[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Proposed Rules]
[Pages 68484-68486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28278]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0552; FRL-9936-70-Region 9]


Approval of California Air Plan Revisions, San Joaquin Valley 
Unified Air Pollution Control District and 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 San Joaquin Valley Unified Air Pollution 
Control District (SJVUAPCD) and South Coast Air Quality Management 
District (SCAQMD) portions of the California State Implementation Plan 
(SIP). These revisions concern emissions of oxides of nitrogen 
(NOX) from fan-driven natural gas-fired central furnaces for 
residences and businesses. We are proposing to approve local rules 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 December 7, 2015.

ADDRESSES: Submit comments, identified by docket ID number EPA-R09-OAR-
2015-0552, 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 
94105-3901.

[[Page 68485]]

    Instructions: Once submitted, comments cannot be edited or 
withdrawn. 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. If you need to include CBI as part 
of your comment, please visit http://www.epa.gov/dockets/comments.html 
for further instructions. 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. For the full EPA public comment policy and 
general guidance on making effective comments, please visit http://www.epa.gov/dockets/comments.html.
    Docket: Generally, documents in the docket for this action are 
available electronically at www.regulations.gov or 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, large maps), 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 listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, (415) 942 
3073, [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 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/agencies and submitted 
by the California Air Resources Board.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
            Local agency                Rule No.              Rule title              Amended        Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD...........................            4905  Natural-Gas-Fired, Fan-Type        01/22/15        04/07/15
                                                      Central Furnaces.
SCAQMD.............................            1111  Reduction of NOX Emissions         09/05/14        04/07/15
                                                      From Natural-Gas-Fired,
                                                      Fan-Type Central Furnaces.
----------------------------------------------------------------------------------------------------------------

    On April 30, 2015, the EPA determined that the submittal for 
SJVUAPCD 4905 and SCAQMD 1111 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 a previous version of Rule 4905 into the SIP on May 30, 
2007 in 72 FR 29886 and a previous version of Rule 1111 August 4, 2010 
in 75 FR 46845.

C. What is the purpose of the submitted rule revisions?

    NOX helps produce ground-level ozone, smog and fine 
particulate matter (PM2.5), which harm human health and the 
environment. Section 110(a) of the CAA requires States to submit 
regulations that control NOX emissions. SJVUAPCD Rule 4905 
and SCAQMD Rule 1111 are point-of-sale rules for fan-driven natural 
gas-fired furnaces. The most recent revisions to Rule 4905 reduced the 
emission limits for various furnace types to the same limits set in the 
SIP-approved version of Rule 1111. The most recent revisions to Rule 
1111 briefly extended the compliance deadline for one type of furnace. 
The revisions to both Rule 4905 and Rule 1111 also added a fee option 
for manufacturers of furnaces who produce and sell furnaces not meeting 
the new limits within the first three years of compliance. The EPA's 
technical support documents (TSDs) have more information about these 
rules.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rules?

    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).
    The SIP must implement all reasonably available control measures 
(RACM), including such reductions in emissions from existing sources in 
the area as may be obtained through the adoption, at a minimum, of 
reasonably available control technology (RACT), as expeditiously as 
practicable, in ozone nonattainment areas classified Moderate and above 
(see CAA section 172(c)(1), 40 CFR 51.912(d) and 51.1112(c)). In 
addition, the SIP must require RACT for all major sources of 
NOX in ozone nonattainment areas classified as Moderate or 
above (see CAA section 182(b)(2) and (f); 40 CFR 51.912(a) and 
51.1112(a)(1)). SJVUAPCD and SCAQMD both regulate ozone nonattainment 
areas classified as Extreme for the 1997 and 2008 8-hour standards (40 
CFR 81.305). SJVUAPCD Rule 4905 and SCAQMD Rule 1111 regulate area 
sources that are too small to exceed the major source threshold of 10 
tons per year for Extreme ozone nonattainment areas and are therefore 
not subject to major source ozone RACT requirements under CAA section 
182(b)(2) and (f). Nonetheless, the SIP must implement all RACM/RACT 
for NOX necessary to demonstrate attainment as expeditiously 
as practicable and to meet any reasonable further progress (RFP) 
requirements (see CAA section 172(c)(1), 40 CFR 51.912(d) and 
51.1112(c)). A RACM/RACT evaluation is generally performed in context 
of a broader plan.
    The SIP must also implement RACM, including RACT, as expeditiously 
as possible in PM2.5 nonattainment areas classified as 
Moderate (see CAA sections 172(c)(1) and 189(a)(1)(C)). SJVUAPCD and 
SCAQMD both regulate PM2.5 nonattainment areas classified as 
Moderate for the 2006 24-hour PM2.5 standard (40 CFR 
81.305). A RACM/RACT evaluation is generally performed in context of a 
broader plan.
    SIP rules must implement Best Available Control Measures (BACM), 
including Best Available Control

[[Page 68486]]

Technology (BACT), in PM2.5 nonattainment areas classified 
as Serious or above (see CAA section 189(b)(1)(B)). SJVUAPCD regulates 
a PM2.5 nonattainment area classified as Serious for the 
1997 PM2.5 standard (40 CFR 81.305). A BACM/BACT evaluation 
is generally performed in context of a broader plan.
    Guidance and policy documents that we use to evaluate 
enforceability, revision/relaxation and rule stringency requirements 
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, 
January 2001 (EPA-452/R-01-001).

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with CAA requirements and 
relevant guidance regarding enforceability, stringency and SIP 
revisions. The TSDs have more information on our evaluation.

C. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted rules because we believe they fulfills all 
relevant requirements. We will accept comments from the public on this 
proposal until December 7, 2015. Unless we receive convincing new 
information during the comment period, we intend to publish a final 
approval action that will incorporate these rules into the federally 
enforceable SIP. While we are proposing to fully approve the rules, the 
TSDs discuss why fee provisions in these rules limit the creditable 
emission reductions from these rules in some CAA planning actions.

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 and SCAQMD rules as described in Table 1 of this 
notice. The EPA has made, and will continue to make, these documents 
available electronically through www.regulations.gov and in hard copy 
at the appropriate EPA office (see the ADDRESSES section of this 
preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations (CAA section 110(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 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 CAA; 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: October 19, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2015-28278 Filed 11-4-15; 8:45 am]
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