82 FR 14496 - Approval of California Air Plan Revisions, San Joaquin Valley Unified Air Pollution Control District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 53 (March 21, 2017)
Federal Register Volume 82, Issue 53 (March 21, 2017)
| Page Range | 14496-14498 | |
| FR Document | 2017-05056 |
[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)] [Proposed Rules] [Pages 14496-14498] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-05056] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2017-0034; FRL-9958-93-Region 9] Approval of California Air Plan Revisions, San Joaquin Valley Unified Air Pollution Control District AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of oxides of nitrogen (NOX ) and particulate matter (PM) from boilers, steam generators, and process heaters. We are proposing to approve revisions to a local rule to regulate these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action. DATES: Any comments must arrive by April 20, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09- OAR-2017-0034 at http://www.regulations.gov, or via email to Andrew Steckel, Rulemaking Office Chief at [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be removed or edited from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For [[Page 14497]] additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, (415) 947 4126, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA. Table of Contents I. The State's Submittal A. What rule did the State submit? B. Are there other versions of this rule? C. What is the purpose of the submitted rule revision? II. The EPA's Evaluation and Action A. How is the EPA evaluating the rule? B. Does the rule meet the evaluation criteria? C. EPA recommendations to further improve the rule D. Public comment and proposed action III. Incorporation by reference IV. Statutory and Executive Order Reviews I. The State's Submittal A. What rule did the State submit? Table 1 lists the rule addressed by this proposal with the dates that it was adopted by the local air agency and submitted by the California Air Resources Board (CARB). Table 1--Submitted Rule ---------------------------------------------------------------------------------------------------------------- Local agency Rule number Rule title Amended Submitted ---------------------------------------------------------------------------------------------------------------- SJVUAPCD....................... 4307 Boilers, Steam Generators, and 04/21/16 08/22/16 Process Heaters- 2.0 MMBtu/hr to 5.0 MMBtu/hr. ---------------------------------------------------------------------------------------------------------------- On September 27, 2016, the EPA determined that the submittal for SJVUAPCD Rule 4307 met the completeness criteria in 40 CFR part 51 Appendix V, which must be met before formal EPA review. B. Are there other versions of this rule? We approved an earlier version of Rule 4307 into the SIP on February 12, 2015 (80 FR 7803). The SJVUAPCD adopted revisions to the SIP-approved version on April 21, 2016 and CARB submitted them to us on August 22, 2016. C. What is the purpose of the submitted rule revision? NOX helps produce ground-level ozone, smog and PM, which harm human health and the environment. 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 NOX and PM emissions. Rule 4307 contains emission limitations for NOX and PM. It has been revised to require tree nut pasteurizers to be fired using Public Utility Commission quality natural gas or Liquefied Petroleum Gas (LPG). The EPA's technical support document (TSD) has more information about this rule. II. The EPA's Evaluation and Action A. How is the EPA evaluating the rule? SIP rules must be enforceable (see CAA section 110(a)(2)), must not interfere with applicable requirements concerning attainment and reasonable further progress or other CAA requirements (see CAA section 110(l)), and must not modify certain SIP control requirements in nonattainment areas without ensuring equivalent or greater emissions reductions (see CAA section 193). Generally, SIP rules must require Reasonably Available Control Technology (RACT) for each major source of NOX in ozone nonattainment areas classified as moderate or above (see CAA sections 182(b)(2) and 182(f)). The SJVUAPCD regulates an ozone nonattainment area classified as extreme nonattainment for the 8-hour 1997 and 2008 ozone standards (40 CFR 81.305). Therefore, this rule must implement RACT. Additionally, SIP rules must implement Best Available Control Measures (BACM), including Best Available Control Technology (BACT), in serious PM2.5 nonattainment areas (see CAA section 189(b)(1)(B)). The SJVUAPCD regulates a PM2.5 nonattainment area classified as serious nonattainment for the 24-hour PM2.5 standard (40 CFR 81.305). A BACM and BACT evaluation is generally performed in the context of a broader plan. Guidance and policy documents that we use to evaluate enforceability, revision/relaxation and rule stringency requirements for the applicable criteria pollutants include the following: 1. ``State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992). 2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11, 1990). 3. ``Guidance Document for Correcting Common VOC & Other Rule Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook). 4. ``State Implementation Plans; Nitrogen Oxides Supplement to the General Preamble; Clean Air Act Amendments of 1990 Implementation of Title I; Proposed Rule,'' (the NOX Supplement), 57 FR 55620, November 25, 1992. 5. ``Alternative Control Techniques Document- NOX Emissions from Industrial/Commercial/Institutional (ICI) Boilers'' (EPA-453/R-94-022-1994/03, March 1994). 6. ``Determination of Reasonably Available Control Technology and Best Available Retrofit Control Technology for Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters,'' (CARB, July 18, 1991). B. Does the rule meet the evaluation criteria? We believe this rule is consistent with CAA requirements and relevant guidance regarding enforceability, RACT, and SIP revisions. The rule is expanding the exemption for tree-nut pasteurizers to include those fueled on LPG. However, the increased emissions from these sources will be negligible. The TSD has more information on our evaluation. C. EPA Recommendations to Further Improve the Rule The TSD describes additional rule revisions that we recommend for the next time the local agency modifies the rule. D. Public Comment and Proposed Action As authorized in section 110(k)(3) of the Act, the EPA proposes to fully approve the submitted rule because we [[Page 14498]] believe it fulfills all relevant requirements. We will accept comments from the public on this proposal until April 20, 2017. If we take final action to approve the submitted rule, our final action will incorporate this rule into the federally enforceable SIP. III. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the SJVUAPCD rule described in Table 1 of this preamble. The EPA has made, and will continue to make, these materials available through www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this proposed action merely proposes to approve state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and does not provide 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 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: January 13, 2017. Alexis Strauss, Regional Administrator, Region IX. [FR Doc. 2017-05056 Filed 3-20-17; 8:45 am] BILLING CODE 6560-50-P
![14496 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Proposed Rules
docket at http://www.regulations.gov MD. All coordinates reference Datum Dated: March 15, 2017.
and can be viewed by following that NAD 1983. Lonnie P. Harrison, Jr.,
Web site’s instructions. Additionally, if (c) Special local regulations. (1) The Captain, U.S. Coast Guard, Captain of the
you go to the online docket and sign up Coast Guard Patrol Commander may Port Maryland-National Capital Region.
for email alerts, you will be notified forbid and control the movement of all [FR Doc. 2017–05544 Filed 3–20–17; 8:45 am]
when comments are posted or a final vessels and persons, including event BILLING CODE 9110–04–P
rule is published. participants, in the regulated area.
List of Subjects in 33 CFR Part 100 When hailed or signaled by an official
patrol, a vessel or person in the ENVIRONMENTAL PROTECTION
Marine safety, Navigation (water), regulated area shall immediately AGENCY
Reporting and recordkeeping
comply with the directions given.
requirements, Waterways. 40 CFR Part 52
Failure to do so may result in expulsion
For the reasons discussed in the from the area, citation for failure to [EPA–R09–OAR–2017–0034; FRL–9958–93–
preamble, the Coast Guard proposes to comply, or both. The Coast Guard Patrol Region 9]
amend 33 CFR part 100 as follows: Commander may terminate the event, or
the operation of any support vessel Approval of California Air Plan
PART 100—SAFETY OF LIFE ON Revisions, San Joaquin Valley Unified
participating in the event, at any time it
NAVIGABLE WATERS Air Pollution Control District
is deemed necessary for the protection
■ 1. The authority citation for part 100 of life or property. AGENCY: Environmental Protection
continues to read as follows: (2) Except for participants and vessels Agency (EPA).
Authority: 33 U.S.C. 1233. already at berth, all persons and vessels ACTION: Proposed rule.
within the regulated area at the time it
■ 2. Add § 100.35–T05–0168 to read as is implemented shall depart the SUMMARY: The Environmental Protection
follows: regulated area. Agency (EPA) is proposing to approve a
§ 100.501–T05–0168 Special Local (3) Persons and vessels desiring to revision to the San Joaquin Valley
Regulation; Corsica River, Queen Anne’s transit, moor, or anchor within the Unified Air Pollution Control District
County, MD. regulated area must obtain authorization (SJVUAPCD) portion of the California
(a) Definitions. (1) Captain of the Port from Captain of the Port Maryland- State Implementation Plan (SIP). This
Maryland-National Capital Region National Capital Region or Coast Guard revision concerns emissions of oxides of
means the Commander, U.S. Coast Patrol Commander. Prior to the nitrogen (NOX) and particulate matter
Guard Sector Maryland-National Capital enforcement period, vessel operators (PM) from boilers, steam generators, and
Region or any Coast Guard may request permission to transit, moor, process heaters. We are proposing to
commissioned, warrant or petty officer or anchor within the regulated area from approve revisions to a local rule to
who has been authorized by the Captain Captain of the Port Maryland-National regulate these emission sources under
of the Port to act on his behalf. Capital Region at telephone number the Clean Air Act (CAA or the Act). We
(2) Coast Guard Patrol Commander 410–576–2693 or on Marine Band are taking comments on this proposal
means a commissioned, warrant, or Radio, VHF–FM channel 16 (156.8 and plan to follow with a final action.
petty officer of the U.S. Coast Guard MHz). During the enforcement period, DATES: Any comments must arrive by
who has been designated by the persons or vessel operators may request April 20, 2017.
Commander, Coast Guard Sector permission to transit, moor, or anchor ADDRESSES: Submit your comments,
Maryland-National Capital Region. within the regulated area from the Coast identified by Docket ID No. EPA–R09–
(3) Official Patrol means any vessel Guard Patrol Commander on Marine OAR–2017–0034 at http://
assigned or approved by Commander, Band Radio, VHF–FM channel 16 (156.8 www.regulations.gov, or via email to
Coast Guard Sector Maryland-National MHz). Andrew Steckel, Rulemaking Office
Capital Region with a commissioned, (4) The Coast Guard may be assisted Chief at Steckel.Andrew@epa.gov. For
warrant, or petty officer on board and with marine event patrol and comments submitted at Regulations.gov,
displaying a Coast Guard ensign. enforcement of the regulated area by follow the online instructions for
(4) Participant means all persons and other Federal, State, and local agencies. submitting comments. Once submitted,
vessels participating in The Gunston The Coast Guard Patrol Commander and comments cannot be removed or edited
Invitational event under the auspices of official patrol vessels enforcing this from Regulations.gov. For either manner
the Marine Event Permit issued to the regulated area can be contacted on of submission, the EPA may publish any
event sponsor and approved by marine band radio VHF–FM channel 16 comment received to its public docket.
Commander, Coast Guard Sector (156.8 MHz) and channel 22A (157.1 Do not submit electronically any
Maryland-National Capital Region. MHz). information you consider to be
(b) Regulated area. The following Confidential Business Information (CBI)
location is a regulated area: All (5) The Coast Guard will publish a or other information whose disclosure is
navigable waters of the Corsica River, notice in the Fifth Coast Guard District restricted by statute. Multimedia
from shoreline to shoreline, within an Local Notice to Mariners and issue a submissions (audio, video, etc.) must be
area bounded on the east by a line marine information broadcast on VHF– accompanied by a written comment.
mstockstill on DSK3G9T082PROD with PROPOSALS
drawn from latitude 39°04′32″ N., FM marine band radio announcing The written comment is considered the
longitude 076°05′20″ W., thence south specific event date and times. official comment and should include
to latitude 39°04′07″ N., longitude (d) Enforcement period. This section discussion of all points you wish to
076°05′20″ W., and bounded on the west will be enforced from 7:30 a.m. until make. The EPA will generally not
by a line drawn from latitude 39°04′59″ 2:30 p.m. on April 22, 2017, and if consider comments or comment
N., longitude 076°06′30″ W., thence necessary, due to inclement weather, contents located outside of the primary
south to latitude 39°04′44″ N., longitude from 7:30 a.m. until 2:30 p.m. on April submission (i.e. on the web, cloud, or
076°06′30″ W., located near Centreville, 23, 2017. other file sharing system). For
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![14498 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Proposed Rules
believe it fulfills all relevant • is not a significant regulatory action and new and in-use off-road vehicles
requirements. We will accept comments subject to Executive Order 13211 (66 FR and engines. The EPA is proposing to
from the public on this proposal until 28355, May 22, 2001); approve these regulations because the
April 20, 2017. If we take final action to • is not subject to requirements of regulations meet the applicable
approve the submitted rule, our final Section 12(d) of the National requirements of the Clean Air Act.
action will incorporate this rule into the Technology Transfer and Advancement Approval of the regulations as part of
federally enforceable SIP. Act of 1995 (15 U.S.C. 272 note) because the California SIP would make them
application of those requirements would federally enforceable.
III. Incorporation by Reference
be inconsistent with the Clean Air Act; DATES: Any comments on this proposal
In this rule, the EPA is proposing to and must arrive by April 20, 2017.
include in a final EPA rule regulatory • does not provide the EPA with the ADDRESSES: Submit your comments,
text that includes incorporation by discretionary authority to address identified by Docket ID No. EPA–R09–
reference. In accordance with disproportionate human health or OAR–2017–0043 at http://
requirements of 1 CFR 51.5, the EPA is environmental effects with practical, www.regulations.gov, or via email to
proposing to incorporate by reference appropriate, and legally permissible John Ungvarsky, Planning Office at
the SJVUAPCD rule described in Table methods under Executive Order 12898 Ungvarsky.john@epa.gov. For comments
1 of this preamble. The EPA has made, (59 FR 7629, February 16, 1994). submitted at Regulations.gov, follow the
and will continue to make, these In addition, the SIP is not approved to online instructions for submitting
materials available through apply on any Indian reservation land or comments. Once submitted, comments
www.regulations.gov and at the EPA in any other area where the EPA or an cannot be removed or edited from
Region IX Office (please contact the Indian tribe has demonstrated that a Regulations.gov. For either manner of
person identified in the FOR FURTHER tribe has jurisdiction. In those areas of submission, the EPA may publish any
INFORMATION CONTACT section of this Indian country, the rule does not have comment received to its public docket.
preamble for more information). tribal implications and will not impose Do not submit electronically any
IV. Statutory and Executive Order substantial direct costs on tribal information you consider to be
Reviews governments or preempt tribal law as Confidential Business Information (CBI)
specified by Executive Order 13175 (65 or other information whose disclosure is
Under the Clean Air Act, the restricted by statute. Multimedia
FR 67249, November 9, 2000).
Administrator is required to approve a submissions (audio, video, etc.) must be
SIP submission that complies with the List of Subjects in 40 CFR Part 52 accompanied by a written comment.
provisions of the Act and applicable Environmental protection, Air The written comment is considered the
federal regulations. 42 U.S.C. 7410(k); pollution control, Carbon monoxide, official comment and should include
40 CFR 52.02(a). Thus, in reviewing SIP Incorporation by reference, discussion of all points you wish to
submissions, the EPA’s role is to Intergovernmental relations, Nitrogen make. The EPA will generally not
approve state choices, provided that dioxide, Ozone, Particulate matter, consider comments or comment
they meet the criteria of the Clean Air Reporting and recordkeeping contents located outside of the primary
Act. Accordingly, this proposed action requirements. submission (i.e., on the web, cloud, or
merely proposes to approve state law as other file sharing system). For
meeting federal requirements and does Authority: 42 U.S.C. 7401 et seq.
additional submission methods, please
not impose additional requirements Dated: January 13, 2017. contact the person identified in the FOR
beyond those imposed by state law. For Alexis Strauss, FURTHER INFORMATION CONTACT section.
that reason, this proposed action: Regional Administrator, Region IX. For the full EPA public comment policy,
• Is not a ‘‘significant regulatory [FR Doc. 2017–05056 Filed 3–20–17; 8:45 am] information about CBI or multimedia
action’’ subject to review by the Office BILLING CODE 6560–50–P submissions, and general guidance on
of Management and Budget under making effective comments, please visit
Executive Order 12866 (58 FR 51735, http://www2.epa.gov/dockets/
October 4, 1993); ENVIRONMENTAL PROTECTION commenting-epa-dockets.
• does not impose an information AGENCY FOR FURTHER INFORMATION CONTACT: John
collection burden under the provisions
of the Paperwork Reduction Act (44 Ungvarsky, EPA Region IX, (415) 972–
40 CFR Part 52
U.S.C. 3501 et seq.); 3963, Ungvarsky.john@epa.gov.
• is certified as not having a [EPA–R09–OAR–2017–0043; FRL–9958–99– SUPPLEMENTARY INFORMATION:
Region 9] Throughout this document, ‘‘we,’’ ‘‘us’’
significant economic impact on a
substantial number of small entities and ‘‘our’’ refer to the EPA. This
Approval and Promulgation of proposal addresses California Air
under the Regulatory Flexibility Act (5 Implementation Plans; California;
U.S.C. 601 et seq.); Resources Board regulations
California Mobile Source Regulations
• does not contain any unfunded establishing standards and other
mandate or significantly or uniquely AGENCY: Environmental Protection requirements relating to the control of
affect small governments, as described Agency (EPA). emissions from new on-road and new
in the Unfunded Mandates Reform Act ACTION: Proposed rule. and in-use off-road vehicles and
of 1995 (Pub. L. 104–4); engines. In the Rules and Regulations
mstockstill on DSK3G9T082PROD with PROPOSALS
• does not have Federalism SUMMARY: The Environmental Protection section of this Federal Register, we are
implications as specified in Executive Agency (EPA) is proposing to approve a approving these regulations in a direct
Order 13132 (64 FR 43255, August 10, revision to the California State final action without prior proposal
1999); Implementation Plan (SIP) consisting of because we believe this SIP revision is
• is not an economically significant California Air Resources Board not controversial. If we receive adverse
regulatory action based on health or regulations establishing standards and comments, however, we will publish a
safety risks subject to Executive Order other requirements relating to the timely withdrawal of the direct final
13045 (62 FR 19885, April 23, 1997); control of emissions from new on-road rule and address the comments in
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Document Created: 2017-03-21 01:09:44
Document Modified: 2017-03-21 01:09:44
| 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 April 20, 2017. | |
| Contact | Nicole Law, EPA Region IX, (415) 947 4126, [email protected] | |
| FR Citation | 82 FR 14496 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter and Reporting and Recordkeeping Requirements |
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