89024 Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Proposed Rules 

1Table 1 of Rule 217 provides large confined 

animal facility (LCAF) thresholds for each type of 

livestock for which the rule applies. For example, 

the beef feedlot LCAF threshold is 3,500 beef cattle, 

the dairy LCAF threshold is 500 milking cows, and 

the poultry LCAF threshold is 400,000 chickens or 

ducks. 

2For example, the mitigation measure 

requirements for beef feedlots are grouped into the 

following categories: A. Feed, B. Silage, C. Housing, 

D. Solid Manure/Separated Solids, E. Liquid 

Manure and F. Land Application. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2016–0318; FRL–9956–25– 

Region 9] 

Approval of California Air Plan 

Revisions, Imperial County Air 

Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Imperial County Air 

Pollution Control District (ICAPCD) 

portion of the California State 

Implementation Plan (SIP). These 

revisions concern emissions of volatile 

organic compounds (VOCs) and 

particulate matter (PM) from large 

confined animal facilities (LCAFs). 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 

January 9, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2016–0318 at http://

www.regulations.gov, or via email to 

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: 

Nancy Levin, EPA Region IX, (415) 972– 

3848, levin.nancy@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 or 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 proposal 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 No. Rule title Amended Submitted 

ICAPCD ............ 217 Large Confined Animal Facilities (LCAF) Permits Required ........................ 02/09/2016 04/21/2016 

ICAPCD ............ 101 Definitions ..................................................................................................... 02/09/2016 04/21/2016 

ICAPCD ............ 202 Exemptions ................................................................................................... 02/09/2016 04/21/2016 

On May 18, 2016, the EPA determined 

that the submittal for ICAPCD Rules 

217, 101 and 202 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 217 in the SIP, although the 

ICAPCD adopted an earlier version of 

Rule 217 on October 10, 2006, and 

CARB submitted it to us on August 24, 

2007. CARB withdrew this version of 

Rule 217 on May 17, 2011. We approved 

earlier versions of Rules 101 and 202 

into the SIP on October 2, 2014 (79 FR 

59433) and May 9, 2011 (76 FR 26615), 

respectively. While we can act on only 

the most recently submitted version, we 

have reviewed materials provided with 

previous submittals. 

C. What is the purpose of the submitted 

rules or rule revisions? 

VOCs contribute to the production of 

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 VOC emissions. 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), 

contributes 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 

PM emissions. These rules also help to 

control ammonia, which contributes to 

PM formation. 

Rule 217 is designed to limit VOC and 

ammonia emissions from LCAFs, 

including dairies, beef feedlots, poultry 

houses, swine facilities and other 

confined animal facilities. The rule 

applies to operations at or above certain 

size thresholds specified in the rule.1

These operations must obtain an 

ICAPCD permit, submit an emissions 

mitigation plan and implement 

mitigation measures. Rule 217 lists 

mitigation measure requirements for 

each type of LCAF. The measures are 

grouped into categories.2 The LCAF 

owner/operator must implement the 

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Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Proposed Rules 89025 

3For example, Rule 217 Table 2.1 (C. Housing) 

states ‘‘An owner/operator of a beef feedlot CAF 

shall implement mitigation measures 1, 2, 3, and 4 

and at least one (1) additional mitigation measure 

in each of the animal housing structures (e.g., each 

corral, etc.):’’ and lists the mitigation measures 

below, numbered 1–7. 

requirements within each category.3

Rules 101—Definitions, and 202— 

Exemptions, were revised to be 

consistent with the LCAF thresholds for 

dairy cows, chicken and ducks 

established in Rule 217. 

The EPA’s technical support 

document (TSD) has 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 category of 

sources covered by a Control 

Techniques Guidelines (CTG) 

document, and for each non-CTG major 

source of VOCs in ozone nonattainment 

areas classified as moderate or above 

(see CAA section 182(b)(2)). The 

ICAPCD regulates sources in an ozone 

nonattainment area classified as 

moderate for the 1997 and the 2008 8- 

hour ozone standards (40 CFR 81.305). 

Therefore, we are evaluating whether 

this rule implements RACT-level 

controls for this area source category. 

Rules 101 and 202 support the 

requirements in Rule 217 but do not 

contain emission limitations directly, so 

we are not evaluating them for rule 

stringency. 

Generally, SIP rules must also 

implement Reasonably Available 

Control Measures (RACM), including 

RACT, in moderate PM2.5 nonattainment 

areas (see CAA sections 172(c)(1) and 

189(a)(1)(C)). The ICAPCD regulates 

sources in a PM2.5 nonattainment area 

classified as moderate for the 2006 24- 

hour and the 2012 annual standards. (40 

CFR 81.305). RACM evaluations are 

generally performed in context of a 

broader implementation plan. 

Therefore, we are not proposing to 

determine whether this rule fulfills 

RACM requirements at this time, 

although we did evaluate Rule 217 with 

respect to RACT-level controls in the 

TSD. 

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 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). 

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. The TSD has 

more information on our evaluation. 

C. EPA Recommendations To Further 

Improve the Rules 

The TSD describes additional rule 

revisions that we recommend for the 

next time the local agency modifies the 

rules. 

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 

January 9, 2017. 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. 

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 ICAPCD 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 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 

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89026 Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Proposed Rules 

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: November 21, 2016. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2016–29594 Filed 12–8–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2012–0522; FRL–9956–00– 

OAR] 

RIN 2060–AT14 

Phosphoric Acid Manufacturing and 

Phosphate Fertilizer Production Risk 

and Technology Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Reconsideration; proposed rule. 

SUMMARY: This action proposes 

amendments to the National Emission 

Standards for Hazardous Air Pollutants 

(NESHAP) for the Phosphoric Acid 

Manufacturing and Phosphate Fertilizer 

Production source categories. The 

proposed amendments are in response 

to two petitions for reconsideration filed 

by industry stakeholders on the rule 

revisions to NESHAP for the Phosphoric 

Acid Manufacturing and Phosphate 

Fertilizer Production source categories 

that were promulgated on August 19, 

2015 (80 FR 50386) (hereafter the 

‘‘August 2015 Final Rule’’). We are 

proposing to revise the compliance date 

by which affected sources must include 

emissions from oxidation reactors when 

determining compliance with the total 

fluoride (TF) emission limits for 

superphosphoric acid (SPA) process 

lines. We are also proposing to add a 

new option, and clarify an existing 

option, to the monitoring requirements 

for low-energy absorbers. In addition, 

we are proposing to revise the 

compliance date for the monitoring 

requirements for low-energy absorbers. 

DATES: Comments. Comments must be 

received on or before January 23, 2017. 

Public Hearing. If anyone contacts the 

EPA requesting to speak at a public 

hearing by December 14, 2016, we will 

hold a public hearing on December 27, 

2016 on the EPA campus at 109 T.W. 

Alexander Drive, Research Triangle 

Park, North Carolina. 

ADDRESSES: Comments. Submit your 

comments, identified by Docket ID No. 

EPA–HQ–OAR–2012–0522, at http://

www.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, 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. 

Instructions. Direct your comments to 

Docket ID No. EPA–HQ–OAR–2012– 

0522. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be CBI or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http://

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through http://

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, the EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If the EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the EPA may not 

be able to consider your comment. 

Electronic files should not include 

special characters or any form of 

encryption and be free of any defects or 

viruses. For additional information 

about the EPA’s public docket, visit the 

EPA Docket Center homepage at http:// 

www.epa.gov/dockets. 

Docket. The EPA has established a 

docket for this rulemaking under Docket 

ID No. EPA–HQ–OAR–2012–0522. All 

documents in the docket are listed in 

the Regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy. 

Publicly available docket materials are 

available either electronically in 

Regulations.gov or in hard copy at the 

EPA Docket Center, Room 3334, EPA 

WJC West Building, 1301 Constitution 

Avenue NW., Washington, DC. The 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the EPA 

Docket Center is (202) 566–1742. 

Public Hearing. A public hearing will 

be held, if requested by December 14, 

2016, to accept oral comments on this 

proposed action. If a hearing is 

requested, it will be held at the EPA’s 

North Carolina campus located at 109 

T.W. Alexander Drive, Research 

Triangle Park, NC 27711. The hearing, if 

requested, will begin at 10:00 a.m. (local 

time) and will continue until the earlier 

of 5:00 p.m. or 1 hour after the last 

registered speaker has spoken. To 

request a hearing, to register to speak at 

a hearing, or to inquire if a hearing will 

be held, please contact Ms. Pamela 

Garrett at (919) 541–7966 or by email at 

garrett.pamela@epa.gov. The last day to 

pre-register to speak at a hearing, if one 

is held, will be December 22, 2016. 

Additionally, requests to speak will be 

taken the day of the hearing at the 

hearing registration desk, although 

preferences on speaking times may not 

be able to be fulfilled. Please note that 

registration requests received before the 

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