View all text of Subpart F [§ 52.220 - § 52.284]

§ 52.237 - Part D disapproval.

(a) The following portions of the California SIP are disapproved because they do not meet the requirements of Part D of the Clean Air Act.

(1) The ozone and CO attainment demonstrations for the South Coast Air Basin. No major stationary source, or major modification of a stationary source, of carbon monoxide or volatile organic compounds may be constructed in the South Coast Air Basin unless the construction permit application is complete on or before August 30, 1988.

(2) The ozone attainment demonstration for Ventura County. No major stationary source, or major modification of a stationary source, of volatile organic compounds may be constructed in the Ventura County nonattainment area unless the construction permit application is complete on or before November 4, 1988.

(3) The ozone attainment demonstration for the Sacramento AQMA. No major stationary source, or major modification of a stationary source, of volatile organic compounds may be constructed in the Sacramento nonattainment area unless the construction permit application is complete on or before January 3, 1989.

(4) The ozone attainment demonstration for the Fresno County APCD.

(5) The ozone attainment demonstration for the Kern County APCD.

(6) The attainment assessment, motor vehicle emissions budgets, and Reasonably Available Control Measure (RACM) portions of the San Francisco Bay Area Ozone Attainment Plan for the 1-Hour National Ozone Standard, June 1999.

(7) [Reserved]

(8) The contingency measure portion of the 2008 PM2.5 Plan for attainment of the 1997 PM2.5 standards in the San Joaquin Valley (June 2013).

(9) The contingency measure portion of the 2016 Moderate Area Plan for the 2012 PM2.5 Standard (“2016 PM2.5 Plan”), adopted September 15, 2016, as modified by the 2018 Plan for the 1997, 2006, and 2012 PM2.5 Standards (“2018 PM2.5 Plan”), adopted November 15, 2018, for San Joaquin Valley as a Moderate nonattainment area with respect to the 2012 PM2.5 NAAQS.

(10) The contingency measure portion of the 2018 Plan for the 1997, 2006, and 2012 PM2.5 Standards (“2018 PM2.5 Plan”), adopted November 15, 2018, for San Joaquin Valley with respect to the 2006 PM2.5 NAAQS.

(11) The contingency measures portion of the 2018 Plan for the 1997, 2006, and 2012 PM2.5 Standards (“2018 PM2.5 Plan”), adopted November 15, 2018, are disapproved for San Joaquin Valley with respect to the 1997 annual PM2.5 NAAQS because they do not meet the requirements of Part D of the Clean Air Act.

(12) The contingency measures portion of the 2018 Plan for the 1997, 2006, and 2012 PM2.5 Standards (“2018 PM2.5 Plan”), adopted November 15, 2018, for San Joaquin Valley with respect to the 1997 24-hour PM2.5 NAAQS.

(13) The contingency measures element of the “2016 Ozone Plan for 2008 8-Hour Ozone Standard,” adopted June 16, 2016, as modified by the “2018 Updates to the California State Implementation Plan,” adopted October 25, 2018, for San Joaquin Valley with respect to the 2008 ozone NAAQS, with the exception of CARB's Enhanced Enforcement Activities Program measure.

(14) The contingency measures element of the “Sacramento Regional 2008 NAAQS 8-hour Ozone Attainment and Reasonable Further Progress Plan,” adopted November 16, 2017, as modified by the “2018 Updates to the California State Implementation Plan,” adopted October 25, 2018, for the Sacramento Metro area with respect to the 2008 ozone NAAQS.

(b) The following Reasonably Available Control Technology (RACT) determinations are disapproved because they do not meet the requirements of Part D of the Clean Air Act.

(1) Sacramento Air Quality Management District.

(i) [Reserved]

(ii) RACT Determinations for the source category Control Techniques Guidelines for the Oil and Natural Gas Industry (EPA-453/B-16-001) for the 2008 and 2015 ozone NAAQS, as contained in the submittal titled “California Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities,” dated December 4, 2018, as adopted March 23, 2017 and submitted on December 11, 2018.

(iii) RACT determination for non-CTG major sources of Nitrogen Oxides (NOX) for the 2008 ozone NAAQS, as contained in the submittal titled “Demonstration of Reasonably Available Control Technology for the 2008 Ozone NAAQS”, as adopted on March 23, 2017, and submitted on May 5, 2017.

(2) [Reserved]

(3) San Joaquin Valley Air Pollution Control District.

(i) RACT Determinations for the source category Control Techniques Guidelines for the Oil and Natural Gas Industry (EPA-453/B-16-001) for the 2008 and 2015 ozone NAAQS, as contained in the submittal titled “California Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities,” dated December 4, 2018, as adopted March 23, 2017 and submitted on December 11, 2018.

(ii) [Reserved]

(4) South Coast Air Quality Management District.

(i) RACT Determinations for the source category Control Techniques Guidelines for the Oil and Natural Gas Industry (EPA-453/B-16-001) for the 2008 and 2015 ozone NAAQS, as contained in the submittal titled “California Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities,” dated December 4, 2018, as adopted March 23, 2017 and submitted on December 11, 2018.

(ii) [Reserved]

(5) Ventura County Air Pollution Control District.

(i) RACT Determinations for the source category Control Techniques Guidelines for the Oil and Natural Gas Industry (EPA-453/B-16-001) for the 2008 and 2015 ozone NAAQS, as contained in the submittal titled “California Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities,” dated December 4, 2018, as adopted March 23, 2017 and submitted on December 11, 2018.

(ii) [Reserved]

(6) Yolo-Solano Air Quality Management District.

(i) RACT Determinations for the source category Control Techniques Guidelines for the Oil and Natural Gas Industry (EPA-453/B-16-001) for the 2008 and 2015 ozone NAAQS, as contained in the submittal titled “California Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities,” dated December 4, 2018, as adopted March 23, 2017 and submitted on December 11, 2018.

(ii) [Reserved]

(c) The following Clean Air Act section 185 fee rules, and the section 185 program plan element for the specified NAAQS, are disapproved because they do not meet the requirements of Part D of the Clean Air Act.

(1) Antelope Valley Air Quality Management District.

(i) Rule 315, “Federal Clean Air Act Section 185 Penalty,” amended on October 18, 2011, and submitted on December 14, 2011, for the 1979 1-hour ozone NAAQS.

(ii) [Reserved]

(2) Mojave Desert Air Quality Management District.

(i) Rule 315, “Federal Clean Air Act Section 185 Penalty,” amended on October 24, 2011, and submitted on December 14, 2011, for the 1979 1-hour ozone NAAQS.

(ii) [Reserved]

[46 FR 5979, Jan. 21, 1981, as amended at 48 FR 53118, Nov. 25, 1983; 50 FR 35798; Sept. 4, 1985; 53 FR 1781, Jan. 22, 1988; 53 FR 39088, Oct. 5, 1988; 53 FR 48537, Dec. 1, 1988; 55 FR 9878, 9880, Mar. 16, 1990; 56 FR 2853, Jan. 25, 1991; 66 FR 48347, Sept. 20, 2001; 81 FR 22032, Apr. 14, 2016; 81 FR 29501, May 12, 2016; 81 FR 53283, Aug. 12, 2016; 83 FR 5927, Feb. 12, 2018; 85 FR 77999, Dec. 3, 2020; 86 FR 49482, Sept. 3, 2021; 86 FR 67343, 67349, Nov. 26, 2021; 87 FR 4507, Jan. 28, 2022; 87 FR 38668, June 29, 2022; 87 FR 59024, Sept. 29, 2022; 87 FR 59320, Sept. 30, 2022; 87 FR 59692, Oct. 3, 2022; 88 FR 2541, Jan. 17, 2023; 88 FR 39182, June 15, 2023; 88 FR 42252, 42258, June 30, 2023; 88 FR 86608, Dec. 14, 2023; 89 FR 18547, Mar. 14, 2024]