Air Quality Plans; California; Tehama County Air Pollution Control District; New Source Review, 20915-20918 [2024-06264]

Download as PDF Federal Register / Vol. 89, No. 59 / Tuesday, March 26, 2024 / Proposed Rules individual whose name or likeness the mark comprises and written consent of the individual, or (ii) a statement that the name or likeness does not identify a living individual (see section 2(c) of the Act); (17) If the applicant owns one or more registrations for the same mark, and the owner(s) last listed in Office records of the prior registration(s) for the same mark differs from the owner(s) listed in the application, a claim of ownership of the registration(s) identified by the registration number(s), pursuant to § 2.36; (18) If the application is a concurrent use application, compliance with § 2.42; (19) An applicant whose domicile is not located within the United States or its territories must designate an attorney as the applicant’s representative, pursuant to § 2.11(a), and include the attorney’s name, postal address, email address, and bar information; and (20) Correctly classified goods and/or services, with an identification of goods and/or services from the Office’s Acceptable Identification of Goods and Services Manual within the electronic form. (b) If an application fails to satisfy any of the requirements of paragraph (a)(1)(19) of this section, the applicant must pay the fee required by § 2.6(a)(1)(iv). (c) If an application fails to satisfy the requirements of paragraph (a)(20) of this section, the applicant must pay the fee required by § 2.6(a)(1)(v). (d) If an application fails to satisfy the requirements of paragraph (a)(20) of this section, and the identification of goods and/or services in any class exceeds 1,000 characters, the applicant must pay the fee required by § 2.6(a)(1)(vi) for each affected class. ■ 4. Section 2.71 is amended by: ■ a. Revising introductory text, ■ b. Redesignating paragraph (a) as paragraph (a)(1); and ■ c. Adding paragraph (a)(2). The revisions read as follows: ddrumheller on DSK120RN23PROD with PROPOSALS1 § 2.71 Amendments to correct informalities. The applicant may amend the application during the course of examination, when required by the Office or for other reasons: (a)(1) The applicant may amend the application to clarify or limit, but not to broaden, the identification of goods and/or services or the description of the nature of the collective membership organization. (2) An amendment to the identification of goods and/or services that results in the identification exceeding 1,000 characters in any class VerDate Sep<11>2014 17:01 Mar 25, 2024 Jkt 262001 is subject to payment of the fee required by § 2.6(a)(1)(vi) for each affected class. * * * * * PART 7—RULES OF PRACTICE IN FILINGS PURSUANT TO THE PROTOCOL RELATING TO THE MADRID AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF MARKS 20915 (ii) For correcting a deficiency in a section 71 affidavit filed electronically—$100.00. * * * * * Katherine Kelly Vidal, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. 2024–06186 Filed 3–25–24; 8:45 am] BILLING CODE 3510–16–P 1. The authority citation for 37 CFR part 7 continues to read as follows: ■ Authority: 15 U.S.C. 1123, 35 U.S.C. 2, Pub. L. 116–260, 134 Stat. 1182, unless otherwise noted. 2. Section 7.6 is amended by revising paragraphs (a)(1)(ii), (2)(ii), (3)(ii), (4)(ii), (5)(ii), (6)(i), (ii) and (iv), (7)(ii), and (8)(ii) to read as follows: ■ § 7.6 Schedule of U.S. process fees. (a) * * * (1) * * * (ii) For certifying an international application based on a single basic application or registration filed electronically, per class—$100.00. (2) * * * (ii) For certifying an international application based on more than one basic application or registration filed electronically, per class—$150.00. (3) * * * (ii) For transmitting a subsequent designation under § 7.21, filed electronically—$100.00. (4) * * * (ii) For transmitting a request to record an assignment or restriction, or release of a restriction, under § 7.23 or § 7.24 filed electronically—$100.00. (5) * * * (ii) For filing a notice of replacement under § 7.28 electronically, per class— $100.00. (6) * * * (i) For filing an affidavit under section 71 of the Act on paper, per class— $400.00. (ii) For filing an affidavit under section 71 of the Act electronically, per class—$300.00. * * * * * (iv) For deleting goods, services, and/ or classes after submission and prior to acceptance of an affidavit under section 71 of the Act electronically, per class— $250.00. (7) * * * (ii) Surcharge for filing an affidavit under section 71 of the Act during the grace period electronically, per class— $100.00. (8) * * * PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2022–0526; FRL–10286– 01–R9] Air Quality Plans; California; Tehama County Air Pollution Control District; New Source Review Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing approval of a revision to the Tehama County Air Pollution Control District’s (TCAPCD or ‘‘District’’) portion of the California State Implementation Plan (SIP). This revision governs the District’s issuance of permits for stationary sources and focuses 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 April 25, 2024. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2022–0526 at https:// www.regulations.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information 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, SUMMARY: E:\FR\FM\26MRP1.SGM 26MRP1 20916 Federal Register / Vol. 89, No. 59 / Tuesday, March 26, 2024 / Proposed Rules cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. If you need assistance in a language other than English or if you are a person with disabilities who needs a reasonable accommodation at no cost to you, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Manny Aquitania, EPA Region IX, 75 Hawthorne St., San Francisco, CA 94105; by phone: (415) 972–3977; or by email to aquitania.manny@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. Are there other versions of this rule? C. What is the purpose of the submitted rule? II. The EPA’s Evaluation and Action A. What is the background for this proposal? B. How is the EPA evaluating the rule? C. Does the rule meet the evaluation criteria? D. Proposed Action and Public Comment III. Incorporation by Reference IV. 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 it was adopted by the District and the date it was submitted to the EPA by the California Air Resources Board (CARB or ‘‘the State’’). The TCAPCD is the air pollution control agency for Tehama County in California. TABLE 1—SUBMITTED RULE District Rule or regulation No. Tehama County APCD ..... Rule 2:3C ......................... On November 11, 2023, the submittal for Rule 2:3C 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. B. Are there other versions of this rule? There are no previous versions of Rule 2:3C in the California SIP. C. What is the purpose of the submitted rule? Rule 2:3C is intended to address the CAA’s statutory and regulatory requirements for Nonattainment New Source Review (NNSR) permit programs for major sources emitting nonattainment air pollutants and their precursors. II. The EPA’s Evaluation and Action ddrumheller on DSK120RN23PROD with PROPOSALS1 A. What is the background for this proposal? The EPA’s May 2012 designation of the Tuscan Buttes area of the TCAPCD as a nonattainment area for the 2008 ozone National Ambient Air Quality Standards (NAAQS) 2 triggered the requirement for the District to develop and submit a NNSR program to the EPA for SIP approval. CAA section 172(b) and 40 CFR 51.1114. Because Tehama County is designated (in part) and 1 The submittal was transmitted to the EPA via a letter from CARB dated May 10, 2023. On December 5, 2023, CARB submitted a corrected version of Rule 2:3C, as the copy of the clean version of the rule that had been included in the May 11, 2023 SIP submittal did not include its adoption date and also contained an additional formatting error, and thus did not reflect the final rule that had been adopted on February 28, 2023. 2 77 FR 30088, 30109 (May 21, 2012); see 40 CFR 81.305. VerDate Sep<11>2014 17:01 Mar 25, 2024 Jkt 262001 Rule title Adopted New and Modified Major Sources in the Tuscan Buttes Nonattainment Areas. 02/28/23 Submitted 1 05/11/23 classified as Marginal nonattainment for the 2008 ozone NAAQS, the District’s NNSR program must satisfy the NNSR requirements applicable to Marginal ozone nonattainment areas. See 40 CFR 51.1102. As Tehama County (partial, Tuscan Buttes area) is also designated and classified as Marginal nonattainment (Rural Transport) for the 2015 ozone NAAQS,3 TCAPCD’s NNSR program is also required to satisfy the NNSR requirements applicable to Marginal ozone nonattainment areas for purposes of the 2015 ozone NAAQS. See 40 CFR 51.1302, 51.1314.4 Additional information regarding the District’s ozone nonattainment status and attainment/nonattainment designations for other criteria pollutants is included in our Technical Support Document (TSD), which may be found in the docket for this rule. as applicable in Marginal ozone nonattainment areas; (3) the review of new major stationary sources or major modifications in a designated nonattainment area that may 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 section 110(a)(2), including 110(a)(2)(A) and 110(a)(2)(E)(i); 5 and (5) SIP revisions as set forth in CAA section 110(l) 6 and 193.7 Our review evaluated the submittal for compliance with the NNSR requirements applicable to Marginal ozone nonattainment areas, and ensured that the submittal addressed the NNSR requirements for the 2008 and 2015 ozone NAAQS. B. How is the EPA evaluating the rule? The EPA reviewed Rule 2:3C 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) and 173; (2) the review and modification of major sources in accordance with 40 CFR 51.160–51.165 With respect to procedural requirements, CAA sections 110(a)(2) and 110(l) require that revisions to a SIP 3 83 FR 25776, 25791 (June 4, 2018); see 40 CFR 81.305. 4 The EPA’s determination that the Tuscan Buttes nonattainment area in Tehama County had attained the 2008 and 2015 ozone NAAQS by the applicable attainment dates 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. See 81 FR 26697 (May 4, 2016); 87 FR 63698 (Oct. 20. 2022); 40 CFR 51.1118; 40 CFR 51.1318. PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 C. Does the rule meet the evaluation criteria? 5 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. 6 CAA section 110(l) requires SIP revisions to be subject to reasonable notice and public hearing prior to adoption and submittal by states to the EPA and prohibits the 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. 7 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. E:\FR\FM\26MRP1.SGM 26MRP1 ddrumheller on DSK120RN23PROD with PROPOSALS1 Federal Register / Vol. 89, No. 59 / Tuesday, March 26, 2024 / Proposed Rules be adopted by the state after reasonable notice and public hearing. Based on our review of the public process documentation included in the May 11, 2023, submittal of Rule 2:3C, we find that the TCAPCD 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 172(c)(5) and 173, and 40 CFR 51.160– 51.165, we have evaluated TCAPCD Rule 2:3C 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. We find that Rule 2:3C satisfies these requirements as they apply to sources subject to the NNSR permit program requirements applicable to Marginal ozone nonattainment areas. We have also determined that this rule satisfies the related visibility requirements in 40 CFR 51.307. In addition, we have determined that Rule 2:3C 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 submittal demonstrates 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. Our TSD contains a more detailed discussion of our analysis of Rule 2:3C. 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 TCAPCD Rule 2:3C 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 2:3C will not relax any preNovember 15, 1990 requirement in the SIP, and therefore changes to the SIP resulting from this action ensure greater or equivalent emission reductions of ozone and its precursors in the District; accordingly, we have concluded that our action is consistent with the requirements of CAA section 193. D. Proposed Action and Public Comment As authorized in section 110(k)(3) of the Act, the EPA proposes to approve the submitted rule because it fulfills all relevant requirements. VerDate Sep<11>2014 17:01 Mar 25, 2024 Jkt 262001 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, 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 52.220 (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 April 25, 2024. III. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference Rule 2:3C, ‘‘New and Modified Major Sources in the Tuscan Buttes Nonattainment Areas,’’ adopted on February 28, 2023. Rule 2:3C is intended to address the CAA’s statutory and regulatory requirements for Nonattainment New Source Review permit programs for major sources emitting nonattainment air pollutants and their precursors under part D of title I of the CAA. The EPA has made, and will continue to make, these materials available through https:// www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this proposed action merely proposes to approve state law as meeting federal requirements and does not impose additional requirements PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 20917 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 14094 (88 FR 21879, April 11, 2023); • 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 subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it proposes to approve a state program; • 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. 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). Executive Order 12898 (Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations, 59 FR 7629, February 16, 1994) 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. The 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.’’ The EPA E:\FR\FM\26MRP1.SGM 26MRP1 20918 Federal Register / Vol. 89, No. 59 / Tuesday, March 26, 2024 / Proposed Rules 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 State 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. 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. List of Subjects in 40 CFR Part 52 Environmental protection, Administrative practice and procedure, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and recordkeeping requirements, and Volatile organic compounds. Dated: March 15, 2024. Martha Guzman Aceves, Regional Administrator, Region IX. I. General Information [FR Doc. 2024–06264 Filed 3–25–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 716 [EPA–HQ–OPPT–2023–0360; FRL–11164– 01–OCSPP] RIN 2070–AL15 Certain Existing Chemicals; Request To Submit Unpublished Health and Safety Data Under the Toxic Substances Control Act (TSCA) Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA or the Agency) is proposing to require manufacturers (including importers) of 16 chemical substances to submit copies and lists of certain unpublished health and safety studies to EPA. Health and safety studies sought by this action will help inform EPA’s responsibilities pursuant to TSCA, including prioritization, risk evaluation, and risk management. ddrumheller on DSK120RN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 17:01 Mar 25, 2024 Jkt 262001 Comments must be received on or before May 28, 2024. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPPT–2023–0360, through https://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at https://www.epa.gov/. FOR FURTHER INFORMATION CONTACT: For technical information contact: Lameka Smith, Data Gathering and Analysis Division (7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (202) 564–1629; email address: smith.lameka@epa.gov. For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554– 1404; email address: TSCA-Hotline@ epa.gov. SUPPLEMENTARY INFORMATION: DATES: A. Does this action apply to me? You may be potentially affected by this action if you manufacture (including import) chemical substances and mixtures. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: • Chemical manufacturing (NAICS code 325); • Petroleum refineries (NAICS code 324110); and • Tire manufacturing (NAICS code 32621). This action may also affect manufacturers of substances for commercial purposes that coincidentally produce the substance during the manufacture, processing, use, or disposal of another substance or mixture, including byproducts and impurities. Such byproducts and impurities may, or may not, in themselves have commercial value. They are nonetheless produced for the purpose of obtaining a commercial advantage since they are part of the manufacture of a chemical product for a commercial purpose. PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 B. What action is the Agency taking? EPA is proposing to require manufacturers of chemical substances listed in this document to submit copies and lists of certain unpublished health and safety studies to EPA. This proposed rule is intended to provide EPA with useful information for prioritization, risk evaluations, and risk management under TSCA section 6 regarding the chemical substances discussed below. This action lists the chemical substances and their Chemical Abstracts Service Registry Numbers (CASRNs) that would be added to 40 CFR 716. It also lists proposed specific data reporting requirements. C. What is the Agency’s authority for taking this action? EPA promulgated the Health and Safety Data Reporting Rule that is codified at 40 CFR part 716 under TSCA section 8(d) (15 U.S.C. 2607(d)). EPA is proposing this rule under its authority in TSCA section 8(d) to require the submission of health and safety studies, and lists of studies, regarding certain chemical substances. D. What are the estimated incremental impacts of this action? EPA prepared an economic analysis of the impacts associated with the proposed addition of the 16 chemical substances to the TSCA section 8(d) Health and Safety Data Reporting rule, titled, ‘‘TSCA Section 8(d): Economic Impact Analysis for Adding 16 Chemicals to the Health and Safety Data Reporting Rule’’ (Ref. 1). This economic analysis is available in the docket and is summarized here. EPA estimates that the costs of this action will be approximately $301,956 in the first year of reporting, with 3,388 estimated paperwork burden hours. In addition, EPA has determined that, of the 44 small businesses affected by this action, 1 is estimated to incur a maximum annualized cost impact of more than 1% of revenues. Thus, this action is not expected to have a significant adverse economic impact on a substantial number of small entities as further discussed in Unit IV.C. E. What should I consider as I prepare my comments for EPA? 1. Submitting CBI. Do not submit CBI to EPA through https:// www.regulations.gov or email. If you wish to include CBI in your comment, please follow the applicable instructions at https://www.epa.gov/dockets/ commenting-epa-dockets#rules and clearly mark the part or all of the information that you claim to be CBI. In addition to one complete version of the E:\FR\FM\26MRP1.SGM 26MRP1

Agencies

[Federal Register Volume 89, Number 59 (Tuesday, March 26, 2024)]
[Proposed Rules]
[Pages 20915-20918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06264]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0526; FRL-10286-01-R9]


Air Quality Plans; California; Tehama County Air Pollution 
Control District; New Source Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
approval of a revision to the Tehama County Air Pollution Control 
District's (TCAPCD or ``District'') portion of the California State 
Implementation Plan (SIP). This revision governs the District's 
issuance of permits for stationary sources and focuses 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 April 25, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0526 at https://www.regulations.gov. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information 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,

[[Page 20916]]

cloud, or other file sharing system). For additional submission 
methods, please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. If you need assistance in a language other than 
English or if you are a person with disabilities who needs a reasonable 
accommodation at no cost to you, please contact the person identified 
in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Manny Aquitania, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105; by phone: (415) 972-3977; 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. Are there other versions of this rule?
    C. What is the purpose of the submitted rule?
II. The EPA's Evaluation and Action
    A. What is the background for this proposal?
    B. How is the EPA evaluating the rule?
    C. Does the rule meet the evaluation criteria?
    D. Proposed Action and Public Comment
III. Incorporation by Reference
IV. 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 it was adopted by the District and the date it was submitted to 
the EPA by the California Air Resources Board (CARB or ``the State''). 
The TCAPCD is the air pollution control agency for Tehama County in 
California.

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
                                    Rule or regulation
             District                      No.                 Rule title             Adopted      Submitted \1\
----------------------------------------------------------------------------------------------------------------
Tehama County APCD...............  Rule 2:3C..........  New and Modified Major          02/28/23        05/11/23
                                                         Sources in the Tuscan
                                                         Buttes Nonattainment
                                                         Areas.
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    On November 11, 2023, the submittal for Rule 2:3C 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.
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    \1\ The submittal was transmitted to the EPA via a letter from 
CARB dated May 10, 2023. On December 5, 2023, CARB submitted a 
corrected version of Rule 2:3C, as the copy of the clean version of 
the rule that had been included in the May 11, 2023 SIP submittal 
did not include its adoption date and also contained an additional 
formatting error, and thus did not reflect the final rule that had 
been adopted on February 28, 2023.
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B. Are there other versions of this rule?

    There are no previous versions of Rule 2:3C in the California SIP.

C. What is the purpose of the submitted rule?

    Rule 2:3C is intended to address the CAA's statutory and regulatory 
requirements for Nonattainment New Source Review (NNSR) permit programs 
for major sources emitting nonattainment air pollutants and their 
precursors.

II. The EPA's Evaluation and Action

A. What is the background for this proposal?

    The EPA's May 2012 designation of the Tuscan Buttes area of the 
TCAPCD as a nonattainment area for the 2008 ozone National Ambient Air 
Quality Standards (NAAQS) \2\ triggered the requirement for the 
District to develop and submit a NNSR program to the EPA for SIP 
approval. CAA section 172(b) and 40 CFR 51.1114. Because Tehama County 
is designated (in part) and classified as Marginal nonattainment for 
the 2008 ozone NAAQS, the District's NNSR program must satisfy the NNSR 
requirements applicable to Marginal ozone nonattainment areas. See 40 
CFR 51.1102. As Tehama County (partial, Tuscan Buttes area) is also 
designated and classified as Marginal nonattainment (Rural Transport) 
for the 2015 ozone NAAQS,\3\ TCAPCD's NNSR program is also required to 
satisfy the NNSR requirements applicable to Marginal ozone 
nonattainment areas for purposes of the 2015 ozone NAAQS. See 40 CFR 
51.1302, 51.1314.\4\
---------------------------------------------------------------------------

    \2\ 77 FR 30088, 30109 (May 21, 2012); see 40 CFR 81.305.
    \3\ 83 FR 25776, 25791 (June 4, 2018); see 40 CFR 81.305.
    \4\ The EPA's determination that the Tuscan Buttes nonattainment 
area in Tehama County had attained the 2008 and 2015 ozone NAAQS by 
the applicable attainment dates 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. See 81 FR 26697 (May 4, 2016); 87 FR 
63698 (Oct. 20. 2022); 40 CFR 51.1118; 40 CFR 51.1318.
---------------------------------------------------------------------------

    Additional information regarding the District's ozone nonattainment 
status and attainment/nonattainment designations for other criteria 
pollutants is included in our Technical Support Document (TSD), which 
may be found in the docket for this rule.

B. How is the EPA evaluating the rule?

    The EPA reviewed Rule 2:3C 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) and 173; (2) the 
review and modification of major sources in accordance with 40 CFR 
51.160-51.165 as applicable in Marginal ozone nonattainment areas; (3) 
the review of new major stationary sources or major modifications in a 
designated nonattainment area that may 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 section 110(a)(2), including 
110(a)(2)(A) and 110(a)(2)(E)(i); \5\ and (5) SIP revisions as set 
forth in CAA section 110(l) \6\ and 193.\7\ Our review evaluated the 
submittal for compliance with the NNSR requirements applicable to 
Marginal ozone nonattainment areas, and ensured that the submittal 
addressed the NNSR requirements for the 2008 and 2015 ozone NAAQS.
---------------------------------------------------------------------------

    \5\ 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.
    \6\ CAA section 110(l) requires SIP revisions to be subject to 
reasonable notice and public hearing prior to adoption and submittal 
by states to the EPA and prohibits the 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.
    \7\ 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 the rule meet the evaluation criteria?

    With respect to procedural requirements, CAA sections 110(a)(2) and 
110(l) require that revisions to a SIP

[[Page 20917]]

be adopted by the state after reasonable notice and public hearing. 
Based on our review of the public process documentation included in the 
May 11, 2023, submittal of Rule 2:3C, we find that the TCAPCD 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 
172(c)(5) and 173, and 40 CFR 51.160-51.165, we have evaluated TCAPCD 
Rule 2:3C 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. We find that Rule 2:3C 
satisfies these requirements as they apply to sources subject to the 
NNSR permit program requirements applicable to Marginal ozone 
nonattainment areas. We have also determined that this rule satisfies 
the related visibility requirements in 40 CFR 51.307. In addition, we 
have determined that Rule 2:3C 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 submittal 
demonstrates 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. Our TSD contains a more 
detailed discussion of our analysis of Rule 2:3C.
    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 TCAPCD Rule 2:3C 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 
2:3C 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 ozone and its precursors 
in the District; accordingly, we have concluded that our action is 
consistent with the requirements of CAA section 193.

D. Proposed Action and Public Comment

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
approve the submitted rule because it fulfills all relevant 
requirements.
    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, 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 52.220 (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 
April 25, 2024.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference Rule 2:3C, ``New and Modified Major Sources in the Tuscan 
Buttes Nonattainment Areas,'' adopted on February 28, 2023. Rule 2:3C 
is intended to address the CAA's statutory and regulatory requirements 
for Nonattainment New Source Review permit programs for major sources 
emitting nonattainment air pollutants and their precursors under part D 
of title I of the CAA. The EPA has made, and will continue to make, 
these materials available through https://www.regulations.gov and at 
the EPA Region IX Office (please contact the person identified in the 
FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed action merely proposes to approve state law 
as meeting federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it proposes to approve a state program;
     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.
    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).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) 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. 
The 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.'' The EPA

[[Page 20918]]

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 State 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. 
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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Intergovernmental 
relations, Nitrogen oxides, Ozone, Reporting and recordkeeping 
requirements, and Volatile organic compounds.

    Dated: March 15, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-06264 Filed 3-25-24; 8:45 am]
BILLING CODE 6560-50-P
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