Air Plan Revisions; California; Sacramento Metropolitan Air Quality Management District, 78255-78258 [2024-21729]
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Federal Register / Vol. 89, No. 186 / Wednesday, September 25, 2024 / Rules and Regulations
The revisions read as follows:
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§ 3.1709
burial.
Transportation expenses for
(a) General. VA will pay the
transportation expenses, subject to
paragraph (d) of this section, of a
veteran’s remains to the place of burial
for a veteran described in paragraph (b)
of this section or for burial in a national
cemetery or a covered veterans’
cemetery, as defined in § 3.1700(b)(2),
for a veteran described in paragraph (c)
of this section.
(b) Eligibility for transportation to the
place of burial under 38 U.S.C. 2303(a).
VA will pay the expense incurred to
transport an eligible veteran’s remains
to the place of burial, subject to
paragraph (d) of this section, where the
death occurs within a State and the
place of burial is in the same State or
any other State.
(1) A veteran described in this
paragraph is a deceased veteran who
meets any of the following criteria:
(i) A veteran covered under 38 CFR
3.1705(b), or a veteran who died of a
service-connected disability and who
also satisfies the criteria listed under 38
CFR 3.1705(b)).
(ii) A veteran covered under 38 CFR
3.1706(b).
(iii) A veteran covered under 38 CFR
3.1708(b).
(2) A payment authorized under
paragraph (b) of this section shall not
duplicate any payment authorized
under paragraph (c) of this section.
(c) Eligibility for transportation
benefit under 38 U.S.C. 2308. For a
veteran described below, VA will pay
for the expense incurred, subject to
paragraph (d) of this section, to
transport a veteran’s remains for burial
in a national cemetery or a covered
veterans’ cemetery, as defined in 38 CFR
3.1700(b)(2).
(1) A veteran described in this
paragraph is a deceased veteran who:
(i) Died as the result of a serviceconnected disability and who is not
eligible for the transportation benefit
under paragraph (b) of this section; or
(ii) Died outside of a State.
(2) The amount payable under this
paragraph (c) will not exceed the cost of
transporting the remains to the national
cemetery closest to the veteran’s last
place of residence in which burial space
is available and is subject to the
limitations set forth in paragraph (d) of
this section.
(3) A payment authorized under this
paragraph (c) shall not duplicate any
payment authorized under paragraph (b)
of this section.
*
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*
*
■ 12. Amend § 3.1711 by:
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a. Revising paragraph (a) introductory
text;
■ b. Removing the citation ‘‘38 U.S.C.
2302’’ and adding in its place ‘‘38 U.S.C.
2303’’ In paragraph (b)(1); and
■ c. Revising the authority citation at
the end of the section.
The revisions read as follows:
■
§ 3.1711 Effect of contributions by
government, public, or private
organizations.
(a) Contributions by government or
employer. With respect to claims for a
plot or interment allowance under
§ 3.1707, if VA has evidence that the
U.S., a State, any agency or political
subdivision of the U.S. or of a State,
Tribal organization, or the employer of
the deceased veteran has paid or
contributed payment to the veteran’s
plot or interment expenses, VA will pay
the claimant up to the lesser of:
*
*
*
*
*
(Authority: 38 U.S.C. 2303)
[FR Doc. 2024–21864 Filed 9–24–24; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R09–OAR–2024–0197; FRL–11981–
02–R9]
Air Plan Revisions; California;
Sacramento Metropolitan Air Quality
Management District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve State implementation plan
(SIP) revisions from the Sacramento
Metropolitan Air Quality Management
District (SMAQMD or ‘‘District’’) to
address Clean Air Act (CAA or ‘‘Act’’)
requirements related to the 2008 8-hour
ozone national ambient air quality
standards (NAAQS or ‘‘standards’’).
These revisions concern emissions of
oxides of nitrogen (NOX) from boilers,
gas turbines, and miscellaneous
(‘‘misc’’) combustion units as well as
reasonably available control technology
(RACT) requirements for major sources
of NOX in the portion of the Sacramento
Metro, CA, nonattainment area that is
subject to SMAQMD jurisdiction.
DATES: This rule is effective October 25,
2024.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2024–0197. All
SUMMARY:
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documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information. If
you need assistance in a language other
than English or if you are a person with
a disability 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:
Eugene Chen, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 947–4304 or by
email at chen.eugene@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
40 CFR Part 52
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I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On July 2, 2024, the EPA proposed to
approve the California Air Resources
Board’s (CARB) submittal of a SIP
revision adopted by the SMAQMD.1 As
discussed in our proposed action, this
SIP revision adopted portions of several
permits issued under the District’s SIPapproved New Source Review (NSR)
permit program (‘‘District Permits’’) for
submittal into the SIP. These District
Permits are relied upon to implement
RACT for major sources of NOX, and we
proposed to determine that these
District Permits would comply with the
EPA’s Startup, Shutdown, and
Malfunction (SSM) policy and other
applicable Clean Air Act (CAA or
‘‘Act’’) requirements. Based on our
review, we proposed to determine that
these District Permits, in conjunction
with the SIP-approved NOX limits
already established in Rule 411 (NOX
from Boilers, Process Heaters and Steam
Generators) and Rule 413 (Stationary
Gas Turbines), implement RACT for
each major NOX source in the District.
We therefore also proposed to approve
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the major source NOX RACT element of
the 2017 RACT SIP for the 2008 ozone
NAAQS.
the 2017 RACT SIP for the 2008 ozone
NAAQS.
TABLE 1—SUBMITTED DOCUMENTS
Local agency
Document/
rule No.
Document title
Adopted
Submitted
SMAQMD ..................................
........................
Reasonably Available Control Technology (RACT) Permits for
Major Stationary Sources of Nitrogen Oxides.
03/28/2024
04/11/2024
A list of individual permits contained
in this submittal is included in Table 2
below.
TABLE 2—DISTRICT PERMITS INCLUDED IN APRIL 11, 2024 SUBMITTAL
Source name
Permit No.
Mitsubishi Chemical Carbon Fiber and
Composites.
UC Davis Medical Center ......................
Sacramento Metropolitan Utility District
(SMUD) Procter & Gamble Power
Plant.
SMUD Cosumnes Power Plant .............
SMUD Campbell Power Plant ...............
SMUD Carson Power Plant ...................
24611
25925
24613
24614
27336
27337
27338
17549
20216
20217
20218
20219
27140
27141
27142
27143
27144
25801
25800
27118
27151
27154
27156
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
and 27132 ..
and 27133 ..
....................
....................
....................
....................
and 27116 ..
and 27153 ..
....................
....................
Unit name/ID
Unit size
(MMBtu/hr)
Oxidation Oven 1 ....................
Oxidation Oven 2 ....................
Oxidation Oven 3 ....................
Oxidation Oven 4 ....................
Oxidation Oven—Line 31 .......
Oxidation Oven—Line 31 .......
Cleaver Brooks Boiler .............
Combined Cycle Turbine ........
Boiler 1 ...................................
Boiler 2 ...................................
Boiler 3 ...................................
Boiler 4 ...................................
Babcock & Wilcox Boiler ........
Gas Turbine 1A ......................
Gas Turbine 1B ......................
Gas Turbine 1C ......................
Boiler 1B .................................
Turbine 2 ................................
Turbine 3 ................................
Gas Turbine ............................
Gas Turbine ............................
Cleaver Brooks Boiler .............
Turbine 27156 ........................
2
2
2
2
3
3
6
260
32
32
32
32
109
583
583
500
109
2,200
2,200
1,410
600
100
450
Unit type
Misc Combustion Unit.
Misc Combustion Unit.
Misc Combustion Unit.
Misc Combustion Unit.
Misc Combustion Unit.
Misc Combustion Unit.
Boiler.
Gas Turbine.
Boiler.
Boiler.
Boiler.
Boiler.
Boiler.
Gas Turbine and Duct Burner.a
Gas Turbine and Duct Burner.a
Gas Turbine.
Boiler.
Gas Turbine.
Gas Turbine.
Gas Turbine and Duct Burner.a
Gas Turbine and Duct Burner.a
Boiler.
Gas Turbine.
a These units are combined cycle gas turbines, which consist of a simple cycle gas turbine combined with a duct burner, and are listed under
the same permit document with separate permit numbers. For clarity, we are including the duct burner permit number in addition to the turbine
permit number.
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received no comments.
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III. EPA Action
No comments were submitted on the
proposed action, and there is no change
to our assessment of the SIP revision as
described in our proposed action.
Therefore, as authorized in section
110(k)(3) of the Act, the EPA is
approving these District Permits into the
California SIP. In addition, we are
approving the major source NOX
element for SMAQMD’s RACT
obligation for the 2008 ozone NAAQS.
This approval corrects all deficiencies
identified in our June 30, 2023 partial
disapproval of the major NOX element
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of the 2017 RACT SIP (88 FR 42248),
permanently stopping all sanction
clocks associated with that partial
disapproval. Moreover, this approval
corrects the final remaining deficiency
identified in our February 3, 2017
finding of failure to submit action for
the SMAQMD’s 2008 ozone NAAQS
RACT SIP obligation (82 FR 9158). In
addition, it terminates the EPA’s
obligation to promulgate a Federal
Implementation Plan in response to that
action.
submitted SIP revision and listed in
Table 2 of this preamble, which
establish NOX emission limits for
specific major sources in the District.
The EPA has made, and will continue
to make, these documents 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. Incorporation by Reference
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
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
District Permits contained in the
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V. Statutory and Executive Order
Reviews
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they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves State law as meeting federal
requirements and does not impose
additional requirements beyond those
imposed by State law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 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 approves 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 communities with
environmental justice (EJ) concerns to
the greatest extent practicable and
permitted by law. The EPA defines EJ as
‘‘the fair treatment and meaningful
involvement of all people regardless of
race, color, national origin, or income
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16:15 Sep 24, 2024
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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
industrial, governmental, and
commercial operations or programs and
policies.’’
The District did not evaluate EJ
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
The EPA did not perform an EJ analysis
and did not consider EJ in this action.
Due to the nature of the action being
taken here, this action is expected to
have a neutral to positive impact on the
air quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goals of Executive Order
12898 of achieving EJ for communities
with EJ concerns.
This action is subject to the
Congressional Review Act (CRA), and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 25,
2024. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this rule for the purposes of judicial
review, nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 18, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends part 52, chapter I, title
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78257
40 of the Code of Federal Regulations as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(599)(ii)(A)(2) and
(c)(617) to read as follows:
■
§ 52.220
Identification of plan-in part.
*
*
*
*
*
(c) * * *
(599) * * *
(ii) * * *
(A) * * *
(2) The Reasonably Available Control
Technology (RACT) determination for
non-CTG major sources of NOX as
contained in the RACT State
Implementation Plan (SIP) for the 2008
8-Hour Ozone National Ambient Air
Quality Standards (NAAQS)
(‘‘Demonstration of Reasonably
Available Control Technology for the
2008 Ozone NAAQS’’), as adopted on
March 23, 2017.
*
*
*
*
*
(617) The following regulations and
materials were submitted electronically
on April 11, 2024, by the Governor’s
designee as an attachment to a letter
dated April 10, 2024.
(i) Incorporation by reference. (A)
Sacramento Metropolitan Air Quality
Management District.
(1) Permit to Operate No. 24611—
Eisenmann Oxidation Oven 1, issued to
Mitsubishi Chemical Carbon Fiber &
Composites, Inc., as revised on February
23, 2024.
(2) Permit to Operate No. 25925—
Maxon Oxidation Oven 2, issued to
Mitsubishi Chemical Carbon Fiber &
Composites, Inc., as revised on February
23, 2024.
(3) Permit to Operate No. 24613—
Eisenmann Oxidation Oven 3, issued to
Mitsubishi Chemical Carbon Fiber &
Composites, Inc., as revised on February
23, 2024.
(4) Permit to Operate No. 24614—
Eisenmann Oxidation Oven 4, issued to
Mitsubishi Chemical Carbon Fiber &
Composites, Inc., as revised on February
23, 2024.
(5) Permit to Operate No. 27336—
Despatch Oxidation Oven Line 31,
issued to Mitsubishi Chemical Carbon
Fiber and Composites Inc., as revised on
February 23, 2024.
(6) Permit to Operate No. 27337—
Despatch Oxidation Oven Line 31,
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issued to Mitsubishi Chemical Carbon
Fiber and Composites Inc., as revised on
February 23, 2024.
(7) Permit to Operate No. 27338—
Cleaver Brooks Boiler, issued to
Mitsubishi Chemical Carbon Fiber and
Composites Inc., as revised on February
23, 2024.
(8) Permit to Operate No. 17549—
General Electric Gas Turbine, issued to
UCD Medical Center, as revised on
February 23, 2024.
(9) Permit to Operate No. 20216—
Johnston Boiler Company Boiler 1, No.
20217—Johnston Boiler company Boiler
2, No. 20218—Johnston Boiler Company
Boiler 3, No. 20219—Johnston Boiler
Company Boiler 4, issued to UCD
Medical Center, as revised on February
23, 2024.
(10) Permit to Operate No. 27140—
Babcock & Wilcox Boiler, issued to
Sacramento Municipal Utility District
Financing Authority DBA Procter and
Gamble Power Plant, as revised on
February 23, 2024.
(11) Permit to Operate No. 27141—
General Electric Gas Turbine 1A and
No. 27132—Duct Burner 1A, issued to
Sacramento Municipal Utility District
Financing Authority DBA Procter and
Gamble Power Plant, as revised on
February 23, 2024.
(12) Permit to Operate No. 27142—
General Electric Gas Turbine 1B and No.
27133—Duct Burner 1B, issued to
Sacramento Municipal Utility District
Financing Authority DBA Procter and
Gamble Power Plant, as revised on
February 23, 2024.
(13) Permit to Operate No. 27143—
General Electric Gas Turbine 1C, issued
to Sacramento Municipal Utility District
Financing Authority DBA Procter and
Gamble Power Plant, as revised on
February 23, 2024.
(14) Permit to Operate No. 27144—
Cleaver Brooks Boiler 1B, issued to
Sacramento Municipal Utility District
Financing Authority DBA Procter and
Gamble Power Plant, as revised on
February 23, 2024.
(15) Permit to Operate No. 25801—
General Electric Gas Turbine 2, issued
to Sacramento Municipal Utility District
Financing Authority (SFA)—Cosumnes
Power Plant, as revised on February 23,
2024.
(16) Permit to Operate No. 25800—
General Electric Gas Turbine 3, issued
to Sacramento Municipal Utility District
Financing Authority (SFA)—Cosumnes
Power Plant, as revised on February 23,
2024.
(17) Permit to Operate No. 27118—
Siemens Gas Turbine and No. 27116—
Duct Burner, issued to Sacramento
Municipal Utility District Financing
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Authority DBA Campbell Power Plant,
as revised on February 23, 2024.
(18) Permit to Operate No. 27151—
General Electric Gas Turbine and No.
27153—Duct Burner, issued to
Sacramento Municipal Utility District
Financing Authority DBA Carson Power
Plant, as revised on February 23, 2024.
(19) Permit to Operate No. 27154—
Cleaver Brooks Boiler, issued to
Sacramento Municipal Utility District
Financing Authority DBA Carson Power
Plant, as revised on February 23, 2024.
(20) Permit to Operate No. 27156—
General Electric Gas Turbine, issued to
Sacramento Municipal Utility District
Financing Authority DBA Carson Power
Plant, as revised on February 23, 2024.
(B) [Reserved]
(ii) Additional materials. (A)
Sacramento Metropolitan Air Quality
Management District.
(1) ‘‘State Implementation Plan
Submittal: Reasonably Available Control
Technology (RACT) Permits for Major
Stationary Sources of Nitrogen Oxides,’’
dated February 26, 2024.
(2) [Reserved]
(B) [Reserved]
*
*
*
*
*
§ 52.237
[Amended]
3. Section 52.237 is amended by
removing and reserving paragraph
(b)(1)(iii).
■
[FR Doc. 2024–21729 Filed 9–24–24; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 240315–0081; RTID 0648–
XE321]
Fisheries of the Northeastern United
States; Blueline Tilefish Fishery; 2024
Blueline Tilefish Commercial Quota
Harvested
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
Federal commercial tilefish
permit holders are prohibited from
fishing for, catching, possessing,
transferring or landing blueline tilefish
in the Tilefish Management Unit for the
remainder of the 2024 fishing year. This
action is required because NMFS has
determined that 100 percent of the 2024
total allowable landings have been
SUMMARY:
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caught. This action is intended to
prevent over-harvest of blueline tilefish
for the fishing year.
DATES: Effective September 23, 2024,
through December 31, 2024.
FOR FURTHER INFORMATION CONTACT:
Douglas Potts, Fishery Policy Analyst,
douglas.potts@noaa.gov, 978–281–9241.
SUPPLEMENTARY INFORMATION:
Regulations for the blueline tilefish
fishery are at 50 CFR part 648. The
regulations at § 648.295(b)(2)(ii) require
that when NMFS projects that blueline
tilefish catch will reach 100 percent of
the total allowable landings (TAL), the
Regional Administrator must close the
commercial blueline tilefish fishery for
the remainder of the fishing year. No
vessel may retain or land blueline
tilefish in or from the Tilefish
Management Unit after the announced
closure date. NMFS monitors the
blueline tilefish fishery catch based on
dealer reports, state data, and other
available information. NMFS must
publish a notice in the Federal Register
notifying blueline tilefish vessel and
dealer permit holders of the closure date
when 100 percent of the TAL is
projected to be landed.
The Regional Administrator has
determined, based on dealer reports and
other available information, that the
blueline tilefish commercial fishery has
caught 100 percent of the TAL. Effective
September 23, 2024 vessels may not
retain or land blueline tilefish in or from
the Tilefish Management Unit through
December 31, 2024.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Fishery Conservation and Management
Act. This action is required by 50 CFR
part 648, which was issued pursuant to
section 304(b), and is exempt from
review under Executive Order 12866.
NMFS finds good cause pursuant to 5
U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3)
to waive prior notice and the
opportunity for public comment and the
delayed effectiveness period because it
would be contrary to the public interest
and impracticable. Data and other
information indicating the blueline
tilefish commercial fishery has landed
100 percent of the TAL have only
recently become available. Landings
data are updated by dealer reports
dealers on a weekly basis, and NMFS
monitors data as catch increases toward
the limit. This action is routine and
formulaic. The regulations at
§ 648.295(b)(2)(ii) require such action to
ensure that blueline tilefish commercial
vessels do not exceed the 2024 TAL. If
implementation of this action is
E:\FR\FM\25SER1.SGM
25SER1
]]>Agencies
[Federal Register Volume 89, Number 186 (Wednesday, September 25, 2024)]
[Rules and Regulations]
[Pages 78255-78258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21729]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2024-0197; FRL-11981-02-R9]
Air Plan Revisions; California; Sacramento Metropolitan Air
Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve State implementation plan (SIP) revisions from the
Sacramento Metropolitan Air Quality Management District (SMAQMD or
``District'') to address Clean Air Act (CAA or ``Act'') requirements
related to the 2008 8-hour ozone national ambient air quality standards
(NAAQS or ``standards''). These revisions concern emissions of oxides
of nitrogen (NOX) from boilers, gas turbines, and
miscellaneous (``misc'') combustion units as well as reasonably
available control technology (RACT) requirements for major sources of
NOX in the portion of the Sacramento Metro, CA,
nonattainment area that is subject to SMAQMD jurisdiction.
DATES: This rule is effective October 25, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2024-0197. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with a
disability 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: Eugene Chen, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4304 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On July 2, 2024, the EPA proposed to approve the California Air
Resources Board's (CARB) submittal of a SIP revision adopted by the
SMAQMD.\1\ As discussed in our proposed action, this SIP revision
adopted portions of several permits issued under the District's SIP-
approved New Source Review (NSR) permit program (``District Permits'')
for submittal into the SIP. These District Permits are relied upon to
implement RACT for major sources of NOX, and we proposed to
determine that these District Permits would comply with the EPA's
Startup, Shutdown, and Malfunction (SSM) policy and other applicable
Clean Air Act (CAA or ``Act'') requirements. Based on our review, we
proposed to determine that these District Permits, in conjunction with
the SIP-approved NOX limits already established in Rule 411
(NOX from Boilers, Process Heaters and Steam Generators) and
Rule 413 (Stationary Gas Turbines), implement RACT for each major
NOX source in the District. We therefore also proposed to
approve
[[Page 78256]]
the major source NOX RACT element of the 2017 RACT SIP for
the 2008 ozone NAAQS.
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\1\ 89 FR 54748.
Table 1--Submitted Documents
----------------------------------------------------------------------------------------------------------------
Local agency Document/ rule No. Document title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
SMAQMD........................... ....................... Reasonably Available 03/28/2024 04/11/2024
Control Technology
(RACT) Permits for
Major Stationary
Sources of Nitrogen
Oxides.
----------------------------------------------------------------------------------------------------------------
A list of individual permits contained in this submittal is
included in Table 2 below.
Table 2--District Permits Included in April 11, 2024 Submittal
----------------------------------------------------------------------------------------------------------------
Unit size
Source name Permit No. Unit name/ID (MMBtu/hr) Unit type
----------------------------------------------------------------------------------------------------------------
Mitsubishi Chemical Carbon 24611..................... Oxidation Oven 1.. 2 Misc Combustion
Fiber and Composites. 25925..................... Oxidation Oven 2.. 2 Unit.
Misc Combustion
Unit.
24613..................... Oxidation Oven 3.. 2 Misc Combustion
Unit.
24614..................... Oxidation Oven 4.. 2 Misc Combustion
Unit.
27336..................... Oxidation Oven-- 3 Misc Combustion
Line 31. Unit.
27337..................... Oxidation Oven-- 3 Misc Combustion
Line 31. Unit.
27338..................... Cleaver Brooks 6 Boiler.
Boiler.
UC Davis Medical Center........ 17549..................... Combined Cycle 260 Gas Turbine.
Turbine.
20216..................... Boiler 1.......... 32 Boiler.
20217..................... Boiler 2.......... 32 Boiler.
20218..................... Boiler 3.......... 32 Boiler.
20219..................... Boiler 4.......... 32 Boiler.
Sacramento Metropolitan Utility 27140..................... Babcock & Wilcox 109 Boiler.
District (SMUD) Procter & 27141 and 27132........... Boiler. 583 Gas Turbine and
Gamble Power Plant. 27142 and 27133........... Gas Turbine 1A.... 583 Duct Burner.\a\
Gas Turbine 1B.... Gas Turbine and
Duct Burner.\a\
27143..................... Gas Turbine 1C.... 500 Gas Turbine.
27144..................... Boiler 1B......... 109 Boiler.
SMUD Cosumnes Power Plant...... 25801..................... Turbine 2......... 2,200 Gas Turbine.
25800..................... Turbine 3......... 2,200 Gas Turbine.
SMUD Campbell Power Plant...... 27118 and 27116........... Gas Turbine....... 1,410 Gas Turbine and
Duct Burner.\a\
SMUD Carson Power Plant........ 27151 and 27153........... Gas Turbine....... 600 Gas Turbine and
Duct Burner.\a\
27154..................... Cleaver Brooks 100 Boiler.
Boiler.
27156..................... Turbine 27156..... 450 Gas Turbine.
----------------------------------------------------------------------------------------------------------------
\a\ These units are combined cycle gas turbines, which consist of a simple cycle gas turbine combined with a
duct burner, and are listed under the same permit document with separate permit numbers. For clarity, we are
including the duct burner permit number in addition to the turbine permit number.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.
III. EPA Action
No comments were submitted on the proposed action, and there is no
change to our assessment of the SIP revision as described in our
proposed action. Therefore, as authorized in section 110(k)(3) of the
Act, the EPA is approving these District Permits into the California
SIP. In addition, we are approving the major source NOX
element for SMAQMD's RACT obligation for the 2008 ozone NAAQS. This
approval corrects all deficiencies identified in our June 30, 2023
partial disapproval of the major NOX element of the 2017
RACT SIP (88 FR 42248), permanently stopping all sanction clocks
associated with that partial disapproval. Moreover, this approval
corrects the final remaining deficiency identified in our February 3,
2017 finding of failure to submit action for the SMAQMD's 2008 ozone
NAAQS RACT SIP obligation (82 FR 9158). In addition, it terminates the
EPA's obligation to promulgate a Federal Implementation Plan in
response to that action.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
District Permits contained in the submitted SIP revision and listed in
Table 2 of this preamble, which establish NOX emission
limits for specific major sources in the District. The EPA has made,
and will continue to make, these documents 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).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve State
choices, provided that
[[Page 78257]]
they meet the criteria of the Clean Air Act. Accordingly, this action
merely approves State law as meeting federal requirements and does not
impose additional requirements beyond those imposed by State law. For
that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 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 approves 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 communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
The EPA defines 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 industrial, governmental, and commercial operations or programs and
policies.''
The District did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. The EPA did not perform an EJ
analysis and did not consider EJ in this action. Due to the nature of
the action being taken here, this action is expected to have a neutral
to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goals of
Executive Order 12898 of achieving EJ for communities with EJ concerns.
This action is subject to the Congressional Review Act (CRA), and
the EPA will submit a rule report to each House of the Congress and to
the Comptroller General of the United States. This action is not a
``major rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 25, 2024. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review, nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 18, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the Environmental
Protection Agency amends part 52, chapter I, title 40 of the Code of
Federal Regulations as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(599)(ii)(A)(2)
and (c)(617) to read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(599) * * *
(ii) * * *
(A) * * *
(2) The Reasonably Available Control Technology (RACT)
determination for non-CTG major sources of NOX as contained
in the RACT State Implementation Plan (SIP) for the 2008 8-Hour Ozone
National Ambient Air Quality Standards (NAAQS) (``Demonstration of
Reasonably Available Control Technology for the 2008 Ozone NAAQS''), as
adopted on March 23, 2017.
* * * * *
(617) The following regulations and materials were submitted
electronically on April 11, 2024, by the Governor's designee as an
attachment to a letter dated April 10, 2024.
(i) Incorporation by reference. (A) Sacramento Metropolitan Air
Quality Management District.
(1) Permit to Operate No. 24611--Eisenmann Oxidation Oven 1, issued
to Mitsubishi Chemical Carbon Fiber & Composites, Inc., as revised on
February 23, 2024.
(2) Permit to Operate No. 25925--Maxon Oxidation Oven 2, issued to
Mitsubishi Chemical Carbon Fiber & Composites, Inc., as revised on
February 23, 2024.
(3) Permit to Operate No. 24613--Eisenmann Oxidation Oven 3, issued
to Mitsubishi Chemical Carbon Fiber & Composites, Inc., as revised on
February 23, 2024.
(4) Permit to Operate No. 24614--Eisenmann Oxidation Oven 4, issued
to Mitsubishi Chemical Carbon Fiber & Composites, Inc., as revised on
February 23, 2024.
(5) Permit to Operate No. 27336--Despatch Oxidation Oven Line 31,
issued to Mitsubishi Chemical Carbon Fiber and Composites Inc., as
revised on February 23, 2024.
(6) Permit to Operate No. 27337--Despatch Oxidation Oven Line 31,
[[Page 78258]]
issued to Mitsubishi Chemical Carbon Fiber and Composites Inc., as
revised on February 23, 2024.
(7) Permit to Operate No. 27338--Cleaver Brooks Boiler, issued to
Mitsubishi Chemical Carbon Fiber and Composites Inc., as revised on
February 23, 2024.
(8) Permit to Operate No. 17549--General Electric Gas Turbine,
issued to UCD Medical Center, as revised on February 23, 2024.
(9) Permit to Operate No. 20216--Johnston Boiler Company Boiler 1,
No. 20217--Johnston Boiler company Boiler 2, No. 20218--Johnston Boiler
Company Boiler 3, No. 20219--Johnston Boiler Company Boiler 4, issued
to UCD Medical Center, as revised on February 23, 2024.
(10) Permit to Operate No. 27140--Babcock & Wilcox Boiler, issued
to Sacramento Municipal Utility District Financing Authority DBA
Procter and Gamble Power Plant, as revised on February 23, 2024.
(11) Permit to Operate No. 27141--General Electric Gas Turbine 1A
and No. 27132--Duct Burner 1A, issued to Sacramento Municipal Utility
District Financing Authority DBA Procter and Gamble Power Plant, as
revised on February 23, 2024.
(12) Permit to Operate No. 27142--General Electric Gas Turbine 1B
and No. 27133--Duct Burner 1B, issued to Sacramento Municipal Utility
District Financing Authority DBA Procter and Gamble Power Plant, as
revised on February 23, 2024.
(13) Permit to Operate No. 27143--General Electric Gas Turbine 1C,
issued to Sacramento Municipal Utility District Financing Authority DBA
Procter and Gamble Power Plant, as revised on February 23, 2024.
(14) Permit to Operate No. 27144--Cleaver Brooks Boiler 1B, issued
to Sacramento Municipal Utility District Financing Authority DBA
Procter and Gamble Power Plant, as revised on February 23, 2024.
(15) Permit to Operate No. 25801--General Electric Gas Turbine 2,
issued to Sacramento Municipal Utility District Financing Authority
(SFA)--Cosumnes Power Plant, as revised on February 23, 2024.
(16) Permit to Operate No. 25800--General Electric Gas Turbine 3,
issued to Sacramento Municipal Utility District Financing Authority
(SFA)--Cosumnes Power Plant, as revised on February 23, 2024.
(17) Permit to Operate No. 27118--Siemens Gas Turbine and No.
27116--Duct Burner, issued to Sacramento Municipal Utility District
Financing Authority DBA Campbell Power Plant, as revised on February
23, 2024.
(18) Permit to Operate No. 27151--General Electric Gas Turbine and
No. 27153--Duct Burner, issued to Sacramento Municipal Utility District
Financing Authority DBA Carson Power Plant, as revised on February 23,
2024.
(19) Permit to Operate No. 27154--Cleaver Brooks Boiler, issued to
Sacramento Municipal Utility District Financing Authority DBA Carson
Power Plant, as revised on February 23, 2024.
(20) Permit to Operate No. 27156--General Electric Gas Turbine,
issued to Sacramento Municipal Utility District Financing Authority DBA
Carson Power Plant, as revised on February 23, 2024.
(B) [Reserved]
(ii) Additional materials. (A) Sacramento Metropolitan Air Quality
Management District.
(1) ``State Implementation Plan Submittal: Reasonably Available
Control Technology (RACT) Permits for Major Stationary Sources of
Nitrogen Oxides,'' dated February 26, 2024.
(2) [Reserved]
(B) [Reserved]
* * * * *
Sec. 52.237 [Amended]
0
3. Section 52.237 is amended by removing and reserving paragraph
(b)(1)(iii).
[FR Doc. 2024-21729 Filed 9-24-24; 8:45 am]
BILLING CODE 6560-50-P
