80 FR 24821 - Approval of Air Quality Implementation Plans; California; South Coast Air Quality Management District; Stationary Source Permits
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 84 (May 1, 2015)
Federal Register Volume 80, Issue 84 (May 1, 2015)
| Page Range | 24821-24824 | |
| FR Document | 2015-10239 |
[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)] [Rules and Regulations] [Pages 24821-24824] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-10239] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2015-0087; FRL-9926-77-Region 9] Approval of Air Quality Implementation Plans; California; South Coast Air Quality Management District; Stationary Source Permits AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve Rule 1325, Federal PM2.5 New Source Review Program, into the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). This action was proposed in the Federal Register on February 17, 2015. Rule 1325 governs the issuance of permits for major stationary sources and major modifications located in areas designated as nonattainment for the PM2.5 NAAQS to meet Clean Air Act Part D requirements for emissions of PM2.5 and PM2.5 precursors. EPA is taking this action under the Clean Air Act obligation to take action on State submittals for inclusion in state implementation plans. The intended effect is to update the SIP with nonattainment new source review (NNSR) rules for major stationary sources and major modifications emitting PM2.5 and certain PM2.5 precursors. [[Page 24822]] DATES: This rule is effective on June 1, 2015. ADDRESSES: EPA has established docket number [EPA-R09-OAR-2015-0087] for this action. Generally, documents in the docket for this action are available electronically at http://www.regulations.gov or in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105- 3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps, multi- volume reports), and some may not be available in either location (e.g., confidential business information (CBI)). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Laura Yannayon, EPA Region IX, by phone: (415) 972-3534 or by email at yannayon.laura@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' ``us,'' and ``our'' refer to EPA. Table of Contents I. Proposed Action II. Public Comment III. EPA Action and Response to Health Advocates Comment IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Proposed Action On February 17, 2015 (80 FR 8250), EPA proposed approval of South Coast Air Quality Management District (SCAQMD) Rule 1325, Federal PM2.5 New Source Review Program, for inclusion in the California SIP. Rule 1325 was adopted by SCAQMD on December 5, 2014, and submitted by the California Air Resources Board on December 29, 2014. II. Public Comment EPA's proposed action provided a 30-day public comment period. During this time we received two comments. Only one of the comments, submitted by Earthjustice on behalf of Health Advocates \1\, objected to our proposed approval of SCAQMD Rule 1325. --------------------------------------------------------------------------- \1\ Health Advocates consists of Communities for a Better Environment, Physicians for Social Responsibility-Los Angeles, and Sierra Club My Generation Campaign. --------------------------------------------------------------------------- III. EPA Action and Response to Health Advocates Comment The letter submitted on behalf of Health Advocates objected to EPA's proposed approval of Rule 1325 on three grounds. Below we provide a summary of our response to each of Health Advocates' comments. Please see the Response to Comments document in the docket for this final action for our complete response. 1. Approval of exclusion of ammonia as a precursor. CAA subpart 4 includes section 189(e), which requires NNSR controls for major stationary sources of PM10 precursors, and hence PM2.5 precursors, ``except where the Administrator determines that such sources do not contribute significantly to PM10 levels which exceed the standard in the area.'' CAA section 189(e) (Emphasis added). EPA has identified ammonia as a precursor to the formation of PM2.5. See generally 80 FR 15340, 15352 (Mar, 23, 2015) (Proposed PM2.5 Implementation Rule). EPA proposed to approve Rule 1325 even though it does not contain NNSR requirements for ammonia emissions because SCAQMD provided information that demonstrates major stationary sources of ammonia emissions do not contribute significantly to PM2.5 levels exceeding the PM2.5 National Ambient Air Quality Standard (NAAQS) in the South Coast Air Basin nonattainment area. 80 FR at 8251. Health Advocates disagreed with our proposal on three grounds, asserting that (1) EPA's determination that a contribution of 1.7 tons per day (tpd) of ammonia emissions to the ammonia inventory is small is ``unjustified''; (2) EPA has not demonstrated that ammonia emissions do not contribute significantly to PM2.5 NAAQS violations in the South Coast Air Basin; and (3) it was arbitrary and capricious for EPA to consider the trends and actual air quality of PM2.5 in the area. Earthjustice Letter at p.3. EPA disagrees with these comments. EPA applied a weight of the evidence approach taking into account several factors to determine if SCAQMD appropriately determined that major stationary sources of ammonia emissions do not contribute significantly to PM2.5 nonattainment in the area. One factor we considered is that there are only four existing major stationary sources of ammonia and these four sources' emissions are only a small percentage (1.7%) of the total ammonia inventory for the South Coast PM2.5 nonattainment area. Health Advocates did not submit any information or provide an explanation to show that 1.7% is not a small percentage. Health Advocates did not indicate what percentage would be justified as being small. For reasons explained fully in our Response to Comments, EPA continues to consider the 1.7% contribution of ammonia emissions from the four existing stationary sources to be relatively small compared to the rest of the ammonia inventory. A second factor we considered is whether major stationary sources of ammonia contribute significantly to levels exceeding the PM2.5 NAAQS in the area, and whether potential new major stationary sources would be expected to contribute significantly to levels exceeding the PM2.5 NAAQS in the area. The SCAQMD provided information showing that a regional increase of 10 tpd of ammonia (more than five times the amount currently emitted by all major stationary sources) would result in a 0.22 microgram per cubic meter ([mu]g/m\3\) increase in annual PM2.5 concentrations. This estimated increase in annual PM2.5 concentration would be 1.5% of the 15 [mu]g/m\3\ 1997 PM2.5 annual standard. SCAQMD submitted additional information showing that decreasing ammonia emissions by 2.9 tpd near the Mira Loma monitor would result in a reduction of 0.16 [mu]g/m\3\ at that monitor.\2\ This estimated increase in 24-hr PM2.5 concentration would be 0.46% of the 35 [mu]g/m\3\ 1997 PM2.5 24-hr standard. Based on these data, one can reasonably conclude that the current ambient contribution (in [mu]g/m\3\) of the four existing major stationary sources (with emissions of 1.7 tpd) and the ambient contributions from a new major source, to PM2.5 levels that exceed the standard are likely to be less than the estimated changes in PM2.5 concentrations indicated in the analyses cited above (which evaluated emission changes of 10 tpd and 2.9 tpd, respectively). Thus, EPA determined that existing and new major stationary sources of ammonia would make a relatively minor contribution to levels exceeding the 1997 or 2006 PM2.5 NAAQS in the area. --------------------------------------------------------------------------- \2\ Draft Supplement to the 24-Hour PM2.5 State Implementation Plan for the South Coast Air Basin dated January 2015 at E-1. --------------------------------------------------------------------------- A third factor we considered was the progress the SCAQMD has made and the overall severity of the PM2.5 nonattainment problem in the South Coast Air Basin. Health Advocates contends it was arbitrary and capricious to consider the past progress and current air quality and asserts that our evaluation of the air quality is flawed. We disagree with both points. EPA's General Preamble in 1992 noted that determinations under CAA section 189(e) are case-by-case and depend on a variety of information that is specific [[Page 24823]] to the area. See 57 FR 13498, 13538-42 (April 16, 1992). EPA's proposed PM2.5 Implementation Rule recently reiterated that application of section 189(e) should be case-specific and focused on location, including a weight of the evidence approach considering, among other factors, the severity of the nonattainment problem in the area. 80 FR at 15359. Therefore, it is appropriate to consider this factor. Health Advocates also asserted that EPA's discussion of the air quality in the South Coast Air Basin was misleading, contending that there were violations of both the 1997 and 2006 PM2.5 NAAQS. Earthjustice Letter at p. 3-4. EPA acknowledges one monitor (Mira Loma) has recorded PM2.5 emissions exceeding the level of the 2006 24-hour PM2.5 NAAQS based on 2011-2013 air quality data. However, Health Advocates failed to provide any information to support its claims that there are any current violations of the 1997 PM2.5 NAAQS. The information Health Advocates cited to support its allegations of additional violations of the 2006 PM2.5 NAAQS at the Mira Loma monitor is from a combination of both federal and non-federal reference method monitors. In in addition the data is preliminary, uncertified and has not been quality assured. Based on the weight of the evidence, EPA concludes that it was appropriate for SCAQMD to exclude ammonia as a precursor pursuant to CAA section 189(e). 2. Regulation of VOCs by SCAQMD NNSR Rule 1303 rather than Rule 1325. Health Advocates also disagreed with EPA's proposal to approve Rule 1325 without requiring VOC emissions to be included in the Rule's requirements. Id at p. 4. Health Advocates contends our proposal is inconsistent with CAA section 189(e). EPA did not propose to determine that VOCs do not contribute significantly to PM2.5 levels that exceed the PM2.5 standards and is making no such finding in this final rule. Instead, consistent with the proposed rule, EPA is determining that the NNSR control requirements applicable under the SCAQMD SIP for major stationary sources of PM2.5 also apply to major stationary sources of VOCs (which are PM2.5 precursors), because major VOC sources are currently subject to stringent NNSR control requirements under Rule 1303. The requirements in Rule 1303 \3\ are more stringent than those that would apply under Rule 1325 and fully satisfy the control requirements of CAA section 189(e) with respect to VOCs.\4\ Moreover, it is long-standing EPA policy to allow NNSR regulation of PM precursors via their regulation through other NNSR programs. 57 FR at 13542 (``The VOC reductions may also be realized from new or modified major stationary sources due to the implementation of NSR programs in ozone nonattainment or attainment areas''). --------------------------------------------------------------------------- \3\ SCAQMD Regulation XIII establishes the NNSR program requirements for VOC emissions from stationary sources. Rule 1303 references other SCAQMD rules in Regulation XIII. Our citation to Rule 1303 also includes any other provisions in Regulation XIII as applicable. \4\ Section 189(e) of the CAA states that ``[t]he control requirements applicable under plans in effect under this part for major stationary sources of PM10 shall also apply to major stationary sources of PM10 precursors,'' except where the Administrator makes specific findings. --------------------------------------------------------------------------- We continue to find that the NNSR regulation of VOC emissions pursuant to Rule 1303 rather than Rule 1325 satisfies the requirements of section 189(e). 3. Consideration of attainment of the PM2.5 NAAQS. Finally, Health Advocates contends that EPA cannot approve Rule 1325 because the South Coast Air Basin has not demonstrated the area is in attainment with the 1997 and 2006 PM2.5 NAAQS. Earthjustice Letter at p. 5. There is no requirement for the area to have attained the PM2.5 NAAQS as a predicate for EPA to approve a new NNSR rule for PM2.5 . Approval of a new NNSR rule to control emissions of PM2.5 , including NOX , SO2 and VOCs \5\ emissions as precursors, in no way interferes with the SCAQMD's progress towards attaining the 1997 and 2006 PM2.5 NAAQS. --------------------------------------------------------------------------- \5\ As noted above, major stationary sources of VOC emissions are regulated pursuant to a different, more stringent NNSR rule (Rule 1303) rather than Rule 1325. --------------------------------------------------------------------------- No comments were submitted to change our assessment of Rule 1325 as described in our proposed action. Pursuant to section 110(k) of the CAA and for the reasons provided in our proposed action, associated TSD and detailed Response to Comments document included in the docket, EPA is finalizing approval of SCAQMD Rule 1325. IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the SCAQMD rules described in the amendments to 40 CFR 52.220 set forth below. The EPA has made, and will continue to make, these documents available electronically through www.regulations.gov and in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). V. Statutory and Executive Order Reviews Under the Clean Air Act, 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. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve State choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this 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 13563 (76 FR 3821, January 21, 2011); 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 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); 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 Clean Air Act; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or [[Page 24824]] in any other area where 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). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 30, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: April 14, 2015. Jared Blumenfeld, Regional Administrator, Region IX. Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart F--California 0 2. Section 52.220 is amended by adding paragraph (c)(458) to read as follows: Sec. 52.220 Identification of plan. * * * * * (c) * * * (458) New and amended regulations for the following APCDs were submitted on December 29, 2014 by the Governor's designee. (i) Incorporation by Reference. (A) South Coast Air Quality Management District. (1) Rule 1325, Rule 1325, ``Federal PM 2.5 New Source Review Program'' adopted on December 5, 2014. [FR Doc. 2015-10239 Filed 4-30-15; 8:45 am] BILLING CODE 6560-50-P
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Federal Register for publication VA resources, providing crisis community-based provider’s program
electronically as an official document of management services and monitoring; with added treatment or other services,
the Department of Veterans Affairs. Jose and intervening and advocating on such as participation in VA outpatient
D. Riojas, Chief of Staff, Department of behalf of veterans to support programs or counseling. In addition to
Veterans Affairs, approved this transportation, credit, legal, and other case management services, for example,
document on April 24, 2015, for needs. to coordinate or address relevant issues
publication. * * * * * related to a veteran’s homelessness and
Homeless has the meaning given that health as identified in the individual
List of Subjects in 38 CFR Part 63
term in paragraphs (1) through (3) of the treatment plan, services provided by the
Administrative practice and definition of homeless in 24 CFR 576.2. non-VA community-based provider
procedure, Day care, Disability benefits, Non-VA community-based provider should generally include, as
Government contracts, Health care, means a facility in a community that appropriate:
Homeless, Housing, Individuals with provides temporary, short-term housing (1) Structured group activities such as
disabilities, Low and moderate income (generally up to 6 months) for the group therapy, social skills training,
housing, Public assistance programs, homeless, as well as community self-help group meetings, or peer
Public housing, Relocation assistance, outreach, case management, and counseling.
Reporting and recordkeeping rehabilitative services, and, as needed, (2) Professional counseling, including
requirements, Veterans. basic mental health services. counseling on self-care skills, adaptive
Dated: April 27, 2015. * * * * * coping skills, and, as appropriate,
William F. Russo,
vocational rehabilitation counseling, in
(Authority: 38 U.S.C. 501, 2002, 2031) collaboration with VA programs and
Acting Director, Office of Regulation Policy ■ 4. Amend § 63.3 by revising paragraph
& Management, Office of the General Counsel,
community resources.
Department of Veterans Affairs.
(a) to read as follows: * * * * *
[FR Doc. 2015–10150 Filed 4–30–15; 8:45 am]
For the reasons set forth in the § 63.3 Eligible Veterans.
BILLING CODE 8320–01–P
preamble, VA amends 38 CFR part 63 as (a) Eligibility. In order to serve as the
follows: basis for a per diem payment through
the HCHV program, a veteran served by
PART 63—HEALTH CARE FOR the non-VA community-based provider ENVIRONMENTAL PROTECTION
HOMELESS VETERANS (HCHV) must be: AGENCY
PROGRAM (1) Enrolled in the VA health care
40 CFR Part 52
system, or eligible for VA health care
■ 1. The authority citation for part 63 under 38 CFR 17.36 or 17.37; and [EPA–R09–OAR–2015–0087; FRL–9926–77–
continues to read as follows: (2) Homeless. Region 9]
Authority: 38 U.S.C. 501, 2031, and as * * * * *
noted in specific sections. Approval of Air Quality Implementation
§ 63.10 [Amended] Plans; California; South Coast Air
■ 2. Revise § 63.1 to read as follows: Quality Management District;
■ 5. Amend § 63.10 by revising
§ 63.1 Purpose and scope. Stationary Source Permits
paragraph (a) to read as follows:
This part implements the Health Care (a) Who can apply. VA may award per AGENCY: Environmental Protection
for Homeless Veterans (HCHV) program. diem contracts to non-VA community- Agency (EPA).
This program provides per diem based providers who provide temporary ACTION: Final rule.
payments to non-VA community-based residential assistance homeless persons,
facilities that provide housing, outreach including but not limited to persons SUMMARY: The Environmental Protection
services, case management services, and with serious mental illness, and who Agency (EPA) is taking final action to
rehabilitative services, and may provide can provide the specific services and approve Rule 1325, Federal PM2.5 New
care and/or treatment to all eligible meet the standards identified in § 63.15 Source Review Program, into the South
homeless veterans. and elsewhere in this part. Coast Air Quality Management District
* * * * * (SCAQMD) portion of the California
(Authority: 38 U.S.C. 501, 2031(a)(2))
State Implementation Plan (SIP). This
■ 3. Amend § 63.2 by: ■ 6. Amend § 63.15 by revising
action was proposed in the Federal
■ a. Adding the definition ‘‘Case paragraph (b) to read as follows:
Register on February 17, 2015. Rule
management’’ in alphabetical order.
■ b. Revising the definitions of
§ 63.15 Duties of, and standards 1325 governs the issuance of permits for
‘‘Homeless’’ and ‘‘Non-VA community-
applicable to, non-VA community-based major stationary sources and major
providers. modifications located in areas
based provider’’.
■ c. Removing the definitions of * * * * * designated as nonattainment for the
‘‘Serious mental illness’’ and (b) Treatment plans, therapeutic/ PM2.5 NAAQS to meet Clean Air Act
‘‘Substance use disorder’’. rehabilitative services, and case Part D requirements for emissions of
■ d. Revising the authority citation at management. Individualized treatment PM2.5 and PM2.5 precursors. EPA is
the end of the section. plans are to be developed through a taking this action under the Clean Air
The addition and revisions read as joint effort of the veteran, non-VA Act obligation to take action on State
follows: community-based provider staff, and submittals for inclusion in state
mstockstill on DSK4VPTVN1PROD with RULES
VA clinical staff. Therapeutic and implementation plans. The intended
§ 63.2 Definitions. rehabilitative services, as well as case effect is to update the SIP with
* * * * * management and outreach services, nonattainment new source review
Case management means arranging, must be provided by the non-VA (NNSR) rules for major stationary
coordinating, or providing direct community-based provider as described sources and major modifications
clinical services and support; referring in the treatment plan. In some cases, VA emitting PM2.5 and certain PM2.5
and providing linkage to VA and non- may complement the non-VA precursors.
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DATES: This rule is effective on June 1, three grounds. Below we provide a Response to Comments, EPA continues
2015. summary of our response to each of to consider the 1.7% contribution of
ADDRESSES: EPA has established docket Health Advocates’ comments. Please see ammonia emissions from the four
number [EPA–R09–OAR–2015–0087] the Response to Comments document in existing stationary sources to be
for this action. Generally, documents in the docket for this final action for our relatively small compared to the rest of
the docket for this action are available complete response. the ammonia inventory.
electronically at http:// 1. Approval of exclusion of ammonia A second factor we considered is
www.regulations.gov or in hard copy at as a precursor. whether major stationary sources of
EPA Region IX, 75 Hawthorne Street, CAA subpart 4 includes section ammonia contribute significantly to
San Francisco, California 94105–3901. 189(e), which requires NNSR controls levels exceeding the PM2.5 NAAQS in
While all documents in the docket are for major stationary sources of PM10 the area, and whether potential new
listed at http://www.regulations.gov, precursors, and hence PM2.5 precursors, major stationary sources would be
some information may be publicly ‘‘except where the Administrator expected to contribute significantly to
available only at the hard copy location determines that such sources do not levels exceeding the PM2.5 NAAQS in
(e.g., copyrighted material, large maps, contribute significantly to PM10 levels the area. The SCAQMD provided
multi-volume reports), and some may which exceed the standard in the area.’’ information showing that a regional
not be available in either location (e.g., CAA section 189(e) (Emphasis added). increase of 10 tpd of ammonia (more
confidential business information EPA has identified ammonia as a than five times the amount currently
(CBI)). To inspect the hard copy precursor to the formation of PM2.5. See emitted by all major stationary sources)
materials, please schedule an generally 80 FR 15340, 15352 (Mar, 23, would result in a 0.22 microgram per
appointment during normal business 2015) (Proposed PM2.5 Implementation cubic meter (mg/m3) increase in annual
hours with the contact listed in the FOR Rule). EPA proposed to approve Rule PM2.5 concentrations. This estimated
FURTHER INFORMATION CONTACT section. 1325 even though it does not contain increase in annual PM2.5 concentration
FOR FURTHER INFORMATION CONTACT:
NNSR requirements for ammonia would be 1.5% of the 15 mg/m3 1997
Laura Yannayon, EPA Region IX, by emissions because SCAQMD provided PM2.5 annual standard. SCAQMD
information that demonstrates major submitted additional information
phone: (415) 972–3534 or by email at
stationary sources of ammonia showing that decreasing ammonia
yannayon.laura@epa.gov.
emissions do not contribute emissions by 2.9 tpd near the Mira
SUPPLEMENTARY INFORMATION:
significantly to PM2.5 levels exceeding Loma monitor would result in a
Throughout this document, the terms the PM2.5 National Ambient Air Quality reduction of 0.16 mg/m3 at that
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. Standard (NAAQS) in the South Coast monitor.2 This estimated increase in 24-
Table of Contents Air Basin nonattainment area. 80 FR at hr PM2.5 concentration would be 0.46%
8251. of the 35 mg/m3 1997 PM2.5 24-hr
I. Proposed Action
Health Advocates disagreed with our standard. Based on these data, one can
II. Public Comment
III. EPA Action and Response to Health proposal on three grounds, asserting reasonably conclude that the current
Advocates Comment that (1) EPA’s determination that a ambient contribution (in mg/m3) of the
IV. Incorporation by Reference contribution of 1.7 tons per day (tpd) of four existing major stationary sources
V. Statutory and Executive Order Reviews ammonia emissions to the ammonia (with emissions of 1.7 tpd) and the
inventory is small is ‘‘unjustified’’; (2) ambient contributions from a new major
I. Proposed Action
EPA has not demonstrated that source, to PM2.5 levels that exceed the
On February 17, 2015 (80 FR 8250), ammonia emissions do not contribute standard are likely to be less than the
EPA proposed approval of South Coast significantly to PM2.5 NAAQS violations estimated changes in PM2.5
Air Quality Management District in the South Coast Air Basin; and (3) it concentrations indicated in the analyses
(SCAQMD) Rule 1325, Federal PM2.5 was arbitrary and capricious for EPA to cited above (which evaluated emission
New Source Review Program, for consider the trends and actual air changes of 10 tpd and 2.9 tpd,
inclusion in the California SIP. Rule quality of PM2.5 in the area. Earthjustice respectively). Thus, EPA determined
1325 was adopted by SCAQMD on Letter at p.3. that existing and new major stationary
December 5, 2014, and submitted by the EPA disagrees with these comments. sources of ammonia would make a
California Air Resources Board on EPA applied a weight of the evidence relatively minor contribution to levels
December 29, 2014. approach taking into account several exceeding the 1997 or 2006 PM2.5
II. Public Comment factors to determine if SCAQMD
NAAQS in the area.
appropriately determined that major A third factor we considered was the
EPA’s proposed action provided a 30- stationary sources of ammonia
day public comment period. During this progress the SCAQMD has made and the
emissions do not contribute overall severity of the PM2.5
time we received two comments. Only significantly to PM2.5 nonattainment in
one of the comments, submitted by nonattainment problem in the South
the area. Coast Air Basin. Health Advocates
Earthjustice on behalf of Health One factor we considered is that there
Advocates 1, objected to our proposed contends it was arbitrary and capricious
are only four existing major stationary to consider the past progress and
approval of SCAQMD Rule 1325. sources of ammonia and these four current air quality and asserts that our
III. EPA Action and Response to Health sources’ emissions are only a small evaluation of the air quality is flawed.
Advocates Comment percentage (1.7%) of the total ammonia We disagree with both points. EPA’s
inventory for the South Coast PM2.5 General Preamble in 1992 noted that
mstockstill on DSK4VPTVN1PROD with RULES
The letter submitted on behalf of nonattainment area. Health Advocates
Health Advocates objected to EPA’s determinations under CAA section
did not submit any information or 189(e) are case-by-case and depend on
proposed approval of Rule 1325 on provide an explanation to show that a variety of information that is specific
1 Health Advocates consists of Communities for a
1.7% is not a small percentage. Health
Better Environment, Physicians for Social
Advocates did not indicate what 2 Draft Supplement to the 24-Hour PM
2.5 State
Responsibility-Los Angeles, and Sierra Club My percentage would be justified as being Implementation Plan for the South Coast Air Basin
Generation Campaign. small. For reasons explained fully in our dated January 2015 at E–1.
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to the area. See 57 FR 13498, 13538–42 are more stringent than those that would www.regulations.gov and in hard copy
(April 16, 1992). EPA’s proposed PM2.5 apply under Rule 1325 and fully satisfy at the appropriate EPA office (see the
Implementation Rule recently reiterated the control requirements of CAA section ADDRESSES section of this preamble for
that application of section 189(e) should 189(e) with respect to VOCs.4 Moreover, more information).
be case-specific and focused on it is long-standing EPA policy to allow
V. Statutory and Executive Order
location, including a weight of the NNSR regulation of PM precursors via
Reviews
evidence approach considering, among their regulation through other NNSR
other factors, the severity of the programs. 57 FR at 13542 (‘‘The VOC Under the Clean Air Act, the
nonattainment problem in the area. 80 reductions may also be realized from Administrator is required to approve a
FR at 15359. Therefore, it is appropriate new or modified major stationary SIP submission that complies with the
to consider this factor. sources due to the implementation of provisions of the Act and applicable
Health Advocates also asserted that NSR programs in ozone nonattainment Federal regulations. 42 U.S.C. 7410(k);
EPA’s discussion of the air quality in or attainment areas’’). 40 CFR 52.02(a). Thus, in reviewing SIP
the South Coast Air Basin was We continue to find that the NNSR submissions, EPA’s role is to approve
misleading, contending that there were regulation of VOC emissions pursuant to State choices, provided that they meet
violations of both the 1997 and 2006 Rule 1303 rather than Rule 1325 the criteria of the Clean Air Act.
PM2.5 NAAQS. Earthjustice Letter at p. satisfies the requirements of section Accordingly, this action merely
3–4. EPA acknowledges one monitor 189(e). approves State law as meeting Federal
(Mira Loma) has recorded PM2.5 3. Consideration of attainment of the requirements and does not impose
emissions exceeding the level of the PM2.5 NAAQS. additional requirements beyond those
2006 24-hour PM2.5 NAAQS based on Finally, Health Advocates contends imposed by state law. For that reason,
2011–2013 air quality data. However, that EPA cannot approve Rule 1325 this action:
Health Advocates failed to provide any because the South Coast Air Basin has • Is not a significant regulatory action
information to support its claims that not demonstrated the area is in subject to review by the Office of
there are any current violations of the attainment with the 1997 and 2006 Management and Budget under
1997 PM2.5 NAAQS. The information PM2.5 NAAQS. Earthjustice Letter at p. Executive Orders 12866 (58 FR 51735,
Health Advocates cited to support its 5. October 4, 1993) and 13563 (76 FR 3821,
allegations of additional violations of There is no requirement for the area January 21, 2011);
the 2006 PM2.5 NAAQS at the Mira to have attained the PM2.5 NAAQS as a • does not impose an information
Loma monitor is from a combination of predicate for EPA to approve a new collection burden under the provisions
both federal and non-federal reference NNSR rule for PM2.5. Approval of a new of the Paperwork Reduction Act (44
method monitors. In in addition the NNSR rule to control emissions of U.S.C. 3501 et seq.);
data is preliminary, uncertified and has PM2.5, including NOX, SO2 and VOCs 5 • is certified as not having a
not been quality assured. emissions as precursors, in no way significant economic impact on a
Based on the weight of the evidence, interferes with the SCAQMD’s progress substantial number of small entities
EPA concludes that it was appropriate towards attaining the 1997 and 2006 under the Regulatory Flexibility Act (5
for SCAQMD to exclude ammonia as a PM2.5 NAAQS. U.S.C. 601 et seq.);
precursor pursuant to CAA section No comments were submitted to • does not contain any unfunded
189(e). change our assessment of Rule 1325 as mandate or significantly or uniquely
2. Regulation of VOCs by SCAQMD described in our proposed action. affect small governments, as described
NNSR Rule 1303 rather than Rule 1325. Pursuant to section 110(k) of the CAA in the Unfunded Mandates Reform Act
Health Advocates also disagreed with and for the reasons provided in our of 1995 (Pub. L. 104–4);
EPA’s proposal to approve Rule 1325 proposed action, associated TSD and • does not have Federalism
without requiring VOC emissions to be detailed Response to Comments implications as specified in Executive
included in the Rule’s requirements. Id document included in the docket, EPA Order 13132 (64 FR 43255, August 10,
at p. 4. Health Advocates contends our is finalizing approval of SCAQMD Rule 1999);
proposal is inconsistent with CAA 1325. • is not an economically significant
section 189(e). IV. Incorporation by Reference regulatory action based on health or
EPA did not propose to determine safety risks subject to Executive Order
that VOCs do not contribute In this rule, the EPA is finalizing 13045 (62 FR 19885, April 23, 1997);
significantly to PM2.5 levels that exceed regulatory text that includes • is not a significant regulatory action
the PM2.5 standards and is making no incorporation by reference. In subject to Executive Order 13211 (66 FR
such finding in this final rule. Instead, accordance with requirements of 1 CFR 28355, May 22, 2001);
consistent with the proposed rule, EPA 51.5, the EPA is finalizing the • is not subject to requirements of
is determining that the NNSR control incorporation by reference of the Section 12(d) of the National
requirements applicable under the SCAQMD rules described in the Technology Transfer and Advancement
SCAQMD SIP for major stationary amendments to 40 CFR 52.220 set forth Act of 1995 (15 U.S.C. 272 note) because
sources of PM2.5 also apply to major below. The EPA has made, and will application of those requirements would
stationary sources of VOCs (which are continue to make, these documents be inconsistent with the Clean Air Act;
PM2.5 precursors), because major VOC available electronically through and
sources are currently subject to stringent • does not provide EPA with the
4 Section 189(e) of the CAA states that ‘‘[t]he
NNSR control requirements under Rule discretionary authority to address, as
mstockstill on DSK4VPTVN1PROD with RULES
control requirements applicable under plans in
1303. The requirements in Rule 1303 3 effect under this part for major stationary sources
appropriate, disproportionate human
of PM10 shall also apply to major stationary sources health or environmental effects, using
3 SCAQMD Regulation XIII establishes the NNSR of PM10 precursors,’’ except where the practicable and legally permissible
program requirements for VOC emissions from Administrator makes specific findings. methods, under Executive Order 12898
stationary sources. Rule 1303 references other 5 As noted above, major stationary sources of VOC
(59 FR 7629, February 16, 1994).
SCAQMD rules in Regulation XIII. Our citation to emissions are regulated pursuant to a different,
Rule 1303 also includes any other provisions in more stringent NNSR rule (Rule 1303) rather than In addition, the SIP is not approved to
Regulation XIII as applicable. Rule 1325. apply on any Indian reservation land or
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![24824 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations
in any other area where EPA or an Authority: 42 U.S.C. 7401 et seq. is open from 8:30 a.m. to 4:30 p.m.,
Indian tribe has demonstrated that a Monday through Friday, excluding legal
tribe has jurisdiction. In those areas of Subpart F—California holidays. The telephone number for the
Indian country, the rule does not have Public Reading Room is (202) 566–1744,
tribal implications and will not impose ■ 2. Section 52.220 is amended by and the telephone number for the OPP
substantial direct costs on tribal adding paragraph (c)(458) to read as Docket is (703) 305–5805. Please review
governments or preempt tribal law as follows: the visitor instructions and additional
specified by Executive Order 13175 (65 § 52.220 Identification of plan.
information about the docket available
FR 67249, November 9, 2000). at http://www.epa.gov/dockets.
The Congressional Review Act, 5 * * * * *
(c) * * * FOR FURTHER INFORMATION CONTACT:
U.S.C. 801 et seq., as added by the Small Susan Lewis, Registration Division
(458) New and amended regulations
Business Regulatory Enforcement (7505P), Office of Pesticide Programs,
for the following APCDs were submitted
Fairness Act of 1996, generally provides Environmental Protection Agency, 1200
on December 29, 2014 by the Governor’s
that before a rule may take effect, the Pennsylvania Ave. NW., Washington,
designee.
agency promulgating the rule must DC 20460–0001; main telephone
(i) Incorporation by Reference.
submit a rule report, which includes a (A) South Coast Air Quality number: (703) 305–7090; email address:
copy of the rule, to each House of the Management District. RDFRNotices@epa.gov.
Congress and to the Comptroller General (1) Rule 1325, Rule 1325, ‘‘Federal SUPPLEMENTARY INFORMATION:
of the United States. EPA will submit a PM2.5 New Source Review Program’’
report containing this action and other adopted on December 5, 2014. I. General Information
required information to the U.S. Senate,
the U.S. House of Representatives, and
[FR Doc. 2015–10239 Filed 4–30–15; 8:45 am] A. Does this action apply to me?
BILLING CODE 6560–50–P
the Comptroller General of the United You may be potentially affected by
States prior to publication of the rule in this action if you are an agricultural
the Federal Register. A major rule producer, food manufacturer, or
ENVIRONMENTAL PROTECTION
cannot take effect until 60 days after it pesticide manufacturer. The following
AGENCY
is published in the Federal Register. list of North American Industrial
This action is not a ‘‘major rule’’ as 40 CFR Part 180 Classification System (NAICS) codes is
defined by 5 U.S.C. 804(2). not intended to be exhaustive, but rather
Under section 307(b)(1) of the Clean [EPA–HQ–OPP–2014–0248; FRL–9926–24] provides a guide to help readers
Air Act, petitions for judicial review of determine whether this document
this action must be filed in the United Azoxystrobin; Pesticide Tolerances
applies to them. Potentially affected
States Court of Appeals for the AGENCY: Environmental Protection entities may include:
appropriate circuit by June 30, 2015. Agency (EPA). • Crop production (NAICS code 111).
Filing a petition for reconsideration by ACTION: Final rule. • Animal production (NAICS code
the Administrator of this final rule does 112).
not affect the finality of this action for SUMMARY: This regulation establishes
• Food manufacturing (NAICS code
the purposes of judicial review nor does tolerances for residues of azoxystrobin
311).
it extend the time within which a in or on coffee, green bean; pear, Asian;
• Pesticide manufacturing (NAICS
petition for judicial review may be filed, and tea, dried. Syngenta Crop
code 32532).
and shall not postpone the effectiveness Protection, LLC requested these
of such rule or action. This action may tolerances under the Federal Food, B. How can I get electronic access to
not be challenged later in proceedings to Drug, and Cosmetic Act (FFDCA) to other related information?
enforce its requirements. (See section cover residues of azoxystrobin in coffee,
You may access a frequently updated
307(b)(2).) Asian pear, and tea imported into the
electronic version of EPA’s tolerance
United States; there are currently no
List of Subjects in 40 CFR Part 52 regulations at 40 CFR part 180 through
U.S. registrations for pesticides
Environmental protection, Air the Government Publishing Office’s e-
containing azoxystrobin that are used on
pollution control, Incorporation by CFR site at http://www.ecfr.gov/cgi-bin/
coffee, Asian pear, or tea.
reference, Intergovernmental relations, text-idx?&c=ecfr&tpl=/ecfrbrowse/
DATES: This regulation is effective May Title40/40tab_02.tpl
Nitrogen dioxide, Ozone, Particulate 1, 2015. Objections and requests for
matter, Reporting and recordkeeping hearings must be received on or before C. How can I file an objection or hearing
requirements, Volatile organic June 30, 2015, and must be filed in request?
compounds. accordance with the instructions Under FFDCA section 408(g), 21
Authority: 42 U.S.C. 7401 et seq. provided in 40 CFR part 178 (see also U.S.C. 346a, any person may file an
Dated: April 14, 2015. Unit I.C. of the SUPPLEMENTARY objection to any aspect of this regulation
INFORMATION). and may also request a hearing on those
Jared Blumenfeld,
Regional Administrator, Region IX. ADDRESSES: The docket for this action, objections. You must file your objection
identified by docket identification (ID) or request a hearing on this regulation
Part 52, chapter I, title 40 of the Code
number EPA–HQ–OPP–2014–0248, is in accordance with the instructions
of Federal Regulations is amended as
available at http://www.regulations.gov provided in 40 CFR part 178. To ensure
follows:
mstockstill on DSK4VPTVN1PROD with RULES
or at the Office of Pesticide Programs proper receipt by EPA, you must
PART 52—APPROVAL AND Regulatory Public Docket (OPP Docket) identify docket ID number EPA–HQ–
PROMULGATION OF in the Environmental Protection Agency OPP–2014–0248 in the subject line on
IMPLEMENTATION PLANS Docket Center (EPA/DC), West William the first page of your submission. All
Jefferson Clinton Bldg., Rm. 3334, 1301 objections and requests for a hearing
■ 1. The authority citation for part 52 Constitution Ave. NW., Washington, DC must be in writing, and must be
continues to read as follows: 20460–0001. The Public Reading Room received by the Hearing Clerk on or
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Document Created: 2018-02-21 10:21:07
Document Modified: 2018-02-21 10:21:07
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on June 1, 2015. | |
| Contact | Laura Yannayon, EPA Region IX, by phone: (415) 972-3534 or by email at [email protected] | |
| FR Citation | 80 FR 24821 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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