Federal Register - March 30, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Rules and Regulations
primary or secondary NAAQS or any revision thereof, a SIP revision that provides for the implementation, maintenance, and enforcement of such NAAQS.
Section 110a2 of the CAA contains the infrastructure SIP requirements, which generally relate to the information, authorities, compliance assurances, procedural requirements, and control measures that constitute the infrastructure of a states air quality management program. These infrastructure SIP requirements or elements required by section 110a2 are as follows:
Section 110a2A: Emission limits and other control measures.
Section 110a2B: Ambient air quality monitoring/data system.
Section 110a2C: Program for enforcement of control measures and regulation of new and modified stationary sources.
Section 110a2Di: Interstate pollution transport.
Section 110a2Dii: Interstate pollution abatement and international air pollution.
Section 110a2E: Adequate resources and authority, conflict of interest, and oversight of local and regional government agencies.
Section 110a2F: Stationary source monitoring and reporting.
Section 110a2G: Emergency episodes.
Section 110a2H: SIP revisions.
Section 110a2J: Consultation with government officials, public notification, prevention of significant deterioration PSD, and visibility protection.
Section 110a2K: Air quality modeling and submittal of modeling data.
Section 110a2L: Permitting fees.
Section 110a2M: Consultation/
participation by affected local entities.
Two elements identified in section 110a2 are not governed by the threeyear submittal deadline of section 110a1 and are therefore not addressed in this action. These two elements are: i Section 110a2C to the extent it refers to permit programs required under part D nonattainment new source review NSR, and ii section 110a2I, pertaining to the nonattainment planning requirements of part D. As a result, this action does not address requirements for the nonattainment NSR portion of section 110a2C or the whole of section 110a2I.
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B. NAAQS Addressed by This Final Rule Ground-level ozone pollution is formed from the reaction of volatile organic compounds and oxides of nitrogen NOX in the presence of sunlight. These two pollutants, referred to as ozone precursors, are emitted by many types of sources, including on-and off-road motor vehicles and engines, power plants and industrial facilities, and smaller area sources such as lawn and garden equipment and paints.
Scientific evidence indicates that adverse public health effects occur following exposure to elevated levels of ozone, particularly in children and adults with lung disease. Breathing air containing ozone can reduce lung function and inflame airways, which can increase respiratory symptoms and aggravate asthma or other lung diseases.
On October 26, 2015, the EPA
promulgated a revised NAAQS for ozone.1 The EPA had previously promulgated NAAQS for ozone in 1979, 1997 and 2008. The 2015 ozone NAAQS
revised the level of the standards to 0.070 parts per million ppm averaged across eight hours.
C. Californias Submittals In California, the California Air Resources Board CARB or State is the state agency responsible for the adoption of California SIPs and SIP
revisions and submission to the EPA.
CARB submitted its infrastructure SIP
revision 2018 Infrastructure SIP or Californias 2018 Submittal for the 2015 ozone NAAQS on October 1, 2018.2
On June 25, 2020, CARB
supplemented its 2018 Infrastructure SIP by submitting ozone emergency episode contingency plans for San Luis Obispo County APCD, Amador County APCD, Calaveras County APCD, Mariposa County APCD, Northern Sierra AQMD, and Tuolumne County APCD.3
It also submitted an exemption request from emergency episode planning requirements for Lake County AQMD
based on that Districts attainment status. This submittal Californias 2020 Submittal addresses CAA section 1 80
FR 65292.
dated October 1, 2018, from Richard W.
Corey, Executive Officer, CARB, to Michael Stoker, Regional Administrator, EPA Region IX.
3 Letter dated June 16, 2020, from Richard W.
Corey, Executive Officer, CARB, to John Busterud, Regional Administrator, EPA Region IX, with Ozone Emergency Episode Plans for Amador County, San Luis Obispo County, Northern Sierra, Tuolumne County, Mariposa County, and Calaveras County and Exemption Request for Lake County.
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110a2G requirements for the 2015
ozone NAAQS.
We refer to these submittals collectively herein as Californias Infrastructure SIP Submittals.
D. EPAs Proposal On October 16, 2020, we proposed to partially approve and partially disapprove Californias Infrastructure SIP Submittals.4 Specifically, we proposed to approve the submittals for the requirements of CAA sections 110a2A, 110a2B, 110a2E, 110a2F, 110a2G, 110a2H, 110a2K, 110a2L, and 110a2M. We also proposed to partially approve and partially disapprove the submittal for CAA
sections 110a2C, 110a2D, and 110a2J due to PSD program deficiencies in certain air districts.
These partial disapprovals will not create any new consequences for these districts or the EPA as the districts are already subject to the EPAs federal PSD
program at 40 CFR 52.21. They will also not create any new highway sanctions, which are not triggered by disapprovals of infrastructure SIPs. Todays rule finalizes the October 16, 2020 proposal in its entirety.
At this time, the EPA is not acting on the interstate transport requirements of 110a2DiI, which prohibit emission sources from contributing significantly to nonattainment, or interfering with maintenance, of the NAAQS in another state. The EPA will propose action on the interstate transport requirements for the 2015
ozone NAAQS in a separate rulemaking.
II. Public Comments and EPA
Responses The EPAs proposed action provided a 30-day public comment period that ended on November 16, 2020. During this period, the EPA received one comment from an anonymous commenter.5 The comment is not relevant to the EPAs action.
III. Final Action A. Partial Approvals and Partial Disapprovals Under CAA section 110a, we are partially approving and partially disapproving Californias Infrastructure SIP submittals for the 2015 ozone NAAQS. Specifically, we are approving the submittal for the requirements of CAA sections 110a2A, 110a2B, 110a2E, 110a2F, 110a2G,s 110a2H, 110a2K, 110a2L, 4 85
FR 65755.
comment letter is available in the docket for this rulemaking.
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