81 FR 63732 - Approval of California Air Plan Revisions, South Coast Air Quality Management District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 180 (September 16, 2016)
Federal Register Volume 81, Issue 180 (September 16, 2016)
| Page Range | 63732-63734 | |
| FR Document | 2016-22388 |
[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)] [Proposed Rules] [Pages 63732-63734] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-22388] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2016-0444; FRL-9952-48-Region 9] Approval of California Air Plan Revisions, 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 South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). These revisions concern emissions of oxides of nitrogen (NOX ) from ovens, dryers, dehydrators, heaters, kilns, calciners, furnaces, crematories, incinerators, heated pots, cookers, roasters, smokers, fryers, closed and open heated tanks and evaporators, distillation units, afterburners, degassing units, vapor incinerators, catalytic or thermal oxidizers, soil and water remediation units, and other combustion equipment. 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 October 17, 2016. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09- OAR-2016-0444 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: Nicole Law, EPA Region IX, (415) 947- 4126, [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 rules and 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. EPA Recommendations to Further Improve the Rules D. 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 action with the dates that they were adopted by the local air agency and submitted by the California Air Resources Board (CARB). Table 1--Submitted Rules ---------------------------------------------------------------------------------------------------------------- Adopted/ Local agency Rule # Rule title amended Submitted ---------------------------------------------------------------------------------------------------------------- SCAQMD......................... 1147 NOX Reductions from 09/09/2011 02/06/2013 Miscellaneous Sources. SCAQMD......................... 1153.1 Emissions of Oxides of Nitrogen 09/07/2014 04/07/2015 from Commercial Food Ovens. ---------------------------------------------------------------------------------------------------------------- On April 9, 2013 and April 30, 2015, the EPA determined that the submittals for SCAQMD Rule 1147 and SCAQMD Rule 1153.1 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? There are no previous versions of Rule 1153.1. We approved an earlier version of Rule 1147 into the SIP on August 4, 2010 (75 FR 46845). C. What is the purpose of the submitted rules and rule revisions? NOX helps produce ground-level ozone, smog and PM, which harm human health and the environment. Section 110(a) of the CAA requires States to submit regulations that control NOX emissions. The revisions made to SCAQMD Rule 1147 are administrative amendments that delay compliance dates. SCAQMD Rule 1153.1 is a new rule that carves out the category of commercial food ovens from Rule 1147. Rule 1153.1 delays compliance and contains different NOX emission limits than were required under rule 1147. 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). Generally, SIP rules must require Reasonably Available Control Technology (RACT) for each major source of NOX in ozone nonattainment areas classified as moderate or above (see CAA sections 182(b)(2) and 182(f)). The SCAQMD regulates an ozone nonattainment area classified as extreme for the 1-hour ozone standard, the 8-hour 1997 ozone standard, and the 8-hour 2008 ozone standard (40 CFR [[Page 63733]] 81.305). Therefore, these rules must implement RACT. Additionally, SIP rules must implement Best Available Control Measures (BACM), including Best Available Control Technology (BACT), in serious PM2.5 nonattainment areas (see CAA section 189(b)(1)(B)). The SCAQMD regulates a PM2.5 nonattainment area classified as serious for the 2006 24-hr PM2.5 standard. (40 CFR 81.305.) Therefore, although these rules must implement BACM and BACT, the BACM and BACT evaluation is generally performed in context of a broader plan and is not part of this rule evaluation. 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; 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. ``NOX Emissions from Industrial/Commercial/ Institutional (ICI) Boilers,'' EPA, March 1994, (EPA-453/R-94-022, March 1994). 6. ``Determination of Reasonably Available Control Technology and Best Available Retrofit Control Technology for Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters,'' CARB, July 18, 1991. B. Do the rules meet the evaluation criteria? We believe these rules are consistent with CAA requirements and relevant guidance regarding enforceability, RACT and SIP revisions. SCAQMD previously adopted stringent future-effective emission limits that had not been widely implemented for all affected sources. SCAQMD intended to encourage wider adoption of low-emitting technology, but understood that some sources might not be able to comply on schedule for these and similar future-effective limits in other rules. As a result, SCAQMD did not take credit for (``set aside'') some emission reductions in certain attainment demonstrations. SCAQMD subsequently determined that some sources cannot comply with Rules 1147 and 1153.1 on schedule despite reasonable efforts and therefore delayed certain compliance dates. We do not believe that these changes impact the 2015 impracticability demonstration for the 2006 NAAQS for PM2.5 , the 2022 attainment demonstration for 1-hour ozone, or the 2023 attainment demonstration for the 1997 8-hour ozone standard because the forgone emission reductions are less than a one ton per day set aside by SCAQMD in their 2014 inventory used to model attainment and beyond 2020 there are no emissions forgone due to the rule amendments. The TSDs have more information on our evaluation. C. EPA Recommendations to Further Improve the Rules The TSDs describe additional rule revisions that we recommend for the next time the local agency modifies the rules 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, the EPA proposes to fully approve the submitted rules because we believe they fulfill all relevant requirements. We will accept comments from the public on this proposal until October 17, 2016. If we take final action to approve the submitted rules, our final action will incorporate these rules 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 SCAQMD rules 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, 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. [[Page 63734]] Dated: August 24, 2016. Alexis Strauss, Acting Regional Administrator, Region IX. [FR Doc. 2016-22388 Filed 9-15-16; 8:45 am] BILLING CODE 6560-50-P
![63732 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Proposed Rules
impractical for the purpose of port catalytic or thermal oxidizers, soil and contact the person identified in the FOR
security, safety, or environmental safety. water remediation units, and other FURTHER INFORMATION CONTACT section.
Dated: September 12, 2016. combustion equipment. We are For the full EPA public comment policy,
A.J. Gould,
proposing to approve local rules to information about CBI or multimedia
regulate these emission sources under submissions, and general guidance on
Captain, U.S. Coast Guard, Acting
the Clean Air Act (CAA or the Act). We making effective comments, please visit
Commander, Seventh Coast Guard District.
are taking comments on this proposal http://www2.epa.gov/dockets/
[FR Doc. 2016–22280 Filed 9–15–16; 8:45 am]
and plan to follow with a final action. commenting-epa-dockets.
BILLING CODE 9110–04–P
DATES: Any comments must arrive by
FOR FURTHER INFORMATION CONTACT:
October 17, 2016.
Nicole Law, EPA Region IX, (415) 947–
ADDRESSES: Submit your comments, 4126, law.nicole@epa.gov.
ENVIRONMENTAL PROTECTION
identified by Docket ID No. EPA–R09–
AGENCY SUPPLEMENTARY INFORMATION:
OAR–2016–0444 at http://
www.regulations.gov, or via email to Throughout this document, ‘‘we,’’ ‘‘us’’
40 CFR Part 52
Andrew Steckel, Rulemaking Office and ‘‘our’’ refer to the EPA.
[EPA–R09–OAR–2016–0444; FRL–9952–48– Chief at steckel.andrew@epa.gov. For
Region 9] Table of Contents
comments submitted at Regulations.gov,
follow the online instructions for I. The State’s Submittal
Approval of California Air Plan A. What rules did the State submit?
submitting comments. Once submitted,
Revisions, South Coast Air Quality comments cannot be removed or edited B. Are there other versions of these rules?
Management District from Regulations.gov. For either manner C. What is the purpose of the submitted
rules and rule revisions?
AGENCY: Environmental Protection of submission, the EPA may publish any
II. The EPA’s Evaluation and Action
Agency (EPA). comment received to its public docket. A. How is the EPA evaluating the rules?
ACTION: Proposed rule. Do not submit electronically any B. Do the rules meet the evaluation
information you consider to be criteria?
SUMMARY: The Environmental Protection Confidential Business Information (CBI) C. EPA Recommendations to Further
Agency (EPA) is proposing to approve or other information whose disclosure is Improve the Rules
revisions to the South Coast Air Quality restricted by statute. Multimedia D. Public Comment and Proposed Action
Management District (SCAQMD) portion submissions (audio, video, etc.) must be III. Incorporation by Reference
of the California State Implementation accompanied by a written comment. IV. Statutory and Executive Order Reviews
Plan (SIP). These revisions concern The written comment is considered the
emissions of oxides of nitrogen (NOX) official comment and should include I. The State’s Submittal
from ovens, dryers, dehydrators, discussion of all points you wish to A. What rules did the State submit?
heaters, kilns, calciners, furnaces, make. The EPA will generally not
crematories, incinerators, heated pots, consider comments or comment Table 1 lists the rules addressed by
cookers, roasters, smokers, fryers, closed contents located outside of the primary this action with the dates that they were
and open heated tanks and evaporators, submission (i.e. on the Web, cloud, or adopted by the local air agency and
distillation units, afterburners, other file sharing system). For submitted by the California Air
degassing units, vapor incinerators, additional submission methods, please Resources Board (CARB).
TABLE 1—SUBMITTED RULES
Adopted/
Local agency Rule # Rule title Submitted
amended
SCAQMD ........... 1147 NOX Reductions from Miscellaneous Sources ............................................ 09/09/2011 02/06/2013
SCAQMD ........... 1153.1 Emissions of Oxides of Nitrogen from Commercial Food Ovens ............... 09/07/2014 04/07/2015
On April 9, 2013 and April 30, 2015, Section 110(a) of the CAA requires interfere with applicable requirements
the EPA determined that the submittals States to submit regulations that control concerning attainment and reasonable
for SCAQMD Rule 1147 and SCAQMD NOX emissions. The revisions made to further progress or other CAA
Rule 1153.1 met the completeness SCAQMD Rule 1147 are administrative requirements (see CAA section 110(l)),
criteria in 40 CFR part 51 Appendix V, amendments that delay compliance and must not modify certain SIP control
which must be met before formal EPA dates. SCAQMD Rule 1153.1 is a new requirements in nonattainment areas
review. rule that carves out the category of without ensuring equivalent or greater
commercial food ovens from Rule 1147. emissions reductions (see CAA section
B. Are there other versions of these 193).
Rule 1153.1 delays compliance and
rules? Generally, SIP rules must require
contains different NOX emission limits
There are no previous versions of than were required under rule 1147. The Reasonably Available Control
Rule 1153.1. We approved an earlier EPA’s technical support documents Technology (RACT) for each major
version of Rule 1147 into the SIP on source of NOX in ozone nonattainment
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(TSDs) have more information about
August 4, 2010 (75 FR 46845). these rules. areas classified as moderate or above
(see CAA sections 182(b)(2) and 182(f)).
C. What is the purpose of the submitted II. The EPA’s Evaluation and Action The SCAQMD regulates an ozone
rules and rule revisions? nonattainment area classified as extreme
A. How is the EPA evaluating the rules?
NOX helps produce ground-level for the 1-hour ozone standard, the 8-
ozone, smog and PM, which harm SIP rules must be enforceable (see hour 1997 ozone standard, and the 8-
human health and the environment. CAA section 110(a)(2)), must not hour 2008 ozone standard (40 CFR
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![63734 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Proposed Rules
Dated: August 24, 2016. DATES: Written comments must be and Toxics Management Division, U.S.
Alexis Strauss, received on or before October 17, 2016. Environmental Protection Agency,
Acting Regional Administrator, Region IX. ADDRESSES: Submit your comments, Region 4, 61 Forsyth Street SW.,
[FR Doc. 2016–22388 Filed 9–15–16; 8:45 am] identified by Docket ID No. EPA–R04– Atlanta, Georgia 30303–8960. Mr.
BILLING CODE 6560–50–P OAR–2016–0473 at http:// Lakeman can be reached by phone at
www.regulations.gov. Follow the online (404) 562–9043 or via electronic mail at
instructions for submitting comments. lakeman.sean@epa.gov.
ENVIRONMENTAL PROTECTION Once submitted, comments cannot be
AGENCY edited or removed from Regulations.gov. SUPPLEMENTARY INFORMATION: In the
EPA may publish any comment received Rules and Regulations section of this
40 CFR Part 52 to its public docket. Do not submit Federal Register, EPA is approving the
electronically any information you State’s implementation plan revision as
[EPA–R04–OAR–2016–0473; FRL–9952–29–
Region 4] consider to be Confidential Business a direct final rule without prior proposal
Information (CBI) or other information because the Agency views this as a
Air Plan Approval; Alabama: Volatile whose disclosure is restricted by statute. noncontroversial submittal and
Organic Compounds Multimedia submissions (audio, video, anticipates no adverse comments. A
etc.) must be accompanied by a written detailed rationale for the approval is set
AGENCY: Environmental Protection forth in the direct final rule. If no
comment. The written comment is
Agency (EPA). adverse comments are received in
considered the official comment and
ACTION: Proposed rule. response to this rule, no further activity
should include discussion of all points
SUMMARY: The Environmental Protection you wish to make. EPA will generally is contemplated. If EPA receives adverse
Agency (EPA) is proposing to approve a not consider comments or comment comments, the direct final rule will be
portion of a revision to the Alabama contents located outside of the primary withdrawn and all public comments
State Implementation Plan submitted by submission (i.e. on the web, cloud, or received will be addressed in a
the Alabama Department of other file sharing system). For subsequent final rule based on this
Environmental Management on May 8, additional submission methods, the full proposed rule. EPA will not institute a
2013. The revision modifies the EPA public comment policy, second comment period on this
definition of ‘‘volatile organic information about CBI or multimedia document. Any parties interested in
compounds’’ (VOC). Specifically, the submissions, and general guidance on commenting on this document should
revision adds one compound to the list making effective comments, please visit do so at this time.
of those excluded from the VOC http://www2.epa.gov/dockets/
Dated: September 2, 2016.
definition on the basis that this commenting-epa-dockets.
V. Anne Heard,
compound makes a negligible FOR FURTHER INFORMATION CONTACT:
contribution to tropospheric ozone Sean Lakeman, Air Regulatory Acting Regional Administrator, Region 4.
formation. This action is being taken Management Section, Air Planning and [FR Doc. 2016–22218 Filed 9–15–16; 8:45 am]
pursuant to the Clean Air Act. Implementation Branch, Air, Pesticides BILLING CODE 6560–50–P
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VerDate Sep<11>2014 13:06 Sep 15, 2016 Jkt 238001 PO 00000 Frm 00017 Fmt 4702 Sfmt 9990 E:\FR\FM\16SEP1.SGM 16SEP1](https://thefederalregister.org/doc/81_FR_63912/page/3.svg)
Document Created: 2016-09-16 00:25:46
Document Modified: 2016-09-16 00:25:46
| 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 17, 2016. | |
| Contact | Nicole Law, EPA Region IX, (415) 947- 4126, [email protected] | |
| FR Citation | 81 FR 63732 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone and Reporting and Recordkeeping Requirements |
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