Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Proposed Rules 29103 

1The SCAQMD regulates both the South Coast 

Air Basin, and the Riverside County (Coachella 

Valley) ozone nonattainment areas. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2022–0416; FRL–9820–01– 

R9] 

Limited Approval, Limited Disapproval 

of California Air Plan Revisions; 

California Air Resources Board 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing a limited 

approval and limited disapproval of 

California Code of Regulations, Title 17, 

Division 3, Chapter 1, Subchapter 10 

Climate Change, Article 4, Subarticle 13: 

Greenhouse Gas Emission Standards for 

Crude Oil and Natural Gas Facilities 

(Oil and Gas Methane Rule) into the 

California State Implementation Plan 

(SIP). These revisions concern 

emissions of volatile organic 

compounds (VOCs) from crude oil and 

natural gas facilities. We are proposing 

action on a state rule to regulate these 

emission sources under the Clean Air 

Act (CAA or the Act). We are also 

proposing to disapprove the reasonably 

available control technology 

demonstrations for the 2008 and 2015 

ozone National Ambient Air Quality 

Standards (NAAQS) for sources covered 

by the EPA’s 2016 Control Techniques 

Guidelines for the Oil and Natural Gas 

Industry (Oil and Gas CTG) for the 

Sacramento Metropolitan Air Quality 

Management District (SMAQMD), San 

Joaquin Valley Air Pollution Control 

District (SJVAPCD), South Coast Air 

Quality Management District 

(SCAQMD), Ventura County Air 

Pollution Control District (VCAPCD), 

and the Yolo-Solano Air Quality 

Management District (YSAQMD). We 

are taking comments on this proposal 

and plan to follow with a final action. 

DATES: Comments must be received on 

or before June 13, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2022–0416 at https://

www.regulations.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. The EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. If you need 

assistance in a language other than 

English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Law, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 947–4126 or by 

email at law.nicole@epa.gov. Donnique 

Sherman, EPA Region IX, 75 Hawthorne 

St., San Francisco, CA 94105. By phone: 

(415) 947–4129 or by email at 

sherman.donnique@epa.gov. Sina 

Schwenk-Mueller, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 947–4100 or by 

email at SchwenkMueller.Sina@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 did the State submit? 

B. Are there other versions of this rule? 

C. What is the purpose of the submitted 

rule? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. What are the rule deficiencies? 

D. The EPA’s Recommendations To 

Further Improve the Rule 

E. Public Comment and Proposed Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What did the State submit? 

Table 1 lists the rule addressed by this 

proposal with the dates that it was 

adopted and submitted by the California 

Air Resources Board (CARB). 

TABLE 1—SUBMITTED RULE

Agency Rule title Adopted Submitted 

CARB ........................ California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 10 Climate 

Change, Article 4 Subarticle 13: Greenhouse Gas Emission Standards for Crude Oil 

and Natural Gas Facilities (Oil and Gas Methane Rule).

03/23/2017 12/11/2018 

The submission also contains a staff 

report evaluating the Oil and Gas 

Methane Rule against the Federal RACT 

standard, and concluding that the Oil 

and Gas Methane Rule, in combination 

with applicable SIP-approved local air 

district rules, meets the RACT 

requirement for 2008 and 2015 ozone 

National Ambient Air Quality Standards 

(NAAQS) for sources covered by the 

EPA’s 2016 Control Techniques 

Guidelines for the Oil and Natural Gas 

Industry for SMAQMD, SJVAPCD, 

SCAQMD,1 VCAPCD, and YSAQMD. 

On June 11, 2019, the submittal for the 

Oil and Gas Methane Rule was deemed 

by operation of law to meet the 

completeness criteria in 40 CFR part 51 

Appendix V, which must be met before 

formal EPA review. 

B. Are there other versions of this rule? 

There are no previous versions of the 

Oil and Gas Methane Rule in the 

California SIP. 

C. What is the purpose of the submitted 

rule? 

Emissions of VOCs contribute to the 

production of ground-level ozone, smog 

and particulate matter (PM), which 

harm human health and the 

environment. Section 110(a) of the CAA 

requires states to submit regulations that 

control VOC emissions. The Oil and Gas 


khammond on DSKJM1Z7X2PROD with PROPOSALS
29104 Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Proposed Rules 

2 40 CFR 81.305. See also Staff Report at pp. 1– 

2. 

Methane Rule establishes methane 

emission standards for crude oil and 

natural gas facilities in furtherance of 

the California Global Warming 

Solutions Act (AB 32, as codified in 

sections 38500–38599 of the Health and 

Safety Code). Because many of the 

methane controls in the Oil and Gas 

Methane Rule also reduce VOC 

emissions, the Oil and Gas Methane 

Rule was submitted into the California 

SIP as a rule that controls VOC 

emissions. The EPA’s technical support 

document (TSD) has more information 

about this rule. 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule? 

Rules in the SIP must be enforceable 

(see CAA section 110(a)(2)), must not 

interfere with applicable requirements 

concerning attainment and reasonable 

further progress or other CAA 

requirements (see CAA section 110(l)), 

and must not modify certain SIP control 

requirements in nonattainment areas 

without ensuring equivalent or greater 

emissions reductions (see CAA section 

193). 

Generally, SIP rules must require 

reasonably available control technology 

(RACT) for each category of sources 

covered by a Control Techniques 

Guidelines (CTG) document as well as 

each major source of VOCs in ozone 

nonattainment areas classified as 

Moderate or above (see CAA section 

182(b)(2)). Five California air districts 

contain nonattainment areas classified 

as Moderate or above for the 2008 or 

2015 ozone NAAQS, and contain 

operations covered by the Oil and Gas 

CTG: SMAQMD, SJVAPCD, SCAQMD, 

VCAPCD, and YSAQMD.2 We refer to 

these districts collectively as 

‘‘applicable local air districts.’’ The Oil 

and Gas Methane Rule applies 

statewide, including within the 

applicable local air districts. Therefore, 

this rule must implement RACT. 

Guidance and policy documents that 

we used to evaluate enforceability, 

revision/relaxation, and rule stringency 

requirements for the applicable criteria 

pollutants include the following: 

1. ‘‘State Implementation Plans; General 

Preamble for the Implementation of Title I of 

the Clean Air Act Amendments of 1990,’’ 57 

FR 13498 (April 16, 1992); 57 FR 18070 

(April 28, 1992). 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations,’’ 

EPA, May 25, 1988 (the Bluebook, revised 

January 11, 1990). 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule Deficiencies,’’ 

EPA Region 9, August 21, 2001 (the Little 

Bluebook). 

4. EPA 453/B–16–001, Control Techniques 

Guidelines for the Oil and Natural Gas 

Industry, October 2016. 

B. Does the rule meet the evaluation 

criteria? 

The Oil and Gas Methane Rule 

improves the SIP by establishing 

emission limits and by clarifying 

monitoring, recording and 

recordkeeping provisions. The rule is 

largely consistent with CAA 

requirements and relevant guidance 

regarding enforceability, RACT and SIP 

revisions. However, the Oil and Gas 

Methane Rule contains a number of 

deficiencies that preclude full approval. 

The rule provisions that do not meet the 

evaluation criteria are summarized 

below and discussed further in the TSD. 

C. What are the rule deficiencies? 

The Oil and Gas Methane Rule 

contains several provisions that do not 

meet the enforceability or stringency 

criteria. These provisions do not satisfy 

the requirements of section 110 and part 

D of title I of the Act and prevent full 

approval of the SIP revision. Key issues 

include insufficiently bounded 

director’s discretion, lack of clearly 

specified test methods for some 

categories of emission sources, 

undefined terms, references to 

undefined district rules, insufficient 

reporting and recordkeeping, and a lack 

of initial and continuous compliance 

requirements for some categories of 

emission sources. Additionally, the rule 

may not capture all storage tanks in the 

oil and gas sector in the applicable local 

air districts that are required to meet 

RACT; the rule allows delay of leak 

repairs in several sections; and there are 

several exemptions in the rule that may 

reduce the rule’s stringency. The TSD 

includes in-depth descriptions of the 

rule deficiencies. 

In addition, the RACT demonstration 

for the applicable local air districts 

relies on both the Oil and Gas Methane 

Rule, and the SIP-approved local rules 

regulating sources covered by the Oil 

and Gas CTG. Some of these rules 

contain deficiencies that would 

preclude approval of the RACT 

demonstration for these districts, even if 

the deficiencies in the Oil and Gas 

Methane Rule were rectified. These 

deficiencies are identified and 

discussed in the TSD. 

D. The EPA’s Recommendations To 

Further Improve the Rule 

The TSD includes recommendations 

for the next time CARB modifies the 

rule. 

E. Public Comment and Proposed 

Action 

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

the Act, the EPA is proposing a limited 

approval and limited disapproval of the 

submitted rule. Even though the rule 

has deficiencies, the EPA concludes that 

the Oil and Gas Methane Rule would 

substantially strengthen the SIP. The 

limited disapproval for the Oil and Gas 

Methane Rule is based on the 

enforceability and stringency issues 

identified in section II.C. of this notice 

and described in detail in the TSD. 

In addition, as authorized in section 

110(k)(3) of the Act, the EPA is 

proposing a disapproval of the RACT 

demonstrations for the 2008 and 2015 

ozone National Ambient Air Quality 

Standards (NAAQS) for sources covered 

by the Oil and Gas CTG for SMAQMD, 

SJVAPCD, SCAQMD, VCAPCD, and 

YSAQMD. 

We will accept comments from the 

public on this proposal until June 13, 

2022. If finalized, this action would 

incorporate the submitted rule into the 

SIP, including those provisions 

identified as deficient. If we finalize this 

disapproval, CAA section 110(c) would 

require the EPA to promulgate a Federal 

implementation plan within 24 months 

unless we approve subsequent SIP 

revisions that correct the deficiencies 

identified in the final disapproval. 

In addition, final disapproval would 

trigger the offset sanction in CAA 

section 179(b)(2) 18 months after the 

effective date of a final disapproval, and 

the highway funding sanction in CAA 

section 179(b)(1) six months after the 

offset sanction is imposed. A sanction 

will not be imposed if the EPA 

determines that a subsequent SIP 

submission corrects the deficiencies 

identified in our final action before the 

applicable deadline. The EPA intends to 

work with the CARB and the applicable 

local air districts to correct the 

deficiencies in a timely manner. 

Note that the submitted rule has been 

adopted by CARB, and the EPA’s final 

limited disapproval would not prevent 

the State from enforcing it. The limited 

disapproval also would not prevent any 

portion of the rule from being 

incorporated by reference into the 

federally enforceable SIP as discussed in 

a July 9, 1992 EPA memo found at: 

https://www.epa.gov/sites/production/ 

files/2015-07/documents/procsip.pdf. 

III. Incorporation by Reference 

In this rulemaking, 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 


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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 


khammond on DSKJM1Z7X2PROD with PROPOSALS