[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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