[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Rules and Regulations]
[Pages 8078-8080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02164]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2023-0355; FRL-11176-02-R9]


Air Quality Plans; Approvals and Promulgations: California; 
Amador Air District; New Source Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a permitting rule submitted as a revision to the 
Amador Air District (AAD or ``District'') portion of the California 
State Implementation Plan (SIP). This revision concerns the District's 
New Source Review (NSR) permitting program for new and modified sources 
of air pollution under part D of Title I of the Clean Air Act (CAA or 
``Act''). This action will update the District's applicable SIP with a 
rule revised to address deficiencies identified in a previous limited 
disapproval action by the EPA related to the District's NSR permitting 
program under Part D. This final approval action permanently terminates 
all sanctions, sanctions clocks, and federal implementation plan clocks 
triggered by our January 12, 2022 limited disapproval action. This 
action also finalizes regulatory text to clarify that Amador County is 
not subject to the Federal Implementation Plan related to protection of 
visibility.

DATES: This rule will be effective March 7, 2024.

ADDRESSES: The EPA has established a docket for this action under 
Docket No. EPA-R09-OAR-2023-0355. 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. 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: Karima Zulfo, EPA Region IX, 75

[[Page 8079]]

Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3953 or by 
email at <a href="/cdn-cgi/l/email-protection#700a051c161f5e1b1102191d11301500115e171f06"><span class="__cf_email__" data-cfemail="403a352c262f6e2b2132292d21002530216e272f36">[email protected]</span></a>.

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 September 25, 2023, the EPA proposed to approve the rule listed 
in Table 1 into the California SIP.\1\ The rule revisions that are the 
subject of this action represent an update to the District's 
preconstruction review and permitting program and are intended to 
satisfy the requirements under part D of title I of the Act 
(``Nonattainment NSR'' or ``NNSR'').\2\ We proposed to approve this 
rule because we determined that it complies with the relevant CAA 
requirements. Our proposed action contains more information on the rule 
and our evaluation.
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    \1\ 88 FR 65647.
    \2\ As discussed in Section 2.2 of the Technical Support 
Document (TSD) for this action, dated August 2023, Amador County was 
designated as a Moderate nonattainment area for the 1997 ozone 
National Ambient Air Quality Standard (NAAQS) at the time that 
standard was revoked, and is currently designated as a Marginal 
nonattainment area for the 2015 ozone NAAQS. See 40 CFR 81.305. On 
October 7, 2022, the EPA determined that Amador County attained the 
2015 ozone NAAQS by the applicable attainment date. 87 FR 60897.

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
                                                                                          Amended     Submitted
                   Rule No.                                   Rule title                    date         date
----------------------------------------------------------------------------------------------------------------
400...........................................  NSR Requirements for New and Modified     1/17/2023     3/3/2023
                                                 Major Sources in Nonattainment Areas.
----------------------------------------------------------------------------------------------------------------

    The current SIP-approved version of the submitted rule is 
identified below in Table 2.

                                           Table 2--SIP-Approved Rule
----------------------------------------------------------------------------------------------------------------
                                                                                SIP approval    Federal Register
                 Rule No.                               Rule title                  date            citation
----------------------------------------------------------------------------------------------------------------
400.......................................  NSR Requirements for New and            1/12/2022         87 FR 1683
                                             Modified Major Sources in
                                             Nonattainment Areas.
----------------------------------------------------------------------------------------------------------------

    As discussed in our proposal, the rule listed in Table 2 will be 
replaced in the SIP by the submitted rule listed in Table 1 upon our 
final approval. As described in our proposal, the EPA's final approval 
of Rule 400 will resolve all deficiencies forming the basis for our 
previous limited disapproval of the prior version of Rule 400, adopted 
by the District on August 20, 2019, which is listed in Table 2.\3\
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    \3\ 87 FR 1683 (``2022 NSR Action'').
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II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, one non-germane comment was submitted on our 
proposal. A copy of the comment is included in the docket for this 
action.

III. EPA Action

    No germane comments were submitted on our proposal. Therefore, as 
authorized in section 110(k)(3) of the Act, the EPA is approving the 
submitted rule. This action incorporates the submitted rule into the 
California SIP and replaces the previously submitted rule listed in 
Table 2. This approval resolves all deficiencies forming the basis for 
our previous limited disapproval in 2022 of the prior version of Rule 
400, as we find that submitted Rule 400 fully satisfies the relevant 
requirements for preconstruction review and permitting under section 
110 and part D of the Act.\4\ This action also permanently terminates 
all sanctions, sanctions clocks, and federal implementation plan clocks 
triggered by our January 12, 2022 limited disapproval action.
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    \4\ These requirements include all relevant NNSR requirements 
for the 1997 and 2015 ozone NAAQS for areas classified as Moderate 
or Marginal.
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    As noted in our proposal, this action also revises the regulatory 
provisions at 40 CFR 52.281(d) concerning the applicability of the 
visibility federal implementation plan (FIP) at 40 CFR 52.28 as it 
pertains to California, to provide that this FIP does not apply to 
sources subject to review under the District's SIP-approved NNSR 
program. The EPA has previously found Rule 400 acceptable to meet the 
visibility provisions for sources subject to the NNSR program at 40 CFR 
51.307, and the EPA finds that revised Rule 400 continues to satisfy 
those requirements.\5\
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    \5\ See TSD for our 2022 NSR Action, dated July 20, 2021, 
Sections 1, 4.3, 6, and 9. As we noted in our TSD for the current 
action, the submitted revised Rule 400 adds a provision that more 
clearly provides the District the authority to require monitoring in 
Federal Class I areas if deemed necessary, consistent with a 
recommendation by the EPA in our 2022 NSR Action. We find this new 
provision consistent with the EPA's visibility requirements in 40 
CFR 51.307(d). See TSD dated August 2023, Section 3.2.
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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 Rule 400 
NSR Requirements for New and Modified Major Sources in Nonattainment 
Areas, amended 1/17/2023, which implements a nonattainment NSR permit 
program. 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

[[Page 8080]]

provisions of the Act and applicable federal regulations. 42 U.S.C. 
7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's 
role is to approve state choices, provided that they meet the criteria 
of the Clean Air Act. Accordingly, this 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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
    <bullet> 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, 
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 industrial, governmental, and 
commercial operations or programs and policies.'' The State did not 
evaluate environmental justice considerations as part of its SIP 
submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. The EPA did not perform an EJ 
analysis and did not consider EJ in this action. Consideration of EJ is 
not required as part of this action, and there is no information in the 
record inconsistent with the stated goal of Executive Order 12898 of 
achieving environmental justice for people of color, low-income 
populations, and Indigenous peoples.
    This action is subject to the Congressional Review Act, 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 April 8, 2024. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: January 29, 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)(568)(i)(A)(2) and 
(c)(609) to read as follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (568) * * *
    (i) * * *
    (A) * * *
    (2) Previously approved on January 12, 2022, in paragraph 
(c)(568)(i)(A)(1) of this section and now deleted with replacement in 
paragraph (c)(609)(i)(A)(1) of this section: Rule 400, ``NSR 
Requirements for New and Modified Major Sources in Nonattainment 
Areas,'' adopted on August 20, 2019.
* * * * *
    (609) The following regulation was submitted electronically on 
March 3, 2023, by the Governor's designee as an attachment to a letter 
dated March 2, 2023.
    (i) Incorporation by reference. (A) Amador Air District.
    (1) Rule 400, ``NSR Requirements for New and Modified Major Sources 
in Nonattainment Areas,'' adopted on January 17, 2023.
    (2) [Reserved]
    (B) [Reserved]
    (ii) [Reserved]
* * * * *

0
3. Section 52.281 is amended by adding paragraph (d)(14) to read as 
follows:


Sec.  52.281  Visibility protection.

* * * * *
    (d) * * *
    (14) Amador Air District.
* * * * *
[FR Doc. 2024-02164 Filed 2-5-24; 8:45 am]
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