80_FR_75673 80 FR 75442 - Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District

80 FR 75442 - Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 231 (December 2, 2015)

Page Range75442-75444
FR Document2015-30542

The Environmental Protection Agency (EPA) is proposing to approve a revision to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). This revision concerns volatile organic compound (VOC), oxides of nitrogen (NO<INF>X</INF>), and particulate matter (PM) emissions from internal combustion engines. We are proposing to approve a local rule 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 231 (Wednesday, December 2, 2015)
[Federal Register Volume 80, Number 231 (Wednesday, December 2, 2015)]
[Proposed Rules]
[Pages 75442-75444]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30542]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0751; FRL-9939-64-Region 9]


Revisions to the California State Implementation Plan, San 
Joaquin Valley Unified Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the San Joaquin Valley Unified Air Pollution 
Control District (SJVUAPCD) portion of the California State 
Implementation Plan (SIP). This revision concerns volatile organic 
compound (VOC), oxides of nitrogen (NOX), and particulate 
matter (PM) emissions from internal combustion engines. We are 
proposing to approve a local rule 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 January 4, 2016.

ADDRESSES: Submit comments, identified by docket number [EPA-R09-OAR-
2015-0751, 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.
    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://www2.epa.gov/dockets/commenting-epa-dockets.

[[Page 75443]]

    Docket: Generally, documents in the docket for this action are 
available electronically at www.regulations.gov and 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: Nicole Law, EPA Region IX, (415) 947-
4126, [email protected].

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

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Proposed Action
    A. How is EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. EPA recommendations to further improve the rule
    D. Public comment and proposed action
III. Incorporation by reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule addressed by this proposal with the dates 
that it was adopted by the local air agency and submitted by the 
California Air Resources Board (CARB).

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
             Local agency                 Rule number          Rule title             Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD..............................            4702  Internal Combustion             11/14/13        05/13/14
                                                         Engines.
----------------------------------------------------------------------------------------------------------------

    On July 18, 2014, EPA determined that the submittal for SJVUAPCD 
Rule 4702 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 this rule?

    We approved an earlier version of Rule 4702 into the SIP on January 
10, 2008 (73 FR 1819). The SJVUAPCD adopted revisions to the SIP-
approved version on November 14, 2013 and CARB submitted them to us on 
May 13, 2014. While we can act on only the most recently submitted 
version, we have reviewed materials provided with previous submittals.

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

    VOCs and NOX help produce ground-level ozone and smog, 
which harm human health and the environment. PM contributes to effects 
that are harmful to human health and the environment, including 
premature mortality, aggravation of respiratory and cardiovascular 
disease, decreased lung function, visibility impairment, and damage to 
vegetation and ecosystems. Section 110(a) of the CAA requires States to 
submit regulations that control emissions of VOC, NOX, and 
PM, among other pollutants.
    The primary changes to Rule 4702 include expanding the 
applicability of the rule, establishing lower NOX limits for 
spark-ignited non-Agricultural Operation (non-AO) IC engines, and 
adding a fee compliance option. EPA's technical support document (TSD) 
contains more information about this rule.

II. EPA's Evaluation and Proposed Action

A. How is EPA evaluating the rule?

    Generally, 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).
    Guidance and policy documents that we use to evaluate pollution 
control requirements, rule enforceability, and SIP revisions under CAA 
section 110 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. ``Alternative Control Techniques Document--NOX 
Emissions from Stationary Reciprocating Internal Combustion 
Engines,'' EPA-453/R-93-032, July 1993.
6. ``Determination of Reasonable Available Control Technology and 
Best Available Retrofit Control Technology for Stationary Spark-
Ignited Internal Combustion Engines,'' CARB, November 2011.
7. ``Review of State Implementation Plans and Revisions for 
Enforceability and Legal Sufficiency,'' September 23, 1987.

    In ozone nonattainment areas classified as moderate or above, all 
major stationary sources of NOX or VOCs must be subject to 
Reasonably Available Control Technology (RACT) (see sections 182(b)(2) 
and 182(f)). The SJVUAPCD regulates an ozone nonattainment area 
classified as extreme nonattainment for the 1-hour, 1997 8-hour, and 
2008 8-hour ozone NAAQS (see 40 CFR 81.305).
    Additionally, moderate PM2.5 nonattainment areas must 
implement Reasonably Available Control Measures (RACM), including 
Reasonably Available Control Technology (RACT) (see CAA sections 
172(c)(1) and 189(a)(1)(C)), and serious PM2.5 nonattainment 
areas must implement Best Available Control Measures (BACM), including 
Best Available Control Technology (BACT) (see CAA section 
189(b)(1)(B)). The SJVUAPCD regulates a PM2.5 nonattainment 
area classified as serious nonattainment for the 1997 PM2.5 
NAAQS and moderate nonattainment for the 2006 and 2012 PM2.5 
NAAQS. Therefore, we are evaluating this rule for compliance with both 
RACT and BACT requirements for NOX control.

B. Does the rule meet the evaluation criteria?

    We believe this rule is consistent with the relevant policy and 
guidance regarding enforceability, RACT, BACT, and SIP revisions. 
Although the new NOX emission limits for spark-ignited IC 
engines used in non-agricultural

[[Page 75444]]

operations in Table 2 of the revised rule are not enforceable because 
of the option to pay fees in lieu of compliance with the limits 
(section 5.2.2.2), the rule clearly requires that all engines in the 
fee program comply with the applicable limits in Table 1 of the rule 
(section 5.2.2.2.1), which are identical to the control requirements in 
the SIP-approved version of Rule 4702. Based on our evaluation of the 
control requirements in the rule and related support documents in the 
SIP submission, we propose to determine that Rule 4702 implements BACT 
for NOX emissions from stationary internal combustion 
engines operating in the SJV. The TSD has more information on our 
evaluation.

C. EPA Recommendations to Further Improve the Rule

    The TSD describes additional rule revisions that we recommend for 
the next time SJVUAPCD modifies the rule but are not currently the 
basis for rule disapproval.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, EPA is proposing to 
fully approve the submitted rule based on our conclusion that the rule 
satisfies all applicable CAA requirements. We will accept comments from 
the public on this proposal until January 4, 2016.

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 rule 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 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 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 Clean Air Act; and
     does not provide 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, this proposed action does not have tribal implications 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply on any Indian reservation land 
or 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 
will not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
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: November 12, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2015-30542 Filed 12-1-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                    75442              Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Proposed Rules

                                                    Management User Guide—V. 1.8, July                         (b) Military Export Sales—Exports                  ENVIRONMENTAL PROTECTION
                                                    23, 2012, Section 3.4, page 92, available               that are either Foreign Military Sales                AGENCY
                                                    at https://www.sam.gov/sam/transcript/                  (FMS) or commercial (direct) sales of:
                                                    SAM_User_Guide_v1.8.pdf). In addition,                                                                        40 CFR Part 52
                                                                                                               (1) Defense articles and/or defense
                                                    the U.S. government takes steps to                                                                            [EPA–R09–OAR–2015–0751; FRL–9939–64–
                                                                                                            services as defined by the Arms Export
                                                    facilitate selection of the correct NAICS                                                                     Region 9]
                                                                                                            Control Act and International Traffic in
                                                    code by private parties. The U.S. Census
                                                    Bureau posts instructions on its Web                    Arms Regulations; or
                                                                                                                                                                  Revisions to the California State
                                                    site on how to properly classify                           (2) Items controlled under an Export               Implementation Plan, San Joaquin
                                                    products and services in accordance                     Control Classification Number (ECCN)                  Valley Unified Air Pollution Control
                                                    with the NAICS. BIS has included                        that has the numeral ‘‘6’’ as its third               District
                                                    illustrative examples in § 701.4(c)(1)(iii)             character in the Commerce Control List
                                                    and § 701.4(c)(2)(iv) on classifying                                                                          AGENCY:  Environmental Protection
                                                                                                            found in Supplement No. 1 to part 774
                                                    military export sales and offset                                                                              Agency (EPA).
                                                                                                            of this chapter other than semi-
                                                    transactions by NAICS codes.                                                                                  ACTION: Proposed rule.
                                                                                                            submersible and submersible vessels
                                                       In addition, small governmental                      specially designed for cargo transport                SUMMARY:    The Environmental Protection
                                                    entities and small organizations are not                and parts, components, accessories and                Agency (EPA) is proposing to approve a
                                                    likely to be involved in international                  attachments specially designed therefor               revision to the San Joaquin Valley
                                                    defense trade, and would therefore have                 controlled under ECCN 8A620.b; test,                  Unified Air Pollution Control District
                                                    no reason to submit data to BIS                         inspection and production equipment                   (SJVUAPCD) portion of the California
                                                    pursuant to this regulation.                            controlled in ECCN 8B620.b; software                  State Implementation Plan (SIP). This
                                                    Consequently, this proposed rule, if                                                                          revision concerns volatile organic
                                                                                                            controlled in ECCN 8D620.b; and
                                                    promulgated, will not have a significant                                                                      compound (VOC), oxides of nitrogen
                                                                                                            technology controlled in ECCN 8E620.b.
                                                    impact on a substantial number of small                                                                       (NOX), and particulate matter (PM)
                                                    entities.                                               *      *     *    *     *
                                                                                                                                                                  emissions from internal combustion
                                                                                                            ■ 3. Revise paragraph (a) of § 701.3 to               engines. We are proposing to approve a
                                                    List of Subjects in 15 CFR Part 701
                                                                                                            read as follows:                                      local rule to regulate these emission
                                                      Administrative practice and
                                                    procedure, Arms and munitions,                          § 701.3   Applicability and scope.
                                                                                                                                                                  sources under the Clean Air Act (CAA
                                                    Business and industry, Exports,                                                                               or the Act). We are taking comments on
                                                    Government contracts, Reporting and                        (a) This part applies to U.S. firms                this proposal and plan to follow with a
                                                    recordkeeping requirements.                             entering contracts that are subject to an             final action.
                                                                                                            offset agreement exceeding $5,000,000                 DATES: Any comments must arrive by
                                                      Accordingly, 15 CFR part 701 is
                                                    proposed to be amended as follows:                      in value and that are for the sale to a               January 4, 2016.
                                                                                                            foreign country or foreign firm of: (1)               ADDRESSES: Submit comments,
                                                    PART 701—[AMENDED]                                      Defense articles and/or defense services              identified by docket number [EPA–R09–
                                                                                                            as defined by the Arms Export Control                 OAR–2015–0751, by one of the
                                                    ■ 1. The authority citation for 15 CFR                  Act and International Traffic in Arms                 following methods:
                                                    part 701 is revised to read as follows:                 Regulations; or                                          1. Federal eRulemaking Portal:
                                                      Authority: 50 U.S.C. app. 2061 et. seq.,                 (2) Items controlled under an Export               www.regulations.gov. Follow the on-line
                                                    E.O. 13603, 77 FR 16651, 3 CFR, 2012 Comp.,                                                                   instructions.
                                                    p. 225.
                                                                                                            Control Classification Number (ECCN)                     2. Email: steckel.andrew@epa.gov.
                                                                                                            that has the numeral ‘‘6’’ as its third                  3. Mail or deliver: Andrew Steckel
                                                    ■ 2. Revise paragraphs (a) and (b) of                   character in the Commerce Control List
                                                    § 701.2 to read as follows:                                                                                   (Air–4), U.S. Environmental Protection
                                                                                                            found in Supplement No. 1 to part 774                 Agency Region IX, 75 Hawthorne Street,
                                                    § 701.2   Definitions.                                  of this chapter other than semi-                      San Francisco, CA 94105–3901.
                                                       (a) Offsets—Compensation practices                   submersible and submersible vessels                      Instructions: Once submitted,
                                                    required as a condition of purchase in                  specially designed for cargo transport                comments cannot be edited or
                                                    either government-to-government or                      and parts, components, accessories and                withdrawn. The EPA may publish any
                                                    commercial sales of:                                    attachments specially designed therefor               comment received to its public docket.
                                                       (1) Defense articles and/or defense                  controlled under ECCN 8A620.b; test,                  Do not submit electronically any
                                                    services as defined by the Arms Export                  inspection and production equipment                   information you consider to be
                                                    Control Act and the International Traffic               controlled in ECCN 8B620.b; software                  Confidential Business Information (CBI)
                                                    in Arms Regulations; or                                 controlled in ECCN 8D620.b and                        or other information whose disclosure is
                                                       (2) Items controlled under an Export                 technology controlled in ECCN 8E620.b.                restricted by statute. If you need to
                                                    Control Classification Number (ECCN)                                                                          include CBI as part of your comment,
                                                                                                            *      *    *     *     *
                                                    that has the numeral ‘‘6’’ as its third                                                                       please visit http://www.epa.gov/
                                                    character in the Commerce Control List                    Dated: November 24, 2015.                           dockets/comments.html for further
                                                    found in Supplement No. 1 to part 774                   Kevin J. Wolf,                                        instructions. Multimedia submissions
                                                    of this chapter other than semi-                        Assistant Secretary for Export                        (audio, video, etc.) must be
                                                    submersible and submersible vessels                                                                           accompanied by a written comment.
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                                                                            Administration.
                                                    specially designed for cargo transport                  [FR Doc. 2015–30421 Filed 12–1–15; 8:45 am]           The written comment is considered the
                                                    and parts, components, accessories and                                                                        official comment and should include
                                                                                                            BILLING CODE 3510–JT–P
                                                    attachments specially designed therefor                                                                       discussion of all points you wish to
                                                    controlled under ECCN 8A620.b; test,                                                                          make. For the full EPA public comment
                                                    inspection and production equipment                                                                           policy and general guidance on making
                                                    controlled in ECCN 8B620.b, software                                                                          effective comments, please visit http://
                                                    controlled in ECCN 8D620.b and                                                                                www2.epa.gov/dockets/commenting-
                                                    technology controlled in ECCN 8E620.b.                                                                        epa-dockets.


                                               VerDate Sep<11>2014   13:22 Dec 01, 2015   Jkt 238001   PO 00000   Frm 00005   Fmt 4702   Sfmt 4702   E:\FR\FM\02DEP1.SGM   02DEP1


                                                                            Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Proposed Rules                                                    75443

                                                       Docket: Generally, documents in the                           hours with the contact listed in the FOR                  A. How is EPA evaluating the rule?
                                                    docket for this action are available                             FURTHER INFORMATION CONTACT     section.                  B. Does the rule meet the evaluation
                                                    electronically at www.regulations.gov                                                                                         criteria?
                                                                                                                     FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                               C. EPA recommendations to further
                                                    and in hard copy at EPA Region IX, 75                            Nicole Law, EPA Region IX, (415) 947–                        improve the rule
                                                    Hawthorne Street, San Francisco,                                 4126, Law.Nicole@epa.gov.                                 D. Public comment and proposed action
                                                    California. While all documents in the                           SUPPLEMENTARY INFORMATION:                             III. Incorporation by reference
                                                    docket are listed at                                             Throughout this document, ‘‘we,’’ ‘‘us’’               IV. Statutory and Executive Order Reviews
                                                    www.regulations.gov, some information                            and ‘‘our’’ refer to EPA.
                                                                                                                                                                            I. The State’s Submittal
                                                    may be publicly available only at the                            Table of Contents
                                                    hard copy location (e.g., copyrighted                                                                                   A. What rule did the State submit?
                                                    material, large maps), and some may not                          I. The State’s Submittal
                                                                                                                        A. What rule did the State submit?                    Table 1 lists the rule addressed by this
                                                    be publicly available in either location                                                                                proposal with the dates that it was
                                                                                                                        B. Are there other versions of this rule?
                                                    (e.g., CBI). To inspect the hard copy                               C. What is the purpose of the submitted             adopted by the local air agency and
                                                    materials, please schedule an                                         rule revisions?                                   submitted by the California Air
                                                    appointment during normal business                               II. EPA’s Evaluation and Proposed Action               Resources Board (CARB).

                                                                                                                            TABLE 1—SUBMITTED RULE
                                                                         Local agency                                Rule number                             Rule title                       Adopted         Submitted

                                                    SJVUAPCD .....................................................            4702    Internal Combustion Engines .........................     11/14/13          05/13/14



                                                      On July 18, 2014, EPA determined                               II. EPA’s Evaluation and Proposed                            Combustion Engines,’’ CARB, November
                                                    that the submittal for SJVUAPCD Rule                             Action                                                       2011.
                                                    4702 met the completeness criteria in 40                                                                                7. ‘‘Review of State Implementation Plans
                                                                                                                     A. How is EPA evaluating the rule?                           and Revisions for Enforceability and
                                                    CFR part 51 Appendix V, which must be                                                                                         Legal Sufficiency,’’ September 23, 1987.
                                                    met before formal EPA review.                                      Generally, SIP rules must be
                                                                                                                     enforceable (see CAA section 110(a)(2)),                 In ozone nonattainment areas
                                                    B. Are there other versions of this rule?                        must not interfere with applicable                     classified as moderate or above, all
                                                                                                                     requirements concerning attainment and                 major stationary sources of NOX or
                                                      We approved an earlier version of                              reasonable further progress or other                   VOCs must be subject to Reasonably
                                                    Rule 4702 into the SIP on January 10,                            CAA requirements (see CAA section                      Available Control Technology (RACT)
                                                    2008 (73 FR 1819). The SJVUAPCD                                  110(l)), and must not modify certain SIP               (see sections 182(b)(2) and 182(f)). The
                                                    adopted revisions to the SIP-approved                            control requirements in nonattainment                  SJVUAPCD regulates an ozone
                                                    version on November 14, 2013 and                                 areas without ensuring equivalent or                   nonattainment area classified as extreme
                                                    CARB submitted them to us on May 13,                             greater emissions reductions (see CAA                  nonattainment for the 1-hour, 1997 8-
                                                    2014. While we can act on only the most                          section 193).                                          hour, and 2008 8-hour ozone NAAQS
                                                    recently submitted version, we have                                Guidance and policy documents that                   (see 40 CFR 81.305).
                                                    reviewed materials provided with                                 we use to evaluate pollution control                     Additionally, moderate PM2.5
                                                    previous submittals.                                             requirements, rule enforceability, and                 nonattainment areas must implement
                                                                                                                     SIP revisions under CAA section 110                    Reasonably Available Control Measures
                                                    C. What is the purpose of the submitted
                                                                                                                     include the following:                                 (RACM), including Reasonably
                                                    rule revisions?
                                                                                                                     1. ‘‘State Implementation Plans; General               Available Control Technology (RACT)
                                                      VOCs and NOX help produce ground-                                    Preamble for the Implementation of Title         (see CAA sections 172(c)(1) and
                                                    level ozone and smog, which harm                                       I of the Clean Air Act Amendments of             189(a)(1)(C)), and serious PM2.5
                                                                                                                           1990,’’ 57 FR 13498 (April 16, 1992); 57         nonattainment areas must implement
                                                    human health and the environment. PM                                   FR 18070 (April 28, 1992).
                                                    contributes to effects that are harmful to                                                                              Best Available Control Measures
                                                                                                                     2. ‘‘Issues Relating to VOC Regulation
                                                    human health and the environment,                                      Cutpoints, Deficiencies, and Deviations,’’       (BACM), including Best Available
                                                    including premature mortality,                                         EPA, May 25, 1988 (the Bluebook,                 Control Technology (BACT) (see CAA
                                                    aggravation of respiratory and                                         revised January 11, 1990).                       section 189(b)(1)(B)). The SJVUAPCD
                                                    cardiovascular disease, decreased lung                           3. ‘‘Guidance Document for Correcting                  regulates a PM2.5 nonattainment area
                                                                                                                           Common VOC & Other Rule                          classified as serious nonattainment for
                                                    function, visibility impairment, and                                   Deficiencies,’’ EPA Region 9, August 21,
                                                    damage to vegetation and ecosystems.                                                                                    the 1997 PM2.5 NAAQS and moderate
                                                                                                                           2001 (the Little Bluebook).                      nonattainment for the 2006 and 2012
                                                    Section 110(a) of the CAA requires                               4. ‘‘State Implementation Plans; Nitrogen
                                                    States to submit regulations that control                              Oxides Supplement to the General                 PM2.5 NAAQS. Therefore, we are
                                                    emissions of VOC, NOX, and PM, among                                   Preamble; Clean Air Act Amendments of            evaluating this rule for compliance with
                                                    other pollutants.                                                      1990 Implementation of Title I; Proposed         both RACT and BACT requirements for
                                                                                                                           Rule,’’ (the NOX Supplement), 57 FR              NOX control.
                                                      The primary changes to Rule 4702                                     55620, November 25, 1992.
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    include expanding the applicability of                           5. ‘‘Alternative Control Techniques                    B. Does the rule meet the evaluation
                                                    the rule, establishing lower NOX limits                                Document—NOX Emissions from                      criteria?
                                                    for spark-ignited non-Agricultural                                     Stationary Reciprocating Internal                  We believe this rule is consistent with
                                                    Operation (non-AO) IC engines, and                                     Combustion Engines,’’ EPA–453/R–93–
                                                                                                                           032, July 1993.
                                                                                                                                                                            the relevant policy and guidance
                                                    adding a fee compliance option. EPA’s                            6. ‘‘Determination of Reasonable Available             regarding enforceability, RACT, BACT,
                                                    technical support document (TSD)                                       Control Technology and Best Available            and SIP revisions. Although the new
                                                    contains more information about this                                   Retrofit Control Technology for                  NOX emission limits for spark-ignited IC
                                                    rule.                                                                  Stationary Spark-Ignited Internal                engines used in non-agricultural


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                                                    75444              Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Proposed Rules

                                                    operations in Table 2 of the revised rule               beyond those imposed by State law. For                  Authority: 42 U.S.C. 7401 et seq.
                                                    are not enforceable because of the                      that reason, this proposed action:                      Dated: November 12, 2015.
                                                    option to pay fees in lieu of compliance                   • Is not a ‘‘significant regulatory
                                                                                                                                                                  Jared Blumenfeld,
                                                    with the limits (section 5.2.2.2), the rule             action’’ subject to review by the Office
                                                    clearly requires that all engines in the                of Management and Budget under                        Regional Administrator, Region IX.
                                                    fee program comply with the applicable                  Executive Order 12866 (58 FR 51735,                   [FR Doc. 2015–30542 Filed 12–1–15; 8:45 am]
                                                    limits in Table 1 of the rule (section                  October 4, 1993);                                     BILLING CODE 6560–50–P
                                                    5.2.2.2.1), which are identical to the                     • does not impose an information
                                                    control requirements in the SIP-                        collection burden under the provisions
                                                    approved version of Rule 4702. Based                    of the Paperwork Reduction Act (44                    ENVIRONMENTAL PROTECTION
                                                    on our evaluation of the control                        U.S.C. 3501 et seq.);                                 AGENCY
                                                    requirements in the rule and related                       • is certified as not having a
                                                                                                            significant economic impact on a                      40 CFR Part 52
                                                    support documents in the SIP
                                                    submission, we propose to determine                     substantial number of small entities                  [EPA–R06–OAR–2013–0613; FRL–9939–46–
                                                    that Rule 4702 implements BACT for                      under the Regulatory Flexibility Act (5               Region 6]
                                                    NOX emissions from stationary internal                  U.S.C. 601 et seq.);
                                                    combustion engines operating in the                        • does not contain any unfunded                    Approval and Promulgation of
                                                    SJV. The TSD has more information on                    mandate or significantly or uniquely                  Implementation Plans; State of New
                                                    our evaluation.                                         affect small governments, as described                Mexico/Albuquerque-Bernalillo
                                                                                                            in the Unfunded Mandates Reform Act                   County; Infrastructure and Interstate
                                                    C. EPA Recommendations to Further                       of 1995 (Pub. L. 104–4);                              Transport SIP 2010 Nitrogen Dioxide
                                                    Improve the Rule                                           • does not have Federalism                         National Ambient Air Quality
                                                      The TSD describes additional rule                     implications as specified in Executive                Standards
                                                    revisions that we recommend for the                     Order 13132 (64 FR 43255, August 10,                  AGENCY:  Environmental Protection
                                                    next time SJVUAPCD modifies the rule                    1999);                                                Agency (EPA).
                                                    but are not currently the basis for rule                   • is not an economically significant
                                                                                                            regulatory action based on health or                  ACTION: Proposed rule.
                                                    disapproval.
                                                                                                            safety risks subject to Executive Order               SUMMARY:   Under the Federal Clean Air
                                                    D. Public Comment and Proposed                          13045 (62 FR 19885, April 23, 1997);
                                                    Action                                                                                                        Act (CAA or the Act), the
                                                                                                               • is not a significant regulatory action           Environmental Protection Agency (EPA)
                                                      As authorized in section 110(k)(3) of                 subject to Executive Order 13211 (66 FR               is proposing to approve a State
                                                    the Act, EPA is proposing to fully                      28355, May 22, 2001);                                 Implementation Plan (SIP) submission
                                                    approve the submitted rule based on our                    • is not subject to requirements of                from the State of New Mexico on behalf
                                                    conclusion that the rule satisfies all                  Section 12(d) of the National                         of the City of Albuquerque-Bernalillo
                                                    applicable CAA requirements. We will                    Technology Transfer and Advancement                   County for the Nitrogen Dioxide (NO2)
                                                    accept comments from the public on                      Act of 1995 (15 U.S.C. 272 note) because              National Ambient Air Quality Standards
                                                    this proposal until January 4, 2016.                    application of those requirements would               (NAAQS). The submittal addresses how
                                                                                                            be inconsistent with the Clean Air Act;               the existing SIP provides for
                                                    III. Incorporation by Reference                         and                                                   implementation, maintenance, and
                                                       In this rule, the EPA is proposing to                   • does not provide EPA with the
                                                                                                                                                                  enforcement of the 2010 NO2 NAAQS
                                                    include in a final EPA rule regulatory                  discretionary authority to address
                                                                                                                                                                  (infrastructure SIP or i-SIP). This i-SIP
                                                    text that includes incorporation by                     disproportionate human health or
                                                                                                                                                                  ensures that the State’s SIP for
                                                    reference. In accordance with                           environmental effects with practical,
                                                                                                                                                                  Albuquerque-Bernalillo County is
                                                    requirements of 1 CFR 51.5, the EPA is                  appropriate, and legally permissible
                                                                                                                                                                  adequate to meet the state’s
                                                    proposing to incorporate by reference                   methods under Executive Order 12898
                                                                                                                                                                  responsibilities under the CAA,
                                                    the SJVUAPCD rule as described in                       (59 FR 7629, February 16, 1994).
                                                                                                                                                                  including the four CAA requirements
                                                    Table 1 of this notice. The EPA has                        In addition, this proposed action does
                                                                                                                                                                  for interstate transport of NO2
                                                    made, and will continue to make, these                  not have tribal implications as specified
                                                                                                                                                                  emissions.
                                                    documents available electronically                      by Executive Order 13175 (65 FR 67249,
                                                    through www.regulations.gov and in                      November 9, 2000), because the SIP is                 DATES: Written comments must be
                                                    hard copy at the appropriate EPA office                 not approved to apply on any Indian                   received on or before January 4, 2016.
                                                    (see the ADDRESSES section of this                      reservation land or in any other area                 ADDRESSES: Submit your comments,
                                                    preamble for more information).                         where EPA or an Indian tribe has                      identified by Docket ID Number EPA–
                                                                                                            demonstrated that a tribe has                         R06–OAR–2013–0613, by one of the
                                                    IV. Statutory and Executive Order
                                                                                                            jurisdiction. In those areas of Indian                following methods:
                                                    Reviews                                                                                                          • www.regulations.gov. Follow the
                                                                                                            country, the rule will not have tribal
                                                      Under the Clean Air Act, the                          implications and will not impose                      online instructions.
                                                    Administrator is required to approve a                  substantial direct costs on tribal                       • Email: Tracie Donaldson at
                                                    SIP submission that complies with the                   governments or preempt tribal law.                    Donaldson.tracie@epa.gov.
                                                    provisions of the Act and applicable                                                                             • Mail or delivery: Mary Stanton,
                                                    Federal regulations. 42 U.S.C. 7410(k);                 List of Subjects in 40 CFR Part 52                    Chief, State Implementation B Section
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    40 CFR 52.02(a). Thus, in reviewing SIP                   Environmental protection, Air                       (6MM–AB), Environmental Protection
                                                    submissions, EPA’s role is to approve                   pollution control, Carbon monoxide,                   Agency, 1445 Ross Avenue, Suite 1200,
                                                    State choices, provided that they meet                  Incorporation by reference,                           Dallas, Texas 75202–2733. Deliveries
                                                    the criteria of the Clean Air Act.                      Intergovernmental relations, Nitrogen                 are accepted only between the hours of
                                                    Accordingly, this proposed action                       dioxide, Ozone, Particulate matter,                   8 a.m. and 4 p.m. weekdays, and not on
                                                    merely proposes to approve State law as                 Reporting and recordkeeping                           legal holidays. Special arrangements
                                                    meeting Federal requirements and does                   requirements, Volatile organic                        should be made for deliveries of boxed
                                                    not impose additional requirements                      compounds.                                            information.


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Document Created: 2015-12-14 13:48:40
Document Modified: 2015-12-14 13:48:40
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 January 4, 2016.
ContactNicole Law, EPA Region IX, (415) 947- 4126, [email protected]
FR Citation80 FR 75442 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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