83 FR 42063 - Revisions to California State Implementation Plan; South Coast Air Quality Management District, San Joaquin Valley Air Pollution Control District and Yolo-Solano Air Quality Management; Nonattainment New Source Review Requirements for the 2008 8-Hour Ozone Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 161 (August 20, 2018)
Federal Register Volume 83, Issue 161 (August 20, 2018)
| Page Range | 42063-42066 | |
| FR Document | 2018-17835 |
[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)] [Proposed Rules] [Pages 42063-42066] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17835] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2018-0587; FRL-9982-58--Region 9] Revisions to California State Implementation Plan; South Coast Air Quality Management District, San Joaquin Valley Air Pollution Control District and Yolo-Solano Air Quality Management; Nonattainment New Source Review Requirements for the 2008 8-Hour Ozone Standard AGENCY: Environmental Protection Agency. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve three state implementation plan (SIP) revisions submitted by the State of California addressing the nonattainment new source review (NNSR) requirements for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS). These SIP revisions address the South Coast Air Quality Management District (SCAQMD or District), San Joaquin Valley Air Pollution Control District (SJVAPCD or District) and Yolo- Solano Air Quality Management District (YSAQMD or District) portions of the California SIP. This action is being taken pursuant to the Clean Air Act (CAA or ``Act'') and its implementing regulations. DATES: Any comments must arrive by September 19, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09- OAR-2018-0587 at http://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be removed or edited from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Laura Yannayon, EPA Region 9, (415) 972-3534, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' ``us,'' and ``our'' refer to EPA. Table of Contents I. Background and Purpose II. The State's Submittal A. What did the State submit? [[Page 42064]] B. What is the purpose of the submitted certification letters? III. Analysis of Nonattainment New Source Review Requirements A. South Coast Air Quality Management District (SCAQMD) B. San Joaquin Valley Air Pollution Control District (SJVAPCD) C. Yolo-Solano Air Quality Management District (YSAQMD) IV. Proposed Action and Public Comment V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. Background and Purpose On March 12, 2008, the EPA promulgated a revised 8-hour ozone NAAQS of 0.075 parts per million (ppm).\1\ Upon promulgation of a new or revised NAAQS, the CAA requires the EPA to designate as nonattainment any area that is violating the NAAQS based on the three most recent years of ambient air quality data. The three California air Districts that are subject to this action were designated nonattainment for the 2008 8-hour ozone NAAQS on April 30, 2012, using years 2009-2011 ambient air quality data.\2\ At the time of designation, the SCAQMD was classified as an Extreme ozone nonattainment area for the South Coast Air Basin and a Severe ozone nonattainment area for the Coachella Valley Air Basin. The SJVAPCD was classified as an Extreme ozone nonattainment area, and the YSAQMD was classified as a Severe ozone nonattainment area. --------------------------------------------------------------------------- \1\ 73 FR 16436 (March 27, 2008). \2\ 77 FR 30088 (May 21, 2012). --------------------------------------------------------------------------- On March 6, 2015, EPA issued a final rule entitled, ``Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements'' (SIP Requirements Rule), which establishes the requirements and deadlines that state, tribal, and local air quality management agencies must meet as they develop implementation plans for areas where ozone concentrations exceed the 2008 8-hour ozone NAAQS.\3\ Based on the initial nonattainment designations for the 2008 8-hour ozone standard, each District was required to make a SIP revision addressing nonattainment new source review no later than July 20, 2015.\4\ This requirement may be met by submitting a SIP revision consisting of a new or revised NNSR permit program, or an analysis demonstrating that the existing SIP- approved NNSR permit program meets the applicable 2008 ozone requirements and a letter certifying the analysis. --------------------------------------------------------------------------- \3\ 80 FR 12263 (March 6, 2015). The SIP Requirements Rule addresses a range of nonattainment area SIP requirements for the 2008 ozone NAAQS, including requirements pertaining to attainment demonstrations, reasonable further progress (RFP), reasonably available control technology, reasonably available control measures, major new source review, emission inventories, and the timing of SIP submissions and of compliance with emission control measures in the SIP. The rule also revokes the 1997 ozone NAAQS and establishes anti-backsliding requirements. \4\ 40 CFR 51.1114. --------------------------------------------------------------------------- On February 3, 2017, EPA issued a final rule entitled, ``Findings of Failure to Submit State Implementation Plan Submittals for the 2008 Ozone National Ambient Air Quality Standards (NAAQS)'' (FFS Rule). The rule found that certain state and local air agencies, including the SCAQMD, SJVAPCD and YSAQMD, had failed to submit a SIP revision in a timely manner to satisfy specific New Source Review requirements that apply to nonattainment areas. The rule established certain deadlines for the imposition of sanctions, if a state does not submit a timely SIP revision addressing the requirements for which the finding was made, and for the EPA to promulgate a Federal Implementation Plan (FIP) to address any outstanding SIP requirements. II. The State's Submittal A. What did the State submit? Table 1 lists the dates the submitted 2008 Ozone Certification letters addressed by this proposal were adopted by each air District and submitted by the California Air Resources Board (CARB), the agency that serves as the governor's designee for California SIP submittals. Table 1--Submitted Certification Letters ------------------------------------------------------------------------ District Adoption date Submittal date ------------------------------------------------------------------------ South Coast AQMD........................ 7/7/2017 11/16/17 San Joaquin Valley APCD................. 4/19/18 6/19/18 Yolo-Solano AQMD........................ 3/14/18 6/19/18 ------------------------------------------------------------------------ On July 31, 2018, CARB's November 16, 2017 submittal of SCAQMD's 2008 Certification letter was deemed to meet the completeness criteria in 40 CFR part 51, appendix V, which must be met before formal EPA review. On July 18, 2018, CARB's June 19, 2018 submittal of SJVAPCD's and YSAQMD's 2008 Certification letters were also deemed to meet the completeness criteria in 40 CFR part 51, appendix V. B. What is the purpose of the submitted certification letters? The submittal from each District is intended to satisfy the SIP Requirement Rule that requires states to make a SIP revision addressing nonattainment new source review and the FFS Rule that requires each District to make a SIP submittal by September 6, 2018. The SIP for each District currently contains approved NNSR permit programs based on their nonattainment classification for the 1997 8-hour ozone NAAQS. The submitted certification letters provide a mechanism for each District to satisfy the 40 CFR 51.1114 submittal requirements based on their 2008 8-hr ozone nonattainment designations. EPA's analysis of how these SIP revisions address the NNSR requirements for the 2008 8-hour ozone NAAQS is provided below. III. Analysis of Nonattainment New Source Review Requirements The minimum SIP requirements for NNSR permitting programs for the 2008 8-hour ozone NAAQS are contained in 40 CFR 51.165. These NNSR program requirements include those promulgated in the ``Phase 2 Rule'' implementing the 1997 8-hour ozone NAAQS \5\ and the SIP Requirements Rule implementing the 2008 8-hour ozone NAAQS. Under the Phase 2 Rule, the SIP for each ozone nonattainment area must contain NNSR provisions that: (1) Set major source thresholds for nitrogen oxides (NOX ) and volatile organic compounds (VOC) pursuant to 40 CFR 51.165(a)(1)(iv)(A)(1)(i)-(iv) and (2); (2) classify physical changes at a major [[Page 42065]] source if the change would constitute a major source by itself pursuant to 40 CFR 51.165(a)(1)(iv)(A)(3); (3) consider any significant net emissions increase of NOX as a significant net emissions increase for ozone pursuant to 40 CFR 51.165(a)(1)(v)(E); (4) consider any increase of VOC emissions in extreme ozone nonattainment areas as significant net emissions increases and major modifications for ozone pursuant to 40 CFR 51.165(a)(1)(v)(F); (5) set significant emissions rates for VOC and NOX as ozone precursors pursuant to 40 CFR 51.165(a)(1)(x)(A)-(C) and (E); (6) contain provisions for emissions reductions credits pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1)-(2); (7) provide that the requirements applicable to VOC also apply to NOX pursuant to 40 CFR 51.165(a)(8); and (8) set offset ratios for VOC and NOX pursuant to 40 CFR 51.165(a)(9)(ii)- (iv). Under the SIP Requirements Rule the SIP for each ozone nonattainment area designated nonattainment for the 2008 8-hour ozone NAAQS and designated nonattainment for the 1997 ozone NAAQS as of April 6, 2015, must also contain NNSR provisions that include the anti- backsliding requirements at 40 CFR 51.1105. --------------------------------------------------------------------------- \5\ 70 FR 71612 (November 29, 2005). --------------------------------------------------------------------------- A. South Coast Air Quality Management District (SCAQMD) The SCAQMD's longstanding SIP-approved NNSR program,\6\ established in Regulation XIII--New Source Review, of the SCAQMD's Rules and Regulations, applies to the construction and modification of stationary sources, including major stationary sources in nonattainment areas under its jurisdiction. The SCAQMD's submitted SIP revision includes a demonstration, consisting of a table listing each of the Phase 2 Rule and SIP Requirements Rule NNSR program requirements and a citation to the specific provision of the rule satisfying the requirement. The submittal also includes a certification by the SCAQMD that the cited rules meet the federal NNSR requirements for the applicable ozone nonattainment designations. These documents are available in the docket for this action. EPA has reviewed the demonstration and cited program elements intended to meet the federal NNSR requirements and is proposing to approve the SCAQMD's submittal because the current SIP- approved NSR program contains all the Phase 2 Rule and SIP Requirements Rule NNSR program requirements applicable to the South Coast Air Basin as an Extreme ozone nonattainment area, and all the requirements applicable to the Coachella Valley Air Basin as a Severe ozone nonattainment area. --------------------------------------------------------------------------- \6\ 61 FR 64291 (December 4, 1996); 64 FR 13514, (March 19, 1999); 71 FR 35157 (June 19, 2006). --------------------------------------------------------------------------- B. San Joaquin Valley Air Pollution Control District (SJVAPCD) The SJVAPCD's longstanding SIP-approved NNSR program,\7\ established in Rule 2201--New and Modified Stationary Source Review Rule, applies to the construction and modification of stationary sources, including major stationary sources in nonattainment areas under its jurisdiction. The SJVAPCD's submitted SIP revision includes a demonstration, consisting of a table listing each of the Phase 2 Rule and SIP Requirements Rule NNSR program requirements and a citation to the specific provision of the rule satisfying the requirement. The submittal also includes a certification by the SJVAPCD that the cited rules meet the federal NNSR requirements for the applicable ozone nonattainment designations. These documents are available in the docket for this action. EPA has reviewed the demonstration and cited program elements intended to meet the federal NNSR requirements and is proposing to approve the SJVAPCD's submittal because the current SIP- approved NSR program contains all the Phase 2 Rule and SIP Requirements Rule NNSR program requirements applicable to an Extreme ozone nonattainment area. --------------------------------------------------------------------------- \7\ 79 FR 55637 (September 14, 2014). --------------------------------------------------------------------------- C. Yolo-Solano Air Quality Management District (YSAQMD) The YSAQMD's longstanding SIP-approved NNSR program,\8\ established in Rule 3.4--New Source Review, applies to the construction and modification of stationary sources, including major stationary sources in nonattainment areas under its jurisdiction. The YSAQMD's submitted SIP revision includes a demonstration, consisting of a table listing each of the Phase 2 Rule and SIP Requirements Rule NNSR program requirements and a citation to the specific provision of the rule satisfying the requirement. The submittal also includes a certification by the YSAQMD that the cited rules meet the federal NNSR requirements for the applicable ozone nonattainment designations. These documents are available in the docket for this action. EPA has reviewed the demonstration and cited program elements intended to meet the federal NNSR requirements and is proposing to approve the YSAQMD's submittal because the current SIP-approved NSR program contains all the Phase 2 Rule and SIP Requirements Rule NNSR program requirements for a Severe ozone nonattainment area. --------------------------------------------------------------------------- \8\ 62 FR 36214 (July 7, 1997). --------------------------------------------------------------------------- IV. Proposed Action and Public Comment EPA is proposing to approve SIP revisions addressing the NNSR requirements for the 2008 8-hour ozone NAAQS for the SCAQMD, SJVAPCD and YSAQMD. In support of this proposed action, we have concluded that our approval of the submitted 2008 Ozone certifications for each District would comply with section 110(l) of the Act because the submittals will not interfere with continued attainment of the NAAQS in each District. EPA has concluded that the State's submission fulfills the 40 CFR 51.1114 revision requirement and meets the requirements of CAA section 110 and the minimum SIP requirements of 40 CFR 51.165. The intended effect of our proposed action is to approve the submitted certifications as meeting the applicable Phase 2 Rule requirements. If we finalize this action as proposed, our action would incorporate these certifications into the federally enforceable SIP and be codified through revisions to 40 CFR 52.220 (Identification of plan). We will accept comments from the public on this proposal until September 19, 2018. In addition, the FFS Rule issued by EPA on February 3, 2017 started an 18-month sanctions clock and a 24-month Federal Implementation Plan (FIP) clock. See 82 FR 9158. The 18-month sanctions clock was stopped upon receipt of California's SIP revisions and our determination that the submittals were complete. We determined the submittals were complete on July 18, 2018, for the SJVAPCD and YSAQMD, and on July 31, 2018, for the SCAQMD. The 24-month FIP clock will stop upon the effective date of our final approval. V. Incorporation by Reference In this document, 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 certifications listed in Table 1 of this preamble. The EPA has made, and will continue to make, these materials available electronically through www.regulations.gov and in hard copy at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). [[Page 42066]] VI. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this 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 EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable 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 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, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: August 8, 2018. Deborah Jordan, Acting Regional Administrator, Region IX. [FR Doc. 2018-17835 Filed 8-17-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Proposed Rules 42063
• Confidential Submissions—To I. Background SUMMARY: The Environmental Protection
submit a comment with confidential We are announcing the availability of Agency (EPA) is proposing to approve
information that you do not wish to be a draft guidance for industry entitled three state implementation plan (SIP)
made publicly available, submit your ‘‘Supplemental Questions and Answers revisions submitted by the State of
comments only as a written/paper Regarding Food Facility Registration.’’ California addressing the nonattainment
submission. You should submit two We are issuing the draft guidance new source review (NNSR)
copies total. One copy will include the consistent with our good guidance requirements for the 2008 8-hour ozone
information you claim to be confidential practices regulation (21 CFR 10.115). National Ambient Air Quality Standards
with a heading or cover note that states The draft guidance, when finalized, will (NAAQS). These SIP revisions address
‘‘THIS DOCUMENT CONTAINS represent the current thinking of FDA the South Coast Air Quality
CONFIDENTIAL INFORMATION.’’ The on this topic. This draft guidance does Management District (SCAQMD or
Agency will review this copy, including not establish any rights for any person District), San Joaquin Valley Air
the claimed confidential information, in and is not binding on FDA or the public. Pollution Control District (SJVAPCD or
its consideration of comments. The You can use an alternate approach if it District) and Yolo-Solano Air Quality
second copy, which will have the satisfies the requirements of the Management District (YSAQMD or
claimed confidential information applicable statutes and regulations. This District) portions of the California SIP.
redacted/blacked out, will be available guidance is not subject to Executive This action is being taken pursuant to
for public viewing and posted on Order 12866. the Clean Air Act (CAA or ‘‘Act’’) and
https://www.regulations.gov. Submit Elsewhere in this issue of the Federal its implementing regulations.
both copies to the Dockets Management Register, FDA is announcing the DATES: Any comments must arrive by
Staff. If you do not wish your name and guidance document entitled ‘‘Questions September 19, 2018.
contact information to be made publicly and Answers Regarding Food Facility ADDRESSES: Submit your comments,
available, you can provide this Registration (Seventh Edition),’’ to identified by Docket ID No. EPA–R09–
information on the cover sheet and not which this draft guidance is a OAR–2018–0587 at http://
in the body of your comments and you supplement. We intend to finalize this www.regulations.gov, or via email to
must identify this information as draft guidance document by R9AirPermits@epa.gov. For comments
‘‘confidential.’’ Any information marked incorporating the questions and answers submitted at Regulations.gov, follow the
as ‘‘confidential’’ will not be disclosed into a future edition of the guidance online instructions for submitting
except in accordance with 21 CFR 10.20 document entitled ‘‘Questions and comments. Once submitted, comments
and other applicable disclosure law. For Answers Regarding Food Facility cannot be removed or edited from
more information about FDA’s posting Registration (Seventh Edition).’’ Regulations.gov. For either manner of
of comments to public dockets, see 80 submission, the EPA may publish any
FR 56469, September 18, 2015, or access II. Electronic Access comment received to its public docket.
the information at: https://www.gpo.gov/ Persons with access to the internet Do not submit electronically any
fdsys/pkg/FR-2015-09-18/pdf/2015- may obtain the draft guidance at either information you consider to be
23389.pdf. https://www.fda.gov/FoodGuidances or Confidential Business Information (CBI)
Docket: For access to the docket to https://www.regulations.gov. Use the or other information whose disclosure is
read background documents or the FDA website listed in the previous restricted by statute. Multimedia
electronic and written/paper comments sentence to find the most current submissions (audio, video, etc.) must be
received, go to https:// version of the guidance. accompanied by a written comment.
www.regulations.gov and insert the The written comment is considered the
Dated: August 14, 2018.
docket number, found in brackets in the official comment and should include
Leslie Kux,
heading of this document, into the discussion of all points you wish to
‘‘Search’’ box and follow the prompts Associate Commissioner for Policy.
make. The EPA will generally not
and/or go to the Dockets Management [FR Doc. 2018–17852 Filed 8–17–18; 8:45 am] consider comments or comment
Staff, 5630 Fishers Lane, Rm. 1061, BILLING CODE 4164–01–P contents located outside of the primary
Rockville, MD 20852. submission (i.e. on the web, cloud, or
You may submit comments on any other file sharing system). For
guidance at any time (see 21 CFR ENVIRONMENTAL PROTECTION additional submission methods, please
10.115(g)(5)). AGENCY contact the person identified in the FOR
Submit written requests for single FURTHER INFORMATION CONTACT section.
copies of the draft guidance to the Office 40 CFR Part 52 For the full EPA public comment policy,
of Compliance, Center for Food Safety information about CBI or multimedia
and Applied Nutrition, Food and Drug [EPA–R09–OAR–2018–0587; FRL–9982– submissions, and general guidance on
Administration, 5001 Campus Dr., 58—Region 9] making effective comments, please visit
College Park, MD 20740. Send two self- http://www2.epa.gov/dockets/
Revisions to California State commenting-epa-dockets.
addressed adhesive labels to assist that
Implementation Plan; South Coast Air
office in processing your request. See FOR FURTHER INFORMATION CONTACT:
Quality Management District, San
the SUPPLEMENTARY INFORMATION section Laura Yannayon, EPA Region 9, (415)
Joaquin Valley Air Pollution Control
for electronic access to the draft 972–3534, yannayon.laura@epa.gov.
daltland on DSKBBV9HB2PROD with PROPOSALS
District and Yolo-Solano Air Quality
guidance. SUPPLEMENTARY INFORMATION:
Management; Nonattainment New
FOR FURTHER INFORMATION CONTACT: Source Review Requirements for the Throughout this document, the terms
Courtney Buchanan, Center for Food 2008 8-Hour Ozone Standard ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
Safety and Applied Nutrition, Food and Table of Contents
Drug Administration, 5001 Campus Dr., AGENCY: Environmental Protection
College Park, MD 20740, 240–402–2487. Agency. I. Background and Purpose
ACTION:Proposed rule. II. The State’s Submittal
SUPPLEMENTARY INFORMATION: A. What did the State submit?
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![42066 Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Proposed Rules
VI. Statutory and Executive Order tribal implications and will not impose Comments. Comments must be
Reviews substantial direct costs on tribal received on or before October 4, 2018.
Under the Clean Air Act, the governments or preempt tribal law as Public hearing. If anyone contacts us
Administrator is required to approve a specified by Executive Order 13175 (65 requesting a public hearing on or before
SIP submission that complies with the FR 67249, November 9, 2000). August 27, 2018, we will hold a hearing.
provisions of the Act and applicable Additional information about the
List of Subjects in 40 CFR Part 52
Federal regulations. 42 U.S.C. 7410(k); hearing, if requested, will be published
Environmental protection, Air in a subsequent Federal Register
40 CFR 52.02(a). Thus, in reviewing SIP pollution control, Incorporation by
submissions, EPA’s role is to approve document and posted at https://
reference, Intergovernmental relations, www.epa.gov/stationary-sources-air-
state choices, provided that they meet Nitrogen dioxide, Ozone, Reporting and
the criteria of the Clean Air Act. pollution/brick-and-structural-clay-
recordkeeping requirements, Volatile products-national-emission-standards.
Accordingly, this action merely organic compounds.
approves state law as meeting Federal See SUPPLEMENTARY INFORMATION for
requirements and does not impose Dated: August 8, 2018. information on registering and attending
additional requirements beyond those Deborah Jordan, a public hearing.
imposed by state law. For that reason, Acting Regional Administrator, Region IX. ADDRESSES:
this action: [FR Doc. 2018–17835 Filed 8–17–18; 8:45 am] Comments. Submit your comments,
• Is not a significant regulatory action BILLING CODE 6560–50–P
identified by Docket ID No. EPA–HQ–
subject to review by the Office of OAR–2013–0290, at https://
Management and Budget under www.regulations.gov. Follow the online
Executive Orders 12866 (58 FR 51735, ENVIRONMENTAL PROTECTION instructions for submitting comments.
October 4, 1993) and 13563 (76 FR 3821, AGENCY Once submitted, comments cannot be
January 21, 2011); edited or removed from Regulations.gov.
• Does not impose an information 40 CFR Part 63 See SUPPLEMENTARY INFORMATION for
collection burden under the provisions [EPA–HQ–OAR–2013–0290; FRL–9982–43–
detail about how the EPA treats
of the Paperwork Reduction Act (44 OAR] submitted comments. Regulations.gov is
U.S.C. 3501 et seq.); our preferred method of receiving
RIN 2060–AT25
• Is certified as not having a comments. However, the following
significant economic impact on a other submission methods are also
National Emission Standards for
substantial number of small entities accepted:
Hazardous Air Pollutants for Clay • Email: a-and-r-docket@epa.gov.
under the Regulatory Flexibility Act (5 Ceramics Manufacturing
U.S.C. 601 et seq.); Include Docket ID No. EPA–HQ–OAR–
• Does not contain any unfunded AGENCY: Environmental Protection 2013–0290 in the subject line of the
mandate or significantly or uniquely Agency (EPA). message.
affect small governments, as described ACTION: Proposed rule. • Fax: (202) 566–9744. Attention
in the Unfunded Mandates Reform Act Docket ID No. EPA–HQ–OAR–2013–
of 1995 (Pub. L. 104–4); SUMMARY: This action proposes 0290.
• Does not have Federalism amendments to the National Emission • Mail: To ship or send mail via the
implications as specified in Executive Standards for Hazardous Air Pollutants United States Postal Service, use the
Order 13132 (64 FR 43255, August 10, (NESHAP) for Clay Ceramics following address: U.S. Environmental
1999); Manufacturing. The proposed Protection Agency, EPA Docket Center,
• Is not an economically significant amendments are in response to a Docket ID No. EPA–HQ–OAR–2013–
regulatory action based on health or petition for reconsideration filed by 0290, Mail Code 28221T, 1200
safety risks subject to Executive Order industry stakeholders on the final rule Pennsylvania Avenue NW, Washington,
13045 (62 FR 19885, April 23, 1997); promulgated on October 26, 2015, as DC 20460.
• Is not a significant regulatory action well as our review of the 2015 rule with • Hand/Courier Delivery: Use the
subject to Executive Order 13211 (66 FR respect to other issues raised by following Docket Center address if you
28355, May 22, 2001); stakeholders. This action proposes to are using express mail, commercial
• Is not subject to requirements of revise the temperature monitoring delivery, hand delivery, or courier: EPA
section 12(d) of the National methodology used to demonstrate Docket Center, EPA WJC West Building,
Technology Transfer and Advancement continuous compliance with the dioxin/ Room 3334, 1301 Constitution Avenue
Act of 1995 (15 U.S.C. 272 note) because furan (D/F) emissions limit of the final NW, Washington, DC 20004. Delivery
application of those requirements would rule. In addition, we are proposing to verification signatures will be available
be inconsistent with the Clean Air Act; address concerns raised by industry only during regular business hours.
and stakeholders regarding visible emissions FOR FURTHER INFORMATION CONTACT: For
• Does not provide EPA with the (VE) monitoring of tunnel kiln stacks for questions about this proposed action,
discretionary authority to address, as continuous compliance with particulate contact Mr. Brian Storey, Sector Policies
appropriate, disproportionate human matter (PM) and mercury (Hg) emission and Programs Division (D243–03),
health or environmental effects, using limitations. This action also proposes to Office of Air Quality Planning and
practicable and legally permissible amend the requirements for weekly Standards, U.S. Environmental
daltland on DSKBBV9HB2PROD with PROPOSALS
methods, under Executive Order 12898 visual inspections of system ductwork Protection Agency, Research Triangle
(59 FR 7629, February 16, 1994). and control device equipment for water Park, North Carolina 27711; telephone
• In addition, the SIP is not approved curtain spray booths. Lastly, this action number: (919) 541–1103; fax number:
to apply on any Indian reservation land proposes to amend the NESHAP to (919) 541–4991; and email address:
or in any other area where EPA or an include provisions for emissions storey.brian@epa.gov.
Indian tribe has demonstrated that a averaging and make technical SUPPLEMENTARY INFORMATION:
tribe has jurisdiction. In those areas of corrections. Public hearing. Please contact Ms.
Indian country, the rule does not have DATES: Aimee St. Clair at (919) 541–1063 or by
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| 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 September 19, 2018. | |
| Contact | Laura Yannayon, EPA Region 9, (415) 972-3534, [email protected] | |
| FR Citation | 83 FR 42063 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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