Air Plan Approval; California; Mojave Desert Air Quality Management District, 57819-57823 [2024-14786]
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Federal Register / Vol. 89, No. 136 / Tuesday, July 16, 2024 / Proposed Rules
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BILLING CODE 6001–FR–P
ENVIRONMENTAL PROTECTION
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40 CFR Part 52
[EPA–R09–OAR–2024–0209; FRL–11948–
01–R9]
Air Plan Approval; California; Mojave
Desert Air Quality Management District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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Table of Contents
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Mojave Desert Air
Quality Management District
(MDAQMD or ‘‘District’’) portion of the
California State Implementation Plan
(SIP). The revisions concern
recodification of prohibitory and
administrative rules used by the District
to regulate air pollutants under the
Clean Air Act (CAA or the Act). The
SUMMARY:
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EPA is proposing to update the
California SIP to reflect the recodified
rules. The EPA is taking comments on
this proposal and plans to follow with
a final action.
DATES: Comments must be received on
or before August 15, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2024–0209 at https://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. If you need
assistance in a language other than
English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: La
Kenya Evans-Hopper, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3245 or by
email at evanshopper.lakenya@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
I. The State’s Submittal
A. What is the background for this
proposed action?
B. What rules did the State submit to
rescind or replace?
C. Are there other versions of the rules?
D. What is the purpose of the submitted
rule revisions?
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rules?
B. Do the rules meet the evaluation
criteria?
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57819
C. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What is the background for this
proposed action?
Under the CAA, the EPA has
established National Ambient Air
Quality Standards (NAAQS) for certain
pervasive air pollutants, including,
among others, ozone and particulate
matter (PM). Under CAA section 110(a),
states are required to adopt and submit
SIPs to implement, maintain, and
enforce the NAAQS. Under CAA section
107(d), the EPA has designated all areas
of the country as attainment,
nonattainment, or unclassifiable for the
NAAQS. Areas designated as
nonattainment must adopt and submit
SIP revisions that, among other things,
provide for attainment of the NAAQS by
the applicable attainment date.
The MDAQMD regulates sources of
air pollution within California’s
‘‘Mojave Desert Air Basin,’’ which lies
within the previously-designated
‘‘Southeast Desert Air Basin.’’ 1 The
MDAQMD’s jurisdiction includes the
desert portion of San Bernardino County
and the far eastern portion of Riverside
County. The EPA has designated two
areas in the San Bernardino County
portion of the District as nonattainment
areas for PM equal to or less than 10
microns in diameter (PM10): (1) the
Trona planning area, located in the
northwestern portion of the county, and
(2) the larger San Bernardino
nonattainment area that covers the
remaining portion of San Bernardino
County regulated by the MDAQMD,
excluding the Trona planning area.2 A
portion of San Bernardino County
within the District is also in the West
Mojave Desert ozone nonattainment
area.3 The Riverside County portion of
the District is designated as
unclassifiable/attainment for all the
NAAQS.
In 1972, when the original California
SIP was submitted and approved by the
EPA, the San Bernardino County Air
Pollution Control District (SBCAPCD)
had jurisdiction over stationary sources
within all of San Bernardino County. On
1 The two air basins are described in the
California Air Resources Board’s (CARB’s) Initial
Statement of Reasons for Proposed Rulemaking,
Proposed Amendments to Divide the Southeast
Desert Air Basin and to Modify the Boundary of the
South Coast Air Basin and Proposed Amendments
to the Related Agricultural Burning Regulations,
April 1996.
2 40 CFR 81.305—‘‘California—PM–10’’ table of
area designations.
3 40 CFR 81.305. The West Mojave Desert ozone
nonattainment area also includes the Antelope
Valley portion of Los Angeles County.
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July 16, 1975, the Los Angeles County
Air Pollution Control District
(LACAPCD), Orange County Air
Pollution Control District (OCAPCD),
Riverside County Air Pollution Control
District (RCAPCD), and SBCAPCD were
unified into the Southern California Air
Pollution Control District (SoCalAPCD).
On February 1, 1977, California split the
SoCalAPCD into four agencies. The
western coastal area became regulated
by the South Coast Air Quality
Management District (SCAQMD) and
the remaining eastern desert portions of
Los Angeles, San Bernardino, and
Riverside Counties were separated back
into air pollution control districts for
each county (i.e., LACAPCD, SBCAPCD,
and RCAPCD). The original jurisdiction
of the SCAQMD covered an area
referred to as the ‘‘South Coast Air
Basin’’ that included all of Orange
County and the western non-desert
portions of Los Angeles, Riverside, and
San Bernardino Counties. The
jurisdiction of the LACAPCD,
SBCAPCD, and RCAPCD extended over
County portion of the District; and rules
adopted by the RCAPCD, SoCalAPCD or
the SCAQMD only apply in the
Riverside County portion of the District.
a portion of an air basin referred to as
the ‘‘Southeast Desert Air Basin.’’ 4
The Southeast Desert Air Basin
portion of Riverside County was added
to the SCAQMD on December 1, 1977.
Effective December 1, 1977, under state
law, all SCAQMD Rules and Regulations
became applicable within the Southeast
Desert portion of Riverside County.5 In
1982, the applicability of SCAQMD
rules that had been approved as part of
the California SIP was extended to the
Southeast Desert portion of Riverside
County.6 On July 1, 1993, the SBCAPCD
was re-formed as the MDAQMD. On
July 1, 1994, the Palo Verde Valley area
in far eastern Riverside County (and that
is a part of the Southeast Desert portion
of Riverside County) left the SCAQMD
and joined the MDAQMD.7
An outgrowth of the complicated
regulatory history of the MDAQMD is
that the applicable SIP for the area the
District regulates consists of a mixture
of rules from current and former
agencies. Rules adopted by MDAQMD
apply District-wide; SBCAPCD rules
apply only in the San Bernardino
B. What rules did the State submit to
rescind or replace?
This proposal covers portions of SIP
revisions submitted by the California
Air Resources Board (CARB) to the EPA
on September 23, 2022,8 November 30,
2022,9 May 11, 2023,10 and October 13,
2023.11 Table 1 lists the MDAQMD rules
that were submitted for inclusion in the
SIP with the date each rule was adopted
and then submitted by CARB.12 When
these rules were submitted, CARB also
requested rescission of the analogous
rules in the SIP that were adopted by
SCAQMD 13 and apply within the
Riverside County portion of the District.
Table 2 lists the rules to be rescinded by
this action with the dates that they were
adopted by SCAQMD, approved by the
EPA (with the associated Federal
Register citations), subsequently
rescinded by MDAQMD, and then
submitted by CARB for rescission.
TABLE 1—SUBMITTED RULES
Local agency
Rule title
Adopted/amended/
revised date
Reporting of Source Test Data and
Analyses.
Particulate Matter—Concentration ..........
Solid Particulate Matter—Weight ............
Liquid and Gaseous Air Contaminants ...
Circumvention .........................................
Combustion Contaminants ......................
Labeling of Solvents ...............................
Sulfur Recovery Units .............................
Sulfuric Acid Units ...................................
Reduction of Animal Matter ....................
December 19, 1988
October 13, 2023.
July
July
July
July
July
July
July
July
July
May 11, 2023.
May 11, 2023.
September 23, 2022.
May 11, 2023.
May 11, 2023.
May 11, 2023.
November 30, 2022.
November 30, 2022.
May 11, 2023.
Rule No.
MDAQMD ................
104
MDAQMD
MDAQMD
MDAQMD
MDAQMD
MDAQMD
MDAQMD
MDAQMD
MDAQMD
MDAQMD
404
405
407
408
409
443
468
469
472
................
................
................
................
................
................
................
................
................
25,
25,
25,
25,
25,
25,
25,
25,
25,
1977
1977
1977
1977
1977
1977
1977
1977
1977
Submittal date
..........
..........
..........
..........
..........
..........
..........
..........
..........
TABLE 2—SUBMITTED RULE RESCISSIONS
Local
agency
Title
Adopted/amended/
revised date
SIP approval date and
FR citation
Date of
rescission by
MDAQMD
SCAQMD Rule 104
Reporting of Source Test Data and
Analyses.
Circumvention .......................................
Labeling of Solvents .............................
Sulfur Recovery Units ...........................
Sulfuric Acid Units .................................
January 9, 1976 ....
June 14, 1978, 43 FR 25684 ...
April 24, 2023 ...........
October 13, 2023.
May 7, 1976 ..........
January 1, 1977 ....
October 8, 1976 ....
October 8, 1976 ....
June
June
June
June
April 25, 2022 ...........
October 24, 2022 ......
August 22, 2022 .......
August 22, 2022 .......
May 11, 2023.
May 11, 2023.
November 30, 2022.
November 30, 2022.
SCAQMD
SCAQMD
SCAQMD
SCAQMD
Rule
Rule
Rule
Rule
408
443
468
469
4 43
FR 25684 (June 14, 1978).
dated August 11, 1980, from Gary
Rubenstein, Deputy Executive Officer, CARB to
Paul DeFalco, Jr., EPA Regional Administrator—
approved at 47 FR 25013 (June 9, 1982).
6 47 FR 25013 (June 9, 1982).
7 The Palo Verde Valley portion of the MDAQMD
covers an area approximately 30 miles wide along
the eastern boundary of the county adjoining the
State of Arizona.
8 CARB submitted the SIP revision electronically
on September 23, 2022, as an enclosure to a
transmittal letter of the same date.
9 CARB submitted the SIP revision electronically
on November 30, 2022, as an enclosure to a
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5 Letter
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14,
14,
14,
14,
1978,
1978,
1978,
1978,
43
43
43
43
FR
FR
FR
FR
25684
25684
25684
25684
transmittal letter dated November 22, 2022. CARB
later clarified that, in addition to the rule
rescissions requested for SCAQMD Rules 468 and
468, the November 30, 2022 submission was also
intended to include the submission of replacement
rules, MDAQMD Rules 468, ‘‘Sulfur Recovery
Units’’ and 469, ‘‘Sulfuric Acid Units.’’ See CARB
email dated April 4, 2024, from Ariel Fideldy
(CARB) to Jefferson Wehling (EPA), Subject: ‘‘CARB
Clarification regarding November 30, 2022
submittal of MDAQMD Rules.’’
10 CARB submitted the SIP revision electronically
on May 11, 2023, as an enclosure to a transmittal
letter dated May 10, 2023.
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...
...
...
...
Submittal date
11 CARB submitted the SIP revision electronically
on October 13, 2023, as an enclosure to a
transmittal letter of the same date.
12 These rules have adoption dates prior to the
formation of the MDAQMD because the rules were
not revised or amended when the MDAQMD was
formed and first adopted its rulebook. The rules
were SBCAPCD rules and were merely recodified as
being MDAQMD rules that apply District-wide.
13 The versions of SCAQMD Rules 104, 408, 443,
468, 469 and 472 that are currently part of the
applicable SIP for the Riverside County portion of
the MDAQMD were adopted by the SoCalAPCD,
rather than the SCAQMD.
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TABLE 2—SUBMITTED RULE RESCISSIONS—Continued
Local
agency
Title
Adopted/amended/
revised date
SIP approval date and
FR citation
Date of
rescission by
MDAQMD
SCAQMD Rule 472
Reduction of Animal Matter ..................
May 7, 1976 ..........
June 14, 1978, 43 FR 25684 ...
August 22, 2022 .......
The September 23, 2022, November
30, 2022, May 11, 2023, and October 13,
2023 SIP submissions were deemed
complete by operation of law with
respect to the completeness criteria in
40 CFR part 51, appendix V on March
23, 2023, May 30, 2023, November 11,
2023, and April 13, 2024, respectively.
C. Are there other versions of the rules?
We approved earlier versions of the
rules listed in Table 1 when they were
adopted and submitted by the
MDAQMD’s predecessor agency, the
SBCAPCD. Table 3 lists the previously
SIP-approved rules along with their
Submittal date
May 11, 2023.
local adoption dates and EPA approval
citations. If we finalize this action as
proposed, the SBCAPCD rules in Table
3 will be superseded in the applicable
SIP by the corresponding MDAQMD
rules listed in Table 1.
TABLE 3—SIP RULES TO BE SUPERSEDED UPON APPROVAL OF SUBMITTED RULES LISTED IN TABLE 1
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Local agency
Rule No.
SBCAPCD ..............
104
SBCAPCD
SBCAPCD
SBCAPCD
SBCAPCD
SBCAPCD
SBCAPCD
SBCAPCD
SBCAPCD
SBCAPCD
404
405
407
408
409
443
468
469
472
..............
..............
..............
..............
..............
..............
..............
..............
..............
Reporting of Source Test Data and
Analyses.
Particulate Matter—Concentration ........
Solid Particulate Matter—Weight ..........
Liquid and Gaseous Air Contaminants
Circumvention .......................................
Combustion Contaminants ....................
Labeling of Solvents ..............................
Sulfur Recovery Units ...........................
Sulfuric Acid Units .................................
Reduction of Animal Matter ..................
D. What is the purpose of the submitted
rule revisions?
Emissions of volatile organic
compounds (VOCs) and oxides of
nitrogen (NOX) contribute to the
production of ground-level ozone and
smog which harm human health and the
environment. Emissions of PM,
including PM equal to or less than 2.5
microns in diameter (PM2.5) and PM10,
contribute to effects that are harmful to
human health and the environment,
including premature mortality,
aggravation of respiratory and
cardiovascular disease, decreased lung
function, visibility impairment, and
damage to vegetation and ecosystems.
Section 110(a) of the CAA requires
states to submit regulations that control
emissions of criteria air pollutants or
their precursors, including NOX, VOCs,
and PM, as part of the SIP. Over the
years, MDAQMD’s predecessor agency,
the SBCAPCD, adopted many
administrative and prohibitory rules to
meet SIP requirements, including those
that are the subject of this proposed
action, for the San Bernardino County
portion of the MDAQMD. The RCAPCD,
SoCalAPCD, and SCAQMD did the same
for the Riverside County portion of the
MDAQMD. However, the SBCAPCD,
RCAPCD, and SoCalAPCD no longer
exist, and SCAQMD no longer has
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Adopted/
amended/
revised date
Rule title
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December 19, 1988 ....
November 27, 1990, 55 FR 49281.
July 25, 1977 ...............
July 25, 1977 ...............
February 1, 1977 .........
February 1, 1977 .........
February 1, 1977 .........
February 1, 1977 .........
February 1, 1977 .........
February 1, 1977 .........
February 1, 1977 .........
December 21, 1978, 43 FR 59489.
December 21, 1978, 43 FR 59489.
September 8, 1978, 43 FR 40011.
September 8, 1978, 43 FR 40011.
September 8, 1978, 43 FR 40011.
September 8, 1978, 43 FR 40011.
September 8, 1978, 43 FR 40011.
September 8, 1978, 43 FR 40011.
September 8, 1978, 43 FR 40011.
jurisdiction in the areas currently
regulated by the MDAQMD. The
purpose of the SIP submissions for
which action is proposed is to align the
SIP versions of the rules with those that
are in effect in the MDAQMD.
The EPA’s technical support
document (TSD) has more information
about these rules.
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rules?
Under CAA section 110(l), SIP
revisions must be adopted by the state,
and the state must provide reasonable
public notice and hearing prior to
adoption.14 Rules in the SIP must be
enforceable (see CAA section 110(a)(2)),
must not interfere with applicable
requirements concerning attainment and
reasonable further progress or other
CAA requirements (see CAA section
110(l)), and must not modify certain SIP
control requirements in nonattainment
areas without ensuring equivalent or
greater emissions reductions (see CAA
section 193).
In ozone nonattainment areas
classified as Moderate or above, the
14 We have reviewed the SIP submissions covered
in this proposed action for compliance with CAA
procedural requirements and found that all such
requirements have been met.
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SIP approval date and FR citation
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CAA requires implementation of
Reasonably Available Control
Technology (RACT) for each category of
sources covered by a Control
Techniques Guidelines (CTG) document
as well as each major source of VOCs
and NOX (see CAA section 182(b)(2)).
This requirement applies in the portion
of San Bernardino County that lies
within the ‘‘West Mojave Desert’’
nonattainment area that is classified as
Severe for the 2008 and 2015 ozone
NAAQS.15 States must also implement
reasonably available control measures
(RACM), including RACT, in Moderate
PM2.5 or PM10 nonattainment areas (see
CAA sections 172(c)(1) and
189(a)(1)(C)). The MDAQMD regulates
two PM10 nonattainment areas in San
Bernardino County that are classified as
Moderate for the PM10 NAAQS,16 and
thus the RACM requirement applies to
these areas. However, in this proposed
action, we are evaluating the submitted
rules and rescissions as rule
recodifications and are not evaluating
the rules for compliance with RACT or
RACM requirements at this time.
Guidance and policy documents that
we used to evaluate enforceability,
revision/relaxation and rule stringency
15 40
CFR 81.305.
16 Id.
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requirements for the applicable criteria
pollutants include the following:
1. ‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and
Deviations,’’ EPA, May 25, 1988 (the
Bluebook, revised January 11, 1990).
2. ‘‘Guidance Document for Correcting
Common VOC & Other Rule
Deficiencies,’’ EPA Region 9, August 21,
2001 (the Little Bluebook).
3. Memorandum, from Johnnie L.
Pearson, Chief, Regional Activities
Section, EPA Office of Air Quality
Planning and Standards to Chief, Air
Branch, Regions I–X, ‘‘Review of State
Regulation Recodifications,’’ February
12, 1990.
B. Do the rules meet the evaluation
criteria?
The purpose for the submission of the
MDAQMD rules is to align the outdated
versions of the rules in the SIP with the
versions found in the current District
rulebook. To do this, CARB submitted
MDAQMD rules, which apply Districtwide, to replace the versions of the rules
in the SIP that are identical but
currently only apply to a geographic
subset of the District (San Bernardino
County or Riverside County).
The MDAQMD rules in Table 1 are
identical to the SBCAPCD rules in Table
3 that are currently in the SIP. Thus, we
are proposing the SBCAPCD rules listed
in Table 3 will be superseded by our
proposed approval of the MDAQMD
rules in Table 1. For the portion of
Riverside County regulated by
MDAQMD, the SIP identifies rules
adopted by the SCAQMD. MDAQMD
Rules 104, 408, 443, 468, 469 and 472
in Table 1 are identical to the
comparable SCAQMD rules listed in
Table 2. Similarly, we are proposing
that approval of the MDAQMD rules in
Table 1 allows for the rescission of the
SCAQMD rules in Table 2.
We are reviewing these particular
rules as recodifications of existing rules
and are not reviewing the substance of
the rules at this time.17 The EPA is now
merely proposing to approve the
District-wide versions of rules to replace
identical rules that were previouslyapproved by the EPA but that only
apply to a geographic subset of the
District. The EPA’s approval of the
District-wide rules, at this time, does
not imply any position with respect to
the approvability of the substantive
requirements in the rules. To the extent
the EPA issues any SIP calls to the State
with respect to the adequacy of any of
17 Memorandum dated February 12, 1990, from
Johnnie L. Pearson, Chief, Regional Activities
Section, EPA Office of Air Quality Planning and
Standards to Chief, Air Branch, Regions I–X,
‘‘Review of State Regulation Recodifications.’’
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the rules subject to this recodification,
the EPA will continue to require the
State to correct any such rule
deficiencies despite the EPA’s proposed
approval of this recodification.
C. Public Comment and Proposed
Action
As authorized in section 110(k)(3) of
the Act, the EPA proposes to approve
the submitted rules in Table 1 because
they represent recodifications of
existing SIP rules. These rules would
supersede the rules in Table 3. The EPA
is also proposing to approve the
rescissions listed in Table 2 because
they mirror recodified rules proposed
for approval. We will accept comments
from the public on this proposal until
[Insert date 30 days after date of
publication in the Federal Register]. If
we take final action to approve the
submitted rules, our final action would
incorporate the submitted rules into the
SIP and would remove from the
applicable SIP the rules that have been
rescinded or superseded.
III. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
the MDAQMD rules listed in Table 1 of
this preamble, which includes certain
administrative and prohibitory rules
that control emissions of NOX, VOCs,
and PM. The EPA has made, and will
continue to make, these materials
available through 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 CAA, 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 CAA. 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,
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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 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 proposed 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,
Feb. 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
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
E:\FR\FM\16JYP1.SGM
16JYP1
Federal Register / Vol. 89, No. 136 / Tuesday, July 16, 2024 / Proposed Rules
AGENCY:
requirements under the NOX SIP Call for
Domtar Paper Company, LLC (Domtar).
DATES: Comments must be received on
or before August 15, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2023–0277 at
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. 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, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www.epa.gov/dockets/commenting-epadockets.
FOR FURTHER INFORMATION CONTACT:
Steven Scofield, Multi-Air Pollutant
Coordination Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
9034. Mr. Scofield can also be reached
via electronic mail at scofield.steve@
epa.gov.
SUPPLEMENTARY INFORMATION:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the State of
Tennessee, through the Tennessee
Department of Environment and
Conservation (TDEC), on June 26, 2023.
The June 26, 2023, SIP revision would
specify monitoring, recordkeeping, and
reporting requirements for large
industrial non-electricity generating
units (EGUs) subject to the nitrogen
oxides (NOX) SIP Call that are
permissible as alternatives to the
monitoring, recordkeeping, and
reporting requirements. The SIP
revision would also establish sourcespecific alternative monitoring,
recordkeeping, and reporting
I. Background
Under Clean Air Act (CAA or Act)
section 110(a)(2)(D)(i)(I), also called the
good neighbor provision, States are
required to address the interstate
transport of air pollution. Specifically,
the good neighbor provision requires
that each State’s implementation plan
contain adequate provisions to prohibit
air pollutant emissions from within the
State that will significantly contribute to
nonattainment of the national ambient
air quality standards (NAAQS), or that
will interfere with maintenance of the
NAAQS, in any other State.
On October 27, 1998 (63 FR 57356),
EPA finalized the ‘‘Finding of
Significant Contribution and
Rulemaking for Certain States in the
Ozone Transport Assessment Group
Region for Purposes of Reducing
industrial, governmental, and
commercial operations or programs and
policies.’’
The air agency 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, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur dioxide, Volatile
organic compounds.
Dated: July 1, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024–14786 Filed 7–15–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2023–0277; FRL–12065–
01–R4]
Air Plan Approval; Tennessee;
Nitrogen Oxides SIP Call Alternative
Monitoring and Domtar Paper
Company, LLC
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
khammond on DSKJM1Z7X2PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
16:21 Jul 15, 2024
Jkt 262001
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
57823
Regional Transport of Ozone’’ (NOX SIP
Call). The NOX SIP Call required Eastern
States, including Tennessee, to submit
SIPs limiting emissions of ozone season
NOX by implementing statewide
emissions budgets. The NOX SIP Call
addressed the good neighbor provision
for the 1979 ozone NAAQS and was
designed to mitigate the impact of
transported NOX emissions, one of the
precursors of ozone.1 EPA developed
the NOX Budget Trading Program, an
allowance trading program that States
could adopt to meet their obligations
under the NOX SIP Call. This trading
program allowed the following sources
to participate in a regional cap and trade
program: generally, electricity
generating units (EGUs) with capacity
greater than 25 megawatts (MW); and
large industrial non-EGUs, such as
boilers and combustion turbines, with a
rated heat input greater than 250 million
British thermal units per hour (MMBtu/
hr). The NOX SIP Call also identified
available cost-effective emissions
reductions from cement kilns and
stationary internal combustion engines
in establishing total, statewide
emissions budgets, although EPA
suggested that States regulate these
sources through mechanisms other than
the trading program.
To comply with the NOX SIP Call
requirements, in 2000 and 2001, TDEC
submitted a revision to add new rule
sections to the SIP-approved version of
Chapter 1200–3–27, Nitrogen Oxides, of
the Tennessee Rules. EPA approved the
revision as compliant with Phase I of
the NOX SIP Call in 2004. See 69 FR
3015 (January 22, 2004). The approved
revision required EGUs and large nonEGUs in the State to participate in the
NOX Budget Trading Program beginning
in 2004. In 2005, Tennessee submitted,
and EPA approved, a SIP revision to
address additional emissions reductions
required for the NOX SIP Call under
Phase II. See 70 FR 76408 (December 27,
2005).
In 2005, EPA published the Clean Air
Interstate Rule (CAIR), which required
several Eastern States, including
Tennessee, to submit SIPs that
prohibited emissions consistent with
revised ozone season NOX budgets (as
well as annual budgets for NOX and
sulfur dioxide). See 70 FR 25162 (May
12, 2005); see also 71 FR 25328 (April
28, 2006). CAIR addressed the good
neighbor provision for the 1997 ozone
NAAQS and 1997 fine particulate
1 As originally promulgated, the NO SIP Call
X
also addressed good neighbor obligations under the
1997 8-hour ozone NAAQS, but EPA subsequently
stayed and later rescinded the rule’s provisions
with respect to that standard. See 65 FR 56245
(September 18, 2000); 84 FR 8422 (March 8, 2019).
E:\FR\FM\16JYP1.SGM
16JYP1
]]>Agencies
[Federal Register Volume 89, Number 136 (Tuesday, July 16, 2024)]
[Proposed Rules]
[Pages 57819-57823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14786]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2024-0209; FRL-11948-01-R9]
Air Plan Approval; California; Mojave Desert Air Quality
Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Mojave Desert Air Quality Management District
(MDAQMD or ``District'') portion of the California State Implementation
Plan (SIP). The revisions concern recodification of prohibitory and
administrative rules used by the District to regulate air pollutants
under the Clean Air Act (CAA or the Act). The EPA is proposing to
update the California SIP to reflect the recodified rules. The EPA is
taking comments on this proposal and plans to follow with a final
action.
DATES: Comments must be received on or before August 15, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2024-0209 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. If you need assistance in a
language other than English or if you are a person with disabilities
who needs a reasonable accommodation at no cost to you, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: La Kenya Evans-Hopper, EPA Region IX,
75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3245 or
by email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. The State's Submittal
A. What is the background for this proposed action?
B. What rules did the State submit to rescind or replace?
C. Are there other versions of the rules?
D. What is the purpose of the submitted rule revisions?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What is the background for this proposed action?
Under the CAA, the EPA has established National Ambient Air Quality
Standards (NAAQS) for certain pervasive air pollutants, including,
among others, ozone and particulate matter (PM). Under CAA section
110(a), states are required to adopt and submit SIPs to implement,
maintain, and enforce the NAAQS. Under CAA section 107(d), the EPA has
designated all areas of the country as attainment, nonattainment, or
unclassifiable for the NAAQS. Areas designated as nonattainment must
adopt and submit SIP revisions that, among other things, provide for
attainment of the NAAQS by the applicable attainment date.
The MDAQMD regulates sources of air pollution within California's
``Mojave Desert Air Basin,'' which lies within the previously-
designated ``Southeast Desert Air Basin.'' \1\ The MDAQMD's
jurisdiction includes the desert portion of San Bernardino County and
the far eastern portion of Riverside County. The EPA has designated two
areas in the San Bernardino County portion of the District as
nonattainment areas for PM equal to or less than 10 microns in diameter
(PM10): (1) the Trona planning area, located in the
northwestern portion of the county, and (2) the larger San Bernardino
nonattainment area that covers the remaining portion of San Bernardino
County regulated by the MDAQMD, excluding the Trona planning area.\2\ A
portion of San Bernardino County within the District is also in the
West Mojave Desert ozone nonattainment area.\3\ The Riverside County
portion of the District is designated as unclassifiable/attainment for
all the NAAQS.
---------------------------------------------------------------------------
\1\ The two air basins are described in the California Air
Resources Board's (CARB's) Initial Statement of Reasons for Proposed
Rulemaking, Proposed Amendments to Divide the Southeast Desert Air
Basin and to Modify the Boundary of the South Coast Air Basin and
Proposed Amendments to the Related Agricultural Burning Regulations,
April 1996.
\2\ 40 CFR 81.305--``California--PM-10'' table of area
designations.
\3\ 40 CFR 81.305. The West Mojave Desert ozone nonattainment
area also includes the Antelope Valley portion of Los Angeles
County.
---------------------------------------------------------------------------
In 1972, when the original California SIP was submitted and
approved by the EPA, the San Bernardino County Air Pollution Control
District (SBCAPCD) had jurisdiction over stationary sources within all
of San Bernardino County. On
[[Page 57820]]
July 16, 1975, the Los Angeles County Air Pollution Control District
(LACAPCD), Orange County Air Pollution Control District (OCAPCD),
Riverside County Air Pollution Control District (RCAPCD), and SBCAPCD
were unified into the Southern California Air Pollution Control
District (SoCalAPCD). On February 1, 1977, California split the
SoCalAPCD into four agencies. The western coastal area became regulated
by the South Coast Air Quality Management District (SCAQMD) and the
remaining eastern desert portions of Los Angeles, San Bernardino, and
Riverside Counties were separated back into air pollution control
districts for each county (i.e., LACAPCD, SBCAPCD, and RCAPCD). The
original jurisdiction of the SCAQMD covered an area referred to as the
``South Coast Air Basin'' that included all of Orange County and the
western non-desert portions of Los Angeles, Riverside, and San
Bernardino Counties. The jurisdiction of the LACAPCD, SBCAPCD, and
RCAPCD extended over a portion of an air basin referred to as the
``Southeast Desert Air Basin.'' \4\
---------------------------------------------------------------------------
\4\ 43 FR 25684 (June 14, 1978).
---------------------------------------------------------------------------
The Southeast Desert Air Basin portion of Riverside County was
added to the SCAQMD on December 1, 1977. Effective December 1, 1977,
under state law, all SCAQMD Rules and Regulations became applicable
within the Southeast Desert portion of Riverside County.\5\ In 1982,
the applicability of SCAQMD rules that had been approved as part of the
California SIP was extended to the Southeast Desert portion of
Riverside County.\6\ On July 1, 1993, the SBCAPCD was re-formed as the
MDAQMD. On July 1, 1994, the Palo Verde Valley area in far eastern
Riverside County (and that is a part of the Southeast Desert portion of
Riverside County) left the SCAQMD and joined the MDAQMD.\7\
---------------------------------------------------------------------------
\5\ Letter dated August 11, 1980, from Gary Rubenstein, Deputy
Executive Officer, CARB to Paul DeFalco, Jr., EPA Regional
Administrator--approved at 47 FR 25013 (June 9, 1982).
\6\ 47 FR 25013 (June 9, 1982).
\7\ The Palo Verde Valley portion of the MDAQMD covers an area
approximately 30 miles wide along the eastern boundary of the county
adjoining the State of Arizona.
---------------------------------------------------------------------------
An outgrowth of the complicated regulatory history of the MDAQMD is
that the applicable SIP for the area the District regulates consists of
a mixture of rules from current and former agencies. Rules adopted by
MDAQMD apply District-wide; SBCAPCD rules apply only in the San
Bernardino County portion of the District; and rules adopted by the
RCAPCD, SoCalAPCD or the SCAQMD only apply in the Riverside County
portion of the District.
B. What rules did the State submit to rescind or replace?
This proposal covers portions of SIP revisions submitted by the
California Air Resources Board (CARB) to the EPA on September 23,
2022,\8\ November 30, 2022,\9\ May 11, 2023,\10\ and October 13,
2023.\11\ Table 1 lists the MDAQMD rules that were submitted for
inclusion in the SIP with the date each rule was adopted and then
submitted by CARB.\12\ When these rules were submitted, CARB also
requested rescission of the analogous rules in the SIP that were
adopted by SCAQMD \13\ and apply within the Riverside County portion of
the District. Table 2 lists the rules to be rescinded by this action
with the dates that they were adopted by SCAQMD, approved by the EPA
(with the associated Federal Register citations), subsequently
rescinded by MDAQMD, and then submitted by CARB for rescission.
---------------------------------------------------------------------------
\8\ CARB submitted the SIP revision electronically on September
23, 2022, as an enclosure to a transmittal letter of the same date.
\9\ CARB submitted the SIP revision electronically on November
30, 2022, as an enclosure to a transmittal letter dated November 22,
2022. CARB later clarified that, in addition to the rule rescissions
requested for SCAQMD Rules 468 and 468, the November 30, 2022
submission was also intended to include the submission of
replacement rules, MDAQMD Rules 468, ``Sulfur Recovery Units'' and
469, ``Sulfuric Acid Units.'' See CARB email dated April 4, 2024,
from Ariel Fideldy (CARB) to Jefferson Wehling (EPA), Subject:
``CARB Clarification regarding November 30, 2022 submittal of MDAQMD
Rules.''
\10\ CARB submitted the SIP revision electronically on May 11,
2023, as an enclosure to a transmittal letter dated May 10, 2023.
\11\ CARB submitted the SIP revision electronically on October
13, 2023, as an enclosure to a transmittal letter of the same date.
\12\ These rules have adoption dates prior to the formation of
the MDAQMD because the rules were not revised or amended when the
MDAQMD was formed and first adopted its rulebook. The rules were
SBCAPCD rules and were merely recodified as being MDAQMD rules that
apply District-wide.
\13\ The versions of SCAQMD Rules 104, 408, 443, 468, 469 and
472 that are currently part of the applicable SIP for the Riverside
County portion of the MDAQMD were adopted by the SoCalAPCD, rather
than the SCAQMD.
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Adopted/amended/
Local agency Rule No. Rule title revised date Submittal date
----------------------------------------------------------------------------------------------------------------
MDAQMD........................ 104 Reporting of Source December 19, 1988.... October 13, 2023.
Test Data and
Analyses.
MDAQMD........................ 404 Particulate Matter-- July 25, 1977........ May 11, 2023.
Concentration.
MDAQMD........................ 405 Solid Particulate July 25, 1977........ May 11, 2023.
Matter--Weight.
MDAQMD........................ 407 Liquid and Gaseous July 25, 1977........ September 23, 2022.
Air Contaminants.
MDAQMD........................ 408 Circumvention........ July 25, 1977........ May 11, 2023.
MDAQMD........................ 409 Combustion July 25, 1977........ May 11, 2023.
Contaminants.
MDAQMD........................ 443 Labeling of Solvents. July 25, 1977........ May 11, 2023.
MDAQMD........................ 468 Sulfur Recovery Units July 25, 1977........ November 30, 2022.
MDAQMD........................ 469 Sulfuric Acid Units.. July 25, 1977........ November 30, 2022.
MDAQMD........................ 472 Reduction of Animal July 25, 1977........ May 11, 2023.
Matter.
----------------------------------------------------------------------------------------------------------------
Table 2--Submitted Rule Rescissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Adopted/amended/ SIP approval date Date of rescission
Local agency Title revised date and FR citation by MDAQMD Submittal date
--------------------------------------------------------------------------------------------------------------------------------------------------------
SCAQMD Rule 104................... Reporting of Source January 9, 1976..... June 14, 1978, 43 FR April 24, 2023...... October 13, 2023.
Test Data and 25684.
Analyses.
SCAQMD Rule 408................... Circumvention........ May 7, 1976......... June 14, 1978, 43 FR April 25, 2022...... May 11, 2023.
25684.
SCAQMD Rule 443................... Labeling of Solvents. January 1, 1977..... June 14, 1978, 43 FR October 24, 2022.... May 11, 2023.
25684.
SCAQMD Rule 468................... Sulfur Recovery Units October 8, 1976..... June 14, 1978, 43 FR August 22, 2022..... November 30, 2022.
25684.
SCAQMD Rule 469................... Sulfuric Acid Units.. October 8, 1976..... June 14, 1978, 43 FR August 22, 2022..... November 30, 2022.
25684.
[[Page 57821]]
SCAQMD Rule 472................... Reduction of Animal May 7, 1976......... June 14, 1978, 43 FR August 22, 2022..... May 11, 2023.
Matter. 25684.
--------------------------------------------------------------------------------------------------------------------------------------------------------
The September 23, 2022, November 30, 2022, May 11, 2023, and
October 13, 2023 SIP submissions were deemed complete by operation of
law with respect to the completeness criteria in 40 CFR part 51,
appendix V on March 23, 2023, May 30, 2023, November 11, 2023, and
April 13, 2024, respectively.
C. Are there other versions of the rules?
We approved earlier versions of the rules listed in Table 1 when
they were adopted and submitted by the MDAQMD's predecessor agency, the
SBCAPCD. Table 3 lists the previously SIP-approved rules along with
their local adoption dates and EPA approval citations. If we finalize
this action as proposed, the SBCAPCD rules in Table 3 will be
superseded in the applicable SIP by the corresponding MDAQMD rules
listed in Table 1.
Table 3--SIP Rules To Be Superseded Upon Approval of Submitted Rules Listed in Table 1
----------------------------------------------------------------------------------------------------------------
Adopted/ amended/ SIP approval date and
Local agency Rule No. Rule title revised date FR citation
----------------------------------------------------------------------------------------------------------------
SBCAPCD....................... 104 Reporting of Source December 19, 1988.... November 27, 1990, 55
Test Data and FR 49281.
Analyses.
SBCAPCD....................... 404 Particulate Matter-- July 25, 1977........ December 21, 1978, 43
Concentration. FR 59489.
SBCAPCD....................... 405 Solid Particulate July 25, 1977........ December 21, 1978, 43
Matter--Weight. FR 59489.
SBCAPCD....................... 407 Liquid and Gaseous February 1, 1977..... September 8, 1978, 43
Air Contaminants. FR 40011.
SBCAPCD....................... 408 Circumvention........ February 1, 1977..... September 8, 1978, 43
FR 40011.
SBCAPCD....................... 409 Combustion February 1, 1977..... September 8, 1978, 43
Contaminants. FR 40011.
SBCAPCD....................... 443 Labeling of Solvents. February 1, 1977..... September 8, 1978, 43
FR 40011.
SBCAPCD....................... 468 Sulfur Recovery Units February 1, 1977..... September 8, 1978, 43
FR 40011.
SBCAPCD....................... 469 Sulfuric Acid Units.. February 1, 1977..... September 8, 1978, 43
FR 40011.
SBCAPCD....................... 472 Reduction of Animal February 1, 1977..... September 8, 1978, 43
Matter. FR 40011.
----------------------------------------------------------------------------------------------------------------
D. What is the purpose of the submitted rule revisions?
Emissions of volatile organic compounds (VOCs) and oxides of
nitrogen (NOX) contribute to the production of ground-level
ozone and smog which harm human health and the environment. Emissions
of PM, including PM equal to or less than 2.5 microns in diameter
(PM2.5) and PM10, contribute to effects that are
harmful to human health and the environment, including premature
mortality, aggravation of respiratory and cardiovascular disease,
decreased lung function, visibility impairment, and damage to
vegetation and ecosystems.
Section 110(a) of the CAA requires states to submit regulations
that control emissions of criteria air pollutants or their precursors,
including NOX, VOCs, and PM, as part of the SIP. Over the
years, MDAQMD's predecessor agency, the SBCAPCD, adopted many
administrative and prohibitory rules to meet SIP requirements,
including those that are the subject of this proposed action, for the
San Bernardino County portion of the MDAQMD. The RCAPCD, SoCalAPCD, and
SCAQMD did the same for the Riverside County portion of the MDAQMD.
However, the SBCAPCD, RCAPCD, and SoCalAPCD no longer exist, and SCAQMD
no longer has jurisdiction in the areas currently regulated by the
MDAQMD. The purpose of the SIP submissions for which action is proposed
is to align the SIP versions of the rules with those that are in effect
in the MDAQMD.
The EPA's technical support document (TSD) has more information
about these rules.
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules?
Under CAA section 110(l), SIP revisions must be adopted by the
state, and the state must provide reasonable public notice and hearing
prior to adoption.\14\ Rules in the SIP must be enforceable (see CAA
section 110(a)(2)), must not interfere with applicable requirements
concerning attainment and reasonable further progress or other CAA
requirements (see CAA section 110(l)), and must not modify certain SIP
control requirements in nonattainment areas without ensuring equivalent
or greater emissions reductions (see CAA section 193).
---------------------------------------------------------------------------
\14\ We have reviewed the SIP submissions covered in this
proposed action for compliance with CAA procedural requirements and
found that all such requirements have been met.
---------------------------------------------------------------------------
In ozone nonattainment areas classified as Moderate or above, the
CAA requires implementation of Reasonably Available Control Technology
(RACT) for each category of sources covered by a Control Techniques
Guidelines (CTG) document as well as each major source of VOCs and
NOX (see CAA section 182(b)(2)). This requirement applies in
the portion of San Bernardino County that lies within the ``West Mojave
Desert'' nonattainment area that is classified as Severe for the 2008
and 2015 ozone NAAQS.\15\ States must also implement reasonably
available control measures (RACM), including RACT, in Moderate
PM2.5 or PM10 nonattainment areas (see CAA
sections 172(c)(1) and 189(a)(1)(C)). The MDAQMD regulates two
PM10 nonattainment areas in San Bernardino County that are
classified as Moderate for the PM10 NAAQS,\16\ and thus the
RACM requirement applies to these areas. However, in this proposed
action, we are evaluating the submitted rules and rescissions as rule
recodifications and are not evaluating the rules for compliance with
RACT or RACM requirements at this time.
---------------------------------------------------------------------------
\15\ 40 CFR 81.305.
\16\ Id.
---------------------------------------------------------------------------
Guidance and policy documents that we used to evaluate
enforceability, revision/relaxation and rule stringency
[[Page 57822]]
requirements for the applicable criteria pollutants include the
following:
1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11,
1990).
2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
3. Memorandum, from Johnnie L. Pearson, Chief, Regional Activities
Section, EPA Office of Air Quality Planning and Standards to Chief, Air
Branch, Regions I-X, ``Review of State Regulation Recodifications,''
February 12, 1990.
B. Do the rules meet the evaluation criteria?
The purpose for the submission of the MDAQMD rules is to align the
outdated versions of the rules in the SIP with the versions found in
the current District rulebook. To do this, CARB submitted MDAQMD rules,
which apply District-wide, to replace the versions of the rules in the
SIP that are identical but currently only apply to a geographic subset
of the District (San Bernardino County or Riverside County).
The MDAQMD rules in Table 1 are identical to the SBCAPCD rules in
Table 3 that are currently in the SIP. Thus, we are proposing the
SBCAPCD rules listed in Table 3 will be superseded by our proposed
approval of the MDAQMD rules in Table 1. For the portion of Riverside
County regulated by MDAQMD, the SIP identifies rules adopted by the
SCAQMD. MDAQMD Rules 104, 408, 443, 468, 469 and 472 in Table 1 are
identical to the comparable SCAQMD rules listed in Table 2. Similarly,
we are proposing that approval of the MDAQMD rules in Table 1 allows
for the rescission of the SCAQMD rules in Table 2.
We are reviewing these particular rules as recodifications of
existing rules and are not reviewing the substance of the rules at this
time.\17\ The EPA is now merely proposing to approve the District-wide
versions of rules to replace identical rules that were previously-
approved by the EPA but that only apply to a geographic subset of the
District. The EPA's approval of the District-wide rules, at this time,
does not imply any position with respect to the approvability of the
substantive requirements in the rules. To the extent the EPA issues any
SIP calls to the State with respect to the adequacy of any of the rules
subject to this recodification, the EPA will continue to require the
State to correct any such rule deficiencies despite the EPA's proposed
approval of this recodification.
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\17\ Memorandum dated February 12, 1990, from Johnnie L.
Pearson, Chief, Regional Activities Section, EPA Office of Air
Quality Planning and Standards to Chief, Air Branch, Regions I-X,
``Review of State Regulation Recodifications.''
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C. Public Comment and Proposed Action
As authorized in section 110(k)(3) of the Act, the EPA proposes to
approve the submitted rules in Table 1 because they represent
recodifications of existing SIP rules. These rules would supersede the
rules in Table 3. The EPA is also proposing to approve the rescissions
listed in Table 2 because they mirror recodified rules proposed for
approval. We will accept comments from the public on this proposal
until [Insert date 30 days after date of publication in the Federal
Register]. If we take final action to approve the submitted rules, our
final action would incorporate the submitted rules into the SIP and
would remove from the applicable SIP the rules that have been rescinded
or superseded.
III. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the MDAQMD rules listed in Table 1 of this preamble, which
includes certain administrative and prohibitory rules that control
emissions of NOX, VOCs, and PM. The EPA has made, and will
continue to make, these materials available through 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 CAA, 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 CAA. 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 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 proposed 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,
Feb. 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 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
[[Page 57823]]
industrial, governmental, and commercial operations or programs and
policies.''
The air agency 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, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
dioxide, Volatile organic compounds.
Dated: July 1, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-14786 Filed 7-15-24; 8:45 am]
BILLING CODE 6560-50-P
