Clean Air Act Operating Permit Program; California; San Diego County Air Pollution Control District, 78871-78874 [2022-27725]
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Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Rules and Regulations
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
G. Protest Activities
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect 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. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting approximately one hour
that will prohibit entry within 150 yards
of the launching site at Sea Otter Point,
located near the entrance of the Small
Boat Harbor in Port of Valdez, AK. It is
categorically excluded from further
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The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T17–0217 to read as
follows:
■
§ 165.T17–0217 Safety Zone; Fireworks
Display, Sea Otter Point, Port of Valdez, AK.
(a) Location. The following area is a
safety zone: All navigable waters, from
the surface to the seabed, of Port Valdez
within a 150-yard radius from a position
of 61°07′22″ N and 146°21′13″ W. This
includes the entrance to the Port Valdez
small boat harbor.
(b) Definitions. The following
definition applies to this section:
‘‘Designated representative’’ means any
commissioned, warrant, and petty
officer of the Coast Guard on board
Coast Guard, Coast Guard Auxiliary,
and local, state, and federal law
enforcement vessels who have been
authorized to act on the behalf of the
Captain of the Port Prince William
Sound.
(c) Regulations. (1) Under the general
regulations contained in subpart C of
this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Prince William
Sound or his designated representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the Coast Guard Captain of
the Port Prince William Sound or his
designated representative.
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78871
(3) Upon being hailed by a U.S. Coast
Guard vessel or designated
representative by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed.
(4) Persons desiring to enter the safety
zone may request permission from the
Captain of the Port Prince William
Sound via VHF Channel 13 or via
telephone at (907) 835–7205.
(5) The Coast Guard will issue a
broadcast notice to mariners to advise
mariners of the temporary safety zone
and on-scene Coast Guard
representatives will provide notice to
mariners during the event.
(d) Enforcement period. This rule will
be enforced from 9:50 p.m. to 10:45 p.m.
on December 31, 2022.
Dated: December 12, 2022.
P.A. Drayer,
Commander, U.S. Coast Guard, Captain of
the Port Prince William Sound.
[FR Doc. 2022–27801 Filed 12–22–22; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 70
[EPA–R09–OAR–2022–0623; FRL–10031–
02–R9]
Clean Air Act Operating Permit
Program; California; San Diego County
Air Pollution Control District
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
With this direct final rule, the
Environmental Protection Agency (EPA)
is promulgating approval of revisions to
the Clean Air Act Operating Permit
Program (title V) of the San Diego
County Air Pollution Control District
(SDCAPCD or District) in California.
The EPA is taking this final action in
accordance with Federal regulations and
the Clean Air Act (CAA or ‘‘Act’’).
DATES: Effective February 21, 2023.
Comments must be received on or
before January 23, 2023.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2022–0623 at https://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
SUMMARY:
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Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Rules and Regulations
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.
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.
Table of Contents
I. Why is the EPA using a direct final rule?
II. Background
III. What are the requirements for approval of
revisions to Title V programs?
IV. What is the State’s proposed Title V
program revision?
V. EPA Evaluation of Title V Program
Revision
VI. Final Action
VII. Statutory and Executive Order Reviews
I. Why is the EPA using a direct final
rule?
The EPA is publishing this final rule
approving the SDCAPCD’s proposed
title V program revisions without prior
proposal because we consider it to be a
noncontroversial action and anticipate
no adverse comments. However,
elsewhere in this issue of the Federal
Register publication, the EPA is
simultaneously publishing a proposal
that will also serve as a public notice of
San Diego’s proposed title V program
revisions pursuant to title 40 of the
Code of Federal Regulations (CFR),
section 70.4(i).
II. Background
The CAA Amendments of 1990
include title V, which requires states to
develop an operating permits program
that meets the Federal criteria codified
in 40 CFR part 70. The title V program
requires certain sources of air pollution
to obtain Federal operating permits from
their respective states. These Federal
operating permits improve enforcement
and compliance by consolidating all
applicable Federal requirements into
one federally enforceable document.
Before states can issue title V permits,
the EPA must approve their programs as
amendments to appendix A of part 70.
States may submit revisions to their
approved programs for EPA approval.
Title V of the CAA applies to ‘‘major
stationary sources’’ as defined in title I,
part D of the Act. 40 CFR 70.2 and 40
CFR 51.165(a)(1)(iv)(A) base the
definition of ‘‘major stationary source’’
on the nonattainment classification of
the area where the source is located.
Table 1 shows the attainment/nonattainment/unclassifiable status for the
applicable national ambient air quality
standards (NAAQS) within the District’s
jurisdictional boundary. As shown in
Table 1, SDCAPCD’s jurisdiction is
classified as Severe-15 nonattainment
for the 2008 and 2015 8-hour ozone
NAAQS.1 The area is designated
attainment/unclassifiable for all other
NAAQS. See 40 CFR 81.305.
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)
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Non-attainment designation/classification
Marginal .......................................................................................................................................
Moderate ......................................................................................................................................
Serious .........................................................................................................................................
Ozone transport region (other than Severe or Extreme) ............................................................
Severe ..........................................................................................................................................
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
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major stationary source is now defined as a source
emitting 25 tons or more per year of either oxides
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100
100
50
50
25
CO
(tpy)
PM10
(tpy)
100
100
50
........................
........................
100
100
70
........................
........................
of nitrogen or volatile organic compounds. 86 FR
29522 (June 2, 2021).
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78873
TABLE 2—TITLE V EMISSIONS THRESHOLDS a—Continued
VOC or NOX
(tpy)
Non-attainment designation/classification
Extreme ........................................................................................................................................
a 40
10
CO
(tpy)
PM10
(tpy)
........................
........................
CFR 51.165(a)(1)(iv)(A).
III. What are the requirements for
approval of revisions to Title V
programs?
Pursuant to 40 CFR 70.4(i), either the
EPA or the state may initiate a title V
program revision ‘‘when the relevant
Federal or State statutes or regulations
are modified or supplemented.’’ It is the
responsibility of the state to keep the
EPA apprised of any proposed
modifications to its basic statutory or
regulatory authority or procedures.
Revision of a state program shall be
accomplished as follows:
(a) The state submits a modified
program description, Attorney General’s
statement (if necessary for expanded or
additional authority), or other
documents as the EPA determines to be
necessary. 40 CFR 70.4(i)(2)(i).
(b) After the EPA receives a proposed
program revision, it will publish a
notice of the proposed change in the
Federal Register and provide for a
public comment period of at least 30
days. 40 CFR 70.4(i)(2)(ii).
(c) The Administrator shall approve
or disapprove program revisions based
on the requirements of 40 CFR part 70
and the Act. 40 CFR 70.4(i)(2)(iii).
(d) The EPA must publish a notice of
approval in the Federal Register for any
substantial program revisions. 40 CFR
70.4(i)(2)(iv).
(e) Approval of nonsubstantial
revisions may be given by a letter from
the Administrator to the Governor or a
designee. 40 CFR 70.4(i)(2)(iv).
(f) A program revision shall become
effective upon the approval of the
Administrator. 40 CFR 70.4(i)(2)(iv).
IV. What is the State’s proposed Title V
program revision?
Table 3 lists the rules submitted as
part of the SDCAPCD’s title V program
revisions and the dates they were
adopted by the District and submitted
by the California Air Resources Board
(CARB), which is the governor’s
designee for California rule submittals.2
TABLE 3—SUBMITTED RULES
Rule No.
Rule title
Amended date
Submitted date a
1401 ........................
Title V Operating Permits—General Provisions .....................................................
10/14/2021
1/24/2022
a CARB
transmitted the submittal to the EPA by a letter dated January 20, 2022.
The EPA finds that the revised
definition of a ‘‘complete application’’
aligns with the applicable 40 CFR part
70 elements. The referenced portion of
Rule 1418 outlines the components
needed to deem an application complete
in accordance with the requirements
listed in 40 CFR 70.7(a).
The EPA also finds that the revised
definition of a ‘‘Major Stationary
Source’’ in SDCAPCD Rule 1401,
Section (c)(26), is in accordance with
the definition listed in 40 CFR part 70.2.
As explained in Section II of this Notice,
SDCAPCD’s jurisdiction is classified as
Severe nonattainment for ozone and
designated attainment or unclassifiable
for all the other NAAQS. Under the
definition of ‘‘major stationary source’’
in 40 CFR 70.2, sources with emission
rates equal to or greater than 25 tons of
NOX or VOC per year that are located in
Severe ozone nonattainment areas
constitute major sources. Since Table
20.1—5b of SDCAPCD’s Rule 20.1 lists
these emission rate values in its
definition of ‘‘Federal Major Stationary
Source,’’ revised Rule 1401 references
the appropriate emissions rates for the
San Diego Air Basin based on the EPA’s
ozone nonattainment classifications.
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
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
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.’’
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V. EPA Evaluation of Title V Program
Revision
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All of the other revisions to Rule 1401
involve clarifying specific citations to
rules that were already incorporated by
reference in the previous version of the
rule that was adopted on August 13,
2003.
VI. Final Action
As authorized in 40 CFR 70.4(i), the
EPA is fully approving the submitted
revisions because we find the proposed
changes to Rule 1401 align with 40 CFR
part 70 program elements. Rule 1401
refers to the correct VOC and NOX
emission thresholds appropriate for a
Severe ozone nonattainment area.
Therefore, the proposed changes are
approvable as title V program revisions.
We do not anticipate adverse comments,
so we are finalizing this action without
proposing it in advance. However, in
the Proposed Rules section of this
Federal Register, we are simultaneously
proposing approval of the same
submitted rule. If we receive adverse
comments on the proposed revisions by
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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TKELLEY on DSK125TN23PROD with RULES
January 23, 2023, we will publish a
timely withdrawal in the Federal
Register to notify the public that the
direct final approval will not take effect.
The EPA would then address all public
comments in a subsequent final rule
based on the proposed action. If we do
not receive timely adverse comments,
this direct final approval will be
effective without further notice on
December 23, 2022. Pursuant to section
307(b)(1) of the Act, judicial review of
this final agency action may be sought
by filing a petition for review in the
United States Court of Appeals for the
appropriate circuit within 60 days of
publication in the Federal Register. We
do not plan to open a second comment
period on this action, so any parties
interested in commenting should do so
at this time.
VII. Statutory and Executive Order
Reviews
Under the CAA, the Administrator
may approve a state title V program
submittal that complies with the
provisions of the Act and applicable
Federal regulations; 40 CFR 70.4(i).
Thus, in reviewing title V program
submittals, the EPA’s role is to approve
state choices, provided they meet the
criteria of the CAA and the criteria,
standards, and procedures defined in 40
CFR part 70.
For that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
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Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• The state did not evaluate
environmental justice considerations as
part of its title V program revision
submittal. There is no information in
the record inconsistent with the stated
goals of Executive Order 12898 of
achieving environmental justice for
people of color, low-income
populations, and indigenous peoples
(59 FR 7629, February 16, 1994).
In addition, this action is not
approved to apply in Indian country, as
defined at 18 U.S.C. 1151, or in any
other area where the EPA or an Indian
tribe has demonstrated that a tribe has
jurisdiction. Therefore, this rule does
not have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by February 21,
2023. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 70
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
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relations, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 14, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
PART 70—STATE OPERATING PERMIT
PROGRAMS
1. The authority citation for part 70
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
2. Appendix A to part 70 is amended
under ‘‘California’’ by adding paragraph
(x)(6) to read as follows:
■
Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
*
*
*
*
*
*
*
*
California
*
*
(x) * * *
(6) The District adopted revisions on
October 14, 2021. The California Air
Resources Board submitted revisions to the
EPA on January 24, 2022. Approval is
effective on December 23, 2022.
[FR Doc. 2022–27725 Filed 12–22–22; 8:45 am]
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0002; Sequence No. 21]
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Emergency Travel
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ACTION: Notice of GSA Bulletin FTR 23–
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AGENCY:
GSA Bulletin FTR 23–04
clarifies, highlights, and reminds
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DATES: Applicable: December 23, 2022.
FOR FURTHER INFORMATION CONTACT: For
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Denning, Office of Government-wide
Policy, Office of Asset and
SUMMARY:
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]]>Agencies
[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Rules and Regulations]
[Pages 78871-78874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27725]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[EPA-R09-OAR-2022-0623; FRL-10031-02-R9]
Clean Air Act Operating Permit Program; California; San Diego
County Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: With this direct final rule, the Environmental Protection
Agency (EPA) is promulgating approval of revisions to the Clean Air Act
Operating Permit Program (title V) of the San Diego County Air
Pollution Control District (SDCAPCD or District) in California. The EPA
is taking this final action in accordance with Federal regulations and
the Clean Air Act (CAA or ``Act'').
DATES: Effective February 21, 2023. Comments must be received on or
before January 23, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0623 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI)
[[Page 78872]]
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
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at no cost to you, please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: La Weeda Ward, Permits Office (Air-3-
1), U.S. Environmental Protection Agency, Region IX, (213) 244-1812,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Why is the EPA using a direct final rule?
II. Background
III. What are the requirements for approval of revisions to Title V
programs?
IV. What is the State's proposed Title V program revision?
V. EPA Evaluation of Title V Program Revision
VI. Final Action
VII. Statutory and Executive Order Reviews
I. Why is the EPA using a direct final rule?
The EPA is publishing this final rule approving the SDCAPCD's
proposed title V program revisions without prior proposal because we
consider it to be a noncontroversial action and anticipate no adverse
comments. However, elsewhere in this issue of the Federal Register
publication, the EPA is simultaneously publishing a proposal that will
also serve as a public notice of San Diego's proposed title V program
revisions pursuant to title 40 of the Code of Federal Regulations
(CFR), section 70.4(i).
II. Background
The CAA Amendments of 1990 include title V, which requires states
to develop an operating permits program that meets the Federal criteria
codified in 40 CFR part 70. The title V program requires certain
sources of air pollution to obtain Federal operating permits from their
respective states. These Federal operating permits improve enforcement
and compliance by consolidating all applicable Federal requirements
into one federally enforceable document. Before states can issue title
V permits, the EPA must approve their programs as amendments to
appendix A of part 70. States may submit revisions to their approved
programs for EPA approval.
Title V of the CAA applies to ``major stationary sources'' as
defined in title I, part D of the Act. 40 CFR 70.2 and 40 CFR
51.165(a)(1)(iv)(A) base the definition of ``major stationary source''
on the nonattainment classification of the area where the source is
located. Table 1 shows the attainment/non-attainment/unclassifiable
status for the applicable national ambient air quality standards
(NAAQS) within the District's jurisdictional boundary. As shown in
Table 1, SDCAPCD's jurisdiction is classified as Severe-15
nonattainment for the 2008 and 2015 8-hour ozone NAAQS.\1\ The area is
designated attainment/unclassifiable for all other NAAQS. See 40 CFR
81.305.
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\1\ The EPA reclassified the San Diego region to a Severe ozone
nonattainment area, effective July 2, 2021. This reclassification to
Severe means that a major stationary source is now defined as a
source emitting 25 tons or more per year of either oxides of
nitrogen or volatile organic compounds. 86 FR 29522 (June 2, 2021).
Table 1--Air Quality Attainment Status
------------------------------------------------------------------------
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 .............. ..............
[[Page 78873]]
Extreme......................................................... 10 .............. ..............
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\a\ 40 CFR 51.165(a)(1)(iv)(A).
III. What are the requirements for approval of revisions to Title V
programs?
Pursuant to 40 CFR 70.4(i), either the EPA or the state may
initiate a title V program revision ``when the relevant Federal or
State statutes or regulations are modified or supplemented.'' It is the
responsibility of the state to keep the EPA apprised of any proposed
modifications to its basic statutory or regulatory authority or
procedures. Revision of a state program shall be accomplished as
follows:
(a) The state submits a modified program description, Attorney
General's statement (if necessary for expanded or additional
authority), or other documents as the EPA determines to be necessary.
40 CFR 70.4(i)(2)(i).
(b) After the EPA receives a proposed program revision, it will
publish a notice of the proposed change in the Federal Register and
provide for a public comment period of at least 30 days. 40 CFR
70.4(i)(2)(ii).
(c) The Administrator shall approve or disapprove program revisions
based on the requirements of 40 CFR part 70 and the Act. 40 CFR
70.4(i)(2)(iii).
(d) The EPA must publish a notice of approval in the Federal
Register for any substantial program revisions. 40 CFR 70.4(i)(2)(iv).
(e) Approval of nonsubstantial revisions may be given by a letter
from the Administrator to the Governor or a designee. 40 CFR
70.4(i)(2)(iv).
(f) A program revision shall become effective upon the approval of
the Administrator. 40 CFR 70.4(i)(2)(iv).
IV. What is the State's proposed Title V program revision?
Table 3 lists the rules submitted as part of the SDCAPCD's title V
program revisions and the dates they were adopted by the District and
submitted by the California Air Resources Board (CARB), which is the
governor's designee for California rule submittals.\2\
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\2\ Rule 1401 was amended to revise the definitions of
``complete application'' and ``major stationary source.'' A detailed
explanation of the EPA's evaluation of these proposed revisions as
well as a change copy of the revised rule can be found in the
Technical Support Document (TSD) and docket.
Table 3--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Rule No. Rule title Amended date Submitted date \a\
----------------------------------------------------------------------------------------------------------------
1401................................... Title V Operating Permits-- 10/14/2021 1/24/2022
General 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.
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\3\ All references to SDCAPCD Rule 1418 refer to the current
EPA-approved version of this rule. 68 FR 74871 (December 29, 2003).
Any future changes to Rule 1418 that amend Section (a) of this rule
will necessitate a conforming amendment to Rule 1401 and a
subsequent title V program revision.
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Additionally, SDCAPCD revised the definition of a major stationary
source in Rule 1401, Section (c)(26), to incorporate Rule 20.1,\4\
``New Source Review--General Provisions,'' Section (c)(30), ``Federal
Major Stationary Source'' by reference. Rule 20.1 contains the
definition of a ``Federal Major Stationary Source'' pursuant to 40 CFR
70.2, Definitions, ``Major source.''
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\4\ All references to SDCAPCD Rule 20.1 refer to the current
SIP-approved version of this rule. 87 FR 58729 (September 28, 2022).
A correction to this final rule was published on October 27, 2022
(87 FR 65015). Any future changes to Rule 20.1 that amend Table
20.1-5b of this rule will necessitate a conforming amendment to Rule
1401 and a subsequent title V program revision.
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V. EPA Evaluation of Title V Program Revision
The EPA finds that the revised definition of a ``complete
application'' aligns with the applicable 40 CFR part 70 elements. The
referenced portion of Rule 1418 outlines the components needed to deem
an application complete in accordance with the requirements listed in
40 CFR 70.7(a).
The EPA also finds that the revised definition of a ``Major
Stationary Source'' in SDCAPCD Rule 1401, Section (c)(26), is in
accordance with the definition listed in 40 CFR part 70.2. As explained
in Section II of this Notice, SDCAPCD's jurisdiction is classified as
Severe nonattainment for ozone and designated attainment or
unclassifiable for all the other NAAQS. Under the definition of ``major
stationary source'' in 40 CFR 70.2, sources with emission rates equal
to or greater than 25 tons of NOX or VOC per year that are
located in Severe ozone nonattainment areas constitute major sources.
Since Table 20.1--5b of SDCAPCD's Rule 20.1 lists these emission rate
values in its definition of ``Federal Major Stationary Source,''
revised Rule 1401 references the appropriate emissions rates for the
San Diego Air Basin based on the EPA's ozone nonattainment
classifications.
All of the other revisions to Rule 1401 involve clarifying specific
citations to rules that were already incorporated by reference in the
previous version of the rule that was adopted on August 13, 2003.
VI. Final Action
As authorized in 40 CFR 70.4(i), the EPA is fully approving the
submitted revisions because we find the proposed changes to Rule 1401
align with 40 CFR part 70 program elements. Rule 1401 refers to the
correct VOC and NOX emission thresholds appropriate for a
Severe ozone nonattainment area. Therefore, the proposed changes are
approvable as title V program revisions. We do not anticipate adverse
comments, so we are finalizing this action without proposing it in
advance. However, in the Proposed Rules section of this Federal
Register, we are simultaneously proposing approval of the same
submitted rule. If we receive adverse comments on the proposed
revisions by
[[Page 78874]]
January 23, 2023, we will publish a timely withdrawal in the Federal
Register to notify the public that the direct final approval will not
take effect. The EPA would then address all public comments in a
subsequent final rule based on the proposed action. If we do not
receive timely adverse comments, this direct final approval will be
effective without further notice on December 23, 2022. Pursuant to
section 307(b)(1) of the Act, judicial review of this final agency
action may be sought by filing a petition for review in the United
States Court of Appeals for the appropriate circuit within 60 days of
publication in the Federal Register. We do not plan to open a second
comment period on this action, so any parties interested in commenting
should do so at this time.
VII. Statutory and Executive Order Reviews
Under the CAA, the Administrator may approve a state title V
program submittal that complies with the provisions of the Act and
applicable Federal regulations; 40 CFR 70.4(i). Thus, in reviewing
title V program submittals, the EPA's role is to approve state choices,
provided they meet the criteria of the CAA and the criteria, standards,
and procedures defined in 40 CFR part 70.
For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
The state did not evaluate environmental justice
considerations as part of its title V program revision submittal. There
is no information in the record inconsistent with the stated goals of
Executive Order 12898 of achieving environmental justice for people of
color, low-income populations, and indigenous peoples (59 FR 7629,
February 16, 1994).
In addition, this action is not approved to apply in Indian
country, as defined at 18 U.S.C. 1151, or in any other area where the
EPA or an Indian tribe has demonstrated that a tribe has jurisdiction.
Therefore, this rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 21, 2023. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 14, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:
PART 70--STATE OPERATING PERMIT PROGRAMS
0
1. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
2. Appendix A to part 70 is amended under ``California'' by adding
paragraph (x)(6) to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
California
* * * * *
(x) * * *
(6) The District adopted revisions on October 14, 2021. The
California Air Resources Board submitted revisions to the EPA on
January 24, 2022. Approval is effective on December 23, 2022.
[FR Doc. 2022-27725 Filed 12-22-22; 8:45 am]
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