[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Proposed Rules]
[Pages 25996-25999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11681]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2017-0259; FRL-9963-32-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 facilities that emit four or more tons per year
of NOX or oxides of sulfur (SOX). We are
proposing to approve local rules to regulate these emission
[[Page 25997]]
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 July 6, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0259 at https://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 https://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 rule revisions?
II. The EPA's Evaluation and Proposed Action
A. How is the EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. 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
----------------------------------------------------------------------------------------------------------------
SCAQMD.................. 2001............................ Applicability....... 12/04/15 03/17/17
SCAQMD.................. 2002............................ Allocations for NOX 10/07/16 03/17/17
and SOX.
SCAQMD.................. 2005............................ New Source Review 12/04/15 03/17/17
for Regional Clean
Air Incentives
Market.
SCAQMD.................. 2011: Attachment C.............. Requirements for 12/04/15 03/17/17
Monitoring,
Reporting, and
Recordkeeping for
SOX Emissions:
Quality Assurance
and Quality Control
Procedures.
SCAQMD.................. 2011: Chapter 3................. Requirements for 12/04/15 03/17/17
Monitoring,
Reporting, and
Recordkeeping for
SOX Emissions:
Process Units--
Periodic Reporting
and Rule 219
Equipment.
SCAQMD.................. 2012: Attachment C.............. Requirements for 12/04/15 03/17/17
Monitoring,
Reporting, and
Recordkeeping for
NOX Emissions:
Quality Assurance
and Quality Control
Procedures.
SCAQMD.................. 2012: Chapter 4................. Requirements for 12/04/15 03/17/17
Monitoring,
Reporting, and
Recordkeeping for
NOX Emissions:
Process Units--
Periodic Reporting
and Rule 219
Equipment.
SCAQMD.................. 2011: Attachment E.............. Requirements for 02/05/16 03/17/17
Monitoring,
Reporting, and
Recordkeeping for
SOX Emissions:
Definitions.
SCAQMD.................. 2012: Attachment F.............. Requirements for 02/05/16 03/17/17
Monitoring,
Reporting, and
Recordkeeping for
NOX Emissions:
Definitions.
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On April 17, 2017, the EPA determined that the submittal for SCAQMD
Rule 2001; SCAQMD Rule 2002; SCAQMD Rule 2005; SCAQMD Rule 2011,
Attachment C; SCAQMD Rule 2011, Chapter 3; SCAQMD Rule 2012, Attachment
C; SCAQMD Rule 2012, Chapter 4; SCAQMD Rule 2011, Attachment E; and
SCAQMD Rule 2012, Attachment F 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?
We approved earlier versions of Rule 2001; Rule 2011, Attachment C;
Rule 2011, Chapter 3; Rule 2012, Attachment C; Rule 2012, Chapter 4;
Rule 2011, Attachment E; and Rule 2012, Attachment F into the SIP on
August 29, 2006 (71 FR 51120). The SCAQMD adopted revisions to the SIP-
approved versions of these rules on May 6, 2005 and CARB submitted them
to us on October 20, 2005. We approved earlier versions of Rule 2002
and Rule 2005 into the SIP on August 12, 2011 (76 FR 50128) and on
December 20, 2011 (76 FR 78829). The SCAQMD adopted revisions to the
SIP-approved versions of these rules on November 5, 2010 and June 3,
2011 and CARB submitted them to us on April 5, 2011 and September 27,
2011. We are acting on only the most recently submitted versions of
these rules but have reviewed materials provided with previous
submittals.
C. What is the purpose of the submitted rule revisions?
NOx contributes to the formation of ground-level ozone,
smog and particulate matter (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.
[[Page 25998]]
Section 110(a) of the CAA requires states to submit regulations that
control NOx and PM emissions. SCAQMD's Regional Clean Air
Incentives Market (RECLAIM) program consists of SCAQMD Rules 2000
through 2020. The RECLAIM amendments adopted in 2015 and 2016 were
revisions to Rules 2001; 2002; 2005; 2011, Attachment C; 2011, Chapter
3; 2012, Attachment C; 2012, Chapter 4; 2011, Attachment E; and 2012,
Attachment F. The primary purposes of these amendments to RECLAIM were
to lower the NOx emission cap in the RECLAIM program to
achieve additional emission reductions, to allow electric generating
facilities (EGFs) to exit RECLAIM, to add provisions regarding facility
shutdowns, to create a Regional New Source Review (NSR) Holding Account
for existing electricity generating facilities constructed after 1993,
and to implement other administrative and clarifying changes. The EPA's
technical support document (TSD) has more information about these
rules.
II. The EPA's Evaluation and Proposed Action
A. How is the EPA evaluating the rules?
Generally, 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). Because the
submittal contains SIP rules that are part of an economic incentive
program (EIP) and that address certain requirements of the
nonattainment NSR program, we also evaluated the rule revisions in
accordance with the EPA's requirements and recommendations for EIPs and
NSR programs.
Additionally, 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 1997 8-hour ozone and 2008 8-hour ozone
standards (40 CFR 81.305). Because the RECLAIM program applies to major
sources of NOx emissions, these rules must implement RACT.
SIP rules must also implement Reasonably Available Control Measures
(RACM), including RACT, in moderate and above PM2.5
nonattainment areas (see CAA sections 172(c)(1) and 189(a)(1)(C)) and
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-hour PM2.5 NAAQS and as moderate for the
1997 and 2012 PM2.5 NAAQS (40 CFR 81.305). We generally
evaluate submitted SIPs for RACM and BACM purposes as part of our
action on an attainment plan as a whole.
Guidance and policy documents that we use to evaluate
enforceability, SIP revisions, rule stringency requirements, and EIP
recommendations 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. ``Improving Air Quality with Economic Incentive Programs,''
EPA-452/R-01-001, EPA OAR, January 2001.
B. Do the rules meet the evaluation criteria?
We propose to find that the revised RECLAIM regulations satisfy the
applicable CAA requirements for enforceability, NSR, SIP revisions, and
economic incentive programs. In order to prevent NOx RECLAIM
trading credits (RTCs) associated with facilities that have shut down
from entering the RECLAIM market and potentially delaying the
installation of pollution controls at other RECLAIM facilities, the
revised regulations establish criteria for determining a facility
shutdown and the methodology for calculating the amount of
NOx RTCs by which that facility's future RTC holdings will
be reduced. These revisions are projected to reduce NOx
emissions from RECLAIM sources by 12 tons per day by 2023.
In addition, the revised regulations allow certain electric
generating facilities to use RTCs held in a ``Regional NSR Holding
Account'' to satisfy the NSR offset requirements specified in Rule
2005(f) but do not alter the existing requirement for all sources to
hold RTCs in amounts equal to the amounts of required offsets.
The revised rules are projected to achieve significant
environmental benefits and would not interfere with applicable
requirements concerning attainment and reasonable further progress or
other CAA requirements. The TSD has more information on our evaluation.
We are not reviewing the submitted rule revisions with respect to
RACT requirements at this time because the District has not yet
submitted an evaluation of the revised program in accordance with RACT
requirements. Following the District's submission of a RACT evaluation
for the revised RECLAIM rules, we intend to publish a separate proposed
rule providing our evaluation of the program in accordance with RACT
requirements and seeking public comment on that evaluation.
C. Public Comment and Proposed Action
The EPA is proposing to fully approve the submitted rules under
section 110(k)(3) of the Act based on our conclusion that they satisfy
the applicable CAA requirements for enforceability, NSR, SIP revisions,
and economic incentive programs. We will accept comments from the
public on this proposal until July 6, 2017. 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, 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
[[Page 25999]]
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 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 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,
Particulate matter, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 17, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-11681 Filed 6-5-17; 8:45 am]
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