Air Plan Approval; California; South Coast Air Quality Management District

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Federal RegisterSep 11, 2024
89 Fed. Reg. 73568 (Sep. 11, 2024)
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    Environmental Protection Agency
  • 40 CFR Part 52
  • [EPA-R09-OAR-2023-0494; FRL-11442-02-R9]
  • AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is taking final action on a revision to the South Coast Air Quality Management District (SCAQMD or “the District”) portion of the California State Implementation Plan (SIP). This revision concerns the regulation of emissions of oxides of nitrogen (NOX) and particulate matter (PM) associated with warehouses as indirect sources that attract or may attract mobile source emissions. The EPA is approving SCAQMD Rule 2305, “Warehouse Indirect Source Rule—Warehouse Actions and Investments to Reduce Emissions (WAIRE) Program,” to regulate these emission sources under the Clean Air Act (CAA or “the Act”) as a SIP strengthening.

    DATES:

    This rule is effective October 11, 2024.

    ADDRESSES:

    The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2023-0494. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. 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:

    La Kenya Evans-Hopper, EPA Region IX, 75 Hawthorne St., San Francisco, CA 94105; phone: (415) 972-3245; email: evanshopper.lakenya@epa.gov.

    SUPPLEMENTARY INFORMATION:

    Throughout this document, “we,” “us,” and “our” refer to the EPA.

    Table of Contents

    I. Proposed Action

    II. Public Comments and EPA Responses

    III. EPA Action

    IV. Incorporation by Reference

    V. Statutory and Executive Order Reviews

    I. Proposed Action

    On October 12, 2023 (88 FR 70616) (“proposed rule”), the EPA proposed to approve SCAQMD Rule 2305 as a revision to the SCAQMD portion of the California SIP. Table 1 lists the SCAQMD rule addressed by the proposed rule with the dates that it was adopted by the SCAQMD and submitted by the California Air Resources Board (CARB).

    TABLE 1—SUBMITTED RULE

    Local agency Rule No. Rule title Adopted Submitted
    SCAQMD 2305 Warehouse Indirect Source Rule—Warehouse Actions and Investments to Reduce Emissions (WAIRE) Program 05/07/2021 08/13/2021