[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Proposed Rules]
[Pages 14496-14498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05056]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2017-0034; FRL-9958-93-Region 9]
Approval of California Air Plan Revisions, San Joaquin Valley
Unified Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the San Joaquin Valley Unified Air Pollution
Control District (SJVUAPCD) portion of the California State
Implementation Plan (SIP). This revision concerns emissions of oxides
of nitrogen (NOX) and particulate matter (PM) from boilers,
steam generators, and process heaters. We are proposing to approve
revisions to a local rule 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 April 20, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0034 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
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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 rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted rule revision?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule?
B. Does the rule meet the evaluation criteria?
C. EPA recommendations to further improve the rule
D. Public comment and proposed action
III. Incorporation by reference
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rule did the State submit?
Table 1 lists the rule addressed by this proposal with the dates
that it was adopted by the local air agency and submitted by the
California Air Resources Board (CARB).
Table 1--Submitted Rule
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Local agency Rule number Rule title Amended Submitted
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SJVUAPCD....................... 4307 Boilers, Steam Generators, and 04/21/16 08/22/16
Process Heaters- 2.0 MMBtu/hr
to 5.0 MMBtu/hr.
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On September 27, 2016, the EPA determined that the submittal for
SJVUAPCD Rule 4307 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 this rule?
We approved an earlier version of Rule 4307 into the SIP on
February 12, 2015 (80 FR 7803). The SJVUAPCD adopted revisions to the
SIP-approved version on April 21, 2016 and CARB submitted them to us on
August 22, 2016.
C. What is the purpose of the submitted rule revision?
NOX helps produce ground-level ozone, smog and PM, which
harm human health and the environment. 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 NOX and PM emissions. Rule
4307 contains emission limitations for NOX and PM. It has
been revised to require tree nut pasteurizers to be fired using Public
Utility Commission quality natural gas or Liquefied Petroleum Gas
(LPG). The EPA's technical support document (TSD) has more information
about this rule.
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule?
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 SJVUAPCD regulates an ozone nonattainment
area classified as extreme nonattainment for the 8-hour 1997 and 2008
ozone standards (40 CFR 81.305). Therefore, this rule 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 SJVUAPCD regulates a PM2.5 nonattainment
area classified as serious nonattainment for the 24-hour
PM2.5 standard (40 CFR 81.305). A BACM and BACT evaluation
is generally performed in the context of a broader plan.
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. ``Alternative Control Techniques Document- NOX
Emissions from Industrial/Commercial/Institutional (ICI) Boilers''
(EPA-453/R-94-022-1994/03, 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. Does the rule meet the evaluation criteria?
We believe this rule is consistent with CAA requirements and
relevant guidance regarding enforceability, RACT, and SIP revisions.
The rule is expanding the exemption for tree-nut pasteurizers to
include those fueled on LPG. However, the increased emissions from
these sources will be negligible. The TSD has more information on our
evaluation.
C. EPA Recommendations to Further Improve the Rule
The TSD describes additional rule revisions that we recommend for
the next time the local agency modifies the rule.
D. Public Comment and Proposed Action
As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted rule because we
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believe it fulfills all relevant requirements. We will accept comments
from the public on this proposal until April 20, 2017. If we take final
action to approve the submitted rule, our final action will incorporate
this rule 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 SJVUAPCD rule 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, the 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 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 13, 2017.
Alexis Strauss,
Regional Administrator, Region IX.
[FR Doc. 2017-05056 Filed 3-20-17; 8:45 am]
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