[Federal Register Volume 82, Number 114 (Thursday, June 15, 2017)]
[Proposed Rules]
[Pages 27456-27460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12344]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2017-0218; FRL-9963-56-Region 9]
Approval of California Air Plan Revisions, Placer County 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 revisions to the Placer County Air Pollution Control District
(PCAPCD or ``the District'') portion of the California State
Implementation Plan (SIP). These revisions concern the District's
demonstration regarding Reasonably Available Control Technology (RACT)
requirements for the 1997 and 2008 8-hour ozone National Ambient Air
Quality Standards (NAAQS), and negative declarations for the polyester
resin source category for the 2008 8-hour ozone standard. We are
proposing action on local SIP revisions 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 17, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0218 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] or Stanley Tong, EPA Region IX, (415) 947-
4122, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
[[Page 27457]]
Table of Contents
I. The State's Submittal
A. What documents did the State submit?
B. Are there other versions of these documents?
C. What is the purpose of the RACT SIP submissions?
II. The EPA's Evaluation and Proposed Action
A. How is the EPA evaluating the RACT SIP submissions?
B. Do the RACT SIP submissions meet the evaluation criteria?
C. EPA's Recommendations To Strengthen the RACT SIP
D. Proposed Action and Public Comment
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What documents did the State submit?
Table 1 lists the documents 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 Documents
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Local agency Document Adopted Submitted
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PCAPCD..................................... 2006 Reasonably Available Control 8/10/06 7/11/07
Technology State Implementation
Plan Update Analysis (``2006 RACT
SIP'').
PCAPCD..................................... 2014 Reasonably Available Control 4/10/14 7/18/14
Technology State Implementation
Plan Analysis (``2014 RACT SIP'').
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On January 11, 2008, the submittal for PCAPCD's 2006 RACT SIP
Analysis for the 1997 8-hour ozone NAAQS was deemed by operation of law
to meet the completeness criteria in Title 40 of the Code of Federal
Regulations (CFR) Part 51 Appendix V, which must be met before formal
EPA review. On January 18, 2015, the submittal for PCAPCD's 2014 RACT
SIP Analysis for the 2008 8-hour ozone NAAQS was deemed by operation of
law to meet the completeness criteria as well.
B. Are there other versions of these documents?
There are no previous versions of these documents in the PCAPCD
portion of the California SIP for the 1997 or 2008 8-hour ozone
standards.
C. What is the purpose of the RACT SIP submissions?
Volatile organic compounds (VOCs) and nitrogen oxides
(NOX) help produce ground-level ozone and smog, which harm
human health and the environment. Section 110(a) of the CAA requires
states to submit enforceable regulations that control VOC and
NOX emissions. Sections 182(b)(2) and (f) require that SIPs
for ozone nonattainment areas classified as moderate or above require
implementation of RACT for any source covered by a Control Techniques
Guidelines (CTG) document and for any major source of VOCs or
NOX. The PCAPCD is subject to this requirement because it
contains an area designated and classified as severe-15 nonattainment
for the 1997 and 2008 8-hour ozone NAAQS.\1\ Therefore, the PCAPCD
must, at a minimum, adopt RACT-level controls for all sources covered
by a CTG document and for all major non-CTG sources of VOCs or
NOX within the nonattainment area. Any stationary source
that emits or has the potential to emit at least 25 tons per year of
VOCs or NOX is a major stationary source in a severe ozone
nonattainment area (CAA sections 182(d) and (f)).
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\1\ 40 CFR 81.305; 75 FR 24409 at 24419 (May 5, 2010) (final
rule reclassifying the Sacramento Metro area as severe-15
nonattainment for the 1997 8-hour ozone NAAQS); and 77 FR 30088 at
30104-05 (May 21, 2012) (final rule designating and classifying the
Sacramento Metro area as severe-15 nonattainment for the 2008 8-hour
ozone NAAQS).
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Section IV.G of the preamble to the EPA's final rule to implement
the 1997 8-hour ozone NAAQS (70 FR 71612, 71652-61 November 29, 2005)
discusses RACT requirements. It states in part that where a RACT SIP is
required, states implementing the 8-hour standard generally must assure
that RACT is met either through a certification that previously
required RACT controls represent RACT for 8-hour implementation
purposes or through a new RACT determination. Section III.D of the
preamble to the EPA's final rule to implement the 2008 ozone NAAQS (80
FR 12264, 12278-83 March 6, 2015) discusses similar requirements for
RACT. The submitted documents provide PCAPCD's analyses of its
compliance with the CAA section 182 RACT requirements for the 1997 and
2008 8-hour ozone NAAQS. The EPA's technical support documents (TSDs)
have more information about the District's submissions and the EPA's
evaluations thereof.
II. The EPA's Evaluation and Proposed Action
A. How is the EPA evaluating the RACT SIP submissions?
Generally, SIP rules must require RACT for each category of sources
covered by a CTG document as well as each major source of VOCs or
NOX in ozone nonattainment areas classified as moderate or
above (see CAA section 182(b)(2), (f)). The PCAPCD regulates a severe
ozone nonattainment area (see 40 CFR 81.305), so the District's rules
must implement RACT.
Guidance and policy documents that we use to evaluate CAA section
182 RACT requirements for the applicable criteria pollutants include
the following:
1. ``Final Rule to Implement the 8-hour Ozone National Ambient Air
Quality Standard--Phase 2'' (70 FR 71612; November 29, 2005).
2. ``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).
3. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook).
4. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
5. ``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.
6. Memorandum from William T. Harnett to Regional Air Division
Directors, (May 18, 2006), ``RACT Qs & As--Reasonably Available Control
Technology (RACT) Questions and Answers''.
7. RACT SIPs, Letter dated March 9, 2006 from EPA Region IX (Andrew
Steckel) to CARB (Kurt Karperos) describing Region IX's understanding
of what constitutes a minimally acceptable RACT SIP.
8. RACT SIPs, Letter dated April 4, 2006 from EPA Region IX (Andrew
Steckel) to CARB (Kurt Karperos) listing EPA's current CTGs,
Alternative Control Techniques (ACTs), and other
[[Page 27458]]
documents which may help to establish RACT.
9. ``Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements'' (80 FR
12264; March 6, 2015).
With respect to major stationary sources, even though the PCAPCD
nonattainment area was classified as ``serious'' nonattainment for the
1997 8-hour ozone NAAQS at the time the District adopted its 2006 RACT
SIP, the District performed its 2006 RACT SIP demonstration as though
it were classified as a ``severe'' nonattainment area by analyzing for
major VOC/NOX sources that emit or have the potential to
emit at least 25 tons per year (tpy) as opposed to the 50 tpy threshold
associated with major sources in ``serious'' ozone nonattainment
areas.\2\ CAA section 182(c), (d), and (f).
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\2\ Major stationary sources of VOC or NOX in serious
ozone nonattainment are those sources that emit or have the
potential to emit at least 50 tons per year.
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On May 5, 2010 (75 FR 24409), EPA granted the State of California's
request to reclassify the Sacramento Metropolitan ozone nonattainment
area, which includes parts of the PCAPCD, from ``serious'' to ``severe-
15'' for the 1997 8-hour ozone NAAQS. The Sacramento Metropolitan ozone
nonattainment area is also classified as severe-15 for the 2008 8-hour
ozone standard. 40 CFR 81.305. We evaluated both PCAPCD's 2006 RACT SIP
and its 2014 RACT SIP based on a ``severe-15'' classification.
B. Do the RACT SIP submissions meet the evaluation criteria?
PCAPCD's 2006 and 2014 RACT SIPs provide the District's
demonstration and certification that the applicable SIP for the Placer
County APCD satisfies CAA section 182 RACT requirements for the 1997
and 2008 8-hour ozone NAAQS. This conclusion is based on the District's
analysis of SIP-approved requirements that apply to: (1) CTG source
categories; and (2) major non-CTG stationary sources of NOX
or VOC emissions. See PCAPCD's 2006 RACT SIP Tables A and B and 2014
RACT SIP Table 1.
With respect to the 2006 RACT SIP, Table A in the appendix to the
2006 RACT SIP identifies the CTG and non-CTG categories with the
applicable district rules. The District did identify in Table D-1 of
the 2006 RACT SIP several rules that required re-submittal since newer
versions of the rules had been adopted. We reviewed the submittal
status of the rules in Table D-1 and conclude that the rules have been
submitted and approved into the SIP as meeting RACT.
Table B in the appendix to the 2006 RACT SIP lists major sources of
VOC and NOX in the District and includes a statement that
all the major stationary sources have adopted District rules that
satisfy RACT requirements. We reviewed CARB's emissions inventory
database for other potential CTG and/or major non-CTG sources not
included in PCAPCD's analysis and identified one major point source in
the District that is subject to section 182 RACT but was not identified
by the District. Capital Drum Inc., in Roseville, CA is a drum
manufacturer/refurbisher and emitted 34 tpy of VOCs in 2007. We
determined the source is covered by District Rule 223 ``Metal Container
Coating,'' which meets current RACT.
With respect to the 2014 RACT SIP, Table 1 of the 2014 RACT SIP
lists existing District rules that have been determined to meet RACT
and also lists the applicable CTGs. PCAPCD compared its rules to the
CTGs and rules of other air districts to determine if they satisfied
RACT. We conclude the PCAPCD rules meet RACT.
The 2014 RACT SIP identified three major stationary point sources
of NOX or VOC: Two biomass boilers and a natural gas
turbine. PCAPCD's 2014 RACT SIP states the biomass boilers and natural
gas turbine are subject to District RACT rules.
We reviewed CARB's emissions inventory database for other potential
CTG and/or major non-CTG sources not included in PCAPCD's analysis and
did not identify any other major sources in the District. However,
CARB's emissions inventory identified one potential CTG source under
standard industrial classification (SIC) code 2821 for the manufacture
of high-density polyethylene, polypropylene, and polystyrene CTG--for
which PCAPCD's 2014 RACT SIP indicated it had no subject sources.
Further investigation revealed that the SIC listed in CARB's emissions
inventory database for Sak Construction LLC was incorrect and that Sak
Construction LLC does not manufacture high-density polyethylene,
polypropylene, and polystyrene and therefore is not subject to the CTG.
The TSD contains further details.
Where there are no existing sources covered by a particular CTG
document, states may, in lieu of adopting RACT requirements for those
sources, adopt negative declarations certifying that there are no such
sources in the relevant nonattainment area. Table C of PCAPCD's 2006
RACT SIP and Table 2 of PCAPCD's 2014 RACT SIP lists the District's
negative declarations where it had no sources subject to the applicable
CTGs for the 1997 and 2008 8-hour ozone standards respectively. The
District based its conclusions on a review of its permit database,
internet search, business listings, SIC codes, industrial trade
association records, and yellow pages. We summarized the District's
negative declarations in Table 2 below.
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\3\ Based on PCAPCD's 2014 RACT SIP, Table 2, a negative
declaration was required for the Polyester Resin CTG. PCAPCD adopted
the required negative declaration and submitted it with its 2014
RACT SIP.
Table 2--PCAPCD Negative Declarations
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2006 RACT 2014 RACT
CTG Source category CTG Reference document SIP SIP
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Aerospace Coatings................................ EPA-453/R-97-004, Control of X X
Volatile Organic Compound
Emissions from Coating
Operations at Aerospace
Manufacturing and Rework
Operations.
Automobile and Light-duty Truck Assembly Coatings. EPA-450/2-77-008, Control of X X
Volatile Organic Emissions from
Existing Stationary Sources--
Volume II: Surface Coating of
Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty
Trucks.
EPA 453/R-08-006, Control N/A* X
Techniques Guidelines for
Automobile and Light-Duty Truck
Assembly Coatings.
Dry Cleaning (Petroleum).......................... EPA-450/3-82-009, Control of X X
Volatile Organic Compound
Emissions from Large Petroleum
Dry Cleaners.
Fiberglass Boat Manufacturing..................... EPA 453/R-08-004, Control N/A* X
Techniques Guidelines for
Fiberglass Boat Manufacturing
Materials.
Flexible Packaging Printing....................... EPA-453/R-06-003, Control N/A* X
Techniques Guidelines for
Flexible Package Printing.
Large Appliances Surface Coatings................. EPA-450/2-77-034, Control of X X
Volatile Organic Emissions from
Existing Stationary Sources--
Volume V: Surface Coating of
Large Appliances.
EPA 453/R-07-004, Control N/A* X
Techniques Guidelines for Large
Appliance Coatings.
[[Page 27459]]
Magnet Wire....................................... EPA-450/2-77-033, Control of X X
Volatile Organic Emissions from
Existing Stationary Sources--
Volume IV: Surface Coating of
Insulation of Magnet Wire.
Metal Furniture Coatings.......................... EPA-450/2-77-032, Control of X X
Volatile Organic Emissions from
Existing Stationary Sources--
Volume III: Surface Coating of
Metal Furniture.
EPA 453/R-07-005, Control N/A* X
Techniques Guidelines for Metal
Furniture Coatings.
Natural Gas/Gasoline.............................. EPA-450/3-83-007 Control of X X
Volatile Organic Compound
Equipment Leaks from Natural
Gas/Gasoline Processing Plants.
Paper and Fabric.................................. EPA-450/2-77-008, Control of ............ X
Volatile Organic Emissions from
Existing Stationary Sources--
Volume II: Surface Coating of
Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty
Trucks.
Paper, Film and Foil Coatings..................... EPA 453/R-07-003, Control N/A* X
Techniques Guidelines for
Paper, Film, and Foil Coatings.
Pharmaceutical Products........................... EPA-450/2-78-029, Control of X X
Volatile Organic Emissions from
Manufacture of Synthesized
Pharmaceutical Products.
Polyester Resin \3\............................... EPA-450/3-83-008, Control of X X
Volatile Organic Compound
Emissions from Manufacture of
High-Density Polyethylene,
Polypropylene, and Polystyrene
Resins.
EPA-450/3-83-006, Control of X X
Volatile Organic Compound Leaks
from Synthetic Organic Chemical
Polymer and Resin Manufacturing
Equipment.
Refineries........................................ EPA-450/2-77-025, Control of X X
Refinery Vacuum Producing
Systems, Wastewater Separators,
and Process Unit Turnarounds.
EPA-450/2-78-036, Control of X X
Volatile Organic Compound Leaks
from Petroleum Refinery
Equipment.
Rubber Tire....................................... EPA-450/2-78-030, Control of X X
Volatile Organic Emissions from
Manufacture of Pneumatic Rubber
Tires.
Ships/Marine Coating.............................. 61 FR 44050, 08/27/96, Control X X
Techniques Guidelines for
Shipbuilding and Ship Repair
Operations (Surface Coating).
Synthetic Organic Chemicals....................... EPA-450/3-84-015, Control of X X
Volatile Organic Compound
Emissions from Air Oxidation
Processes in Synthetic Organic
Chemical Manufacturing Industry.
EPA-450/4-91-031, Control of X X
Volatile Organic Compound
Emissions from Reactor
Processes and Distillation
Operations in Synthetic Organic
Chemical Manufacturing Industry.
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* These CTGs were issued between 2006-2008 and are not a requirement for the 1997 8-hour ozone standard.
PCAPCD provided its 2006 and 2014 RACT SIPs for public comment
prior to the public hearing for adoption. No written comments were
received by the District.
We are proposing to find that PCAPCD's 2006 and 2014 RACT SIP
submissions, including the above negative declarations, adequately
demonstrate that its rules satisfy RACT for the 1997 and 2008 8-hour
ozone NAAQS. Our TSDs have more information on our evaluation.
C. EPA Recommendations To Strengthen the RACT SIP
The TSD for the 2014 RACT SIP describes recommendations for
potential future emission reductions the next time the District opens
the rules for amendment.
D. Proposed Action and Public Comment
Based on the evaluations discussed above and more fully in our
TSDs, we are proposing to conclude that PCAPCD's 2006 and 2014 RACT
SIPs satisfy CAA section 182 RACT requirements for the 1997 and 2008 8-
hour ozone NAAQS and to fully approve these submissions into the
California SIP pursuant to section 110(k)(3) of the Act.
We are also proposing to approve the submitted negative
declarations for the polyester resins CTGs for the 2008 8-hr Ozone
NAAQS. We will accept comments from the public on this proposal for the
next 30 days. Unless we receive convincing new information during the
comment period, we intend to publish a final approval action that will
incorporate these RACT submissions into the federally enforceable SIP.
III. 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 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 (2 U.S.C. 1531-1538);
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
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
[[Page 27460]]
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, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 16, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-12344 Filed 6-14-17; 8:45 am]
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