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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Proposed Rules 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:
Amber Batchelder, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105; by phone: 415 9474174, or by email to batchelder.amber@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?
II. The EPAs Evaluation and Action A. What is the background for this proposal?
B. How is the EPA evaluating the rule?
C. Does the rule meet the evaluation criteria?
D. What are the rule deficiencies?
E. EPA Recommendations To Further Improve the Rule
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F. Proposed Action and Public Comment 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, including the date on which it was adopted by the District and the date on which it was submitted to the EPA
by the California Air Resources Board CARB or the State. The AAD is the air pollution control agency for Amador County in California.

TABLE 1SUBMITTED RULE
Local agency
Rule No.

AAD
1 The
400

B. Are there other versions of this rule?
There are no previous versions of Rule 400 in the SIP.
C. What is the purpose of the submitted rule?
Rule 400 is intended to address the CAAs statutory and regulatory requirements for Nonattainment New Source Review NNSR permit programs for major sources emitting nonattainment air pollutants and their precursors.
II. The EPAs Evaluation and Action A. What is the background for this proposal?

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Adopted
NSR Requirements for New and Modified Major Sources in Nonattainment Areas.

08/20/19

Submitted 1
11/05/19

submittal was transmitted to the EPA via a letter from CARB dated October 31, 2019.

On May 5, 2020, the submittal for AAD Rule 400 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.

The EPAs April 2004 designation of Amador County as a nonattainment area for the 1997 8-hour ozone National Ambient Air Quality Standards NAAQS triggered the requirement for the AAD to develop and submit an NNSR program to the EPA for SIP
approval.2 Although the EPA revoked the 1997 8-hour ozone NAAQS effective April 6, 2015,3 the NNSR requirements applicable to Amador County based on its designation and classification for the revoked 1997 8-hour ozone NAAQS
remain applicable in order to prevent future emissions from new and modified major stationary sources from increasing beyond the levels allowed, based on the areas prior designation 2 CAA
3 80

Rule title
section 172b and 40 CFR 51.914.
FR 12264, 12265 March 6, 2015.

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and classification for the 1997 ozone NAAQS. Thus, because Amador County was designated and classified as Moderate nonattainment for the 1997 8hour ozone NAAQS, the Districts NNSR
program must satisfy the NNSR
requirements applicable to Moderate ozone nonattainment areas, including the offset ratios identified in CAA
section 182b5.4 Amador County is also designated and classified as Marginal nonattainment for the 2015 8hour ozone NAAQS and, therefore, subject to the NNSR requirements applicable to Marginal ozone nonattainment areas.5 Submission of an NNSR program that satisfies the requirements of the Act and the EPAs regulations for Moderate ozone nonattainment areas, however, would satisfy the NNSR program requirements for Marginal ozone nonattainment areas.6
4 The EPAs determination that the Amador County area had attained the 1997 8-hour ozone NAAQS by the applicable attainment date suspended the requirements to submit those SIP
elements related to attainment of these NAAQS for so long as the area continues to attain but did not suspend the requirement to submit an NNSR
program. 40 CFR 51.918; see also 77 FR 71551, 7155371554 Dec. 3, 2012 noting that the EPAs attainment determination does not redesignate the area to attainment or relax control requirements.
5 40 CFR 51.1314.
6 The NNSR requirements applicable to Moderate ozone nonattainment areas are identical to those that apply to Marginal ozone nonattainment areas, except that Moderate nonattainment areas are subject to a more stringent offset ratio than Marginal nonattainment areas. CAA sections 182a2C
requiring permit programs consistent with CAA
sections 172c5 and 173 for ozone nonattainment areas, 182a4 establishing 1.1 to 1 offset ratio for Marginal nonattainment areas, and 182b5
establishing 1.15 to 1 offset ratio for Moderate nonattainment areas and 40 CFR 51.165.

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Additional information regarding the Districts nonattainment status for each pollutant is included in our Technical Support Document TSD, which may be found in the docket for this rule.
B. How is the EPA evaluating the rule?
The EPA reviewed Rule 400 for compliance with CAA requirements for:
1 Stationary source preconstruction permitting programs as set forth in CAA
part D, including CAA sections 172c5
and 173; 2 the review and modification of major sources in accordance with 40 CFR 51.16051.165
as applicable in Moderate ozone nonattainment areas; 3 the review of new major stationary sources or major modifications in a designated nonattainment area that may have an impact on visibility in any mandatory Class I Federal Area in accordance with 40 CFR 51.307; 4 SIPs in general as set forth in CAA section 110a2, including 110a2A and 110a2Ei; 7 and 5 SIP revisions as set forth in CAA section 110l 8 and 193.9 Our review evaluated the 7 CAA section 110a2A requires that regulations submitted to the EPA for SIP approval be clear and legally enforceable, and CAA section 110a2Ei requires that states have adequate personnel, funding, and authority under state law to carry out their proposed SIP revisions.
8 Per CAA section 110l, SIP revisions are subject to reasonable notice and public hearing prior to adoption and submittal by states to the EPA.
Additionally, CAA section 110l prohibits the EPA
from approving any SIP revision that would interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the CAA.
9 CAA section 193 prohibits the modification of any SIP-approved control requirement in effect before November 15, 1990 in a nonattainment area
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