81 FR 90754 - Partial Approval, Partial Disapproval of California Air Plan Revisions, Antelope Valley Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 241 (December 15, 2016)

Page Range		90754-90758
FR Document		2016-30179

The Environmental Protection Agency (EPA) is proposing a partial approval and partial disapproval of revisions to the Antelope Valley Air Quality Management District (AVAQMD or District) portion of the California State Implementation Plan (SIP). These revisions concern the District's demonstration regarding Reasonably Available Control Technology (RACT) requirements for the 1997 and 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS). We are proposing action on local SIP revisions 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 241 (Thursday, December 15, 2016)

[Federal Register Volume 81, Number 241 (Thursday, December 15, 2016)]
[Proposed Rules]
[Pages 90754-90758]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-30179]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0524; FRL-9956-68-Region 9]

Partial Approval, Partial Disapproval of California Air Plan
Revisions, Antelope Valley Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing a
partial approval and partial disapproval of revisions to the Antelope
Valley Air Quality Management District (AVAQMD or District) portion of
the California State Implementation Plan (SIP). These revisions concern
the District's demonstration regarding Reasonably Available Control
Technology (RACT) requirements for the 1997 and 2008 8-hour ozone
National Ambient Air Quality Standards (NAAQS). We are proposing action
on local SIP revisions 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 17, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0524 at http://www.regulations.gov, or via email to Andrew
Steckel, Rulemaking Office Chief at Steckel.Andrew@epa.gov. 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: Stanley Tong, EPA Region IX, (415)
947-4122, tong.stanley@epa.gov.

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

Table of Contents

I. The State's Submittal
A. What documents did the State submit?
B. Are there other versions of these documents?
C. What is the purpose of the RACT SIP submissions?
II. The EPA's Evaluation and Proposed Action
A. How is the EPA evaluating the RACT SIP submissions?
B. Do the RACT SIP submissions meet the evaluation criteria?
C. What are the RACT deficiencies?
D. EPA Recommendations To Further Improve the RACT SIPs
E. Proposed Action and Public Comment
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What documents did the State submit?

Table 1 lists the documents 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 Documents
----------------------------------------------------------------------------------------------------------------
Local agency Document Adopted Submitted
----------------------------------------------------------------------------------------------------------------
AVAQMD........................................ AVAQMD 8-Hour Reasonably 09/19/06 01/31/07
Available Control Technology--
State Implementation Plan
Analysis (RACT SIP Analysis)--
1997 8-hour Ozone NAAQS ``2006
RACT SIP''.
AVAQMD........................................ AVAQMD 8-Hour Reasonably 07/21/15 10/23/15
Available Control Technology--
State Implementation Plan
Analysis (2015 RACT SIP
Analysis)--2008 8-hour Ozone
NAAQS ``2015 RACT SIP''.
----------------------------------------------------------------------------------------------------------------

On July 31, 2007, the submittal for AVAQMD's 2006 RACT SIP Analysis
for the 1997 8-hour ozone NAAQS was deemed by operation of law to meet
the completeness criteria in Title 40 of the Code of Federal
Regulations (CFR) part 51 Appendix V, which must be met before formal
EPA review.
On March 9, 2016, the submittal for AVAQMD's 2015 RACT SIP Analysis
for the 2008 8-hour ozone NAAQS was found to meet 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 documents?

There are no previous versions of these documents in the AVAQMD
portion of the California SIP for the 1997 or 2008 8-hour ozone
standard.

C. What is the purpose of the RACT SIP submissions?

Volatile Organic Compounds (VOCs) and nitrogen oxides
(NOX) help produce ground-level ozone and smog, which harm
human health and the environment. Section 110(a) of the CAA

[[Page 90755]]

requires states to submit regulations that control VOC and
NOX emissions. Sections 182(b)(2) and (f) require that SIPs
for ozone nonattainment areas classified as moderate or above implement
RACT for any source covered by a Control Techniques Guidelines (CTG)
document and for any major source of VOCs or NOX. The AVAQMD
is subject to this requirement as it is designated and classified as a
severe-15 ozone nonattainment area for the 1997 8-hour ozone NAAQS.\1\
Therefore, the AVAQMD must, at a minimum, adopt RACT-level controls for
all sources covered by a CTG document and for all major non-CTG sources
of VOCs or NOX within the nonattainment area. Any stationary
source that emits or has the potential to emit at least 100 tons per
year of VOCs or NOX is a major stationary source in a
moderate ozone nonattainment area (CAA section 182(b)(2), (f) and
302(j)), and any stationary source that emits or has the potential to
emit at least 25 tons per year of VOCs or NOX is a major
stationary source in a severe ozone nonattainment area (CAA sections
182(d) and (f)).
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\1\ 40 CFR 81.305; 69 FR 23858 at 23884 (April 30, 2004) (final
rule designating and classifying Antelope Valley as a Subpart 2/
moderate nonattainment for the 1997 8-hour ozone NAAQS); 77 FR 26950
(May 8, 2012) (final rule reclassifying Antelope Valley as severe-15
nonattainment for the 1997 8-hour ozone NAAQS); and 77 FR 30088 at
30100 (May 21, 2012) (final rule designating and classifying
Antelope Valley as severe-15 nonattainment for the 2008 8-hour ozone
NAAQS). Antelope Valley AQMD is listed in the final rulemaking under
``Los Angeles-San Bernardino Cos (W Mojave Desert), CA: Los Angeles
County (part)''.
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Section IV.G. of the preamble to the EPA's final rule to implement
the 1997 8-hour ozone NAAQS (70 FR 71612, November 29, 2005) discusses
RACT requirements. It states in part that where a RACT SIP is required,
states implementing the 8-hour standard generally must assure that RACT
is met either through a certification that previously required RACT
controls represent RACT for 8-hour implementation purposes or through a
new RACT determination. Section III.D of the preamble to the EPA's
final rule to implement the 2008 ozone NAAQS (80 FR 12264, March 6,
2015) discusses similar requirements for RACT. The submitted documents
provide AVAQMD's analyses of its compliance with the CAA section 182
RACT requirements for the 1997 and 2008 8-hour ozone NAAQS. The EPA's
technical support documents (TSD) have more information about the
District's submissions and the EPA's evaluations thereof.

II. The EPA's Evaluation and Proposed Action

A. How is the EPA evaluating the RACT SIP submissions?

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
RACT for each category of sources covered by a CTG document as well as
each major source of VOCs or NOX in ozone nonattainment
areas classified as moderate or above (see CAA section 182(b)(2)). The
AVAQMD regulates a severe ozone nonattainment area (see 40 CFR 81.305),
so the District's rules must implement RACT.
Guidance and policy documents that we use to evaluate
enforceability, rule stringency requirements and CAA section 182 RACT
requirements for the applicable criteria pollutants include the
following:

1. ``Final Rule to Implement the 8-hour Ozone National Ambient
Air Quality Standard--Phase 2'' (70 FR 71612; November 29, 2005).
2. ``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).
3. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies,
and Deviations,'' EPA, May 25, 1988 (the Bluebook).
4. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
5. ``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.
6. Memorandum from William T. Harnett to Regional Air Division
Directors, (May 18, 2006), ``RACT Qs & As--Reasonably Available
Control Technology (RACT) Questions and Answers''.
7. RACT SIPs, Letter dated March 9, 2006 from EPA Region IX
(Andrew Steckel) to CARB (Kurt Karperos) describing Region IX's
understanding of what constitutes a minimally acceptable RACT SIP.
8. RACT SIPs, Letter dated April 4, 2006 from EPA Region IX
(Andrew Steckel) to CARB (Kurt Karperos) listing EPA's current CTGs,
ACTs, and other documents which may help to establish RACT.
9. ``Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements'' (80 FR
12264; March 6, 2015).

With respect to major stationary sources, because the Antelope
Valley ozone nonattainment area was classified as ``moderate''
nonattainment for the 1997 8-hour ozone NAAQS at the time that
California submitted the 2006 RACT SIP to the EPA, the EPA evaluated
this submission in accordance with the 100 ton per year (tpy) threshold
for ``major stationary sources'' of VOC or NOX emissions in
moderate ozone nonattainment areas. (see CAA sections 182(b)(2) and
(f)).
The AVAQMD's 2015 RACT SIP submittal contains the District's RACT
evaluation for major stationary sources in accordance with the 25 tpy
threshold for major stationary sources of VOC or NOX
emissions in severe ozone nonattainment areas. (see CAA sections 182(d)
and (f)). The EPA also evaluated AVAQMD's submittals for compliance
with the additional RACT requirements that became applicable following
the EPA's reclassification of the Antelope Valley ozone nonattainment
area from ``moderate'' to ``severe'' nonattainment for the 1997 8-hour
ozone NAAQS and classification as a severe ozone nonattainment area for
the 2008 8-hour ozone NAAQS.

B. Do the RACT SIP submissions meet the evaluation criteria?

With respect to the 1997 8-hour ozone standard, AVAQMD's 2006 RACT
SIP and its 2014 Supplemental Analysis \2\ provide the District's
conclusion that the applicable SIP generally satisfies CAA section 182
RACT requirements except for a limited number of rules that did not
fully implement an applicable CTG or where rules covering major non-CTG
sources must be updated to implement RACT. AVAQMD reviewed the list of
CTGs and identified whether or not there was a stationary source
located within its jurisdiction. For some categories, AVAQMD determined
its rules met RACT, while in other cases it concluded that several
rules must be updated to implement RACT.\3\ With respect to major non-
CTG sources, the District identified all facilities that have submitted
applications for a CAA title V Federal Operating Permit. Table 1 of the
2006 RACT SIP lists four major sources, two of which are landfills
(Antelope Valley Public Landfill and Lancaster Landfill), which the
District states are

[[Page 90756]]

not a major source of ozone precursors. The District also states that
VOC emissions from the remaining two title V facilities (Northrup-
Grumman and Lockheed Martin) are largely regulated by Rule 1124
Aerospace Operations, which was recently amended and approved into the
SIP.\4\ Our review of CARB's emissions inventory database for potential
CTG sources did not uncover any CTG source categories or major sources
missing from the District's analysis.
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\2\ AVAQMD separately provided a supplemental analysis titled,
``8-Hour Ozone Reasonably Available Control Technology (RACT) State
Implementation Plan (SIP) Analysis--Supplemental Analysis'', dated
March 13, 2014, to address the EPA's September 11, 2006 comments on
the 2006 RACT SIP [hereinafter ``2014 Supplemental Analysis''].
\3\ See AVAQMD 2014 Supplemental Analysis.
\4\ Rule 1124, Aerospace Assembly and Component Manufacturing
Operations, amended August 20, 2013, was approved into the SIP as
meeting RACT in 80 FR 60040 (October 5, 2015).
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With respect to the 2008 8-hour ozone standard, AVAQMD's 2015 RACT
SIP staff report states that ``[t]he original 2006 RACT SIP Analysis
(for the 1997 8-hour ozone standard), together with the supplemental
March 13, 2014 RACT SIP Analysis and this document, [the 2015 RACT SIP
Analysis] represent a current and complete RACT SIP Analysis document
to satisfy the District's RACT obligation for the 1997 and 2008 8-hour
ozone standards.'' \5\
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\5\ See AVAQMD 2015 RACT SIP, pg 1.
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For each CTG source category, AVAQMD's 2015 RACT SIP identifies if
it has a stationary source subject to the CTG. AVAQMD states that for
some CTG source categories its rules meet RACT, while in other cases,
the rules need to be updated to implement RACT. With respect to major
non-CTG sources, the District identified five facilities that submitted
applications for title V Federal Operating Permits. Four of these
facilities were previously identified in the District's 2006 RACT SIP.
One new facility, Wm Bolthouse Farms, is a major source of
NOX due to emissions from internal combustion engines used
to support agricultural operations.
We reviewed AVAQMD's 2006 RACT SIP, its 2014 Supplemental Analysis,
and its 2015 RACT SIPs to determine if the District's rules implemented
current RACT. We also reviewed CARB's emissions inventory database and
did not uncover any additional major stationary sources that were
missing in the District's analyses. The District's efforts to identify
CTG sources and major sources appears to be thorough. Based on the
EPA's review of the District's evaluations, we propose to conclude that
with the exception of the following rules, all of the identified SIP
rules implement RACT for the applicable CTG categories and for the
major non-CTG stationary sources of VOC and NOX for the 1997
and 2008 8-hour ozone NAAQS. We will discuss the rules' deficiencies in
the next section. The rules that are deficient are:
1. Rule 462, Organic Liquid Loading (6/9/95).
2. Rule 1110.2, Emissions from Stationary, Non-road & Portable
Internal Combustion Engines (1/21/03).
3. Rule 1151, Motor Vehicle and Mobile Equipment Coating Operations
(6/19/12).
4. Rule 1171, Solvent Cleaning Operations (11/17/98).
Where there are no existing sources covered by a particular CTG
document, states may, in lieu of adopting RACT requirements for those
sources, adopt negative declarations certifying that there are no such
sources in the relevant nonattainment area. Tables 2 of AVAQMD's 2006
and 2015 RACT SIPs lists the District's negative declarations where it
had no sources subject to the applicable CTG for the 1997 and 2008 8-
hour ozone standards respectively. The District based its conclusion on
a review of permit files, emissions inventory data, and a search of the
internet and yellow pages. We summarized the District's negative
declarations in Table 2 below.

Table 2--AVAQMD Negative Declarations for the 1997 and 2008 8-Hour Ozone NAAQS
----------------------------------------------------------------------------------------------------------------
Negative declaration CTG reference 2006 RACT 2015 RACT
CTG source category document SIP * SIP
----------------------------------------------------------------------------------------------------------------
Coils......................................... EPA-450/2-77-008, Control of Volatile ........... X
Organic Emissions from Existing
Stationary Sources--Volume II:
Surface Coating of Cans, Coils,
Paper, Fabrics, Automobiles, and
Light-Duty Trucks.
Flat Wood Paneling Coatings................... EPA-453/R-06-004, Control Techniques ........... X
Guidelines for Flat Wood Paneling
Coatings.
Fiberglass Board Manufacturing Materials...... EPA 453/R-08-004, Control Techniques ........... X
Guidelines for Fiberglass Boat
Manufacturing Materials.
Gasoline Bulk Plants.......................... EPA-450/2-77-035, Control of Volatile X X
Organic Emissions from Bulk Gasoline
Plants.
Gasoline Loading Terminals >76,000 L.......... EPA-450/2-77-026, Control of X ...........
Hydrocarbons from Tank Truck Gasoline
Loading Terminals.
Large Appliances, Surface Coatings............ EPA-450/2-77-034, Control of Volatile X X
Organic Emissions from Existing
Stationary Sources--Volume V: Surface
Coating of Large Appliances.
Large Appliances, Surface Coatings............ EPA 453/R-07-004, Control Techniques ........... X
Guidelines for Large Appliance
Coatings.
Dry Cleaning.................................. EPA-450/3-82-009, Control of Volatile ........... X
Organic Compound Emissions from Large
Petroleum Dry Cleaners.
Magnet Wire Coating........................... EPA-450/2-77-033, Control of Volatile X X
Organic Emissions from Existing
Stationary Sources, Volume IV:
Surface Coating of Insulation of
Magnet Wire.
Metal Furniture............................... EPA 453/R-07-005, Control Techniques ........... X
Guidelines for Metal Furniture
Coatings.
Natural Gas/Gasoline Processing Plants........ EPA-450/2-83-007, Control of Volatile X X
Organic Compound Equipment Leaks from
Natural Gas/Gasoline Processing
Plants.
Petroleum Liquid Storage Tanks--Fixed Roof EPA-450/2-77-036, Control of Volatile X X
Tanks. Organic Emissions from Storage of
Petroleum Liquids in Fixed-Roof Tanks.
Petroleum Liquid Storage Tanks--External EPA-450/2-78-047, Control of Volatile X X
Floating Roof Tanks. Organic Emissions from Petroleum
Liquid Storage in External Floating
Roof Tanks.
Pharmaceutical Products....................... EPA-450/2-78-029, Control of Volatile X X
Organic Emissions from Manufacture of
Synthesized Pharmaceutical Products.
Refineries.................................... EPA-450/2-77-025, Control of Refinery X X
Vacuum Producing Systems, Wastewater
Separators, and Process Unit
Turnarounds.

[[Page 90757]]

Refineries.................................... EPA-450/2-78-036, Control of Volatile X X
Organic Compound Leaks from Petroleum
Refinery Equipment.
Resin Manufacturing--High-Density EPA-450/3-83-008, Control of Volatile X X
Polyethylene, Polypropylene, and Polystyrene Organic Compound Emissions from
Resins. Manufacture of High-Density
Polyethylene, Polypropylene, and
Polystyrene Resins.
Resin Manufacturing--Synthetic Organic EPA-450/3-83-006, Control of Volatile X X
Chemical Polymers and Resin Manufacturing. Organic Compound Leaks from Synthetic
Organic Chemical Polymer and Resin
Manufacturing Equipment.
Rubber Tire Manufacturing..................... EPA-450/2-78-030, Control of Volatile X X
Organic Emissions from Manufacture of
Pneumatic Rubber Tires.
Ship Coatings................................. 61 FR 44050 and EPA-453/R-94-032, X X
Control Techniques Guidelines for
Shipbuilding and Ship Repair
Operations (Surface Coating).
Synthetic Organic Chemical Manufacturing...... EPA-450/3-84-015, Control of Volatile X X
Organic Compound Emissions from Air
Oxidation Process in Synthetic
Organic Chemical Manufacturing
Industry (SOCMI).
Synthetic Organic Chemical Manufacturing...... EPA-450/4-91-031, Control of Volatile X X
Organic Compound Emissions from
Reactor Process and Distillation
Operations in SOCMI.
Wood Furniture Surface Coating................ EPA-453/R-96-007, Control of VOC X X
Emissions from Wood Furniture
Manufacturing Operations.
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\*\ These Negative Declarations were approved on July 1, 2011 (76 FR 38572).

Our review of AVAQMD's negative declarations indicate some CTGs
missing from the District's analysis. The District should adopt
negative declarations for the following CTGs for the 1997 8-hour ozone
standard if it concludes it has no sources covered by the CTGs:

1. EPA-450/2-78-032, Control of Volatile Organic Emissions from
Existing Stationary Sources--Volume VII: Factory Surface Coating of
Flat Wood Paneling.
2. EPA-450/3-82-009, Control of Volatile Organic Compound
Emissions from Large Petroleum Dry Cleaners.
3. EPA-450/2-77-008, Control of Volatile Organic Emissions from
Existing Stationary Sources--Volume II: Surface Coating of Cans,
Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks, can
coating portion.

The District should also adopt negative declarations for the
following CTGs for the 2008 8-hour ozone standard if it concludes it
has no sources covered by these documents:

1. EPA-450/2-77-008, Can coating portion of Control of Volatile
Organic Emissions from Existing Stationary Sources--Volume II:
Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and
Light-Duty Trucks
2. EPA-450/2-77-026, Control of Hydrocarbons from Tank Truck
Gasoline Loading Terminals.
3. EPA-450/7-77-032, Control of Volatile Organic Emissions from
Existing Stationary Sources--Volume III: Surface Coating of Metal
Furniture.
4. EPA-450/2-78-032, Control of Volatile Organic Emissions from
Existing Stationary Sources--Volume VII: Factory Surface Coating of
Flat Wood Paneling.
5. EPA-453/R-08-003, Drum coating portion of Control Techniques
Guidelines for Miscellaneous Metal and Plastic Parts Coatings.
6. EPA 453/R-08-003, Pleasure craft coating portion of Control
Techniques Guidelines for Miscellaneous Metal and Plastic Parts
Coatings.

Our 2006 and 2015 RACT SIP TSDs provide a more detailed discussion
of the EPA's rationale, including an overview of the District's
analyses, which were made available for public comment during the
District's rulemaking process.

C. What are the RACT deficiencies?

Rule 462, Organic Liquid Loading, (amended 6/9/95) defines
``facility vapor leak'' as ``measured at a distance of 2 centimeters
from the source according to EPA Method 21.'' This should be corrected
to remove the 2 centimeter criteria to be consistent with EPA Method
21.
Rule 1110.2, Emissions from Stationary, Non-road & Portable
Internal Combustion Engines, (amended 1/21/03) exempts engines ``used
directly and exclusively by the owner/operator for agricultural
operations necessary for the growing of crops or raising of fowl or
animals.'' The District should update this rule to eliminate the
exemption for agricultural engines or adopt a separate rule for
agricultural engines.
Rule 1151, Motor Vehicle and Mobile Equipment Coating Operations
(amended 6/19/12) does not cover the coating of new heavier duty
vehicles. The District's RACT SIP states it has a new heavier duty
vehicle manufacturing facility whose permitted coating operation
exceeds the applicability threshold for the 2008 CTG for Automobile and
Light Duty Truck Assembly Coatings.
Rule 1171, Solvent Cleaning Operations (amended 11/17/98) needs to
incorporate work practices from the 2006 CTG for Industrial Cleaning
Solvents.

D. EPA Recommendations To Further Improve the RACT SIPs

The 2015 TSD describes recommendations if additional emission
reductions are needed for the next time the local agency modifies its
rules. The 2006 and 2015 TSDs also recommend adopting additional
negative declarations if the District concludes it has no sources
covered by those CTG categories.

E. Proposed Action and Public Comment

As authorized in sections 110(k)(3) and 301(a) of the Act, and
explained more fully in our TSDs, the EPA proposes to partially approve
and partially disapprove the 2006 and 2015 RACT SIP submittals. We will
accept comments from the public on this proposal until January 17,
2017.
If finalized, this partial disapproval would trigger the 2-year
clock for the federal implementation plan (FIP) requirement under
section 110(c).
In addition, final disapproval would trigger sanctions under CAA
section 179 and 40 CFR 52.31 unless the EPA approves subsequent SIP
revisions that correct the RACT SIP deficiencies within 18 months of
the effective date of the final action.

III. Statutory and Executive Order Reviews

Additional information about these statutes and Executive Orders
can be

[[Page 90758]]

found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act (PRA)

This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
State, local, or tribal governments, or to the private sector, will
result from this action.

E. Executive Order 13132: Federalism

This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

This action does not have tribal implications, as specified in
Executive Order 13175, because 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, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not impose additional
requirements beyond those imposed by state law.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Population

The EPA lacks the discretionary authority to address environmental
justice in this rulemaking.

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, Volatile organic compounds.

Authority: 42 U.S.C. 7401 et seq.

Dated: December 2, 2016.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2016-30179 Filed 12-14-16; 8:45 am]
BILLING CODE 6560-50-P

90754 Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Proposed Rules

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United States Copyright Office is
revisions concern the District’s submissions, and general guidance on
proposing to update the regulation
demonstration regarding Reasonably making effective comments, please visit
governing supplementary registration to
Available Control Technology (RACT) http://www2.epa.gov/dockets/
reflect certain technical upgrades that
requirements for the 1997 and 2008 8- commenting-epa-dockets.
will soon be made to the electronic
hour ozone National Ambient Air
registration system. On December 1, FOR FURTHER INFORMATION CONTACT:
Quality Standards (NAAQS). We are
2016, the Office issued a Notice of Stanley Tong, EPA Region IX, (415)
proposing action on local SIP revisions
Proposed Rulemaking seeking public 947–4122, tong.stanley@epa.gov.
under the Clean Air Act (CAA or the
input on that topic. See 81 FR 86656 SUPPLEMENTARY INFORMATION:
Act). We are taking comments on this
(Dec. 1, 2016). To ensure that Throughout this document, ‘‘we,’’ ‘‘us’’
proposal and plan to follow with a final
commenters have sufficient time to and ‘‘our’’ refer to the EPA.
action.
respond, the Office is extending the
deadline for the submission of DATES: Any comments must arrive by Table of Contents
comments in response to the Notice to January 17, 2017. I. The State’s Submittal
January 30, 2017, at 11:59 p.m. Eastern ADDRESSES: Submit your comments, A. What documents did the State submit?
Time. identified by Docket ID No. EPA–R09– B. Are there other versions of these
OAR–2016–0524 at http:// documents?
Dated: December 9, 2016.
www.regulations.gov, or via email to C. What is the purpose of the RACT SIP
Sarang V. Damle, submissions?
Andrew Steckel, Rulemaking Office
General Counsel and Associate Register of II. The EPA’s Evaluation and Proposed
Chief at Steckel.Andrew@epa.gov. For
Copyrights. Action
comments submitted at Regulations.gov, A. How is the EPA evaluating the RACT
[FR Doc. 2016–30076 Filed 12–14–16; 8:45 am]
follow the online instructions for SIP submissions?
BILLING CODE 1410–30–P
submitting comments. Once submitted, B. Do the RACT SIP submissions meet the
comments cannot be removed or edited evaluation criteria?
from Regulations.gov. For either manner C. What are the RACT deficiencies?
ENVIRONMENTAL PROTECTION of submission, the EPA may publish any D. EPA Recommendations To Further
AGENCY comment received to its public docket. Improve the RACT SIPs
Do not submit electronically any E. Proposed Action and Public Comment
40 CFR Part 52 information you consider to be III. Statutory and Executive Order Reviews
Confidential Business Information (CBI) I. The State’s Submittal
[EPA–R09–OAR–2016–0524; FRL–9956–68– or other information whose disclosure is
Region 9] restricted by statute. Multimedia A. What documents did the State
submissions (audio, video, etc.) must be submit?
Partial Approval, Partial Disapproval of
California Air Plan Revisions, Antelope accompanied by a written comment. Table 1 lists the documents addressed
Valley Air Quality Management District The written comment is considered the by this proposal with the dates that they
official comment and should include were adopted by the local air agency
AGENCY: Environmental Protection discussion of all points you wish to and submitted by the California Air
Agency (EPA). make. The EPA will generally not Resources Board (CARB).
TABLE 1—SUBMITTED DOCUMENTS
Local agency Document Adopted Submitted

AVAQMD ........................... AVAQMD 8-Hour Reasonably Available Control Technology—State Implementa- 09/19/06 01/31/07
tion Plan Analysis (RACT SIP Analysis)—1997 8-hour Ozone NAAQS ‘‘2006
RACT SIP’’.
AVAQMD ........................... AVAQMD 8-Hour Reasonably Available Control Technology—State Implementa- 07/21/15 10/23/15
tion Plan Analysis (2015 RACT SIP Analysis)—2008 8-hour Ozone NAAQS
‘‘2015 RACT SIP’’.

On July 31, 2007, the submittal for the 2008 8-hour ozone NAAQS was portion of the California SIP for the
AVAQMD’s 2006 RACT SIP Analysis for found to meet the completeness criteria 1997 or 2008 8-hour ozone standard.
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the 1997 8-hour ozone NAAQS was in 40 CFR part 51 Appendix V, which C. What is the purpose of the RACT SIP
deemed by operation of law to meet the must be met before formal EPA review. submissions?
completeness criteria in Title 40 of the
Code of Federal Regulations (CFR) part B. Are there other versions of these Volatile Organic Compounds (VOCs)
51 Appendix V, which must be met documents? and nitrogen oxides (NOX) help produce
before formal EPA review. ground-level ozone and smog, which
On March 9, 2016, the submittal for There are no previous versions of harm human health and the
AVAQMD’s 2015 RACT SIP Analysis for these documents in the AVAQMD environment. Section 110(a) of the CAA

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Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Proposed Rules 90755

requires states to submit regulations that II. The EPA’s Evaluation and Proposed With respect to major stationary
control VOC and NOX emissions. Action sources, because the Antelope Valley
Sections 182(b)(2) and (f) require that ozone nonattainment area was classified
A. How is the EPA evaluating the RACT
SIPs for ozone nonattainment areas as ‘‘moderate’’ nonattainment for the
SIP submissions?
classified as moderate or above 1997 8-hour ozone NAAQS at the time
implement RACT for any source SIP rules must be enforceable (see that California submitted the 2006
covered by a Control Techniques CAA section 110(a)(2)), must not RACT SIP to the EPA, the EPA
Guidelines (CTG) document and for any interfere with applicable requirements evaluated this submission in accordance
major source of VOCs or NOX. The concerning attainment and reasonable with the 100 ton per year (tpy) threshold
AVAQMD is subject to this requirement further progress or other CAA for ‘‘major stationary sources’’ of VOC or
as it is designated and classified as a requirements (see CAA section 110(l)), NOX emissions in moderate ozone
severe-15 ozone nonattainment area for and must not modify certain SIP control nonattainment areas. (see CAA sections
the 1997 8-hour ozone NAAQS.1 requirements in nonattainment areas 182(b)(2) and (f)).
Therefore, the AVAQMD must, at a without ensuring equivalent or greater The AVAQMD’s 2015 RACT SIP
minimum, adopt RACT-level controls emissions reductions (see CAA section submittal contains the District’s RACT
for all sources covered by a CTG 193). Generally, SIP rules must require evaluation for major stationary sources
document and for all major non-CTG RACT for each category of sources in accordance with the 25 tpy threshold
sources of VOCs or NOX within the covered by a CTG document as well as for major stationary sources of VOC or
nonattainment area. Any stationary each major source of VOCs or NOX in NOX emissions in severe ozone
source that emits or has the potential to ozone nonattainment areas classified as nonattainment areas. (see CAA sections
emit at least 100 tons per year of VOCs moderate or above (see CAA section 182(d) and (f)). The EPA also evaluated
or NOX is a major stationary source in 182(b)(2)). The AVAQMD regulates a AVAQMD’s submittals for compliance
a moderate ozone nonattainment area severe ozone nonattainment area (see 40 with the additional RACT requirements
(CAA section 182(b)(2), (f) and 302(j)), CFR 81.305), so the District’s rules must that became applicable following the
and any stationary source that emits or implement RACT. EPA’s reclassification of the Antelope
has the potential to emit at least 25 tons Guidance and policy documents that Valley ozone nonattainment area from
per year of VOCs or NOX is a major we use to evaluate enforceability, rule ‘‘moderate’’ to ‘‘severe’’ nonattainment
stationary source in a severe ozone stringency requirements and CAA for the 1997 8-hour ozone NAAQS and
nonattainment area (CAA sections section 182 RACT requirements for the classification as a severe ozone
182(d) and (f)). applicable criteria pollutants include nonattainment area for the 2008 8-hour
Section IV.G. of the preamble to the the following: ozone NAAQS.
EPA’s final rule to implement the 1997 1. ‘‘Final Rule to Implement the 8-hour
8-hour ozone NAAQS (70 FR 71612, B. Do the RACT SIP submissions meet
Ozone National Ambient Air Quality the evaluation criteria?
November 29, 2005) discusses RACT Standard—Phase 2’’ (70 FR 71612; November
requirements. It states in part that where 29, 2005). With respect to the 1997 8-hour ozone
a RACT SIP is required, states 2. ‘‘State Implementation Plans; General standard, AVAQMD’s 2006 RACT SIP
implementing the 8-hour standard Preamble for the Implementation of Title I of and its 2014 Supplemental Analysis 2
generally must assure that RACT is met the Clean Air Act Amendments of 1990,’’ 57 provide the District’s conclusion that
either through a certification that FR 13498 (April 16, 1992); 57 FR 18070 the applicable SIP generally satisfies
(April 28, 1992). CAA section 182 RACT requirements
previously required RACT controls
3. ‘‘Issues Relating to VOC Regulation
represent RACT for 8-hour except for a limited number of rules that
Cutpoints, Deficiencies, and Deviations,’’
implementation purposes or through a EPA, May 25, 1988 (the Bluebook). did not fully implement an applicable
new RACT determination. Section III.D 4. ‘‘Guidance Document for Correcting CTG or where rules covering major non-
of the preamble to the EPA’s final rule Common VOC & Other Rule Deficiencies,’’ CTG sources must be updated to
to implement the 2008 ozone NAAQS EPA Region 9, August 21, 2001 (the Little implement RACT. AVAQMD reviewed
(80 FR 12264, March 6, 2015) discusses Bluebook). the list of CTGs and identified whether
similar requirements for RACT. The 5. ‘‘State Implementation Plans; Nitrogen or not there was a stationary source
submitted documents provide Oxides Supplement to the General Preamble; located within its jurisdiction. For some
Clean Air Act Amendments of 1990 categories, AVAQMD determined its
AVAQMD’s analyses of its compliance
Implementation of Title I; Proposed Rule,’’
with the CAA section 182 RACT rules met RACT, while in other cases it
(the NOX Supplement), 57 FR 55620,
requirements for the 1997 and 2008 8- November 25, 1992. concluded that several rules must be
hour ozone NAAQS. The EPA’s 6. Memorandum from William T. Harnett updated to implement RACT.3 With
technical support documents (TSD) to Regional Air Division Directors, (May 18, respect to major non-CTG sources, the
have more information about the 2006), ‘‘RACT Qs & As—Reasonably District identified all facilities that have
District’s submissions and the EPA’s Available Control Technology (RACT) submitted applications for a CAA title V
evaluations thereof. Questions and Answers’’. Federal Operating Permit. Table 1 of the
7. RACT SIPs, Letter dated March 9, 2006 2006 RACT SIP lists four major sources,
1 40 CFR 81.305; 69 FR 23858 at 23884 (April 30, from EPA Region IX (Andrew Steckel) to two of which are landfills (Antelope
2004) (final rule designating and classifying CARB (Kurt Karperos) describing Region IX’s
Valley Public Landfill and Lancaster
Antelope Valley as a Subpart 2/moderate understanding of what constitutes a
nonattainment for the 1997 8-hour ozone NAAQS); minimally acceptable RACT SIP. Landfill), which the District states are
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77 FR 26950 (May 8, 2012) (final rule reclassifying 8. RACT SIPs, Letter dated April 4, 2006
2 AVAQMD separately provided a supplemental
Antelope Valley as severe-15 nonattainment for the from EPA Region IX (Andrew Steckel) to
1997 8-hour ozone NAAQS); and 77 FR 30088 at CARB (Kurt Karperos) listing EPA’s current analysis titled, ‘‘8-Hour Ozone Reasonably
30100 (May 21, 2012) (final rule designating and Available Control Technology (RACT) State
CTGs, ACTs, and other documents which Implementation Plan (SIP) Analysis—Supplemental
classifying Antelope Valley as severe-15
nonattainment for the 2008 8-hour ozone NAAQS).
may help to establish RACT. Analysis’’, dated March 13, 2014, to address the
Antelope Valley AQMD is listed in the final 9. ‘‘Implementation of the 2008 National EPA’s September 11, 2006 comments on the 2006
rulemaking under ‘‘Los Angeles-San Bernardino Ambient Air Quality Standards for Ozone: RACT SIP [hereinafter ‘‘2014 Supplemental
Cos (W Mojave Desert), CA: Los Angeles County State Implementation Plan Requirements’’ Analysis’’].
(part)’’. (80 FR 12264; March 6, 2015). 3 See AVAQMD 2014 Supplemental Analysis.

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90758 Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Proposed Rules

found at http://www2.epa.gov/laws- G. Executive Order 13045: Protection of ENVIRONMENTAL PROTECTION
regulations/laws-and-executive-orders. Children From Environmental Health AGENCY
Risks and Safety Risks
A. Executive Order 12866: Regulatory 40 CFR Part 52
Planning and Review and Executive The EPA interprets Executive Order
Order 13563: Improving Regulation and [EPA–R01–OAR–2016–0552; FRL–9956–50–
13045 as applying only to those Region 1]
Regulatory Review regulatory actions that concern
This action is not a significant environmental health or safety risks that Approval and Promulgation of Air
regulatory action and was therefore not the EPA has reason to believe may Quality Implementation Plans; Maine,
submitted to the Office of Management disproportionately affect children, per New Hampshire, Rhode Island and
and Budget (OMB) for review. the definition of ‘‘covered regulatory Vermont; Interstate Transport of Fine
action’’ in section 2–202 of the Particle and Ozone Air Pollution
B. Paperwork Reduction Act (PRA) Executive Order. This action is not AGENCY: Environmental Protection
subject to Executive Order 13045 Agency (EPA).
This action does not impose an
because it does not impose additional ACTION: Proposed rule.
information collection burden under the
requirements beyond those imposed by
PRA because this action does not
state law. SUMMARY: EPA is proposing to approve
impose additional requirements beyond
State Implementation Plan (SIP)
those imposed by state law. H. Executive Order 13211: Actions That submissions from the Maine Department
C. Regulatory Flexibility Act (RFA) Significantly Affect Energy Supply, of Environmental Protection (ME DEP),
Distribution, or Use the New Hampshire Department of
I certify that this action will not have Environmental Services (NH DES), the
a significant economic impact on a This action is not subject to Executive
Rhode Island Department of
substantial number of small entities Order 13211, because it is not a Environmental Management (RI DEM)
under the RFA. This action will not significant regulatory action under and the Vermont Department of
impose any requirements on small Executive Order 12866. Environmental Conservation (VT DEC).
entities beyond those imposed by state I. National Technology Transfer and These SIP submissions address
law. Advancement Act (NTTAA) provisions of the Clean Air Act that
require each state to submit a SIP to
D. Unfunded Mandates Reform Act address emissions that may adversely
Section 12(d) of the NTTAA directs
(UMRA) affect another state’s air quality through
the EPA to use voluntary consensus
This action does not contain any standards in its regulatory activities interstate transport. The EPA is
unfunded mandate as described in unless to do so would be inconsistent proposing that all four States have
UMRA, 2 U.S.C. 1531–1538, and does with applicable law or otherwise adequate provisions to prohibit in-state
not significantly or uniquely affect small impractical. The EPA believes that this emissions activities from significantly
governments. This action does not action is not subject to the requirements contributing to nonattainment, or
impose additional requirements beyond of section 12(d) of the NTTAA because interfering with the maintenance, of the
1997 ozone National Ambient Air
those imposed by state law. application of those requirements would
Quality Standards (NAAQS) in other
Accordingly, no additional costs to be inconsistent with the CAA.
states, and that Rhode Island and
State, local, or tribal governments, or to
J. Executive Order 12898: Federal Vermont have adequate provisions to
the private sector, will result from this
Actions To Address Environmental prohibit in-state emissions activities
action.
Justice in Minority Populations and from significantly contributing to
E. Executive Order 13132: Federalism Low-Income Population nonattainment, or interfering with
maintenance, of the 1997 fine
This action does not have federalism The EPA lacks the discretionary particulate matter (PM2.5) and 2006
implications. It will not have substantial authority to address environmental PM2.5 NAAQS in other states. The
direct effects on the states, on the justice in this rulemaking. intended effect of this action is to
relationship between the national propose approval of the SIP revisions
government and the states, or on the List of Subjects in 40 CFR Part 52 submitted by Maine, New Hampshire,
distribution of power and Rhode Island, and Vermont. This action
Environmental protection, Air
responsibilities among the various is being taken under the Clean Air Act.
pollution control, Incorporation by
levels of government. DATES: Comments must be received on
reference, Intergovernmental relations,
F. Executive Order 13175: Coordination Nitrogen dioxide, Ozone, Reporting and or before January 17, 2017.
With Indian Tribal Governments recordkeeping requirements, Volatile ADDRESSES: Submit your comments,
organic compounds. identified by docket identification
This action does not have tribal number EPA–R01–OAR–2016–0552, at
implications, as specified in Executive Authority: 42 U.S.C. 7401 et seq. http://www.regulations.gov, or via email
Order 13175, because the SIP is not Dated: December 2, 2016. to Arnold.Anne@EPA.gov. For
approved to apply on any Indian Deborah Jordan, comments submitted at Regulations.gov,
rmajette on DSK2TPTVN1PROD with PROPOSALS

reservation land or in any other area Acting Regional Administrator, Region IX.
follow the online instructions for
where the EPA or an Indian tribe has submitting comments. Once submitted,
[FR Doc. 2016–30179 Filed 12–14–16; 8:45 am]
demonstrated that a tribe has comments cannot be edited or removed
BILLING CODE 6560–50–P
jurisdiction, and will not impose from Regulations.gov. For either manner
substantial direct costs on tribal of submission, the EPA may publish any
governments or preempt tribal law. comment received to its public docket.
Thus, Executive Order 13175 does not Do not submit electronically any
apply to this action. information you consider to be

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Document Created: 2016-12-15 01:10:17
Document Modified: 2016-12-15 01:10:17

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 17, 2017.
Contact		Stanley Tong, EPA Region IX, (415) 947-4122, [email protected]
FR Citation		81 FR 90754
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds