[Federal Register Volume 79, Number 46 (Monday, March 10, 2014)]
[Proposed Rules]
[Pages 13266-13268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05102]

[[Page 13266]]



40 CFR Part 52

[EPA-R09-OAR-2014-0172; FRL-9907-53-Region-9]

Approval of Air Quality Implementation Plans; California; Ventura 
County Air Pollution Control District; Reasonably Available Control 
Technology for Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.


SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by 
California for the Ventura County Air Pollution Control District 
(VCAPCD) portion of the California SIP. The submitted SIP revision 
contains the District's demonstration regarding Reasonably Available 
Control Technology (RACT) requirements for the 1997 8-hour ozone 
National Ambient Air Quality Standards (NAAQS). We are proposing to 
approve the submitted SIP revision under Clean Air Act as amended in 
1990 (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 9, 2014.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2014-0172, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email: [email protected].
    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
    Instructions: All comments will be included in the public docket 
without change and may be made available online at www.regulations.gov, 
including any personal information provided, unless the comment 
includes Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Information that you 
consider CBI or otherwise protected should be clearly identified as 
such and should not be submitted through www.regulations.gov or email. 
www.regulations.gov is an ``anonymous access'' system, and EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send email directly to EPA, your email 
address will be automatically captured and included as part of the 
public comment. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment.
    Docket: Generally, documents in the docket for this action are 
available electronically at www.regulations.gov and in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California. While all 
documents in the docket are listed at www.regulations.gov, some 
information may be publicly available only at the hard copy location 
(e.g., copyrighted material), and some may not be publicly available in 
either location (e.g., CBI). To inspect the hard copy materials, please 
schedule an appointment during normal business hours with the contact 

947-4122, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. The State's Submittal.
    A. What document did the State submit?
    B. Are there other versions of this document?
    C. What is the purpose of the RACT SIP submission?
II. EPA's Evaluation and Proposed Action.
    A. How is EPA evaluating the RACT SIP submission?
    B. Does the RACT SIP submission meet the evaluation criteria?
    C. EPA 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 document did the State submit?

    Table 1 lists the document addressed by this proposal with the date 
that it was adopted by the local air agency and submitted by the 
California Air Resources Board.

                       Table 1--Submitted Document
   Local agency           Document            Adopted        Submitted
VCAPCD...........  Reasonably Available          9/15/09        11/17/09
                    Control Technology
                    State Implementation
                    Plan Revision (2009
                    RACT SIP Revision)
                    as adopted September
                    15, 2009 (``2009
                    RACT SIP'').

    VCAPCD's 2009 RACT SIP became complete by operation of law under 
CAA section 110(k)(1)(B) on May 17, 2010.

B. Are there other versions of this document?

    While there is no previous version of VCAPCD's 2009 RACT SIP in the 
SIP, VCAPCD adopted and we approved VCAPCD's 2006 RACT SIP analysis on 
April 21, 2009 (74 FR 18148).

C. What is the purpose of the RACT SIP submission?

    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 
Guideline (CTG) document and any other major stationary source of VOCs 
or NOX. The VCAPCD is subject to this requirement as it is 
designated and classified as a serious ozone nonattainment area for the 
1997 8-hour ozone NAAQS. 40 C.F.R. 81.305; 73 FR 29073 (May 20, 2008) 
(final rule designating and classifying Ventura County APCD as serious 
nonattainment for the 1997 8-hour ozone NAAQs). On December 3, 2012, 
(77 FR 71551) EPA published a final rule determining that Ventura 
County attained the 1997 8-hour ozone standard. EPA's attainment 
determination suspended the requirements for Ventura to submit an 
attainment demonstration and associated planning SIPs related to 
attainment of the 1997 8-hour ozone NAAQS for so long as the area 
continues to attain the standards, but did not suspend Ventura's 
obligation to meet the specific RACT control requirements under CAA 
182(b)(2) and (f). 40 CFR 51.918. Therefore, VCAPCD must, at a minimum, 
adopt RACT-level

[[Page 13267]]

controls for all sources covered by a CTG document and for all major 
non-CTG sources of VOCs or NOX. Any stationary source that 
emits or has a potential to emit at least 50 tons per year (tpy) of 
VOCs or NOX is a major stationary source in a serious ozone 
nonattainment area. CAA 182(c), (f).
    Section IV.G. of EPA's final rule to implement the 1997 8-hour 
ozone NAAQS (70 FR 71612, 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. The submitted document updates and supplements 
VCAPCD's 2006 RACT SIP analyses and demonstrates its compliance with 11 
new or revised CTGs EPA issued between 2006 and 2008. EPA's technical 
support document (TSD) ``2009 RACT SIP TSD'' has more information about 
the District's submission and EPA's evaluation thereof.

II. EPA's Evaluation and Proposed Action

A. How is EPA evaluating the RACT SIP submission?

    Rules and guidance documents that we use to evaluate CAA section 
182 RACT SIPs 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).
    3. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations: Clarification to Appendix D of November 24, 1987 Federal 
Register, May 25, 1988, U.S. EPA, Air Quality Management Division, 
Office of Air Quality Planning and Standards (``The Blue Book'').
    4. Guidance Document for Correcting Common VOC and Other Rule 
Deficiencies, August 21, 2001, U.S. EPA Region IX (the ``Little 
    5. ``State Implementation Plans; Nitrogen Oxides Supplement to the 
General Preamble for the Implementation of Title I of the Clean Air Act 
Amendments of 1990'' (57 FR 55620, November 25, 1992) (``the 
NOX Supplement'').
    6. 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.
    7. Memorandum from William T. Harnett to Regional Air Division 
Directors, (May 18, 2006), ``RACT Qs & As--Reasonably Available Control 
Technology (RACT) Questions and Answers.''
    8. CTGs issued by EPA between 2006 and 2008 http://www.epa.gov/glo/SIPToolkit/ctgs.html.
    With respect to major stationary sources, the Ventura County APCD 
nonattainment area is classified as ``serious'' nonattainment for the 
1997 8-hour ozone NAAQS. While major sources in serious ozone 
nonattainment areas are defined as those emitting at least 50 tons per 
year (tpy) of VOC or NOX (CAA 182(c) and (f)), VCAPCD's 2009 
RACT SIP analyzed major sources with at least 25 tpy of NOX 
or VOC.

B. Does the RACT SIP submission meet the evaluation criteria?

    The 2009 RACT SIP updates and supplements the District's 2006 RACT 
SIP and provides the District's certification that the applicable SIP 
for the Ventura County APCD satisfies CAA section 182 RACT requirements 
for the 1997 8-hour ozone NAAQS for the 11 new or revised CTGs EPA 
issued between 2006 and 2008. This certification is based on the 
District's analyses of SIP-approved requirements that apply to: (1) new 
or revised CTGs issued between 2006 and 2008; and (2) all other major 
stationary sources of NOx or VOC emissions. VCAPCD's 2009 RACT SIP 
includes a detailed analysis of specific SIP rules including 
discussions of how those rules meet the applicable CTG for the 1997 8-
hour ozone NAAQS.
    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 2 below lists all of 
the source categories for which VCAPCD's 2009 RACT SIP provides 
negative declarations.

                  Table 2--VCAPCD Negative Declarations
          CTG Source Category                   CTG Document Title
Flat Wood Paneling Coatings............  EPA-453/R06-004 Control
                                          Techniques Guidelines for Flat
                                          Wood Paneling Coatings
Large Appliance Coatings...............  EPA-453/R-07-004 Control
                                          Techniques Guidelines for
                                          Large Appliance Coatings
Paper, Film and Foil Coatings..........  EPA-453/R-07-003 Control
                                          Techniques Guidelines for
                                          Paper, Film, and Foil Coatings
Automobile and Light-Duty Truck          EPA-452/R-08-006 Control
 Assembly Coatings.                       Techniques Guidelines for
                                          Automobile and Light-Duty
                                          Truck Assembly Coatings
Miscellaneous Industrial Adhesives.....  EPA 453/R-08-005 Control
                                          Techniques Guidelines for
                                          Miscellaneous Industrial
Flexible Package Printing..............  EPA 453/R-06-003 Control
                                          Techniques Guidelines for
                                          Flexible Package Printing
Metal Furniture Coatings...............  EPA 453/R-07-005 Control
                                          Techniques Guidelines for
                                          Metal Furniture Coatings
Fiberglass Boat Manufacturing Materials  EPA 453/R-08-004 Control
                                          Techniques Guidelines for
                                          Fiberglass Boat Manufacturing

    We are proposing to find that VCAPCD's 2009 RACT SIP submission, 
including all of these negative declarations, adequately demonstrate 
that the 11 CTGs EPA issued between 2006 and 2008 are either covered by 
SIP rules which satisfy RACT for the 1997 8-hour ozone NAAQS or the 
District has adopted negative declarations certifying they have no 
sources subject to the specific CTG source category.
    With respect to certain non-CTG source categories that are major 
stationary sources of NOX or VOC emissions, VCAPCD's 2009 
RACT SIP states that ``since the 2006 RACT SIP considered CTG sources 
and major non-CTG VOC and NOX sources down to 25 tons per 
year, the 2006 RACT SIP is able to serve as the District's serious area 
RACT certification.'' \1\

    \1\ 2009 RACT SIP Attachment III page 3.

    Our review of CARB's 2006 and 2008 emissions inventory database for 
VCAPCD sources identified two additional sources (oil production and

[[Page 13268]]

electrical power generation) exceeding the District's 25 tpy threshold 
for major sources but below the 50 tpy threshold for CAA serious ozone 
nonattainment areas. Both sources are covered by SIP-approved RACT 
rules. The electrical power generating station is covered by VCAPCD 
Rule 59 ``Electric Power Generating Equipment'' and operates two 
natural gas fired steam generators equipped with selective catalytic 
reduction and ammonia injection. The facility only operates when 
requested by the California Independent System Operator (CAISO). Since 
Rule 59 was last amended in 1997, it may be an area to investigate for 
potential emission reductions when the District next evaluates RACT for 
the 2008 8-hour ozone standard. Based on EPA's review of the District's 
evaluations, we propose to conclude that all of the 2006-2008 CTGs are 
either covered by SIP-approved rules which satisfy RACT for the 1997 8-
hour ozone NAAQS or the District has adopted negative declarations 
where they do not have sources subject to a CTG. The TSD has more 
information on our evaluation.

C. EPA Recommendations To Strengthen the RACT SIP

    We recommend VCAPCD investigate Rule 59 for potential emissions 
reductions when the District next evaluates RACT for the 2008 8-hour 
ozone standard. We discuss this recommendation further in our TSD.

D. Proposed Action and Public Comment

    Based on the evaluations discussed above and more fully in our TSD, 
we are proposing to conclude that VCAPCD's 2009 RACT SIP satisfies CAA 
section 182 RACT requirements for the 1997 8-hour ozone NAAQS and to 
fully approve this submission into the California SIP pursuant to 
section 110(k)(3) of the Act. 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 this RACT submission 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, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. 
This 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 EPA with the discretionary authority to 
address, as appropriate, 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, this proposed action does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

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: February 24, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2014-05102 Filed 3-7-14; 8:45 am]