[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Proposed Rules]
[Pages 50548-50551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21882]
[[Page 50548]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2018-0602; FRL-9985-14-Region 9]
Air Plan Approval; California; El Dorado County Air Quality
Management District; Reasonably Available Control Technology
Demonstration
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 El Dorado County Air Quality Management
District (EDCAQMD or ``District'') portion of the California State
Implementation Plan (SIP). This revision concerns the District's
demonstration regarding Reasonably Available Control Technology (RACT)
requirements for the 2008 8-hour ozone National Ambient Air Quality
Standard (NAAQS) and negative declarations for several source
categories. We are proposing action on a local SIP revision 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 November 8, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2018-0602 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. 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
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 https://www.epa.gov/dockets/commenting-epa-dockets.
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. 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 submitted document?
II. The EPA's Evaluation and Proposed Action
A. How is the EPA evaluating the submitted document?
B. Does the submitted document meet the evaluation criteria?
C. Public Comment and Proposed Action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What document did the State submit?
On January 3, 2017, the EDCAQMD adopted the ``Reasonably Available
Control Technology (RACT) State Implementation Plan (SIP) Update
Analysis Staff Report'' (``2017 RACT SIP''), and on January 4, 2017,
the California Air Resources Board (CARB) submitted it to the EPA for
approval as a revision to the California SIP. The submittal also
included EDCAQMD's Resolution 002-2017, approving the 2017 RACT SIP.
On January 5, 2017, the EPA determined that the submittal for
EDCAQMD's 2017 RACT SIP 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 document?
There are no previous versions of this document in the EDCAQMD
portion of the California SIP for the 2008 8-hour ozone NAAQS.
C. What is the purpose of the submitted document?
Volatile organic compounds (VOCs) and oxides of nitrogen
(NOX) together produce ground-level ozone, smog, and
particulate matter, which harm human health and the environment.
Section 110(a) of the CAA requires states to submit 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 implement RACT for any source covered by a Control Techniques
Guidelines (CTG) document and for any major source of VOCs or
NOX. The EDCAQMD is subject to this requirement because it
regulates a nonattainment area classified as Severe for the 2008 8-hour
ozone NAAQS. Therefore, the EDCAQMD must, at a minimum, adopt RACT-
level controls for all sources covered by a CTG document and for all
major non-CTG sources of VOCs or NOX within the
nonattainment area that it regulates. Any stationary source that emits
or has the potential to emit at least 25 tons per year (tpy) of VOCs or
NOX is a major stationary source in a Severe ozone
nonattainment area (CAA section 182(d), (f), and 302(j)).
Section III.D of the preamble to the EPA's final rule to implement
the 2008 8-hour ozone NAAQS (80 FR 12264, March 6, 2015) discusses RACT
requirements. It states in part that RACT SIPs must contain adopted
RACT regulations, certifications where appropriate that existing
provisions are RACT, and/or negative declarations that no sources in
the nonattainment area are covered by a specific CTG. Id. at 12278. It
also provides that states must submit appropriate supporting
information for their RACT submissions as described in the EPA's
implementation rule for the 1997 ozone NAAQS. See id. and 70 FR 71612,
71652 (November 29, 2005).
The submitted document provides EDCAQMD's analysis of its
compliance with CAA section 182 RACT requirements for the 2008 8-hour
ozone NAAQS. The EPA's technical support document (TSD) has more
information about the District's submission and the EPA's evaluations
thereof.
II. The EPA's Evaluation and Proposed Action
A. How is the EPA evaluating the submitted document?
SIP rules must require RACT for each category of sources covered by
a CTG document as well as each major source of VOCs or NOX
in ozone nonattainment areas classified as Moderate or above (see CAA
section 182(b)(2)). The EDCAQMD regulates a Serious ozone nonattainment
area (see 40 CFR 81.305) so the District's rules must implement RACT.
States should also submit for SIP approval negative declarations
for those source categories for which they have not adopted CTG-based
regulations (because they have no sources above the CTG-recommended
applicability threshold) regardless of whether such negative
declarations were made for an earlier SIP.\1\ To do so, the submittal
should provide reasonable assurance
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that no sources subject to the CTG requirements currently exist in the
EDCAQMD.
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\1\ 57 FR 13498, 13512 (April 16, 1992).
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The District's analysis must demonstrate that each major source of
VOCs or NOX in the ozone nonattainment area is covered by a
RACT-level rule. In addition, for each CTG source category, the
District must either demonstrate that a RACT-level rule is in place, or
submit a negative declaration. Guidance and policy documents that we
use to evaluate CAA section 182 RACT 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. Memorandum from William T. Harnett to Regional Air Division
Directors, dated May 18, 2006, ``RACT Qs & As--Reasonably Available
Control Technology (RACT) Questions and Answers.''
6. ``Final Rule to Implement the 8-hour Ozone National Ambient Air
Quality Standard -Phase 2,'' 70 FR 71612 (November 29, 2005).
7. ``Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements,'' 80 FR
12264 (March 6, 2015).
B. Does the submitted document meet the evaluation criteria?
EDCAQMD's 2017 RACT SIP provides the District's demonstration that
the applicable SIP for the El Dorado County AQMD satisfies CAA section
182 RACT requirements for the 2008 8-hour ozone NAAQS. This conclusion
is based on the District's analysis of SIP-approved requirements that
apply to: (1) Major non-CTG stationary sources of VOC or NOX
emissions; and (2) CTG source categories.
With respect to major stationary sources, the 2017 RACT SIP states
the District has no major sources of air pollution that emit more than
25 tpy of VOC or NOX. The 2017 RACT SIP further states that
the District's only major source, a biomass boiler, ceased operation in
2009 and the unit was dismantled in 2013. We reviewed CARB's emissions
inventory database and agree with EDCAQMD's statement that there are
currently no major stationary sources of VOC or NOX in the
District.
With respect to CTG source categories, we reviewed EDCAQMD's
evaluation of its rules subject to RACT and we agree that its rules are
generally consistent with the CTGs and recently adopted rules in
neighboring air districts.
Where there are no existing sources covered by a particular CTG
document, or no major non-CTG sources, 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 C of the 2017 RACT SIP lists the District's negative
declarations where it has no sources subject to the applicable CTG for
the 2008 8-hour ozone NAAQS. These negative declarations are re-listed
in Table 1 below. The District concluded that it had no sources subject
to the CTGs based on a review of its permit databases, Standard
Industrial Classification codes, other source data, and its emissions
inventory. In addition, the District concluded that it had no major
non-CTG sources of NOX or VOCs, based on a review of the
District emissions inventory, permit database, internet search,
consultation with District Air Quality Specialists, and personal
knowledge.\2\ The EPA searched CARB's emissions inventory database and
conducted a general search on the internet for businesses in El Dorado
County and also concluded that there do not appear to be facilities in
the ozone nonattainment area that are subject to these CTGs. We believe
that these negative declarations are consistent with the relevant
policy and guidance regarding RACT.
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\2\ 2017 RACT SIP at 3. This conclusion was also stated in the
resolution approving the 2017 RACT SIP. Resolution 002-2017 at 2
(``The Board of Directors of the EDCAQMD has determined in the 2008
RACT SIP Update Analysis that . . . there are no major stationary
sources of VOC or NOX in the District; . . . EDCAQMD has
reviewed its permit database and files and conducted public outreach
and has determined that there [is] . . . no ``major source'' of VOC
or NOX in El Dorado County . . . .'' Although major
sources of NOX and VOCs are not included in the Table C
list of negative declarations in the 2017 RACT SIP, we consider the
unambiguous statements in the 2017 RACT SIP and Resolution 002-2017
that there are no major sources in the District sufficient to
constitute a negative declaration for major NOX and VOC
sources, and have thus included them in Table 1 below.
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Our TSD has more information on our evaluation of the submitted
2017 RACT SIP.
Table 1--EDCAQMD Negative Declarations
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EPA document No. Title
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EPA-450/2-77-008.................. Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume II: Surface Coating
of Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty Trucks.
EPA-450/2-77-022.................. Control of Volatile Organic
Emissions from Solvent Metal
Cleaning.
EPA-450/2-77-025.................. Control of Refinery Vacuum Producing
Systems, Wastewater Separators, and
Process Unit Turnarounds.
EPA-450/2-77-026.................. Control of Hydrocarbons from Tank
Truck Gasoline Loading Terminals.
EPA-450/2-77-032.................. Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume III: Surface
Coating of Metal Furniture.
EPA-450/2-77-033.................. Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume IV: Surface Coating
of Insulation of Magnet Wire.
EPA-450/2-77-034.................. Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume V: Surface Coating
of Large Appliances.
EPA-450/2-77-036.................. Control of Volatile Organic
Emissions from Storage of Petroleum
Liquids in Fixed-Roof Tanks.
EPA-450/2-78-015.................. Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume VI: Surface Coating
of Miscellaneous Metal Parts and
Products.
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-450/2-78-032.................. Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume VII: Factory
Surface Coating of Flat Wood
Paneling.
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EPA-450/2-78-033.................. Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume VIII: Graphic Arts-
Rotogravure and Flexography.
EPA-450/2-78-036.................. Control of Volatile Organic Compound
Leaks from Petroleum Refinery
Equipment.
EPA-450/2-78-047.................. Control of Volatile Organic
Emissions from Petroleum Liquid
Storage in External Floating Roof
Tanks.
EPA-450/3-82-009.................. Control of Volatile Organic Compound
Emissions from Large Petroleum Dry
Cleaners.
EPA-450/3-83-006.................. Control of Volatile Organic Compound
Leaks from Synthetic Organic
Chemical Polymer and Resin
Manufacturing Equipment.
EPA-450/3-83-007.................. Control of Volatile Organic Compound
Equipment Leaks from Natural Gas/
Gasoline Processing Plants.
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.
EPA-453/R-96-007.................. Control of Volatile Organic Compound
Emissions from Wood Furniture
Manufacturing Operations.
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).
EPA-453/R-97-004, 59 FR 29216; 6/ Aerospace MACT and Aerospace (CTG &
06/94. MACT).
EPA-453/R-06-001.................. Control Techniques Guidelines for
Industrial Cleaning Solvents.
EPA-453/R-06-002.................. Control Techniques Guidelines for
Offset Lithographic Printing and
Letterpress Printing.
EPA-453/R-06-003.................. Control Techniques Guidelines for
Flexible Package Printing.
EPA-453/R-06-004.................. Control Techniques Guidelines for
Flat Wood Paneling Coatings.
EPA 453/R-07-003.................. Control Techniques Guidelines for
Paper, Film, and Foil Coatings.
EPA 453/R-07-004.................. Control Techniques Guidelines for
Large Appliance Coatings.
EPA 453/R-07-005.................. Control Techniques Guidelines for
Metal Furniture Coatings.
EPA 453/R-08-003.................. Control Techniques Guidelines for
Miscellaneous Metal and Plastic
Parts Coatings.
EPA 453/R-08-004.................. Control Techniques Guidelines for
Fiberglass Boat Manufacturing
Materials.
EPA 453/R-08-005.................. Control Techniques Guidelines for
Miscellaneous Industrial Adhesives.
EPA 453/R-08-006.................. Control Techniques Guidelines for
Automobile and Light-Duty Truck
Assembly Coatings.
EPA 453/B16-001................... Control Techniques Guidelines for
the Oil and Natural Gas Industry.
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Major non-CTG VOC sources
Major non-CTG NOX sources
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C. Public Comment and Proposed Action
As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the 2017 RACT SIP including the above negative
declarations because they fulfill the RACT SIP requirements under CAA
sections 182(b) and (f) and 40 CFR 51.1112(a) and (b) for the 2008
ozone NAAQS. We will accept comments from the public on this proposal
until November 8, 2018. If we take final action to approve the
submitted documents, our final action will incorporate them 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, 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 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);
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
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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, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 26, 2018.
Michael Stoker,
Regional Administrator, Region IX.
[FR Doc. 2018-21882 Filed 10-5-18; 8:45 am]
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