[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)]
[Proposed Rules]
[Pages 2136-2140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00571]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2012-959; FRL-9941-14-Region 9]
Revisions to the California State Implementation Plan, Sacramento
Metropolitan Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing a
partial approval and partial disapproval of revisions to the Sacramento
Metropolitan (Metro) Air Quality Management District (SMAQMD or
District) portion of the California State Implementation Plan (SIP).
These revisions concern the District's demonstration regarding
Reasonably Available Control Technology (RACT) requirements for the
1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). 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 February 16, 2016.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2012-959 at http://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: 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 documents did the State submit?
B. Are there other versions of these documents?
C. What is the purpose of the RACT SIP submissions?
II. The EPA's Evaluation and Proposed Action
A. How is the EPA evaluating the RACT SIP submissions?
B. Do the RACT SIP submissions meet the evaluation criteria?
C. What are the RACT deficiencies?
D. EPA Recommendations To Further Improve the RACT SIP.
E. Proposed Action and Public Comment
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What documents did the State submit?
Table 1 lists the documents addressed by this proposal with the
dates that they were adopted by the local air agency and submitted to
the EPA by the California Air Resources Board (CARB).
Table 1--Submitted Documents
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Local agency Document Adopted Submitted
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SMAQMD................................. Reasonably Available Control Technology 10/26/06 07/11/07
(RACT) as Applicable to the 8-Hour
Ozone Standard, dated October 26, 2006
(``2006 RACT SIP'').
[[Page 2137]]
SMAQMD................................. Reasonably Available Control Technology 10/23/08 1/21/09
(RACT) Update as Applicable to the 8-
Hour Ozone Standard, dated October 23,
2008 (``Updated RACT SIP'').
----------------------------------------------------------------------------------------------------------------
The 2006 RACT SIP and Updated RACT SIP became complete by operation
of law under CAA section 110(k)(1)(B) on January 11, 2008 and July 21,
2009, respectively.
B. Are there other versions of these documents?
There are no previous versions of these documents in the SMAQMD
portion of the California SIP.
C. What is the purpose of the RACT SIP submissions?
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 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 any major stationary source of VOCs or NOX. The
Sacramento Metro area 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 Sacramento Metro area as
serious nonattainment for the 1997 8-hour ozone NAAQS); 75 FR 24409
(May 5, 2010) (final rule reclassifying the Sacramento Metro area as
severe-15 nonattainment for the 1997 8-hour ozone NAAQS). Therefore,
the SMAQMD 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 Sacramento Metro 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 section 182(d) and
(f)).
Section IV.G. of the preamble to the 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 documents provide SMAQMD's
analyses of its compliance with the CAA section 182 RACT requirements
for the 1997 8-hour ozone NAAQS. The EPA's technical support documents
(TSDs)(``2006 RACT SIP TSD'' and ``RACT SIP Update TSD'') have more
information about the District's submissions and the EPA's evaluations
thereof.
II. The EPA's Evaluation and Proposed Action
A. How is the EPA evaluating the RACT SIP submissions?
SIP rules must be enforceable (see CAA section 110(a)(2)), must not
interfere with applicable requirements concerning attainment and
reasonable further progress or other CAA requirements (see CAA section
110(l)), and must not modify certain SIP control requirements in
nonattainment areas without ensuring equivalent or greater emissions
reductions (see CAA section 193). Generally, SIP rules must require
RACT for each category of sources covered by a CTG document as well as
each major source of NOX or VOCs in ozone nonattainment
areas classified as moderate or above (see CAA section 182(b)(2)). The
SMAQMD regulates a severe ozone nonattainment area (see 40 CFR 81.305),
so the District's rules must implement RACT.
Guidance and policy documents that we use to evaluate
enforceability and 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, Revised January 11, 1990, 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, because the Sacramento
Metro nonattainment area was classified as ``serious'' nonattainment
for the 1997 8-hour ozone NAAQS at the time that California submitted
the 2006 RACT SIP to the EPA, the EPA evaluated this submission in
accordance with the 50 ton per year (tpy) threshold for ``major
stationary sources'' of VOC or NOX emissions in serious
ozone nonattainment areas. CAA section 182(c) and (f). The SMAQMD's
Updated RACT SIP contains the District's RACT evaluation for additional
major stationary sources based upon the 25 tpy major source threshold
in severe ozone nonattainment areas (see CAA section 182(d) and (f)),
which the EPA evaluated for compliance with the additional RACT
requirements that became applicable following the EPA's
reclassification of the Sacramento Metro area from ``serious'' to
``severe'' nonattainment for the 1997 8-hour ozone NAAQS. See 69 FR
23858 at 23887 (April 30, 2004) (final rule designating and classifying
the Sacramento Metro area as serious nonattainment for the 1997 8-hour
ozone NAAQS) and 75 FR 24409 (May 5, 2010) (final rule reclassifying
the Sacramento Metro area as severe-15 nonattainment for the 1997 8-
hour ozone NAAQS).
B. Do the RACT SIP submissions meet the evaluation criteria?
The 2006 RACT SIP and Updated RACT SIP provide the District's
[[Page 2138]]
conclusion that the applicable SIP for the Sacramento Metro area
satisfies CAA section 182 RACT requirements for the 1997 8-hour ozone
NAAQS. This conclusion is based on the District's analyses of SIP-
approved requirements that apply to: (1) CTG source categories; (2)
certain non-CTG source categories or emission units located at major
stationary sources; and (3) all major stationary sources of VOC or
NOX emissions. See 2006 RACT SIP Staff Report at Appendices
A-D and Updated RACT SIP Staff Report at Appendices A-B. SMAQMD's 2006
RACT SIP Staff Report and Updated RACT SIP Staff Report include
detailed analyses of its SIP rules including discussions of how those
rules continue to implement RACT for the 1997 8-hour ozone NAAQS.
First, with respect to CTG source categories, Table 1 of the 2006
RACT SIP Staff Report and Table 1 of the Updated RACT SIP Staff Report
lists all CTG source categories and match those CTG categories with
corresponding District rules which implement RACT. SMAQMD also searched
its database of permitted sources and telephone directories for
potential sources belonging to those CTG categories for which the
District did not have rules. Based on these evaluations, the District
concluded that there were no CTG source categories for which the
District had sources but no applicable RACT requirement. See 2006 RACT
SIP Staff Report at 2 and Updated RACT SIP Staff Report at 3. Our
review of CARB's emissions inventory database for potential CTG sources
did not uncover any CTG source categories missing from the District's
analyses.
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 2 below lists all of
the source categories for which SMAQMD's 2006 RACT SIP and Updated RACT
SIP provide negative declarations.
Table 2--SMAQMD Negative Declarations
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CTG Source category CTG Document title
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Aerospace Coating...................... EPA-453/R-97-004 and 59 FR
29216 (6/06/94)--Control of
Volatile Organic Compound
Emissions from Coating
Operations at Aerospace
Manufacturing and Rework
Operations.
Automobile Coating..................... 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.
Dry Cleaning (Petroleum Solvent)....... EPA-450/3-82-009--Control of
Volatile Organic Compound
Emissions from Large Petroleum
Dry Cleaners.
Graphic Arts (Rotogravure)............. EPA-450/2-78-033--Control of
Volatile Organic Emissions
from Existing Stationary
Sources, Volume VIII: Graphic
Arts--Rotogravure and
Flexography.
Large Appliance Coating................ EPA-450/2-77-034--Control of
Volatile Organic Emissions
from Existing Stationary
Sources, Volume V: Surface
Coating of Large Appliances.
EPA-453/R-07-004--Control
Techniques Guidelines for
Large Appliance Coatings.
Magnetic Wire Coating.................. EPA-450/2-77-033--Control of
Volatile Organic Emissions
from Existing Stationary
Sources, Volume IV: Surface
Coating for Insulation of
Magnetic Wire.
Metal Coil Coating..................... 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.
Natural Gas/Gasoline Processing........ EPA-450/2-83-007--Control of
Volatile Organic Compound
Equipment Leaks from Natural
Gas/Gasoline Processing
Plants.
Paper and Fabric Coating............... 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.
Resin Manufacturing (High-Density EPA-450/3-83-008--Control of
Polyethylene, Polypropylene, and Volatile Organic Compound
Polystyrene). Emissions from Manufacture of
High-Density Polyethylene,
Polypropylene, and Polystyrene
Resins.
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
Volatile Organic Compound
Leaks from Petroleum Refinery
Equipment.
Rubber Tire Manufacturing.............. EPA-450/2-78-030--Control of
Volatile Organic Emissions
from Manufacture of Pneumatic
Rubber Tires.
Ship Coating........................... 61 FR 44050--Control Techniques
Guidelines for Shipbuilding
and Ship Repair Operations
(Surface Coating).
Wood Coating (Flat Wood Paneling)...... EPA-450/2-78-032--Control of
Volatile Organic Emissions
from Existing Stationary
Sources, Volume VII: Factory
Surface Coating of Flat Wood
Paneling.
EPA-453/R06-004--Control
Techniques Guidelines for Flat
Wood Paneling Coatings.
Paper, Film and Foil................... EPA-453/R-07-004--Control
Techniques Guidelines for
Paper, Film, and Foil
Coatings.
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Source: 2006 RACT SIP at 1-2 and Updated RACT SIP at 2-3.
[[Page 2139]]
Subsequent to submitting its 2006 RACT SIP and Updated RACT SIP,
SMAQMD submitted, and the EPA approved, negative declarations for the
following CTG source categories: Coating Operations at Aerospace
Manufacturing and Rework Operations (77 FR 23130, April 18, 2012),
Fiberglass Boat Manufacturing Materials (77 FR 63743, October 17,
2012), and Automobile and Light-Duty Truck Assembly Coatings (77 FR
63743, October 17, 2012).
With the exception of the Pharmaceuticals Manufacturing CTG and the
municipal landfill category, we are proposing to find that SMAQMD's
2006 RACT SIP and Updated RACT SIP, including the above negative
declarations, largely demonstrate that the applicable SIP rules for the
CTG source categories operating within the Sacramento Metro area
satisfy RACT for the 1997 8-hour ozone NAAQS. We will discuss the
deficiencies with Rule 455, Pharmaceuticals Manufacturing and the
municipal landfill category, in the next section.
Our 2006 RACT SIP TSD provides a more detailed discussion of the
EPA's rationale, including an overview of the District's analyses which
were made available for public comment during the District's rulemaking
process, together with recommendations for rule improvements.
Second, with respect to certain non-CTG source categories located
at facilities that are major stationary sources of VOC or
NOX emissions, the 2006 RACT SIP Staff Report contains: (1)
A summary of recommendations or requirements contained in applicable
Alternative Control Technique (ACT) documents, federal and state RACT
guidance documents, and/or regulations; (2) a summary of the applicable
District rules; and (3) an evaluation of the District's rules in light
of the applicable RACT guidance documents and/or regulations. See 2006
RACT SIP Staff Report at Appendix B. Based on these evaluations, SMAQMD
concludes that non-CTG emission sources located within these VOC or
NOX major stationary sources are generally covered by SIP-
approved rules that satisfy RACT for the 1997 8-hour ozone NAAQS. We
are proposing to find that the SMAQMD's 2006 RACT SIP and Updated RACT
SIP submissions adequately demonstrate that the applicable SIP rules
for these non-CTG sources located at major stationary sources satisfy
RACT for the 1997 8-hour ozone NAAQS.
Our 2006 RACT SIP TSD provides a more detailed discussion of the
EPA's rationale for these proposals, including an overview of the
District's analyses which were made available for public comment during
the District's rulemaking process.
Finally, with respect to all other major stationary sources of VOC
or NOX emissions, the 2006 RACT SIP and Updated RACT SIP
identify the applicable SIP rules or SIP-approved permit provisions
that the EPA has previously approved as satisfying RACT. Our review of
CARB's emissions inventory database did not uncover any additional
major stationary sources that were missed in the District's analyses.
Based on the EPA's review of the District's evaluations, we propose to
conclude that with the exception of the Pharmaceuticals Manufacturing
rule and municipal waste landfill category, all of the identified SIP
rules and permit conditions satisfy RACT for the 1997 8-hour ozone
NAAQS.
C. What are the RACT deficiencies?
Rule 455, Pharmaceuticals Manufacturing, (amended 11/29/83 and 9/5/
96) lacks test methods, recordkeeping, and monitoring requirements
which are necessary to support enforcement of the rule. See CAA section
110(a). These are deficiencies listed in the EPA's ``Blue Book''
(Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations, May 25, 1988, revised January 11, 1990) and should be
corrected.
The Kiefer landfill is a major source of VOCs located within the
Sacramento Metro area. SMAQMD Rule 485, Municipal Landfill Gas, exempts
landfills covered under the NSPS, 40 CFR part 60 Subpart WWW, including
Kiefer Landfill. Although the District has been delegated authority to
implement and enforce the NSPS, as well as the relevant NESHAP (40 CFR
part 63 Subpart AAAA), those requirements have not been incorporated
into the SIP. The District should amend the rule or submit relevant
portions of the facility's permit for SIP approval.
D. EPA Recommendations To Further Improve the RACT SIP
Our TSDs for the 2006 RACT SIP and Updated RACT SIP provide
additional recommendations for future rule improvements.
E. Proposed Action and Public Comment
For the reasons discussed above and explained more fully in our
2006 RACT SIP TSD and Updated RACT SIP TSD, the EPA proposes to
partially approve and partially disapprove SMAQMD's 2006 RACT SIP and
Updated RACT SIP. Under CAA section 110(k)(3), we propose to approve
the 2006 RACT SIP and Updated RACT SIP, with the exception of Rule 455,
Pharmaceutical Manufacturing and the municipal waste landfill category,
as satisfying the RACT requirements of CAA section 182(b)(2) and (f).
Also under CAA section 110(k)(3), we propose to disapprove those
elements of the 2006 RACT SIP and Updated RACT SIP that pertain to Rule
455 and the municipal waste landfill category, which the EPA has
determined do not meet all of the applicable CAA requirements. We will
not finalize this partial disapproval, however, if we fully approve
revisions to Rule 455 and the municipal waste landfill category as
satisfying RACT before finalizing action on the 2006 RACT SIP and
Updated RACT SIP.
The EPA is committed to working with CARB and the District to
resolve the Rule 455 and municipal waste landfill RACT deficiencies
identified in this proposed action.
If finalized, this partial disapproval would trigger the 2-year
clock for the federal implementation plan (FIP) requirement under
section 110(c).
In addition, final disapproval would trigger sanctions under CAA
section 179 and 40 CFR 52.31 unless the EPA approves subsequent SIP
revisions that correct the RACT SIP deficiencies within 18 months of
the effective date of the final action.
We will accept comments from the public on the proposed partial
approval and partial disapproval for the next 30 days.
III. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.
[[Page 2140]]
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
State, local, or tribal governments, or to the private sector, will
result from this action.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Coordination With Indian Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, because 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, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not impose additional
requirements beyond those imposed by state law.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Population
The EPA lacks the discretionary authority to address environmental
justice in this rulemaking.
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: December 11, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2016-00571 Filed 1-14-16; 8:45 am]
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