Clean Air Act Operating Permit Program; California; San Diego County Air Pollution Control District, 78908-78910 [2022-27724]
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78908
Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Proposed Rules
TKELLEY on DSK125TN23PROD with PROPOSALS
approve state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this proposed action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where 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 as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
VerDate Sep<11>2014
19:21 Dec 22, 2022
Jkt 259001
Dated: December 16, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022–27866 Filed 12–22–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 70
[EPA–R09–OAR–2022–0623; FRL–10031–
01–R9]
Clean Air Act Operating Permit
Program; California; San Diego County
Air Pollution Control District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing approval of
revisions to the Clean Air Act (CAA or
‘‘Act’’) Operating Permit Program (title
V) of the San Diego County Air
Pollution Control District (SDCAPCD or
‘‘District’’) in California. Once approved
by the EPA, these program revisions
will modify the major source title V
potential to emit (PTE) thresholds to
conform with the recent reclassification
of the San Diego County ozone
nonattainment area to ‘‘Severe’’ for the
2008 and 2015 ozone National Ambient
Air Quality Standards (NAAQS). We are
taking comments on these proposed
revisions and publish our final action
approving these revisions elsewhere in
this issue of the Federal Register in a
direct final rule.
DATES: 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)
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
SUMMARY:
PO 00000
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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.
La
Weeda Ward, Permits Office (Air–3–1),
U.S. Environmental Protection Agency,
Region IX, (213) 244–1812,
ward.laweeda@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA. This
proposal addresses the following local
rule: SDCAPCD Rule 1401, ‘‘Title V
Operating Permits—General
Provisions.’’ In the Final Rules section
of this Federal Register, the EPA is
approving the District’s submissions
and making administrative updates as a
direct final rule without prior proposal
because we view this as a
noncontroversial action and anticipates
no adverse comments. A detailed
rationale for the action is set forth in the
preamble to the direct final rule. If the
EPA receives no adverse comments, the
EPA contemplates no further action. If
the EPA receives adverse comments, the
EPA will withdraw the direct final rule
and will address all public comments in
a subsequent final rule based on this
proposed rule. We do not plan to open
a second comment period on this action,
so anyone interested in commenting
should do so at this time. Please note
that if the EPA receives an adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, the EPA may
adopt as final those provisions of the
rule that are not the subject of an
adverse comment. For additional
information, see the direct final rule of
the same title that is located in the Final
Rules section of this Federal Register.
Table of Contents
I. Background
II. What are the requirements for approval of
revisions to Title V programs?
III. What is the State’s proposed Title V
program revision?
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Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Proposed Rules
requirements into one federally
enforceable document. Before a state
can issue permits under 40 CFR part 70
(which are referred to as ‘‘title V
permits’’), the EPA must approve its
programs as amendments to appendix A
of 40 CFR 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. The regulations at 40
CFR 70.2 and 40 CFR 51.165(a)(1)(iv)(A)
base the definition of ‘‘major stationary
I. 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 title 40 of the Code of Federal
Regulations (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
78909
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
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.
TABLE 1—AIR QUALITY ATTAINMENT STATUS
San Diego County
(NA = Non-attainment/Classification,
A = Attainment,
M = Maintenance,
U = Unclassified)
NAAQS pollutant/standards
Ozone 2008 8-Hour ......................................................................................................................................
Ozone 2015 8-Hour ......................................................................................................................................
Nitrogen dioxide (NO2) .................................................................................................................................
PM2.5 2012 24-Hour ......................................................................................................................................
PM10 1987 24-Hour ......................................................................................................................................
Sulfur dioxide (SO2) 2010 Standards ...........................................................................................................
Carbon monoxide 1971 Standards ...............................................................................................................
Lead (pb) 2008 Standards ............................................................................................................................
The emission thresholds above which
a title V operating permit is required
pursuant to 40 CFR 70.3(a) and 40 CFR
NA, Severe-15.
NA, Severe-15.
A/U.
A/U.
A/U.
A/U.
A/U.
A/U.
51.165(a)(1)(iv)(A)(1) and (2) are shown
in Table 2.
TABLE 2—TITLE V EMISSIONS THRESHOLDS a
VOC or NOX
(tpy)
Non-attainment designation/classification
Marginal .......................................................................................................................................
Moderate ......................................................................................................................................
Serious .........................................................................................................................................
Ozone transport region (other than Severe or Extreme) ............................................................
Severe ..........................................................................................................................................
Extreme ........................................................................................................................................
a 40
PM10
(tpy)
100
100
50
........................
........................
........................
100
100
70
........................
........................
........................
CFR 51.165(a)(1)(iv)(A).
II. What are the requirements for
approval of revisions to Title V
programs?
TKELLEY on DSK125TN23PROD with PROPOSALS
100
100
50
50
25
10
CO
(tpy)
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
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
VerDate Sep<11>2014
19:21 Dec 22, 2022
Jkt 259001
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).
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).
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III. 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
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78910
Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Proposed Rules
(CARB), which is the Governor’s
designee for California rule submittals.2
TABLE 3—SUBMITTED RULES
Rule No.
Rule title
1401 ..................
Title V Operating Permits—General Provisions .......................................................................
a CARB
10/14/2021
Submitted
date a
1/24/2022
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.
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.’’
List of Subjects in 40 CFR Part 70
Authority: 42 U.S.C. 7401 et seq.
BILLING CODE 6560–50–P
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.
3 All references to SDCAPCD Rule 1418 refer to
the current EPA-approved version of this rule. 68
Jkt 259001
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1, 4, 9, 23, and 52
[FAR Case 2021–015, Docket No. FAR–
2021–0015, Sequence No. 1]
RIN 9000–AO32
Federal Acquisition Regulation:
Disclosure of Greenhouse Gas
Emissions and Climate-Related
Financial Risk
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule; extension of
comment period.
DoD, GSA, and NASA issued
a proposed rule on November 14, 2022,
proposing to amend the Federal
Acquisition Regulation (FAR) to
implement a requirement to ensure
certain Federal contractors disclose
their greenhouse gas emissions and
climate-related financial risk and set
science-based targets to reduce their
greenhouse gas emissions. The deadline
for submitting comments is being
extended from January 13, 2023, to
February 13, 2023, to provide additional
time for interested parties to provide
comments on the proposed rule.
DATES: For the proposed rule published
on November 14, 2022, (87 FR 68312),
submit comments by February 13, 2023.
ADDRESSES: Submit comments in
response to FAR Case 2021–015 to the
Federal eRulemaking portal at https://
www.regulations.gov by searching for
‘‘FAR Case 2021–015’’. Select the link
‘‘Comment Now’’ that corresponds with
[FR Doc. 2022–27724 Filed 12–22–22; 8:45 am]
19:21 Dec 22, 2022
GENERAL SERVICES
ADMINISTRATION
SUMMARY:
Dated: December 14, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
VerDate Sep<11>2014
DEPARTMENT OF DEFENSE
AGENCY:
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements.
TKELLEY on DSK125TN23PROD with PROPOSALS
Amended date
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.
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
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Frm 00033
Fmt 4702
Sfmt 4702
‘‘FAR Case 2021–015’’. Follow the
instructions provided on the ‘‘Comment
Now’’ screen. Please include your name,
company name (if any), and ‘‘FAR Case
2021–015’’ on your attached document.
If your comment cannot be submitted
using https://www.regulations.gov, call
or email the points of contact in the FOR
FURTHER INFORMATION CONTACT section of
this document for alternate instructions.
Instructions: Please submit comments
only and cite ‘‘FAR Case 2021–015’’ in
all correspondence related to this case.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided. Public comments
may be submitted as an individual, as
an organization, or anonymously (see
frequently asked questions at https://
www.regulations.gov/faq). To confirm
receipt of your comment(s), please
check https://www.regulations.gov,
approximately two to three days after
submission to verify posting.
FOR FURTHER INFORMATION CONTACT: For
clarification of content contact, Ms.
Jennifer Hawes, Procurement Analyst, at
202–255–9194 or by email at
jennifer.hawes@gsa.gov. For information
pertaining to status, publication
schedules, or alternate instructions for
submitting comments if https://
www.regulations.gov cannot be used,
contact the Regulatory Secretariat
Division at 202–501–4755 or
GSARegSec@gsa.gov. Please cite FAR
Case 2021–015.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published a
proposed rule in the Federal Register at
87 FR 68312, on November 14, 2022.
The comment period is extended to
February 13, 2023, to allow additional
time for interested parties to develop
comments on the rule.
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.
E:\FR\FM\23DEP1.SGM
23DEP1
]]>Agencies
[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Proposed Rules]
[Pages 78908-78910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27724]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[EPA-R09-OAR-2022-0623; FRL-10031-01-R9]
Clean Air Act Operating Permit Program; California; San Diego
County Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of revisions to the Clean Air Act (CAA or ``Act'') Operating
Permit Program (title V) of the San Diego County Air Pollution Control
District (SDCAPCD or ``District'') in California. Once approved by the
EPA, these program revisions will modify the major source title V
potential to emit (PTE) thresholds to conform with the recent
reclassification of the San Diego County ozone nonattainment area to
``Severe'' for the 2008 and 2015 ozone National Ambient Air Quality
Standards (NAAQS). We are taking comments on these proposed revisions
and publish our final action approving these revisions elsewhere in
this issue of the Federal Register in a direct final rule.
DATES: 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) 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. This proposal addresses the following
local rule: SDCAPCD Rule 1401, ``Title V Operating Permits--General
Provisions.'' In the Final Rules section of this Federal Register, the
EPA is approving the District's submissions and making administrative
updates as a direct final rule without prior proposal because we view
this as a noncontroversial action and anticipates no adverse comments.
A detailed rationale for the action is set forth in the preamble to the
direct final rule. If the EPA receives no adverse comments, the EPA
contemplates no further action. If the EPA receives adverse comments,
the EPA will withdraw the direct final rule and will address all public
comments in a subsequent final rule based on this proposed rule. We do
not plan to open a second comment period on this action, so anyone
interested in commenting should do so at this time. Please note that if
the EPA receives an adverse comment on an amendment, paragraph, or
section of this rule and if that provision may be severed from the
remainder of the rule, the EPA may adopt as final those provisions of
the rule that are not the subject of an adverse comment. For additional
information, see the direct final rule of the same title that is
located in the Final Rules section of this Federal Register.
Table of Contents
I. Background
II. What are the requirements for approval of revisions to Title V
programs?
III. What is the State's proposed Title V program revision?
[[Page 78909]]
I. 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 title 40 of the Code of Federal Regulations (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 a state can issue permits under 40 CFR part 70 (which
are referred to as ``title V permits''), the EPA must approve its
programs as amendments to appendix A of 40 CFR 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. The regulations at 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 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.
---------------------------------------------------------------------------
\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
------------------------------------------------------------------------
San Diego County (NA
= Non-attainment/
Classification, A =
NAAQS pollutant/standards Attainment, M =
Maintenance, U =
Unclassified)
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
VOC or NOX PM10 (tpy)
Non-attainment designation/classification (tpy) CO (tpy)
----------------------------------------------------------------------------------------------------------------
Marginal........................................................ 100 100 100
Moderate........................................................ 100 100 100
Serious......................................................... 50 50 70
Ozone transport region (other than Severe or Extreme)........... 50 .............. ..............
Severe.......................................................... 25 .............. ..............
Extreme......................................................... 10 .............. ..............
----------------------------------------------------------------------------------------------------------------
a 40 CFR 51.165(a)(1)(iv)(A).
II. 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).
III. 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
[[Page 78910]]
(CARB), which is the Governor's designee for California rule
submittals.\2\
---------------------------------------------------------------------------
\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
------------------------------------------------------------------------
Submitted date
Rule No. Rule title Amended date \a\
------------------------------------------------------------------------
1401.................. Title V 10/14/2021 1/24/2022
Operating
Permits--Genera
l Provisions.
------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\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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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.
[FR Doc. 2022-27724 Filed 12-22-22; 8:45 am]
BILLING CODE 6560-50-P
