Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Proposed Rules 29105 

51.5, the EPA is proposing to 

incorporate by reference the CARB rule 

listed in Table 1 and discussed in 

Section I of this preamble. The EPA has 

made, and will continue to make, these 

materials available through https://

www.regulations.gov and at the EPA 

Region IX Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

IV. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive orders can be 

found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA because this action does not 

impose additional requirements beyond 

those imposed by state law. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities beyond those imposed by state 

law. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. This action does not 

impose additional requirements beyond 

those imposed by state law. 

Accordingly, no additional costs to 

state, local, or tribal governments, or to 

the private sector, will result from this 

action. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Coordination 

With Indian Tribal Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175, because 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, and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive order. This action is not 

subject to Executive Order 13045 

because it does not impose additional 

requirements beyond those imposed by 

state law. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Section 12(d) of the NTTAA directs 

the EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. The EPA believes that this 

action is not subject to the requirements 

of section 12(d) of the NTTAA because 

application of those requirements would 

be inconsistent with the CAA. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

The EPA lacks the discretionary 

authority to address environmental 

justice in this rulemaking. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: May 4, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2022–10063 Filed 5–11–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2022–0306; FRL–9713–01– 

R9] 

Air Quality State Implementation 

Plans; Approvals and Promulgations: 

California; San Diego County Air 

Pollution Control District; Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

four permitting rules submitted as a 

revision to the San Diego County Air 

Pollution Control District (SDAPCD or 

‘‘District’’) portion of the California 

State Implementation Plan (SIP). These 

revisions concern the District’s New 

Source Review (NSR) permitting 

program for new and modified sources 

of air pollution under section 

110(a)(2)(C) and part D of title I of the 

Clean Air Act (CAA or ‘‘Act’’). This 

action will update the District’s 

applicable SIP with rules revised to 

address a deficiency identified in a 

previous limited disapproval action. We 

are taking comments on this proposal 

and plan to follow with a final action. 

Elsewhere in this issue of the Federal 

Register, we are making an interim final 

determination that will defer the 

imposition of CAA sanctions associated 

with our previous limited disapproval 

action. This action also proposes to 

revise regulatory text to clarify that San 

Diego County is not subject to the 

Federal Implementation Plan related to 

protection of visibility. 

DATES: Comments must be received on 

or before June 13, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2022–0306 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 Confidential 

Business Information (CBI) or other 

information the disclosure of which is 

restricted by statute. Multimedia 


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29106 Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Proposed Rules 

1 85 FR 57727. 

2 86 FR 29522. 

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: 

Laura Yannayon, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 972–3534 or by 

email at yannayon.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. 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. Proposed action and public comment 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules addressed by 

this proposal with the dates when they 

were amended by the District and 

submitted by the California Air 

Resources Board (CARB). These rules 

constitute part of the District’s current 

program for preconstruction review and 

permitting of new or modified 

stationary sources under its jurisdiction. 

The rule revisions that are the subject of 

this action represent an update to the 

SDAPCD’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’’) as well as the general 

preconstruction review requirements 

under section 110(a)(2)(C) of the Act 

(‘‘Minor NSR’’). 

TABLE 1—SUBMITTED RULES

Rule No. Rule title Amended date Submitted date 

11 ...................... Exemptions From Rule 10 Permit Requirements ........................................................ 7/8/2020 9/21/2020 

20.1 ................... New Source Review—General Provisions ................................................................... 10/14/2021 2/2/2022 

20.3 * ................. New Source Review—Major Stationary Sources and PSD Stationary Sources ......... 10/14/2021 2/2/2022 

20.4 * ................. New Source Review—Portable Emission Units ........................................................... 10/14/2021 2/2/2022 

* The following subsections of the Rules 20.3 and 20.4 were not submitted to the EPA for inclusion in the San Diego SIP: Rule 20.3 Subsections (d)(1)(vi), (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3); and Rule 20.4 Subsections (b)(2), (b)(3), (d)(1)(iii), (d)(2)(i)(B), (d)(2)(iv), 

(d)(2)(v)(B), (d)(3) and (d)(5). 

On March 21, 2021, the submittal of 

Rule 11 became complete by operation 

of law. On March 28, 2022, the EPA 

determined that the February 2, 2022 

submittal of revised Rules 20.1, 20.3, 

and 20.4 met the completeness criteria 

in 40 CFR part 51, appendix V, which 

must be met before formal EPA review. 

B. Are there other versions of these 

rules? 

The SIP-approved versions of the 

submitted rules are identified below in 

Table 2. 

TABLE 2—SIP APPROVED RULES

Rule No. Rule title SIP approval date Federal Register 

citation 

11 ...................... Exemptions ................................................................................................................... 10/4/18 83 FR 50007 

20.1 ................... New Source Review—General Provisions ................................................................... 9/16/20 85 FR 57727 

20.3 ................... New Source Review—Major Stationary Sources and PSD Stationary Sources ......... 9/16/20 85 FR 57727 

20.4 ................... New Source Review—Portable Emission Units ........................................................... 9/16/20 85 FR 57727 

If the EPA finalizes the action 

proposed herein, these rules will be 

replaced in the SIP by the submitted set 

of rules listed in Table 1. Additionally, 

as described below, the EPA’s final 

approval of Rule 20.1 will address our 

previous limited disapproval. 

C. What is the purpose of the submitted 

rule revisions? 

As described in further detail below, 

the submitted rules are intended to 

resolve the NSR program deficiency we 

identified in our September 16, 2020 

final action (‘‘2020 NSR Action’’),1

which included a limited disapproval of 

a prior version of Rule 20.1. In addition, 

the submitted rules are intended to 

demonstrate that the District’s NNSR 

program meets the requirements 

applicable to San Diego County 

following the EPA’s June 2, 2021 

reclassification of San Diego County as 

a Severe nonattainment area for the 

2008 and 2015 ozone national ambient 

air quality standards (NAAQS).2 Other 

minor revisions in the rules revise some 

permit exemptions, provide minor edits, 

and address recent changes to regulatory 

requirements related to interpollutant 

trading (IPT) of offsets. 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rules? 

The EPA has evaluated the submitted 

rules to determine whether they address 

the deficiency identified in our 2020 

NSR Action. We have also evaluated the 

rules for compliance with applicable 

regulations at 40 CFR 51.160 through 

51.165, consistent with the District’s 

current classification as a Severe 


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Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Proposed Rules 29107 

3See 86 FR 37918 (July 19, 2021). This decision 

and the regulatory changes made in response are 

discussed in the TSD for this action. 4See TSD for 2018 NSR Action at 28. 

nonattainment area for both the 2008 

and 2015 ozone standards, and 

including the recent removal of 

provisions related to IPT of offsets made 

in response to the D.C. Circuit Court of 

Appeals decision in Sierra Club v. EPA, 

21 F.4th 815 (2021).3 We have also 

reviewed the rules for consistency with 

other CAA general requirements for SIP 

submittals, including requirements at 

section 110(a)(2)(A) regarding rule 

enforceability, and requirements at 

sections 110(l) and 193 for SIP 

revisions. 

The implementing regulations at 40 

CFR 51.165 contain the NNSR program 

requirements for major stationary 

sources and major modifications at 

facilities that are located in a 

nonattainment area and that are major 

sources for the pollutants for which the 

area has been designated nonattainment. 

Section 110(a)(2)(A) of the Act requires 

that regulations submitted to the EPA 

for SIP approval must be clear and 

legally enforceable. Section 110(l) of the 

Act prohibits the EPA from approving 

SIP revisions that would interfere with 

any applicable requirement concerning 

attainment and reasonable further 

progress (RFP) or any other applicable 

requirement of the CAA. Section 193 of 

the Act prohibits the modification of a 

SIP-approved control requirement in 

effect before November 15, 1990, in a 

nonattainment area, unless the 

modification ensures equivalent or 

greater emission reductions of the 

relevant pollutant(s). With respect to 

procedures, CAA sections 110(a) and 

110(l) require that a state conduct 

reasonable notice and hearing before 

adopting a SIP revision. 

B. Do the rules meet the evaluation 

criteria? 

The EPA finds that the submitted 

rules satisfy the applicable CAA and 

regulatory requirements. Below, we 

discuss generally our evaluation of the 

submitted rules. The technical support 

document (TSD) for this proposed 

rulemaking contains a more detailed 

analysis and is included in the docket 

for this action. 

We find that the revision to Rule 20.1 

Section (a) to remove the sentence that 

was the basis for the deficiency 

identified in our 2020 NSR Action 

corrects this deficiency. We find that the 

submitted rules satisfy the applicable 

NNSR requirements for both the 2008 

and 2015 ozone NAAQS, in that the 

rules contain the proper major source 

and major modification thresholds and 

offset ratio for a Severe ozone 

nonattainment area. We find that the 

revisions to Rule 11, ‘‘Exemptions,’’ are 

approvable as the emissions from new 

and revised permit exemptions are 

inconsequential to attainment or 

maintenance of the NAAQS, 

considering local air quality concerns, 

and as the changes to the rule are 

otherwise acceptable. We find that the 

removal of IPT provisions from Rules 

20.3 and 20.4 is consistent with the 

EPA’s recent changes to 40 CFR 

51.165(a)(11) addressing the Sierra Club 

decision and are therefore approvable. 

Finally, we find that the other minor 

non-substantive edits to the rules are 

approvable. 

The submitted rules comply with the 

substantive and procedural 

requirements of CAA section 110(l). 

With respect to the procedural 

requirements, based on our review of 

the public process documentation 

included with the submitted rules, we 

find that the SDAPCD has provided 

sufficient evidence of public notice and 

opportunity for comment and public 

hearings prior to submittal of this SIP 

revision and has satisfied these 

procedural requirements under CAA 

section 110(l). 

With respect to the substantive 

requirements of CAA section 110(l), we 

have determined that our approval of 

the submitted rules would not interfere 

with the area’s ability to attain or 

maintain the NAAQS or with any other 

applicable requirements of the CAA. 

Similarly, we find that the submitted 

rules are approvable under section 193 

of the Act because they do not modify 

any control requirement in effect before 

November 15, 1990, without ensuring 

equivalent or greater emission 

reductions. The submitted rules are 

otherwise consistent with criteria for the 

EPA’s approval of regulations submitted 

for inclusion in the SIP, including the 

requirement at CAA section 110(c)(2)(A) 

that submitted regulations be clear and 

legally enforceable. 

For the reasons stated above and 

explained further in our TSD, we find 

that the submitted NSR rules satisfy the 

applicable CAA and regulatory 

requirements for NNSR permit programs 

under CAA section 110(a)(2)(A) and part 

D of title I of the Act and other 

applicable requirements. This submittal 

also corrects the deficiency described in 

our 2020 NSR Action. If we finalize this 

action as proposed, our action will 

resolve the limited disapproval of Rule 

20.1 and will be codified through 

revisions to 40 CFR 52.220 

(Identification of plan—in part). 

Elsewhere in this issue of the Federal 

Register, we are making an interim final 

determination that will defer the 

imposition of sanctions triggered by that 

limited disapproval. 

C. Proposed Action and Public 

Comment 

As authorized in section 110(k)(3) of 

the Act, the EPA is proposing approval 

of Rules 11, 20.1, 20.3, and 20.4. We are 

proposing this action based on our 

determination that the submitted rules 

satisfy the applicable statutory and 

regulatory provisions governing 

regulation of stationary sources under 

part D of title I of the Act and 

accompanying regulations at 40 CFR 

51.160 through 51.165. In support of our 

proposed action, we have concluded 

that our approval would comply with 

sections 110(l) and 193 of the Act 

because the amended rules will not 

interfere with continued attainment of 

the NAAQS in San Diego County and do 

not relax control technology and offset 

requirements. 

This action would also revise 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 SIPapproved NNSR program. As described 

in more detail in the TSD for this action, 

the EPA has previously found 

Subsection (e)(3) of District Rule 20.3 

acceptable to meet the visibility 

provisions for sources subject to the 

NNSR program at 40 CFR 51.307.4

We will accept comments from the 

public on this proposal until June 13, 

2022. If finalized, this action would 

incorporate the submitted rules into the 

SIP and our action would be codified 

through revisions to 40 CFR 52.220, 

‘‘Identification of plan—in part.’’ 

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 SDAPCD rules described in Table 1 

of this preamble. 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). 


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29108 Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Proposed Rules 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this proposed action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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 an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• 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; 

and 

• Does not provide the EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur dioxide, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: April 29, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2022–09741 Filed 5–11–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52, 75, 78, and 97 

[EPA–HQ–OAR–2021–0668; FRL–8670–03– 

OAR] 

Federal Implementation Plan 

Addressing Regional Ozone Transport 

for the 2015 Ozone National Ambient 

Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: On April 6, 2022, the 

Environmental Protection Agency (EPA) 

proposed a rule titled, ‘‘Federal 

Implementation Plan Addressing 

Regional Ozone Transport for the 2015 

Ozone National Ambient Air Quality 

Standard.’’ The EPA is extending the 

comment period on proposed rule that 

was scheduled to close on June 6, 2022. 

The EPA has received several requests 

for additional time to review and 

comment on the proposed rule 

revisions. 

DATES: The public comment period for 

the proposed ruled published in the 

Federal Register on April 6, 2022 (87 FR 

20036), is being extended. Written 

comments must be received on or before 

June 21, 2022. 

ADDRESSES: The EPA has established 

docket number EPA–HQ–OAR–2021– 

0668 for this action. 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, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this action, 

contact Ms. Elizabeth Selbst, Air Quality 

Policy Division, Office of Air Quality 

Planning and Standards (C539–01), 

Environmental Protection Agency, 109 

TW Alexander Drive, Research Triangle 

Park, NC 27711; telephone number: 

(919) 541–3918; email address: 

Selbst.elizabeth@epa.gov. 

SUPPLEMENTARY INFORMATION: After 

considering the requests to extend the 

public comment period received from 

various parties, the EPA has decided to 

extend the public comment period until 

June 21, 2022. This extension will 

ensure that the public has additional 

time to review the proposed rule. 

Scott Mathias, 

Director, Air Quality Policy Division, Office 

of Air Quality Planning and Standards. 

[FR Doc. 2022–10124 Filed 5–11–22; 8:45 am] 

BILLING CODE 6560–50–P 


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