[Federal Register Volume 85, Number 104 (Friday, May 29, 2020)]
[Proposed Rules]
[Pages 32327-32330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11261]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2019-0655; FRL-10009-73-Region 9]
Air Plan Approval; California; San Joaquin Valley Unified Air
Pollution Control District and Feather River 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 or District) and the Feather River Air
Quality Management District (FRAQMD) portions of the California State
Implementation Plan (SIP) under the Clean Air Act (CAA or Act). For the
SJVUAPCD, these revisions concern a rule intended to track information
related to emissions of volatile organic compounds (VOCs) and
particulate matter (PM) from commercial charbroilers, and an
administrative rule for the registration of certain emission units
historically exempted from the SJVUAPCD's permit requirements. We are
proposing to approve into the California SIP amendments to a SJVUAPCD
local rule, which require owners and operators of commercial underfired
charbroilers to submit a one-time information report and which subject
certain underfired charbroilers to registration and weekly
recordkeeping requirements. We are also proposing to approve a SJVUAPCD
rule addressing registration requirements for these and certain other
emission units. For the FRAQMD, these revisions concern a negative
declaration for the Control Techniques Guidelines (CTG) for the Oil and
Natural Gas Industry. We are proposing to approve the negative
declaration into the California SIP. We are taking comments on this
proposal to approve the two SJVUAPCD rules and the FRAQMD negative
declaration. We plan to follow with a final action.
DATES: Any comments must arrive by June 29, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2019-0655 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 the
disclosure of which 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 and multimedia submissions, and
general guidance on
[[Page 32328]]
making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Stanley Tong, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4122 or by
email at [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 documents did the State submit?
B. Are there other versions of these documents?
C. What is the purpose of the submitted rules and negative
declaration?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules and negative declaration?
B. Do the rules and negative declaration 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 documents did the State submit?
Table 1 lists the documents addressed by this proposal with the
dates that they were adopted by the local air agencies and submitted by
the California Air Resources Board (CARB).
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\1\ This submittal was transmitted to the EPA by a letter from
CARB dated April 30, 2020.
\2\ This submittal was transmitted to the EPA by a letter from
CARB dated November 16, 2018.
\3\ This submittal was transmitted to the EPA by a letter from
CARB dated December 2, 2018.
Table 1--Submitted Documents
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Local agency Rule or document Adopted/amended Submitted
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SJVUAPCD............................... Rule 2250--Permit-Exempt Adopted 10/19/2006....... \1\ 4/30/
Equipment Registration. 2020
SJVUAPCD............................... Rule 4692--Commercial Amended 06/21/2018....... \2\ 11/21/
Charbroiling. 2018
FRAQMD................................. Reasonably Available Control Adopted 08/06/2018....... \3\ 12/07/
Technology (RACT) State 2018
Implementation Plan (SIP)
Revision for the South Sutter
County Portion of the
Sacramento Metropolitan
Nonattainment Area for 8-Hour
ozone--Negative Declaration
for Control Techniques
Guidelines for the Oil and
Natural Gas Industry.
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We find that the submittal for SJVUAPCD Rule 2250 meets the
completeness criteria in 40 CFR part 51 Appendix V, which must be met
before formal EPA review. On May 21, 2019, the submittal for SJVUAPCD
Rule 4692 was deemed by operation of law to meet the completeness
criteria in 40 CFR part 51 Appendix V. On June 7, 2019, the submittal
for the FRAQMD negative declaration for the Control Techniques
Guidelines for the Oil and Natural Gas Industry, EPA 453/B-16-001, (Oil
and Natural Gas CTG) was deemed by operation of law to meet the
aforementioned completeness criteria.
B. Are there other versions of these documents?
We approved an earlier version of SJVUAPCD Rule 4692 into the
California SIP on November 3, 2011 (76 FR 68103). There is no previous
version of SJVUAPCD Rule 2250 or the FRAQMD negative declaration for
the Oil and Natural Gas CTG in the California SIP.
C. What is the purpose of the submitted rules and negative declaration?
Emissions of VOCs contribute to the production of ground-level
ozone, smog and PM, which harm human health and the environment.
Emissions of 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),\4\ contribute 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 VOC and PM emissions.
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\4\ PM10 includes particles that have aerodynamic
diameters less than or equal to 10 micrometers ([micro]m),
approximately equal to one-seventh the diameter of human hair.
PM2.5 is a subset of PM10 particles that have
aerodynamic diameters less than or equal to 2.5 [micro]m.
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SJVUAPCD Rule 4692, Commercial Charbroiling, is designed to limit
VOC and PM10 emissions from commercial charbroiling
operations. Rule 4692 requires commercial cooking operations with
chain-driven charbroilers that cook 400 pounds or more of meat per week
to be equipped and operated with a catalytic oxidizer control device to
minimize VOC and PM10 emissions. The rule requires the
catalytic oxidizer to have a control efficiency of at least 83% for
PM10 and at least 86% for VOC emissions. The June 21, 2018
amendments to Rule 4692 expand the rule to require that owners or
operators of commercial cooking operations with underfired charbroilers
submit a one-time report to the SJVUAPCD by January 1, 2019, and that
owners of such operations with underfired charbroilers that cook
quantities of meat above a specified threshold register these units
pursuant to District Rule 2250 and keep weekly records of the total
pounds and type of meat cooked on each such underfired charbroiler. The
SJVUAPCD explains that as a first step to enable the District to
implement a PM control measure for underfired charbroilers ``. . . in a
cost-effective and expeditious manner . . . the District must initiate
registration of affected operations . . . and a one-time information
report from owners and operators of commercial cooking operations with
underfired charbroilers . . .'' \5\
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\5\ Letter dated June 21, 2018, from Seyed Sadredin, Executive
Director, SJVUAPCD, to SJVUAPCD Governing Board, ``RE: ITEM NUMBER
9: ADOPT PROPOSED AMENDMENTS TO DISTRICT RULE 4692 (COMMERCIAL
CHARBROILING).''
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SJVUAPCD Rule 2250, Permit-Exempt Equipment Registration, was
adopted by the District on October 19, 2006, as an alternative to its
traditional permitting process. This rule is intended to apply to
certain internal combustion engines, small boilers, and more recently,
certain underfired charboilers, which have been traditionally exempted
from the District's permit program. Rule 2250 provides the necessary
administrative mechanisms to determine compliance of certain permit-
exempt equipment with applicable rules and regulations. As stated
above, the District's commercial charbroiler rule relies on Rule 2250
for registration requirements. Rule 4692 states that ``[t]he owner of
an underfired charbroiler subject to this rule shall register such
underfired charbroiler pursuant to Rule 2250 (Permit-Exempt Equipment
Registration), in lieu of permitting under the requirements of Rule
2010 (Permits Required).''
CAA section 182(b)(2) requires states to submit SIP revisions to
implement RACT for each category of VOC sources in the nonattainment
area covered by a CTG. On October 27, 2016, (81 FR 74798), the EPA
announced the
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availability of the Oil and Natural Gas CTG. In lieu of adopting local
regulations to implement the CTG, air agencies may adopt a negative
declaration if the nonattainment area has no sources covered by the
2016 Oil and Natural Gas CTG.\6\ The FRAQMD's negative declaration
submittal is its certification that there are no sources covered by the
2016 Oil and Natural Gas CTG in the south Sutter County portion of the
Sacramento Metropolitan ozone nonattainment area.\7\
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\6\ Memorandum dated October 20, 2016, from Anna Marie Wood,
Director, Air Quality Policy Division, U.S. EPA, to Regional Air
Division Directors 1-10, Subject: ``Implementing Reasonably
Available Control Technology Requirements for Sources Covered by the
2016 Control Techniques Guidelines for the Oil and Natural Gas
Industry,'' Question #8.
\7\ The Feather River AQMD is subject CAA section 182(b)(2) RACT
because its jurisdiction includes Sutter County, the southern
portion of which is in an ozone nonattainment area that is
classified as Severe nonattainment for the 2008 ozone NAAQS.
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The EPA's technical support documents (TSDs) for this action have
more information about SJVUAPCD Rules 2250 and 4692, the FRAQMD's
negative declaration, and the EPA's evaluation thereof.
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules and negative declaration?
Generally, CAA section 110(a)(2)(A) requires SIPs to ``include
enforceable emission limitations and other control measures, means, or
techniques . . . as may be necessary or appropriate to meet the
applicable requirements of [the CAA],'' and SIPs must be consistent
with the requirements of CAA sections 110(l) and 193.
SIPs must also require RACT for each category of sources covered by
a CTG document as well as each major source in ozone nonattainment
areas classified as Moderate or above (see CAA sections 182(b)(2) and
(f)).\8\ States relying on negative declarations for CTG source
categories for which the states have not adopted CTG-based regulations
because they have no sources above the CTG-recommended applicability
threshold must submit them for SIP approval, regardless of whether such
negative declarations were made for an earlier SIP.\9\ To do so, the
submittal should provide reasonable assurance that no sources subject
to the CTG's requirements currently exist in the relevant ozone
nonattainment area.
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\8\ The specific ozone RACT requirement in CAA section 182(b)(2)
does not apply to Rule 4692 because there are no CTG documents for
this source category and no major sources of ozone precursors
subject to this rule in the SJV area. Nor does the CAA section
182(b)(2) RACT requirement apply to Rule 2250, which is largely an
administrative rule, the purpose of which is to provide the District
with a mechanism to determine compliance with other District
regulations by certain emission units historically exempted from the
District's permit requirements.
\9\ 57 FR 13498, 13512 (April 16, 1992).
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Guidance and policy documents that we used 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. EPA Office of Air Quality Planning and Standards, ``Issues
Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,''
May 25, 1988, (the Bluebook, revised January 11, 1990).
3. EPA Region IX, ``Guidance Document for Correcting Common VOC &
Other Rule Deficiencies,'' August 21, 2001 (the Little Bluebook).
4. ``State Implementation Plans for Serious PM-10 Nonattainment
Areas, and Attainment Date Waivers for PM-10 Nonattainment Areas
Generally; Addendum to the General Preamble for the Implementation of
Title I of the Clean Air Act Amendments of 1990,'' 59 FR 41998 (August
16, 1994).
5. EPA 453/B-16-001, Control Techniques Guidelines for the Oil and
Natural Gas Industry.
B. Do the rules and negative declaration meet the evaluation criteria?
SJVUAPCD Rule 2250 is largely an administrative rule. We find that
the rule requirements and applicability are sufficiently clear to
ensure that affected sources and regulators can evaluate and determine
compliance with Rule 2250 consistently. Currently, the registration
requirements in Rule 2250 appear to serve simply as a means to ensure
the enforceability of certain requirements imposed by other District
rules for emission units historically exempted from District permit
requirements, and there are no emission control requirements contained
in Rule 2250. We find that Rule 2250 does not relax the SJVUAPCD's SIP-
approved permit program, meets the applicable CAA requirements and
guidance regarding enforceability and SIP revisions, and is approvable
as a SIP-strengthening action. Our TSD for Rule 2250 has more
information concerning our evaluation of the rule.
As discussed above, the 2018 amendments to SJVUAPCD Rule 4692 are
largely administrative. The rule amendments require owners or operators
of commercial cooking operations with underfired charbroilers to submit
a one-time information report, and require owners of underfired
charbroilers subject to the rule to register their units under Rule
2250 and to comply with certain weekly recordkeeping requirements. We
believe Rule 4692 meets the applicable CAA requirements and guidance
regarding enforceability and SIP revisions. Our TSD for Rule 4692 has
more information on our evaluation of the rule.
With respect to the FRAQMD's negative declaration for the Oil and
Natural Gas CTG, the FRAQMD's submittal contains the FRAQMD's
certification that it has no sources in the south Sutter County portion
of the Sacramento Metropolitan ozone nonattainment area subject to the
Oil and Natural Gas CTG for the 2008 8-hour ozone NAAQS. The FRAQMD
based its certification on a review of its permit files, a search of
California's Division of Oil, Gas & Geothermal Resources (DOGGR) Well
Finder website, and correspondence with current permit holders for
natural gas production facilities. We accessed the DOGGR website,
CARB's pollution mapping tool, and a map of the California Natural Gas
Pipelines and did not find indications of operations that would be
subject to the Oil and Natural Gas CTG in the south Sutter County ozone
nonattainment area. Based on our review, we agree with the FRAQMD's
negative declaration for the Oil and Natural Gas CTG. Our TSD for the
FRAQMD negative declaration has 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 SJVUAPCD Rules 2250 and 4692, and the
FRAQMD negative declaration for the Oil and Natural Gas CTG, because
they fulfill the relevant requirements in CAA sections 110(a), 110(l),
182(b)(2), and 193. We will accept comments from the public on this
proposal until [Insert date 30 days after date of publication in the
Federal Register]. If we take final action to approve the submitted
documents, our final action will incorporate these documents 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
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the SJVUAPCD rules described in Table 1 of this preamble. The EPA has
made, and will continue to make, these materials available through
https://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 CAA, 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 CAA. 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 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, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 18, 2020.
John Busterud,
Regional Administrator, Region IX.
[FR Doc. 2020-11261 Filed 5-28-20; 8:45 am]
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