[Federal Register Volume 89, Number 203 (Monday, October 21, 2024)]
[Rules and Regulations]
[Pages 84085-84086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24223]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2024-0100; FRL-11790-02-R9]


Air Quality Plans; California; San Diego County Air Pollution 
Control District; Permit Program

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 revision to the San Diego County Air Pollution 
Control District (SDAPCD or ``District'') portion of the California 
State Implementation Plan (SIP). The revision expands an existing 
provision that exempts tub grinders and trommel screens that process 
green material from permit requirements to include horizontal grinders 
and the processing of mixtures of green material and food material. The 
revision also adds a definition for ``food material.'' This action is 
being taken pursuant to the Clean Air Act (CAA or ``Act'') and its 
implementing regulations.

DATES: This rule is effective November 20, 2024.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2024-0100. 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: Camille Cassar, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105 or by email at 
<a href="/cdn-cgi/l/email-protection#046765777765762a6765696d686861446174652a636b72"><span class="__cf_email__" data-cfemail="a8cbc9dbdbc9da86cbc9c5c1c4c4cde8cdd8c986cfc7de">[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 April 30, 2024 (89 FR 34178), the EPA proposed to approve the 
following rule into the California SIP.

----------------------------------------------------------------------------------------------------------------
                 Rule No.                              Rule title               Amended date     Submitted date
----------------------------------------------------------------------------------------------------------------
11.......................................  Exemptions From Rule 10 Permit           10/13/2022        05/11/2023
                                            Requirements.
----------------------------------------------------------------------------------------------------------------

    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.

II. Public Comments and EPA Responses

    The 30-day public comment period for the proposed rule ended on May 
30, 2024. During this period, the EPA received one comment, which 
argued for closure or assessment of a carbon tax on marijuana 
dispensaries and reduction of cannabis production in San Diego due to 
the greenhouse gas emissions associated with cannabis production. After 
reviewing the comment, the EPA has determined that the comment fails to 
raise issues germane to the proposed rulemaking, which proposed to 
expand exemptions to a permitting rule to include horizontal grinders 
and the processing of mixtures of green material and food material. 
Therefore, we have determined that this comment does not necessitate a 
response, and the EPA will not provide a specific response to the 
comment in this notice.

III. EPA Action

    Because the one comment received was irrelevant to this action, and 
as authorized in section 110(k)(3) of the Act, the EPA is approving 
SDAPCD Rule 11, ``Exemptions From Rule 10 Permit Requirements'' into 
the California SIP. The October 13, 2022 version of this rule will 
replace the previously approved version of this rule in the SIP.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing 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 SDAPCD 
Rule 11, ``Exemptions From Rule 10 Permit Requirements,'' revised on 
October 13, 2022, which provides specific permit exemptions for sources 
otherwise requiring a permit. The EPA has made, and will continue to 
make, these materials available through https://www.regulations.gov and 
at the EPA Region IX Office (please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this 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 (Pub. L. 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 proposes to approve a state program;

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    <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 rules do 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 
E.O. 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 December 20, 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, 
Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.

    Dated: October 14, 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)(557)(i)(B)(3) and 
(c)(610)(i)(C) to read as follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (557) * * *
    (i) * * *
    (B) * * *
    (3) Previously approved on September 28, 2022, in paragraph 
(c)(557)(i)(B)(1) of this section and now deleted with replacement in 
paragraph (c)(610)(i)(C)(1) of this section: Rule 11, ``Exemptions From 
Rule 10 Permit Requirements,'' revision adopted on July 8, 2020.
* * * * *
    (610) * * *
    (i) * * *
    (C) San Diego County Air Pollution Control District.
    (1) Rule 11, ``Exemptions From Rule 10 Permit Requirements,'' 
revision adopted on October 13, 2022.
    (2) [Reserved]
* * * * *
[FR Doc. 2024-24223 Filed 10-18-24; 8:45 am]
BILLING CODE 6560-50-P


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