81 FR 62849 - Approval of California Air Plan Revisions, Great Basin Unified Air Pollution Control District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 177 (September 13, 2016)
Federal Register Volume 81, Issue 177 (September 13, 2016)
| Page Range | 62849-62850 | |
| FR Document | 2016-21872 |
[Federal Register Volume 81, Number 177 (Tuesday, September 13, 2016)] [Proposed Rules] [Pages 62849-62850] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21872] [[Page 62849]] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2016-0393; FRL-9952-08-Region 9] Approval of California Air Plan Revisions, Great Basin 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 Great Basin Unified Air Pollution Control District (GBUAPCD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of particulate matter (PM) at Owens Lake, CA. We are proposing to approve a local rule to regulate this emission source 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 October 13, 2016. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09- OAR-2016-0393 at http://www.regulations.gov, or via email to Andrew Steckel, Rulemaking Office Chief at [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be removed or edited from Regulations.gov. For either manner of submission, 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. 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. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX, (415) 947-4125, [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 rule did the State submit? B. Are there other versions of this rule? C. What is the purpose of the submitted rule? II. The EPA's Evaluation and Action A. How is the EPA evaluating the rule? B. Does the rule 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 rule did the State submit? Table 1 lists the rule addressed by this proposal with the date 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 No. Rule title Adopted Submitted ---------------------------------------------------------------------------------------------------------------- GBUAPCD..................... 433 Control of Particulate 04/13/16 06/09/16 Emissions at Owens Lake. ---------------------------------------------------------------------------------------------------------------- On July 6, 2016, the EPA determined that the submittal for GBUAPCD Rule 433 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? There are no previous versions of Rule 433 in the SIP. C. What is the purpose of the submitted rule? PM, including PM equal to or less than 10 microns in diameter (PM10 ), 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 PM emissions, including PM10 emissions. GBUAPCD Rule 433 establishes PM10 emission control requirements at the dry Owens Lake bed in the Owens Valley Planning Area (OVPA). The rule defines Best Available Control Measures (BACM) and establishes the temporal and geographic requirements of these controls at Owens Lake, with the goal of reducing PM10 emissions from the dry lake bed to attain the 24-hour PM10 National Ambient Air Quality Standard (NAAQS) in 2017. For example, Rule 433 requires the application of controls such as gravel blankets, managed vegetation, or shallow flooding to areas of the dry Owens Lake bed that have contributed to violations of the NAAQS. The EPA's technical support document (TSD) has more information about this rule. II. The EPA's Evaluation and Action A. How is the EPA evaluating the rule? 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). Generally, SIP rules must implement BACM, including Best Available Control Technology (BACT), in areas classified as serious nonattainment (see CAA section 189(b)(1)(B)) for PM10 . The GBUAPCD regulates the OVPA, which is a PM10 nonattainment area classified as serious. A BACM and BACT evaluation is generally performed in context of a broader plan.\1\ --------------------------------------------------------------------------- \1\ CARB submitted the GBUAPCD's 2016 OVPA PM10 SIP on June 9, 2016. We intend to evaluate and propose action on the 2016 OVPA PM10 SIP, including BACM, in a separate action in the near future. --------------------------------------------------------------------------- The dry Owens Lake bed is the predominant source of PM10 emissions in the OVPA.\2\ Rule 433 requires the City of Los Angeles to implement a number of PM10 control measures, including shallow flooding, managed vegetation, installation of gravel blankets, application of brine, or surface roughening (tillage) over a large portion of the dry Owens Lake bed. The control [[Page 62850]] measures required by Rule 433 will result in a substantial reduction of PM10 emissions in the OVPA from the Owens Lake bed.\3\ --------------------------------------------------------------------------- \2\ OVPA 2016 SIP BACM Assessment at p. 1. \3\ OVPA 2016 SIP at p. 87 and Figure 10-1. --------------------------------------------------------------------------- Guidance and policy documents that we use to evaluate enforceability, revision/relaxation and rule stringency requirements for the applicable criteria pollutants 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 for Serious PM10 Nonattainment Areas, and Attainment Date Waivers for PM10 Nonattainment Areas Generally; Addendum to the General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990,'' 59 FR 41998 (August 16, 1994). 5. ``PM10 Guideline Document,'' EPA 452/R-93-008, April 1993. 6. ``Fugitive Dust Background Document and Technical Information Document for Best Available Control Measures,'' EPA 450/2-92-004, September 1992. B. Does the rule meet the evaluation criteria? The PM10 emission controls and other requirements in Rule 433 are clear and adequately enforceable. The requirements clearly strengthen the SIP and are consistent with CAA sections 110(l) and 193. We intend to address BACM for this area in the near future when we act on the OVPA 2016 SIP. Therefore, we find that Rule 433 is consistent with the relevant policy and guidance regarding enforceability and does not result in a SIP relaxation. The TSD has 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 rule because it fulfills all relevant requirements. We will accept comments from the public on this proposal until October 13, 2016. If we take final action to approve the submitted rule, our final action will incorporate this rule into the federally enforceable SIP. 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 GBUAPCD rule described in Table 1 of this preamble. The EPA has made, and will continue to make, these materials available through www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT 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, the 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, 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, Particulate matter, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: August 24, 2016. Alexis Strauss, Acting Regional Administrator, Region IX. [FR Doc. 2016-21872 Filed 9-12-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Proposed Rules 62849
ENVIRONMENTAL PROTECTION OAR–2016–0393 at http:// making effective comments, please visit
AGENCY www.regulations.gov, or via email to http://www2.epa.gov/dockets/
Andrew Steckel, Rulemaking Office commenting-epa-dockets.
40 CFR Part 52 Chief at Steckel.Andrew@epa.gov. For FOR FURTHER INFORMATION CONTACT:
[EPA–R09–OAR–2016–0393; FRL–9952–08– comments submitted at Regulations.gov, Christine Vineyard, EPA Region IX,
Region 9] follow the online instructions for (415) 947–4125, vineyard.christine@
submitting comments. Once submitted, epa.gov.
Approval of California Air Plan comments cannot be removed or edited
Revisions, Great Basin Unified Air from Regulations.gov. For either manner SUPPLEMENTARY INFORMATION:
Pollution Control District of submission, the EPA may publish any Throughout this document, ‘‘we,’’ ‘‘us’’
comment received to its public docket. and ‘‘our’’ refer to the EPA.
AGENCY: Environmental Protection
Agency (EPA). Do not submit electronically any Table of Contents
ACTION: Proposed rule.
information you consider to be
Confidential Business Information (CBI) I. The State’s Submittal
A. What rule did the State submit?
SUMMARY: The Environmental Protection or other information whose disclosure is
B. Are there other versions of this rule?
Agency (EPA) is proposing to approve a restricted by statute. Multimedia C. What is the purpose of the submitted
revision to the Great Basin Unified Air submissions (audio, video, etc.) must be rule?
Pollution Control District (GBUAPCD) accompanied by a written comment. II. The EPA’s Evaluation and Action
portion of the California State The written comment is considered the A. How is the EPA evaluating the rule?
Implementation Plan (SIP). This official comment and should include B. Does the rule meet the evaluation
revision concerns emissions of discussion of all points you wish to criteria?
particulate matter (PM) at Owens Lake, make. The EPA will generally not C. Public Comment and Proposed Action
CA. We are proposing to approve a local consider comments or comment III. Incorporation by Reference
rule to regulate this emission source IV. Statutory and Executive Order Reviews
contents located outside of the primary
under the Clean Air Act (CAA or the submission (i.e. on the web, cloud, or I. The State’s Submittal
Act). We are taking comments on this other file sharing system). For
proposal and plan to follow with a final A. What rule did the State submit?
additional submission methods, please
action. contact the person identified in the FOR Table 1 lists the rule addressed by this
DATES: Any comments must arrive by FURTHER INFORMATION CONTACT section. proposal with the date that it was
October 13, 2016. For the full EPA public comment policy, adopted by the local air agency and
ADDRESSES: Submit your comments, information about CBI or multimedia submitted by the California Air
identified by Docket ID No. EPA–R09– submissions, and general guidance on Resources Board (CARB).
TABLE 1—SUBMITTED RULE
Local agency Rule No. Rule title Adopted Submitted
GBUAPCD .... 433 Control of Particulate Emissions at Owens Lake ............................................. 04/13/16 06/09/16
On July 6, 2016, the EPA determined (OVPA). The rule defines Best Available emissions reductions (see CAA section
that the submittal for GBUAPCD Rule Control Measures (BACM) and 193).
433 met the completeness criteria in 40 establishes the temporal and geographic Generally, SIP rules must implement
CFR part 51 Appendix V, which must be requirements of these controls at Owens BACM, including Best Available Control
met before formal EPA review. Lake, with the goal of reducing PM10 Technology (BACT), in areas classified
emissions from the dry lake bed to as serious nonattainment (see CAA
B. Are there other versions of this rule? attain the 24-hour PM10 National section 189(b)(1)(B)) for PM10. The
There are no previous versions of Ambient Air Quality Standard (NAAQS) GBUAPCD regulates the OVPA, which
Rule 433 in the SIP. in 2017. For example, Rule 433 requires is a PM10 nonattainment area classified
the application of controls such as as serious. A BACM and BACT
C. What is the purpose of the submitted gravel blankets, managed vegetation, or evaluation is generally performed in
rule? shallow flooding to areas of the dry context of a broader plan.1
PM, including PM equal to or less Owens Lake bed that have contributed The dry Owens Lake bed is the
than 10 microns in diameter (PM10), to violations of the NAAQS. The EPA’s predominant source of PM10 emissions
contributes to effects that are harmful to technical support document (TSD) has in the OVPA.2 Rule 433 requires the
human health and the environment, more information about this rule. City of Los Angeles to implement a
including premature mortality, II. The EPA’s Evaluation and Action number of PM10 control measures,
aggravation of respiratory and including shallow flooding, managed
cardiovascular disease, decreased lung A. How is the EPA evaluating the rule? vegetation, installation of gravel
function, visibility impairment, and SIP rules must be enforceable (see blankets, application of brine, or surface
damage to vegetation and ecosystems. CAA section 110(a)(2)), must not roughening (tillage) over a large portion
Lhorne on DSK30JT082PROD with PROPOSALS
Section 110(a) of the CAA requires interfere with applicable requirements of the dry Owens Lake bed. The control
states to submit regulations that control concerning attainment and reasonable
PM emissions, including PM10 further progress or other CAA 1 CARB submitted the GBUAPCD’s 2016 OVPA
emissions. GBUAPCD Rule 433 requirements (see CAA section 110(l)), PM10 SIP on June 9, 2016. We intend to evaluate
and propose action on the 2016 OVPA PM10 SIP,
establishes PM10 emission control and must not modify certain SIP control including BACM, in a separate action in the near
requirements at the dry Owens Lake bed requirements in nonattainment areas future.
in the Owens Valley Planning Area without ensuring equivalent or greater 2 OVPA 2016 SIP BACM Assessment at p. 1.
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![62850 Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Proposed Rules
measures required by Rule 433 will incorporate this rule into the federally Technology Transfer and Advancement
result in a substantial reduction of PM10 enforceable SIP. Act of 1995 (15 U.S.C. 272 note) because
emissions in the OVPA from the Owens application of those requirements would
III. Incorporation by Reference
Lake bed.3 be inconsistent with the Clean Air Act;
Guidance and policy documents that In this rule, the EPA is proposing to and
we use to evaluate enforceability, include in a final EPA rule regulatory • does not provide EPA with the
revision/relaxation and rule stringency text that includes incorporation by discretionary authority to address
requirements for the applicable criteria reference. In accordance with disproportionate human health or
pollutants include the following: requirements of 1 CFR 51.5, the EPA is environmental effects with practical,
1. ‘‘State Implementation Plans; proposing to incorporate by reference appropriate, and legally permissible
General Preamble for the the GBUAPCD rule described in Table 1 methods under Executive Order 12898
Implementation of Title I of the Clean of this preamble. The EPA has made, (59 FR 7629, February 16, 1994).
Air Act Amendments of 1990,’’ 57 FR and will continue to make, these In addition, the SIP is not approved
13498 (April 16, 1992); 57 FR 18070 materials available through to apply on any Indian reservation land
(April 28, 1992). www.regulations.gov and at the EPA or in any other area where the EPA or
2. ‘‘Issues Relating to VOC Regulation Region IX Office (please contact the an Indian tribe has demonstrated that a
Cutpoints, Deficiencies, and person identified in the FOR FURTHER tribe has jurisdiction. In those areas of
Deviations,’’ EPA, May 25, 1988 (the INFORMATION CONTACT section of this Indian country, the rule does not have
Bluebook, revised January 11, 1990). preamble for more information). tribal implications and will not impose
3. ‘‘Guidance Document for Correcting substantial direct costs on tribal
IV. Statutory and Executive Order
Common VOC & Other Rule governments or preempt tribal law as
Reviews
Deficiencies,’’ EPA Region 9, August 21, specified by Executive Order 13175 (65
Under the Clean Air Act, the FR 67249, November 9, 2000).
2001 (the Little Bluebook).
Administrator is required to approve a
4. ‘‘State Implementation Plans for List of Subjects in 40 CFR Part 52
SIP submission that complies with the
Serious PM10 Nonattainment Areas, and
provisions of the Act and applicable Environmental protection, Air
Attainment Date Waivers for PM10
federal regulations. 42 U.S.C. 7410(k); pollution control, Incorporation by
Nonattainment Areas Generally;
40 CFR 52.02(a). Thus, in reviewing SIP reference, Intergovernmental relations,
Addendum to the General Preamble for
submissions, the EPA’s role is to Particulate matter, Reporting and
the Implementation of Title I of the
approve State choices, provided that recordkeeping requirements.
Clean Air Act Amendments of 1990,’’ 59
they meet the criteria of the Clean Air Authority: 42 U.S.C. 7401 et seq.
FR 41998 (August 16, 1994).
Act. Accordingly, this proposed action
5. ‘‘PM10 Guideline Document,’’ EPA Dated: August 24, 2016.
merely proposes to approve State law as
452/R–93–008, April 1993. Alexis Strauss,
meeting federal requirements and does
6. ‘‘Fugitive Dust Background not impose additional requirements Acting Regional Administrator, Region IX.
Document and Technical Information beyond those imposed by State law. For [FR Doc. 2016–21872 Filed 9–12–16; 8:45 am]
Document for Best Available Control that reason, this proposed action: BILLING CODE 6560–50–P
Measures,’’ EPA 450/2–92–004, • Is not a ‘‘significant regulatory
September 1992. action’’ subject to review by the Office
B. Does the rule meet the evaluation of Management and Budget under DEPARTMENT OF COMMERCE
criteria? Executive Order 12866 (58 FR 51735,
October 4, 1993); National Oceanic and Atmospheric
The PM10 emission controls and other • does not impose an information Administration
requirements in Rule 433 are clear and collection burden under the provisions
adequately enforceable. The of the Paperwork Reduction Act (44 50 CFR Part 680
requirements clearly strengthen the SIP U.S.C. 3501 et seq.);
and are consistent with CAA sections RIN 0648–BG15
• is certified as not having a
110(l) and 193. We intend to address significant economic impact on a
BACM for this area in the near future Fisheries of the Exclusive Economic
substantial number of small entities Zone Off Alaska; Bering Sea and
when we act on the OVPA 2016 SIP. under the Regulatory Flexibility Act (5
Therefore, we find that Rule 433 is Aleutian Islands Crab Rationalization
U.S.C. 601 et seq.); Program
consistent with the relevant policy and • does not contain any unfunded
guidance regarding enforceability and mandate or significantly or uniquely AGENCY: National Marine Fisheries
does not result in a SIP relaxation. The affect small governments, as described Service (NMFS), National Oceanic and
TSD has more information on our in the Unfunded Mandates Reform Act Atmospheric Administration (NOAA),
evaluation. of 1995 (Pub. L. 104–4); Commerce.
C. Public Comment and Proposed • does not have Federalism ACTION: Notice of availability of fishery
Action implications as specified in Executive management plan amendment; request
Order 13132 (64 FR 43255, August 10, for comments.
As authorized in section 110(k)(3) of 1999);
the Act, the EPA proposes to fully • is not an economically significant SUMMARY: The North Pacific Fishery
approve the submitted rule because it Management Council submitted
Lhorne on DSK30JT082PROD with PROPOSALS
regulatory action based on health or
fulfills all relevant requirements. We safety risks subject to Executive Order Amendment 47 to the Fishery
will accept comments from the public 13045 (62 FR 19885, April 23, 1997); Management Plan for Bering Sea/
on this proposal until October 13, 2016. • is not a significant regulatory action Aleutian Islands King and Tanner Crabs
If we take final action to approve the subject to Executive Order 13211 (66 FR (Crab FMP) to NMFS for review. If
submitted rule, our final action will 28355, May 22, 2001); approved, Amendment 47 would
• is not subject to requirements of exempt eastern Chionoecetes bairdi
3 OVPA 2016 SIP at p. 87 and Figure 10–1. Section 12(d) of the National Tanner (EBT) and western C. bairdi
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Document Created: 2018-02-09 13:16:32
Document Modified: 2018-02-09 13:16:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Any comments must arrive by October 13, 2016. | |
| Contact | Christine Vineyard, EPA Region IX, (415) 947-4125, [email protected] | |
| FR Citation | 81 FR 62849 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements |
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