6560-50-P
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2024-0197; FRL-11981-01-R9]
Air Plan Revisions; California; Sacramento Metropolitan Air Quality Management
District; Reasonably Available Control Technology District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve state
implementation plan (SIP) revisions from the Sacramento Metropolitan Air Quality Management
District (SMAQMD or “District”) to address Clean Air Act (CAA or “Act”) requirements related
to the 2008 8-hour ozone national ambient air quality standards (NAAQS or “standards”). These
revisions concern emissions of oxides of nitrogen (NOX) from boilers, gas turbines, and
miscellaneous (misc) combustion units and reasonably available control technology (RACT)
requirements for major sources of NOX in the portion of the Sacramento Metro, CA,
nonattainment area that is subject to SMAQMD jurisdiction. We are taking comments on this
proposal and plan to follow with a final action.
DATES: Comments must be received on or before [Insert date 30 days after date of
publication in the FEDERAL REGISTER].
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-OAR-2024-0197
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 a disability 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: Eugene Chen, EPA Region IX, 75
Hawthorne Street (AIR-3-3), San Francisco, CA 94105. By phone: (415) 947-4304 or by email
at chen.eugene@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, “we,” “us,” and “our”
refer to the EPA.
Table of Contents
I.

The State’s Submittal
What documents did the State submit?
Are there other versions of the submitted documents?
What is the purpose of the submitted documents?
II.
The EPA’s Evaluation and Proposed Action
A.
How is the EPA evaluating the submitted documents?
B.
Do the submitted documents meet the evaluation criteria?
1.
Boilers
2.
Gas Turbines
3.
Miscellaneous Combustion Units
C.
Public comment and proposed action
III.
Incorporation by Reference
IV.
Statutory and Executive Order Reviews
A.
B.
C.

I.

The State’s Submittal

A.

What documents did the State submit?
Table 1 lists the documents addressed by this proposal with the dates that they were

adopted by the local air agency and submitted by the California Air Resources Board (CARB).
TABLE 1 - SUBMITTED DOCUMENTS
Local
Agency

Document
/Rule No.

Document Title

Adopted

Submitted

SMAQMD

--

Reasonably Available Control
Technology (RACT) Permits for Major
Stationary Sources of Nitrogen Oxides

03/28/2024

04/11/2024

On March 28, 2024, SMAQMD adopted portions of several permits issued under the
District’s SIP-approved New Source Review (NSR) permit program for submittal into the SIP.
These permits contain requirements that regulate emissions of NOX, and the District adopted
these permits for SIP submission to ensure that its major sources of NOX are subject to federally
enforceable RACT requirements. A list of the permits (“District Permits”) contained in this SIP
revision is included in Table 2 below. On April 11, 2024, CARB submitted this SIP revision to
the EPA for approval as a revision to the California SIP. The EPA has reviewed this submittal
and finds that it fulfills the completeness criteria of appendix V.1
TABLE 2 – DISTRICT PERMITS INCLUDED IN APRIL 11, 2024 SUBMITTAL
Source Name
Mitsubishi
Chemical
Carbon Fiber
and Composites

UC Davis
Medical Center

Sacramento
Metropolitan
Utility District

Permit
Number
24611
25925
24613
24614
25397
25398
25399
17549
20216
20217
20218
20219
27410
Unit Name/ID

Unit Size
(MMBtu/hr)
Oxidation Oven 1
2
Oxidation Oven 2
2
Oxidation Oven 3
2
Oxidation Oven 4
2
Oxidation Oven - Line 31
3
Oxidation Oven - Line 31
3
Cleaver Brooks Boiler
6
Combined Cycle Turbine
260
Boiler 1
32
Boiler 2
32
Boiler 3
32
Boiler 4
32
Babcock & Wilcox
109
Boiler
Gas Turbine 1A
Unit Type
Misc Combustion Unit
Misc Combustion Unit
Misc Combustion Unit
Misc Combustion Unit
Misc Combustion Unit
Misc Combustion Unit
Boiler
Gas Turbine
Boiler
Boiler
Boiler
Boiler
Boiler
Gas Turbine

See Docket Item A-14, 40 CFR Appendix V to Part 51 – Criteria for Determining the Completeness of Plan
Submissions.
Source Name
(SMUD) Procter
& Gamble
Power Plant
SMUD
Cosumnes
Power Plant
SMUD
Campbell Power
Plant
SMUD Carson
Power Plant

B.

Permit
Number
27142
27143
27144
25801
Unit Name/ID
Gas Turbine 1B
Gas Turbine 1C
Boiler 1B
Turbine 2
Turbine 3

Gas Turbine

27151
27154
Turbine 27151
Cleaver Brooks Boiler
Turbine 27156

Unit Size
(MMBtu/hr)
583
500
109
2,200
2,200

Unit Type
Gas Turbine
Gas Turbine
Boiler
Gas Turbine
Gas Turbine

1,410

Gas Turbine

600
100
Gas Turbine
Boiler
Gas Turbine

Are there other versions of the submitted documents?
We have not previously approved district permits into the SIP for any of the sources

listed in Table 2. The District Permits were submitted to address our June 30, 2023 action that
finalized a partial approval and partial disapproval of the District’s “Demonstration of
Reasonably Available Control Technology for the 2008 Ozone NAAQS” (“2017 RACT SIP”).
The District’s 2017 RACT SIP was submitted to demonstrate that its stationary sources are
subject to RACT rules for the 2008 8-hour ozone NAAQS.2 Our partial disapproval related
solely to the RACT element for major sources of NOX that relied upon three district rules: Rule
411 (NOx from Boilers, Process Heaters and Steam Generators), Rule 413 (Stationary Gas
Turbines), and Rule 419 (NOx from Miscellaneous Combustion Units). Rules 411 and 413 have
previously been approved into the SIP, but Rule 419 was locally adopted and submitted to the
EPA as part of the 2017 RACT SIP development process and has not been approved into the SIP.
As part of our June 30, 2023 final action, we identified deficiencies with the submitted version of
Rule 419 but did not act to approve or disapprove that rule. As discussed in greater detail below,
the District elected to submit source-specific permits, rather than submitting rule revisions, to
address the deficiencies we identified in our June 30, 2023 final action.

88 FR 42248.

C.

What is the purpose of the submitted documents?
Emissions of NOX 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 plans that provide for implementation, maintenance, and
enforcement of the NAAQS. In addition, CAA sections 182(b)(2) and (f) require that SIPs for
ozone nonattainment areas classified as “Moderate” or higher implement RACT for any category
of sources covered by a control techniques guidelines (CTG) document and for any major
stationary source of volatile organic compounds (VOCs) or NOX. The SMAQMD regulates the
Sacramento County portion of the Sacramento Metro, CA, ozone nonattainment area that is
classified as “Severe” nonattainment for the 2008 ozone NAAQS.3 Therefore, the SMAQMD
must, at a minimum, ensure that all categories of sources covered by a CTG document and all
major stationary sources of VOCs or NOX within the District implement RACT-level controls. In
a Severe ozone nonattainment area, any stationary source that emits or has the potential to emit
at least 25 tons per year (tpy) of VOCs or NOX is considered a major stationary source.
The SMAQMD relies upon several district rules to implement RACT for major sources
of NOX, including Rule 411 (NOx from Boilers, Process Heaters and Steam Generators), Rule
413 (Stationary Gas Turbines), and Rule 419 (NOX from Miscellaneous Combustion Units). As
we explained in our June 30, 2023 final action on the 2017 RACT SIP, Rule 413 contains a
provision that explicitly exempts affected units from complying with emission limitations during
periods of startup and shutdown and does not provide for an alternative emission limitation
during such periods. Rules 411 and 419 contain monitoring provisions that preclude the use of
specified data for determining compliance with emission limitations during periods of startup
and shutdown. These provisions are inconsistent with the EPA’s Startup, Shutdown, and
Malfunction (SSM) Policy as established in the EPA’s 2015 SSM SIP Action.4 The deficiencies

3
40 CFR 81.305.
“State Implementation Plans: Response to Petition for Rulemaking; Restatement and Update of EPA's SSM Policy

with these three rules were the basis for our disapproval of the major source NOX element of the
2017 RACT SIP.
In Environ. Comm. Fl. Elec. Power v. EPA, 94 F.4th 77 (D.C. Cir. 2024), the D.C. Circuit
held that the EPA impermissibly issued a SIP call, under CAA section 110(k)(5), in its 2015
SSM SIP Action5 for certain SIP provisions applicable to emissions during SSM events,
including certain automatic exemption type provisions that the EPA had previously approved.6
While the D.C. Circuit vacated certain SIP calls in EPA’s 2015 SSM SIP Action, that vacatur
was premised on the view that the Agency did not make a predicate determination that the
specific provisions at issue were emissions limitations or that it was “necessary or appropriate”
under CAA 110(a)(2)(A) that the SIP provisions must be emission limitations. EPA continues to
interpret its longstanding interpretation that, pursuant to CAA section 302(k), emission
limitations must be continuous and apply at all times, consistent with the decision in Environ.
Comm. Fl. Elec. Power v. EPA. The Court did not vacate EPA’s longstanding guidance for
developing alternative emission limitations (AELs), should a state or air jurisdiction choose to
develop and submit AELs into their SIP as a means to ensuring they are meeting the applicable
CAA requirement that emission limitations must be continuous.7 States and/or air jurisdictions
are not precluded from submitting a SIP revision that establishes AELs, as SMAQMD did so
here.
Following our June 30, 2023 final action disapproving the major source NOX RACT
element, SMAQMD examined the permits issued under the District’s SIP-approved NSR permit
program for each of the NOX major sources that rely upon Rule 411, 413, or 419 for RACT. The
District identified conditions in each district permit that established NOX emission limits that
apply at all times. SMAQMD also identified monitoring, recordkeeping, and reporting conditions

Applicable to SIPs; Findings of Substantial Inadequacy; and SIP Calls To Amend Provisions Applying to Excess
Emissions During Periods of Startup, Shutdown and Malfunction,” 80 FR 33840 (June 12, 2015).
5 See 80 FR 33840.
6 See Environ. Comm. Fl. Elec. Power v. EPA, 94 F.4th 77 (D.C. Cir. 2024).
7 See 80 FR 33912-33914 and State Implementation Plans: Policy Regarding Excess Emissions During Malfunction,
Startup, and Shutdown (1999 SSM Guidance).

from each district permit to determine compliance with the rule and permit requirements. These
District Permits are intended to remedy the SSM deficiencies, in combination with Rule 411 and
Rule 413 requirements, and are intended to implement RACT for major sources of NOX in the
District. Our technical support document (TSD) has more detailed information about these
District Permits.
In addition, we note that the locally-adopted NSR permits that served as the basis of the
submitted District Permits contain emission limits and other requirements unrelated to NOX
RACT that the District is not seeking to approve into the SIP. As a result, the District has
redacted those portions of the submitted permits, such as conditions related to carbon monoxide
(CO), particulate matter (PM), state toxics, and other requirements that are not necessary for
implementing NOX RACT.
II. The EPA’s Evaluation and Proposed Action
A.

How is the EPA evaluating the submitted documents?
Rules in the SIP must be enforceable (see CAA section 110(a)(2)) and must not interfere

with applicable requirements concerning attainment and reasonable further progress or other
CAA requirements (see CAA section 110(l)). Generally, SIP rules must require the
implementation of RACT for each category of sources covered by a CTG, as well as each major
source of NOX or VOC in ozone nonattainment areas classified as Moderate or higher (see CAA
section 182(b)(2)). The SMAQMD regulates a portion of an ozone nonattainment area classified
as Severe for the 2008 ozone NAAQS and is therefore responsible for ensuring that the
applicable sources implement RACT-level controls for that ozone standard. The District Permits
were submitted to be incorporated into the SIP to implement RACT-level controls and to fulfill
the requirements associated with the major source NOX element for the 2008 ozone NAAQS.
Guidance and policy documents that we used to evaluate enforceability,
revision/relaxation, and 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.

State Implementation Plans: Response to Petition for Rulemaking; Restatement and
Update of EPA’s SSM Policy Applicable to SIPs; Findings of Substantial Inadequacy;
and SIP Calls to Amend Provisions Applying to Excess Emissions During Periods of
Startup, Shutdown and Malfunction,” 80 FR 33839, June 12, 2015.

5.

“Guidance Memorandum: Withdrawal of the October 9, 2020, Memorandum Addressing
Startup, Shutdown, and Malfunctions in State Implementation Plans and Implementation
of the Prior Policy,” September 30, 2021.

B.

Do the submitted documents meet the evaluation criteria?
We have grouped our evaluation of the submitted documents into three categories

corresponding to the three types of units that comprise the major NOX sources listed in Table 2.
1. Boilers
The SMAQMD is relying upon requirements contained in the current SIP-approved
version of Rule 411 and in the submitted District Permits to implement RACT for the boilers
listed in Table 2. In our June 30, 2023 final action on the 2017 RACT SIP, we evaluated the
stringency of applicable Rule 411 NOX limits, which vary from 9 parts per million (ppm) to 15
ppm, and do not apply during periods of startup and shutdown.8 We determined that the emission
limits in SIP-approved Rule 411 achieve RACT-level stringency, but we disapproved based on
the Agency’s SSM policy. We have not identified any information since our June 30, 2023 final

88 FR 42248. See TSD for that action, which is also included in the docket for this rulemaking.

action to alter our evaluation that the stringency of the NOX emission limits are RACT.
The District Permits contain source-specific pound per day (lb/day) NOX limits for each
boiler listed in Table 2. These lb/day mass emission limits are continuous and apply at all times.
They were developed by converting the allowable short-term pound per hour (lb/hr) emission
limit applicable during normal operations for each source to a 24-hr average basis. The allowable
lb/hr emission limit for each source was established pursuant to the control technology
determinations made via the NSR permitting process and is based upon a concentration limit that
varies by district permit between 5 to 9 ppm.9 Submitting these lb/day limits into the SIP will
ensure that mass emissions during startup and shutdown do not exceed the mass emissions
allowed during periods of normal operation on a 24-hour average basis. As discussed above, we
consider the Rule 411 NOX limits to achieve RACT-level stringency, and these lb/hr District
Permit limits achieve or exceed this same level of stringency on a mass basis, and they are
applicable at all times. As a result, when combined with Rule 411 limits, these District permit
limits will ensure that the affected units are subject to limits with RACT-level stringency at all
times. In addition, we determined that the emission limits contained in these District Permits are
consistent with the criteria recommended in the EPA’s SSM Policy as appropriate considerations
for developing emission limitations in the SIP provisions applicable during startup and
shutdown. Additional information regarding our evaluation of District Permit limits, including
their consistency with SSM policy criteria, is included in our TSD for this action.
Based on the existing SIP-approved NOX limits in Rule 411, combined with the NOX
limits that apply at all times contained in the submitted District Permits, we propose to determine
that the District has established requirements in the SIP that are consistent with the EPA’s SSM
policy and implement RACT for the boilers listed in Table 2.
2. Gas Turbines

In no case is any source’s short term lb/hr emission limit based on a concentration higher than 9 ppm, which is also
the most stringent NOx emission standard established in Rule 411.
For the gas turbines listed in Table 2, the SMAQMD is relying upon requirements
contained in the current SIP-approved version of Rule 413 and in the submitted District Permits
to implement RACT. In our June 30, 2023 final action on the 2017 RACT SIP, we evaluated the
stringency of the 9 ppm NOX limit established by the SIP-approved version of Rule 413.10 We
determined that the emission limit in SIP-approved Rule 413 achieves RACT-level stringency
but disapproved based on the Agency’s SSM policy because the emission limits in the rule do
not apply during periods of startup and shutdown. We have not identified any information since
our June 30, 2023 final action to alter our evaluation that the stringency of the NOX emission
limits comprise RACT.
The District Permits contain source-specific lb/day NOX limits for each gas turbine listed
in Table 2. These lb/day mass emission limits are continuous and apply at all times. The sourcespecific lb/day NOX limits for the gas turbines were developed by examining the maximum
number of hours of each mode of operation is allowed in a single day, the maximum lb/hr
emission rate for each mode of operation (either startup or normal operation), and summing the
24 hourly mass emission values corresponding to each hour’s mode of operation to develop a
total lb/day emission limit. The maximum lb/hr emission limit during normal operations for each
source was established pursuant to the control technology determinations made via the NSR
permitting process and is based on a concentration limit that varies by district permit between 2.5
to 5 ppm.11 As a result, the lb/day limits in each source’s district permit, which apply at all times,
will constrain mass emissions of NOX to a level consistent with maximum permitted frequency
and duration of shutdown events and also to a level of normal operations that is more stringent
than Rule 413 concentration limits. In other words, we consider the Rule 413 NOX limits to
achieve RACT-level stringency because these District Permit limits achieve or exceed the most
stringent level of control in these limits on a mass basis and they are applicable at all times.

88 FR 42252. See also TSD for that action, which is available in the docket for this rulemaking.
In all cases, each source’s short term lb/hr emission limit during normal operations is based on a concentration
limit that is more stringent than 9 ppm, which is the most stringent NOx emission standard established in Rule 413.
10
Thus, when combined with Rule 413 emission limits, the District permit limits will ensure that
the affected units are subject to RACT-level stringency at all times. We have determined that the
lb/day emission limits contained in these District Permits are consistent with the criteria
recommended in the EPA’s SSM Policy as appropriate considerations for developing emission
limitations in SIP provisions applicable during startup and shutdown. Further details regarding
our evaluation of District Permit limits, including their consistency with SSM policy criteria, are
included in our TSD for this action.
Based on the existing SIP-approved NOX limits in Rule 413, combined with the NOX
limits that apply at all times contained in the submitted District Permits, we propose to determine
that the District has established requirements in the SIP that are consistent with the EPA’s SSM
policy and implement RACT for the gas turbines listed in Table 2.
3. Miscellaneous Combustion Units
Unlike for boilers and gas turbines, the SMAQMD is not relying upon Rule 419
requirements to implement RACT for the miscellaneous combustion units (carbon fiber
oxidation ovens) listed in Table 2. Instead, it is only relying upon the requirements contained in
the submitted District Permits. As discussed in our June 30, 2023 final action on the 2017 RACT
SIP, the ovens listed in Table 2 are subject to Rule 419, which was submitted to the EPA for
incorporation into the SIP on January 31, 2019. We have not yet proposed action on Rule 419,
and no version of it has been previously approved into the SIP.
The District Permits establish NOX concentration limits of 30 ppm for each oven. These
limits are continuous and apply at all times. The EPA has not published a CTG document or
Alternative Control Techniques (ACT) document that is relevant for the control of NOX
emissions for units such as the carbon fiber oxidation ovens. As a result, we have evaluated the
District Permit limits through comparison with NOX limits established in miscellaneous
combustion unit rules from other California air districts. We have summarized these values in
Table 3 below.

TABLE 3 – COMPARISON OF MISCELLANEOUS COMBUSTION UNIT EMISSION
LIMITS (GASEOUS FUEL ONLY)
Equipment
Sacramento
San
South Coast
Imperial
Ventura
Category
Metro
Joaquin
AQMD
County
County
AQMD
Valley
Rule 1147 APCD Rule APCD Rule
District
Unified
400.4
74.34
Permits
(SJVU) Air
Pollution
Control
District
(APCD)
Rule 4309
NOx emission limit in parts per mission by volume (ppmv)
Asphalt
-40
40
-40
Manufacturing
Incinerator/Cremato
--60
--ry
Metal Heat
Treating/Metal
--60
-60
Melting Furnace
Oven, Dehydrator,
Dryer, Heater, or
30
-30 or 60a
30c
80
Kiln
Other
Miscellaneous
-40
30
-30 or 60a
combustion unit
All miscellaneous
combustion units
-40 - 110
40 or 60a
--when liquid fuelfired
Cooking Unit
40 or 60b
-a 60 ppm if process temperature ≥ 1200 deg F
b 60 ppm if process temperature ≥ 500 deg F
c Imperial County APCD Rule 400.4 applies to wallboard kilns only
As seen in Table 3 above, the 30 ppm limit established in the District Permits is equal to
or exceeds the NOX emission limit established for ovens in other examined ozone nonattainment
areas. In particular, the limit established in the District Permits could be considered the most
stringent limit among all of those evaluated, since it does not provide a separate limit when a unit
is operating above specific process temperatures.
The District Permits also contain source-specific lb/day NOX limits for each oven. These
lb/day mass emission limits are continuous and apply at all times. They were developed by
converting the allowable short-term lb/hr emission limit applicable during normal operations for

each source to a 24-hr average basis. The allowable lb/hr emission limit for each source was
established pursuant to the control technology determinations made via the NSR permitting
process and corresponds to the 30 ppm NOX concentration limit. Submitting these lb/day limits
into the SIP will provide an additional constraint to ensure that mass emissions during startup
and shutdown do not exceed the mass emissions allowed during periods of normal operation on a
24-hour average basis. As a result, we propose to determine that the District has established
requirements in the SIP that implement RACT for the miscellaneous combustion units listed in
Table 2.
Finally, for each of the boilers, gas turbines, and miscellaneous combustion units listed in
Table 2, we are proposing to determine that our approval of the District Permits for each of the
sources would comply with CAA section 110(l), because the proposed SIP revision would
strengthen the SIP by adding new requirements and would not interfere with any applicable CAA
requirements, including requirements for RFP and attainment of the NAAQS. CAA section 193
does not apply to this action because the District Permit conditions have not previously been
approved into the SIP and were therefore not in effect before November 15, 1990.
C.

Public comment and proposed action
As authorized in section 110(k)(3) of the Act, the EPA proposes to approve the District

Permits, as adopted on March 28, 2024, into the California SIP. Based on our discussion in
Section II.B of this document, we propose to determine that the District Permits will comply
with the EPA’s SSM policy and other applicable CAA requirements and will, in conjunction
with the SIP-approved NOX limits already established in Rule 411 and 413, implement RACT
for each major NOX source in the District.
In addition, as discussed in our June 30, 2023 final action, the absence of emission limits
that apply at all times was the basis for our disapproval of the major source NOX element of the
2017 RACT SIP. Since we are proposing to determine that the District Permits, in conjunction
with the SIP-approved NOX limits already established in Rule 411 and 413, implement RACT

for each major NOX source in the District, we are also proposing to approve the major source
NOX element of the District’s 2017 RACT SIP.
We will accept comments from the public on this proposal until [Insert date 30 days
after date of publication in the FEDERAL REGISTER]. If we take final action to approve the
District Permits as proposed, our final action will incorporate these District Permits into the
federally enforceable SIP. In addition, it will permanently stop the sanctions and Federal
implementation plan (FIP) clocks started by our June 30, 2023 final action, and it will address
the EPA’s obligation to promulgate a FIP arising from our February 3, 2017 finding of failure to
submit.12
III. 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 District Permits listed in Table 2, as adopted on March
28, 2024, which regulate NOX emissions from boilers, gas turbines, and miscellaneous
combustion units. 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
Under the CAA, the Administrator is required to approve a SIP submission that complies
with the provision of the Act and applicable federal regulations. 42 U.S.C. 740(k); 40 CFR
52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is to review state choices, and
approve those choices if they meet the minimum criteria of the Act. Accordingly, this proposed
action merely proposes to approve state law as meeting federal requirements and does not

82 FR 9158. The sanctions clock triggered by this finding of failure to submit was permanently stopped by a
finding of completeness made by the EPA on August 23, 2018 for the District’s 2017 RACT SIP submittal.
impose additional requirements beyond those imposed by state law. For that reason, this
proposed action:
•

Is not a significant regulatory action subject to review by the Office of Management
and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and
14094 (88 FR 21879, April 11, 2023);

•

Does not impose an information collection burden under the provisions of the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

•

Is certified as not having a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);

•

Does not contain any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act of 1995 (Public
Law 104-4);

•

Does not have federalism implications as specified in Executive Order 13132 (64 FR
43255, August 10, 1999);

•

Is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it
proposes to approve a state program;

•

Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355,
May 22, 2001); and

•

Is not subject to requirements of Section 12(d) of the National Technology Transfer
and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those
requirements would be inconsistent with the CAA.

In addition, 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. In
those areas of Indian country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000).

Executive Order 12898 (Federal Actions To Address Environmental Justice in Minority
Populations and Low-Income Populations, 59 FR 7629, Feb. 16, 1994) directs Federal agencies
to identify and address “disproportionately high and adverse human health or environmental
effects” of their actions on minority populations and low-income populations to the greatest
extent practicable and permitted by law. The EPA defines environmental justice (EJ) as “the fair
treatment and meaningful involvement of all people regardless of race, color, national origin, or
income with respect to the development, implementation, and enforcement of environmental
laws, regulations, and policies.” The EPA further defines the term fair treatment to mean that “no
group of people should bear a disproportionate burden of environmental harms and risks,
including those resulting from the negative environmental consequences of industrial,
governmental, and commercial operations or programs and policies.”
The State did not evaluate EJ considerations as part of its SIP submittal; the CAA and
applicable implementing regulations neither prohibit nor require such an evaluation. The EPA
did not perform an EJ analysis and did not consider EJ in this action. Consideration of EJ is not
required as part of this action, and there is no information in the record inconsistent with the
stated goal of EO 12898 of achieving EJ for people of color, low-income populations, and
Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by reference,
Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and recordkeeping requirements.

Dated: June 25, 2024.

Martha Guzman Aceves,
Regional Administrator,
Region IX.

[FR Doc. 2024-14336 Filed: 7/1/2024 8:45 am; Publication Date: 7/2/2024]