[Federal Register Volume 83, Number 160 (Friday, August 17, 2018)]
[Rules and Regulations]
[Pages 41006-41009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17714]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2018-0272; FRL-9981-09-Region 9]
Air Plan Approval; California; San Joaquin Valley Unified Air
Pollution Control District; Reasonably Available Control Technology
Demonstration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the San Joaquin Valley Unified Air
Pollution Control District (SJVUAPCD or ``District'') portion of the
California State Implementation Plan (SIP). These revisions concern the
District's 2014 demonstration regarding Reasonably Available Control
Technology (RACT) requirements for the 2008 8-hour ozone National
Ambient Air Quality Standard (NAAQS). We are also taking final action
to approve into the California SIP the following documents that help
support the District's RACT demonstration: SJVUAPCD's supplement to its
2014 RACT SIP demonstration, which contains SJVUAPCD's negative
declarations where the District concludes it has no sources subject to
certain Control Techniques Guidelines (CTG) documents and relevant
permit conditions to implement RACT level requirements for J.R.
Simplot's Nitric Acid plant in Helm, California (CA); and SJVUAPCD's
2016 Ozone Plan for the 2008 8-Hour Ozone Standard--Chapter 3.4 and
Appendix C only. We are approving local SIP revisions to demonstrate
that RACT is implemented as required under the Clean Air Act (CAA or
the ``the Act'').
DATES: This rule will be effective on September 17, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2018-0272. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available through https://www.regulations.gov, or please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Stanley Tong, EPA Region IX, (415)
947-4122, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On May 17, 2018 (83 FR 22908), the EPA proposed to approve
SJVUACPD's ``2014 Reasonably Available Control Technology (RACT)
Demonstration for the 8-Hour Ozone State Implementation Plan (SIP)''
(2014 RACT SIP), submitted to the EPA by the California Air Resources
Board (CARB) on July 18, 2014,\1\ for approval as a revision to the
California SIP.
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\1\ The SJVUAPCD adopted its 2014 RACT SIP on June 19, 2014.
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In addition to the 2014 RACT SIP, our May 17, 2018 proposed rule
was also based on our evaluation of the public draft version of
SJVUAPCD's ``Supplement to the 2014 Reasonably Available Control
Technology (RACT) State Implementation Plan (SIP) for the 2008 8-hour
Ozone Standard'' (Supplement to the 2014 RACT SIP) that was transmitted
by CARB on May 4, 2018, along with a request for parallel
processing.\2\ The District's Supplement to the 2014 RACT SIP contained
relevant RACT permit conditions in a permit to operate for J.R.
Simplot's Nitric Acid plant in Helm, CA, and negative declarations
where the District concluded it had no sources subject to the following
CTG source categories: Surface coating of insulation of magnetic wire;
manufacture of synthesized pharmaceutical products; manufacture of
pneumatic rubber tires; leaks from synthetic organic chemical polymer
and resin manufacturing equipment; volatile organic compound (VOC)
emissions from manufacture of high-density polyethylene, polypropylene
and polyester resins; VOC emissions from air oxidation processes in
synthetic organic chemical manufacturing industry (SOCMI); VOC
emissions from reactor processes and distillation operations in SOCMI;
and surface coating operations at shipbuilding and ship repair
facilities.\3\ We indicated that we would not take final action on the
Supplement to the 2014 RACT SIP until CARB submitted the final adopted
version to the EPA as a SIP revision. On June 21, 2018, the SJVUAPCD
held a public hearing and adopted the Supplement to the 2014 RACT
SIP.\4\ On June 29, 2018, CARB
[[Page 41007]]
submitted the Supplement to the 2014 RACT SIP to the EPA for approval
as a revision to the California SIP.\5\ The final adopted version of
the Supplement to the 2014 RACT SIP includes non-substantive changes
from the public draft version that was the basis for our May 17, 2018
proposed rule. These changes include streamlining J.R. Simplot's
introductory section listing the plant's major equipment to just state
``Nitric Acid Plant''; restoring a permit condition that EPA Reference
Method 7 will be used to determine compliance with oxides of nitrogen
(NOX) limits; and removing reference citations to a local
rule and federal regulations that were inadvertently left in the
permit. The NOX emission limits remain unchanged from the
version of the permit included in our May 17, 2018 proposed rule. In
addition, when comparing the public draft version included in our May
17, 2018 proposed rule and the final version adopted by the District on
June 21, 2018, we noted minor editorial changes in the text preceding
the list of negative declarations. The primary substance of the
District's negative declarations, that is, recertification of three
prior negative declarations, and the adoption of five new negative
declarations, remain unchanged. We therefore consider these editorial
changes to also be non-substantive. On July 11, 2018, we found the
Supplement to the 2014 RACT SIP, including the relevant operating
permit conditions to implement NOX RACT for J.R. Simplot's
Nitric Acid Plant in Helm, CA, and several negative declarations, met
the completeness criteria in 40 CFR part 51, appendix V.
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\2\ CARB's May 4, 2018 transmittal letter contained a public
draft version of the Supplement to the 2014 RACT SIP along with a
request that the EPA provide parallel processing of the documents
concurrently with the state's public process. See footnote 1 in our
May 17, 2018 proposed rule.
\3\ See Supplement to the 2014 RACT SIP, Appendix B.
\4\ On June 21, 2018, the SJVUAPCD Governing Board adopted
``Revision to the State Implementation Plan (SIP) to Address Federal
Clean Air Act Requirements for Reasonably Available Control
Technology (RACT)''. Appendix A: ``J.R. Simplot Permit Conditions''
and Appendix B: ``Negative Declarations'', as contained in the
adopted document, are substantially similar to the versions
contained in the District's parallel processing request which the
EPA proposed to approve on May 17, 2018. We will reference the
District's June 21, 2018 adopted document as ``Supplement to the
2014 RACT SIP'' to maintain consistency with how this action was
referenced in our May 17, 2018 proposed rulemaking.
\5\ As explained in our May 17, 2018 proposed rulemaking, the
EPA is following its regulatory procedures for parallel processing.
See 40 CFR part 51, appendix V. These procedures allow the EPA to
approve a state's submittal, following parallel state and federal
comment periods, provided the final provision adopted at the state
level has no significant changes from the proposal.
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We are also approving portions of SJVUAPCD's ``2016 Ozone Plan for
the 2008 8-Hour Ozone Standard'' (2016 Ozone Plan), which help to
supplement the District's 2014 RACT SIP. The plan was adopted by the
District on June 16, 2016, and submitted by CARB to the EPA on August
24, 2016, as a revision to the California SIP. Specifically, as
discussed in our May 17, 2018 proposed rule, Chapter 3.4 of the 2016
Ozone Plan states that ``the District updated the RACT evaluation and
included VOC sources in the evaluation in Appendix C.'' Appendix C of
the 2016 Ozone Plan, which is titled, ``Stationary and Area Source
Control Strategy Evaluations,'' includes evaluations of individual
rules for RACT. We are only approving Chapter 3.4 and Appendix C of the
2016 Ozone Plan in order to demonstrate VOC RACT for all applicable
sources for the 2008 NAAQS.
As discussed in our proposed rule, the District's 2014 RACT SIP
contains its analysis of NOX RACT for the 2008 NAAQS. For
more background information and a more extensive discussion of the 2014
RACT SIP, the Supplement to the 2014 RACT SIP, Chapter 3.4 and Appendix
C of the 2016 Ozone Plan, and our evaluation of them for compliance
with CAA RACT requirements, please see our proposed rule and related
technical support document.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received one anonymous comment that was outside
the scope of this rulemaking. The comment was not germane to our
evaluation of the submitted SJVUAPCD documents to demonstrate that the
District's stationary sources are subject to RACT requirements.
III. EPA Action
No comments were submitted that change our assessment of the
submitted documents as described in our proposed action. Therefore, as
authorized in section 110(k)(3) of the Act, the EPA is fully approving
the following documents into the California SIP: SJVUAPCD's 2014 RACT
SIP; the Supplement to the 2014 RACT SIP including relevant permit
conditions for J.R. Simplot's Nitric Acid Plant in Helm, CA and
negative declarations for the CTG source categories: Surface coating of
insulation of magnetic wire; manufacture of synthesized pharmaceutical
products; manufacture of pneumatic rubber tires; leaks from synthetic
organic chemical polymer and resin manufacturing equipment; VOC
emissions from manufacture of high-density polyethylene, polypropylene
and polyester resins; VOC emissions from air oxidation processes in
SOCMI; VOC emissions from reactor processes and distillation operations
in SOCMI; and surface coating operations at shipbuilding and ship
repair facilities; and the 2016 Ozone Plan--only Chapter 3.4 and
Appendix C.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of certain
permit conditions for the J.R. Simplot Nitric Acid Plan in Helm, CA and
described in the amendments to 40 CFR part 52 set forth below. The EPA
has made, and will continue to make, these documents 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).
V. 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 action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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);
[[Page 41008]]
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, as appropriate, disproportionate human health or
environmental effects, using practicable 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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 16, 2018. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
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.
Dated: July 12, 2018.
Michael Stoker,
Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(449)(ii)(D),
(c)(496)(ii)(B), and (c)(507) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(449) * * *
(ii) * * *
(D) San Joaquin Valley Unified Air Pollution Control District
(SJVUAPCD).
(1) SJVUAPCD ``2014 Reasonably Available Control Technology (RACT)
Demonstration for the 8-Hour Ozone State Implementation Plan (SIP),''
dated June 19, 2014, as adopted by the SJVUAPCD on June 19, 2014.
* * * * *
(496) * * *
(ii) * * *
(B) San Joaquin Valley Unified Air Pollution Control District
(SJVUAPCD).
(1) SJVUAPCD ``2016 Ozone Plan for 2008 8-Hour Ozone Standard,''
dated June 16, 2016, Chapter 3.4 and Appendix C only, as adopted by the
SJVUAPCD on June 16, 2016.
* * * * *
(507) New regulations for the following APCD were submitted on June
29, 2018 by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District (SJVUAPCD).
(1) Permit #C-705-3-19, J.R. Simplot Company, Nitric Acid Plant,
Helm, CA, adopted by the SJVUAPCD, Resolution No.18-06-14, June 21,
2018.
(ii) Additional materials. (A) San Joaquin Valley Unified Air
Pollution Control District (SJVUAPCD).
(1) SJVUAPCD ``Appendix B Negative Declarations For Proposed
Revision to the State Implementation Plan (SIP) to Address Federal
Clean Air Act Requirements for Reasonably Available Control Technology
(RACT) June 21, 2018,'' containing negative declarations, as adopted by
the SJVUAPCD on June 21, 2018.
0
3. Section 52.222 is amended by adding paragraph (a)(8)(iii) to read as
follows:
Sec. 52.222 Negative declarations.
(a) * * *
(8) * * *
(iii) The following negative declarations for the 2008 NAAQS were
adopted by the San Joaquin Valley Unified Air Pollution Control
District on June 21, 2018, and submitted to the EPA on June 29, 2018.
Negative Declarations for the 2008 Ozone NAAQS
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CTG document No. Title
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EPA-450/2-77-033.................. Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume IV: Surface Coating
of Insulation of Magnet Wire.
EPA-450/2-78-029.................. Control of Volatile Organic
Emissions from Manufacture of
Synthesized Pharmaceutical
Products.
EPA-450/2-78-030.................. Control of Volatile Organic
Emissions from Manufacture of
Pneumatic Rubber Tires.
EPA-450/3-83-006.................. Control of Volatile Organic Compound
Leaks from Synthetic Organic
Chemical Polymer and Resin
Manufacturing Equipment.
EPA-450/3-83-008.................. Control of Volatile Organic Compound
Emissions from Manufacture of High-
Density Polyethylene,
Polypropylene, and Polystyrene
Resins.
EPA-450/3-84-015.................. Control of Volatile Organic Compound
Emissions from Air Oxidation
Processes in Synthetic Organic
Chemical Manufacturing Industry.
EPA-450/4-91-031.................. Control of Volatile Organic Compound
Emissions from Reactor Processes
and Distillation Operations in
Synthetic Organic Chemical
Manufacturing Industry.
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EPA-453/R-94-032.................. Alternative Control Technology
Document--Surface Coating
Operations at Shipbuilding and Ship
Repair Facilities
61 FR 44050 8/27/96............... Control Techniques Guidelines for
Shipbuilding and Ship Repair
Operations (Surface Coating).
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[FR Doc. 2018-17714 Filed 8-16-18; 8:45 am]
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