[Federal Register Volume 78, Number 207 (Friday, October 25, 2013)]
[Proposed Rules]
[Pages 63934-63937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25260]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2013-0683; FRL-9902-01-Region9]
Approval of Air Quality Implementation Plans; California; El
Dorado County Air Quality Management District; Reasonably Available
Control Technology for Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by California for the El Dorado County Air Quality
Management District (EDAQMD) portion of the California SIP. The
submitted SIP revision contains the District's demonstrations regarding
Reasonably Available Control Technology (RACT) requirements for the
1997 8-hour ozone National Ambient Air Quality Standards (NAAQS). We
are proposing to approve the submitted SIP revision under the Clean Air
Act as amended in 1990 (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 25, 2013.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2013-0683, by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
2. Email: [email protected].
3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment.
Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed at www.regulations.gov, some
information may be publicly available only at the hard copy location
(e.g., copyrighted
[[Page 63935]]
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.
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 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 RACT SIP submission?
II. EPA's Evaluation and Proposed Action
A. How is EPA evaluating the RACT SIP submission?
B. Does the RACT SIP submission meet the evaluation criteria?
C. EPA Recommendations To Strengthen the SIP
D. Proposed Action and Request for Public Comment
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What document did the State submit?
Table 1 lists the document addressed by this proposal with the date
that it was adopted by the local air agency and submitted by the
California Air Resources Board.
Table 1--Submitted Document
------------------------------------------------------------------------
Local agency Document Adopted Submitted
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EDAQMD.............. EDAQMD Reasonably 02/06/07 07/11/07
Available Control
Technology (RACT) State
Implementation Plan
(SIP) Update Analysis
Staff Report (``2006
RACT SIP'').
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EDAQMD's RACT SIP submittal became complete by operation of law
under CAA section 110(k)(1)(B) on January 11, 2008.
B. Are there other versions of this document?
There is no previous version of this document in the El Dorado
portion of the California SIP.
C. What is the purpose of the RACT SIP submission?
Volatile organic compounds (VOCs) and nitrogen oxides
(NOX) help produce ground-level ozone and smog, which harm
human health and the environment. Section 110(a) of the CAA requires
States to submit enforceable 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 require
implementation of RACT for any source covered by a Control Techniques
Guideline (CTG) document and any other major stationary source of VOCs
or NOX. The EDAQMD is subject to this requirement as it is
designated and classified as a severe ozone nonattainment area for the
1997 8-hour ozone NAAQS. 40 CFR 81.305; 69 FR 23858 at 23887 (April 30,
2004) (final rule designating and classifying the Sacramento Metro
area, which includes the El Dorado County AQMD, as serious
nonattainment for the 1997 8-hour ozone NAAQs); 75 FR 24409 (May 5,
2010) (final rule reclassifying Sacramento Metro area as severe-15
nonattainment for the 1997 8-hour ozone NAAQS). Therefore, the EDAQMD
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 EDAQMD nonattainment area. Any stationary
source that emits or has a 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 182(d), (f).
Section IV.G. of EPA's final rule to implement the 1997 8-hour
ozone NAAQS (70 FR 71612, November 29, 2005) discusses RACT
requirements. It states in part that where a RACT SIP is required,
States implementing the 8-hour standard generally must assure that RACT
is met either through a certification that previously required RACT
controls represent RACT for 8-hour implementation purposes or through a
new RACT determination. The submitted document provides EDAQMD's
analyses of its compliance with the CAA section 182 RACT requirements
for the 1997 8-hour ozone NAAQS. EPA's technical support document
(TSD)(``2006 RACT SIP TSD'') has more information about the District's
submission and EPA's evaluation thereof.
II. EPA's Evaluation and Proposed Action
A. How is EPA evaluating the RACT SIP submission?
Rules and guidance documents that we use to evaluate CAA section
182 RACT SIPs include the following:
1. ``Final Rule to Implement the 8-Hour Ozone National Ambient Air
Quality Standard--Phase 2'' (70 FR 71612; November 29, 2005).
2. ``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).
3. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations: Clarification to Appendix D of November 24, 1987 Federal
Register, May 25, 1988, U.S. EPA, Air Quality Management Division,
Office of Air Quality Planning and Standards (``The Blue Book'').
4. Guidance Document for Correcting Common VOC and Other Rule
Deficiencies, August 21, 2001, U.S. EPA Region IX (the ``Little
Bluebook'').
5. ``State Implementation Plans; Nitrogen Oxides Supplement to the
General Preamble for the Implementation of Title I of the Clean Air Act
Amendments of 1990'' (57 FR 55620, November 25, 1992) (``the
NOX Supplement'').
6. RACT SIPs, Letter dated March 9, 2006 from EPA Region IX (Andrew
Steckel) to CARB (Kurt Karperos) describing Region IX's understanding
of what constitutes a minimally acceptable RACT SIP.
7. Memorandum from William T. Harnett to Regional Air Division
Directors, (May 18, 2006), ``RACT Qs & As--Reasonably Available Control
Technology (RACT) Questions and Answers''.
8. RACT SIPs, Letter dated April 4, 2006 from EPA Region IX (Andrew
Steckel) to CARB (Kurt Karperos) listing EPA's current CTGs, ACTs, and
other documents which may help to establish RACT.
With respect to major stationary sources, EPA evaluated the 2006
RACT SIP submission in accordance with the major source threshold (25
tons per year) that applies in severe ozone nonattainment areas. CAA
182(d), (f).
B. Does the RACT SIP submission meet the evaluation criteria?
The 2006 RACT SIP provides the District's conclusion that the
applicable SIP for the El Dorado County AQMD
[[Page 63936]]
satisfies CAA section 182 RACT requirements for the 1997 8-hour ozone
NAAQS. This conclusion is based on the District's analysis of SIP-
approved requirements that apply to: (1) CTG source categories; and (2)
major stationary sources of NOX or VOC emissions. See 2006
RACT SIP Staff Report at Table B and Appendix A.
First, with respect to CTG source categories, Appendix A of the
2006 RACT SIP Staff Report lists all CTG source categories and matches
those CTG categories with corresponding District rules which implement
RACT. EDAQMD also searched its database of permitted sources and
Standard Industrial Classification (SIC) codes and other source data
and emission inventory data for potential sources belonging to those
CTG categories for which the District did not have rules. Based on
these evaluations, the District's analysis indicated that except for
the metal parts and products category, there were no CTG source
categories for which the District had sources but no applicable RACT
requirement. See 2006 RACT SIP at 7. Recent discussions with EDAQMD
revealed that emissions at its metal parts coating facilities are below
the applicability threshold for the CTG. Specifically, one facility
emitted 0.24 tons and 0.28 tons of VOCs in 2010 and 2011 and another
facility emitted 0.7 tons of VOCs in 2011,\1\ well below the CTG's
applicability threshold of 10 tons per year. EDAQMD should submit a
negative declaration for the metal parts CTG.
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\1\ See email dated February 29, 2012 from Stanley Tong (EPA
Region 9) to Adam Baughman (El Dorado AQMD).
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We reviewed CARB's emissions inventory database for other potential
CTG and/or major non-CTG sources not included in EDAQMD's analysis and
did not identify any additional CTG source category or major source in
the District that is subject to section 182 RACT.
It should be noted that EDAQMD does not have many significant air
pollution sources and has submitted a number of negative declarations.
Not including gasoline stations, print shops, autobody shops and dry
cleaners, CARB's 2007 emissions inventory for EDAQMD only lists six
facilities. Included in the six is EDAQMD's only major source, Sierra
Pacific sawmill, which shut operations in 2009 and has not
restarted.\2\ The next largest source in EDAQMD is a landfill which
emitted 4.2 tpy VOCs and 2.1 tpy NOX in 2010, according to
CARB's 2010 emissions inventory.
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\2\ Sierra Pacific Industries does not appear in CARB's 2010
emissions inventory. http://www.arb.ca.gov/app/emsinv/facinfo/facinfo.php
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Where there are no existing sources covered by a particular CTG
document, 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 1 below lists all of
the source categories for which EDAQMD's 2006 RACT SIP provides
negative declarations.
Table 1--EDAQMD Negative Declarations
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CTG source category CTG document title
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Aerospace.............................. EPA-453/R-97-004--Control of
VOC Emissions from Coating
Operations at Aerospace
Manufacturing and Rework.
Automobile Coating; Metal Coil EPA-450/2-77-008--Control of
Container, & Closure; Paper & Fabric. Volatile Organic Emissions
from Existing Stationary
Sources--Volume II Surface
Coating of Cans, Coils, Paper,
Fabrics, Automobiles, and
Light-Duty Trucks.
Large Appliances....................... EPA-450/2-77-034--Control of
Volatile Organic Emissions
from Existing Stationary
Sources, Volume V: Surface
Coating of Large Appliances.
Magnet Wire............................ EPA 450/2-77-033--Control of
Volatile Organic Emissions
from Existing Stationary
Sources, Volume IV: Surface
Coating of Insulation of
Magnet Wire.
Metal Furniture........................ EPA-450/2-77-032--Control of
Volatile Organic Emissions
from Existing Stationary
Sources, Volume III: Surface
Coating of Metal Furniture.
Ships.................................. 61 FR 44050 Shipbuilding and
Ship Repair Operations
(Surface Coating).
Wood Coating: Factory Surface Coating EPA 450/2-78-032--Control of
of Flat Wood Paneling. Volatile Organic emissions
from Existing Stationary
Sources, Volume VII: Factory
Surface Coating of Flat Wood
Paneling.
Wood Furniture......................... EPA 453/R-96-007--Control of
VOC Emissions from Wood
Furniture Manufacturing
Operations.
Natural Gas/Gasoline................... EPA-450/2-83-007--Control of
VOC Equipment Leaks from
Natural Gas/Gasoline
Processing Plants.
Refineries............................. EPA-450/2-77-025--Control of
Refinery Vacuum Producing
Systems, Wastewater
Separators, and Process Unit
Turnarounds.
EPA-450/2-78-036--Control of
VOC Leaks from Petroleum
Refinery Equipment.
Synthetic Organic Chemical............. EPA-450/3-84-015--Control of
VOC Emissions from Air
Oxidation Processes in
Synthetic Organic Chemical
Manufacturing Industry.
EPA-450/4-91-031--Control of
VOC Emissions from Reactor
Processes and Distillation
Operations in SOCMI.
Tanks.................................. EPA-450/2-77-036--Control of
VOC Emissions from Storage of
Petroleum Liquids in Fixed
Roof Tanks.
EPA-450/2-78-047--Control of
VOC Emissions from Petroleum
Liquid Storage in External
Floating Roof Tanks.
Dry Cleaning........................... EPA-450/3-82-009--Control of
VOC Emissions from Large
Petroleum Dry Cleaners.
Pharmaceutical Products................ EPA-450/2-78-029--Control of
Volatile Organic Emissions
from Manufacture of
Synthesized Pharmaceutical
Products.
[[Page 63937]]
Polyester Resin........................ EPA-450/3-83-008--Control of
VOC Emissions from Manufacture
of High-Density Polyethylene,
Polypropylene, and Polystyrene
Resins.
EPA-450/3-83-006--Control of
VOC Fugitive Emissions from
Synthetic Organic Chemical
Polymer and Resin
Manufacturing Equipment.
Rubber Tires........................... EPA-450/2-78-030--Control of
Volatile Organic Emissions
from Manufacture of Pneumatic
Rubber Tires.
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Source: 2006 RACT SIP at 9.
We are proposing to find that the EDAQMD 2006 RACT SIP submission,
including all of these negative declarations, adequately demonstrates
that the applicable SIP rules for all CTG source categories operating
within the El Dorado AQMD satisfy RACT and that there are no existing
major stationary sources of NOx or VOC in El Dorado County
subject to RACT for the 1997 8-hour ozone NAAQS.
C. EPA Recommendations to Strengthen the SIP
We recommend strengthening the solvent cleaning limits in Rule 225,
``Solvent Cleaning Operations (Degreasing)'' and coating limits in Rule
215, ``Architectural Coatings,'' to more closely match corresponding
requirements adopted by the Sacramento Metro AQMD and Placer County Air
Pollution Control District.\3\ These recommendations will strengthen
the SIP, but are not required to satisfy RACT. We discuss these
recommendations further in our 2006 RACT SIP TSD.
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\3\ See Sacramento Metro AQMD Rule 466, Solvent Cleaning,
section 301.1 which specifies a 25 grams/liter VOC limit for general
solvent cleaning; 40 CFR Part 59, subpart D, National Volatile
Organic Compound Emission Standards for Architectural Coatings; and
CARB's suggested control measures for architectural coatings at:
http://www.arb.ca.gov/coatings/arch/Approved_2007_SCM.pdf.
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D. Proposed Action and Request for Public Comment
Based on the evaluations discussed above and more fully in our 2006
RACT SIP TSD, we are proposing to conclude that EDAQMD's 2006 RACT SIP
submission satisfies CAA section 182 RACT requirements for the 1997 8-
hour ozone NAAQS and to fully approve this submission into the
California SIP pursuant to section 110(k)(3) of the Act. We will accept
comments from the public on this proposal for the next 30 days. Unless
we receive convincing new information during the comment period, we
intend to publish a final approval action that will incorporate this
RACT submission 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, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
This 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 Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, with practical and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed action does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 25, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2013-25260 Filed 10-24-13; 8:45 am]
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