[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.

[[Page 41009]]

 
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]
 BILLING CODE 6560-50-P