82 FR 33030 - Approval of California Air Plan Revisions; Sacramento Metropolitan Air Quality Management District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 137 (July 19, 2017)
Federal Register Volume 82, Issue 137 (July 19, 2017)
| Page Range | 33030-33032 | |
| FR Document | 2017-15050 |
[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)] [Proposed Rules] [Pages 33030-33032] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15050] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2016-0740; FRL-9965-07-Region 9] Approval of California Air Plan Revisions; Sacramento Metropolitan 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 Sacramento Metropolitan Air Quality Management District (SMAQMD) portion of the California State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOC) from organic chemical manufacturing operations. We are proposing to approve a local rule and a rule rescission 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 August 18, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09- OAR-2016-0740 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 [[Page 33031]] 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: Arnold Lazarus, EPA Region IX, (415) 972-3024, [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 and rule rescission? II. The EPA's Evaluation and Action A. How is the EPA evaluating the rule and rule rescission? B. Do the rule and rule rescission 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 action with the dates that they were amended or repealed 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 Repealed Submitted -------------------------------------------------------------------------------------------------------------------------------------------------------- SMAQMD......................................... 455 Pharmaceutical Manufacturing........... .............. 4/28/16 8/22/16 SMAQMD......................................... 464 Organic Chemical Manufacturing 4/28/16 .............. 8/22/16 Operations. -------------------------------------------------------------------------------------------------------------------------------------------------------- On September 27, 2016, the EPA determined that the submittal for SMAQMD Rule 455 and Rule 464 met the completeness criteria in 40 CFR part 51 Appendix V, which must be met before formal review by the EPA. B. Are there other versions of these rules? We approved an earlier version of SMAQMD Rule 464 into the SIP on October 3, 2011 (76 FR 61057), and we approved SMAQMD Rule 455 into the SIP on January 24, 1985 (50 FR 3338).\1\ --------------------------------------------------------------------------- \1\ EPA's approval of Rule 455 refers to the Sacramento County Air Pollution Control District, which was then the name of the regulatory authority for air pollution in the Sacramento area. --------------------------------------------------------------------------- C. What is the purpose of the submitted rule and rule rescission? VOCs help produce ground-level ozone, also known as ``smog,'' and particulate matter (PM), which harm human health and the environment. Section 110(a) of the CAA requires states to submit regulations that control VOC emissions. SMAQMD Rule 455, ``Pharmaceutical Manufacturing,'' was approved into the SIP on January 24, 1985 (50 FR 3338). EPA re-evaluated Rule 455 as part of our review of the SMAQMD's 2006 Reasonably Available Control Technology (RACT) SIP, and concluded that Rule 455 did not meet the requirements of Federal CAA section 110(a)(2) because it lacked test methods, recordkeeping, and monitoring requirements that are necessary to ensure that the rule is enforceable. 81 FR 53280, 53281 (August 12, 2016). The SMAQMD subsequently repealed Rule 455 and simultaneously amended Rule 464 to include pharmaceutical and cosmetic manufacture. Rule 464 limits VOC emissions from organic chemical plants and pharmaceutical and cosmetic manufacturing; its controls for pharmaceutical manufacturing replace Rule 455. The EPA's technical support documents (TSDs) have more information about these rules. II. The EPA's Evaluation and Action A. How is the EPA evaluating the rule and rule rescission? 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 in ozone nonattainment areas classified as moderate or above must require RACT for each category of sources covered by a control techniques guidelines (CTG) document as well as each major source of VOCs (see CAA sections 182(b)(2)). The SMAQMD regulates an ozone nonattainment area classified as severe nonattainment for the 1997 and the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS) (40 CFR 81.305). Therefore, Rule 464 must implement RACT. 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,'' U.S. EPA, May 25, 1988; revised January 11, 1990 (``The Bluebook''). 3. ``Guidance Document for Correcting Common VOC & Other Rule Deficiencies,'' EPA Region 9, August 21, 2001 (``The Little Bluebook''). 4. ``Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products,'' EPA-450/2-78-029, December 1978. 5. ``Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations Processes in the Synthetic Organic Chemical Manufacturing Industry,'' EPA-450/4-91-031, August 1993. B. Do the rule and rule rescission meet the evaluation criteria? We believe this rule and rule rescission are consistent with CAA requirements and relevant guidance regarding enforceability, RACT, and SIP revisions. The TSDs have more information on our evaluation. The EPA partially approved and partially disapproved the RACT SIP revisions submitted by California on July 11, 2007 and January 21, 2009 for the SMAQMD severe ozone [[Page 33032]] nonattainment area,\2\ based in part on our conclusion that the state had not fully satisfied CAA section 182 RACT requirements for the pharmaceuticals manufacturing CTG category and for the municipal waste landfill category. We are separately but contemporaneously proposing approval of submitted portions of SMAQMD Permits 24360 and 24361 for the Kiefer Landfill, which are intended to address the deficiencies identified in our 2016 partial disapproval of the SMAQMD's RACT SIP regarding the municipal waste landfill category.\3\ Final approval of Rule 464 and the submitted portions of the Kiefer Landfill permits would satisfy California's obligation to implement RACT under CAA section 182 for the 1997 8-hour ozone NAAQS and thereby terminate both the sanctions clocks and the Federal Implementation Plan clock associated with our August 12, 2016 final action. --------------------------------------------------------------------------- \2\ See, 81 FR 53280 (August 12, 2016). \3\ We are submitting these two proposed actions together for publication, and expect the Federal Register notices to publish around the same time. --------------------------------------------------------------------------- C. Public Comment and Proposed Action As authorized in section 110(k)(3) of the Act, the EPA proposes to fully approve the submitted rule and rule rescission because we believe they fulfill all relevant requirements. We will accept comments from the public on this proposal until August 18, 2017. If we take final action to approve the submitted rule and rule rescission, 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 SMAQMD rules described in Table 1 of this preamble. The EPA has made, and will continue to make, these materials available through https://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 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, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: June 29, 2017. Alexis Strauss, Acting Regional Administrator, Region IX. [FR Doc. 2017-15050 Filed 7-18-17; 8:45 am] BILLING CODE 6560-50-P
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III. Proposed Action E. Executive Order 13132: Federalism J. Executive Order 12898: Federal
We are proposing to conditionally Actions To Address Environmental
This action does not have federalism Justice in Minority Populations and
approve revisions to the Texas SIP implications. It will not have substantial
addressing NOX RACT for the Martin Low-Income Population
direct effects on the states, on the
Marietta (formerly, Texas Industries, The EPA lacks the discretionary
Inc., or TXI) cement manufacturing relationship between the national
authority to address environmental
plant in Ellis County. We are proposing government and the states, or on the justice in this rulemaking.
to approve revisions to the Texas SIP distribution of power and
responsibilities among the various List of Subjects in 40 CFR Part 52
addressing NOX RACT for all other
affected sources in the ten County DFW levels of government. Environmental protection, Air
2008 8-Hour ozone nonattainment area. pollution control, Hydrocarbons,
F. Executive Order 13175: Coordination
We are also proposing to approve NOX Incorporation by reference,
With Indian Tribal Governments
RACT negative declarations for the DFW Intergovernmental relations, Nitrogen
area under the 2008 8-Hour ozone This action does not have tribal dioxides, Ozone, Reporting and
NAAQS. implications, as specified in Executive recordkeeping requirements, Volatile
Order 13175, because the SIP is not organic compounds.
IV. Statutory and Executive Order
Reviews approved to apply on any Indian Authority: 42 U.S.C. 7401 et seq.
reservation land or in any other area Dated: July 11, 2017.
Under the CAA, the Administrator is
where the EPA or an Indian tribe has Samuel Coleman,
required to approve a SIP submission
that complies with the provisions of the demonstrated that a tribe has Acting Regional Administrator, Region 6.
Act and applicable Federal regulations. jurisdiction, and will not impose [FR Doc. 2017–15165 Filed 7–18–17; 8:45 am]
42 U.S.C. 7410(k); 40 CFR 52.02(a). substantial direct costs on tribal BILLING CODE 6560–50–P
Thus, in reviewing SIP submissions, the governments or preempt tribal law.
EPA’s role is to approve state choices, Thus, Executive Order 13175 does not
provided that they meet the criteria of apply to this action. ENVIRONMENTAL PROTECTION
the CAA. Additional information about AGENCY
G. Executive Order 13045: Protection of
these statutes and Executive Orders can Children From Environmental Health
be found at http://www2.epa.gov/laws- 40 CFR Part 52
Risks and Safety Risks
regulations/laws-and-executive-orders. [EPA–R09–OAR–2016–0740; FRL–9965–07–
The EPA interprets Executive Order Region 9]
A. Executive Order 12866: Regulatory
Planning and Review and Executive 13045 as applying only to those
Approval of California Air Plan
Order 13563: Improving Regulation and regulatory actions that concern Revisions; Sacramento Metropolitan
Regulatory Review environmental health or safety risks that Air Quality Management District
the EPA has reason to believe may
This action is not a significant AGENCY: Environmental Protection
regulatory action and was therefore not disproportionately affect children, per
the definition of ‘‘covered regulatory Agency (EPA).
submitted to the Office of Management
action’’ in section 2–202 of the ACTION: Proposed rule.
and Budget (OMB) for review.
Executive Order. This action is not
B. Paperwork Reduction Act (PRA) SUMMARY: The Environmental Protection
subject to Executive Order 13045 Agency (EPA) is proposing to approve
This action does not impose an because it does not impose additional revisions to the Sacramento
information collection burden under the requirements beyond those imposed by Metropolitan Air Quality Management
PRA because this action does not state law. District (SMAQMD) portion of the
impose additional requirements beyond California State Implementation Plan
those imposed by state law. H. Executive Order 13211: Actions That
Significantly Affect Energy Supply, (SIP). These revisions concern
C. Regulatory Flexibility Act (RFA) Distribution, or Use emissions of volatile organic
I certify that this action will not have compounds (VOC) from organic
a significant economic impact on a This action is not subject to Executive chemical manufacturing operations. We
substantial number of small entities Order 13211, because it is not a are proposing to approve a local rule
under the RFA. This action will not significant regulatory action under and a rule rescission to regulate these
impose any requirements on small Executive Order 12866. emission sources under the Clean Air
entities beyond those imposed by state Act (CAA or the Act). We are taking
I. National Technology Transfer and comments on this proposal and plan to
law. Advancement Act (NTTAA) follow with a final action.
D. Unfunded Mandates Reform Act DATES: Any comments must arrive by
(UMRA) Section 12(d) of the NTTAA directs
August 18, 2017.
the EPA to use voluntary consensus
This action does not contain any standards in its regulatory activities ADDRESSES: Submit your comments,
unfunded mandate as described in unless to do so would be inconsistent identified by Docket ID No. EPA–R09–
UMRA, 2 U.S.C. 1531–1538, and does OAR–2016–0740 at https://
mstockstill on DSK30JT082PROD with PROPOSALS
with applicable law or otherwise
not significantly or uniquely affect small www.regulations.gov, or via email to
impractical. The EPA believes that this
governments. This action does not Andrew Steckel, Rulemaking Office
action is not subject to the requirements
impose additional requirements beyond Chief at Steckel.Andrew@epa.gov. For
those imposed by state law. of section 12(d) of the NTTAA because comments submitted at Regulations.gov,
Accordingly, no additional costs to application of those requirements would follow the online instructions for
State, local, or tribal governments, or to be inconsistent with the CAA. submitting comments. Once submitted,
the private sector, will result from this comments cannot be removed or edited
action. from Regulations.gov. For either manner
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![33032 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Proposed Rules
nonattainment area,2 based in part on approve state choices, provided that Ozone, Particulate matter, Reporting
our conclusion that the state had not they meet the criteria of the Clean Air and recordkeeping requirements,
fully satisfied CAA section 182 RACT Act. Accordingly, this proposed action Volatile organic compounds.
requirements for the pharmaceuticals merely proposes to approve state law as Authority: 42 U.S.C. 7401 et seq.
manufacturing CTG category and for the meeting federal requirements and does
municipal waste landfill category. We Dated: June 29, 2017.
not impose additional requirements
are separately but contemporaneously beyond those imposed by state law. For Alexis Strauss,
proposing approval of submitted that reason, this proposed action: Acting Regional Administrator, Region IX.
portions of SMAQMD Permits 24360 • Is not a ‘‘significant regulatory [FR Doc. 2017–15050 Filed 7–18–17; 8:45 am]
and 24361 for the Kiefer Landfill, which action’’ subject to review by the Office BILLING CODE 6560–50–P
are intended to address the deficiencies of Management and Budget under
identified in our 2016 partial Executive Orders 12866 (58 FR 51735,
disapproval of the SMAQMD’s RACT October 4, 1993) and 13563 (76 FR 3821, ENVIRONMENTAL PROTECTION
SIP regarding the municipal waste January 21, 2011); AGENCY
landfill category.3 Final approval of • Does not impose an information
Rule 464 and the submitted portions of collection burden under the provisions 40 CFR Part 52
the Kiefer Landfill permits would satisfy of the Paperwork Reduction Act (44 [EPA–R09–OAR–2017–0196; FRL–9965–06–
California’s obligation to implement U.S.C. 3501 et seq.); Region 9]
RACT under CAA section 182 for the • Is certified as not having a
1997 8-hour ozone NAAQS and thereby significant economic impact on a Approval of California Air Plan
terminate both the sanctions clocks and substantial number of small entities Revisions, Sacramento Metropolitan
the Federal Implementation Plan clock under the Regulatory Flexibility Act (5 Air Quality Management District
associated with our August 12, 2016 U.S.C. 601 et seq.); AGENCY: Environmental Protection
final action. • Does not contain any unfunded
Agency (EPA).
mandate or significantly or uniquely
C. Public Comment and Proposed ACTION: Proposed rule.
affect small governments, as described
Action
in the Unfunded Mandates Reform Act SUMMARY: The Environmental Protection
As authorized in section 110(k)(3) of of 1995 (Pub. L. 104–4); Agency (EPA) is proposing to approve a
the Act, the EPA proposes to fully • Does not have Federalism revision to the Sacramento Metropolitan
approve the submitted rule and rule implications as specified in Executive Air Quality Management District
rescission because we believe they Order 13132 (64 FR 43255, August 10, (SMAQMD) portion of the California
fulfill all relevant requirements. We will 1999); State Implementation Plan (SIP). This
accept comments from the public on • Is not an economically significant revision concerns emissions of volatile
this proposal until August 18, 2017. If regulatory action based on health or organic compounds (VOC) from landfill
we take final action to approve the safety risks subject to Executive Order gas flaring at the Kiefer Landfill in
submitted rule and rule rescission, our 13045 (62 FR 19885, April 23, 1997); Sacramento, California. We are
final action will incorporate these rules • Is not a significant regulatory action proposing to approve portions of two
into the federally enforceable SIP. subject to Executive Order 13211 (66 FR SMAQMD operating permits that limit
III. Incorporation by Reference 28355, May 22, 2001); VOC emissions from this facility under
• Is not subject to requirements of
In this rule, the EPA is proposing to the Clean Air Act (CAA or the Act). We
Section 12(d) of the National
include in a final EPA rule regulatory are taking comments on this proposal
Technology Transfer and Advancement
text that includes incorporation by and plan to follow with a final action.
Act of 1995 (15 U.S.C. 272 note) because
reference. In accordance with DATES: Any comments must arrive by
application of those requirements would
requirements of 1 CFR 51.5, the EPA is be inconsistent with the Clean Air Act; August 18, 2017.
proposing to incorporate by reference and ADDRESSES: Submit your comments,
the SMAQMD rules described in Table • Does not provide the EPA with the identified by Docket ID No. EPA–R09–
1 of this preamble. The EPA has made, discretionary authority to address OAR–2017–0196 at https://
and will continue to make, these disproportionate human health or www.regulations.gov, or via email to
materials available through https:// environmental effects with practical, Andrew Steckel, Rulemaking Office
www.regulations.gov and at the EPA appropriate, and legally permissible Chief at Steckel.Andrew@epa.gov. For
Region IX Office (please contact the methods under Executive Order 12898 comments submitted at Regulations.gov,
person identified in the FOR FURTHER (59 FR 7629, February 16, 1994). follow the online instructions for
INFORMATION CONTACT section of this In addition, the SIP is not approved submitting comments. Once submitted,
preamble for more information). to apply on any Indian reservation land comments cannot be removed or edited
IV. Statutory and Executive Order or in any other area where the EPA or from Regulations.gov. For either manner
Reviews an Indian tribe has demonstrated that a of submission, the EPA may publish any
tribe has jurisdiction. In those areas of comment received to its public docket.
Under the Clean Air Act, the Indian country, the rule does not have Do not submit electronically any
Administrator is required to approve a information you consider to be
tribal implications and will not impose
SIP submission that complies with the Confidential Business Information (CBI)
substantial direct costs on tribal
mstockstill on DSK30JT082PROD with PROPOSALS
provisions of the Act and applicable or other information whose disclosure is
governments or preempt tribal law as
federal regulations. 42 U.S.C. 7410(k); restricted by statute. Multimedia
specified by Executive Order 13175 (65
40 CFR 52.02(a). Thus, in reviewing SIP submissions (audio, video, etc.) must be
FR 67249, November 9, 2000).
submissions, the EPA’s role is to accompanied by a written comment.
List of Subjects in 40 CFR Part 52 The written comment is considered the
2 See,81 FR 53280 (August 12, 2016).
3 We are submitting these two proposed actions
Environmental protection, Air official comment and should include
together for publication, and expect the Federal pollution control, Incorporation by discussion of all points you wish to
Register notices to publish around the same time. reference, Intergovernmental relations, make. The EPA will generally not
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Document Created: 2017-07-19 06:17:10
Document Modified: 2017-07-19 06:17:10
| 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 August 18, 2017. | |
| Contact | Arnold Lazarus, EPA Region IX, (415) 972-3024, [email protected] | |
| FR Citation | 82 FR 33030 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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