82_FR_26103 82 FR 25996 - Approval of California Air Plan Revisions, South Coast Air Quality Management District

82 FR 25996 - Approval of California Air Plan Revisions, South Coast Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 107 (June 6, 2017)

Page Range25996-25999
FR Document2017-11681

The Environmental Protection Agency (EPA) is proposing to approve revisions to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). These revisions concern emissions of oxides of nitrogen (NO<INF>X</INF>) from facilities that emit four or more tons per year of NO<INF>X</INF> or oxides of sulfur (SO<INF>X</INF>). 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 82 Issue 107 (Tuesday, June 6, 2017)
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Proposed Rules]
[Pages 25996-25999]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11681]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0259; FRL-9963-32-Region 9]


Approval of California Air Plan Revisions, South Coast Air 
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the South Coast Air Quality Management District 
(SCAQMD) portion of the California State Implementation Plan (SIP). 
These revisions concern emissions of oxides of nitrogen 
(NOX) from facilities that emit four or more tons per year 
of NOX or oxides of sulfur (SOX). We are 
proposing to approve local rules to regulate these emission

[[Page 25997]]

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 July 6, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0259 at https://www.regulations.gov, or via email to Andrew 
Steckel, Rulemaking Office Chief at [email protected]. For 
comments submitted at Regulations.gov, follow the online instructions 
for submitting comments. Once submitted, comments cannot be removed or 
edited from Regulations.gov. For either manner of submission, the EPA 
may publish any comment received to its public docket. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e., on the Web, 
cloud, or other file sharing system). For additional submission 
methods, please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, (415) 947-
4126, [email protected].

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

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rule revisions?
II. The EPA's Evaluation and Proposed Action
    A. How is the EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. 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
----------------------------------------------------------------------------------------------------------------
SCAQMD..................  2001............................  Applicability.......        12/04/15        03/17/17
SCAQMD..................  2002............................  Allocations for NOX         10/07/16        03/17/17
                                                             and SOX.
SCAQMD..................  2005............................  New Source Review           12/04/15        03/17/17
                                                             for Regional Clean
                                                             Air Incentives
                                                             Market.
SCAQMD..................  2011: Attachment C..............  Requirements for            12/04/15        03/17/17
                                                             Monitoring,
                                                             Reporting, and
                                                             Recordkeeping for
                                                             SOX Emissions:
                                                             Quality Assurance
                                                             and Quality Control
                                                             Procedures.
SCAQMD..................  2011: Chapter 3.................  Requirements for            12/04/15        03/17/17
                                                             Monitoring,
                                                             Reporting, and
                                                             Recordkeeping for
                                                             SOX Emissions:
                                                             Process Units--
                                                             Periodic Reporting
                                                             and Rule 219
                                                             Equipment.
SCAQMD..................  2012: Attachment C..............  Requirements for            12/04/15        03/17/17
                                                             Monitoring,
                                                             Reporting, and
                                                             Recordkeeping for
                                                             NOX Emissions:
                                                             Quality Assurance
                                                             and Quality Control
                                                             Procedures.
SCAQMD..................  2012: Chapter 4.................  Requirements for            12/04/15        03/17/17
                                                             Monitoring,
                                                             Reporting, and
                                                             Recordkeeping for
                                                             NOX Emissions:
                                                             Process Units--
                                                             Periodic Reporting
                                                             and Rule 219
                                                             Equipment.
SCAQMD..................  2011: Attachment E..............  Requirements for            02/05/16        03/17/17
                                                             Monitoring,
                                                             Reporting, and
                                                             Recordkeeping for
                                                             SOX Emissions:
                                                             Definitions.
SCAQMD..................  2012: Attachment F..............  Requirements for            02/05/16        03/17/17
                                                             Monitoring,
                                                             Reporting, and
                                                             Recordkeeping for
                                                             NOX Emissions:
                                                             Definitions.
----------------------------------------------------------------------------------------------------------------

    On April 17, 2017, the EPA determined that the submittal for SCAQMD 
Rule 2001; SCAQMD Rule 2002; SCAQMD Rule 2005; SCAQMD Rule 2011, 
Attachment C; SCAQMD Rule 2011, Chapter 3; SCAQMD Rule 2012, Attachment 
C; SCAQMD Rule 2012, Chapter 4; SCAQMD Rule 2011, Attachment E; and 
SCAQMD Rule 2012, Attachment F 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?

    We approved earlier versions of Rule 2001; Rule 2011, Attachment C; 
Rule 2011, Chapter 3; Rule 2012, Attachment C; Rule 2012, Chapter 4; 
Rule 2011, Attachment E; and Rule 2012, Attachment F into the SIP on 
August 29, 2006 (71 FR 51120). The SCAQMD adopted revisions to the SIP-
approved versions of these rules on May 6, 2005 and CARB submitted them 
to us on October 20, 2005. We approved earlier versions of Rule 2002 
and Rule 2005 into the SIP on August 12, 2011 (76 FR 50128) and on 
December 20, 2011 (76 FR 78829). The SCAQMD adopted revisions to the 
SIP-approved versions of these rules on November 5, 2010 and June 3, 
2011 and CARB submitted them to us on April 5, 2011 and September 27, 
2011. We are acting on only the most recently submitted versions of 
these rules but have reviewed materials provided with previous 
submittals.

C. What is the purpose of the submitted rule revisions?

    NOx contributes to the formation of ground-level ozone, 
smog and particulate matter (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.

[[Page 25998]]

Section 110(a) of the CAA requires states to submit regulations that 
control NOx and PM emissions. SCAQMD's Regional Clean Air 
Incentives Market (RECLAIM) program consists of SCAQMD Rules 2000 
through 2020. The RECLAIM amendments adopted in 2015 and 2016 were 
revisions to Rules 2001; 2002; 2005; 2011, Attachment C; 2011, Chapter 
3; 2012, Attachment C; 2012, Chapter 4; 2011, Attachment E; and 2012, 
Attachment F. The primary purposes of these amendments to RECLAIM were 
to lower the NOx emission cap in the RECLAIM program to 
achieve additional emission reductions, to allow electric generating 
facilities (EGFs) to exit RECLAIM, to add provisions regarding facility 
shutdowns, to create a Regional New Source Review (NSR) Holding Account 
for existing electricity generating facilities constructed after 1993, 
and to implement other administrative and clarifying changes. The EPA's 
technical support document (TSD) has more information about these 
rules.

II. The EPA's Evaluation and Proposed Action

A. How is the EPA evaluating the rules?

    Generally, 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). Because the 
submittal contains SIP rules that are part of an economic incentive 
program (EIP) and that address certain requirements of the 
nonattainment NSR program, we also evaluated the rule revisions in 
accordance with the EPA's requirements and recommendations for EIPs and 
NSR programs.
    Additionally, SIP rules must require Reasonably Available Control 
Technology (RACT) for each major source of NOx in ozone 
nonattainment areas classified as moderate or above (see CAA sections 
182(b)(2) and 182(f)). The SCAQMD regulates an ozone nonattainment area 
classified as extreme for the 1997 8-hour ozone and 2008 8-hour ozone 
standards (40 CFR 81.305). Because the RECLAIM program applies to major 
sources of NOx emissions, these rules must implement RACT. 
SIP rules must also implement Reasonably Available Control Measures 
(RACM), including RACT, in moderate and above PM2.5 
nonattainment areas (see CAA sections 172(c)(1) and 189(a)(1)(C)) and 
must implement Best Available Control Measures (BACM), including Best 
Available Control Technology (BACT), in serious PM2.5 
nonattainment areas (see CAA section 189(b)(1)(B)). The SCAQMD 
regulates a PM2.5 nonattainment area classified as serious 
for the 2006 24-hour PM2.5 NAAQS and as moderate for the 
1997 and 2012 PM2.5 NAAQS (40 CFR 81.305). We generally 
evaluate submitted SIPs for RACM and BACM purposes as part of our 
action on an attainment plan as a whole.
    Guidance and policy documents that we use to evaluate 
enforceability, SIP revisions, rule stringency requirements, and EIP 
recommendations 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. ``Improving Air Quality with Economic Incentive Programs,'' 
EPA-452/R-01-001, EPA OAR, January 2001.

B. Do the rules meet the evaluation criteria?

    We propose to find that the revised RECLAIM regulations satisfy the 
applicable CAA requirements for enforceability, NSR, SIP revisions, and 
economic incentive programs. In order to prevent NOx RECLAIM 
trading credits (RTCs) associated with facilities that have shut down 
from entering the RECLAIM market and potentially delaying the 
installation of pollution controls at other RECLAIM facilities, the 
revised regulations establish criteria for determining a facility 
shutdown and the methodology for calculating the amount of 
NOx RTCs by which that facility's future RTC holdings will 
be reduced. These revisions are projected to reduce NOx 
emissions from RECLAIM sources by 12 tons per day by 2023.
    In addition, the revised regulations allow certain electric 
generating facilities to use RTCs held in a ``Regional NSR Holding 
Account'' to satisfy the NSR offset requirements specified in Rule 
2005(f) but do not alter the existing requirement for all sources to 
hold RTCs in amounts equal to the amounts of required offsets.
    The revised rules are projected to achieve significant 
environmental benefits and would not interfere with applicable 
requirements concerning attainment and reasonable further progress or 
other CAA requirements. The TSD has more information on our evaluation.
    We are not reviewing the submitted rule revisions with respect to 
RACT requirements at this time because the District has not yet 
submitted an evaluation of the revised program in accordance with RACT 
requirements. Following the District's submission of a RACT evaluation 
for the revised RECLAIM rules, we intend to publish a separate proposed 
rule providing our evaluation of the program in accordance with RACT 
requirements and seeking public comment on that evaluation.

C. Public Comment and Proposed Action

    The EPA is proposing to fully approve the submitted rules under 
section 110(k)(3) of the Act based on our conclusion that they satisfy 
the applicable CAA requirements for enforceability, NSR, SIP revisions, 
and economic incentive programs. We will accept comments from the 
public on this proposal until July 6, 2017. If we take final action to 
approve the submitted rules, our final action will incorporate these 
rules into the federally enforceable SIP.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the SCAQMD rules described in Table 1 of this preamble. The 
EPA has made, and will continue to make, these materials available 
through www.regulations.gov and at the EPA Region IX Office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, 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

[[Page 25999]]

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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements.

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

    Dated: May 17, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-11681 Filed 6-5-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                    25996                     Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Proposed Rules

                                                    areas unless the area fails to attain the               D. Unfunded Mandates Reform Act                        I. National Technology Transfer and
                                                    standard by the extended Moderate area                  (UMRA)                                                 Advancement Act (NTTAA)
                                                    attainment date and the area is                                                                                   This rulemaking does not involve
                                                    reclassified to a Serious PM2.5                           This action does not contain any
                                                                                                            unfunded mandate as described in                       technical standards. This action merely
                                                    nonattainment area. Consistent with                                                                            approves a state request for an
                                                    CAA section 188(b)(2), the EPA will                     UMRA, 2 U.S.C. 1531–1538, and does
                                                                                                                                                                   attainment date extension.
                                                    determine whether the area attained the                 not significantly or uniquely affect small
                                                    standard within six months following                    governments. This action does not                      J. Executive Order 12898: Federal
                                                    the applicable attainment date.                         impose additional requirements beyond                  Actions To Address Environmental
                                                                                                            those imposed by state law.                            Justice in Minority Populations and
                                                       This action is not a redesignation to                                                                       Low-Income Population
                                                                                                            Accordingly, no additional costs to
                                                    attainment under CAA section
                                                                                                            state, local, or tribal governments, or to                The EPA believes that this action does
                                                    107(d)(3)(E). Utah and Idaho are not
                                                                                                            the private sector, will result from this              not have disproportionately high and
                                                    currently attaining the NAAQS and
                                                                                                            action.                                                adverse human health or environmental
                                                    have not submitted maintenance plans
                                                    as required under section 175(A) of the                 E. Executive Order 13132: Federalism                   effects on minority populations, low-
                                                    CAA or met the other statutory                                                                                 income populations and/or indigenous
                                                    requirements for redesignation to                         This action does not have federalism                 peoples, as specified in Executive Order
                                                                                                            implications. It will not have substantial             12898 (59 FR 7629, February 16, 1994).
                                                    attainment. The designation status in 40
                                                                                                            direct effects on the states, on the                   This action approves a state request for
                                                    CFR part 81 will remain a Moderate
                                                                                                            relationship between the national                      an attainment date extension based on
                                                    nonattainment area until such time as
                                                                                                            government and the states, or on the                   the state’s compliance with
                                                    Utah and Idaho meet the CAA
                                                                                                            distribution of power and                              requirements and commitments in its
                                                    requirements for redesignation to
                                                                                                            responsibilities among the various                     plan and recent air quality monitoring
                                                    attainment or the area is reclassified to
                                                                                                            levels of government. Pursuant to the                  data that meets requirements for an
                                                    Serious.
                                                                                                            CAA, this action merely approves a state               extension.
                                                    V. Statutory and Executive Order                        request for an attainment date                         List of Subjects in 40 CFR Part 52
                                                    Reviews                                                 extension.                                               Environmental protection, Air
                                                      Additional information about these                    F. Executive Order 13175: Coordination                 pollution control, Ammonia,
                                                    statutes and Executive Orders can be                    With Indian Tribal Governments                         Incorporation by reference,
                                                    found at http://www2.epa.gov/laws-                                                                             Intergovernmental relations, Nitrogen
                                                    regulations/laws-and-executive-orders.                    This action does not have tribal                     dioxide, Particulate matter, Reporting
                                                                                                            implications, as specified in Executive                and recordkeeping requirements, Sulfur
                                                    A. Executive Order 12866: Regulatory                    Order 13175. No tribal areas are located               dioxide, Volatile organic compounds.
                                                    Planning and Review and Executive                       in the nonattainment area that will be
                                                    Order 13563: Improving Regulation and                                                                            Authority: 42 U.S.C. 7401 et seq.
                                                                                                            receiving an attainment date extension.
                                                    Regulatory Review                                                                                                Dated: May 25, 2017.
                                                                                                            The CAA and the Tribal Authority Rule
                                                                                                            establish the relationship of the federal              Debra H. Thomas,
                                                      This action is not a significant
                                                                                                            government and tribes in developing                    Acting Regional Administrator, Region 8.
                                                    regulatory action and therefore is not
                                                                                                            plans to attain the NAAQS, and this rule               [FR Doc. 2017–11686 Filed 6–5–17; 8:45 am]
                                                    subject to review by the Office of
                                                    Management and Budget (OMB). This                       does nothing to modify that                            BILLING CODE 6560–50–P

                                                    proposed action merely approves a state                 relationship. Thus, Executive Order
                                                    request as meeting federal requirements                 13175 does not apply to this action.
                                                                                                                                                                   ENVIRONMENTAL PROTECTION
                                                    and imposes no new requirements.                        G. Executive Order 13045: Protection of                AGENCY
                                                    B. Paperwork Reduction Act (PRA)                        Children From Environmental Health
                                                                                                            Risks and Safety Risks                                 40 CFR Part 52
                                                       This action does not impose any                                                                             [EPA–R09–OAR–2017–0259; FRL–9963–32–
                                                    additional information collection                         This action is not subject to Executive
                                                                                                                                                                   Region 9]
                                                    burden under the provisions of the PRA,                 Order 13045 because it is not
                                                    44 U.S.C. 3501 et seq. This action                      economically significant as defined in                 Approval of California Air Plan
                                                    merely approves a state request for an                  Executive Order 12866, and because the                 Revisions, South Coast Air Quality
                                                    attainment date extension, and this                     EPA does not believe any environmental                 Management District
                                                    action does not impose additional                       health or safety risks addressed by this
                                                    requirements beyond those imposed by                    action present a disproportionate risk to              AGENCY:  Environmental Protection
                                                    state law.                                              children. This action merely approves a                Agency (EPA).
                                                                                                            state request for an attainment date                   ACTION: Proposed rule.
                                                    C. Regulatory Flexibility Act (RFA)                     extension and it does not impose
                                                                                                                                                                   SUMMARY:   The Environmental Protection
                                                       I certify that this action will not have             additional requirements beyond those                   Agency (EPA) is proposing to approve
                                                    a significant economic impact on a                      imposed by state law.                                  revisions to the South Coast Air Quality
mstockstill on DSK30JT082PROD with PROPOSALS




                                                    substantial number of small entities                    H. Executive Order 13211: Actions That                 Management District (SCAQMD) portion
                                                    under the RFA. This action will not                     Significantly Affect Energy Supply,                    of the California State Implementation
                                                    impose any requirements on small                        Distribution, or Use                                   Plan (SIP). These revisions concern
                                                    entities beyond those imposed by state                                                                         emissions of oxides of nitrogen (NOX)
                                                    law. Approval of a state’s request for an                 This action is not subject to Executive              from facilities that emit four or more
                                                    attainment date extension does not                      Order 13211, because it is not a                       tons per year of NOX or oxides of sulfur
                                                    create any new requirements and does                    significant regulatory action under                    (SOX). We are proposing to approve
                                                    not directly regulate any entities.                     Executive Order 12866.                                 local rules to regulate these emission


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                                                                                    Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Proposed Rules                                                                             25997

                                                    sources under the Clean Air Act (CAA                                   accompanied by a written comment.                                          Table of Contents
                                                    or the Act). We are taking comments on                                 The written comment is considered the
                                                                                                                                                                                                      I. The State’s Submittal
                                                    this proposal and plan to follow with a                                official comment and should include                                           A. What rules did the State submit?
                                                    final action.                                                          discussion of all points you wish to                                          B. Are there other versions of these rules?
                                                    DATES: Any comments must arrive by                                     make. The EPA will generally not                                              C. What is the purpose of the submitted
                                                    July 6, 2017.                                                          consider comments or comment                                                     rule revisions?
                                                    ADDRESSES: Submit your comments,                                       contents located outside of the primary                                    II. The EPA’s Evaluation and Proposed
                                                    identified by Docket ID No. EPA–R09–                                   submission (i.e., on the Web, cloud, or                                          Action
                                                    OAR–2017–0259 at https://                                              other file sharing system). For                                               A. How is the EPA evaluating the rules?
                                                    www.regulations.gov, or via email to                                   additional submission methods, please                                         B. Do the rules meet the evaluation
                                                    Andrew Steckel, Rulemaking Office                                      contact the person identified in the FOR                                         criteria?
                                                    Chief at Steckel.Andrew@epa.gov. For                                   FURTHER INFORMATION CONTACT section.                                          C. Public Comment and Proposed Action
                                                    comments submitted at Regulations.gov,                                 For the full EPA public comment policy,                                    III. Incorporation by Reference
                                                    follow the online instructions for                                     information about CBI or multimedia                                        IV. Statutory and Executive Order Reviews
                                                    submitting comments. Once submitted,                                   submissions, and general guidance on
                                                    comments cannot be removed or edited                                   making effective comments, please visit                                    I. The State’s Submittal
                                                    from Regulations.gov. For either manner                                https://www2.epa.gov/dockets/                                              A. What rules did the State submit?
                                                    of submission, the EPA may publish any                                 commenting-epa-dockets.
                                                    comment received to its public docket.                                                                                                              Table 1 lists the rules addressed by
                                                                                                                           FOR FURTHER INFORMATION CONTACT:
                                                    Do not submit electronically any                                                                                                                  this proposal with the dates that they
                                                                                                                           Nicole Law, EPA Region IX, (415) 947–
                                                    information you consider to be                                                                                                                    were adopted by the local air agency
                                                                                                                           4126, Law.Nicole@epa.gov.
                                                    Confidential Business Information (CBI)                                                                                                           and submitted by the California Air
                                                    or other information whose disclosure is                               SUPPLEMENTARY INFORMATION:                                                 Resources Board (CARB).
                                                    restricted by statute. Multimedia                                      Throughout this document, ‘‘we,’’ ‘‘us’’
                                                    submissions (audio, video, etc.) must be                               and ‘‘our’’ refer to the EPA.

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

                                                    SCAQMD      .......     2001    ..........................   Applicability ..........................................................................................     12/04/15       03/17/17
                                                    SCAQMD      .......     2002    ..........................   Allocations for NOX and SOX ..............................................................                   10/07/16       03/17/17
                                                    SCAQMD      .......     2005    ..........................   New Source Review for Regional Clean Air Incentives Market .........                                         12/04/15       03/17/17
                                                    SCAQMD      .......     2011:   Attachment C ..              Requirements for Monitoring, Reporting, and Recordkeeping for                                                12/04/15       03/17/17
                                                                                                                    SOX Emissions: Quality Assurance and Quality Control Proce-
                                                                                                                    dures.
                                                    SCAQMD .......          2011: Chapter 3 ........             Requirements for Monitoring, Reporting, and Recordkeeping for                                                12/04/15       03/17/17
                                                                                                                    SOX Emissions: Process Units—Periodic Reporting and Rule 219
                                                                                                                    Equipment.
                                                    SCAQMD .......          2012: Attachment C ..                Requirements for Monitoring, Reporting, and Recordkeeping for                                                12/04/15       03/17/17
                                                                                                                    NOX Emissions: Quality Assurance and Quality Control Proce-
                                                                                                                   dures.
                                                    SCAQMD .......          2012: Chapter 4 ........             Requirements for Monitoring, Reporting, and Recordkeeping for                                                12/04/15       03/17/17
                                                                                                                    NOX Emissions: Process Units—Periodic Reporting and Rule 219
                                                                                                                   Equipment.
                                                    SCAQMD .......          2011: Attachment E ..                Requirements for Monitoring, Reporting, and Recordkeeping for                                                02/05/16       03/17/17
                                                                                                                    SOX Emissions: Definitions.
                                                    SCAQMD .......          2012: Attachment F ...               Requirements for Monitoring, Reporting, and Recordkeeping for                                                02/05/16       03/17/17
                                                                                                                    NOX Emissions: Definitions.



                                                      On April 17, 2017, the EPA                                           C; Rule 2012, Chapter 4; Rule 2011,                                        rules but have reviewed materials
                                                    determined that the submittal for                                      Attachment E; and Rule 2012,                                               provided with previous submittals.
                                                    SCAQMD Rule 2001; SCAQMD Rule                                          Attachment F into the SIP on August 29,                                    C. What is the purpose of the submitted
                                                    2002; SCAQMD Rule 2005; SCAQMD                                         2006 (71 FR 51120). The SCAQMD                                             rule revisions?
                                                    Rule 2011, Attachment C; SCAQMD                                        adopted revisions to the SIP-approved
                                                    Rule 2011, Chapter 3; SCAQMD Rule                                      versions of these rules on May 6, 2005                                       NOx contributes to the formation of
                                                    2012, Attachment C; SCAQMD Rule                                        and CARB submitted them to us on                                           ground-level ozone, smog and
                                                    2012, Chapter 4; SCAQMD Rule 2011,                                     October 20, 2005. We approved earlier                                      particulate matter (PM), which harm
                                                    Attachment E; and SCAQMD Rule 2012,                                    versions of Rule 2002 and Rule 2005                                        human health and the environment. PM,
                                                    Attachment F met the completeness                                      into the SIP on August 12, 2011 (76 FR                                     including PM equal to or less than 2.5
                                                    criteria in 40 CFR part 51 Appendix V,                                 50128) and on December 20, 2011 (76                                        microns in diameter (PM2.5) and PM
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                                                    which must be met before formal EPA                                    FR 78829). The SCAQMD adopted                                              equal to or less than 10 microns in
                                                    review.                                                                                                                                           diameter (PM10), contributes to effects
                                                                                                                           revisions to the SIP-approved versions
                                                    B. Are there other versions of these                                   of these rules on November 5, 2010 and                                     that are harmful to human health and
                                                    rules?                                                                 June 3, 2011 and CARB submitted them                                       the environment, including premature
                                                                                                                           to us on April 5, 2011 and September                                       mortality, aggravation of respiratory and
                                                      We approved earlier versions of Rule                                 27, 2011. We are acting on only the most                                   cardiovascular disease, decreased lung
                                                    2001; Rule 2011, Attachment C; Rule                                                                                                               function, visibility impairment, and
                                                                                                                           recently submitted versions of these
                                                    2011, Chapter 3; Rule 2012, Attachment                                                                                                            damage to vegetation and ecosystems.


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                                                    25998                     Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Proposed Rules

                                                    Section 110(a) of the CAA requires                      must implement Best Available Control                     The revised rules are projected to
                                                    states to submit regulations that control               Measures (BACM), including Best                        achieve significant environmental
                                                    NOx and PM emissions. SCAQMD’s                          Available Control Technology (BACT),                   benefits and would not interfere with
                                                    Regional Clean Air Incentives Market                    in serious PM2.5 nonattainment areas                   applicable requirements concerning
                                                    (RECLAIM) program consists of                           (see CAA section 189(b)(1)(B)). The                    attainment and reasonable further
                                                    SCAQMD Rules 2000 through 2020. The                     SCAQMD regulates a PM2.5                               progress or other CAA requirements.
                                                    RECLAIM amendments adopted in 2015                      nonattainment area classified as serious               The TSD has more information on our
                                                    and 2016 were revisions to Rules 2001;                  for the 2006 24-hour PM2.5 NAAQS and                   evaluation.
                                                    2002; 2005; 2011, Attachment C; 2011,                   as moderate for the 1997 and 2012 PM2.5                   We are not reviewing the submitted
                                                    Chapter 3; 2012, Attachment C; 2012,                    NAAQS (40 CFR 81.305). We generally                    rule revisions with respect to RACT
                                                    Chapter 4; 2011, Attachment E; and                      evaluate submitted SIPs for RACM and                   requirements at this time because the
                                                    2012, Attachment F. The primary                         BACM purposes as part of our action on                 District has not yet submitted an
                                                    purposes of these amendments to                         an attainment plan as a whole.                         evaluation of the revised program in
                                                    RECLAIM were to lower the NOx                             Guidance and policy documents that                   accordance with RACT requirements.
                                                    emission cap in the RECLAIM program                     we use to evaluate enforceability, SIP                 Following the District’s submission of a
                                                    to achieve additional emission                          revisions, rule stringency requirements,               RACT evaluation for the revised
                                                    reductions, to allow electric generating                and EIP recommendations include the                    RECLAIM rules, we intend to publish a
                                                    facilities (EGFs) to exit RECLAIM, to                   following:                                             separate proposed rule providing our
                                                    add provisions regarding facility                          1. ‘‘State Implementation Plans; General            evaluation of the program in accordance
                                                    shutdowns, to create a Regional New                     Preamble for the Implementation of Title I of          with RACT requirements and seeking
                                                    Source Review (NSR) Holding Account                     the Clean Air Act Amendments of 1990,’’ 57             public comment on that evaluation.
                                                    for existing electricity generating                     FR 13498 (April 16, 1992); 57 FR 18070
                                                                                                            (April 28, 1992).                                      C. Public Comment and Proposed
                                                    facilities constructed after 1993, and to                  2. ‘‘Issues Relating to VOC Regulation              Action
                                                    implement other administrative and                      Cutpoints, Deficiencies, and Deviations,’’
                                                    clarifying changes. The EPA’s technical                                                                          The EPA is proposing to fully approve
                                                                                                            EPA, May 25, 1988 (the Bluebook, revised               the submitted rules under section
                                                    support document (TSD) has more                         January 11, 1990).
                                                    information about these rules.                             3. ‘‘Guidance Document for Correcting               110(k)(3) of the Act based on our
                                                                                                            Common VOC & Other Rule Deficiencies,’’                conclusion that they satisfy the
                                                    II. The EPA’s Evaluation and Proposed                   EPA Region 9, August 21, 2001 (the Little              applicable CAA requirements for
                                                    Action                                                  Bluebook).                                             enforceability, NSR, SIP revisions, and
                                                                                                               4. ‘‘State Implementation Plans; Nitrogen           economic incentive programs. We will
                                                    A. How is the EPA evaluating the rules?                 Oxides Supplement to the General Preamble;             accept comments from the public on
                                                      Generally, SIP rules must be                          Clean Air Act Amendments of 1990                       this proposal until July 6, 2017. If we
                                                    enforceable (see CAA section 110(a)(2)),                Implementation of Title I; Proposed Rule’’
                                                                                                            (the NOx Supplement), 57 FR 55620,
                                                                                                                                                                   take final action to approve the
                                                    must not interfere with applicable                                                                             submitted rules, our final action will
                                                    requirements concerning attainment and                  November 25, 1992.
                                                                                                               5. ‘‘Improving Air Quality with Economic            incorporate these rules into the federally
                                                    reasonable further progress or other                    Incentive Programs,’’ EPA–452/R–01–001,                enforceable SIP.
                                                    CAA requirements (see CAA section                       EPA OAR, January 2001.
                                                    110(l)), and must not modify certain SIP                                                                       III. Incorporation by Reference
                                                    control requirements in nonattainment                   B. Do the rules meet the evaluation                       In this rule, the EPA is proposing to
                                                    areas without ensuring equivalent or                    criteria?                                              include in a final EPA rule regulatory
                                                    greater emissions reductions (see CAA                      We propose to find that the revised                 text that includes incorporation by
                                                    section 193). Because the submittal                     RECLAIM regulations satisfy the                        reference. In accordance with
                                                    contains SIP rules that are part of an                  applicable CAA requirements for                        requirements of 1 CFR 51.5, the EPA is
                                                    economic incentive program (EIP) and                    enforceability, NSR, SIP revisions, and                proposing to incorporate by reference
                                                    that address certain requirements of the                economic incentive programs. In order                  the SCAQMD rules described in Table 1
                                                    nonattainment NSR program, we also                      to prevent NOx RECLAIM trading                         of this preamble. The EPA has made,
                                                    evaluated the rule revisions in                         credits (RTCs) associated with facilities              and will continue to make, these
                                                    accordance with the EPA’s requirements                  that have shut down from entering the                  materials available through
                                                    and recommendations for EIPs and NSR                    RECLAIM market and potentially                         www.regulations.gov and at the EPA
                                                    programs.                                               delaying the installation of pollution                 Region IX Office (please contact the
                                                      Additionally, SIP rules must require                  controls at other RECLAIM facilities, the              person identified in the FOR FURTHER
                                                    Reasonably Available Control                            revised regulations establish criteria for             INFORMATION CONTACT section of this
                                                    Technology (RACT) for each major                        determining a facility shutdown and the                preamble for more information).
                                                    source of NOx in ozone nonattainment                    methodology for calculating the amount
                                                    areas classified as moderate or above                   of NOx RTCs by which that facility’s                   IV. Statutory and Executive Order
                                                    (see CAA sections 182(b)(2) and 182(f)).                future RTC holdings will be reduced.                   Reviews
                                                    The SCAQMD regulates an ozone                           These revisions are projected to reduce                  Under the Clean Air Act, the
                                                    nonattainment area classified as extreme                NOx emissions from RECLAIM sources                     Administrator is required to approve a
                                                    for the 1997 8-hour ozone and 2008 8-                   by 12 tons per day by 2023.                            SIP submission that complies with the
                                                    hour ozone standards (40 CFR 81.305).                      In addition, the revised regulations                provisions of the Act and applicable
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                                                    Because the RECLAIM program applies                     allow certain electric generating                      federal regulations. 42 U.S.C. 7410(k);
                                                    to major sources of NOx emissions, these                facilities to use RTCs held in a                       40 CFR 52.02(a). Thus, in reviewing SIP
                                                    rules must implement RACT. SIP rules                    ‘‘Regional NSR Holding Account’’ to                    submissions, the EPA’s role is to
                                                    must also implement Reasonably                          satisfy the NSR offset requirements                    approve state choices, provided that
                                                    Available Control Measures (RACM),                      specified in Rule 2005(f) but do not alter             they meet the criteria of the Clean Air
                                                    including RACT, in moderate and above                   the existing requirement for all sources               Act. Accordingly, this proposed action
                                                    PM2.5 nonattainment areas (see CAA                      to hold RTCs in amounts equal to the                   merely proposes to approve state law as
                                                    sections 172(c)(1) and 189(a)(1)(C)) and                amounts of required offsets.                           meeting federal requirements and does


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                                                                              Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Proposed Rules                                           25999

                                                    not impose additional requirements                        Dated: May 17, 2017.                                 submissions, and general guidance on
                                                    beyond those imposed by state law. For                  Alexis Strauss,                                        making effective comments, please visit
                                                    that reason, this proposed action:                      Acting Regional Administrator, Region IX.              http://www2.epa.gov/dockets/
                                                       • Is not a ‘‘significant regulatory                  [FR Doc. 2017–11681 Filed 6–5–17; 8:45 am]             commenting-epa-dockets.
                                                    action’’ subject to review by the Office                BILLING CODE 6560–50–P                                 FOR FURTHER INFORMATION CONTACT:
                                                    of Management and Budget under                                                                                 Abby Fulton, Air Program, U.S.
                                                    Executive Orders 12866 (58 FR 51735,                                                                           Environmental Protection Agency
                                                    October 4, 1993) and 13563 (76 FR 3821,                 ENVIRONMENTAL PROTECTION                               (EPA), Region 8, Mail Code 8P–AR,
                                                    January 21, 2011);                                      AGENCY                                                 1595 Wynkoop Street, Denver, Colorado
                                                       • does not impose an information                                                                            80202–1129, 303–312–6563,
                                                    collection burden under the provisions                  40 CFR Part 52
                                                                                                                                                                   fulton.abby@epa.gov.
                                                    of the Paperwork Reduction Act (44                      [EPA–R08–OAR–2013–0557; FRL–9963–29–
                                                    U.S.C. 3501 et seq.);                                   Region 8]                                              SUPPLEMENTARY INFORMATION:
                                                       • is certified as not having a                                                                              I. General Information
                                                    significant economic impact on a                        Promulgation of State Implementation
                                                    substantial number of small entities                    Plan Revisions; Infrastructure                         What should I consider as I prepare my
                                                    under the Regulatory Flexibility Act (5                 Requirements for the 2010 SO2 and                      comments for EPA?
                                                    U.S.C. 601 et seq.);                                    2012 PM2.5 National Ambient Air                           1. Submitting Confidential Business
                                                       • does not contain any unfunded                      Quality Standards; Colorado                            Information (CBI). Do not submit CBI to
                                                    mandate or significantly or uniquely                    AGENCY:  Environmental Protection                      the EPA through http://
                                                    affect small governments, as described                  Agency.                                                www.regulations.gov or email. Clearly
                                                    in the Unfunded Mandates Reform Act                                                                            mark the part or all of the information
                                                                                                            ACTION: Proposed rule.
                                                    of 1995 (Pub. L. 104–4);                                                                                       that you claim to be CBI. For CBI
                                                       • does not have Federalism                           SUMMARY:   The Environmental Protection                information on a disk or CD–ROM that
                                                    implications as specified in Executive                  Agency (EPA) is proposing to approve                   you mail to the EPA, mark the outside
                                                    Order 13132 (64 FR 43255, August 10,                    elements of State Implementation Plan                  of the disk or CD–ROM as CBI and then
                                                    1999);                                                  (SIP) revisions from the State of                      identify electronically within the disk or
                                                       • is not an economically significant                 Colorado submitted to demonstrate that                 CD–ROM the specific information that
                                                    regulatory action based on health or                    the State meets infrastructure                         is claimed as CBI. In addition to one
                                                    safety risks subject to Executive Order                 requirements of the Clean Air Act (CAA)                complete version of the comment that
                                                    13045 (62 FR 19885, April 23, 1997);                    for the National Ambient Air Quality                   includes information claimed as CBI, a
                                                       • is not a significant regulatory action             Standards (NAAQS) promulgated for                      copy of the comment that does not
                                                    subject to Executive Order 13211 (66 FR                 sulfur dioxide (SO2) on June 2, 2010,                  contain the information claimed as CBI
                                                    28355, May 22, 2001);                                   and fine particulate matter (PM2.5) on                 must be submitted for inclusion in the
                                                       • is not subject to requirements of                  December 14, 2012. Section 110(a) of                   public docket. Information so marked
                                                    Section 12(d) of the National                           the CAA requires that each state submit                will not be disclosed except in
                                                    Technology Transfer and Advancement                     a SIP for the implementation,                          accordance with procedures set forth in
                                                    Act of 1995 (15 U.S.C. 272 note) because                maintenance, and enforcement of each                   40 CFR part 2.
                                                    application of those requirements would                 NAAQS promulgated by the EPA.                             2. Tips for preparing your comments.
                                                    be inconsistent with the Clean Air Act;                 DATES: Written comments must be                        When submitting comments, remember
                                                    and                                                     received on or before July 6, 2017.                    to:
                                                       • does not provide the EPA with the                  ADDRESSES: Submit your comments,                          • Identify the rulemaking by docket
                                                    discretionary authority to address                      identified by Docket ID No. EPA–R08–                   number and other identifying
                                                    disproportionate human health or                        OAR–2013–0557 at http://                               information (subject heading, Federal
                                                    environmental effects with practical,                   www.regulations.gov. Follow the online                 Register volume, date, and page
                                                    appropriate, and legally permissible                    instructions for submitting comments.                  number);
                                                    methods under Executive Order 12898                     Once submitted, comments cannot be
                                                    (59 FR 7629, February 16, 1994).                                                                                  • Follow directions and organize your
                                                                                                            edited or removed from                                 comments;
                                                       In addition, the SIP is not approved                 www.regulations.gov. The EPA may
                                                    to apply on any Indian reservation land                                                                           • Explain why you agree or disagree;
                                                                                                            publish any comment received to its
                                                    or in any other area where the EPA or                                                                             • Suggest alternatives and substitute
                                                                                                            public docket. Do not submit
                                                    an Indian tribe has demonstrated that a                                                                        language for your requested changes;
                                                                                                            electronically any information you
                                                    tribe has jurisdiction. In those areas of               consider to be Confidential Business                      • Describe any assumptions and
                                                    Indian country, the rule does not have                  Information (CBI) or other information                 provide any technical information or
                                                    tribal implications and will not impose                 whose disclosure is restricted by statute.             data that you used;
                                                    substantial direct costs on tribal                      Multimedia submissions (audio, video,                     • If you estimate potential costs or
                                                    governments or preempt tribal law as                    etc.) must be accompanied by a written                 burdens, explain how you arrived at
                                                    specified by Executive Order 13175 (65                  comment. The written comment is                        your estimate in sufficient detail to
                                                    FR 67249, November 9, 2000).                            considered the official comment and                    allow for it to be reproduced;
                                                                                                            should include discussion of all points                   • Provide specific examples to
                                                    List of Subjects in 40 CFR Part 52
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                                                                                                            you wish to make. The EPA will                         illustrate your concerns, and suggest
                                                      Environmental protection, Air                         generally not consider comments or                     alternatives;
                                                    pollution control, Incorporation by                     comment contents located outside of the                   • Explain your views as clearly as
                                                    reference, Intergovernmental relations,                 primary submission (i.e., on the web,                  possible, avoiding the use of profanity
                                                    Nitrogen dioxide, Ozone, Particulate                    cloud, or other file sharing system). For              or personal threats; and,
                                                    matter, Reporting and recordkeeping                     additional submission methods, the full                   • Make sure to submit your
                                                    requirements.                                           EPA public comment policy,                             comments by the comment period
                                                       Authority: 42 U.S.C. 7401 et seq.                    information about CBI or multimedia                    deadline identified.


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Document Created: 2017-06-06 06:21:22
Document Modified: 2017-06-06 06:21:22
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 July 6, 2017.
ContactNicole Law, EPA Region IX, (415) 947- 4126, [email protected]
FR Citation82 FR 25996 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter and Reporting and Recordkeeping Requirements

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