[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)]
[Proposed Rules]
[Pages 42765-42767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19213]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0332; FRL-9967-56-Region 9]


Approval of California Air Plan Revisions, Placer County and 
Ventura County Air Pollution Control Districts

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 Placer County Air Pollution Control District 
(PCAPCD) and Ventura County Air Pollution Control District (VCAPCD) 
portions of the California State Implementation Plan (SIP). These 
revisions concern emissions of oxides of nitrogen (NO<INF>X</INF>) from 
incinerators in the PCAPCD and previously unregulated types of fuel 
burning equipment in the VCAPCD. 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 12, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0332 at http://www.regulations.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

[[Page 42766]]

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 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://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, (415) 972-
3073, <a href="/cdn-cgi/l/email-protection#d592babbb2fb9eb0a3bcbb95b0a5b4fbb2baa3"><span class="__cf_email__" data-cfemail="02456d6c652c4967746b6c426772632c656d74">[email protected]</span></a>.

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?
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 agencies and submitted by the 
California Air Resources Board.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                                    Adopted or
           Local agency                Rule No.              Rule title               amended        Submitted
----------------------------------------------------------------------------------------------------------------
PCAPCD............................             206  Incinerator Burning.........      10/13/2016      01/24/2017
VCAPCD............................           74.34  NOX Reductions from               12/13/2016       2/24/2017
                                                     Miscellaneous Sources.
----------------------------------------------------------------------------------------------------------------

    On April 17, 2017, the EPA determined that the submittal for PCAPCD 
Rule 206 met the completeness criteria in 40 CFR part 51 Appendix V, 
which must be met before formal EPA review. On August 2, 2017, the EPA 
determined that the submittal for VCAPCD Rule 74.34 also met the 
completeness criteria.

B. Are there other versions of these rules?

    We approved an earlier version of PCAPCD Rule 206 into the SIP on 
November 15, 1978 (43 FR 53035) for the portions of the district 
regulating the Mountain Counties Air Basin and Sacramento Valley Air 
Basin. We approved another earlier version of PCAPCD Rule 206 into the 
SIP on August 21, 1979 (46 FR 27115) for the portion of the district 
regulating the Lake Tahoe Air Basin. There are no previous versions of 
VCAPCD Rule 74.34 in the SIP.

C. What is the purpose of the submitted rules?

    NO<INF>X</INF> helps produce ground-level ozone, smog and 
particulate matter, which harm human health and the environment. 
Section 110(a) of the CAA requires states to submit regulations that 
control NO<INF>X</INF> emissions. PCAPCD Rule 206 modernizes the 
requirements and limits for incineration units in Placer County. VCAPCD 
Rule 74.34 establishes emission limits and operational requirements for 
sources of NO<INF>X</INF> that were previously unregulated by a 
prohibitory rule (including kilns, dryers, and ovens) for Ventura 
County. 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 NO<INF>X</INF> in ozone 
nonattainment areas classified as moderate or above (see CAA sections 
182(b)(2) and 182(f)). The PCAPCD regulates an ozone nonattainment area 
classified as ``Severe'' for the 2008 and 1997 8-hour ozone National 
Ambient Air Quality Standards (NAAQS) and the 1-hour ozone NAAQS. The 
VCAPCD regulates an ozone nonattainment area classified as ``Serious'' 
for the 2008 and 1997 8-hour ozone NAAQS and ``Severe'' for the 1-hour 
ozone NAAQS (40 CFR 81.305). Therefore, these rules must implement RACT 
in their respective counties.
    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. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, 
and Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 
11, 1990).
    2. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    3. ``NO<INF>X</INF> Emissions from Industrial/Commercial/
Institutional (ICI) Boilers,'' EPA OAQPS, March 1994, EPA-453/R-94-
022.
    4. ``NO<INF>X</INF> Emissions from Process Heaters,'' EPA OAQPS, 
September 1993, EPA-453/R-93-034 1993/09.
    5. ``Standards of Performance for Commercial and Industrial 
Solid Waste Incineration Units,'' 40 CFR part 60, subpart CCCC.
    6. ``Standards of Performance for Other Solid Waste Incineration 
Units for Which Construction is Commenced After December 9, 2004, or 
for Which Modification or Reconstruction is Commenced on or After 
June 16, 2006,'' 40 CFR part 60, subpart EEEE.

B. Do the rules meet the evaluation criteria?

    VCAPCD Rule 74.34 adopts emission limits, monitoring, 
recordkeeping, and reporting requirements for NO<INF>X</INF> sources 
that were previously unregulated by a SIP-approved rule, resulting in 
an estimated NO<INF>X</INF> reduction of 40 tons per year. PCAPCD Rule 
206 updates control requirements for incinerator units in the county to 
meet SIP requirements to implement RACT. For these reasons, we conclude 
that these rules are consistent

[[Page 42767]]

with CAA requirements and relevant guidance regarding enforceability, 
RACT, and SIP revisions. 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 agencies modify 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 they fulfill all relevant 
requirements. We will accept comments from the public on this proposal 
until October 12, 2017. 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 PCAPCD and VCAPCD 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, the 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:
    <bullet> 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);
    <bullet> does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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, Reporting and 
recordkeeping requirements.

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

    Dated: August 30, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-19213 Filed 9-11-17; 8:45 am]
 BILLING CODE 6560-50-P


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