81_FR_89261 81 FR 89024 - Approval of California Air Plan Revisions, Imperial County Air Pollution Control District

81 FR 89024 - Approval of California Air Plan Revisions, Imperial County Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 237 (December 9, 2016)

Page Range89024-89026
FR Document2016-29594

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Imperial County Air Pollution Control District (ICAPCD) portion of the California State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOCs) and particulate matter (PM) from large confined animal facilities (LCAFs). We are proposing to approve local rules to regulate these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

Federal Register, Volume 81 Issue 237 (Friday, December 9, 2016)
[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Proposed Rules]
[Pages 89024-89026]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29594]



[[Page 89024]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0318; FRL-9956-25-Region 9]


Approval of California Air Plan Revisions, Imperial County Air 
Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Imperial County Air Pollution Control District 
(ICAPCD) portion of the California State Implementation Plan (SIP). 
These revisions concern emissions of volatile organic compounds (VOCs) 
and particulate matter (PM) from large confined animal facilities 
(LCAFs). 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 January 9, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0318 at http://www.regulations.gov, or via email to 
[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 rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules or 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 proposal 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
----------------------------------------------------------------------------------------------------------------
           Local agency                Rule No.              Rule title               Amended        Submitted
----------------------------------------------------------------------------------------------------------------
ICAPCD............................             217  Large Confined Animal             02/09/2016      04/21/2016
                                                     Facilities (LCAF) Permits
                                                     Required.
ICAPCD............................             101  Definitions.................      02/09/2016      04/21/2016
ICAPCD............................             202  Exemptions..................      02/09/2016      04/21/2016
----------------------------------------------------------------------------------------------------------------

    On May 18, 2016, the EPA determined that the submittal for ICAPCD 
Rules 217, 101 and 202 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 217 in the SIP, although the 
ICAPCD adopted an earlier version of Rule 217 on October 10, 2006, and 
CARB submitted it to us on August 24, 2007. CARB withdrew this version 
of Rule 217 on May 17, 2011. We approved earlier versions of Rules 101 
and 202 into the SIP on October 2, 2014 (79 FR 59433) and May 9, 2011 
(76 FR 26615), respectively. 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 rules or rule revisions?

    VOCs contribute to the production of 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. These rules also help to control ammonia, which contributes 
to PM formation.
    Rule 217 is designed to limit VOC and ammonia emissions from LCAFs, 
including dairies, beef feedlots, poultry houses, swine facilities and 
other confined animal facilities. The rule applies to operations at or 
above certain size thresholds specified in the rule.\1\ These 
operations must obtain an ICAPCD permit, submit an emissions mitigation 
plan and implement mitigation measures. Rule 217 lists mitigation 
measure requirements for each type of LCAF. The measures are grouped 
into categories.\2\ The LCAF owner/operator must implement the

[[Page 89025]]

requirements within each category.\3\ Rules 101--Definitions, and 202--
Exemptions, were revised to be consistent with the LCAF thresholds for 
dairy cows, chicken and ducks established in Rule 217.
---------------------------------------------------------------------------

    \1\ Table 1 of Rule 217 provides large confined animal facility 
(LCAF) thresholds for each type of livestock for which the rule 
applies. For example, the beef feedlot LCAF threshold is 3,500 beef 
cattle, the dairy LCAF threshold is 500 milking cows, and the 
poultry LCAF threshold is 400,000 chickens or ducks.
    \2\ For example, the mitigation measure requirements for beef 
feedlots are grouped into the following categories: A. Feed, B. 
Silage, C. Housing, D. Solid Manure/Separated Solids, E. Liquid 
Manure and F. Land Application.
    \3\ For example, Rule 217 Table 2.1 (C. Housing) states ``An 
owner/operator of a beef feedlot CAF shall implement mitigation 
measures 1, 2, 3, and 4 and at least one (1) additional mitigation 
measure in each of the animal housing structures (e.g., each corral, 
etc.):'' and lists the mitigation measures below, numbered 1-7.
---------------------------------------------------------------------------

    The EPA's technical support document (TSD) has 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 category of sources covered by a Control 
Techniques Guidelines (CTG) document, and for each non-CTG major source 
of VOCs in ozone nonattainment areas classified as moderate or above 
(see CAA section 182(b)(2)). The ICAPCD regulates sources in an ozone 
nonattainment area classified as moderate for the 1997 and the 2008 8-
hour ozone standards (40 CFR 81.305). Therefore, we are evaluating 
whether this rule implements RACT-level controls for this area source 
category. Rules 101 and 202 support the requirements in Rule 217 but do 
not contain emission limitations directly, so we are not evaluating 
them for rule stringency.
    Generally, SIP rules must also implement Reasonably Available 
Control Measures (RACM), including RACT, in moderate PM2.5 
nonattainment areas (see CAA sections 172(c)(1) and 189(a)(1)(C)). The 
ICAPCD regulates sources in a PM2.5 nonattainment area 
classified as moderate for the 2006 24-hour and the 2012 annual 
standards. (40 CFR 81.305). RACM evaluations are generally performed in 
context of a broader implementation plan. Therefore, we are not 
proposing to determine whether this rule fulfills RACM requirements at 
this time, although we did evaluate Rule 217 with respect to RACT-level 
controls in the TSD.
    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 PM-10 Nonattainment 
Areas, and Attainment Date Waivers for PM-10 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).

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. The 
TSD has more information on our evaluation.

C. EPA Recommendations To Further Improve the Rules

    The TSD describes additional rule revisions that we recommend for 
the next time the local agency modifies the rules.

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 January 9, 2017. Unless we receive convincing new 
information during the comment period, we intend to publish a final 
approval action that will incorporate these rules into the federally 
enforceable SIP.

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 ICAPCD 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 the EPA with the discretionary authority 
to address disproportionate human health or environmental effects with 
practical, appropriate and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land

[[Page 89026]]

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 21, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2016-29594 Filed 12-8-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                    89024                  Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Proposed Rules

                                                    ENVIRONMENTAL PROTECTION                                     ADDRESSES:   Submit your comments,                                         making effective comments, please visit
                                                    AGENCY                                                       identified by Docket ID No. EPA–R09–                                       http://www2.epa.gov/dockets/
                                                                                                                 OAR–2016–0318 at http://                                                   commenting-epa-dockets.
                                                    40 CFR Part 52                                               www.regulations.gov, or via email to                                       FOR FURTHER INFORMATION CONTACT:
                                                                                                                 Steckel.Andrew@epa.gov. For comments                                       Nancy Levin, EPA Region IX, (415) 972–
                                                    [EPA–R09–OAR–2016–0318; FRL–9956–25–                         submitted at Regulations.gov, follow the                                   3848, levin.nancy@epa.gov.
                                                    Region 9]                                                    online instructions for submitting
                                                                                                                 comments. Once submitted, comments                                         SUPPLEMENTARY INFORMATION:
                                                    Approval of California Air Plan                              cannot be removed or edited from                                           Throughout this document, ‘‘we,’’ ‘‘us’’
                                                    Revisions, Imperial County Air                               Regulations.gov. For either manner of                                      and ‘‘our’’ refer to the EPA.
                                                    Pollution Control District                                   submission, the EPA may publish any                                        Table of Contents
                                                                                                                 comment received to its public docket.
                                                    AGENCY:  Environmental Protection                            Do not submit electronically any                                           I. The State’s Submittal
                                                    Agency (EPA).                                                information you consider to be                                                A. What rules did the State submit?
                                                    ACTION: Proposed rule.
                                                                                                                                                                                               B. Are there other versions of these rules?
                                                                                                                 Confidential Business Information (CBI)                                       C. What is the purpose of the submitted
                                                                                                                 or other information whose disclosure is                                         rules or rule revisions?
                                                    SUMMARY:   The Environmental Protection                      restricted by statute. Multimedia                                          II. The EPA’s Evaluation and Action
                                                    Agency (EPA) is proposing to approve                         submissions (audio, video, etc.) must be                                      A. How is the EPA evaluating the rules?
                                                    revisions to the Imperial County Air                         accompanied by a written comment.                                             B. Do the rules meet the evaluation
                                                    Pollution Control District (ICAPCD)                          The written comment is considered the                                            criteria?
                                                    portion of the California State                              official comment and should include                                           C. EPA Recommendations To Further
                                                    Implementation Plan (SIP). These                             discussion of all points you wish to                                             Improve the Rules
                                                    revisions concern emissions of volatile                      make. The EPA will generally not                                              D. Public Comment and Proposed Action
                                                    organic compounds (VOCs) and                                                                                                            III. Incorporation by Reference
                                                                                                                 consider comments or comment
                                                    particulate matter (PM) from large                                                                                                      IV. Statutory and Executive Order Reviews
                                                                                                                 contents located outside of the primary
                                                    confined animal facilities (LCAFs). We                       submission (i.e. on the web, cloud or                                      I. The State’s Submittal
                                                    are proposing to approve local rules to                      other file sharing system). For
                                                    regulate these emission sources under                                                                                                   A. What rules did the State submit?
                                                                                                                 additional submission methods, please
                                                    the Clean Air Act (CAA or the Act). We                       contact the person identified in the FOR                                     Table 1 lists the rules addressed by
                                                    are taking comments on this proposal                         FURTHER INFORMATION CONTACT section.                                       this proposal with the dates that they
                                                    and plan to follow with a final action.                      For the full EPA public comment policy,                                    were adopted by the local air agency
                                                    DATES: Any comments must arrive by                           information about CBI or multimedia                                        and submitted by the California Air
                                                    January 9, 2017.                                             submissions and general guidance on                                        Resources Board (CARB).

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

                                                    ICAPCD ............               217     Large Confined Animal Facilities (LCAF) Permits Required ........................                                   02/09/2016        04/21/2016
                                                    ICAPCD ............               101     Definitions .....................................................................................................   02/09/2016        04/21/2016
                                                    ICAPCD ............               202     Exemptions ...................................................................................................      02/09/2016        04/21/2016



                                                      On May 18, 2016, the EPA determined                        C. What is the purpose of the submitted                                    including dairies, beef feedlots, poultry
                                                    that the submittal for ICAPCD Rules                          rules or rule revisions?                                                   houses, swine facilities and other
                                                    217, 101 and 202 met the completeness                                                                                                   confined animal facilities. The rule
                                                                                                                   VOCs contribute to the production of
                                                    criteria in 40 CFR part 51 Appendix V,                                                                                                  applies to operations at or above certain
                                                                                                                 ground-level ozone, smog and PM,
                                                    which must be met before formal EPA                                                                                                     size thresholds specified in the rule.1
                                                                                                                 which harm human health and the
                                                    review.                                                                                                                                 These operations must obtain an
                                                                                                                 environment. Section 110(a) of the CAA
                                                                                                                 requires states to submit regulations that                                 ICAPCD permit, submit an emissions
                                                    B. Are there other versions of these
                                                                                                                 control VOC emissions. PM, including                                       mitigation plan and implement
                                                    rules?
                                                                                                                 PM equal to or less than 2.5 microns in                                    mitigation measures. Rule 217 lists
                                                      There are no previous versions of                          diameter (PM2.5) and PM equal to or less                                   mitigation measure requirements for
                                                    Rule 217 in the SIP, although the                            than 10 microns in diameter (PM10),                                        each type of LCAF. The measures are
                                                    ICAPCD adopted an earlier version of                         contributes to effects that are harmful to                                 grouped into categories.2 The LCAF
                                                    Rule 217 on October 10, 2006, and                            human health and the environment,                                          owner/operator must implement the
                                                    CARB submitted it to us on August 24,                        including premature mortality,
                                                    2007. CARB withdrew this version of                          aggravation of respiratory and                                                1 Table 1 of Rule 217 provides large confined
                                                    Rule 217 on May 17, 2011. We approved                        cardiovascular disease, decreased lung                                     animal facility (LCAF) thresholds for each type of
                                                    earlier versions of Rules 101 and 202                        function, visibility impairment, and                                       livestock for which the rule applies. For example,
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                                                    into the SIP on October 2, 2014 (79 FR                       damage to vegetation and ecosystems.                                       the beef feedlot LCAF threshold is 3,500 beef cattle,
                                                    59433) and May 9, 2011 (76 FR 26615),                        Section 110(a) of the CAA requires                                         the dairy LCAF threshold is 500 milking cows, and
                                                    respectively. While we can act on only                       states to submit regulations that control                                  the poultry LCAF threshold is 400,000 chickens or
                                                                                                                 PM emissions. These rules also help to                                     ducks.
                                                    the most recently submitted version, we                                                                                                    2 For example, the mitigation measure
                                                    have reviewed materials provided with                        control ammonia, which contributes to
                                                                                                                                                                                            requirements for beef feedlots are grouped into the
                                                    previous submittals.                                         PM formation.
                                                                                                                                                                                            following categories: A. Feed, B. Silage, C. Housing,
                                                                                                                   Rule 217 is designed to limit VOC and                                    D. Solid Manure/Separated Solids, E. Liquid
                                                                                                                 ammonia emissions from LCAFs,                                              Manure and F. Land Application.



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                                                                            Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Proposed Rules                                          89025

                                                    requirements within each category.3                       Guidance and policy documents that                  www.regulations.gov and at the EPA
                                                    Rules 101—Definitions, and 202—                         we use to evaluate enforceability,                    Region IX Office (please contact the
                                                    Exemptions, were revised to be                          revision/relaxation and rule stringency               person identified in the FOR FURTHER
                                                    consistent with the LCAF thresholds for                 requirements for the applicable criteria              INFORMATION CONTACT section of this
                                                    dairy cows, chicken and ducks                           pollutants include the following:                     preamble for more information).
                                                    established in Rule 217.                                  1. ‘‘State Implementation Plans;
                                                      The EPA’s technical support                           General Preamble for the                              IV. Statutory and Executive Order
                                                    document (TSD) has more information                     Implementation of Title I of the Clean                Reviews
                                                    about these rules.                                      Air Act Amendments of 1990,’’ 57 FR                      Under the Clean Air Act, the
                                                                                                            13498 (April 16, 1992); 57 FR 18070                   Administrator is required to approve a
                                                    II. The EPA’s Evaluation and Action
                                                                                                            (April 28, 1992).                                     SIP submission that complies with the
                                                    A. How is the EPA evaluating the rules?                   2. ‘‘Issues Relating to VOC Regulation              provisions of the Act and applicable
                                                       SIP rules must be enforceable (see                   Cutpoints, Deficiencies, and                          federal regulations. 42 U.S.C. 7410(k);
                                                    CAA section 110(a)(2)), must not                        Deviations,’’ EPA, May 25, 1988 (the                  40 CFR 52.02(a). Thus, in reviewing SIP
                                                    interfere with applicable requirements                  Bluebook, revised January 11, 1990).                  submissions, EPA’s role is to approve
                                                    concerning attainment and reasonable                      3. ‘‘Guidance Document for Correcting               state choices, provided that they meet
                                                    further progress or other CAA                           Common VOC & Other Rule                               the criteria of the Clean Air Act.
                                                    requirements (see CAA section 110(l)),                  Deficiencies,’’ EPA Region 9, August 21,              Accordingly, this proposed action
                                                    and must not modify certain SIP control                 2001 (the Little Bluebook).                           merely proposes to approve State law as
                                                    requirements in nonattainment areas                       4. ‘‘State Implementation Plans for                 meeting federal requirements and does
                                                    without ensuring equivalent or greater                  Serious PM–10 Nonattainment Areas,                    not impose additional requirements
                                                    emissions reductions (see CAA section                   and Attainment Date Waivers for PM–10                 beyond those imposed by State law. For
                                                    193).                                                   Nonattainment Areas Generally;                        that reason, this proposed action:
                                                       Generally, SIP rules must require                    Addendum to the General Preamble for                     • Is not a ‘‘significant regulatory
                                                    Reasonably Available Control                            the Implementation of Title I of the                  action’’ subject to review by the Office
                                                    Technology (RACT) for each category of                  Clean Air Act Amendments of 1990,’’ 59                of Management and Budget under
                                                    sources covered by a Control                            FR 41998 (August 16, 1994).                           Executive Order 12866 (58 FR 51735,
                                                    Techniques Guidelines (CTG)                                                                                   October 4, 1993);
                                                                                                            B. Do the rules meet the evaluation                      • does not impose an information
                                                    document, and for each non-CTG major                    criteria?
                                                    source of VOCs in ozone nonattainment                                                                         collection burden under the provisions
                                                    areas classified as moderate or above                     We believe these rules are consistent               of the Paperwork Reduction Act (44
                                                    (see CAA section 182(b)(2)). The                        with CAA requirements and relevant                    U.S.C. 3501 et seq.);
                                                    ICAPCD regulates sources in an ozone                    guidance regarding enforceability,                       • is certified as not having a
                                                    nonattainment area classified as                        RACT and SIP revisions. The TSD has                   significant economic impact on a
                                                    moderate for the 1997 and the 2008 8-                   more information on our evaluation.                   substantial number of small entities
                                                    hour ozone standards (40 CFR 81.305).                                                                         under the Regulatory Flexibility Act (5
                                                                                                            C. EPA Recommendations To Further
                                                    Therefore, we are evaluating whether                                                                          U.S.C. 601 et seq.);
                                                                                                            Improve the Rules                                        • does not contain any unfunded
                                                    this rule implements RACT-level
                                                    controls for this area source category.                   The TSD describes additional rule                   mandate or significantly or uniquely
                                                    Rules 101 and 202 support the                           revisions that we recommend for the                   affect small governments, as described
                                                    requirements in Rule 217 but do not                     next time the local agency modifies the               in the Unfunded Mandates Reform Act
                                                    contain emission limitations directly, so               rules.                                                of 1995 (Pub. L. 104–4);
                                                    we are not evaluating them for rule                                                                              • does not have Federalism
                                                                                                            D. Public Comment and Proposed
                                                    stringency.                                                                                                   implications as specified in Executive
                                                                                                            Action
                                                       Generally, SIP rules must also                                                                             Order 13132 (64 FR 43255, August 10,
                                                    implement Reasonably Available                             As authorized in section 110(k)(3) of              1999);
                                                    Control Measures (RACM), including                      the Act, the EPA proposes to fully                       • is not an economically significant
                                                    RACT, in moderate PM2.5 nonattainment                   approve the submitted rules because we                regulatory action based on health or
                                                    areas (see CAA sections 172(c)(1) and                   believe they fulfill all relevant                     safety risks subject to Executive Order
                                                    189(a)(1)(C)). The ICAPCD regulates                     requirements. We will accept comments                 13045 (62 FR 19885, April 23, 1997);
                                                    sources in a PM2.5 nonattainment area                   from the public on this proposal until                   • is not a significant regulatory action
                                                    classified as moderate for the 2006 24-                 January 9, 2017. Unless we receive                    subject to Executive Order 13211 (66 FR
                                                    hour and the 2012 annual standards. (40                 convincing new information during the                 28355, May 22, 2001);
                                                    CFR 81.305). RACM evaluations are                       comment period, we intend to publish                     • is not subject to requirements of
                                                    generally performed in context of a                     a final approval action that will                     Section 12(d) of the National
                                                    broader implementation plan.                            incorporate these rules into the federally            Technology Transfer and Advancement
                                                    Therefore, we are not proposing to                      enforceable SIP.                                      Act of 1995 (15 U.S.C. 272 note) because
                                                    determine whether this rule fulfills                                                                          application of those requirements would
                                                                                                            III. Incorporation by Reference
                                                    RACM requirements at this time,                                                                               be inconsistent with the Clean Air Act;
                                                    although we did evaluate Rule 217 with                     In this rule, the EPA is proposing to              and
                                                                                                            include, in a final EPA rule, regulatory                 • does not provide the EPA with the
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    respect to RACT-level controls in the
                                                    TSD.                                                    text that includes incorporation by                   discretionary authority to address
                                                                                                            reference. In accordance with                         disproportionate human health or
                                                      3 For example, Rule 217 Table 2.1 (C. Housing)        requirements of 1 CFR 51.5, the EPA is                environmental effects with practical,
                                                    states ‘‘An owner/operator of a beef feedlot CAF        proposing to incorporate by reference                 appropriate and legally permissible
                                                    shall implement mitigation measures 1, 2, 3, and 4      the ICAPCD rules described in Table 1                 methods under Executive Order 12898
                                                    and at least one (1) additional mitigation measure
                                                    in each of the animal housing structures (e.g., each
                                                                                                            of this preamble. The EPA has made,                   (59 FR 7629, February 16, 1994).
                                                    corral, etc.):’’ and lists the mitigation measures      and will continue to make, these                         In addition, the SIP is not approved
                                                    below, numbered 1–7.                                    materials available through                           to apply on any Indian reservation land


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                                                    89026                  Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Proposed Rules

                                                    or in any other area where the EPA or                   compliance date for the monitoring                    that is placed in the public docket and
                                                    an Indian tribe has demonstrated that a                 requirements for low-energy absorbers.                made available on the Internet. If you
                                                    tribe has jurisdiction. In those areas of               DATES: Comments. Comments must be                     submit an electronic comment, the EPA
                                                    Indian country, the rule does not have                  received on or before January 23, 2017.               recommends that you include your
                                                    tribal implications and will not impose                   Public Hearing. If anyone contacts the              name and other contact information in
                                                    substantial direct costs on tribal                      EPA requesting to speak at a public                   the body of your comment and with any
                                                    governments or preempt tribal law as                    hearing by December 14, 2016, we will                 disk or CD–ROM you submit. If the EPA
                                                    specified by Executive Order 13175 (65                  hold a public hearing on December 27,                 cannot read your comment due to
                                                    FR 67249, November 9, 2000).                            2016 on the EPA campus at 109 T.W.                    technical difficulties and cannot contact
                                                                                                            Alexander Drive, Research Triangle                    you for clarification, the EPA may not
                                                    List of Subjects in 40 CFR Part 52
                                                                                                            Park, North Carolina.                                 be able to consider your comment.
                                                      Environmental protection, Air                         ADDRESSES: Comments. Submit your                      Electronic files should not include
                                                    pollution control, Incorporation by                     comments, identified by Docket ID No.                 special characters or any form of
                                                    reference, Intergovernmental relations,                 EPA–HQ–OAR–2012–0522, at http://                      encryption and be free of any defects or
                                                    Ozone, Particulate matter, Reporting                    www.regulations.gov. Follow the online                viruses. For additional information
                                                    and recordkeeping requirements,                         instructions for submitting comments.                 about the EPA’s public docket, visit the
                                                    Volatile organic compounds.                             Once submitted, comments cannot be                    EPA Docket Center homepage at http://
                                                       Authority: 42 U.S.C. 7401 et seq.                    edited or removed from Regulations.gov.               www.epa.gov/dockets.
                                                      Dated: November 21, 2016.                             The EPA may publish any comment                          Docket. The EPA has established a
                                                                                                            received to its public docket. Do not                 docket for this rulemaking under Docket
                                                    Alexis Strauss,
                                                                                                            submit electronically any information                 ID No. EPA–HQ–OAR–2012–0522. All
                                                    Acting Regional Administrator, Region IX.                                                                     documents in the docket are listed in
                                                                                                            you consider to be Confidential
                                                    [FR Doc. 2016–29594 Filed 12–8–16; 8:45 am]                                                                   the Regulations.gov index. Although
                                                                                                            Business Information (CBI) or other
                                                    BILLING CODE 6560–50–P
                                                                                                            information whose disclosure is                       listed in the index, some information is
                                                                                                            restricted by statute. Multimedia                     not publicly available, e.g., CBI or other
                                                                                                            submissions (audio, video, etc.) must be              information whose disclosure is
                                                    ENVIRONMENTAL PROTECTION                                                                                      restricted by statute. Certain other
                                                                                                            accompanied by a written comment.
                                                    AGENCY                                                                                                        material, such as copyrighted material,
                                                                                                            The written comment is considered the
                                                    40 CFR Part 63                                          official comment and should include                   is not placed on the Internet and will be
                                                                                                            discussion of all points you wish to                  publicly available only in hard copy.
                                                    [EPA–HQ–OAR–2012–0522; FRL–9956–00–                     make. The EPA will generally not                      Publicly available docket materials are
                                                    OAR]                                                    consider comments or comment                          available either electronically in
                                                                                                            contents located outside of the primary               Regulations.gov or in hard copy at the
                                                    RIN 2060–AT14                                           submission (i.e., on the Web, cloud, or               EPA Docket Center, Room 3334, EPA
                                                                                                            other file sharing system). For                       WJC West Building, 1301 Constitution
                                                    Phosphoric Acid Manufacturing and                                                                             Avenue NW., Washington, DC. The
                                                    Phosphate Fertilizer Production Risk                    additional submission methods, the full
                                                                                                            EPA public comment policy,                            Public Reading Room is open from 8:30
                                                    and Technology Review                                                                                         a.m. to 4:30 p.m., Monday through
                                                                                                            information about CBI or multimedia
                                                    AGENCY:  Environmental Protection                       submissions, and general guidance on                  Friday, excluding legal holidays. The
                                                    Agency (EPA).                                           making effective comments, please visit               telephone number for the Public
                                                    ACTION: Reconsideration; proposed rule.                 http://www2.epa.gov/dockets/                          Reading Room is (202) 566–1744, and
                                                                                                            commenting-epa-dockets.                               the telephone number for the EPA
                                                    SUMMARY:   This action proposes                           Instructions. Direct your comments to               Docket Center is (202) 566–1742.
                                                    amendments to the National Emission                     Docket ID No. EPA–HQ–OAR–2012–                           Public Hearing. A public hearing will
                                                    Standards for Hazardous Air Pollutants                  0522. The EPA’s policy is that all                    be held, if requested by December 14,
                                                    (NESHAP) for the Phosphoric Acid                        comments received will be included in                 2016, to accept oral comments on this
                                                    Manufacturing and Phosphate Fertilizer                  the public docket without change and                  proposed action. If a hearing is
                                                    Production source categories. The                       may be made available online at http://               requested, it will be held at the EPA’s
                                                    proposed amendments are in response                     www.regulations.gov, including any                    North Carolina campus located at 109
                                                    to two petitions for reconsideration filed              personal information provided, unless                 T.W. Alexander Drive, Research
                                                    by industry stakeholders on the rule                    the comment includes information                      Triangle Park, NC 27711. The hearing, if
                                                    revisions to NESHAP for the Phosphoric                  claimed to be CBI or other information                requested, will begin at 10:00 a.m. (local
                                                    Acid Manufacturing and Phosphate                        whose disclosure is restricted by statute.            time) and will continue until the earlier
                                                    Fertilizer Production source categories                 Do not submit information that you                    of 5:00 p.m. or 1 hour after the last
                                                    that were promulgated on August 19,                     consider to be CBI or otherwise                       registered speaker has spoken. To
                                                    2015 (80 FR 50386) (hereafter the                       protected through http://                             request a hearing, to register to speak at
                                                    ‘‘August 2015 Final Rule’’). We are                     www.regulations.gov or email. The                     a hearing, or to inquire if a hearing will
                                                    proposing to revise the compliance date                 http://www.regulations.gov Web site is                be held, please contact Ms. Pamela
                                                    by which affected sources must include                  an ‘‘anonymous access’’ system, which                 Garrett at (919) 541–7966 or by email at
                                                    emissions from oxidation reactors when                  means the EPA will not know your                      garrett.pamela@epa.gov. The last day to
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    determining compliance with the total                   identity or contact information unless                pre-register to speak at a hearing, if one
                                                    fluoride (TF) emission limits for                       you provide it in the body of your                    is held, will be December 22, 2016.
                                                    superphosphoric acid (SPA) process                      comment. If you send an email                         Additionally, requests to speak will be
                                                    lines. We are also proposing to add a                   comment directly to the EPA without                   taken the day of the hearing at the
                                                    new option, and clarify an existing                     going through http://                                 hearing registration desk, although
                                                    option, to the monitoring requirements                  www.regulations.gov, your email                       preferences on speaking times may not
                                                    for low-energy absorbers. In addition,                  address will be automatically captured                be able to be fulfilled. Please note that
                                                    we are proposing to revise the                          and included as part of the comment                   registration requests received before the


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Document Created: 2018-02-14 09:03:52
Document Modified: 2018-02-14 09:03:52
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 9, 2017.
ContactNancy Levin, EPA Region IX, (415) 972- 3848, [email protected]
FR Citation81 FR 89024 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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