunity To Comment on
Proposed Denial of Petitions for Small
Refinery Exemptions
Environmental Protection
Agency (EPA).
ACTION: Proposed denial of petitions.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to deny all
undecided/pending small refinery
exemption petitions under the
Renewable Fuel Standard program
currently before the agency. EPA is
SUMMARY:
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70999
providing an opportunity for the public
to comment on our proposed denial of
these petitions.
DATES: Comments must be received on
or before February 7, 2022.
ADDRESSES: Comments. You may send
your comments, identified by Docket ID
No. EPA–HQ–OAR–2021–0566, by any
of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov (our preferred
method) Follow the online instructions
for submitting comments.
• Email: a-and-r-Docket@epa.gov.
Include Docket ID No. EPA–HQ–OAR–
2021–0566 in the subject line of the
message.
• Mail: U.S. Environmental
Protection Agency, EPA Docket Center,
Air Docket, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington,
DC 20460.
• Hand Delivery or Courier (by
scheduled appointment only): EPA
Docket Center, WJC West Building,
Room 3334, 1301 Constitution Avenue
NW, Washington, DC 20004. The Docket
Center’s hours of operations are 8:30
a.m.–4:30 p.m., Monday–Friday (except
Federal Holidays).
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received may be
posted without change to https://
www.regulations.gov, including any
personal information provided. 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.
Out of an abundance of caution for
members of the public and our staff, the
EPA Docket Center and Reading Room
are closed to the public, with limited
exceptions, to reduce the risk of
transmitting COVID–19. Our Docket
Center staff will continue to provide
remote customer service via email,
phone, and webform. We encourage the
public to submit comments via https://
www.regulations.gov or email, as there
may be a delay in processing mail and
faxes. Hand deliveries and couriers may
be received by scheduled appointment
only. For further information on EPA
Docket Center services and the current
status, please visit us online at https://
www.epa.gov/dockets.
EPA continues to carefully and
continuously monitor information from
the Centers for Disease Control and
Prevention (CDC), local area health
departments, and our Federal partners
so that we can respond rapidly as
conditions change regarding COVID–19.
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]]>Agencies
[Federal Register Volume 86, Number 237 (Tuesday, December 14, 2021)]
[Proposed Rules]
[Pages 70996-70999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27018]
[[Page 70996]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0623; FRL-8997-01-R9]
Air Plan Approval; Arizona, California, Nevada; Emissions
Statements Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions, under the Clean Air Act (CAA or ``Act''), to
portions of the Arizona, California, and Nevada State Implementation
Plans (SIPs) regarding emissions statements (ES) requirements for the
2015 ozone national ambient air quality standards (NAAQS). We are also
proposing to approve ES certifications (``certifications'') adopted by
various California air districts that existing SIP-approved rules are
adequate to meet the ES requirements for the 2015 ozone NAAQS. In
addition, we are proposing that the following Arizona, California, and
Nevada nonattainment areas (NAAs) meet the ES requirements for the 2015
ozone NAAQS: Phoenix-Mesa, Yuma, Amador County, Butte County, Imperial
County, Los Angeles-San Bernardino Counties (West Mojave Desert), Los
Angeles-South Coast Air Basin, Nevada County (Western part), Riverside
County (Coachella Valley), Sacramento Metro, San Diego County, San
Francisco Bay Area, San Joaquin Valley, San Luis Obispo (Eastern part),
Sutter Buttes, Tuolumne County, Ventura County, and Las Vegas. We are
also proposing to approve that two NAAs meet requirements for prior
ozone NAAQS. Finally, we are proposing that Maricopa County Air Quality
District (MCAQD) Rule 100, section 503, which we proposed for approval
into the SIP on February 23, 2021, meets the ES requirements for the
2015 ozone NAAQS. We are taking comments on this proposal and plan to
follow with a final action.
DATES: Comments must be received on or before January 13, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2021-0623 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) 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: Nancy Levin, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3848 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. The State's Submittal
A. What rules or certifications did the states submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted rules or certifications?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules and certifications?
B. Do the rules and certifications meet the evaluation criteria?
C. The EPA's Recommendations To Further Improve the Rules or
Certifications
D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rules or certifications did the states submit?
The Arizona Department of Environmental Quality (ADEQ) submitted
rules for the Arizona Administrative Code (AAC) and Pinal County Air
Quality Control District (AQCD) portions of the SIP. The California Air
Resources Board submitted rules or certifications for the the Amador
Air District (AAD), Butte County Air Quality Management District
(AQMD), El Dorado County AQMD, Feather River AQMD, Imperial County Air
Pollution Control District (APCD), Placer County APCD, San Luis Obispo
County APCD, and Tuolumne County APCD portions of the California SIP.
The Nevada Division of Environmental Protection submitted a rule for
the Clark County Department of Air Quality (CCDAQ) portion of the
Nevada SIP.
Table 1 lists the rules submitted for approval into the SIP with
the dates that the rules were adopted or revised by the local or state
air agencies and submitted by the states to fulfill CAA section
182(a)(3)(B) Emissions Statements (``section 182(a)(3)(B)'')
requirements. Table 2 lists ES certifications with the dates the
certifications were adopted by the local air agencies and submitted by
the State of California to meet section 182(a)(3)(B) requirements.\1\
Tables 1 and 2 also list the dates that the EPA determined that the
submittals met the completeness criteria in 40 Code of Federal
Regulations (CFR) Part 51 Appendix V or were deemed by operation of law
to meet the completeness criteria in 40 CFR part 51 Appendix V
(``complete by operation of law'' or COL), which must be met before
formal EPA review.
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\1\ Neither Arizona nor Nevada submitted emissions
certifications for the 2015 ozone NAAQS.
[[Page 70997]]
Table 1--Submitted Rules
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Adopted/
Agency Rule No. Rule title revised Submitted Deemed complete
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ADEQ......................... AAC R18-2-327.. Annual 12/4/2020 12/22/2020 COL, 6/22/2020.
Emissions
Inventory
Questionnaire
and Emissions
Statement.
Pinal County AQCD............ Rule 3-1-103... Annual 7/1/2020 7/21/2020 COL, 1/21/2021.
emissions
inventory
questionnaire
and emissions
statement.
Amador Air District.......... Rule 428....... Emissions 3/16/2021 6/10/2021 Letter, 9/25/
Statements. 2021.
Butte County AQMD............ Rule 434....... Emissions 6/25/2020 7/27/2020 COL, 1/27/2021.
Statements.
El Dorado County AQMD........ Rule 1000...... Emission 8/25/2020 9/22/2020 COL, 3/22/2021.
Statement.
El Dorado County AQMD........ Rule 1001.1.... Emission 8/25/2020 9/22/2020 COL, 3/22/2021.
Statement
Waiver.
Feather River AQMD........... Rule 4.8....... Further 8/3/2020 12/15/2020 COL, 6/15/2021.
Information.
Imperial County APCD......... Rule 116....... Emissions 11/3/2020 2/19/2021 COL, 8/19/2021.
Statement and
Certification.
Placer County APCD........... Rule 503....... Emission 10/8/2020 12/15/2020 COL, 6/15/2021.
Statement.
San Luis Obispo County AQMD.. Rule 222....... Federal 6/24/2020 7/27/2020 COL, 1/27/2021.
Emission
Statement.
Tuolumne County APCD......... Rule 428....... Emissions 7/21/2020 8/3/2020 COL, 2/3/2021.
Statements.
CCDAQ........................ Section 12.9.1. Annual 8/18/2020 10/15/2020 COL, 4/15/2021.
Emissions
Statement \a\.
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\a\ NDEP submitted Section 12.9 ``Annual Emissions Statement and Inventory Requirements,'' which includes 12.9.1
``Annual Emissions Statement'' and 12.9.2 ``Annual Emissions Inventory.'' However, we are only acting on
subsection 12.9.1 in this notice.
Table 2--Submitted Emissions Statements Certifications
[2015 ozone NAAQS] \2\
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Existing SIP
Local agency approved rule Rule title Adopted Submitted Deemed
No. complete
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Antelope Valley AQMD......... Rule 107 Certification 7/21/2020 8/3/2020 COL, 2/3/2021.
(2012); 78 FR of Submissions
21545 (April and Emission
11, 2013). Statements.
Mojave Desert AQMD........... Rule 107 Certification 10/28/2019 12/20/2019 COL, 6/20/2020.
(1992); 69 FR and Emission
29880 (May 26, Statements.
2004).
Northern Sierra AQMD......... Rule 513 Emissions 1/25/2021 3/23/2021 COL, 9/23/2021.
(2016); 82 FR Statements and
28240 (June Recordkeeping.
21, 2017).
Sacramento Metropolitan AQMD. Rule 105 (1996) Emission 7/23/2020 8/3/2020 COL, 2/3/2021.
73 FR 32240 Statement.
(June 6, 2008).
San Diego County APCD........ Rule 19.3 Emission 10/14/2020 1/12/2021 COL, 7/12/2021.
(1996); 65 FR Information.
12472 (March
9, 2000).
San Francisco Bay Area AQMD.. Reg 2-Permits 2- Federal 7/15/2020 8/3/2020 COL, 2/3/2021.
1-429 (2004); Emissions
83 FR 23372 Statement.
(May 21, 2018).
San Joaquin Valley APCD...... Rule 1160 Emission 6/18/2020 8/3/2020 COL, 2/3/2021.
(1992); 84 FR Statements
3302 (February (1992).
12, 2019).
South Coast AQMD \a\......... Rule 301 Permitting and 6/5/2020 8/3/2020 COL, 2/3/2021.
(2019); 84 FR Associated
52005 (October Fees
1, 2019). (paragraphs
(e)(1), except
(e)(1)(C),
(e)(2), (5),
and (8) only).
Ventura County APCD.......... Rule 24 (1992); Source 7/14/2020 7/29/2020 COL, 1/29/2021.
65 FR 76567 Recordkeeping,
(December 7, Reporting and
2000). Emission
Statements.
Yolo-Solano AQMD............. Rule 3.18 Emission 9/9/2020 11/2/2020 COL, 5/2/2021.
(1992); 69 FR Statements.
29880 (May 26,
2004).
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\2\ All certifications in this table were submitted by the State of California. The ``Adopted'' and
``Submitted'' and ``Deemed Complete'' dates listed in Table 2 refer to those of the certifications.
\a\ South Coast AQMD has jurisdiction over Riverside (Coachella), and Rule 301 applies to both the South Coast
Air Basin and the Riverside (Coachella) nonattainment areas.
In addition to the certifications for the 2015 ozone NAAQS, the San
Francsico Bay Area is certifying that Reg 2-Permits 2-1-429 meets
section 182(a)(3)(B) requirements for the 1997 and 2008 ozone NAAQS,
and the San Diego County APCD is certifying that Rule 19.3 meets
section 182(a)(3)(B) requirements for the 2008 ozone NAAQS.
B. Are there other versions of these rules?
There are no previous versions of El Dorado County AQMD Rule
1000.1, Amador Air District Rule 428, Tuolumne County APCD Rule 428, or
CCDAQ Regulations section 12.9 in the SIP. Table 3 lists versions of
rules that we previously approved into the SIP. If we take final action
to approve the submitted versions of these rules, they will replace the
existing SIP-approved versions.
We approved an earlier version of MCAQD Rule 100, section 503 into
the SIP on April 5, 2019 (84 FR 13543). On February 23, 2021 (86 FR
10903), the EPA proposed approval on revised Rule 100, section 503,
which, if finalized, will replace the previously approved version of
this rule in the SIP. In this action, we are proposing that MCAQD Rule
100, section 503, if finalized as proposed for approval into the SIP,
will fulfill the 2015 ozone NAAQS requirement for emissions statements.
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Table 3--Existing Sip-Approved Rules
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State Local agency Rule Final approval
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AZ............. ADEQ............. R18-2-327 Annual 77 FR 66405
Emissions (November 5,
Inventory 2012).
Questionnaire
and Emissions
Statement (1995).
AZ............. Pinal County Air Rule 3-1-103 61 FR 15717
Quality Control Annual emissions (April 9, 1996).
District inventory
(PCAQCD). questionnaire
(1995).
CA............. Butte County AQMD Rule 434 80 FR 33195 (June
Emissions 11, 2015).
Statements
(2013).
CA............. El Dorado County Rule 1000 69 FR 29880 (May
AQMD. Emission 26, 2004).
Statement.
CA............. Feather River Rule 4.8 Further 69 FR 29880 (May
AQMD. Information 26, 2004).
(1992).
CA............. Imperial County Rule 116 77 FR 72968
APCD. Emissions (December 7,
Statement and 2012).
Certification
(2010).
CA............. Placer County Rule 503 Emission 77 FR 72968
APCD. Statement (2010). (December 7,
2012).
CA............. San Luis Obispo Rule 222 Federal 80 FR 33195 (June
County AQMD. Emission 11, 2015).
Statement (2014).
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C. What is the purpose of the submitted rules or certifications?
Under the CAA, a SIP must require stationary sources in ozone NAAs
classified as ``Marginal'' or above to report annual emissions of
NOX and VOC. See CAA section 182(a)(3)(B). Whenever the EPA
promulgates a new ozone NAAQS, the state must submit a new or amended
rule to ensure that the section 182(a)(3)(B) requirements are met.
Section 182(a)(3)(B)(i) requires states to submit a SIP revision
that requires that owners or operators of stationary sources provide
the state with a statement of actual emissions of VOC and
NOX at least annually, containing a certification that the
information is accurate.\3\
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\3\ Section 182(a)(3)(B)(ii) ``The State may waive the
application of clause (i) to any class or category of stationary
sources which emit less than 25 tons per year of volatile organic
compounds or oxides of nitrogen if the State, in its submissions
under subparagraphs (1) or (3)(A), provides an inventory of
emissions from such class or category of sources, based on the use
of the emission factors established by the Administrator or other
methods acceptable to the Administrator.''
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In lieu of submitting a new or amended rule, the state may submit
for SIP approval a certification that the existing SIP-approved rule
satisfies the emissions statement requirements of CAA section
182(a)(3)(B) for the relevant ozone NAAQS. Specifically, the preamble
of the EPA's ``Implementation of the 2015 National Ambient Air Quality
Standards for Ozone: Nonattainment Area State Implementation Plan
Requirements'' states that ``[W]here an air agency determines that an
existing regulation is adequate to meet applicable nonattainment area
planning requirements of CAA section 182 . . . for a revised ozone
NAAQS, that air agency's SIP revision may provide a written statement
certifying that determination in lieu of submitting new revised
regulations.'' \4\ The EPA's technical support document (TSD), which is
in the docket for this rulemaking, has more information about these
rules and certifications.
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\4\ ``Implementation of the 2015 National Ambient Air Quality
Standards for Ozone: Nonattainment Area State Implementation Plan
Requirements,'' 83 FR 62998 (December 6, 2018).
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II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules and certifications?
Rules in the SIP must be enforceable (see CAA section 110(a)(2)),
must not interfere with applicable requirements concerning attainment
and reasonable further progress or other CAA requirements (see CAA
section 110(l)), and must not modify certain SIP control requirements
in nonattainment areas without ensuring equivalent or greater emissions
reductions (see CAA section 193). Areas classified as Marginal
nonattainment or higher are subject to the requirements of CAA section
182(a)(3)(B). Guidance and policy documents that we used to evaluate
enforceability, revision/relaxation, and CAA requirements for the
applicable criteria pollutants include the following:
1. ``Implementation of the 2015 National Ambient Air Quality
Standards for Ozone: Nonattainment Area State Implementation Plan
Requirements,'' 83 FR 62998 (December 6, 2018).
2. ``(Draft) Guidance on the Implementation of an Emission
Statement Program,'' EPA, July 1992.
3. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
4. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies,
and Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January
11, 1990).
5. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
B. Do the rules and certifications meet the evaluation criteria?
These rules and certifications meet CAA requirements and are
consistent with relevant guidance regarding enforceability, SIP
revisions, and emissions statement requirements. The TSD has more
information on our evaluation.
C. The EPA's Recommendations To Further Improve the Rules or
Certifications
The TSD includes recommendations for the next time local agencies
modify the rules or submit certifications.
D. Public Comment and Proposed Action
As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted rules and certifications because they
fulfill all relevant requirements. We are also proposing that the
following 2015 ozone nonattainment areas have met CAA section
182(a)(3)(B) requirements: Phoenix-Mesa, AZ; Yuma, AZ; Amador County,
CA; Butte County, CA; Imperial County, CA; Los Angeles-San Bernardino
Counties, CA (West Mojave Desert); Los Angeles-South Coast Air Basin,
CA; Nevada County (Western part), CA; Riverside County (Coachella
Valley) CA; Sacramento Metro, CA; San Diego County, CA; San Francisco
Bay Area, CA; San Joaquin Valley, CA; San Luis Obispo (Eastern part),
CA; Sutter Buttes, CA; Tuolumne, County, CA; Ventura County, CA; and
Las Vegas, NV. We are also proposing to approve that the San Francisco
Bay Area NAA meets the emissions statements requirements for the 1997
and 2008 ozone NAAQS, and the San Diego County NAA meets these
requirements for the 2008 ozone NAAQS. Finally, we are proposing that
MCAQD Rule 100, section 503, proposed for approval in a separate action
on February 23, 2021, meets the
[[Page 70999]]
emissions statements requirements for the 2015 ozone NAAQS. We will
accept comments from the public on this proposal until January 13,
2022. If we take final action to approve the submitted rules, our final
action will incorporate these rules into the federally enforceable SIP.
III. 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 rules described in Table 1 of this preamble. The EPA has
made, and will continue to make, these materials 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).
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, 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 Clean Air Act; and
Does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 7, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-27018 Filed 12-13-21; 8:45 am]
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