83 FR 49870 - Air Plan Approval; California; Feather River Air Quality Management District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 192 (October 3, 2018)
Federal Register Volume 83, Issue 192 (October 3, 2018)
| Page Range | 49870-49872 | |
| FR Document | 2018-21467 |
[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)] [Proposed Rules] [Pages 49870-49872] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21467] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2018-0559; FRL-9984-80--Region 9] Air Plan Approval; California; Feather River Air Quality Management District AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the Feather River Air Quality Management District (FRAQMD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of oxides of nitrogen (NOX ) from natural gas-fired water heaters, small boilers, and process heaters. We are proposing to approve a local rule to regulate these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action. DATES: Any comments must arrive by November 2, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09- OAR-2018-0559, at https://www.regulations.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. 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://www.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Robert Schwartz, EPA Region IX, (415) 972-3286, schwartz.robert@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA. Table of Contents I. The State's Submittal A. What rule did the State submit? B. Are there other versions of this rule? C. What is the purpose of the submitted rule? II. The EPA's Evaluation and Action A. How is the EPA evaluating the rule? B. Does the rule meet the evaluation criteria? C. EPA Recommendations To Further Improve the Rule D. Public comment and proposed action III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. The State's Submittal A. What rule did the State submit? Table 1 lists the rule addressed by this proposal with the dates that it was adopted by the local air agency and submitted by the California Air Resources Board (CARB). [[Page 49871]] Table 1--Submitted Rule ---------------------------------------------------------------------------------------------------------------- Local agency Rule number Rule title Adopted Submitted ---------------------------------------------------------------------------------------------------------------- FRAQMD................................ 3.23 Natural Gas-Fired Water 10/03/2016 05/08/2017 Heaters, Small Boilers, And Process Heaters. ---------------------------------------------------------------------------------------------------------------- On November 1, 2017, the EPA determined that the submittal for FRAQMD Rule 3.23 met the completeness criteria in 40 CFR part 51 Appendix V, which must be met before formal EPA review. B. Are there other versions of this rule? There are no previous versions of Rule 3.23 in the SIP. C. What is the purpose of the submitted rule? Emissions of oxides of nitrogen (NOX ) contribute to ground-level ozone, smog and particulate matter, which harm human health and the environment. Section 110(a) of the CAA requires states to submit regulations that control NOX emissions. Rule 3.23 limits NOX emissions in the FRAQMD from natural gas-fired water heaters, small boilers, and process heaters rated 0.075 MM \1\ to 1 MM Btu/hr \2\. The EPA's technical support document (TSD) has more information about this rule. --------------------------------------------------------------------------- \1\ MM = million. \2\ British thermal unit (Btu): The amount of heat required to raise the temperature of one pound of water from 59 [deg]F to 60 [deg]F at one atmosphere. --------------------------------------------------------------------------- II. The EPA's Evaluation and Action A. How is the EPA evaluating the rule? SIP rules must be enforceable (see CAA section 110(a)(2)), must not interfere with applicable requirements concerning attainment and reasonable further progress or other CAA requirements (see CAA section 110(l)), and must not modify certain SIP control requirements in nonattainment areas without ensuring equivalent or greater emissions reductions (see CAA section 193). Generally, SIP rules must require Reasonably Available Control Measures/Reasonably Available Control Technology (RACM/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)). 40 CFR 81.305 describes FRAQMD as regulating a portion of the Sacramento Metro Area nonattainment area classified as Severe for the 1997 and 2008 8- hour ozone National Ambient Air Quality Standards (NAAQS). The rest of FRAQMD is designated as unclassifiable/attainment. Rule 3.23 regulates area sources that are too small to exceed the major source threshold of 25 tons per year for Severe ozone nonattainment areas (see CAA 182(d) and (f)) and is therefore not subject to major source ozone RACT requirements. Nonetheless, FRAQMD must implement all RACM/RACT for NOX necessary to demonstrate attainment as expeditiously as practicable and to meet any reasonable further progress (RFP) requirements (CAA 172(c)(1), 40 CFR 51.912(d), 51.1112(c)). Guidance and policy documents that we used to evaluate enforceability, revision/relaxation and rule stringency requirements for the applicable criteria pollutants include the following: 1. ``State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992). 2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11, 1990). 3. ``Guidance Document for Correcting Common VOC & Other Rule Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook). 4. ``State Implementation Plans; Nitrogen Oxides Supplement to the General Preamble; Clean Air Act Amendments of 1990 Implementation of Title I; Proposed Rule,'' (the NOX Supplement), 57 FR 55620, November 25, 1992. 5. ``Alternative Control Techniques Document--NOX Emissions from Industrial/Commercial/Institutional (ICI) Boilers'', US EPA 453/R-94-022 (March 1994). 6. ``Alternative Control Techniques Document--NOX Emissions from Process Heaters (Revised)'' (EPA-453/R-93-034 1993/09). 7. ``Determination of Reasonably Available Control Technology and Best Available Retrofit Control Technology for Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters'' (California Air Resources Board, July 18, 1991). B. Does the Rule Meet the Evaluation Criteria? This rule is consistent with CAA requirements and relevant guidance regarding enforceability, RACT, and SIP revisions. The TSD has more information on our evaluation. C. EPA Recommendations To Further Improve the Rule The TSD describes additional rule revisions that we recommend for the next time the local agency modifies the rule but are not currently the basis for rule disapproval. D. Public Comment and Proposed Action As authorized in section 110(k)(3) of the Act, the EPA proposes to fully approve the submitted rule because it fulfills all relevant requirements. We will accept comments from the public on this proposal until November 2, 2018. If we take final action to approve the submitted rule, our final action will incorporate this rule into the federally enforceable SIP. III. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the FRAQMD rule described in Table 1 of this preamble. The EPA has made, and will continue to make, these materials available through www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this proposed action merely proposes to approve state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under [[Page 49872]] Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; 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, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: September 21, 2018. Deborah Jordan, Acting Regional Administrator, Region IX. [FR Doc. 2018-21467 Filed 10-2-18; 8:45 am] BILLING CODE 6560-50-P
![49870 Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Proposed Rules
employees at least the federal minimum professional employees may apply? Any comments must arrive by
DATES:
wage (currently $7.25 an hour) for all Why? November 2, 2018.
hours worked, and overtime premium 2. What benefits and costs to
employees and employers might ADDRESSES: Submit your comments,
pay of not less than one and one-half
accompany an increased salary level? identified by Docket ID No. EPA–R09–
times the employee’s regular rate of pay
How would an increased salary level OAR–2018–0559, at https://
for any hours worked over 40 in a
affect real wages (e.g., increasing www.regulations.gov. For comments
workweek. The FLSA exempts from
overtime pay for employees whose submitted at Regulations.gov, follow the
both minimum wage and overtime
current salaries are below a new level online instructions for submitting
protection ‘‘any employee employed in
but above the current threshold)? Could comments. Once submitted, comments
a bona fide executive, administrative, or
an increased salary level reduce cannot be edited or removed from
professional capacity’’ and delegates to
litigation costs by reducing the number Regulations.gov. The EPA may publish
the Secretary of Labor the power to
of employees whose exemption status is any comment received to its public
define and delimit these terms through
unclear? Could this additional certainty docket. Do not submit electronically any
regulation.
produce other benefits for employees information you consider to be
DATES: The date, location, and time for Confidential Business Information (CBI)
the public listening session is listed and employers?
3. What is the best methodology to or other information whose disclosure is
below: October 17, 2018, Washington, restricted by statute. Multimedia
DC, 10 a.m.–12 p.m. determine an updated salary level?
Should the update derive from wage submissions (audio, video, etc.) must be
Members of the public may attend accompanied by a written comment.
this listening session in person up to the growth, cost-of-living increases, actual
wages paid to employees, or some other The written comment is considered the
seating capacity of the room. The official comment and should include
Department will not attempt to achieve measure?
4. Should the Department more discussion of all points you wish to
a consensus view in this listening make. The EPA will generally not
session, but rather is interested in regularly update the standard salary
level and the total-annual-compensation consider comments or comment
hearing the views and ideas of contents located outside of the primary
participants. level for highly compensated
employees? If so, how should these submission (i.e. on the web, cloud, or
ADDRESSES: To obtain specific location updates be made? How frequently other file sharing system). For
details and register to attend, please should updates occur? What benefits, if additional submission methods, please
visit this link: https:// any, could result from more frequent contact the person identified in the FOR
www.eventbrite.com/e/overtime-rule- updates? FURTHER INFORMATION CONTACT section.
listening-session-tickets-50661020476. For the full EPA public comment policy,
Dated: September 28, 2018.
FOR FURTHER INFORMATION CONTACT: information about CBI or multimedia
Robert Waterman, submissions, and general guidance on
Stephen Davis, Listening Session
Coordinator, Division of Regulations, Senior Compliance Specialist, Division of making effective comments, please visit
Regulations, Legislation and Interpretation. http://www.epa.gov/dockets/
Legislation, and Interpretation, Wage
and Hour Division, U.S. Department of [FR Doc. 2018–21521 Filed 10–2–18; 8:45 am] commenting-epa-dockets.
Labor, Room S–3502, 200 Constitution BILLING CODE 4510–27–P
FOR FURTHER INFORMATION CONTACT:
Avenue NW, Washington, DC 20210; Robert Schwartz, EPA Region IX, (415)
telephone: (202) 693–0406 (this is not a 972–3286, schwartz.robert@epa.gov.
toll-free number). Copies of this notice ENVIRONMENTAL PROTECTION
may be obtained in alternative formats AGENCY SUPPLEMENTARY INFORMATION:
(Large Print, Braille, Audio Tape, or Throughout this document, ‘‘we,’’ ‘‘us’’
Disc), upon request, by calling (202) 40 CFR Part 52 and ‘‘our’’ refer to the EPA.
693–0023 (not a toll-free number). TTY/ [EPA–R09–OAR–2018–0559; FRL–9984– Table of Contents
TTD callers may dial toll-free (877) 889– 80—Region 9]
5627 to obtain information or request I. The State’s Submittal
materials in alternative formats. Air Plan Approval; California; Feather A. What rule did the State submit?
River Air Quality Management District B. Are there other versions of this rule?
SUPPLEMENTARY INFORMATION: On July C. What is the purpose of the submitted
26, 2017, the Department of Labor AGENCY: Environmental Protection rule?
published a Request for Information Agency (EPA). II. The EPA’s Evaluation and Action
(RFI), Defining and Delimiting the ACTION: Proposed rule. A. How is the EPA evaluating the rule?
Exemptions for Executive, B. Does the rule meet the evaluation
Administrative, Professional, Outside SUMMARY: The Environmental Protection criteria?
Sales and Computer Employees. See 82 Agency (EPA) is proposing to approve a C. EPA Recommendations To Further
revision to the Feather River Air Quality Improve the Rule
FR 34616. The RFI was one opportunity
D. Public comment and proposed action
for the public to provide information to Management District (FRAQMD) portion III. Incorporation by Reference
aid the Department in formulating a of the California State Implementation IV. Statutory and Executive Order Reviews
proposal to revise the white collar Plan (SIP). This revision concerns
exemption regulations. Public listening emissions of oxides of nitrogen (NOX) I. The State’s Submittal
sessions provide further opportunity for from natural gas-fired water heaters,
daltland on DSKBBV9HB2PROD with PROPOSALS
A. What rule did the State submit?
the public to provide input on issues small boilers, and process heaters. We
related to the salary level test, such as: are proposing to approve a local rule to Table 1 lists the rule addressed by this
1. What is the appropriate salary level regulate these emission sources under proposal with the dates that it was
(or range of salary levels) above which the Clean Air Act (CAA or the Act). We adopted by the local air agency and
the overtime exemptions for bona fide are taking comments on this proposal submitted by the California Air
executive, administrative, or and plan to follow with a final action. Resources Board (CARB).
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![49872 Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Proposed Rules
Executive Orders 12866 (58 FR 51735, Dated: September 21, 2018. additional submission methods, please
October 4, 1993) and 13563 (76 FR 3821, Deborah Jordan, contact the person identified in the FOR
January 21, 2011); Acting Regional Administrator, Region IX. FURTHER INFORMATION CONTACT section.
• is not an Executive Order 13771 (82 [FR Doc. 2018–21467 Filed 10–2–18; 8:45 am] For the full EPA public comment policy,
FR 9339, February 2, 2017) regulatory BILLING CODE 6560–50–P information about CBI or multimedia
action because SIP approvals are submissions, and general guidance on
exempted under Executive Order 12866; making effective comments, please visit
ENVIRONMENTAL PROTECTION http://www2.epa.gov/dockets/
• does not impose an information commenting-epa-dockets.
AGENCY
collection burden under the provisions
FOR FURTHER INFORMATION CONTACT:
of the Paperwork Reduction Act (44 40 CFR Part 52
U.S.C. 3501 et seq.); Wienke Tax, Air Planning Office (AIR–
[EPA–R09–OAR–2017–0490; FRL–9984– 2), EPA Region IX, (415) 947–4192,
• is certified as not having a 91—Region 9] tax.wienke@epa.gov.
significant economic impact on a SUPPLEMENTARY INFORMATION:
substantial number of small entities Approval and Promulgation of Throughout this document, ‘‘we,’’ ‘‘us’’
under the Regulatory Flexibility Act (5 Implementation Plans; California; and ‘‘our’’ refer to the EPA.
U.S.C. 601 et seq.); South Coast Serious Area Plan for the
• does not contain any unfunded 2006 PM2.5 NAAQS Table of Contents
mandate or significantly or uniquely AGENCY: U.S. Environmental Protection I. Background
affect small governments, as described Agency (EPA). II. Summary of the 2016 PM2.5 Plan
in the Unfunded Mandates Reform Act III. Completeness Review of the 2016 PM2.5
ACTION: Proposed rule. Plan
of 1995 (Pub. L. 104–4);
IV. Clean Air Act Requirements for PM2.5
• does not have Federalism SUMMARY: The Environmental Protection Serious Area Plans
implications as specified in Executive Agency (EPA) is proposing to approve V. Review of South Coast Serious Area Plan
Order 13132 (64 FR 43255, August 10, state implementation plan (SIP) Addressing the 2006 PM2.5 NAAQS
1999); revisions submitted by California to A. Emissions Inventory
address Clean Air Act (CAA or ‘‘Act’’) B. PM2.5 Precursors
• is not an economically significant C. Best Available Control Measures
requirements for the 2006 24-hour fine
regulatory action based on health or particulate matter (PM2.5) national D. Attainment Demonstration and
safety risks subject to Executive Order ambient air quality standards (NAAQS Modeling
13045 (62 FR 19885, April 23, 1997); or ‘‘standards’’) in the Los Angeles- E. Reasonable Further Progress and
• is not a significant regulatory action Quantitative Milestones
South Coast air basin (South Coast) F. Contingency Measures
subject to Executive Order 13211 (66 FR Serious PM2.5 nonattainment area. The G. Major Stationary Source Control
28355, May 22, 2001); EPA is also proposing to approve 2017 Requirements Under CAA Section 189(e)
• is not subject to requirements of and 2019 motor vehicle emissions H. Motor Vehicle Emission Budgets
Section 12(d) of the National budgets for transportation conformity VI. Summary of Proposed Actions and
Technology Transfer and Advancement purposes and inter-pollutant trading Request for Public Comment
Act of 1995 (15 U.S.C. 272 note) because ratios for use in transportation VII. Statutory and Executive Order Reviews
application of those requirements would conformity analyses. I. Background
be inconsistent with the Clean Air Act; DATES: Any comments must arrive by
November 2, 2018. On October 17, 2006, the EPA revised
and
the 24-hour NAAQS for PM2.5,
• does not provide the EPA with the ADDRESSES: Submit your comments,
particulate matter with a diameter of 2.5
discretionary authority to address identified by Docket ID No. EPA–R09– microns or less, to provide increased
disproportionate human health or OAR–2017–0490 at https:// protection of public health by lowering
environmental effects with practical, www.regulations.gov, or via email to the level from 65 micrograms per cubic
appropriate, and legally permissible tax.wienke@epa.gov. For comments meter (mg/m3) to 35 mg/m3.1
methods under Executive Order 12898 submitted at Regulations.gov, follow the
Epidemiological studies have shown
(59 FR 7629, February 16, 1994). online instructions for submitting
statistically significant correlations
comments. Once submitted, comments
In addition, the SIP is not approved between elevated PM2.5 levels and
cannot be edited or removed from
to apply on any Indian reservation land premature mortality. Other important
Regulations.gov. For either manner of
or in any other area where the EPA or health effects associated with PM2.5
submission, the EPA may publish any
an Indian tribe has demonstrated that a exposure include aggravation of
comment received to its public docket.
tribe has jurisdiction. In those areas of respiratory and cardiovascular disease
Do not submit electronically any
Indian country, the rule does not have (as indicated by increased hospital
information you consider to be
tribal implications and will not impose admissions, emergency room visits,
Confidential Business Information (CBI)
substantial direct costs on tribal absences from school or work, and
or other information whose disclosure is
governments or preempt tribal law as
restricted by statute. Multimedia
specified by Executive Order 13175 (65 1 40 CFR 50.13 and 71 FR 61144 (October 17,
submissions (audio, video, etc.) must be 2006). The EPA first established NAAQS for PM2.5
FR 67249, November 9, 2000).
accompanied by a written comment. on July 18, 1997 (62 FR 38652), including annual
daltland on DSKBBV9HB2PROD with PROPOSALS
List of Subjects in 40 CFR Part 52 The written comment is considered the standards of 15.0 mg/m3 based on a 3-year average
of annual mean PM2.5 concentrations and 24-hour
official comment and should include (daily) standards of 65 mg/m3 based on a 3-year
Environmental protection, Air discussion of all points you wish to average of 98th percentile 24-hour concentrations
pollution control, Incorporation by make. The EPA will generally not (40 CFR 50.7). In 2012, the EPA revised the annual
reference, Intergovernmental relations, consider comments or comment standards to lower them to 12 mg/m3 (78 FR 3086,
Nitrogen dioxide, Ozone, Reporting and contents located outside of the primary January 15, 2013, codified at 40 CFR 50.18). Unless
recordkeeping requirements. otherwise noted, all references to the PM2.5
submission (i.e., on the web, cloud, or standards in this notice are to the 2006 24-hour
Authority: 42 U.S.C. 7401 et seq. other file sharing system). For NAAQS of 35 mg/m3 codified at 40 CFR 50.13.
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Document Created: 2018-10-03 02:29:42
Document Modified: 2018-10-03 02:29:42
| 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 November 2, 2018. | |
| Contact | Robert Schwartz, EPA Region IX, (415) 972-3286, [email protected] | |
| FR Citation | 83 FR 49870 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone and Reporting and Recordkeeping Requirements |
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