81 FR 86662 - Approval of California Air Plan Revisions, Yolo-Solano Air Quality Management District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 231 (December 1, 2016)
Federal Register Volume 81, Issue 231 (December 1, 2016)
| Page Range | 86662-86664 | |
| FR Document | 2016-28741 |
[Federal Register Volume 81, Number 231 (Thursday, December 1, 2016)] [Proposed Rules] [Pages 86662-86664] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28741] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2016-0245; FRL-9955-60-Region 9] Approval of California Air Plan Revisions, Yolo-Solano Air Quality Management District AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the Yolo-Solano Air Quality Management District (YSAQMD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOCs) and particulate matter (PM) from confined animal facilities (CAFs). 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 3, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09- OAR-2016-0245 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: Nancy Levin, EPA Region IX, (415) 972- 3848, [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. 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 Resourced Board (CARB). Table 1--Submitted Rule ---------------------------------------------------------------------------------------------------------------- Local agency Rule No. Rule title Adopted Submitted ---------------------------------------------------------------------------------------------------------------- YSAQMD............................ 11.2 Confined Animal 06/14/06 10/05/2006 Facilities Permit Program. ---------------------------------------------------------------------------------------------------------------- [[Page 86663]] On October 24, 2006, the EPA determined that the submittal for YSAQMD Rule 11.2 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 11.2 in the SIP. C. What is the purpose of the submitted rule? VOCs help 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 VOC emissions. PM, including PM equal to or less than 2.5 microns in diameter (PM2.5 ) and 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. This rule prohibits any person from operating a CAF without first obtaining a ``CAF Permit'' from the YSAQMD Air Pollution Control Officer (APCO). The rule defines a CAF as a ``facility where animals are corralled, penned, or otherwise caused to remain in restricted areas for commercial purposes and primarily fed by means other than grazing.'' \1\ The rule exempts a CAF from permit requirements if it does not meet the definition of a large CAF (LCAF).\2\ The rule defines a LCAF as a CAF that meets or exceeds a threshold of 1,000 milking cows per dairy, 3,500 beef cattle per beef feedlot, 7,500 ``other cattle'' \3\ per facility, 100,000 turkeys per facility, 650,000 chickens per facility or 3,000 swine per facility.\4\ The permit application must contain an emissions mitigation plan that implements best available retrofit control technology (BARCT) for existing CAFs and best available control technology (BACT) for new facilities, as applicable. The rule does not include specific measures that the CAF may or must use to implement BARCT or BACT. The EPA's technical support document (TSD) has more information about this rule. --------------------------------------------------------------------------- \1\ See YSAQMD Rule 11.2, section 206 ``Confined Animal Facility (CAF).'' \2\ See YSAQMD Rule 11.2, sections 103 ``Exemptions'' and 211 ``Large Confined Animal Facility.'' All CAFs must comply with section 502 ``Number of Animals--Exemption Demonstration,'' which requires the owner or operator of any CAF that exceeds 50 percent of the large CAF (LCAF) threshold to maintain records demonstrating that the CAF meets the exemption criteria of the rule. Rule 11.2 also exempts a CAF if it is subject to YSAQMD Rule 3.8 ``Federal Operating Permits.'' See Rule 11.2 section 103. \3\ ``Other Cattle'' includes heifers and calves. \4\ See YSAQMD Rule 11.2, section 211. This section also includes LCAF thresholds for sheep, lamb or goat CAFs (15,000 head), horse CAFs (2,500 head), duck CAFs (650,000 head), and CAFs for any other type of livestock not listed (30,000 head). --------------------------------------------------------------------------- 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). Guidance and policy documents that we use to evaluate enforceability and revision/relaxation requirements for the applicable criteria pollutants include the following: 1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,'' EPA, May 25, 1988 (the ``Bluebook,'' revised January 11, 1990). 2. ``Guidance Document for Correcting Common VOC & Other Rule Deficiencies,'' EPA Region 9, August 21, 2001 (the ``Little Bluebook''). B. Does the rule meet the evaluation criteria? We believe this rule is consistent with CAA requirements and relevant guidance regarding enforceability and SIP revisions. The submitted rule strengthens the SIP by establishing a permit program for CAFs and by prohibiting any person from operating a CAF without first obtaining a CAF permit from the APCO. The CAF permit application must include an emissions mitigation plan. 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 the local agency modifies the rule. D. 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 we believe it fulfills all relevant requirements. We will accept comments from the public on this proposal until January 3, 2017. Unless we receive convincing new information during the comment period, we intend to publish a final approval action that 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 YSAQMD rule as 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 (Public Law 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); [[Page 86664]] 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, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: November 14, 2016. Alexis Strauss, Acting Regional Administrator, Region IX. [FR Doc. 2016-28741 Filed 11-30-16; 8:45 am] BILLING CODE 6560-50-P
![86662 Federal Register / Vol. 81, No. 231 / Thursday, December 1, 2016 / Proposed Rules
chapter, a database that does not consist PART 202—PREREGISTRATION AND comments submitted at Regulations.gov,
predominantly of photographs REGISTRATION OF CLAIMS TO follow the online instructions for
registered under § 202.3(b)(5) of this COPYRIGHT submitting comments. Once submitted,
chapter, or a renewal registration, an comments cannot be removed or edited
■ 4. The authority citation for part 202 from Regulations.gov. For either manner
applicant must complete and submit a
continues to read as follows: of submission, the EPA may publish any
paper application using Form CA.
Authority: 17 U.S.C. 408(f), 702. comment received to its public docket.
(4) Before submitting the application,
Do not submit electronically any
the applicant must sign a certification § 202.3 Registration of copyright. information you consider to be
stating that the applicant reviewed a ■ 5. Amend § 202.3 as follows: Confidential Business Information (CBI)
copy of the certificate of registration for ■ a. In paragraph (b)(11)(iii), remove the or other information whose disclosure is
the basic registration that will be phrase ‘‘by that applicant; and’’ and add restricted by statute. Multimedia
corrected or amplified by the in its place ‘‘by that applicant.’’ submissions (audio, video, etc.) must be
supplementary registration. To obtain a ■ b. Remove paragraph (b)(11)(iv). accompanied by a written comment.
copy of the certificate, the applicant Dated: November 22, 2016. The written comment is considered the
may submit a written request to the Sarang V. Damle, official comment and should include
Records Research and Certification General Counsel and Associate Register of discussion of all points you wish to
Section using the procedure set forth in Copyrights. make. The EPA will generally not
Chapter 2400 of the Compendium of [FR Doc. 2016–28701 Filed 11–30–16; 8:45 am] consider comments or comment
U.S. Copyright Office Practices, Third BILLING CODE 1410–30–P
contents located outside of the primary
Edition. submission (i.e. on the web, cloud, or
(5) The appropriate filing fee, as other file sharing system). For
required by § 201.3(c), must be included additional submission methods, please
ENVIRONMENTAL PROTECTION
with the application or charged to an contact the person identified in the FOR
AGENCY
FURTHER INFORMATION CONTACT section.
active deposit account. At the Office’s
40 CFR Part 52 For the full EPA public comment policy,
discretion, the applicant may be
information about CBI or multimedia
required to pay an additional fee to [EPA–R09–OAR–2016–0245; FRL–9955–60– submissions, and general guidance on
make a copy of the certificate of Region 9] making effective comments, please visit
registration for the basic registration that http://www2.epa.gov/dockets/
will be corrected or amplified by the Approval of California Air Plan
commenting-epa-dockets.
supplementary registration. Revisions, Yolo-Solano Air Quality
Management District FOR FURTHER INFORMATION CONTACT:
(6) Copies, phonorecords, or Nancy Levin, EPA Region IX, (415) 972–
supporting documents cannot be made AGENCY: Environmental Protection 3848, levin.nancy@epa.gov.
part of the record for a supplementary Agency (EPA). SUPPLEMENTARY INFORMATION:
registration and should not be submitted ACTION: Proposed rule. Throughout this document, ‘‘we,’’ ‘‘us’’
with the application. and ‘‘our’’ refer to the EPA.
SUMMARY: The Environmental Protection
(f) Effect of supplementary Table of Contents
Agency (EPA) is proposing to approve a
registration. (1) When the Copyright
revision to the Yolo-Solano Air Quality I. The State’s Submittal
Office completes a supplementary
Management District (YSAQMD) A. What rule did the State submit?
registration, it will issue a certificate of portion of the California State B. Are there other versions of this rule?
supplementary registration bearing a Implementation Plan (SIP). This C. What is the purpose of the submitted
new registration number in the revision concerns emissions of volatile rule?
appropriate class. The Office will cross- organic compounds (VOCs) and II. The EPA’s Evaluation and Action
reference the records for the basic particulate matter (PM) from confined A. How is the EPA evaluating the rule?
registration and the supplementary B. Does the rule meet the evaluation
animal facilities (CAFs). We are
registration by placing a note in each criteria?
proposing to approve a local rule to C. EPA Recommendations To Further
record that identifies the registration regulate these emission sources under Improve the Rule
number and effective date of registration the Clean Air Act (CAA or the Act). We D. Public Comment and Proposed Action
for the related registration. are taking comments on this proposal III. Incorporation by Reference
(2) As provided in section 408(d) of and plan to follow with a final action. IV. Statutory and Executive Order Reviews
title 17 of the United States Code, the DATES: Any comments must arrive by I. The State’s Submittal
information contained in a January 3, 2017.
supplementary registration augments ADDRESSES: Submit your comments,
A. What rule did the State submit?
but does not supersede that contained in identified by Docket ID No. EPA–R09– Table 1 lists the rule addressed by this
the basic registration. The basic OAR–2016–0245 at http:// proposal with the dates that it was
registration will not be expunged or www.regulations.gov, or via email to adopted by the local air agency and
cancelled. Andrew Steckel, Rulemaking Office submitted by the California Air
jstallworth on DSK7TPTVN1PROD with PROPOSALS
Chief at Steckel.Andrew@epa.gov. For Resourced Board (CARB).
TABLE 1—SUBMITTED RULE
Local agency Rule No. Rule title Adopted Submitted
YSAQMD ................................ 11.2 Confined Animal Facilities Permit Program ........................... 06/14/06 10/05/2006
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![86664 Federal Register / Vol. 81, No. 231 / Thursday, December 1, 2016 / Proposed Rules
• Is not a significant regulatory action (KDAQ), in relation to attainment of the submissions, and general guidance on
subject to Executive Order 13211 (66 FR 2010 Sulfur Dioxide (SO2) national making effective comments, please visit
28355, May 22, 2001); ambient air quality standards (NAAQS) http://www2.epa.gov/dockets/
• Is not subject to requirements of for the Kentucky portion of the commenting-epa-dockets.
section 12(d) of the National Campbell-Clermont, Kentucky-Ohio FOR FURTHER INFORMATION CONTACT:
Technology Transfer and Advancement 2010 1-hour SO2 nonattainment area Steven Scofield of the Air Regulatory
Act of 1995 (15 U.S.C. 272 note) because (hereafter referred to as the ‘‘Campbell- Management Section, Air Planning and
application of those requirements would Clermont, KY-OH Area’’ or ‘‘Area’’). On Implementation Branch, Air, Pesticides
be inconsistent with the Clean Air Act; March 31, 2015, KDAQ submitted a and Toxics Management Division, U.S.
and request for EPA to determine that the Environmental Protection Agency,
• Does not provide EPA with the Campbell-Clermont, KY-OH Area Region 4, 61 Forsyth Street SW.,
discretionary authority to address attained the 2010 1-hour SO2 NAAQS Atlanta, Georgia 30303–8960. Mr.
disproportionate human health or per EPA’s ‘‘Clean Data Policy.’’ Scofield may be reached by phone at
environmental effects with practical, Subsequently, on February 22, 2016, (404) 562–9034 or via electronic mail at
appropriate, and legally permissible KDAQ submitted a request for EPA to scofield.steve@epa.gov.
methods under Executive Order 12898 redesignate the Campbell County SUPPLEMENTARY INFORMATION:
(59 FR 7629, February 16, 1994). portion of Kentucky that is within the
In addition, the SIP is not approved Campbell-Clermont, KY-OH Area to Table of Contents
to apply on any Indian reservation land attainment for the 2010 1-hour SO2 I. What are the actions EPA is proposing to
or in any other area where the EPA or NAAQS, and to approve a State take?
an Indian tribe has demonstrated that a Implementation Plan (SIP) revision II. What is the background for EPA’s
tribe has jurisdiction. In those areas of containing a maintenance plan, base proposed actions?
year inventory, and reasonably available III. What are the criteria for redesignation?
Indian country, the rule does not have IV. Why is EPA proposing these actions?
tribal implications and will not impose control measures (RACM) determination
V. What is EPA’s analysis of the
substantial direct costs on tribal for the Kentucky portion of the Area. redesignation request and SIP revisions?
governments or preempt tribal law as EPA is proposing to approve the VI. What is the effect of EPA’s proposed
specified by Executive Order 13175 (65 Commonwealth’s RACM determination actions?
FR 67249, November 9, 2000). and incorporate it into the SIP; to VII. Proposed Actions
approve the base year emissions VIII. Statutory and Executive Order Reviews
List of Subjects in 40 CFR Part 52 inventory for the Kentucky portion of I. What are the actions EPA is
Environmental protection, Air the Area and incorporate it into the SIP; proposing to take?
pollution control, Incorporation by to approve the Commonwealth’s request
for a clean data determination; to EPA is proposing to take the following
reference, Intergovernmental relations,
approve the Commonwealth’s plan for five separate but related actions
Ozone, Particulate matter, Reporting
maintaining attainment of the 2010 1- regarding Kentucky’s aforementioned
and recordkeeping requirements,
hour SO2 NAAQS and incorporate it requests and SIP submission: (1) To
Volatile organic compounds.
into the SIP; and to redesignate the approve Kentucky’s RACM
Authority: 42 U.S.C. 7401 et seq. determination for the Kentucky portion
Kentucky portion of the Area to
Dated: November 14, 2016. attainment for the 2010 1-hour SO2 of the Campbell-Clermont, KY-OH Area
Alexis Strauss, NAAQS. pursuant to Clean Air Act (CAA or Act)
Acting Regional Administrator, Region IX. section 172(c)(1) and incorporate it into
DATES: Comments must be received on the SIP; (2) to approve the base year
[FR Doc. 2016–28741 Filed 11–30–16; 8:45 am] or before January 3, 2017. emissions inventory for the 2010 1-hour
BILLING CODE 6560–50–P
ADDRESSES: Submit your comments, SO2 NAAQS for the Kentucky portion of
identified by Docket ID No. EPA–R04– the Area pursuant to CAA section
OAR–2016–0361 at http:// 172(c)(3) and incorporate it into the SIP;
ENVIRONMENTAL PROTECTION
www.regulations.gov. Follow the online (3) to approve the Commonwealth’s
AGENCY
instructions for submitting comments. March 31, 2015, request for EPA to
40 CFR Parts 52 and 81 Once submitted, comments cannot be determine that the Area attained the
edited or removed from Regulations.gov. 2010 1-hour SO2 NAAQS per EPA’s
[EPA–R04–OAR–2016–0361; FRL–9955–80– EPA may publish any comment received ‘‘Clean Data Policy;’’ (4) to approve
Region 4] to its public docket. Do not submit Kentucky’s plan for maintaining the
electronically any information you 2010 1-hour SO2 NAAQS (maintenance
Air Plan Approval and Designation of
consider to be Confidential Business plan) in the Area and incorporate it into
Areas; KY; Redesignation of the
Information (CBI) or other information the SIP; and (5) to redesignate the
Campbell County, 2010 1-Hour Sulfur
whose disclosure is restricted by statute. Kentucky portion of the Campbell-
Dioxide Nonattainment Area to
Multimedia submissions (audio, video, Clermont, KY-OH Area to attainment for
Attainment
etc.) must be accompanied by a written the 2010 1-hour SO2 NAAQS. The
AGENCY: Environmental Protection comment. The written comment is Campbell-Clermont, KY-OH Area
Agency. considered the official comment and consists of a portion of Campbell
should include discussion of all points County in Kentucky and a portion of
jstallworth on DSK7TPTVN1PROD with PROPOSALS
ACTION: Proposed rule.
you wish to make. EPA will generally Clermont County in Ohio.1 These
SUMMARY: The Environmental Protection not consider comments or comment proposed actions are summarized below
Agency (EPA) is proposing to approve contents located outside of the primary
two separate but related submissions submission (i.e., on the web, cloud, or 1 The Kentucky portion of the Area emits less
(one of which includes multiple other file sharing system). For than nine tons of total SO2 emissions per year, but
it contains the SO2 monitor that violated the SO2
components) provided by the additional submission methods, the full standard in 2011. The Ohio portion of the Area
Commonwealth of Kentucky, through EPA public comment policy, contains the Walter C. Beckjord power plant
the Kentucky Division of Air Quality information about CBI or multimedia (Beckjord Facility) which shut down in 2014.
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Document Created: 2018-02-14 09:00:53
Document Modified: 2018-02-14 09:00:53
| 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 January 3, 2017. | |
| Contact | Nancy Levin, EPA Region IX, (415) 972- 3848, [email protected] | |
| FR Citation | 81 FR 86662 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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