[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Rules and Regulations]
[Pages 50348-50351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17912]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2016-0262; FRL-9948-10-Region 9]
Approval of California Air Plan Revisions, Placer County Air
Pollution Control District and Ventura County Air Pollution Control
District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Placer County Air Pollution
Control District (PCAPCD) and Ventura County Air Pollution Control
District (VCAPCD) portions of the California State Implementation Plan
(SIP). These revisions concern oxides of nitrogen (NOX) and
carbon monoxide (CO) emissions from stationary gas turbines, boilers,
steam generators, and process heaters. We are approving local rules
that regulate these emission sources under the Clean Air Act (CAA or
the Act).
DATES: This rule is effective on September 30, 2016 without further
notice, unless the EPA receives adverse comments by August 31, 2016. If
we receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0262 at http://www.regulations.gov, or via email to Andrew
Steckel, Rules Office Chief, at [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: Kevin Gong, EPA Region IX, (415) 972
3073, [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 rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted rule revisions?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
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C. EPA Recommendations To Further Improve the Rules
D. Public Comment and Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rules did the State submit?
Table 1 lists the rules addressed by this action with the dates
that they were adopted by the local air agencies and submitted by the
California Air Resources Board.
Table 1--Submitted Rules
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Local agency Rule No. Rule title Date of local action Submitted
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PCAPCD............................ 250 Stationary Gas Amended 10/8/2015.... 03/11/2016
Turbines.
VCAPCD............................ 74.15.1 Boilers, Steam Revised 6/23/2015.... 11/13/2015
Generators, and
Process Heaters.
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On January 19, 2016, the EPA determined that the submittal for
VCAPCD Rule 74.15.1 met the completeness criteria in 40 CFR part 51,
appendix V, which must be met before formal EPA review. On April 19,
2016, the EPA determined that the submittal for PCAPCD Rule 250 met the
completeness criteria.
B. Are there other versions of these rules?
We approved an earlier version of PCAPCD Rule 250 into the SIP on
August 23, 1995, in 60 FR 43713, and an earlier version of VCAPCD Rule
74.15.1 into the SIP on May 19, 2014, in 79 FR 28612.
C. What is the purpose of the submitted rule revisions?
NOX helps produce ground-level ozone, smog and
particulate matter (PM), which harm human health and the environment.
Section 110(a) of the CAA requires States to submit regulations that
control NOX emissions. PCAPCD Rule 250 and VCAPCD Rule
74.15.1 both limit the emissions of NOX from their
respective source categories. The revisions to PCAPCD Rule 250 include
the removal of exemptions for emissions resulting from startup and
shutdown operations, and simplification of the emission limits for
stationary gas turbines. VCAPCD Rule 74.15.1 updates the testing regime
and clarifies several exemptions for boilers, steam generators, and
process heaters.
The EPA's technical support documents (TSDs) have more information
about these rules.
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules?
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).
SIP provisions cannot include exemptions from emission limitations
for emissions during startup, shutdown, and malfunction (SSM) events.
Thus, in order to be permissible in a SIP, emission limitations must
apply continuously, i.e., they cannot include periods during which
emissions are legally or functionally exempt from regulation (see CAA
sections 110(a)(2) and 302(k)). EPA recently clarified this requirement
for periods of startup, shutdown, and malfunction. See Restatement and
Update of EPA's SSM Policy Applicable to SIPs, 80 FR 33839 (June 12,
2015).
Generally, SIP rules must require reasonably available control
technology (RACT) for each major source of NOX in ozone
nonattainment areas classified as moderate or above (see CAA sections
182(b)(2) and 182(f)). PCAPCD regulates an ozone nonattainment area
classified as Severe for the 1994 1-hour ozone National Ambient Air
Quality Standard (NAAQS), and for the 1997 and 2008 8-hour ozone NAAQS
(40 CFR 81.305). VCAPCD also regulates an ozone nonattainment area
classified as Severe for the 1994 1-hour ozone NAAQS and for the 1997
and 2008 8-hour ozone NAAQS (40 CFR 81.305). Therefore, PCAPCD Rule 250
and VCAPCD Rule 74.15.1 must both implement RACT as the Districts
regulate ozone nonattainment areas classified as Severe.
Guidance and policy documents that we used to evaluate
enforceability, revision/relaxation and rule stringency requirements
for the applicable criteria pollutants include the following:
1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
(57 FR 13498, April 16, 1992 and 57 FR 18070, April 28, 1992).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations'' (``the Bluebook,'' U.S. EPA, May 25, 1988; revised
January 11, 1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies'' (``the Little Bluebook'', EPA Region 9, August 21,
2001).
4. ``State Implementation Plans; Nitrogen Oxides Supplement to the
General Preamble; Clean Air Act Amendments of 1990 Implementation of
Title I; Proposed Rule'' (``the NOX Supplement,'' 57 FR
55620, November 25, 1992).
5. ``Alternative Control Techniques Document--NOX
Emissions from Stationary Gas Turbines,'' (EPA-453/R-93-007),
Emissions Standards Division, EPA OAQPS, January 1993.
6. ``Control Techniques for Nitrogen Oxides Emissions from
Stationary Sources--Second Edition,'' (EPA-450/1-78-001), January
1978.
7. ``Alternative Control Techniques Document--NOX
Emissions from Process Heaters (Revised),'' (EPA-453/R93-034),
September 1993.
8. ``Determination of Reasonably Available Control Technology and
Best Available Retrofit Control Technology for Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters,'' California Air Resources Board RACT/BARCT guidance, July
18, 1991.
9. ``Restatement and Update of EPA's SSM Policy Applicable to
SIPs,'' 80 FR 33839, June 12, 2015.
B. Do the rules meet the evaluation criteria?
We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, RACT, SIP relaxations, and
requirements for emissions that occur during SSM events. The TSDs have
more information on our evaluation.
C. EPA Recommendations To Further Improve the Rules
The TSDs describe additional rule revisions that we recommend for
the next time the local agency modifies the rules but are not currently
the basis for rule disapproval.
D. Public Comment and Final Action
As authorized in section 110(k)(3) of the Act, the EPA is fully
approving the submitted rules because we believe they
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fulfill all relevant requirements.\1\ We do not think anyone will
object to this approval, so we are finalizing it without proposing it
in advance. However, in the Proposed Rules section of this Federal
Register, we are simultaneously proposing approval of the same
submitted rule. If we receive adverse comments by August 31, 2016, we
will publish a timely withdrawal in the Federal Register to notify the
public that the direct final approval will not take effect and we will
address the comments in a subsequent final action based on the
proposal. If we do not receive timely adverse comments, the direct
final approval will be effective without further notice on September
30, 2016. This will incorporate these rules into the federally
enforceable SIP.
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\1\ Upon the effective date of this final action, submitted
PCAPCD Rule 250 would supersede existing PCAPCD Rule 250, approved
at 60 FR 43713 in the applicable SIP. Submitted VCAPCD Rule 74.15.1
would supersede existing VCAPCD Rule 74.15.1, approved at 79 FR
28612.
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Please note that if the EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, the EPA may adopt as final
those provisions of the rule that are not the subject of an adverse
comment.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
PCAPCD and VCAPCD rules described in the amendments to 40 CFR part 52
set forth below. The EPA has made, and will continue to make, these
documents available electronically through www.regulations.gov and in
hard copy at U.S. Environmental Protection Agency Region IX (Air-4), 75
Hawthorne Street, San Francisco, CA, 94105-3901.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this 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);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
does not provide the EPA with the discretionary authority
to address, 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 September 30, 2016. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that the EPA can withdraw this direct final rule and address the
comment in the proposed rulemaking. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements.
Dated: June 14, 2016.
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
0
2. Section 52.220 is amended by adding paragraphs (c)(202)(i)(E)(3),
(c)(429)(i)(A)(6), (c)(472)(i)(B), and (c)(474) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(202) * * *
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(i) * * *
(E) * * *
(3) Previously approved on August 23, 1995, in paragraph
(c)(202)(i)(E)(1) of this section, and now deleted with replacement in
(c)(474)(i)(A)(1), Rule 250, ``Stationary Gas Turbines,'' adopted on
October 17, 1994.
* * * * *
(429) * * *
(i) * * *
(A) * * *
(6) Previously approved on May 19, 2014, in paragraph
(c)(429)(i)(A)(3) of this section and now deleted with replacement in
(c)(472)(i)(B)(1), Rule 74.15.1, ``Boilers, Steam Generators, and
Process Heaters,'' amended on September 11, 2012.
* * * * *
(472) * * *
(i) * * *
(B) Ventura County Air Pollution Control District.
(1) Rule 74.15.1, ``Boilers, Steam Generators, and Process
Heaters,'' revised June 23, 2015.
* * * * *
(474) New and amended regulations were submitted on March 11, 2016,
by the Governor's designee.
(i) Incorporation by reference.
(A) Placer County Air Pollution Control District.
(1) Rule 250, ``Stationary Gas Turbines,'' amended on October 8,
2015.
[FR Doc. 2016-17912 Filed 7-29-16; 8:45 am]
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