83 FR 5923 - Air Quality State Implementation Plans; Approvals and Promulgations: California; South Coast Moderate Area Plan for the 2006 PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 29 (February 12, 2018)
Federal Register Volume 83, Issue 29 (February 12, 2018)
| Page Range | 5923-5927 | |
| FR Document | 2018-02677 |
[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)] [Rules and Regulations] [Pages 5923-5927] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-02677] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2015-0204; FRL-9974-11-Region 9] Air Quality State Implementation Plans; Approvals and Promulgations: California; South Coast Moderate Area Plan for the 2006 PM2.5 Standards; Correction of Deficiency AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving the Reasonably Available Control Measures/Reasonably Available Control Technology (RACM/RACT) and Reasonable Further Progress (RFP) elements of California's Moderate area [[Page 5924]] plan for the 2006 24-hour fine particulate matter (PM2.5 ) National Ambient Air Quality Standards (NAAQS or ``standards'') in the Los Angeles--South Coast nonattainment area. The EPA is also finalizing a determination that the State has corrected the deficiency that formed the basis for the EPA's prior partial disapproval of the Moderate area plan submitted for these NAAQS with respect to the RACM/RACT and RFP elements. Today's action terminates the sanctions clocks triggered by the partial disapproval of the Moderate area plan. DATES: This rule is effective on March 14, 2018. ADDRESSES: The EPA has established a docket for this action under Docket No. EPA-R09-OAR-2015-0204. All documents in the docket are listed on the http://www.regulations.gov website. Although listed on the website, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Wienke Tax, EPA Region IX, (415) 947- 4192, tax.wienke@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA. Table of Contents I. Summary of Proposed Action II. Public Comments and EPA Responses III. Final Action IV. Statutory and Executive Order Reviews I. Summary of Proposed Action On October 10, 2017 (82 FR 46951) we proposed to determine that certain amendments to the South Coast Air Quality Management District's (SCAQMD or ``District'') Regional Clean Air Incentives Program (RECLAIM) submitted by California corrected the deficiency in the RACM/ RACT and RFP elements of the Moderate area plan for the 2006 PM2.5 NAAQS in the Los Angeles--South Coast nonattainment area (``2012 PM2.5 Plan'' or ``plan'') that was the basis for the EPA's prior partial disapproval of this plan. On this basis, we proposed to approve the RACM/RACT and RFP elements of the 2012 PM2.5 Plan, as revised. The 2012 PM2.5 Plan contained the State's and District's demonstration that attainment of the 2006 PM2.5 NAAQS in the South Coast area by the December 31, 2015 Moderate area attainment date was impracticable. Simultaneously, we published an interim final determination to defer sanctions based on our proposed finding that the SCAQMD's amendments to RECLAIM corrected the deficiency in the RACM/RACT and RFP elements of the 2012 PM2.5 Plan that formed the basis for our prior partial disapproval of this plan (82 FR 46917). II. Public Comments and EPA Responses The EPA's proposed action provided a 30-day public comment period, which ended on November 9, 2017. During this period, we received one comment letter from Earthjustice on behalf of the Sierra Club and several anonymous comments. We summarize these comments and provide our responses below. Comment #1: Earthjustice claims that a cap-and-trade program such as RECLAIM cannot provide the basis for compliance with the Clean Air Act (CAA or ``Act'') section 182 RACT requirement or the RACM requirement, based on the plain language of the CAA that, according to Earthjustice, requires all major sources to implement RACT. In support of this contention, Earthjustice highlights the word ``all'' in CAA section 182(b)(2) in connection with implementation of RACT at major sources and claims that the legislative history for the CAA Amendments of 1990 makes clear that the RACT requirement applies to all major sources of NOX in an ozone nonattainment area. Earthjustice also cites, without explanation, the RACM requirement for Moderate PM2.5 nonattainment areas in CAA section 189(a)(1)(C) and the Best Available Control Measures (BACM) requirement for Serious PM2.5 nonattainment areas in 40 CFR 51.1010. Earthjustice asserts that the EPA's longstanding definition of RACT supports an interpretation of the RACT requirement as applicable to each and every major NOX source, not a collective emission limitation for an entire class of sources located across a nonattainment area or an entire state or region. Earthjustice claims that reliance on an emissions trading program to meet the RACT requirement for major NOX sources is tantamount to creating a NOX exemption that is inconsistent with the explicit NOX exemptions found at CAA section 182(f). Lastly, Earthjustice cites an EPA proposed rule dated November 3, 2016 to support its claim that emissions averaging in the South Coast does not actually provide RACT-level reductions. Response #1: Earthjustice submitted substantively identical comments on a separate proposed rule published June 15, 2017, in which the EPA proposed to determine that the revised RECLAIM regulations satisfy CAA RACT requirements for purposes of the ozone NAAQS in the South Coast ozone nonattainment area (82 FR 27451).\1\ We responded to these comments in our September 20, 2017 final rule approving California's RACT state implementation plan (SIP) submission for the South Coast area (82 FR 43850) and incorporate that response here (see 82 FR at 43853-54). Because Earthjustice has not explained how its comments pertain to the specific RACM requirement in CAA section 189(a)(1)(C) or the BACM requirement in 40 CFR 51.1010 for purposes of the PM2.5 NAAQS, we provide no further response on this issue. --------------------------------------------------------------------------- \1\ Earthjustice's prior comments on this issue are identical to its comments here, except that its latest comments include two unexplained references to ``RACM'' and unexplained citations to the control requirements for PM2.5 nonattainment areas in CAA section 189(a)(1)(C) and 40 CFR 51.1010. --------------------------------------------------------------------------- Comment #2: Earthjustice contends that approval of California's RACT determination would be arbitrary and capricious because the RECLAIM rules, as amended in 2015, do not achieve aggregate emissions reductions of NOX equivalent to those that would be achieved through implementation of RACT level control at each major NOX source in the South Coast. Earthjustice claims that the record here shows that the additional 12 ton per day (tpd) reduction adopted by the SCAQMD as part of the 2015 RECLAIM amendments does not result in RACT/RACM level controls for NOX RECLAIM facilities. Response #2: Earthjustice submitted substantively identical comments on a separate proposed rule published June 15, 2017, in which the EPA proposed to determine that the revised RECLAIM regulations satisfy CAA RACT requirements for purposes of the ozone NAAQS in the South Coast ozone nonattainment area (82 FR 27451). We responded to these comments in our September 20, 2017 final rule approving California's RACT SIP submission for the ozone NAAQS for the South Coast area (82 FR 43850) and incorporate that response here (see 82 FR at 43854-55). Comment #3: Earthjustice asserts that the EPA's approval of the RACM/RACT and RFP elements of the 2012 PM2.5 Plan would interfere with attainment of the PM2.5 NAAQS by 2019. Earthjustice claims that the EPA failed to address how an additional 12 tpd reduction in [[Page 5925]] the NOX RECLAIM emissions cap on a ``back-loaded'' schedule complies with the District's determination that the reductions are necessary for PM2.5 attainment by 2019 or as expeditiously as practicable. It also claims that the record shows that failure to apply the front-loaded emission reduction schedule developed by SCAQMD staff will interfere with expeditious attainment of the 2006 PM2.5 NAAQS. Earthjustice also references a program environmental assessment (PEA) completed pursuant to California state law, which listed as a project objective the need to bring the NOX RECLAIM program up to date with best available retrofit control technology (BARCT) requirements for existing sources under California law, and asserts that the final PEA identified a need to implement additional control measures to attain both the PM2.5 and ozone NAAQS in the South Coast air basin. Response #3: These comments are not germane to this action. Earthjustice suggests that SCAQMD should require reductions from RECLAIM sources on a faster schedule for purposes of attaining the 2006 PM2.5 NAAQS by the applicable attainment date for a Serious nonattainment area, i.e., in this case an area that must attain the 2006 PM2.5 NAAQS as expeditiously as practicable but no later than the end of 2019. In this action, however, we are not assessing whether the revised RECLAIM program meets Serious area nonattainment plan requirements such as the BACM/BACT control requirement or, as relevant here, assessing whether the schedule for those reductions is consistent with the requirement to attain the 2006 PM2.5 NAAQS as expeditiously as practicable but no later than 2019. This action addresses only a deficiency that the EPA previously identified in the Moderate area plan for the South Coast area. The 2012 PM2.5 Plan contained a demonstration under CAA section 189(a)(1)(B)(ii) that attainment of the 2006 PM2.5 standards in the South Coast area by the Moderate area attainment date of December 31, 2015, was impracticable.\2\ We partially approved and partially disapproved the 2012 PM2.5 Plan based on a deficiency in its RACM/RACT and RFP elements, both of which relied on the RECLAIM program as amended in 2010.\3\ Following the State's submission of RECLAIM rule amendments adopted in 2015 and a demonstration that the amended program satisfies NOX RACT requirements for covered sources,\4\ we proposed to determine that the State had corrected the deficiency in the RACM/RACT and RFP elements of the 2012 PM2.5 Plan and to approve these elements of the Plan, as revised (82 FR 46951, October 10, 2017). These SIP revisions corrected a deficiency in an impracticability demonstration, which did not purport to show attainment by 2019. Comments pertaining to the level of control necessary for the South Coast area to attain the PM2.5 NAAQS as expeditiously as practicable and no later than the applicable statutory attainment date should be raised in the context of EPA's evaluation of a demonstration of attainment under CAA section 189(a)(1)(B)(i) or section 189(b)(1)(A)(i), not in the context of a demonstration that attainment by the outermost Moderate area attainment date is impracticable under CAA section 189(a)(1)(B)(ii). --------------------------------------------------------------------------- \2\ See 81 FR 22025, 22026 (April 14, 2016). \3\ Id. at 22027. \4\ On September 14, 2017, we approved the amended RECLAIM rules into the SIP (82 FR 43176) and on September 20, 2017, we approved the SCAQMD's ozone RACT SIP demonstration for the 2008 ozone NAAQS based, in part, on a determination that major NOX sources covered by the amended RECLAIM program are now subject to RACT-level controls (82 FR 43850, 43856). --------------------------------------------------------------------------- Our reclassification of the South Coast area from Moderate to Serious for the 2006 PM2.5 NAAQS in October 2015 triggered a requirement for California to submit a Serious area plan that provides for attainment of the 2006 PM2.5 NAAQS in the South Coast as expeditiously as practicable but no later than December 31, 2019, in accordance with the requirements of part D of title I of the Act.\5\ The California Air Resources Board submitted a Serious area plan for the 2006 PM2.5 NAAQS in the South Coast on April 27, 2017.\6\ We will evaluate the adequacy of the State's and District's control strategy for purposes of timely attainment when we act on this plan submission. --------------------------------------------------------------------------- \5\ 81 FR 22025, 22026 (April 14, 2016) (citing October 20, 2015 reclassification action at 80 FR 63640, 63660). \6\ See letter dated April 27, 2017 from Richard W. Corey, Executive Officer, CARB, to Alexis Strauss, Acting Regional Administrator, EPA Region IX (transmitting Serious area plan for 2006 PM2.5 NAAQS to the EPA). --------------------------------------------------------------------------- Comment #4: Earthjustice objects to the District's general approach to distinguishing between BARCT and RACT-level control and argues that the District has used an artificially narrow articulation of RACT to evaluate only controls required under adopted regulations, instead of considering technologies that have been applied in practice. Response #4: Earthjustice submitted identical comments on a separate proposed rule published June 15, 2017, in which the EPA proposed to determine that the revised RECLAIM regulations satisfy CAA RACT requirements for purposes of the ozone NAAQS in the South Coast ozone nonattainment area (82 FR 27451). We responded to these comments in our September 20, 2017 final rule approving California's ozone RACT SIP for the South Coast area (82 FR 43850) and incorporate that response here (see 82 FR at 43855-56). Comment #5: Earthjustice asserts that the revised RECLAIM program does not properly address RECLAIM trading credits from facilities that shut down prior to 2016 and argues that the availability of such credits has allowed major sources, particularly refineries, to avoid installation of selective catalytic reduction and other readily available NOX pollution controls. Earthjustice identifies California Portland Cement as a retired facility whose credits have significantly contributed to this problem. Response #5: Earthjustice submitted substantively identical comments on a separate proposed rule published June 6, 2017, in which the EPA proposed to approve the amended RECLAIM rules into the SIP (82 FR 25996), and a proposed rule published June 15, 2017, in which the EPA proposed to determine that the amended RECLAIM rules satisfy CAA RACT requirements for purposes of the ozone NAAQS in the South Coast ozone nonattainment area (82 FR 27451). We responded to these comments in both our September 14, 2017 final rule approving the amended RECLAIM rules (82 FR 43176) and our September 20, 2017 final rule approving California's ozone RACT SIP for the South Coast area (82 FR 43850) and incorporate those responses here (see 82 FR at 43178 and 82 FR at 43855). Comment #6: Citing CAA section 110(a)(2)(E), Earthjustice asserts that the EPA can approve a SIP revision only if it determines that the provision is not inconsistent with state law and argues that ``the current proposal violates California law because it is not equivalent to BARCT'' and does not achieve command-and-control equivalence as mandated by California's Health and Safety Code. Earthjustice claims that the EPA therefore cannot make the determination required in section 110 of the Act that the approval not interfere with compliance with state law. Response #6: Earthjustice submitted substantively identical comments on a separate proposed rule published June 6, 2017, in which the EPA proposed to approve the amended RECLAIM rules into the SIP (82 FR 25996), and a [[Page 5926]] proposed rule published June 15, 2017, in which the EPA proposed to determine that the amended RECLAIM rules satisfy CAA RACT requirements for purposes of the ozone NAAQS in the South Coast ozone nonattainment area (82 FR 27451). We responded to these comments in both our September 14, 2017 final rule approving the amended RECLAIM rules (82 FR 43176) and our September 20, 2017 final rule approving California's ozone RACT SIP for the South Coast area (82 FR 43850) and incorporate those responses here (see 82 FR at 43178-79 and 82 FR at 43856). Comment #7: Earthjustice claims that the EPA cannot approve the District's RACM determination because the District failed to comply with state notice requirements in adopting the 2015 NOX RECLAIM program amendments. Earthjustice cites a recent decision of the California Superior Court for Los Angeles County (``state court'') remanding the December 2015 NOX RECLAIM program amendments on the basis that the District failed to comply with California Health and Safety Code procedural requirements in adopting the amendments. Earthjustice asserts that ``[b]ecause a California court has found the [SCAQMD] violated state law in adopting the RECLAIM amendments, it would be arbitrary and capricious for EPA to approve this determination because it violates the Clean Air Act provisions in 42 U.S.C. [section] 7410.'' Response #7: We disagree with the commenter's claim that the referenced state court decision precludes EPA approval of the RACM/RACT and RFP elements of the 2012 PM2.5 Plan. By order dated November 6, 2017, the California Superior Court for the County of Los Angeles remanded the SCAQMD Board's December 4, 2015 amendments to the RECLAIM program based on the court's finding that the District violated state procedural requirements in adopting the amendments.\7\ The court did not, however, vacate the amendments to the program or find any substantive flaw in the amended program.\8\ On November 16, 2017, counsel for the SCAQMD confirmed that the RECLAIM program, as amended December 4, 2015, remains in effect and that the District plans to implement the amended program while considering its options for how to respond to the remand.\9\ By email dated January 10, 2018, counsel for the SCAQMD informed the EPA that the SCAQMD Governing Board had authorized the District to file an appeal of the state court decision and that this action would not affect the ongoing implementation of the December 2015 RECLAIM amendments.\10\ If this appeal is denied (or is otherwise unsuccessful) and the District either adopts further revisions to the RECLAIM program or determines that the amended program is deficient in some respect, we will reconsider today's action or take appropriate remedial action to ensure that the RACM/RACT and RFP elements of the 2012 PM2.5 Plan satisfy CAA requirements. --------------------------------------------------------------------------- \7\ Order Granting the Petition for a Writ of Mandate in Part, Superior Court for the State of California, County of Los Angeles, Communities for a Better Environment et al. v. South Coast Air Quality Management District, Case No. BS 161399 (November 6, 2017) (finding that SCAQMD violated section 40726 of the California Health & Safety Code by adopting the 2015 RECLAIM amendments without providing additional public hearing or opportunity for comment). \8\ Id. \9\ Memorandum dated November 16, 2017, from Jeanhee Hong, EPA Region IX, Office of Regional Counsel and Wienke Tax, EPA Region IX, Air Division Planning Office, to Rulemaking docket EPA-R09-OAR-2015- 0204, RE: ``State court order concerning 2015 RECLAIM amendments.'' \10\ Email dated January 10, 2018, from William Wong, Principal Deputy District Counsel, SCAQMD, to Wienke Tax, EPA Region IX, RE: ``Jeanhee Hong and Wienke Tax email information.'' --------------------------------------------------------------------------- We note that we approved the amended RECLAIM rules into the SIP in a previous rulemaking action (82 FR 43176, September 14, 2017) in which we determined, inter alia, that the SIP submission containing the amended rules satisfied the applicable CAA requirements for SIP revisions, including the procedural requirements in CAA section 110(a) and 40 CFR part 51, Appendix V.\11\ To the extent the commenter intended to argue that a procedural flaw in the District's adoption of the amended RECLAIM rules precludes the EPA's approval of those rules into the SIP under CAA section 110, such arguments should have been raised in comments on this prior rulemaking. --------------------------------------------------------------------------- \11\ See 82 FR 25996, 25997 (June 6, 2017) (proposed rule) and 82 FR 43176 (September 14, 2017) (final rule). The EPA's regulations in 40 CFR part 51, Appendix V require, inter alia, that each SIP submission include evidence that the State followed all of the procedural requirements of the State's laws and constitution in adopting the plan. 40 CFR part 51, Appendix V, section 2.1(e). The statutory deadline for filing a petition for judicial review of this action was November 13, 2017 (see 82 FR 43176, 43179). --------------------------------------------------------------------------- Other comments: We received several anonymous comments stating, inter alia, that emissions of greenhouse gases (GHGs) and other pollutants from California wildfires contribute to climate change and regional and global air pollution including smog, particulate matter, and toxics; that California should pay a carbon tax on GHG emissions from wildfires; that oil and gas regulations should be rescinded; and that the CAA must be enforced to preserve air quality and quality of life. Response: These comments fail to identify any specific issue that is germane to our action on the 2012 PM2.5 Plan. III. Final Action The EPA is finalizing approval of the following elements of the 2012 PM2.5 Plan under CAA section 110(k)(3):The RACM/RACT element as meeting the requirements of CAA sections 172(c)(1) and 189(a)(1)(C); and the RFP element as meeting the requirements of CAA section 172(c)(2). As a result of this approval, the offset sanction in CAA section 179(b)(2), which would have applied in the South Coast PM 2.5 nonattainment area 18 months after the effective date of our partial disapproval of the 2012 PM2.5 Plan dated April 14, 2016, and the highway funding sanction in CAA section 179(b)(1), which would have applied in the area six months after the offset sanction is imposed, are permanently terminated. Additionally, this approval action removes the obligation on the EPA to promulgate a federal implementation plan because California has corrected the deficiencies and the EPA has approved the related plan revisions. 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, 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); 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 [[Page 5927]] 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 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). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 13, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Ammonia, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: January 24, 2018. Alexis Strauss, Acting Regional Administrator, Region IX. Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart F--California Sec. 52.220 Identification of plan--in part. 0 2. Section 52.220 is amended by adding paragraph (c)(439)(ii)(B)(6) to read as follows: * * * * * (c) * * * (439) * * * (ii) * * * (B) * * * (6) The PM 2.5 -related portions of Appendix VI (``Reasonably Available Control Measures (RACM) Demonstration'') of the Final 2012 Air Quality Management Plan (December 2012). * * * * * Sec. 52.237 [Amended] 0 3. Section 52.237 is amended by removing and reserving paragraph (a)(7). [FR Doc. 2018-02677 Filed 2-9-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Rules and Regulations 5923
CTG source category CTG reference document
Large Petroleum Dry Cleaners ........................... EPA 450/3–82–009, 9/82 Control of VOC Emissions from Large Petroleum Dry Cleaners.
Manufacture of High-Density Polyethylene, EPA–450/3–83–008, 11/83 Control of Volatile Organic Compound Emissions from Manufac-
Polypropylene, and Polystyrene Resins. ture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins.
Manufacture of Pneumatic Rubber Tires ........... EPA–450/2–78–030, 12/78 Control of Volatile Organic Emissions from Manufacture of Pneu-
matic Rubber Tires.
Surface Coating of Cans .................................... EPA–450/2–77–008, 5/77 Control of Volatile Organic Emissions from Existing Stationary
Sources—Vol. II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-
Duty Trucks.
Surface Coating of Coils ..................................... EPA–450/2–77–008, 5/77 Control of Volatile Organic Emissions from Existing Stationary
Sources—Vol. II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-
Duty Trucks.
Surface Coating Operations at Automotive and EPA 453/R–08–006, 09/08 Control Technique Guidelines for Automobile and Light-Duty
Light Duty Truck Assembly Plants. Truck Assembly Coatings.
EPA–450/2–77–008, 5/77 Control of Volatile Organic Emissions from Existing Stationary
Sources—Vol. II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-
Duty Trucks.
Large Appliances, Surface Coatings .................. EPA–450/2–77–034, 12/77 Control of Volatile Organic Emissions from Existing Stationary
Sources—Volume V: Surface Coating of Large Appliances.
EPA 453/R–07–004, 09/07 Control Techniques Guidelines for Large Appliance Coatings.
Surface Coating of Magnet Wire ........................ EPA–450/2–77–033, 12/77 Control of Volatile Organic Emissions from Existing Stationary
Sources, Volume IV: Surface Coating of Insulation of Magnet Wire.
Vacuum Producing Devices or Systems ............ EPA–450/2–77–025, 10/77 Control of Refinery Vacuum Producing Systems, Wastewater
Separators, and Process Unit Turnarounds.
Leaks from Petroleum Refinery Equipment ....... EPA–450/2–77–025, 10/77 Control of Refinery Vacuum Producing Systems, Wastewater
Separators, and Process Unit Turnarounds.
Process Unit Turnarounds .................................. EPA–450/2–77–025, 10/77 Control of Refinery Vacuum Producing Systems, Wastewater
Separators, and Process Unit Turnarounds.
Equipment Leaks from Natural Gas/Gasoline EPA–450/3–83–007,12/83 Control of Volatile Organic Compound Equipment Leaks from Nat-
Processing Plants. ural Gas/Gasoline Processing Plants.
Manufacture of Synthesized Pharmaceutical EPA–450/2–78–029, 12/78 Control of Volatile Organic Emissions from Manufacture of Syn-
Products. thesized Pharmaceutical Products.
Air Oxidation Processes (SOCMI) ...................... EPA–450/3–84–015, 12/84 Control of Volatile Organic Compound Emissions from Air Oxida-
tion Process in Synthetic Organic Chemical Manufacturing Industry (SOCMI).
Reactor and Distillation Processes (SOCMI) ..... EPA–450/4–91–031, 08/93 Control of Volatile Organic Compound Emissions from Reactor
Process and Distillation Operations in SOCMI.
Equipment used in Synthetic Organic Chemical EPA–450/3–83–006, 03/84 Control of Volatile Organic Compound Leaks from Synthetic Or-
Polymers and Resin Manufacturing. ganic Chemical Polymer and Resin Manufacturing Equipment.
Leaks from Petroleum Refinery Equipment ....... EPA–450/2–78–036, 06/78 Control of Volatile Organic Compound Leaks from Petroleum Re-
finery Equipment.
Metal Furniture Coating ...................................... EPA–450/2–77–032, 12/77 Control of Volatile Organic Emissions from Existing Stationary
Sources—Volume III: Surface Coating of Metal Furniture.
EPA 453/R–07–005, 09/07 Control Techniques Guidelines for Metal Furniture Coatings.
Flat Wood Paneling ............................................ EPA–450/2–78–032, 06/78 Control of Volatile Organic Emissions from Existing Stationary
Sources—Volume VII: Factory Surface Coating of Flat Wood Paneling.
EPA–453/R–06–004, 09/06 Control Techniques Guidelines for Flat Wood Paneling Coatings.
* * * * * Rule 462, Organic Liquid Loading; (iii) ENVIRONMENTAL PROTECTION
■ 4. Section 52.248 is amended by Rule 463, Storage of Organic Liquids; AGENCY
adding paragraph (d) to read as follows: (iv) Rule 1104, Organic Solvent
Degreasing; (v) Rule 1114, Wood 40 CFR Part 52
§ 52.248 Identification of plan—conditional Products Coating Operations; (vi) Rule [EPA–R09–OAR–2015–0204; FRL–9974–11–
approval. 1115, Metal Parts and Product Coating Region 9]
* * * * * Operations; (vii) Rule 1157, Boilers and
(d) The EPA is conditionally Process Heaters; (viii) Rule 1160, Air Quality State Implementation
approving portions of the California SIP Internal Combustion Engines; (ix) Rule Plans; Approvals and Promulgations:
revisions submitted on July 11, 2007 1161, Portland Cement Kilns; and (x) California; South Coast Moderate Area
and September 9, 2015, demonstrating Rule 1162, Polyester Resin Operations. Plan for the 2006 PM2.5 Standards;
control measures in the Mojave Desert If the State fails to meet its commitment Correction of Deficiency
portion of the Los Angeles-San by January 31, 2019, the conditional AGENCY: Environmental Protection
Bernardino Counties (West Mojave approval is treated as a disapproval. Agency (EPA).
Desert) nonattainment area implement [FR Doc. 2018–02671 Filed 2–9–18; 8:45 am] ACTION: Final rule.
RACT for the 1997 and 2008 ozone
BILLING CODE 6560–50–P
standards. The conditional approval is SUMMARY: The Environmental Protection
daltland on DSKBBV9HB2PROD with RULES
based on a commitment from the state Agency (EPA) is approving the
to submit new or revised rules that will Reasonably Available Control Measures/
correct deficiencies in the following Reasonably Available Control
rules for the Mojave Desert Air Quality Technology (RACM/RACT) and
Management District: (i) Rule 461, Reasonable Further Progress (RFP)
Gasoline Transfer and Dispensing; (ii) elements of California’s Moderate area
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![5926 Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Rules and Regulations
proposed rule published June 15, 2017, amended program while considering its that the CAA must be enforced to
in which the EPA proposed to options for how to respond to the preserve air quality and quality of life.
determine that the amended RECLAIM remand.9 By email dated January 10, Response: These comments fail to
rules satisfy CAA RACT requirements 2018, counsel for the SCAQMD identify any specific issue that is
for purposes of the ozone NAAQS in the informed the EPA that the SCAQMD germane to our action on the 2012 PM2.5
South Coast ozone nonattainment area Governing Board had authorized the Plan.
(82 FR 27451). We responded to these District to file an appeal of the state
III. Final Action
comments in both our September 14, court decision and that this action
2017 final rule approving the amended would not affect the ongoing The EPA is finalizing approval of the
RECLAIM rules (82 FR 43176) and our implementation of the December 2015 following elements of the 2012 PM2.5
September 20, 2017 final rule approving RECLAIM amendments.10 If this appeal Plan under CAA section 110(k)(3):
California’s ozone RACT SIP for the is denied (or is otherwise unsuccessful) • The RACM/RACT element as
South Coast area (82 FR 43850) and and the District either adopts further meeting the requirements of CAA
incorporate those responses here (see 82 revisions to the RECLAIM program or sections 172(c)(1) and 189(a)(1)(C); and
FR at 43178–79 and 82 FR at 43856). determines that the amended program is • the RFP element as meeting the
Comment #7: Earthjustice claims that deficient in some respect, we will requirements of CAA section 172(c)(2).
the EPA cannot approve the District’s reconsider today’s action or take As a result of this approval, the offset
RACM determination because the appropriate remedial action to ensure sanction in CAA section 179(b)(2),
District failed to comply with state that the RACM/RACT and RFP elements which would have applied in the South
notice requirements in adopting the of the 2012 PM2.5 Plan satisfy CAA Coast PM2.5 nonattainment area 18
2015 NOX RECLAIM program requirements. months after the effective date of our
amendments. Earthjustice cites a recent We note that we approved the partial disapproval of the 2012 PM2.5
decision of the California Superior amended RECLAIM rules into the SIP in Plan dated April 14, 2016, and the
Court for Los Angeles County (‘‘state a previous rulemaking action (82 FR highway funding sanction in CAA
court’’) remanding the December 2015 43176, September 14, 2017) in which section 179(b)(1), which would have
NOX RECLAIM program amendments we determined, inter alia, that the SIP applied in the area six months after the
on the basis that the District failed to submission containing the amended offset sanction is imposed, are
comply with California Health and rules satisfied the applicable CAA permanently terminated. Additionally,
Safety Code procedural requirements in requirements for SIP revisions, this approval action removes the
adopting the amendments. Earthjustice including the procedural requirements obligation on the EPA to promulgate a
asserts that ‘‘[b]ecause a California court in CAA section 110(a) and 40 CFR part federal implementation plan because
has found the [SCAQMD] violated state 51, Appendix V.11 To the extent the California has corrected the deficiencies
law in adopting the RECLAIM commenter intended to argue that a and the EPA has approved the related
amendments, it would be arbitrary and procedural flaw in the District’s plan revisions.
capricious for EPA to approve this adoption of the amended RECLAIM
IV. Statutory and Executive Order
determination because it violates the rules precludes the EPA’s approval of
Reviews
Clean Air Act provisions in 42 U.S.C. those rules into the SIP under CAA
[section] 7410.’’ section 110, such arguments should Under the Clean Air Act, the
Response #7: We disagree with the have been raised in comments on this Administrator is required to approve a
commenter’s claim that the referenced prior rulemaking. SIP submission that complies with the
state court decision precludes EPA Other comments: We received several provisions of the Act and applicable
approval of the RACM/RACT and RFP anonymous comments stating, inter alia, Federal regulations. 42 U.S.C. 7410(k);
elements of the 2012 PM2.5 Plan. By that emissions of greenhouse gases 40 CFR 52.02(a). Thus, in reviewing SIP
order dated November 6, 2017, the (GHGs) and other pollutants from submissions, EPA’s role is to approve
California Superior Court for the County California wildfires contribute to state choices, provided that they meet
of Los Angeles remanded the SCAQMD climate change and regional and global the criteria of the Clean Air Act.
Board’s December 4, 2015 amendments air pollution including smog, particulate Accordingly, this action merely
to the RECLAIM program based on the matter, and toxics; that California approves state law as meeting Federal
court’s finding that the District violated should pay a carbon tax on GHG requirements and does not impose
state procedural requirements in emissions from wildfires; that oil and additional requirements beyond those
adopting the amendments.7 The court gas regulations should be rescinded; and imposed by state law. For that reason,
did not, however, vacate the this action:
amendments to the program or find any 9 Memorandum dated November 16, 2017, from
• Is not a significant regulatory action
substantive flaw in the amended Jeanhee Hong, EPA Region IX, Office of Regional subject to review by the Office of
Counsel and Wienke Tax, EPA Region IX, Air
program.8 On November 16, 2017, Division Planning Office, to Rulemaking docket Management and Budget under
counsel for the SCAQMD confirmed that EPA–R09–OAR–2015–0204, RE: ‘‘State court order Executive Orders 12866 (58 FR 51735,
the RECLAIM program, as amended concerning 2015 RECLAIM amendments.’’ October 4, 1993) and 13563 (76 FR 3821,
10 Email dated January 10, 2018, from William
December 4, 2015, remains in effect and January 21, 2011);
Wong, Principal Deputy District Counsel,
that the District plans to implement the SCAQMD, to Wienke Tax, EPA Region IX, RE: • Is not an Executive Order 13771 (82
‘‘Jeanhee Hong and Wienke Tax email information.’’ FR 9339, February 2, 2017) regulatory
7 Order Granting the Petition for a Writ of 11 See 82 FR 25996, 25997 (June 6, 2017) action because SIP approvals are
Mandate in Part, Superior Court for the State of (proposed rule) and 82 FR 43176 (September 14, exempted under Executive Order 12866;
California, County of Los Angeles, Communities for 2017) (final rule). The EPA’s regulations in 40 CFR
• Does not impose an information
daltland on DSKBBV9HB2PROD with RULES
a Better Environment et al. v. South Coast Air part 51, Appendix V require, inter alia, that each
Quality Management District, Case No. BS 161399 SIP submission include evidence that the State collection burden under the provisions
(November 6, 2017) (finding that SCAQMD violated followed all of the procedural requirements of the of the Paperwork Reduction Act (44
section 40726 of the California Health & Safety State’s laws and constitution in adopting the plan. U.S.C. 3501 et seq.);
Code by adopting the 2015 RECLAIM amendments
without providing additional public hearing or
40 CFR part 51, Appendix V, section 2.1(e). The
statutory deadline for filing a petition for judicial
• Is certified as not having a
opportunity for comment). review of this action was November 13, 2017 (see significant economic impact on a
8 Id. 82 FR 43176, 43179). substantial number of small entities
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![Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Rules and Regulations 5927
under the Regulatory Flexibility Act (5 Filing a petition for reconsideration by ENVIRONMENTAL PROTECTION
U.S.C. 601 et seq.); the Administrator of this final rule does AGENCY
• Does not contain any unfunded not affect the finality of this action for
mandate or significantly or uniquely the purposes of judicial review nor does 40 CFR Part 52
affect small governments, as described it extend the time within which a [EPA–R06–OAR–2015–0189; FRL–9973–30–
in the Unfunded Mandates Reform Act petition for judicial review may be filed, Region 6]
of 1995 (Pub. L. 104–4); and shall not postpone the effectiveness
• Does not have Federalism Approval and Promulgation of
of such rule or action. This action may
implications as specified in Executive Implementation Plans; Arkansas;
not be challenged later in proceedings to
Order 13132 (64 FR 43255, August 10, Approval of Regional Haze State
1999); enforce its requirements. (See section
Implementation Plan Revision for NOX
• Is not an economically significant 307(b)(2).)
for Electric Generating Units in
regulatory action based on health or List of Subjects in 40 CFR Part 52 Arkansas
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997); Environmental protection, Air AGENCY: Environmental Protection
• Is not a significant regulatory action pollution control, Ammonia, Agency (EPA).
subject to Executive Order 13211 (66 FR Incorporation by reference, ACTION: Final rule.
28355, May 22, 2001); Intergovernmental relations, Nitrogen
• Is not subject to requirements of SUMMARY: Pursuant to the Federal Clean
oxides, Ozone, Particulate matter, Air Act (CAA or the Act), the
Section 12(d) of the National Reporting and recordkeeping
Technology Transfer and Advancement Environmental Protection Agency (EPA)
requirements, Sulfur oxides, Volatile is finalizing an approval of a revision to
Act of 1995 (15 U.S.C. 272 note) because
organic compounds. the Arkansas State Implementation Plan
application of those requirements would
be inconsistent with the Clean Air Act; Authority: 42 U.S.C. 7401 et seq. (SIP) submitted by the State of Arkansas
and through the Arkansas Department of
Dated: January 24, 2018. Environmental Quality (ADEQ) that
• Does not provide EPA with the
Alexis Strauss, addresses regional haze for the first
discretionary authority to address, as
appropriate, disproportionate human Acting Regional Administrator, Region IX. planning period. ADEQ submitted this
health or environmental effects, using revision to address certain requirements
Part 52, Chapter I, Title 40 of the Code of the Clean Air Act (CAA) and the
practicable and legally permissible of Federal Regulations is amended as
methods, under Executive Order 12898 EPA’s regional haze rules for the
follows: protection of visibility. The EPA is
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved taking final action to approve the State’s
PART 52—APPROVAL AND SIP revision, which addresses nitrogen
to apply on any Indian reservation land
PROMULGATION OF oxide (NOX) best available retrofit
or in any other area where the EPA or
IMPLEMENTATION PLANS technology (BART) requirements for the
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Arkansas Electric Cooperative
Indian country, the rule does not have ■ 1. The authority citation for part 52 Corporation (AECC) Bailey Plant Unit 1;
tribal implications and will not impose continues to read as follows: AECC McClellan Plant Unit 1; the
substantial direct costs on tribal Authority: 42 U.S.C. 7401 et seq.
American Electric Power/Southwestern
governments or preempt tribal law as Electric Power Company (AEP/
specified by Executive Order 13175 (65 Subpart F—California SWEPCO) Flint Creek Plant Boiler No.
FR 67249, November 9, 2000). 1; Entergy Arkansas, Inc. (Entergy) Lake
The Congressional Review Act, 5 § 52.220 Identification of plan—in part. Catherine Plant Unit 4; Entergy White
U.S.C. 801 et seq., as added by the Small Bluff Plant Units 1 and 2 and the
■ 2. Section 52.220 is amended by Auxiliary Boiler. The SIP revision also
Business Regulatory Enforcement adding paragraph (c)(439)(ii)(B)(6) to
Fairness Act of 1996, generally provides addresses reasonable progress
read as follows: requirements for NOX for the Entergy
that before a rule may take effect, the
agency promulgating the rule must * * * * * Independence Plant Units 1 and 2. In
submit a rule report, which includes a (c) * * * conjunction with this final approval, we
copy of the rule, to each House of the are finalizing in a separate rulemaking,
(439) * * * which is also being published in this
Congress and to the Comptroller General
of the United States. The EPA will (ii) * * * Federal Register, our withdrawal of
submit a report containing this action (B) * * * federal implementation plan (FIP)
and other required information to the emission limits for NOX that would
(6) The PM2.5-related portions of otherwise apply to these nine units.
U.S. Senate, the U.S. House of Appendix VI (‘‘Reasonably Available
Representatives, and the Comptroller DATES: This rule is effective on March
Control Measures (RACM) 14, 2018.
General of the United States prior to
Demonstration’’) of the Final 2012 Air ADDRESSES: The EPA has established a
publication of the rule in the Federal
Quality Management Plan (December docket for this action under Docket No.
Register. A major rule cannot take effect
until 60 days after it is published in the 2012). EPA–R06–OAR–2015–0189. All
Federal Register. This action is not a * * * * * documents in the dockets are listed on
the http://www.regulations.gov website.
daltland on DSKBBV9HB2PROD with RULES
‘‘major rule’’ as defined by 5 U.S.C.
§ 52.237 [Amended] Although listed in the index, some
804(2).
Under section 307(b)(1) of the Clean ■ 3. Section 52.237 is amended by information is not publicly available,
Air Act, petitions for judicial review of removing and reserving paragraph (a)(7). e.g., Confidential Business Information
this action must be filed in the United or other information whose disclosure is
[FR Doc. 2018–02677 Filed 2–9–18; 8:45 am]
States Court of Appeals for the restricted by statute. Certain other
appropriate circuit by April 13, 2018. BILLING CODE 6560–50–P material, such as copyrighted material,
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Document Created: 2018-11-01 08:42:39
Document Modified: 2018-11-01 08:42:39
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on March 14, 2018. | |
| Contact | Wienke Tax, EPA Region IX, (415) 947- 4192, [email protected] | |
| FR Citation | 83 FR 5923 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Ammonia; Incorporation by Reference; Intergovernmental Relations; Nitrogen Oxides; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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