[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Proposed Rules]
[Pages 14496-14498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05056]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0034; FRL-9958-93-Region 9]


Approval of California Air Plan Revisions, San Joaquin Valley 
Unified 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 a revision to the San Joaquin Valley Unified Air Pollution 
Control District (SJVUAPCD) portion of the California State 
Implementation Plan (SIP). This revision concerns emissions of oxides 
of nitrogen (NOX) and particulate matter (PM) from boilers, 
steam generators, and process heaters. We are proposing to approve 
revisions to a local rule 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 April 20, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0034 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

[[Page 14497]]

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].

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

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule revision?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. EPA recommendations to further improve the rule
    D. Public comment and proposed action
III. Incorporation by reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule addressed by this proposal with the dates 
that it was adopted by the local air agency and submitted by the 
California Air Resources Board (CARB).

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
          Local agency             Rule number              Rule title                Amended        Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD.......................            4307  Boilers, Steam Generators, and         04/21/16        08/22/16
                                                  Process Heaters- 2.0 MMBtu/hr
                                                  to 5.0 MMBtu/hr.
----------------------------------------------------------------------------------------------------------------

    On September 27, 2016, the EPA determined that the submittal for 
SJVUAPCD Rule 4307 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 this rule?

    We approved an earlier version of Rule 4307 into the SIP on 
February 12, 2015 (80 FR 7803). The SJVUAPCD adopted revisions to the 
SIP-approved version on April 21, 2016 and CARB submitted them to us on 
August 22, 2016.

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

    NOX helps produce ground-level ozone, smog and 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. Section 110(a) of the CAA requires states to 
submit regulations that control NOX and PM emissions. Rule 
4307 contains emission limitations for NOX and PM. It has 
been revised to require tree nut pasteurizers to be fired using Public 
Utility Commission quality natural gas or Liquefied Petroleum Gas 
(LPG). The EPA's technical support document (TSD) has more information 
about this rule.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule?

    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).
    Generally, 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 SJVUAPCD regulates an ozone nonattainment 
area classified as extreme nonattainment for the 8-hour 1997 and 2008 
ozone standards (40 CFR 81.305). Therefore, this rule must implement 
RACT. Additionally, SIP rules 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 SJVUAPCD regulates a PM2.5 nonattainment 
area classified as serious nonattainment for the 24-hour 
PM2.5 standard (40 CFR 81.305). A BACM and BACT evaluation 
is generally performed in the context of a broader plan.
    Guidance and policy documents that we use to evaluate 
enforceability, revision/relaxation and rule stringency requirements 
for the applicable criteria pollutants 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. ``Alternative Control Techniques Document- NOX 
Emissions from Industrial/Commercial/Institutional (ICI) Boilers'' 
(EPA-453/R-94-022-1994/03, March 1994).
    6. ``Determination of Reasonably Available Control Technology 
and Best Available Retrofit Control Technology for Industrial, 
Institutional, and Commercial Boilers, Steam Generators, and Process 
Heaters,'' (CARB, July 18, 1991).

B. Does the rule meet the evaluation criteria?

    We believe this rule is consistent with CAA requirements and 
relevant guidance regarding enforceability, RACT, and SIP revisions. 
The rule is expanding the exemption for tree-nut pasteurizers to 
include those fueled on LPG. However, the increased emissions from 
these sources will be negligible. The TSD has more information on our 
evaluation.

C. EPA Recommendations to Further Improve the Rule

    The TSD describes additional rule revisions that we recommend for 
the next time the local agency modifies the rule.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted rule because we

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believe it fulfills all relevant requirements. We will accept comments 
from the public on this proposal until April 20, 2017. If we take final 
action to approve the submitted rule, our final action will incorporate 
this rule 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 SJVUAPCD rule 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 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 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: January 13, 2017.
Alexis Strauss,
Regional Administrator, Region IX.
[FR Doc. 2017-05056 Filed 3-20-17; 8:45 am]
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