63732 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Proposed Rules 

impractical for the purpose of port 

security, safety, or environmental safety. 

Dated: September 12, 2016. 

A.J. Gould, 

Captain, U.S. Coast Guard, Acting 

Commander, Seventh Coast Guard District. 

[FR Doc. 2016–22280 Filed 9–15–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2016–0444; FRL–9952–48– 

Region 9] 

Approval of California Air Plan 

Revisions, South Coast Air Quality 

Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the South Coast Air Quality 

Management District (SCAQMD) portion 

of the California State Implementation 

Plan (SIP). These revisions concern 

emissions of oxides of nitrogen (NOX) 

from ovens, dryers, dehydrators, 

heaters, kilns, calciners, furnaces, 

crematories, incinerators, heated pots, 

cookers, roasters, smokers, fryers, closed 

and open heated tanks and evaporators, 

distillation units, afterburners, 

degassing units, vapor incinerators, 

catalytic or thermal oxidizers, soil and 

water remediation units, and other 

combustion equipment. We are 

proposing to approve local rules 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 

October 17, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2016–0444 at http://

www.regulations.gov, or via email to 

Andrew Steckel, Rulemaking Office 

Chief at steckel.andrew@epa.gov. 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 

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, law.nicole@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rules and rule revisions? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. EPA Recommendations to Further 

Improve the Rules 

D. Public Comment and Proposed Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules addressed by 

this action with the dates that they were 

adopted by the local air agency and 

submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULES

Local agency Rule # Rule title Adopted/ 

amended Submitted 

SCAQMD ........... 1147 NOX Reductions from Miscellaneous Sources ............................................ 09/09/2011 02/06/2013 

SCAQMD ........... 1153.1 Emissions of Oxides of Nitrogen from Commercial Food Ovens ............... 09/07/2014 04/07/2015 

On April 9, 2013 and April 30, 2015, 

the EPA determined that the submittals 

for SCAQMD Rule 1147 and SCAQMD 

Rule 1153.1 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 these 

rules? 

There are no previous versions of 

Rule 1153.1. We approved an earlier 

version of Rule 1147 into the SIP on 

August 4, 2010 (75 FR 46845). 

C. What is the purpose of the submitted 

rules and rule revisions? 

NOX helps produce ground-level 

ozone, smog and PM, which harm 

human health and the environment. 

Section 110(a) of the CAA requires 

States to submit regulations that control 

NOX emissions. The revisions made to 

SCAQMD Rule 1147 are administrative 

amendments that delay compliance 

dates. SCAQMD Rule 1153.1 is a new 

rule that carves out the category of 

commercial food ovens from Rule 1147. 

Rule 1153.1 delays compliance and 

contains different NOX emission limits 

than were required under rule 1147. The 

EPA’s technical support documents 

(TSDs) have more information about 

these rules. 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rules? 

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 SCAQMD regulates an ozone 

nonattainment area classified as extreme 

for the 1-hour ozone standard, the 8- 

hour 1997 ozone standard, and the 8- 

hour 2008 ozone standard (40 CFR 


Lhorne on DSK30JT082PROD with PROPOSALS
Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Proposed Rules 63733 

81.305). Therefore, these rules 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 SCAQMD regulates a PM2.5

nonattainment area classified as serious 

for the 2006 24-hr PM2.5 standard. (40 

CFR 81.305.) Therefore, although these 

rules must implement BACM and 

BACT, the BACM and BACT evaluation 

is generally performed in context of a 

broader plan and is not part of this rule 

evaluation. 

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. ‘‘NOX Emissions from Industrial/ 

Commercial/Institutional (ICI) Boilers,’’ 

EPA, March 1994, (EPA–453/R–94–022, 

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. Do the rules meet the evaluation 

criteria? 

We believe these rules are consistent 

with CAA requirements and relevant 

guidance regarding enforceability, 

RACT and SIP revisions. SCAQMD 

previously adopted stringent futureeffective emission limits that had not 

been widely implemented for all 

affected sources. SCAQMD intended to 

encourage wider adoption of lowemitting technology, but understood 

that some sources might not be able to 

comply on schedule for these and 

similar future-effective limits in other 

rules. As a result, SCAQMD did not take 

credit for (‘‘set aside’’) some emission 

reductions in certain attainment 

demonstrations. SCAQMD subsequently 

determined that some sources cannot 

comply with Rules 1147 and 1153.1 on 

schedule despite reasonable efforts and 

therefore delayed certain compliance 

dates. We do not believe that these 

changes impact the 2015 

impracticability demonstration for the 

2006 NAAQS for PM2.5, the 2022 

attainment demonstration for 1-hour 

ozone, or the 2023 attainment 

demonstration for the 1997 8-hour 

ozone standard because the forgone 

emission reductions are less than a one 

ton per day set aside by SCAQMD in 

their 2014 inventory used to model 

attainment and beyond 2020 there are 

no emissions forgone due to the rule 

amendments. The TSDs have more 

information on our evaluation. 

C. EPA Recommendations to Further 

Improve the Rules 

The TSDs describe additional rule 

revisions that we recommend for the 

next time the local agency modifies the 

rules but are not currently the basis for 

rule disapproval. 

D. Public Comment and Proposed 

Action 

As authorized in section 110(k)(3) of 

the Act, the EPA proposes to fully 

approve the submitted rules because we 

believe they fulfill all relevant 

requirements. We will accept comments 

from the public on this proposal until 

October 17, 2016. If we take final action 

to approve the submitted rules, our final 

action will incorporate these rules 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 SCAQMD rules 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, 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 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, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements. 

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


Lhorne on DSK30JT082PROD with PROPOSALS
63734 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Proposed Rules 

Dated: August 24, 2016. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2016–22388 Filed 9–15–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2016–0473; FRL–9952–29– 

Region 4] 

Air Plan Approval; Alabama: Volatile 

Organic Compounds 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

portion of a revision to the Alabama 

State Implementation Plan submitted by 

the Alabama Department of 

Environmental Management on May 8, 

2013. The revision modifies the 

definition of ‘‘volatile organic 

compounds’’ (VOC). Specifically, the 

revision adds one compound to the list 

of those excluded from the VOC 

definition on the basis that this 

compound makes a negligible 

contribution to tropospheric ozone 

formation. This action is being taken 

pursuant to the Clean Air Act. 

DATES: Written comments must be 

received on or before October 17, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2016–0473 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

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. 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, 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: 

Sean Lakeman, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Mr. 

Lakeman can be reached by phone at 

(404) 562–9043 or via electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Rules and Regulations section of this 

Federal Register, EPA is approving the 

State’s implementation plan revision as 

a direct final rule without prior proposal 

because the Agency views this as a 

noncontroversial submittal and 

anticipates no adverse comments. A 

detailed rationale for the approval is set 

forth in the direct final rule. If no 

adverse comments are received in 

response to this rule, no further activity 

is contemplated. If EPA receives adverse 

comments, the direct final rule will be 

withdrawn and all public comments 

received will be addressed in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period on this 

document. Any parties interested in 

commenting on this document should 

do so at this time. 

Dated: September 2, 2016. 

V. Anne Heard, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2016–22218 Filed 9–15–16; 8:45 am] 

BILLING CODE 6560–50–P 


Lhorne on DSK30JT082PROD with PROPOSALS