Air Quality Implementation Plan; CA; El Dorado County Air Quality Management District; Stationary Source Permits, 19233-19236 [2023-06563]

Download as PDF 19233 Federal Register / Vol. 88, No. 62 / Friday, March 31, 2023 / Proposed Rules Grades U.S. Nos. Grading factors 1 2 3 4 Maximum count limits of: Other materials: Animal filth ................................................................................................ Castor beans ............................................................................................ Crotalaria seeds ....................................................................................... Glass ......................................................................................................... Stones 1 ..................................................................................................... Unknown foreign substance ..................................................................... 9 1 2 0 3 3 9 1 2 0 3 3 9 1 2 0 3 3 9 1 2 0 3 3 Total 2 ................................................................................................. 10 10 10 10 U.S. Sample grade are soybeans that: (a) Do not meet the requirements for U.S. Nos. 1, 2, 3, or 4; or (b) Have a musty, sour, or commercially objectionable foreign odor (except garlic odor); or (c) Are heating or otherwise of distinctly low quality. 1 In addition to the maximum count limit, stones must exceed 0.1 percent of the sample weight. 2 Includes any combination of animal filth, castor beans, crotalaria seeds, glass, stones, and unknown foreign substances. The weight of stones is not applicable for total other material. * * * * * Melissa Bailey, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2023–06679 Filed 3–30–23; 8:45 am] BILLING CODE P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2022–0910; FRL–10564– 01–R9] Air Quality Implementation Plan; CA; El Dorado County Air Quality Management District; Stationary Source Permits Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the El Dorado County Air Quality Management District (EDCAQMD) portion of the California State Implementation Plan (SIP). In this action, we are proposing to approve a rule submitted by the EDCAQMD governing the issuance of permits for stationary sources, focusing on the preconstruction review and permitting of major sources and major modifications under part D of title I of the Clean Air Act (CAA or ‘‘the Act’’). ddrumheller on DSK120RN23PROD with PROPOSALS1 SUMMARY: We are taking comments on this proposal and plan to follow with a final action. DATES: Comments must be received on or before May 1, 2023. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2022–0910 at https:// www.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 the disclosure of which 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://www2.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: Camille Cassar, EPA Region IX, 75 Hawthorne St., San Francisco, CA 94105; by phone: (415)–947–4164; or by email to cassar.camille@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 rule did the State submit? B. Is there any other version of this rule? C. What is the purpose of the submitted rule? II. The EPA’s Evaluation A. What is the background for this action? B. How is the EPA evaluating this rule? C. Does this rule meet the evaluation criteria? III. Proposed Action and Public Comment IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. The State’s Submittal A. What rule did the State submit? Table 1 lists the rule addressed by this proposal, including the date on which it was adopted by the District and the date on which it was submitted to the EPA by the California Air Resources Board (CARB or ‘‘the State’’). TABLE 1—SUBMITTED RULE Rule No. Rule title Adopted Rule 523–1 ..... Federal Non-Attainment New Source Review ......................... December 7, 2021 .................. VerDate Sep<11>2014 16:13 Mar 30, 2023 Jkt 259001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\31MRP1.SGM Submitted 31MRP1 March 9, 2022. 19234 Federal Register / Vol. 88, No. 62 / Friday, March 31, 2023 / Proposed Rules For areas designated nonattainment for one or more National Ambient Air Quality Standards (NAAQS), the applicable SIP must include preconstruction review and permitting requirements for new or modified major stationary sources of such nonattainment pollutant(s) under part D of title I of the Act, commonly referred to as Nonattainment New Source Review (NNSR). The rule listed in Table 1 contains the District’s NNSR permit program applicable to new and modified major sources located in areas designated nonattainment for the ozone and/or PM2.5 NAAQS. On September 9, 2022, the submittal for Rule 523–1 was deemed by operation of law to meet the completeness criteria in 40 CFR part 51, appendix V, which must be met before formal EPA review.1 B. Is there any other version of this rule? There is no previous version of Rule 523–1 in the California SIP. There are other New Source Review (NSR) rules in the California SIP that apply to the sources to which Rule 523–1 also applies, including Rule 523, ‘‘New Source Review,’’ which was adopted by the District on April 26, 1994. Rule 523– 1 is intended to satisfy current federal NNSR requirements applicable to ozone and PM2.5, as well as related visibility program requirements. Other existing SIP-approved NSR rules such as the SIPapproved version of Rule 523 will also remain in the SIP to continue to impose certain requirements for stationary sources that are beyond the scope of Rule 523–1. Rule 523–1 provides that for purposes of its implementation and enforcement, its provisions take precedence over the provisions and requirements in other District rules and regulations (see Rule 523–1, Section 1.1, paragraph (a)). ddrumheller on DSK120RN23PROD with PROPOSALS1 C. What is the purpose of the submitted rule? Rule 523–1 is intended to address the CAA’s statutory and regulatory requirements for NNSR permit programs for major sources emitting nonattainment air pollutants and their precursors located in the areas within the District that are designated nonattainment for one or more National Ambient Air Quality Standards (NAAQS). 1 The submittal was transmitted to the EPA via a letter from CARB dated March 9, 2022. VerDate Sep<11>2014 16:13 Mar 30, 2023 Jkt 259001 II. The EPA’s Evaluation A. What is the background for this action? Because parts of El Dorado County are designated as federal ozone and PM2.5 nonattainment areas, the CAA requires the District to have a SIP-approved NNSR program for new and modified major sources located in the ozone and PM2.5 nonattainment areas that are under its jurisdiction. Most recently, the designation of parts of El Dorado County as a federal ozone nonattainment area for the 2008 and 2015 ozone NAAQS, and the 2006 PM2.5 NAAQS, triggered the requirement for the District to develop and submit an updated NNSR program to the EPA for SIP approval. The District’s NNSR program must address NNSR requirements for the 1979, 1997, 2008, and the 2015 ozone NAAQS, as well as the 2006 PM2.5 NAAQS.2 The District’s NNSR program must meet the NNSR requirements for areas classified as Severe nonattainment. The ozone nonattainment area within the District is currently classified as Severe nonattainment for the 2008 ozone NAAQS and as Serious nonattainment for the 2015 ozone NAAQS. In addition, although the EPA revoked the 1979 ozone NAAQS in El Dorado County effective June 15, 2005,3 and revoked the 1997 ozone NAAQS effective April 6, 2015,4 the NNSR requirements applicable to the nonattainment area in El Dorado County based on its designation and classification as Severe for these revoked NAAQS remain in order to prevent future emissions from new and modified major stationary sources from increasing beyond the levels allowed, based on the area’s prior designation and classification for these NAAQS.5 Submission of an NNSR program that satisfies the requirements of the Act and EPA’s regulations for Severe ozone nonattainment areas would also satisfy the NNSR program requirements for Serious ozone 2 The relevant nonattainment designation and classification history for the ozone and PM2.5 NAAQS for El Dorado County is provided in our Technical Support Document (TSD) for this action, which can be found in the docket for this rule. Information regarding the District’s attainment/ nonattainment status for other criteria pollutants is also included in our TSD. 3 See 70 FR 44470, 44475 (Aug. 3, 2005). 4 80 FR 12264, 12265 (March 6, 2015). 5 The EPA determined in 2012 that the ozone nonattainment area in El Dorado County had attained the 1979 ozone NAAQS, which suspended the requirement to submit those SIP elements related to attainment of these NAAQS for so long as the area continues to attain, but did not suspend the requirement to submit an NNSR program. 77 FR 64036 (Oct. 18, 2012); 40 CFR 51.1118. PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 nonattainment areas.6 The District’s NNSR program must also satisfy the NNSR requirements applicable to Moderate PM2.5 nonattainment areas.7 We note that, in 2000, the EPA issued a limited approval and limited disapproval of District Rule 523, adopted on April 26, 1994, which was intended to address the then-applicable NNSR program requirements, and which incorporated Rule 523 into the California SIP.8 The District’s current NNSR rule, Rule 523–1, which is the subject of our current action, is intended to meet the currently applicable NNSR program requirements for the District, which would also resolve all the deficiencies with the District’s NNSR program that formed the basis for the EPA’s limited disapproval in 2000 in its action on Rule 523. In addition, to implement CAA section 169A, 40 CFR 51.307(b) requires that NNSR programs provide for review of any major stationary source or major modification that may have an impact on visibility in any mandatory Class I Federal area.9 B. How is the EPA evaluating this rule? The EPA reviewed Rule 523–1 for compliance with CAA requirements for: (1) stationary source preconstruction permitting programs as set forth in CAA part D, including CAA sections 172(c)(5), 173, 182, and 189; (2) the review and modification of major sources in accordance with 40 CFR 51.160–51.165 as applicable in Severe ozone nonattainment areas as well as Moderate PM2.5 nonattainment areas; (3) the review of new major stationary sources or major modifications in a designated nonattainment area that may 6 The NNSR requirements applicable to Severe ozone nonattainment areas include the same requirements that apply to Serious ozone nonattainment areas, but Severe ozone nonattainment areas are also subject to certain additional and more stringent requirements. See generally CAA sections 182(c) and 182(d) and 40 CFR 51.165. 7 The EPA determined in 2017 that the PM 2.5 nonattainment area in El Dorado County had attained the 2006 24-hr PM2.5 NAAQS by the applicable attainment date. 82 FR 21711, 21713 (May 10, 2017). The EPA’s determination that the PM2.5 nonattainment area in El Dorado County had attained the 2006 PM2.5 NAAQS by the applicable attainment date suspended the requirements to submit those SIP elements related to attainment of these NAAQS for so long as the area continues to attain, but did not suspend the requirement to submit an NNSR program. 40 CFR 51.1015. 8 (Feb. 2, 2000); see also 64 FR 53973 (Oct. 5, 1999) (notice of proposed rulemaking). 9 Such sources are required to perform a visibility impact analysis consistent with the provisions of 40 CFR 51.307(a)–(c) and 40 CFR 51.166(o), (p)(1) through (2) and (q). 40 CFR 51.307(d) also provides for states to require monitoring of visibility in any Federal Class I area near the proposed new major stationary source or major modification. E:\FR\FM\31MRP1.SGM 31MRP1 Federal Register / Vol. 88, No. 62 / Friday, March 31, 2023 / Proposed Rules have an impact on visibility in any mandatory Class I Federal area in accordance with 40 CFR 51.307; (4) SIPs in general as set forth in CAA sections 110(a)(2), including 110(a)(2)(A) and 110(a)(2)(E)(i); 10 and (5) SIP revisions as set forth in CAA section 110(l) 11 and 193.12 Our review evaluated the submittal for compliance with the NNSR requirements applicable to nonattainment areas classified as Severe for ozone and Moderate for PM2.5, and ensured that the submittal addressed the NNSR requirements both the 2008 and 2015 ozone NAAQS, as well as the 2006 PM2.5 NAAQS. As part of our analysis, we reviewed whether Rule 523–1 resolved all the deficiencies with the District’s NNSR program that formed the basis for the EPA’s limited disapproval in 2000 in its action on Rule 523. C. Does this rule meet the evaluation criteria? With respect to procedural requirements, CAA sections 110(a)(2) and 110(l) require that revisions to a SIP be adopted by the state after reasonable notice and public hearing. Based on our review of the public process documentation included in the March 9, 2022 submittal of Rule 523–1, we find that the District has provided sufficient evidence of public notice, opportunity for comment and a public hearing prior to adoption and submittal of this rule to the EPA. With respect to the substantive requirements found in CAA sections 110(a)(2)(C), 172(c)(5), 173, 182, 189, and 40 CFR 51.160–51.165, we have evaluated Rule 523–1 in accordance with the applicable CAA and regulatory requirements that apply to NNSR permit programs under part D of title I of the Act for all relevant ozone NAAQS as well as the 2006 PM2.5 NAAQS. We find that Rule 523–1 satisfies these requirements as they apply to sources subject to the NNSR permit program requirements for ozone nonattainment ddrumheller on DSK120RN23PROD with PROPOSALS1 10 CAA section 110(a)(2)(A) requires that regulations submitted to the EPA for SIP approval be clear and legally enforceable, and CAA section 110(a)(2)(E)(i) requires that states have adequate personnel, funding, and authority under state law to carry out their proposed SIP revisions. 11 CAA section 110(l) requires SIP revisions to be subject to reasonable notice and public hearing prior to adoption and submittal by states to EPA and prohibits EPA from approving any SIP revision that would interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the CAA. 12 CAA section 193 prohibits the modification of any SIP-approved control requirement in effect before November 15, 1990 in a nonattainment area, unless the modification ensures equivalent or greater emission reductions of the relevant pollutants. VerDate Sep<11>2014 16:13 Mar 30, 2023 Jkt 259001 areas classified as Severe and PM2.5 nonattainment areas classified as Moderate. Further, we determined that Rule 523–1 resolved all the deficiencies with the District’s NNSR program that formed the basis for the EPA’s limited disapproval in 2000 in its action on Rule 523. We have also determined that this rule satisfies the related visibility requirements in 40 CFR 51.307. In addition, we have determined that Rule 523–1 satisfies the requirement in CAA section 110(a)(2)(A) that regulations submitted to the EPA for SIP approval be clear and legally enforceable and have determined that the submittals demonstrate in accordance with CAA section 110(a)(2)(E)(i) that the District has adequate personnel, funding, and authority under state law to carry out this proposed SIP revision. Regarding the additional substantive requirements of CAA sections 110(l) and 193, our action will result in a more stringent SIP, while not relaxing any existing provision contained in the SIP. We have concluded that our action would comply with section 110(l) because our approval of Rule 523–1 will not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other CAA applicable requirement. In addition, our approval of Rule 523–1 will not relax any pre-November 15, 1990 requirement in the SIP, and therefore changes to the SIP resulting from this action ensure greater or equivalent emission reductions of the nonattainment pollutants and their precursors in the District; accordingly, we have concluded that our action is consistent with the requirements of CAA section 193. Our TSD contains a more detailed discussion of our analysis of Rule 523–1. III. Proposed Action and Public Comment As authorized in section 110(k)(3) of the Act, the EPA is proposing to approve the submitted rule because it fulfills all relevant CAA requirements, and resolves all deficiencies with the District’s NNSR program that the EPA identified in our limited disapproval action in 2000. We have concluded that our approval of the submitted rule would comply with the relevant provisions of CAA sections 110(a)(2), 110(l), 172(c)(5), 173, 182, 189 and 193, and 40 CFR 51.160–51.165 and 40 CFR 51.307. If we finalize this action as proposed, our action will be codified through revisions to 40 CFR 52.220a (Identification of plan-in part). PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 19235 In conjunction with the EPA’s SIP approval of the District’s visibility provisions for sources subject to the NNSR program as meeting the relevant requirements of 40 CFR 51.307, this action would also revise the regulatory provision at 40 CFR 52.281(d) concerning the applicability of the visibility Federal Implementation Plan (FIP) at 40 CFR 52.28 as it pertains to California, to provide that this FIP does not apply to sources subject to review under the District’s SIP-approved NNSR program. We will accept comments from the public on this proposal until May 1, 2023. IV. 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 rule listed in Table 1 of this preamble. The rule governs the issuance of permits for stationary sources, focusing on the preconstruction review and permitting of major sources and major modifications under part D of title I of the CAA. The EPA has made, and will continue to make, this document available electronically through https:// www.regulations.gov and in hard copy at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). V. Statutory and Executive Order Reviews 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 E:\FR\FM\31MRP1.SGM 31MRP1 ddrumheller on DSK120RN23PROD with PROPOSALS1 19236 Federal Register / Vol. 88, No. 62 / Friday, March 31, 2023 / Proposed Rules 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); and • 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. Executive Order 12898 (Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations, 59 FR 7629, Feb. 16, 1994) (E.O. 12898) directs Federal agencies to identify and address ‘‘disproportionately high and adverse human health or environmental effects’’ of their actions on minority populations and low-income populations to the greatest extent practicable and permitted by law. EPA defines environmental justice (EJ) as ‘‘the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.’’ EPA further defines the term fair treatment to mean that ‘‘no group of people should bear a disproportionate burden of environmental harms and risks, including those resulting from the negative environmental consequences of industrial, governmental, and commercial operations or programs and policies.’’ The District did not evaluate environmental justice considerations as part of its SIP submittal; the CAA and applicable implementing regulations neither prohibit nor require such an evaluation. The EPA did not perform an EJ analysis and did not consider EJ in this action. Due to the nature of the action being taken here, this action is expected to have a neutral to positive impact on the air quality of the affected area. Consideration of EJ is not required as part of this action, and there is no information in the record inconsistent VerDate Sep<11>2014 16:13 Mar 30, 2023 Jkt 259001 with the stated goal of E.O. 12898 of achieving environmental justice for people of color, low-income populations, and Indigenous peoples. 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 oxides, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: March 24, 2023. Martha Guzman Aceves, Regional Administrator, Region IX. [FR Doc. 2023–06563 Filed 3–30–23; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 300 and 600 [Docket No. 221215–0273] RIN 0648–BK85 Magnuson-Stevens Fishery Conservation and Management Act; Seafood Import Monitoring Program National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments; extension of the comment period. AGENCY: The National Marine Fisheries Service (NMFS) is announcing an extension to the comment period for the proposed rule on the Seafood Import Monitoring Program (SIMP) published in the Federal Register on December 28, 2022. The comment period is being extended from March 28, 2023, to April 27, 2023. DATES: The comment period for the proposed rule published December 28, 2022 (87 FR 79836), is extended. SUMMARY: PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 Written comments must be received on or before April 27, 2023. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2022–0119, by any of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA–NMFS–2022–0119 in the Search box. Click on the ‘‘Comment’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit written comments to Rachael Confair, Office of International Affairs, Trade, and Commerce, National Marine Fisheries Service, 1315 EastWest Highway (F/IS5), Silver Spring, MD 20910. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/ A’’ in the required fields if you wish to remain anonymous). FOR FURTHER INFORMATION CONTACT: Rachael Confair, Office of International Affairs, Trade, and Commerce, National Marine Fisheries Service (phone: 301– 427–8361; or email: rachael.confair@ noaa.gov). The proposed rule would add species or groups of species to the Seafood Import Monitoring Program established pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (MSA). In addition, the proposed rule would amend SIMP regulations to clarify the responsibilities of the importer of record; amend the definition of importer of record to more closely align with the U.S. Customs and Border Protection (CBP) definition; amend the language requiring chain of custody records to be made available for audit or inspection to add a requirement that such records be made available through digital means if requested by NMFS; clarify the Aggregated Harvest Report criteria; and clarify the application of SIMP requirements to imports into the Pacific Insular Areas. SUPPLEMENTARY INFORMATION: E:\FR\FM\31MRP1.SGM 31MRP1

Agencies

[Federal Register Volume 88, Number 62 (Friday, March 31, 2023)]
[Proposed Rules]
[Pages 19233-19236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06563]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0910; FRL-10564-01-R9]


Air Quality Implementation Plan; CA; El Dorado County Air Quality 
Management District; Stationary Source Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the El Dorado County Air Quality Management 
District (EDCAQMD) portion of the California State Implementation Plan 
(SIP). In this action, we are proposing to approve a rule submitted by 
the EDCAQMD governing the issuance of permits for stationary sources, 
focusing on the preconstruction review and permitting of major sources 
and major modifications under part D of title I of the Clean Air Act 
(CAA or ``the Act''). We are taking comments on this proposal and plan 
to follow with a final action.

DATES: Comments must be received on or before May 1, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0910 at https://www.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 the disclosure of which 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://www2.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: Camille Cassar, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105; by phone: (415)-947-4164; or by 
email to [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 rule did the State submit?
    B. Is there any other version of this rule?
    C. What is the purpose of the submitted rule?
II. The EPA's Evaluation
    A. What is the background for this action?
    B. How is the EPA evaluating this rule?
    C. Does this rule meet the evaluation criteria?
III. Proposed Action and Public Comment
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule addressed by this proposal, including the 
date on which it was adopted by the District and the date on which it 
was submitted to the EPA by the California Air Resources Board (CARB or 
``the State'').

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
          Rule No.                      Rule title                     Adopted                  Submitted
----------------------------------------------------------------------------------------------------------------
Rule 523-1..................  Federal Non-Attainment New      December 7, 2021........  March 9, 2022.
                               Source Review.
----------------------------------------------------------------------------------------------------------------


[[Page 19234]]

    For areas designated nonattainment for one or more National Ambient 
Air Quality Standards (NAAQS), the applicable SIP must include 
preconstruction review and permitting requirements for new or modified 
major stationary sources of such nonattainment pollutant(s) under part 
D of title I of the Act, commonly referred to as Nonattainment New 
Source Review (NNSR). The rule listed in Table 1 contains the 
District's NNSR permit program applicable to new and modified major 
sources located in areas designated nonattainment for the ozone and/or 
PM2.5 NAAQS.
    On September 9, 2022, the submittal for Rule 523-1 was deemed by 
operation of law to meet the completeness criteria in 40 CFR part 51, 
appendix V, which must be met before formal EPA review.\1\
---------------------------------------------------------------------------

    \1\ The submittal was transmitted to the EPA via a letter from 
CARB dated March 9, 2022.
---------------------------------------------------------------------------

B. Is there any other version of this rule?

    There is no previous version of Rule 523-1 in the California SIP. 
There are other New Source Review (NSR) rules in the California SIP 
that apply to the sources to which Rule 523-1 also applies, including 
Rule 523, ``New Source Review,'' which was adopted by the District on 
April 26, 1994. Rule 523-1 is intended to satisfy current federal NNSR 
requirements applicable to ozone and PM2.5, as well as 
related visibility program requirements. Other existing SIP-approved 
NSR rules such as the SIP-approved version of Rule 523 will also remain 
in the SIP to continue to impose certain requirements for stationary 
sources that are beyond the scope of Rule 523-1. Rule 523-1 provides 
that for purposes of its implementation and enforcement, its provisions 
take precedence over the provisions and requirements in other District 
rules and regulations (see Rule 523-1, Section 1.1, paragraph (a)).

C. What is the purpose of the submitted rule?

    Rule 523-1 is intended to address the CAA's statutory and 
regulatory requirements for NNSR permit programs for major sources 
emitting nonattainment air pollutants and their precursors located in 
the areas within the District that are designated nonattainment for one 
or more National Ambient Air Quality Standards (NAAQS).

II. The EPA's Evaluation

A. What is the background for this action?

    Because parts of El Dorado County are designated as federal ozone 
and PM2.5 nonattainment areas, the CAA requires the District 
to have a SIP-approved NNSR program for new and modified major sources 
located in the ozone and PM2.5 nonattainment areas that are 
under its jurisdiction. Most recently, the designation of parts of El 
Dorado County as a federal ozone nonattainment area for the 2008 and 
2015 ozone NAAQS, and the 2006 PM2.5 NAAQS, triggered the 
requirement for the District to develop and submit an updated NNSR 
program to the EPA for SIP approval.
    The District's NNSR program must address NNSR requirements for the 
1979, 1997, 2008, and the 2015 ozone NAAQS, as well as the 2006 
PM2.5 NAAQS.\2\
---------------------------------------------------------------------------

    \2\ The relevant nonattainment designation and classification 
history for the ozone and PM2.5 NAAQS for El Dorado 
County is provided in our Technical Support Document (TSD) for this 
action, which can be found in the docket for this rule. Information 
regarding the District's attainment/nonattainment status for other 
criteria pollutants is also included in our TSD.
---------------------------------------------------------------------------

    The District's NNSR program must meet the NNSR requirements for 
areas classified as Severe nonattainment. The ozone nonattainment area 
within the District is currently classified as Severe nonattainment for 
the 2008 ozone NAAQS and as Serious nonattainment for the 2015 ozone 
NAAQS. In addition, although the EPA revoked the 1979 ozone NAAQS in El 
Dorado County effective June 15, 2005,\3\ and revoked the 1997 ozone 
NAAQS effective April 6, 2015,\4\ the NNSR requirements applicable to 
the nonattainment area in El Dorado County based on its designation and 
classification as Severe for these revoked NAAQS remain in order to 
prevent future emissions from new and modified major stationary sources 
from increasing beyond the levels allowed, based on the area's prior 
designation and classification for these NAAQS.\5\ Submission of an 
NNSR program that satisfies the requirements of the Act and EPA's 
regulations for Severe ozone nonattainment areas would also satisfy the 
NNSR program requirements for Serious ozone nonattainment areas.\6\ The 
District's NNSR program must also satisfy the NNSR requirements 
applicable to Moderate PM2.5 nonattainment areas.\7\
---------------------------------------------------------------------------

    \3\ See 70 FR 44470, 44475 (Aug. 3, 2005).
    \4\ 80 FR 12264, 12265 (March 6, 2015).
    \5\ The EPA determined in 2012 that the ozone nonattainment area 
in El Dorado County had attained the 1979 ozone NAAQS, which 
suspended the requirement to submit those SIP elements related to 
attainment of these NAAQS for so long as the area continues to 
attain, but did not suspend the requirement to submit an NNSR 
program. 77 FR 64036 (Oct. 18, 2012); 40 CFR 51.1118.
    \6\ The NNSR requirements applicable to Severe ozone 
nonattainment areas include the same requirements that apply to 
Serious ozone nonattainment areas, but Severe ozone nonattainment 
areas are also subject to certain additional and more stringent 
requirements. See generally CAA sections 182(c) and 182(d) and 40 
CFR 51.165.
    \7\ The EPA determined in 2017 that the PM2.5 
nonattainment area in El Dorado County had attained the 2006 24-hr 
PM2.5 NAAQS by the applicable attainment date. 82 FR 
21711, 21713 (May 10, 2017). The EPA's determination that the 
PM2.5 nonattainment area in El Dorado County had attained 
the 2006 PM2.5 NAAQS by the applicable attainment date 
suspended the requirements to submit those SIP elements related to 
attainment of these NAAQS for so long as the area continues to 
attain, but did not suspend the requirement to submit an NNSR 
program. 40 CFR 51.1015.
---------------------------------------------------------------------------

    We note that, in 2000, the EPA issued a limited approval and 
limited disapproval of District Rule 523, adopted on April 26, 1994, 
which was intended to address the then-applicable NNSR program 
requirements, and which incorporated Rule 523 into the California 
SIP.\8\ The District's current NNSR rule, Rule 523-1, which is the 
subject of our current action, is intended to meet the currently 
applicable NNSR program requirements for the District, which would also 
resolve all the deficiencies with the District's NNSR program that 
formed the basis for the EPA's limited disapproval in 2000 in its 
action on Rule 523.
---------------------------------------------------------------------------

    \8\ (Feb. 2, 2000); see also 64 FR 53973 (Oct. 5, 1999) (notice 
of proposed rulemaking).
---------------------------------------------------------------------------

    In addition, to implement CAA section 169A, 40 CFR 51.307(b) 
requires that NNSR programs provide for review of any major stationary 
source or major modification that may have an impact on visibility in 
any mandatory Class I Federal area.\9\
---------------------------------------------------------------------------

    \9\ Such sources are required to perform a visibility impact 
analysis consistent with the provisions of 40 CFR 51.307(a)-(c) and 
40 CFR 51.166(o), (p)(1) through (2) and (q). 40 CFR 51.307(d) also 
provides for states to require monitoring of visibility in any 
Federal Class I area near the proposed new major stationary source 
or major modification.
---------------------------------------------------------------------------

B. How is the EPA evaluating this rule?

    The EPA reviewed Rule 523-1 for compliance with CAA requirements 
for: (1) stationary source preconstruction permitting programs as set 
forth in CAA part D, including CAA sections 172(c)(5), 173, 182, and 
189; (2) the review and modification of major sources in accordance 
with 40 CFR 51.160-51.165 as applicable in Severe ozone nonattainment 
areas as well as Moderate PM2.5 nonattainment areas; (3) the 
review of new major stationary sources or major modifications in a 
designated nonattainment area that may

[[Page 19235]]

have an impact on visibility in any mandatory Class I Federal area in 
accordance with 40 CFR 51.307; (4) SIPs in general as set forth in CAA 
sections 110(a)(2), including 110(a)(2)(A) and 110(a)(2)(E)(i); \10\ 
and (5) SIP revisions as set forth in CAA section 110(l) \11\ and 
193.\12\ Our review evaluated the submittal for compliance with the 
NNSR requirements applicable to nonattainment areas classified as 
Severe for ozone and Moderate for PM2.5, and ensured that 
the submittal addressed the NNSR requirements both the 2008 and 2015 
ozone NAAQS, as well as the 2006 PM2.5 NAAQS. As part of our 
analysis, we reviewed whether Rule 523-1 resolved all the deficiencies 
with the District's NNSR program that formed the basis for the EPA's 
limited disapproval in 2000 in its action on Rule 523.
---------------------------------------------------------------------------

    \10\ CAA section 110(a)(2)(A) requires that regulations 
submitted to the EPA for SIP approval be clear and legally 
enforceable, and CAA section 110(a)(2)(E)(i) requires that states 
have adequate personnel, funding, and authority under state law to 
carry out their proposed SIP revisions.
    \11\ CAA section 110(l) requires SIP revisions to be subject to 
reasonable notice and public hearing prior to adoption and submittal 
by states to EPA and prohibits EPA from approving any SIP revision 
that would interfere with any applicable requirement concerning 
attainment and reasonable further progress, or any other applicable 
requirement of the CAA.
    \12\ CAA section 193 prohibits the modification of any SIP-
approved control requirement in effect before November 15, 1990 in a 
nonattainment area, unless the modification ensures equivalent or 
greater emission reductions of the relevant pollutants.
---------------------------------------------------------------------------

C. Does this rule meet the evaluation criteria?

    With respect to procedural requirements, CAA sections 110(a)(2) and 
110(l) require that revisions to a SIP be adopted by the state after 
reasonable notice and public hearing. Based on our review of the public 
process documentation included in the March 9, 2022 submittal of Rule 
523-1, we find that the District has provided sufficient evidence of 
public notice, opportunity for comment and a public hearing prior to 
adoption and submittal of this rule to the EPA.
    With respect to the substantive requirements found in CAA sections 
110(a)(2)(C), 172(c)(5), 173, 182, 189, and 40 CFR 51.160-51.165, we 
have evaluated Rule 523-1 in accordance with the applicable CAA and 
regulatory requirements that apply to NNSR permit programs under part D 
of title I of the Act for all relevant ozone NAAQS as well as the 2006 
PM2.5 NAAQS. We find that Rule 523-1 satisfies these 
requirements as they apply to sources subject to the NNSR permit 
program requirements for ozone nonattainment areas classified as Severe 
and PM2.5 nonattainment areas classified as Moderate. 
Further, we determined that Rule 523-1 resolved all the deficiencies 
with the District's NNSR program that formed the basis for the EPA's 
limited disapproval in 2000 in its action on Rule 523.
    We have also determined that this rule satisfies the related 
visibility requirements in 40 CFR 51.307. In addition, we have 
determined that Rule 523-1 satisfies the requirement in CAA section 
110(a)(2)(A) that regulations submitted to the EPA for SIP approval be 
clear and legally enforceable and have determined that the submittals 
demonstrate in accordance with CAA section 110(a)(2)(E)(i) that the 
District has adequate personnel, funding, and authority under state law 
to carry out this proposed SIP revision.
    Regarding the additional substantive requirements of CAA sections 
110(l) and 193, our action will result in a more stringent SIP, while 
not relaxing any existing provision contained in the SIP. We have 
concluded that our action would comply with section 110(l) because our 
approval of Rule 523-1 will not interfere with any applicable 
requirement concerning attainment and reasonable further progress, or 
any other CAA applicable requirement. In addition, our approval of Rule 
523-1 will not relax any pre-November 15, 1990 requirement in the SIP, 
and therefore changes to the SIP resulting from this action ensure 
greater or equivalent emission reductions of the nonattainment 
pollutants and their precursors in the District; accordingly, we have 
concluded that our action is consistent with the requirements of CAA 
section 193.
    Our TSD contains a more detailed discussion of our analysis of Rule 
523-1.

III. Proposed Action and Public Comment

    As authorized in section 110(k)(3) of the Act, the EPA is proposing 
to approve the submitted rule because it fulfills all relevant CAA 
requirements, and resolves all deficiencies with the District's NNSR 
program that the EPA identified in our limited disapproval action in 
2000. We have concluded that our approval of the submitted rule would 
comply with the relevant provisions of CAA sections 110(a)(2), 110(l), 
172(c)(5), 173, 182, 189 and 193, and 40 CFR 51.160-51.165 and 40 CFR 
51.307. If we finalize this action as proposed, our action will be 
codified through revisions to 40 CFR 52.220a (Identification of plan-in 
part).
    In conjunction with the EPA's SIP approval of the District's 
visibility provisions for sources subject to the NNSR program as 
meeting the relevant requirements of 40 CFR 51.307, this action would 
also revise the regulatory provision at 40 CFR 52.281(d) concerning the 
applicability of the visibility Federal Implementation Plan (FIP) at 40 
CFR 52.28 as it pertains to California, to provide that this FIP does 
not apply to sources subject to review under the District's SIP-
approved NNSR program.
    We will accept comments from the public on this proposal until May 
1, 2023.

IV. 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 rule listed in Table 1 of this preamble. The rule governs 
the issuance of permits for stationary sources, focusing on the 
preconstruction review and permitting of major sources and major 
modifications under part D of title I of the CAA. The EPA has made, and 
will continue to make, this document available electronically through 
https://www.regulations.gov and in hard copy at the EPA Region IX 
Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    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

[[Page 19236]]

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); and
     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.
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) (E.O. 12898) directs Federal agencies to identify and 
address ``disproportionately high and adverse human health or 
environmental effects'' of their actions on minority populations and 
low-income populations to the greatest extent practicable and permitted 
by law. EPA defines environmental justice (EJ) as ``the fair treatment 
and meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The District did not evaluate environmental justice considerations 
as part of its SIP submittal; the CAA and applicable implementing 
regulations neither prohibit nor require such an evaluation. The EPA 
did not perform an EJ analysis and did not consider EJ in this action. 
Due to the nature of the action being taken here, this action is 
expected to have a neutral to positive impact on the air quality of the 
affected area. Consideration of EJ is not required as part of this 
action, and there is no information in the record inconsistent with the 
stated goal of E.O. 12898 of achieving environmental justice for people 
of color, low-income populations, and Indigenous peoples.
    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 oxides, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: March 24, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023-06563 Filed 3-30-23; 8:45 am]
BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.