[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Proposed Rules]
[Pages 63732-63734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22388]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2016-0444; FRL-9952-48-Region 9]
Approval of California Air Plan Revisions, South Coast Air
Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the South Coast Air Quality Management District
(SCAQMD) portion of the California State Implementation Plan (SIP).
These revisions concern emissions of oxides of nitrogen
(NOX) from ovens, dryers, dehydrators, heaters, kilns,
calciners, furnaces, crematories, incinerators, heated pots, cookers,
roasters, smokers, fryers, closed and open heated tanks and
evaporators, distillation units, afterburners, degassing units, vapor
incinerators, catalytic or thermal oxidizers, soil and water
remediation units, and other combustion equipment. We are proposing to
approve local rules to regulate these emission sources 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 October 17, 2016.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0444 at http://www.regulations.gov, or via email to Andrew
Steckel, Rulemaking Office Chief at [email protected]. For
comments submitted at Regulations.gov, follow the online instructions
for submitting comments. Once submitted, comments cannot be removed or
edited 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: Nicole Law, EPA Region IX, (415) 947-
4126, [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 rules and 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?
C. EPA Recommendations to Further Improve the Rules
D. Public Comment and Proposed 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 agency and submitted by the
California Air Resources Board (CARB).
Table 1--Submitted Rules
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Adopted/
Local agency Rule # Rule title amended Submitted
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SCAQMD......................... 1147 NOX Reductions from 09/09/2011 02/06/2013
Miscellaneous Sources.
SCAQMD......................... 1153.1 Emissions of Oxides of Nitrogen 09/07/2014 04/07/2015
from Commercial Food Ovens.
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On April 9, 2013 and April 30, 2015, the EPA determined that the
submittals for SCAQMD Rule 1147 and SCAQMD Rule 1153.1 met the
completeness criteria in 40 CFR part 51 Appendix V, which must be met
before formal EPA review.
B. Are there other versions of these rules?
There are no previous versions of Rule 1153.1. We approved an
earlier version of Rule 1147 into the SIP on August 4, 2010 (75 FR
46845).
C. What is the purpose of the submitted rules and rule revisions?
NOX helps produce ground-level ozone, smog and PM, which
harm human health and the environment. Section 110(a) of the CAA
requires States to submit regulations that control NOX
emissions. The revisions made to SCAQMD Rule 1147 are administrative
amendments that delay compliance dates. SCAQMD Rule 1153.1 is a new
rule that carves out the category of commercial food ovens from Rule
1147. Rule 1153.1 delays compliance and contains different
NOX emission limits than were required under rule 1147. 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).
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)). The SCAQMD regulates an ozone nonattainment area
classified as extreme for the 1-hour ozone standard, the 8-hour 1997
ozone standard, and the 8-hour 2008 ozone standard (40 CFR
[[Page 63733]]
81.305). Therefore, these rules must implement RACT. Additionally, SIP
rules must implement Best Available Control Measures (BACM), including
Best Available Control Technology (BACT), in serious PM2.5
nonattainment areas (see CAA section 189(b)(1)(B)). The SCAQMD
regulates a PM2.5 nonattainment area classified as serious
for the 2006 24-hr PM2.5 standard. (40 CFR 81.305.)
Therefore, although these rules must implement BACM and BACT, the BACM
and BACT evaluation is generally performed in context of a broader plan
and is not part of this rule evaluation.
Guidance and policy documents that we use 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); 57 FR 18070 (April 28, 1992).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11,
1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
4. ``State Implementation Plans; Nitrogen Oxides Supplement to the
General Preamble; Clean Air Act Amendments of 1990 Implementation of
Title I; Proposed Rule,'' (the NOX Supplement), 57 FR
55620, November 25, 1992.
5. ``NOX Emissions from Industrial/Commercial/
Institutional (ICI) Boilers,'' EPA, March 1994, (EPA-453/R-94-022,
March 1994).
6. ``Determination of Reasonably Available Control Technology and
Best Available Retrofit Control Technology for Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters,'' CARB, July 18, 1991.
B. Do the rules meet the evaluation criteria?
We believe these rules are consistent with CAA requirements and
relevant guidance regarding enforceability, RACT and SIP revisions.
SCAQMD previously adopted stringent future-effective emission limits
that had not been widely implemented for all affected sources. SCAQMD
intended to encourage wider adoption of low-emitting technology, but
understood that some sources might not be able to comply on schedule
for these and similar future-effective limits in other rules. As a
result, SCAQMD did not take credit for (``set aside'') some emission
reductions in certain attainment demonstrations. SCAQMD subsequently
determined that some sources cannot comply with Rules 1147 and 1153.1
on schedule despite reasonable efforts and therefore delayed certain
compliance dates. We do not believe that these changes impact the 2015
impracticability demonstration for the 2006 NAAQS for PM2.5,
the 2022 attainment demonstration for 1-hour ozone, or the 2023
attainment demonstration for the 1997 8-hour ozone standard because the
forgone emission reductions are less than a one ton per day set aside
by SCAQMD in their 2014 inventory used to model attainment and beyond
2020 there are no emissions forgone due to the rule amendments. 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 Proposed Action
As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted rules because we believe they fulfill all
relevant requirements. We will accept comments from the public on this
proposal until October 17, 2016. If we take final action to approve the
submitted rules, our final action will incorporate these rules into the
federally enforceable SIP.
III. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the SCAQMD rules described in Table 1 of this preamble. The
EPA has made, and will continue to make, these materials available
through www.regulations.gov and at the EPA Region IX Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).
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 proposed action merely proposes to approve State law
as meeting federal requirements and does not impose additional
requirements beyond those imposed by State law. For that reason, this
proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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 disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian reservation
land or in any other area where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
[[Page 63734]]
Dated: August 24, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2016-22388 Filed 9-15-16; 8:45 am]
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