80_FR_68698 80 FR 68484 - Approval of California Air Plan Revisions, San Joaquin Valley Unified Air Pollution Control District and South Coast Air Quality Management District

80 FR 68484 - Approval of California Air Plan Revisions, San Joaquin Valley Unified Air Pollution Control District and South Coast Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 214 (November 5, 2015)

Page Range68484-68486
FR Document2015-28278

The Environmental Protection Agency (EPA) is proposing to approve revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) and South Coast Air Quality Management District (SCAQMD) portions of the California State Implementation Plan (SIP). These revisions concern emissions of oxides of nitrogen (NO<INF>X</INF>) from fan-driven natural gas-fired central furnaces for residences and businesses. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

Federal Register, Volume 80 Issue 214 (Thursday, November 5, 2015)
[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Proposed Rules]
[Pages 68484-68486]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28278]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0552; FRL-9936-70-Region 9]


Approval of California Air Plan Revisions, San Joaquin Valley 
Unified Air Pollution Control District and South Coast Air Quality 
Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the San Joaquin Valley Unified Air Pollution 
Control District (SJVUAPCD) and South Coast Air Quality Management 
District (SCAQMD) portions of the California State Implementation Plan 
(SIP). These revisions concern emissions of oxides of nitrogen 
(NOX) from fan-driven natural gas-fired central furnaces for 
residences and businesses. We are proposing to approve local rules to 
regulate these emission sources under the Clean Air Act (CAA or the 
Act). We are taking comments on this proposal and plan to follow with a 
final action.

DATES: Any comments must arrive by December 7, 2015.

ADDRESSES: Submit comments, identified by docket ID number EPA-R09-OAR-
2015-0552, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email: [email protected].
    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.

[[Page 68485]]

    Instructions: Once submitted, comments cannot be edited or 
withdrawn. 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. If you need to include CBI as part 
of your comment, please visit http://www.epa.gov/dockets/comments.html 
for further instructions. 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. For the full EPA public comment policy and 
general guidance on making effective comments, please visit http://www.epa.gov/dockets/comments.html.
    Docket: Generally, documents in the docket for this action are 
available electronically at www.regulations.gov or in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California. While all 
documents in the docket are listed at www.regulations.gov, some 
information may be publicly available only at the hard copy location 
(e.g., copyrighted material, large maps), and some may not be publicly 
available in either location (e.g., 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: Kevin Gong, EPA Region IX, (415) 942 
3073, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rule revisions?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules addressed by this proposal with the dates 
that they were adopted by the local air agency/agencies and submitted 
by the California Air Resources Board.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
            Local agency                Rule No.              Rule title              Amended        Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD...........................            4905  Natural-Gas-Fired, Fan-Type        01/22/15        04/07/15
                                                      Central Furnaces.
SCAQMD.............................            1111  Reduction of NOX Emissions         09/05/14        04/07/15
                                                      From Natural-Gas-Fired,
                                                      Fan-Type Central Furnaces.
----------------------------------------------------------------------------------------------------------------

    On April 30, 2015, the EPA determined that the submittal for 
SJVUAPCD 4905 and SCAQMD 1111 met the completeness criteria in 40 CFR 
part 51 Appendix V, which must be met before formal EPA review.

B. Are there other versions of these rules?

    We approved a previous version of Rule 4905 into the SIP on May 30, 
2007 in 72 FR 29886 and a previous version of Rule 1111 August 4, 2010 
in 75 FR 46845.

C. What is the purpose of the submitted rule revisions?

    NOX helps produce ground-level ozone, smog and fine 
particulate matter (PM2.5), which harm human health and the 
environment. Section 110(a) of the CAA requires States to submit 
regulations that control NOX emissions. SJVUAPCD Rule 4905 
and SCAQMD Rule 1111 are point-of-sale rules for fan-driven natural 
gas-fired furnaces. The most recent revisions to Rule 4905 reduced the 
emission limits for various furnace types to the same limits set in the 
SIP-approved version of Rule 1111. The most recent revisions to Rule 
1111 briefly extended the compliance deadline for one type of furnace. 
The revisions to both Rule 4905 and Rule 1111 also added a fee option 
for manufacturers of furnaces who produce and sell furnaces not meeting 
the new limits within the first three years of compliance. The EPA's 
technical support documents (TSDs) have more information about these 
rules.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rules?

    SIP rules must be enforceable (see CAA section 110(a)(2)), must not 
interfere with applicable requirements concerning attainment and 
reasonable further progress or other CAA requirements (see CAA section 
110(l)), and must not modify certain SIP control requirements in 
nonattainment areas without ensuring equivalent or greater emissions 
reductions (see CAA section 193).
    The SIP must implement all reasonably available control measures 
(RACM), including such reductions in emissions from existing sources in 
the area as may be obtained through the adoption, at a minimum, of 
reasonably available control technology (RACT), as expeditiously as 
practicable, in ozone nonattainment areas classified Moderate and above 
(see CAA section 172(c)(1), 40 CFR 51.912(d) and 51.1112(c)). In 
addition, the SIP must require RACT for all major sources of 
NOX in ozone nonattainment areas classified as Moderate or 
above (see CAA section 182(b)(2) and (f); 40 CFR 51.912(a) and 
51.1112(a)(1)). SJVUAPCD and SCAQMD both regulate ozone nonattainment 
areas classified as Extreme for the 1997 and 2008 8-hour standards (40 
CFR 81.305). SJVUAPCD Rule 4905 and SCAQMD Rule 1111 regulate area 
sources that are too small to exceed the major source threshold of 10 
tons per year for Extreme ozone nonattainment areas and are therefore 
not subject to major source ozone RACT requirements under CAA section 
182(b)(2) and (f). Nonetheless, the SIP must implement all RACM/RACT 
for NOX necessary to demonstrate attainment as expeditiously 
as practicable and to meet any reasonable further progress (RFP) 
requirements (see CAA section 172(c)(1), 40 CFR 51.912(d) and 
51.1112(c)). A RACM/RACT evaluation is generally performed in context 
of a broader plan.
    The SIP must also implement RACM, including RACT, as expeditiously 
as possible in PM2.5 nonattainment areas classified as 
Moderate (see CAA sections 172(c)(1) and 189(a)(1)(C)). SJVUAPCD and 
SCAQMD both regulate PM2.5 nonattainment areas classified as 
Moderate for the 2006 24-hour PM2.5 standard (40 CFR 
81.305). A RACM/RACT evaluation is generally performed in context of a 
broader plan.
    SIP rules must implement Best Available Control Measures (BACM), 
including Best Available Control

[[Page 68486]]

Technology (BACT), in PM2.5 nonattainment areas classified 
as Serious or above (see CAA section 189(b)(1)(B)). SJVUAPCD regulates 
a PM2.5 nonattainment area classified as Serious for the 
1997 PM2.5 standard (40 CFR 81.305). A BACM/BACT evaluation 
is generally performed in context of a broader plan.
    Guidance and policy documents that we use to evaluate 
enforceability, revision/relaxation and rule stringency requirements 
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; Nitrogen Oxides Supplement to the 
General Preamble; Clean Air Act Amendments of 1990 Implementation of 
Title I; Proposed Rule,'' (the NOX Supplement), 57 FR 55620, 
November 25, 1992.
    5. ``Improving Air Quality with Economic Incentive Programs,'' EPA, 
January 2001 (EPA-452/R-01-001).

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with CAA requirements and 
relevant guidance regarding enforceability, stringency and SIP 
revisions. The TSDs have more information on our evaluation.

C. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted rules because we believe they fulfills all 
relevant requirements. We will accept comments from the public on this 
proposal until December 7, 2015. Unless we receive convincing new 
information during the comment period, we intend to publish a final 
approval action that will incorporate these rules into the federally 
enforceable SIP. While we are proposing to fully approve the rules, the 
TSDs discuss why fee provisions in these rules limit the creditable 
emission reductions from these rules in some CAA planning actions.

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 SJVUAPCD and SCAQMD rules as described in Table 1 of this 
notice. 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).

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations (CAA section 110(k); 40 CFR 52.02(a)). Thus, in 
reviewing SIP submissions, the EPA's role is to approve State choices, 
provided that they meet the criteria of the Act. Accordingly, this 
proposed action merely proposes to approve State law as meeting Federal 
requirements and does not 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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 CAA; and
     Does not provide the EPA with the discretionary authority 
to address disproportionate human health or environmental effects with 
practical, appropriate, 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 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).

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.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: October 19, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2015-28278 Filed 11-4-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                    68484                Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Proposed Rules

                                                      • Is not a significant regulatory action              Tennessee, to report actual emissions of              for the approval is set forth in the direct
                                                    subject to Executive Order 13211 (66 FR                 volatile organic compounds and oxides                 final rule and incorporated by reference
                                                    28355, May 22, 2001);                                   of nitrogen to the County Department                  herein. If no adverse comments are
                                                      • Is not subject to requirements of                   annually. These changes amend the                     received in response to this rule, no
                                                    section 12(d) of the National                           Knox County Air Quality Management                    further activity is contemplated. If EPA
                                                    Technology Transfer and Advancement                     Regulations in the Knox County portion                receives adverse comments, the direct
                                                    Act of 1995 (15 U.S.C. 272 note) because                of the Tennessee SIP to reflect the State             final rule will be withdrawn and all
                                                    application of those requirements would                 of Tennessee’s SIP-approved emissions                 adverse comments received will be
                                                    be inconsistent with the Clean Air Act;                 statement requirements for Knox                       addressed in a subsequent final rule
                                                      • Does not provide EPA with the                       County. This proposed action is being                 based on this proposed rule. EPA will
                                                    discretionary authority to address, as                  taken pursuant to the Clean Air Act and               not institute a second comment period
                                                    appropriate, disproportionate human                     its implementing regulations.                         on this document. Any parties
                                                    health or environmental effects, using                  DATES: Comments must be received on                   interested in commenting on this
                                                    practicable and legally permissible                     or before December 7, 2015.                           document should do so at this time.
                                                    methods, under Executive Order 12898                    ADDRESSES: Submit your comments,                        Dated: October 20, 2015.
                                                    (59 FR 7629, February 16, 1994); and                    identified by Docket ID No. EPA–R04–                  Heather McTeer Toney,
                                                      • Is not approved to apply on any                     OAR–2015–0456 by one of the following                 Regional Administrator, Region 4.
                                                    Indian reservation land or in any other                 methods:                                              [FR Doc. 2015–28106 Filed 11–4–15; 8:45 am]
                                                    area where EPA or an Indian tribe has                      1. www.regulations.gov: Follow the
                                                    demonstrated that a tribe has                                                                                 BILLING CODE 6560–50–P
                                                                                                            on-line instructions for submitting
                                                    jurisdiction. In those areas of Indian                  comments.
                                                    country, the proposed rule does not                        2. Email: R4–ARMS@epa.gov.                         ENVIRONMENTAL PROTECTION
                                                    have tribal implications and will not                      3. Fax: (404) 562–9019.                            AGENCY
                                                    impose substantial direct costs on tribal                  4. Mail: ‘‘EPA–R04–OAR–2015–
                                                    governments or preempt tribal law as                    0456’’, Air Regulatory Management                     40 CFR Part 52
                                                    specified by Executive Order 13175 (65                  Section (formerly Regulatory
                                                    FR 67249, November 9, 2000).                                                                                  [EPA–R09–OAR–2015–0552; FRL–9936–70–
                                                                                                            Development Section), Air Planning and                Region 9]
                                                    List of Subjects in 40 CFR Part 52                      Implementation Branch, Air, Pesticides
                                                                                                            and Toxics Management Division, U.S.                  Approval of California Air Plan
                                                      Environmental protection, Air
                                                                                                            Environmental Protection Agency,                      Revisions, San Joaquin Valley Unified
                                                    pollution control, Hydrocarbons,
                                                                                                            Region 4, 61 Forsyth Street SW.,                      Air Pollution Control District and South
                                                    Incorporation by reference,
                                                                                                            Atlanta, Georgia 30303–8960.                          Coast Air Quality Management District
                                                    Intergovernmental relations, Reporting
                                                                                                               5. Hand Delivery or Courier: Lynorae
                                                    and recordkeeping requirements,                                                                               AGENCY:  Environmental Protection
                                                                                                            Benjamin, Chief, Air Regulatory
                                                    Volatile organic compounds.                                                                                   Agency (EPA).
                                                                                                            Management Section, Air Planning and
                                                       Authority: 42 U.S.C. 7401 et seq.                    Implementation Branch, Air, Pesticides                ACTION: Proposed rule.
                                                      Dated: October 27, 2015.                              and Toxics Management Division, U.S.
                                                                                                                                                                  SUMMARY:   The Environmental Protection
                                                    Samuel Coleman,                                         Environmental Protection Agency,
                                                                                                                                                                  Agency (EPA) is proposing to approve
                                                    Acting Regional Administrator, Region 6.                Region 4, 61 Forsyth Street SW.,
                                                                                                                                                                  revisions to the San Joaquin Valley
                                                                                                            Atlanta, Georgia 30303–8960. Such
                                                    [FR Doc. 2015–28277 Filed 11–4–15; 8:45 am]                                                                   Unified Air Pollution Control District
                                                                                                            deliveries are only accepted during the
                                                    BILLING CODE 6560–50–P                                                                                        (SJVUAPCD) and South Coast Air
                                                                                                            Regional Office’s normal hours of
                                                                                                                                                                  Quality Management District
                                                                                                            operation. The Regional Office’s official
                                                                                                                                                                  (SCAQMD) portions of the California
                                                    ENVIRONMENTAL PROTECTION                                hours of business are Monday through
                                                                                                                                                                  State Implementation Plan (SIP). These
                                                    AGENCY                                                  Friday, 8:30 a.m. to 4:30 p.m., excluding
                                                                                                                                                                  revisions concern emissions of oxides of
                                                                                                            Federal holidays.
                                                                                                                                                                  nitrogen (NOX) from fan-driven natural
                                                    40 CFR Part 52                                             Please see the direct final rule which
                                                                                                                                                                  gas-fired central furnaces for residences
                                                                                                            is located in the Rules section of this
                                                    [EPA–R04–OAR–2015–0456; FRL–9936–56–                                                                          and businesses. We are proposing to
                                                                                                            Federal Register for detailed
                                                    Region 4]                                                                                                     approve local rules to regulate these
                                                                                                            instructions on how to submit
                                                                                                                                                                  emission sources under the Clean Air
                                                    Air Plan Approval; TN; Knox County                      comments.
                                                                                                                                                                  Act (CAA or the Act). We are taking
                                                    Emissions Statements                                    FOR FURTHER INFORMATION CONTACT:                      comments on this proposal and plan to
                                                                                                            Tiereny Bell, Air Regulatory                          follow with a final action.
                                                    AGENCY:  Environmental Protection
                                                                                                            Management Section, Air Planning and                  DATES: Any comments must arrive by
                                                    Agency (EPA).
                                                                                                            Implementation Branch, Air, Pesticides                December 7, 2015.
                                                    ACTION: Proposed rule.                                  and Toxics Management Division, U.S.
                                                                                                                                                                  ADDRESSES: Submit comments,
                                                    SUMMARY:   The Environmental Protection                 Environmental Protection Agency,
                                                                                                                                                                  identified by docket ID number EPA–
                                                    Agency (EPA) is proposing to approve                    Region 4, 61 Forsyth Street SW.,
                                                                                                                                                                  R09–OAR–2015–0552, by one of the
                                                    changes to the Tennessee state                          Atlanta, Georgia 30303–8960. Ms. Bell
                                                                                                                                                                  following methods:
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    implementation plan (SIP) submitted by                  can be reached at (404) 562–9088 and                    1. Federal eRulemaking Portal:
                                                    the State of Tennessee, through the                     via electronic mail at                                www.regulations.gov. Follow the on-line
                                                    Tennessee Department of Environment                     bell.tiereny@epa.gov.                                 instructions.
                                                    and Conservation on behalf of the Knox                  SUPPLEMENTARY INFORMATION:    For                       2. Email: steckel.andrew@epa.gov.
                                                    County Department of Air Quality                        additional information, see the direct                  3. Mail or deliver: Andrew Steckel
                                                    Management (County Department), on                      final rule which is published in the                  (Air-4), U.S. Environmental Protection
                                                    March 14, 2014, and May 14, 2015, that                  Rules and Regulations section of this                 Agency Region IX, 75 Hawthorne Street,
                                                    require certain sources in Knox County,                 Federal Register. A detailed rationale                San Francisco, CA 94105–3901.


                                               VerDate Sep<11>2014   14:36 Nov 04, 2015   Jkt 238001   PO 00000   Frm 00012   Fmt 4702   Sfmt 4702   E:\FR\FM\05NOP1.SGM   05NOP1


                                                                           Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Proposed Rules                                                 68485

                                                       Instructions: Once submitted,                                 Docket: Generally, documents in the              Table of Contents
                                                    comments cannot be edited or                                  docket for this action are available
                                                                                                                                                                      I. The State’s Submittal
                                                    withdrawn. The EPA may publish any                            electronically at www.regulations.gov or
                                                                                                                                                                         A. What rules did the State submit?
                                                    comment received to its public docket.                        in hard copy at EPA Region IX, 75
                                                                                                                                                                         B. Are there other versions of these rules?
                                                    Do not submit electronically any                              Hawthorne Street, San Francisco,
                                                                                                                                                                         C. What is the purpose of the submitted
                                                    information you consider to be                                California. While all documents in the                    rule revisions?
                                                    Confidential Business Information (CBI)                       docket are listed at                                II. The EPA’s Evaluation and Action
                                                    or other information whose disclosure is                      www.regulations.gov, some information                  A. How is the EPA evaluating the rules?
                                                    restricted by statute. If you need to                         may be publicly available only at the                  B. Do the rules meet the evaluation
                                                                                                                  hard copy location (e.g., copyrighted
                                                    include CBI as part of your comment,                                                                                    criteria?
                                                                                                                  material, large maps), and some may not                C. Public Comment and Proposed Action
                                                    please visit http://www.epa.gov/
                                                                                                                  be publicly available in either location            III. Incorporation by Reference
                                                    dockets/comments.html for further                             (e.g., CBI). To inspect the hard copy
                                                    instructions. Multimedia submissions                                                                              IV. Statutory and Executive Order Reviews
                                                                                                                  materials, please schedule an
                                                    (audio, video, etc.) must be                                  appointment during normal business                  I. The State’s Submittal
                                                    accompanied by a written comment.                             hours with the contact listed in the FOR
                                                    The written comment is considered the                         FURTHER INFORMATION CONTACT section.
                                                                                                                                                                      A. What rules did the State submit?
                                                    official comment and should include                           FOR FURTHER INFORMATION CONTACT:                      Table 1 lists the rules addressed by
                                                    discussion of all points you wish to                          Kevin Gong, EPA Region IX, (415) 942                this proposal with the dates that they
                                                    make. For the full EPA public comment                         3073, Gong.Kevin@epa.gov.                           were adopted by the local air agency/
                                                    policy and general guidance on making                         SUPPLEMENTARY INFORMATION:                          agencies and submitted by the
                                                    effective comments, please visit http://                      Throughout this document, ‘‘we,’’ ‘‘us’’            California Air Resources Board.
                                                    www.epa.gov/dockets/comments.html.                            and ‘‘our’’ refer to the EPA.

                                                                                                                        TABLE 1—SUBMITTED RULES
                                                               Local agency                      Rule No.                                      Rule title                               Amended          Submitted

                                                    SJVUAPCD .............................                 4905    Natural-Gas-Fired, Fan-Type Central Furnaces ....................       01/22/15          04/07/15
                                                    SCAQMD ................................                1111    Reduction of NOX Emissions From Natural-Gas-Fired, Fan-                 09/05/14          04/07/15
                                                                                                                     Type Central Furnaces.



                                                      On April 30, 2015, the EPA                                  and sell furnaces not meeting the new               51.1112(a)(1)). SJVUAPCD and
                                                    determined that the submittal for                             limits within the first three years of              SCAQMD both regulate ozone
                                                    SJVUAPCD 4905 and SCAQMD 1111                                 compliance. The EPA’s technical                     nonattainment areas classified as
                                                    met the completeness criteria in 40 CFR                       support documents (TSDs) have more                  Extreme for the 1997 and 2008 8-hour
                                                    part 51 Appendix V, which must be met                         information about these rules.                      standards (40 CFR 81.305). SJVUAPCD
                                                    before formal EPA review.                                                                                         Rule 4905 and SCAQMD Rule 1111
                                                                                                                  II. The EPA’s Evaluation and Action                 regulate area sources that are too small
                                                    B. Are there other versions of these                                                                              to exceed the major source threshold of
                                                                                                                  A. How is the EPA evaluating the rules?
                                                    rules?                                                                                                            10 tons per year for Extreme ozone
                                                      We approved a previous version of                              SIP rules must be enforceable (see               nonattainment areas and are therefore
                                                    Rule 4905 into the SIP on May 30, 2007                        CAA section 110(a)(2)), must not                    not subject to major source ozone RACT
                                                    in 72 FR 29886 and a previous version                         interfere with applicable requirements              requirements under CAA section
                                                    of Rule 1111 August 4, 2010 in 75 FR                          concerning attainment and reasonable                182(b)(2) and (f). Nonetheless, the SIP
                                                    46845.                                                        further progress or other CAA                       must implement all RACM/RACT for
                                                                                                                  requirements (see CAA section 110(l)),              NOX necessary to demonstrate
                                                    C. What is the purpose of the submitted                       and must not modify certain SIP control             attainment as expeditiously as
                                                    rule revisions?                                               requirements in nonattainment areas                 practicable and to meet any reasonable
                                                      NOX helps produce ground-level                              without ensuring equivalent or greater              further progress (RFP) requirements (see
                                                    ozone, smog and fine particulate matter                       emissions reductions (see CAA section               CAA section 172(c)(1), 40 CFR 51.912(d)
                                                    (PM2.5), which harm human health and                          193).                                               and 51.1112(c)). A RACM/RACT
                                                    the environment. Section 110(a) of the                           The SIP must implement all                       evaluation is generally performed in
                                                    CAA requires States to submit                                 reasonably available control measures               context of a broader plan.
                                                    regulations that control NOX emissions.                       (RACM), including such reductions in                   The SIP must also implement RACM,
                                                    SJVUAPCD Rule 4905 and SCAQMD                                 emissions from existing sources in the              including RACT, as expeditiously as
                                                    Rule 1111 are point-of-sale rules for fan-                    area as may be obtained through the                 possible in PM2.5 nonattainment areas
                                                    driven natural gas-fired furnaces. The                        adoption, at a minimum, of reasonably               classified as Moderate (see CAA
                                                    most recent revisions to Rule 4905                            available control technology (RACT), as             sections 172(c)(1) and 189(a)(1)(C)).
                                                    reduced the emission limits for various                       expeditiously as practicable, in ozone              SJVUAPCD and SCAQMD both regulate
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    furnace types to the same limits set in                       nonattainment areas classified Moderate             PM2.5 nonattainment areas classified as
                                                    the SIP-approved version of Rule 1111.                        and above (see CAA section 172(c)(1),               Moderate for the 2006 24-hour PM2.5
                                                    The most recent revisions to Rule 1111                        40 CFR 51.912(d) and 51.1112(c)). In                standard (40 CFR 81.305). A RACM/
                                                    briefly extended the compliance                               addition, the SIP must require RACT for             RACT evaluation is generally performed
                                                    deadline for one type of furnace. The                         all major sources of NOX in ozone                   in context of a broader plan.
                                                    revisions to both Rule 4905 and Rule                          nonattainment areas classified as                      SIP rules must implement Best
                                                    1111 also added a fee option for                              Moderate or above (see CAA section                  Available Control Measures (BACM),
                                                    manufacturers of furnaces who produce                         182(b)(2) and (f); 40 CFR 51.912(a) and             including Best Available Control


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                                                    68486                Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Proposed Rules

                                                    Technology (BACT), in PM2.5                             III. Incorporation by Reference                       application of those requirements would
                                                    nonattainment areas classified as                          In this rule, the EPA is proposing to              be inconsistent with the CAA; and
                                                    Serious or above (see CAA section                       include in a final EPA rule regulatory                   • Does not provide the EPA with the
                                                    189(b)(1)(B)). SJVUAPCD regulates a                     text that includes incorporation by                   discretionary authority to address
                                                    PM2.5 nonattainment area classified as                  reference. In accordance with                         disproportionate human health or
                                                    Serious for the 1997 PM2.5 standard (40                 requirements of 1 CFR 51.5, the EPA is                environmental effects with practical,
                                                    CFR 81.305). A BACM/BACT evaluation                     proposing to incorporate by reference                 appropriate, and legally permissible
                                                    is generally performed in context of a                  the SJVUAPCD and SCAQMD rules as                      methods under Executive Order 12898
                                                    broader plan.                                           described in Table 1 of this notice. The              (59 FR 7629, February 16, 1994).
                                                       Guidance and policy documents that                   EPA has made, and will continue to                       In addition, the SIP is not approved
                                                    we use to evaluate enforceability,                      make, these documents available                       to apply on any Indian reservation land
                                                    revision/relaxation and rule stringency                 electronically through                                or in any other area where the EPA or
                                                    requirements include the following:                     www.regulations.gov and in hard copy                  an Indian tribe has demonstrated that a
                                                                                                            at the appropriate EPA office (see the                tribe has jurisdiction. In those areas of
                                                       1. ‘‘State Implementation Plans;                                                                           Indian country, the rule does not have
                                                    General Preamble for the                                ADDRESSES section of this preamble for
                                                                                                            more information).                                    tribal implications and will not impose
                                                    Implementation of Title I of the Clean                                                                        substantial direct costs on tribal
                                                    Air Act Amendments of 1990,’’ 57 FR                     IV. Statutory and Executive Order                     governments or preempt tribal law as
                                                    13498 (April 16, 1992); 57 FR 18070                     Reviews                                               specified by Executive Order 13175 (65
                                                    (April 28, 1992).                                                                                             FR 67249, November 9, 2000).
                                                                                                               Under the CAA, the Administrator is
                                                       2. ‘‘Issues Relating to VOC Regulation               required to approve a SIP submission
                                                    Cutpoints, Deficiencies, and                                                                                  List of Subjects in 40 CFR Part 52
                                                                                                            that complies with the provisions of the
                                                    Deviations,’’ EPA, May 25, 1988 (the                    Act and applicable Federal regulations                  Environmental protection, Air
                                                    Bluebook, revised January 11, 1990).                    (CAA section 110(k); 40 CFR 52.02(a)).                pollution control, Incorporation by
                                                       3. ‘‘Guidance Document for Correcting                Thus, in reviewing SIP submissions, the               reference, Intergovernmental relations,
                                                    Common VOC & Other Rule                                 EPA’s role is to approve State choices,               Nitrogen dioxide, Ozone, Particulate
                                                    Deficiencies,’’ EPA Region 9, August 21,                provided that they meet the criteria of               matter, Reporting and recordkeeping
                                                    2001 (the Little Bluebook).                             the Act. Accordingly, this proposed                   requirements.
                                                       4. ‘‘State Implementation Plans;                     action merely proposes to approve State                 Authority: 42 U.S.C. 7401 et seq.
                                                    Nitrogen Oxides Supplement to the                       law as meeting Federal requirements                     Dated: October 19, 2015.
                                                    General Preamble; Clean Air Act                         and does not impose additional                        Jared Blumenfeld,
                                                    Amendments of 1990 Implementation of                    requirements beyond those imposed by                  Regional Administrator, Region IX.
                                                    Title I; Proposed Rule,’’ (the NOX                      State law. For that reason, this proposed
                                                                                                                                                                  [FR Doc. 2015–28278 Filed 11–4–15; 8:45 am]
                                                    Supplement), 57 FR 55620, November                      action:
                                                    25, 1992.                                                  • Is not a ‘‘significant regulatory                BILLING CODE 6560–50–P

                                                                                                            action’’ subject to review by the Office
                                                       5. ‘‘Improving Air Quality with
                                                                                                            of Management and Budget under
                                                    Economic Incentive Programs,’’ EPA,                                                                           ENVIRONMENTAL PROTECTION
                                                                                                            Executive Order 12866 (58 FR 51735,
                                                    January 2001 (EPA–452/R–01–001).                                                                              AGENCY
                                                                                                            October 4, 1993);
                                                    B. Do the rules meet the evaluation                        • Does not impose an information                   40 CFR Part 52
                                                    criteria?                                               collection burden under the provisions
                                                                                                            of the Paperwork Reduction Act (44
                                                       We believe these rules are consistent                                                                      [EPA–R09–OAR–2015–0673; FRL–9936–69–
                                                                                                            U.S.C. 3501 et seq.);                                 Region 9]
                                                    with CAA requirements and relevant                         • Is certified as not having a
                                                    guidance regarding enforceability,                      significant economic impact on a                      Partial Approval and Disapproval of
                                                    stringency and SIP revisions. The TSDs                  substantial number of small entities                  Nevada Air Plan Revisions, Clark
                                                    have more information on our                            under the Regulatory Flexibility Act (5               County
                                                    evaluation.                                             U.S.C. 601 et seq.);
                                                    C. Public Comment and Proposed                             • Does not contain any unfunded                    AGENCY:  Environmental Protection
                                                    Action                                                  mandate or significantly or uniquely                  Agency (EPA).
                                                                                                            affect small governments, as described                ACTION: Proposed rule.
                                                       As authorized in section 110(k)(3) of                in the Unfunded Mandates Reform Act
                                                    the Act, the EPA proposes to fully                      of 1995 (Pub. L. 104–4);                              SUMMARY:   The Environmental Protection
                                                    approve the submitted rules because we                     • Does not have Federalism                         Agency (EPA) is proposing a partial
                                                    believe they fulfills all relevant                      implications as specified in Executive                approval and partial disapproval of
                                                    requirements. We will accept comments                   Order 13132 (64 FR 43255, August 10,                  revisions to the Clark County portion of
                                                    from the public on this proposal until                  1999);                                                the Nevada State Implementation Plan
                                                    December 7, 2015. Unless we receive                        • Is not an economically significant               (SIP). These revisions concern volatile
                                                    convincing new information during the                   regulatory action based on health or                  organic compounds (VOCs), oxides of
                                                    comment period, we intend to publish                    safety risks subject to Executive Order               sulfur (SOX), and particulate matter
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    a final approval action that will                       13045 (62 FR 19885, April 23, 1997);                  (PM) emissions. We are proposing
                                                    incorporate these rules into the federally                 • Is not a significant regulatory action           action on rescissions of local rules that
                                                    enforceable SIP. While we are proposing                 subject to Executive Order 13211 (66 FR               regulate these pollutants under the
                                                    to fully approve the rules, the TSDs                    28355, May 22, 2001);                                 Clean Air Act (CAA or the Act). We are
                                                    discuss why fee provisions in these                        • Is not subject to requirements of                taking comments on this proposal and
                                                    rules limit the creditable emission                     Section 12(d) of the National                         plan to follow with a final action.
                                                    reductions from these rules in some                     Technology Transfer and Advancement                   DATES: Any comments must arrive by
                                                    CAA planning actions.                                   Act of 1995 (15 U.S.C. 272 note) because              December 7, 2015.


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Document Created: 2015-12-14 15:02:58
Document Modified: 2015-12-14 15:02:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesAny comments must arrive by December 7, 2015.
ContactKevin Gong, EPA Region IX, (415) 942 3073, [email protected]
FR Citation80 FR 68484 

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