[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Proposed Rules]
[Pages 89024-89026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29594]
[[Page 89024]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2016-0318; FRL-9956-25-Region 9]
Approval of California Air Plan Revisions, Imperial County Air
Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Imperial County Air Pollution Control District
(ICAPCD) portion of the California State Implementation Plan (SIP).
These revisions concern emissions of volatile organic compounds (VOCs)
and particulate matter (PM) from large confined animal facilities
(LCAFs). 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 January 9, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0318 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 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: Nancy Levin, EPA Region IX, (415) 972-
3848, [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 or 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 proposal 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
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
ICAPCD............................ 217 Large Confined Animal 02/09/2016 04/21/2016
Facilities (LCAF) Permits
Required.
ICAPCD............................ 101 Definitions................. 02/09/2016 04/21/2016
ICAPCD............................ 202 Exemptions.................. 02/09/2016 04/21/2016
----------------------------------------------------------------------------------------------------------------
On May 18, 2016, the EPA determined that the submittal for ICAPCD
Rules 217, 101 and 202 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 217 in the SIP, although the
ICAPCD adopted an earlier version of Rule 217 on October 10, 2006, and
CARB submitted it to us on August 24, 2007. CARB withdrew this version
of Rule 217 on May 17, 2011. We approved earlier versions of Rules 101
and 202 into the SIP on October 2, 2014 (79 FR 59433) and May 9, 2011
(76 FR 26615), respectively. While we can act on only the most recently
submitted version, we have reviewed materials provided with previous
submittals.
C. What is the purpose of the submitted rules or rule revisions?
VOCs contribute to the production of 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 VOC emissions.
PM, including PM equal to or less than 2.5 microns in diameter
(PM2.5) and PM equal to or less than 10 microns in diameter
(PM10), contributes to effects that are harmful to human
health and the environment, including premature mortality, aggravation
of respiratory and cardiovascular disease, decreased lung function,
visibility impairment, and damage to vegetation and ecosystems. Section
110(a) of the CAA requires states to submit regulations that control PM
emissions. These rules also help to control ammonia, which contributes
to PM formation.
Rule 217 is designed to limit VOC and ammonia emissions from LCAFs,
including dairies, beef feedlots, poultry houses, swine facilities and
other confined animal facilities. The rule applies to operations at or
above certain size thresholds specified in the rule.\1\ These
operations must obtain an ICAPCD permit, submit an emissions mitigation
plan and implement mitigation measures. Rule 217 lists mitigation
measure requirements for each type of LCAF. The measures are grouped
into categories.\2\ The LCAF owner/operator must implement the
[[Page 89025]]
requirements within each category.\3\ Rules 101--Definitions, and 202--
Exemptions, were revised to be consistent with the LCAF thresholds for
dairy cows, chicken and ducks established in Rule 217.
---------------------------------------------------------------------------
\1\ Table 1 of Rule 217 provides large confined animal facility
(LCAF) thresholds for each type of livestock for which the rule
applies. For example, the beef feedlot LCAF threshold is 3,500 beef
cattle, the dairy LCAF threshold is 500 milking cows, and the
poultry LCAF threshold is 400,000 chickens or ducks.
\2\ For example, the mitigation measure requirements for beef
feedlots are grouped into the following categories: A. Feed, B.
Silage, C. Housing, D. Solid Manure/Separated Solids, E. Liquid
Manure and F. Land Application.
\3\ For example, Rule 217 Table 2.1 (C. Housing) states ``An
owner/operator of a beef feedlot CAF shall implement mitigation
measures 1, 2, 3, and 4 and at least one (1) additional mitigation
measure in each of the animal housing structures (e.g., each corral,
etc.):'' and lists the mitigation measures below, numbered 1-7.
---------------------------------------------------------------------------
The EPA's technical support document (TSD) has 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 category of sources covered by a Control
Techniques Guidelines (CTG) document, and for each non-CTG major source
of VOCs in ozone nonattainment areas classified as moderate or above
(see CAA section 182(b)(2)). The ICAPCD regulates sources in an ozone
nonattainment area classified as moderate for the 1997 and the 2008 8-
hour ozone standards (40 CFR 81.305). Therefore, we are evaluating
whether this rule implements RACT-level controls for this area source
category. Rules 101 and 202 support the requirements in Rule 217 but do
not contain emission limitations directly, so we are not evaluating
them for rule stringency.
Generally, SIP rules must also implement Reasonably Available
Control Measures (RACM), including RACT, in moderate PM2.5
nonattainment areas (see CAA sections 172(c)(1) and 189(a)(1)(C)). The
ICAPCD regulates sources in a PM2.5 nonattainment area
classified as moderate for the 2006 24-hour and the 2012 annual
standards. (40 CFR 81.305). RACM evaluations are generally performed in
context of a broader implementation plan. Therefore, we are not
proposing to determine whether this rule fulfills RACM requirements at
this time, although we did evaluate Rule 217 with respect to RACT-level
controls in the TSD.
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 for Serious PM-10 Nonattainment
Areas, and Attainment Date Waivers for PM-10 Nonattainment Areas
Generally; Addendum to the General Preamble for the Implementation of
Title I of the Clean Air Act Amendments of 1990,'' 59 FR 41998 (August
16, 1994).
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. The
TSD has more information on our evaluation.
C. EPA Recommendations To Further Improve the Rules
The TSD describes additional rule revisions that we recommend for
the next time the local agency modifies the rules.
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 January 9, 2017. Unless we receive convincing new
information during the comment period, we intend to publish a final
approval action that 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 ICAPCD 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 the 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
[[Page 89026]]
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, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 21, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2016-29594 Filed 12-8-16; 8:45 am]
BILLING CODE 6560-50-P