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Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Proposed Rules indirect sources associated with new development projects as well as NOX
and PM emissions from certain transportation and transit development projects. We are proposing to approve a local rule to regulate these emission sources under the Clean Air Act CAA
or the Act. We are taking comments on this proposal and plan to follow with a final action.
DATES: Comments must be received on or before March 29, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPAR09
OAR20210014 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:

La
Kenya Evans, EPA Region IX, 75
Hawthorne St., San Francisco, CA

11483

94105. By phone: 415 9723245 or by email at evans.lakenya@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, we, us and our refer to the EPA.
Table of Contents I. The States Submittal A. What rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted rule revision?
II. The EPAs Evaluation and Action A. How is the EPA evaluating the rule?
B. Does the rule meet the evaluation criteria?
C. The EPAs Recommendations To Further Improve the Rule D. Public Comment and Proposed Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews
I. The States Submittal A. What rule did the State submit?
Table 1 lists the rule addressed by this proposal with the dates that it was adopted by the local air agency and submitted by the California Air Resources Board CARB.

TABLE 1SUBMITTED RULE
Local agency SJVUAPCD

Rule No.

Rule title
9510

Indirect Source Review

On November 23, 2018, the submittal for SJVUAPCD Rule 9510 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?
We approved an earlier version of Rule 9510 into the SIP on May 9, 2011
76 FR 26609. The SJVUAPCD adopted revisions to the SIP-approved version on December 21, 2017, and the CARB
submitted the revised rule to the EPA on May 23, 2018. If we take final action to approve the December 21, 2017 version of Rule 9510, this version will replace the previously approved version of this rule in the SIP.
C. What is the purpose of the submitted rule revision?
Emissions of NOX contribute to the production of ground-level ozone, smog and PM, which harm human health and the environment. Emissions of PM, including PM equal to or less than 2.5
microns in diameter PM2.5 and PM
equal to or less than 10 microns in diameter PM10, contribute to effects that are harmful to human health and
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the environment, including premature mortality, aggravation of respiratory and cardiovascular disease, decreased lung function, visibility impairment, and damage to vegetation and ecosystems.
Section 110a of the CAA requires states to submit regulations that control NOX and PM emissions.
Rule 9510 is an indirect source review ISR rule that establishes a mechanism to reduce or offset emissions of NOX and PM10 in the San Joaquin Valley from the construction and use of development projects through design features, on-site measures, and off-site measures. The rule requires applicants of new development projects to reduce operational and construction equipment NOX and PM10 emissions by specific percentages, as compared to an unmitigated baseline. The rule requires applicants to incorporate design features and on-site measures into the development project or pay a mitigation fee for emissions in excess of the requirement. SJVUAPCD uses the fees to fund off-site emission reduction projects.
The SIP-approved version of the rule applies to project applicants seeking final discretionary approval for a
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12/21/17 effective March 21, 2018.

Submitted 05/23/18

development project. However, through implementation of the existing rule, the District has found that projects subject to final discretionary approval can vary between public agencies for the same type of project, especially large development projects. SJVUAPCD
modified Rule 9510 to ensure the rule is applied consistently to all large development projects in the San Joaquin Valley by adding additional applicability criteria for large development projects and making clarifying and editorial changes to the rule. Grandfathered Large Development Projects and previously exempt large development projects that received a building permit, conditional use permit, or other similar approval by March 21, 2018, remain exempt from this rule. The EPAs technical support document TSD has more information about this rule.
II. The EPAs Evaluation and Action A. How is the EPA evaluating the rule?
Rules in the SIP must be enforceable see CAA section 110a2, must not interfere with applicable requirements concerning attainment and reasonable further progress or other CAA

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