Federal Register - February 22, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules C. What is the purpose of the submitted rules?
II. The EPAs Evaluation A. How is the EPA evaluating these rules?
B. Do the rules meet the evaluation criteria?
III. Proposed Action and Public Comment IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. The States Submittal A. What rules did the State submit?
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adopted by the MCAQMD and submitted by the California Air Resources Board CARB, the Governors designee for California SIP submittals.
Table 1 lists the rules addressed by this action with the dates that they were
TABLE 1SUBMITTED RULES
Rule No.
Rule title
1220
1230
New Source Review Standards Including PSD Evaluations
Action on Applications
This proposed action serves as our formal determination that the submittal for Rules 1220 and 1230 meets the completeness criteria in 40 CFR part 51
Appendix V.
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B. Are there other versions of these rules?
On July 3, 2017, the EPA finalized approval of Rule 1230 and limited approval and limited disapproval of Rule 1220. 82 FR 30770.
C. What is the purpose of the submitted rules?
On July 3, 2017, we listed the following two deficiencies in our final limited approval and limited disapproval of Rule 1220:
Rule 1220 does not contain any provisions specifying that required air quality modeling shall be based on the applicable models, databases, and other requirements specified in Part 51
Appendix W; therefore, the requirements of 40 CFR 51.160f and 51.166l have not been met.
The requirements of 40 CFR
51.166r2 1 have not been met because the rule does not include the necessary information about a sources obligations.
The District addressed the first deficiency by adding provisions to Rule 1220 and addressed the second deficiency by revising Rule 1230.
Rules 1220 and 1230 contain the requirements for review and permitting of individual stationary sources in the MCAQMD. The amended sections of these rules satisfy the statutory and regulatory requirements for the New Source Review NSR program, including the PSD program. The changes the District made to the rules listed above as they pertain to the PSD
program were largely administrative in 1 The 2017 final rule stated incorrectly that the criteria in 40 CFR 51.166r1 had not been met.
Our proposal notice 81 FR 95074, December 27, 2016 and Technical Support Document TSD
correctly noted that only the criteria in 40 CFR
41.166r2 had not been met. See e.g., Section 4.2, number 15 on Page 18 of the TSD for the 2017 final action.
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nature and provide additional clarity to the rules.2
II. The EPAs Evaluation A. How is the EPA evaluating these rules?
The EPA reviewed the revised portions of Rules 1220 and 1230 for compliance with the CAAs general requirements for SIPs in CAA section 110a2, the EPAs regulations for stationary source permitting programs in 40 CFR part 51, 51.16051.164 and 51.166, and the CAA requirements for SIP revisions in CAA section 110l. The EPA is proposing approval of Rules 1
220: New Source Review Standards Including PSD Evaluations and 1230:
Action on Applications.
B. Do the rules meet the evaluation criteria?
With respect to procedural requirements, CAA sections 110a2
and 110l require that revisions to a SIP
be adopted by the state after reasonable notice and public hearing. Based on our review of the public process documentation included in the August 10, 2020 submittal of the MCAQMD
Rules 1220 and 1230, we find that the MCAQMD has provided sufficient evidence of public notice, opportunity for comment and a public hearing prior to adoption and submittal of these rules to the EPA.
We have determined that the revised sections of the rules satisfy all of the statutory and regulatory requirements for a PSD permit program as set forth in the applicable provisions of Part C of Title I of the Act and in 40 CFR part 51, 51.16051.164 and 51.166. The revisions to these rules address and correct the limited disapproval issues from our July 3, 2017 final action.
2 Rule 1220 includes a potential typographical error. The term bases should be databases. This error does not impact applicability nor enforceability. We recommend correcting the language the next time the rule is amended. Please see the TSD, located in the docket for this rule, for additional information.
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Our Technical Support Document, which can be found in the docket for this rule, contains a more detailed discussion and analysis of the approval criteria and the Districts submittal.
III. Proposed Action and Public Comment As authorized in section 110k3 of the Act, the EPA is proposing to approve the submitted rules because they correct the previously identified deficiencies and fulfill all relevant CAA
requirements. We will accept comments from the public on this proposal until March 24, 2021. If we finalize this action as proposed, our action will be codified through revisions to 40 CFR
52.220a Identification of plan-in part.
IV. 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 MCAQMD 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.
V. Statutory and Executive Order Reviews Under the CAA, 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. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, the EPAs role is to approve state choices, provided that they meet the criteria of the Act. Accordingly, this 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 action:
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