68484 Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Proposed Rules 

• 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; 

• Does not provide 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); and 

• Is not approved to apply on any 

Indian reservation land or in any other 

area where EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the proposed 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, Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

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

Dated: October 27, 2015. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2015–28277 Filed 11–4–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0456; FRL–9936–56– 

Region 4] 

Air Plan Approval; TN; Knox County 

Emissions Statements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

changes to the Tennessee state 

implementation plan (SIP) submitted by 

the State of Tennessee, through the 

Tennessee Department of Environment 

and Conservation on behalf of the Knox 

County Department of Air Quality 

Management (County Department), on 

March 14, 2014, and May 14, 2015, that 

require certain sources in Knox County, 

Tennessee, to report actual emissions of 

volatile organic compounds and oxides 

of nitrogen to the County Department 

annually. These changes amend the 

Knox County Air Quality Management 

Regulations in the Knox County portion 

of the Tennessee SIP to reflect the State 

of Tennessee’s SIP-approved emissions 

statement requirements for Knox 

County. This proposed action is being 

taken pursuant to the Clean Air Act and 

its implementing regulations. 

DATES: Comments must be received on 

or before December 7, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2015–0456 by one of the following 

methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4–ARMS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2015– 

0456’’, Air Regulatory Management 

Section (formerly Regulatory 

Development 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. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Chief, 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. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Tiereny Bell, 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. Ms. Bell 

can be reached at (404) 562–9088 and 

via electronic mail at 

bell.tiereny@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

additional information, see the direct 

final rule which is published in the 

Rules and Regulations section of this 

Federal Register. A detailed rationale 

for the approval is set forth in the direct 

final rule and incorporated by reference 

herein. 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 

adverse 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: October 20, 2015. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

[FR Doc. 2015–28106 Filed 11–4–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0552; FRL–9936–70– 

Region 9] 

Approval of California Air Plan 

Revisions, San Joaquin Valley Unified 

Air Pollution Control District and 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 San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) and South Coast Air 

Quality Management District 

(SCAQMD) portions of the California 

State Implementation Plan (SIP). These 

revisions concern emissions of oxides of 

nitrogen (NOX) from fan-driven natural 

gas-fired central furnaces for residences 

and businesses. 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 

December 7, 2015. 

ADDRESSES: Submit comments, 

identified by docket ID number EPA– 

R09–OAR–2015–0552, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 


jstallworth on DSK7TPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Proposed Rules 68485 

Instructions: Once submitted, 

comments cannot be edited or 

withdrawn. 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. If you need to 

include CBI as part of your comment, 

please visit http://www.epa.gov/

dockets/comments.html for further 

instructions. 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. For the full EPA public comment 

policy and general guidance on making 

effective comments, please visit http:// 

www.epa.gov/dockets/comments.html. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov or 

in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While all documents in the 

docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., CBI). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Gong, EPA Region IX, (415) 942 

3073, Gong.Kevin@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 

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. 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 proposal with the dates that they 

were adopted by the local air agency/

agencies and submitted by the 

California Air Resources Board. 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Amended Submitted 

SJVUAPCD ............................. 4905 Natural-Gas-Fired, Fan-Type Central Furnaces .................... 01/22/15 04/07/15 

SCAQMD ................................ 1111 Reduction of NOX Emissions From Natural-Gas-Fired, FanType Central Furnaces.09/05/14 04/07/15 

On April 30, 2015, the EPA 

determined that the submittal for 

SJVUAPCD 4905 and SCAQMD 1111 

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? 

We approved a previous version of 

Rule 4905 into the SIP on May 30, 2007 

in 72 FR 29886 and a previous version 

of Rule 1111 August 4, 2010 in 75 FR 

46845. 

C. What is the purpose of the submitted 

rule revisions? 

NOX helps produce ground-level 

ozone, smog and fine particulate matter 

(PM2.5), which harm human health and 

the environment. Section 110(a) of the 

CAA requires States to submit 

regulations that control NOX emissions. 

SJVUAPCD Rule 4905 and SCAQMD 

Rule 1111 are point-of-sale rules for fandriven natural gas-fired furnaces. The 

most recent revisions to Rule 4905 

reduced the emission limits for various 

furnace types to the same limits set in 

the SIP-approved version of Rule 1111. 

The most recent revisions to Rule 1111 

briefly extended the compliance 

deadline for one type of furnace. The 

revisions to both Rule 4905 and Rule 

1111 also added a fee option for 

manufacturers of furnaces who produce 

and sell furnaces not meeting the new 

limits within the first three years of 

compliance. 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). 

The SIP must implement all 

reasonably available control measures 

(RACM), including such reductions in 

emissions from existing sources in the 

area as may be obtained through the 

adoption, at a minimum, of reasonably 

available control technology (RACT), as 

expeditiously as practicable, in ozone 

nonattainment areas classified Moderate 

and above (see CAA section 172(c)(1), 

40 CFR 51.912(d) and 51.1112(c)). In 

addition, the SIP must require RACT for 

all major sources of NOX in ozone 

nonattainment areas classified as 

Moderate or above (see CAA section 

182(b)(2) and (f); 40 CFR 51.912(a) and 

51.1112(a)(1)). SJVUAPCD and 

SCAQMD both regulate ozone 

nonattainment areas classified as 

Extreme for the 1997 and 2008 8-hour 

standards (40 CFR 81.305). SJVUAPCD 

Rule 4905 and SCAQMD Rule 1111 

regulate area sources that are too small 

to exceed the major source threshold of 

10 tons per year for Extreme ozone 

nonattainment areas and are therefore 

not subject to major source ozone RACT 

requirements under CAA section 

182(b)(2) and (f). Nonetheless, the SIP 

must implement all RACM/RACT for 

NOX necessary to demonstrate 

attainment as expeditiously as 

practicable and to meet any reasonable 

further progress (RFP) requirements (see 

CAA section 172(c)(1), 40 CFR 51.912(d) 

and 51.1112(c)). A RACM/RACT 

evaluation is generally performed in 

context of a broader plan. 

The SIP must also implement RACM, 

including RACT, as expeditiously as 

possible in PM2.5 nonattainment areas 

classified as Moderate (see CAA 

sections 172(c)(1) and 189(a)(1)(C)). 

SJVUAPCD and SCAQMD both regulate 

PM2.5 nonattainment areas classified as 

Moderate for the 2006 24-hour PM2.5

standard (40 CFR 81.305). A RACM/ 

RACT evaluation is generally performed 

in context of a broader plan. 

SIP rules must implement Best 

Available Control Measures (BACM), 

including Best Available Control 


jstallworth on DSK7TPTVN1PROD with PROPOSALS
68486 Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Proposed Rules 

Technology (BACT), in PM2.5

nonattainment areas classified as 

Serious or above (see CAA section 

189(b)(1)(B)). SJVUAPCD regulates a 

PM2.5 nonattainment area classified as 

Serious for the 1997 PM2.5 standard (40 

CFR 81.305). A BACM/BACT evaluation 

is generally performed in context of a 

broader plan. 

Guidance and policy documents that 

we use to evaluate enforceability, 

revision/relaxation and rule stringency 

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. ‘‘Improving Air Quality with 

Economic Incentive Programs,’’ EPA, 

January 2001 (EPA–452/R–01–001). 

B. Do the rules meet the evaluation 

criteria? 

We believe these rules are consistent 

with CAA requirements and relevant 

guidance regarding enforceability, 

stringency and SIP revisions. The TSDs 

have 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 rules because we 

believe they fulfills all relevant 

requirements. We will accept comments 

from the public on this proposal until 

December 7, 2015. Unless we receive 

convincing new information during the 

comment period, we intend to publish 

a final approval action that will 

incorporate these rules into the federally 

enforceable SIP. While we are proposing 

to fully approve the rules, the TSDs 

discuss why fee provisions in these 

rules limit the creditable emission 

reductions from these rules in some 

CAA planning actions. 

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 SJVUAPCD and SCAQMD rules as 

described in Table 1 of this notice. The 

EPA has made, and will continue to 

make, these documents available 

electronically through 

www.regulations.gov and in hard copy 

at the appropriate EPA office (see the 

ADDRESSES 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 

(CAA section 110(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 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 CAA; 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, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements. 

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

Dated: October 19, 2015. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2015–28278 Filed 11–4–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0673; FRL–9936–69– 

Region 9] 

Partial Approval and Disapproval of 

Nevada Air Plan Revisions, Clark 

County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing a partial 

approval and partial disapproval of 

revisions to the Clark County portion of 

the Nevada State Implementation Plan 

(SIP). These revisions concern volatile 

organic compounds (VOCs), oxides of 

sulfur (SOX), and particulate matter 

(PM) emissions. We are proposing 

action on rescissions of local rules that 

regulate these pollutants 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 

December 7, 2015. 


jstallworth on DSK7TPTVN1PROD with PROPOSALS