83 FR 50548 - Air Plan Approval; California; El Dorado County Air Quality Management District; Reasonably Available Control Technology Demonstration
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 195 (October 9, 2018)
Federal Register Volume 83, Issue 195 (October 9, 2018)
| Page Range | 50548-50551 | |
| FR Document | 2018-21882 |
[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)] [Proposed Rules] [Pages 50548-50551] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21882] [[Page 50548]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2018-0602; FRL-9985-14-Region 9] Air Plan Approval; California; El Dorado County Air Quality Management District; Reasonably Available Control Technology Demonstration AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the El Dorado County Air Quality Management District (EDCAQMD or ``District'') portion of the California State Implementation Plan (SIP). This revision concerns the District's demonstration regarding Reasonably Available Control Technology (RACT) requirements for the 2008 8-hour ozone National Ambient Air Quality Standard (NAAQS) and negative declarations for several source categories. We are proposing action on a local SIP revision 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 8, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09- OAR-2018-0602 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 https://www.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Stanley Tong, EPA Region IX, (415) 947-4122, [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 document did the State submit? B. Are there other versions of this document? C. What is the purpose of the submitted document? II. The EPA's Evaluation and Proposed Action A. How is the EPA evaluating the submitted document? B. Does the submitted document meet the evaluation criteria? C. Public Comment and Proposed Action III. Statutory and Executive Order Reviews I. The State's Submittal A. What document did the State submit? On January 3, 2017, the EDCAQMD adopted the ``Reasonably Available Control Technology (RACT) State Implementation Plan (SIP) Update Analysis Staff Report'' (``2017 RACT SIP''), and on January 4, 2017, the California Air Resources Board (CARB) submitted it to the EPA for approval as a revision to the California SIP. The submittal also included EDCAQMD's Resolution 002-2017, approving the 2017 RACT SIP. On January 5, 2017, the EPA determined that the submittal for EDCAQMD's 2017 RACT SIP 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 document? There are no previous versions of this document in the EDCAQMD portion of the California SIP for the 2008 8-hour ozone NAAQS. C. What is the purpose of the submitted document? Volatile organic compounds (VOCs) and oxides of nitrogen (NOX ) together produce 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 VOC and NOX emissions. Sections 182(b)(2) and (f) require that SIPs for ozone nonattainment areas classified as Moderate or above implement RACT for any source covered by a Control Techniques Guidelines (CTG) document and for any major source of VOCs or NOX . The EDCAQMD is subject to this requirement because it regulates a nonattainment area classified as Severe for the 2008 8-hour ozone NAAQS. Therefore, the EDCAQMD must, at a minimum, adopt RACT- level controls for all sources covered by a CTG document and for all major non-CTG sources of VOCs or NOX within the nonattainment area that it regulates. Any stationary source that emits or has the potential to emit at least 25 tons per year (tpy) of VOCs or NOX is a major stationary source in a Severe ozone nonattainment area (CAA section 182(d), (f), and 302(j)). Section III.D of the preamble to the EPA's final rule to implement the 2008 8-hour ozone NAAQS (80 FR 12264, March 6, 2015) discusses RACT requirements. It states in part that RACT SIPs must contain adopted RACT regulations, certifications where appropriate that existing provisions are RACT, and/or negative declarations that no sources in the nonattainment area are covered by a specific CTG. Id. at 12278. It also provides that states must submit appropriate supporting information for their RACT submissions as described in the EPA's implementation rule for the 1997 ozone NAAQS. See id. and 70 FR 71612, 71652 (November 29, 2005). The submitted document provides EDCAQMD's analysis of its compliance with CAA section 182 RACT requirements for the 2008 8-hour ozone NAAQS. The EPA's technical support document (TSD) has more information about the District's submission and the EPA's evaluations thereof. II. The EPA's Evaluation and Proposed Action A. How is the EPA evaluating the submitted document? SIP rules must require RACT for each category of sources covered by a CTG document as well as each major source of VOCs or NOX in ozone nonattainment areas classified as Moderate or above (see CAA section 182(b)(2)). The EDCAQMD regulates a Serious ozone nonattainment area (see 40 CFR 81.305) so the District's rules must implement RACT. States should also submit for SIP approval negative declarations for those source categories for which they have not adopted CTG-based regulations (because they have no sources above the CTG-recommended applicability threshold) regardless of whether such negative declarations were made for an earlier SIP.\1\ To do so, the submittal should provide reasonable assurance [[Page 50549]] that no sources subject to the CTG requirements currently exist in the EDCAQMD. --------------------------------------------------------------------------- \1\ 57 FR 13498, 13512 (April 16, 1992). --------------------------------------------------------------------------- The District's analysis must demonstrate that each major source of VOCs or NOX in the ozone nonattainment area is covered by a RACT-level rule. In addition, for each CTG source category, the District must either demonstrate that a RACT-level rule is in place, or submit a negative declaration. Guidance and policy documents that we use to evaluate CAA section 182 RACT requirements 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. Memorandum from William T. Harnett to Regional Air Division Directors, dated May 18, 2006, ``RACT Qs & As--Reasonably Available Control Technology (RACT) Questions and Answers.'' 6. ``Final Rule to Implement the 8-hour Ozone National Ambient Air Quality Standard -Phase 2,'' 70 FR 71612 (November 29, 2005). 7. ``Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements,'' 80 FR 12264 (March 6, 2015). B. Does the submitted document meet the evaluation criteria? EDCAQMD's 2017 RACT SIP provides the District's demonstration that the applicable SIP for the El Dorado County AQMD satisfies CAA section 182 RACT requirements for the 2008 8-hour ozone NAAQS. This conclusion is based on the District's analysis of SIP-approved requirements that apply to: (1) Major non-CTG stationary sources of VOC or NOX emissions; and (2) CTG source categories. With respect to major stationary sources, the 2017 RACT SIP states the District has no major sources of air pollution that emit more than 25 tpy of VOC or NOX . The 2017 RACT SIP further states that the District's only major source, a biomass boiler, ceased operation in 2009 and the unit was dismantled in 2013. We reviewed CARB's emissions inventory database and agree with EDCAQMD's statement that there are currently no major stationary sources of VOC or NOX in the District. With respect to CTG source categories, we reviewed EDCAQMD's evaluation of its rules subject to RACT and we agree that its rules are generally consistent with the CTGs and recently adopted rules in neighboring air districts. Where there are no existing sources covered by a particular CTG document, or no major non-CTG sources, states may, in lieu of adopting RACT requirements for those sources, adopt negative declarations certifying that there are no such sources in the relevant nonattainment area. Table C of the 2017 RACT SIP lists the District's negative declarations where it has no sources subject to the applicable CTG for the 2008 8-hour ozone NAAQS. These negative declarations are re-listed in Table 1 below. The District concluded that it had no sources subject to the CTGs based on a review of its permit databases, Standard Industrial Classification codes, other source data, and its emissions inventory. In addition, the District concluded that it had no major non-CTG sources of NOX or VOCs, based on a review of the District emissions inventory, permit database, internet search, consultation with District Air Quality Specialists, and personal knowledge.\2\ The EPA searched CARB's emissions inventory database and conducted a general search on the internet for businesses in El Dorado County and also concluded that there do not appear to be facilities in the ozone nonattainment area that are subject to these CTGs. We believe that these negative declarations are consistent with the relevant policy and guidance regarding RACT. --------------------------------------------------------------------------- \2\ 2017 RACT SIP at 3. This conclusion was also stated in the resolution approving the 2017 RACT SIP. Resolution 002-2017 at 2 (``The Board of Directors of the EDCAQMD has determined in the 2008 RACT SIP Update Analysis that . . . there are no major stationary sources of VOC or NOX in the District; . . . EDCAQMD has reviewed its permit database and files and conducted public outreach and has determined that there [is] . . . no ``major source'' of VOC or NOX in El Dorado County . . . .'' Although major sources of NOX and VOCs are not included in the Table C list of negative declarations in the 2017 RACT SIP, we consider the unambiguous statements in the 2017 RACT SIP and Resolution 002-2017 that there are no major sources in the District sufficient to constitute a negative declaration for major NOX and VOC sources, and have thus included them in Table 1 below. --------------------------------------------------------------------------- Our TSD has more information on our evaluation of the submitted 2017 RACT SIP. Table 1--EDCAQMD Negative Declarations ------------------------------------------------------------------------ EPA document No. Title ------------------------------------------------------------------------ EPA-450/2-77-008.................. Control of Volatile Organic Emissions from Existing Stationary Sources--Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks. EPA-450/2-77-022.................. Control of Volatile Organic Emissions from Solvent Metal Cleaning. EPA-450/2-77-025.................. Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds. EPA-450/2-77-026.................. Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals. EPA-450/2-77-032.................. Control of Volatile Organic Emissions from Existing Stationary Sources--Volume III: Surface Coating of Metal Furniture. EPA-450/2-77-033.................. Control of Volatile Organic Emissions from Existing Stationary Sources--Volume IV: Surface Coating of Insulation of Magnet Wire. EPA-450/2-77-034.................. Control of Volatile Organic Emissions from Existing Stationary Sources--Volume V: Surface Coating of Large Appliances. EPA-450/2-77-036.................. Control of Volatile Organic Emissions from Storage of Petroleum Liquids in Fixed-Roof Tanks. EPA-450/2-78-015.................. Control of Volatile Organic Emissions from Existing Stationary Sources--Volume VI: Surface Coating of Miscellaneous Metal Parts and Products. EPA-450/2-78-029.................. Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products. EPA-450/2-78-030.................. Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires. EPA-450/2-78-032.................. Control of Volatile Organic Emissions from Existing Stationary Sources--Volume VII: Factory Surface Coating of Flat Wood Paneling. [[Page 50550]] EPA-450/2-78-033.................. Control of Volatile Organic Emissions from Existing Stationary Sources--Volume VIII: Graphic Arts- Rotogravure and Flexography. EPA-450/2-78-036.................. Control of Volatile Organic Compound Leaks from Petroleum Refinery Equipment. EPA-450/2-78-047.................. Control of Volatile Organic Emissions from Petroleum Liquid Storage in External Floating Roof Tanks. EPA-450/3-82-009.................. Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners. EPA-450/3-83-006.................. Control of Volatile Organic Compound Leaks from Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment. EPA-450/3-83-007.................. Control of Volatile Organic Compound Equipment Leaks from Natural Gas/ Gasoline Processing Plants. EPA-450/3-83-008.................. Control of Volatile Organic Compound Emissions from Manufacture of High- Density Polyethylene, Polypropylene, and Polystyrene Resins. EPA-450/3-84-015.................. Control of Volatile Organic Compound Emissions from Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry. EPA-450/4-91-031.................. Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations in Synthetic Organic Chemical Manufacturing Industry. EPA-453/R-96-007.................. Control of Volatile Organic Compound Emissions from Wood Furniture Manufacturing Operations. EPA-453/R-94-032.................. Alternative Control Technology Document--Surface Coating Operations at Shipbuilding and Ship Repair Facilities. 61 FR 44050; 8/27/96.............. Control Techniques Guidelines for Shipbuilding and Ship Repair Operations (Surface Coating). EPA-453/R-97-004, 59 FR 29216; 6/ Aerospace MACT and Aerospace (CTG & 06/94. MACT). EPA-453/R-06-001.................. Control Techniques Guidelines for Industrial Cleaning Solvents. EPA-453/R-06-002.................. Control Techniques Guidelines for Offset Lithographic Printing and Letterpress Printing. EPA-453/R-06-003.................. Control Techniques Guidelines for Flexible Package Printing. EPA-453/R-06-004.................. Control Techniques Guidelines for Flat Wood Paneling Coatings. EPA 453/R-07-003.................. Control Techniques Guidelines for Paper, Film, and Foil Coatings. EPA 453/R-07-004.................. Control Techniques Guidelines for Large Appliance Coatings. EPA 453/R-07-005.................. Control Techniques Guidelines for Metal Furniture Coatings. EPA 453/R-08-003.................. Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings. EPA 453/R-08-004.................. Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials. EPA 453/R-08-005.................. Control Techniques Guidelines for Miscellaneous Industrial Adhesives. EPA 453/R-08-006.................. Control Techniques Guidelines for Automobile and Light-Duty Truck Assembly Coatings. EPA 453/B16-001................... Control Techniques Guidelines for the Oil and Natural Gas Industry. ------------------------------------------------------------------------ Major non-CTG VOC sources Major non-CTG NOX sources ------------------------------------------------------------------------ C. Public Comment and Proposed Action As authorized in section 110(k)(3) of the Act, the EPA proposes to fully approve the 2017 RACT SIP including the above negative declarations because they fulfill the RACT SIP requirements under CAA sections 182(b) and (f) and 40 CFR 51.1112(a) and (b) for the 2008 ozone NAAQS. We will accept comments from the public on this proposal until November 8, 2018. If we take final action to approve the submitted documents, our final action will incorporate them into the federally enforceable SIP. III. 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); 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 [[Page 50551]] 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, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: September 26, 2018. Michael Stoker, Regional Administrator, Region IX. [FR Doc. 2018-21882 Filed 10-5-18; 8:45 am] BILLING CODE 6560-50-P
![50548 Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Proposed Rules
ENVIRONMENTAL PROTECTION https://www.epa.gov/dockets/ NOX. The EDCAQMD is subject to this
AGENCY commenting-epa-dockets. requirement because it regulates a
FOR FURTHER INFORMATION CONTACT: nonattainment area classified as Severe
40 CFR Part 52 Stanley Tong, EPA Region IX, (415) for the 2008 8-hour ozone NAAQS.
[EPA–R09–OAR–2018–0602; FRL–9985–14– 947–4122, tong.stanley@epa.gov. Therefore, the EDCAQMD must, at a
Region 9] SUPPLEMENTARY INFORMATION:
minimum, adopt RACT-level controls
Throughout this document, ‘‘we,’’ ‘‘us’’ for all sources covered by a CTG
Air Plan Approval; California; El and ‘‘our’’ refer to the EPA. document and for all major non-CTG
Dorado County Air Quality sources of VOCs or NOX within the
Management District; Reasonably Table of Contents nonattainment area that it regulates.
Available Control Technology I. The State’s Submittal Any stationary source that emits or has
Demonstration A. What document did the State submit? the potential to emit at least 25 tons per
B. Are there other versions of this year (tpy) of VOCs or NOX is a major
AGENCY: Environmental Protection
Agency (EPA). document? stationary source in a Severe ozone
C. What is the purpose of the submitted nonattainment area (CAA section
ACTION: Proposed rule. document? 182(d), (f), and 302(j)).
II. The EPA’s Evaluation and Proposed Section III.D of the preamble to the
SUMMARY: The Environmental Protection Action
Agency (EPA) is proposing to approve a EPA’s final rule to implement the 2008
A. How is the EPA evaluating the
revision to the El Dorado County Air submitted document?
8-hour ozone NAAQS (80 FR 12264,
Quality Management District B. Does the submitted document meet the March 6, 2015) discusses RACT
(EDCAQMD or ‘‘District’’) portion of the evaluation criteria? requirements. It states in part that RACT
California State Implementation Plan C. Public Comment and Proposed Action SIPs must contain adopted RACT
(SIP). This revision concerns the III. Statutory and Executive Order Reviews regulations, certifications where
District’s demonstration regarding appropriate that existing provisions are
I. The State’s Submittal
Reasonably Available Control RACT, and/or negative declarations that
Technology (RACT) requirements for A. What document did the State submit? no sources in the nonattainment area are
the 2008 8-hour ozone National On January 3, 2017, the EDCAQMD covered by a specific CTG. Id. at 12278.
Ambient Air Quality Standard (NAAQS) adopted the ‘‘Reasonably Available It also provides that states must submit
and negative declarations for several Control Technology (RACT) State appropriate supporting information for
source categories. We are proposing Implementation Plan (SIP) Update their RACT submissions as described in
action on a local SIP revision under the Analysis Staff Report’’ (‘‘2017 RACT the EPA’s implementation rule for the
Clean Air Act (CAA or ‘‘the Act’’). We SIP’’), and on January 4, 2017, the 1997 ozone NAAQS. See id. and 70 FR
are taking comments on this proposal California Air Resources Board (CARB) 71612, 71652 (November 29, 2005).
and plan to follow with a final action. The submitted document provides
submitted it to the EPA for approval as
DATES: Any comments must arrive by EDCAQMD’s analysis of its compliance
a revision to the California SIP. The
November 8, 2018. with CAA section 182 RACT
submittal also included EDCAQMD’s
ADDRESSES: Submit your comments, requirements for the 2008 8-hour ozone
Resolution 002–2017, approving the
identified by Docket ID No. EPA–R09– NAAQS. The EPA’s technical support
2017 RACT SIP.
OAR–2018–0602 at https:// document (TSD) has more information
On January 5, 2017, the EPA
www.regulations.gov. For comments about the District’s submission and the
determined that the submittal for
submitted at Regulations.gov, follow the EPA’s evaluations thereof.
EDCAQMD’s 2017 RACT SIP met the
online instructions for submitting completeness criteria in 40 CFR part 51 II. The EPA’s Evaluation and Proposed
comments. Once submitted, comments appendix V, which must be met before Action
cannot be edited or removed from formal EPA review.
Regulations.gov. The EPA may publish A. How is the EPA evaluating the
any comment received to its public B. Are there other versions of this submitted document?
docket. Do not submit electronically any document? SIP rules must require RACT for each
information you consider to be There are no previous versions of this category of sources covered by a CTG
Confidential Business Information (CBI) document in the EDCAQMD portion of document as well as each major source
or other information whose disclosure is the California SIP for the 2008 8-hour of VOCs or NOX in ozone nonattainment
restricted by statute. Multimedia ozone NAAQS. areas classified as Moderate or above
submissions (audio, video, etc.) must be (see CAA section 182(b)(2)). The
accompanied by a written comment. C. What is the purpose of the submitted
EDCAQMD regulates a Serious ozone
The written comment is considered the document?
nonattainment area (see 40 CFR 81.305)
official comment and should include Volatile organic compounds (VOCs) so the District’s rules must implement
discussion of all points you wish to and oxides of nitrogen (NOX) together RACT.
make. The EPA will generally not produce ground-level ozone, smog, and States should also submit for SIP
consider comments or comment particulate matter, which harm human approval negative declarations for those
contents located outside of the primary health and the environment. Section source categories for which they have
submission (i.e. on the web, cloud, or 110(a) of the CAA requires states to not adopted CTG-based regulations
amozie on DSK3GDR082PROD with PROPOSALS1
other file sharing system). For submit regulations that control VOC and (because they have no sources above the
additional submission methods, please NOX emissions. Sections 182(b)(2) and CTG-recommended applicability
contact the person identified in the FOR (f) require that SIPs for ozone threshold) regardless of whether such
FURTHER INFORMATION CONTACT section. nonattainment areas classified as negative declarations were made for an
For the full EPA public comment policy, Moderate or above implement RACT for earlier SIP.1 To do so, the submittal
information about CBI or multimedia any source covered by a Control should provide reasonable assurance
submissions, and general guidance on Techniques Guidelines (CTG) document
making effective comments, please visit and for any major source of VOCs or 1 57 FR 13498, 13512 (April 16, 1992).
VerDate Sep<11>2014 18:49 Oct 05, 2018 Jkt 247001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\09OCP1.SGM 09OCP1](https://thefederalregister.org/doc/83_FR_50743/page/1.svg)
![Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Proposed Rules 50549
that no sources subject to the CTG Standard –Phase 2,’’ 70 FR 71612 Where there are no existing sources
requirements currently exist in the (November 29, 2005). covered by a particular CTG document,
EDCAQMD. 7. ‘‘Implementation of the 2008 National
or no major non-CTG sources, states
Ambient Air Quality Standards for
The District’s analysis must Ozone: State Implementation Plan may, in lieu of adopting RACT
demonstrate that each major source of Requirements,’’ 80 FR 12264 (March 6, requirements for those sources, adopt
VOCs or NOX in the ozone 2015). negative declarations certifying that
nonattainment area is covered by a B. Does the submitted document meet there are no such sources in the relevant
RACT-level rule. In addition, for each the evaluation criteria? nonattainment area. Table C of the 2017
CTG source category, the District must RACT SIP lists the District’s negative
either demonstrate that a RACT-level EDCAQMD’s 2017 RACT SIP provides declarations where it has no sources
rule is in place, or submit a negative the District’s demonstration that the subject to the applicable CTG for the
declaration. Guidance and policy applicable SIP for the El Dorado County
2008 8-hour ozone NAAQS. These
documents that we use to evaluate CAA AQMD satisfies CAA section 182 RACT
requirements for the 2008 8-hour ozone negative declarations are re-listed in
section 182 RACT requirements include Table 1 below. The District concluded
the following: NAAQS. This conclusion is based on
the District’s analysis of SIP-approved that it had no sources subject to the
1. ‘‘State Implementation Plans; General requirements that apply to: (1) Major CTGs based on a review of its permit
Preamble for the Implementation of Title non-CTG stationary sources of VOC or databases, Standard Industrial
I of the Clean Air Act Amendments of NOX emissions; and (2) CTG source Classification codes, other source data,
1990,’’ 57 FR 13498 (April 16, 1992); 57 and its emissions inventory. In addition,
categories.
FR 18070 (April 28, 1992). the District concluded that it had no
With respect to major stationary
2. ‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and Deviations,’’
sources, the 2017 RACT SIP states the major non-CTG sources of NOX or
EPA, May 25, 1988 (‘‘the Bluebook’’, District has no major sources of air VOCs, based on a review of the District
revised January 11, 1990). pollution that emit more than 25 tpy of emissions inventory, permit database,
3. ‘‘Guidance Document for Correcting VOC or NOX. The 2017 RACT SIP internet search, consultation with
Common VOC & Other Rule further states that the District’s only District Air Quality Specialists, and
Deficiencies,’’ EPA Region 9, August 21, major source, a biomass boiler, ceased personal knowledge.2 The EPA searched
2001 (‘‘the Little Bluebook’’). operation in 2009 and the unit was CARB’s emissions inventory database
4. ‘‘State Implementation Plans; Nitrogen dismantled in 2013. We reviewed and conducted a general search on the
Oxides Supplement to the General CARB’s emissions inventory database internet for businesses in El Dorado
Preamble; Clean Air Act Amendments of and agree with EDCAQMD’s statement
1990 Implementation of Title I; Proposed County and also concluded that there do
that there are currently no major not appear to be facilities in the ozone
Rule,’’ (the NOX Supplement), 57 FR stationary sources of VOC or NOX in the
55620, (November 25, 1992). nonattainment area that are subject to
District. these CTGs. We believe that these
5. Memorandum from William T. Harnett to
With respect to CTG source
Regional Air Division Directors, dated negative declarations are consistent
May 18, 2006, ‘‘RACT Qs & As—
categories, we reviewed EDCAQMD’s
evaluation of its rules subject to RACT with the relevant policy and guidance
Reasonably Available Control regarding RACT.
Technology (RACT) Questions and and we agree that its rules are generally
Answers.’’ consistent with the CTGs and recently Our TSD has more information on our
6. ‘‘Final Rule to Implement the 8-hour adopted rules in neighboring air evaluation of the submitted 2017 RACT
Ozone National Ambient Air Quality districts. SIP.
TABLE 1—EDCAQMD NEGATIVE DECLARATIONS
EPA document No. Title
EPA–450/2–77–008 ........................ Control of Volatile Organic Emissions from Existing Stationary Sources—Volume II: Surface Coating of
Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks.
EPA–450/2–77–022 ........................ Control of Volatile Organic Emissions from Solvent Metal Cleaning.
EPA–450/2–77–025 ........................ Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds.
EPA–450/2–77–026 ........................ Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals.
EPA–450/2–77–032 ........................ Control of Volatile Organic Emissions from Existing Stationary Sources—Volume III: Surface Coating of
Metal Furniture.
EPA–450/2–77–033 ........................ Control of Volatile Organic Emissions from Existing Stationary Sources—Volume IV: Surface Coating of In-
sulation of Magnet Wire.
EPA–450/2–77–034 ........................ Control of Volatile Organic Emissions from Existing Stationary Sources—Volume V: Surface Coating of
Large Appliances.
EPA–450/2–77–036 ........................ Control of Volatile Organic Emissions from Storage of Petroleum Liquids in Fixed-Roof Tanks.
EPA–450/2–78–015 ........................ Control of Volatile Organic Emissions from Existing Stationary Sources—Volume VI: Surface Coating of
Miscellaneous Metal Parts and Products.
EPA–450/2–78–029 ........................ Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products.
EPA–450/2–78–030 ........................ Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires.
amozie on DSK3GDR082PROD with PROPOSALS1
EPA–450/2–78–032 ........................ Control of Volatile Organic Emissions from Existing Stationary Sources—Volume VII: Factory Surface
Coating of Flat Wood Paneling.
2 2017 RACT SIP at 3. This conclusion was also database and files and conducted public outreach Resolution 002–2017 that there are no major
stated in the resolution approving the 2017 RACT and has determined that there [is] . . . no ‘‘major sources in the District sufficient to constitute a
SIP. Resolution 002–2017 at 2 (‘‘The Board of source’’ of VOC or NOX in El Dorado County negative declaration for major NOX and VOC
Directors of the EDCAQMD has determined in the . . . .’’ Although major sources of NOX and VOCs sources, and have thus included them in Table 1
2008 RACT SIP Update Analysis that . . . there are are not included in the Table C list of negative
below.
no major stationary sources of VOC or NOX in the declarations in the 2017 RACT SIP, we consider the
District; . . . EDCAQMD has reviewed its permit unambiguous statements in the 2017 RACT SIP and
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![Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Proposed Rules 50551
governments or preempt tribal law as Do not submit electronically any possible classifications are ‘‘Marginal,’’
specified by Executive Order 13175 (65 information you consider to be ‘‘Moderate,’’ ‘‘Serious,’’ ‘‘Severe,’’ and
FR 67249, November 9, 2000). Confidential Business Information (CBI) ‘‘Extreme.’’ Nonattainment areas with a
or other information whose disclosure is lower classification (such as marginal
List of Subjects in 40 CFR Part 52
restricted by statute. Multimedia areas) have ozone levels that are closer
Environmental protection, Air submissions (audio, video, etc.) must be to meeting the standard than areas with
pollution control, Incorporation by accompanied by a written comment. a higher classification (such as Extreme
reference, Intergovernmental relations, The written comment is considered the areas). See CAA section 181(a)(1).
Nitrogen dioxide, Ozone, Particulate official comment and should include On March 6, 2015, EPA issued a final
matter, Reporting and recordkeeping discussion of all points you wish to rule titled ‘‘Implementation of the 2008
requirements, Volatile organic make. EPA will generally not consider National Ambient Air Quality Standards
compounds. comments or comment contents located for Ozone: State Implementation Plan
Authority: 42 U.S.C. 7401 et seq. outside of the primary submission (i.e. Requirements’’ (SIP Requirements Rule),
on the web, cloud, or other file sharing which detailed the requirements that
Dated: September 26, 2018. state, tribal, and local air quality
system). For additional submission
Michael Stoker, management agencies must meet as they
methods, please contact the person
Regional Administrator, Region IX. identified in the FOR FURTHER develop implementation plans for areas
[FR Doc. 2018–21882 Filed 10–5–18; 8:45 am] INFORMATION CONTACT section. For the where air quality exceeds the 2008 8-
BILLING CODE 6560–50–P full EPA public comment policy, hour ozone NAAQS. See 80 FR 12264
information about CBI or multimedia (March 6, 2015).2 Areas that were
submissions, and general guidance on designated as marginal ozone
ENVIRONMENTAL PROTECTION making effective comments, please visit nonattainment areas were required to
AGENCY http://www2.epa.gov/dockets/ attain the 2008 8-hour ozone NAAQS no
commenting-epa-dockets. later than 36 months after the effective
40 CFR Part 52 date of area designations for the 2008 8-
FOR FURTHER INFORMATION CONTACT:
[EPA–R05–OAR–2018–0383; FRL–9985–09– hour ozone NAAQS (i.e., July 20, 2015),
David Ogulei, Environmental Engineer,
Region 5] based on 2012–2014 monitoring data.
Air Permits Section, Air Programs
See 40 CFR 51.1103.
Air Plan Approval; Illinois; Branch (AR–18J), Environmental Areas designated nonattainment for
Nonattainment New Source Review Protection Agency, Region 5, 77 West the ozone NAAQS are subject to the
Requirements for the 2008 8-Hour Jackson Boulevard, Chicago, Illinois general nonattainment area planning
Ozone Standard 60604, (312) 353–0987, ogulei.david@ requirements of CAA section 172 and
epa.gov. also to the ozone-specific planning
AGENCY: Environmental Protection requirements of CAA section 182. States
SUPPLEMENTARY INFORMATION:
Agency (EPA). in the Ozone Transport Region (OTR) 3
Throughout this document whenever
ACTION: Proposed rule. ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean are additionally subject to the
SUMMARY: The Environmental Protection EPA. This supplementary information requirements outlined in CAA section
Agency (EPA) is proposing to approve, section is arranged as follows: 184. Ozone nonattainment areas in the
as a State Implementation Plan (SIP) I. Background
lower classification levels have fewer
revision, Illinois’ certification that its II. Summary of the State’s Submittal and/or less stringent mandatory air
III. What is EPA’s analysis? quality planning and control
SIP satisfies the nonattainment new
IV. Proposed Action requirements than those in higher
source review (NNSR) requirements of
V. Statutory and Executive Order Reviews classifications. For a marginal area, a
the Clean Air Act (CAA) for the 2008
state is required to submit a baseline
ozone National Ambient Air Quality I. Background emissions inventory, adopt a SIP
Standard (NAAQS or Standard). Final
A. 2008 8-Hour Ozone NAAQS requiring emissions statements from
approval of the Illinois NNSR
stationary sources, and implement a
certification SIP will permanently stop On March 12, 2008, EPA promulgated
NNSR program for the relevant ozone
the Federal Implementation Plan (FIP) a revised 8-hour ozone NAAQS of 0.075
standard. See CAA section 182(a). For
clocks triggered by EPA’s February 3 parts per million (ppm). See 73 FR
each higher ozone nonattainment
and December 11, 2017 findings that 16436 (March 27, 2008). Upon
Illinois failed to submit an NNSR plan promulgation of a new or revised 2 The SIP Requirements Rule addresses a range of
for the Illinois portion of the Chicago- NAAQS, the CAA requires EPA to nonattainment area SIP requirements for the 2008
Naperville, Illinois-Indiana-Wisconsin designate as nonattainment any area 8-hour ozone NAAQS, including requirements
area (Chicago Nonattainment Area). that is violating the NAAQS based on pertaining to attainment demonstrations, reasonable
further progress (RFP), reasonably available control
DATES: Written comments must be the three most recent years of ambient technology, reasonably available control measures,
received on or before November 8, 2018. air quality data available at the major new source review, emission inventories, and
ADDRESSES: Submit your comments, conclusion of the designation process. the timing of SIP submissions and of compliance
For ozone NAAQS, EPA must also with emission control measures in the SIP. The rule
identified by Docket ID No. EPA–R05– also revokes the 1997 ozone NAAQS and
OAR–2018–0383 at https:// classify any nonattainment areas at the establishes anti-backsliding requirements.
www.regulations.gov, or via email to time of designation based on the 3 The OTR is comprised of the following states:
amozie on DSK3GDR082PROD with PROPOSALS1
damico.genevieve@epa.gov. For severity of their ozone levels (as Connecticut, Delaware, Maine, Maryland,
comments submitted at Regulations.gov, determined based on the area’s ‘‘design Massachusetts, New Hampshire, New Jersey, New
value’’ 1). See CAA sections 107(d)(1) York, Pennsylvania, Rhode Island, Vermont, and
follow the online instructions for the Consolidated Metropolitan Statistical Area that
submitting comments. Once submitted, and 181(a)(1) and 77 FR 34225. The includes the District of Columbia. 42 U.S.C.
comments cannot be edited or removed 7511c(a). States in the OTR are required to submit
1 Under 40 CFR 50.15, the ‘‘design value’’ for the SIP revisions addressing reasonably available
from Regulations.gov. For either manner 2008 8-hour ozone NAAQS is the 3-year average of control technology (RACT) requirements for the
of submission, EPA may publish any the annual fourth-highest daily maximum 8-hour pollutants that form ozone, even if the areas in the
comment received to its public docket. average ambient air quality ozone concentrations. state meet the ozone standards.
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Document Created: 2018-10-06 00:58:15
Document Modified: 2018-10-06 00:58:15
| 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 8, 2018. | |
| Contact | Stanley Tong, EPA Region IX, (415) 947-4122, [email protected] | |
| FR Citation | 83 FR 50548 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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