Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District, 52623-52624 [2011-21368]

Download as PDF Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Proposed Rules H. Executive Order 13211, Actions That Significantly Affect Energy Supply, Distribution, or Use This rule is not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) Section 12 of the NTTAA of 1995 requires Federal agencies to evaluate existing technical standards when developing a new regulation. To comply with NTTAA, EPA must consider and use ‘‘voluntary consensus standards’’ (VCS) if available and applicable when developing programs and policies unless doing so would be inconsistent with applicable law or otherwise impractical. EPA believes that VCS are inapplicable to this action. Today’s action does not require the public to perform activities conducive to the use of VCS. List of Subjects in 40 CFR Part 52 Air pollution control, Environmental protection, Intergovernmental relations, Nitrogen oxides, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: August 15, 2011. Karl Brooks, Regional Administrator, Region 7. [FR Doc. 2011–21567 Filed 8–22–11; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2011–0601; FRL–9453–1] Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: EPA is proposing to approve revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC), oxides of nitrogen (NOx), and particulate matter (PM) emissions from flares. We are approving a local rule that regulates these emission sources under the Clean Air Act as amended in 1990 (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 September 22, 2011. ADDRESSES: Submit comments, identified by docket number EPA–R09– OAR–2011–0601, by one of the following methods: 1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-line instructions. 2. E-mail: 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. Instructions: All comments will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through www.regulations.gov or e-mail. www.regulations.gov is an ‘‘anonymous SUMMARY: 52623 access’’ system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send e-mail directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Docket: Generally, documents in the docket for this action are available electronically at www.regulations.gov and 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: Nicole Law, EPA Region IX, (415) 947– 4126, Law.Nicole@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to EPA. Table of Contents I. The State’s Submittal A. What rule did the State submit? B. Are there other versions of this rule? C. What is the purpose of the submitted rule revisions? II. EPA’s Evaluation and Action A. How is EPA evaluating the rule? B. Does the rule meet the evaluation criteria? C. EPA Recommendations To Further Improve the Rule D. Public Comment and Final Action III. Statutory and Executive Order Reviews I. The State’s Submittal A. What rule did the State submit? Table 1 lists the rule addressed by this proposal with the date that it was amended by the local air agency and submitted by the California Air Resources Board. srobinson on DSK4SPTVN1PROD with PROPOSALS TABLE 1—SUBMITTED RULES Local agency Rule No. SJVUAPCD ............................. 4311 On February 4, 2010, EPA determined that the submittal for SJVUAPCD Rule 4311 met the completeness criteria in 40 VerDate Mar<15>2010 16:06 Aug 22, 2011 Jkt 223001 Rule title Amended Flares ...................................................................................... CFR Part 51 Appendix V, which must be met before formal EPA review. PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 06/18/09 Submitted 01/10/10 B. Are there other versions of this rule? We approved an earlier version of Rule 4311 into the SIP on February 26, E:\FR\FM\23AUP1.SGM 23AUP1 52624 Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Proposed Rules 2003 (68 FR 8835). The SJVUAPCD amended revisions to the SIP-approved version on June 15, 2006 and June 18, 2009 and CARB submitted them to us on December 29, 2006 and January 10, 2010. 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 rule revisions? VOCs and NOX help produce groundlevel ozone and smog, which harm human health and the environment. PM 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 VOC, NOX, and PM emissions. SJVUAPCD Rule 4311 minimizes flaring events by requiring flare minimization plans (FMPs), monitoring of flare activity and emissions, and related recordkeeping. EPA’s technical support document (TSD) has more information about this rule. II. EPA’s Evaluation and Action srobinson on DSK4SPTVN1PROD with PROPOSALS A. How is EPA evaluating the rule? Generally, SIP rules must be enforceable (see section 110(a) of the Act), must require Reasonably Available Control Technology (RACT) for each category of sources covered by a Control Techniques Guidelines (CTG) document as well as each major source in nonattainment areas (see sections 182(a)(2) and (b)(2)), must not interfere with any applicable requirements concerning attainment and reasonable further progress (RFP), and must not relax existing requirements (see sections 110(l) and 193). Section 172(c)(1) of the Act also requires implementation of all reasonably available control measures (RACM) as expeditiously as practicable in nonattainment areas. The SJVUAPCD regulates an ozone nonattainment area (see 40 CFR part 81), so Rule 4311 must fulfill RACT. Additionally, the RACM requirement in CAA section 172(c)(1) applies to this area. Guidance and policy documents that we use to evaluate enforceability and RACT and RACM requirements consistently include the following: 1. ‘‘Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,’’ EPA, May 25, 1988 (the Bluebook). 2. ‘‘Guidance Document for Correcting Common VOC & Other Rule VerDate Mar<15>2010 16:06 Aug 22, 2011 Jkt 223001 Deficiencies,’’ EPA Region 9, August 21, 2001 (the Little Bluebook). 3. Portions of the proposed post-1987 ozone and carbon monoxide policy that concern RACT, 52 FR 45044, November 24, 1987. 4. ‘‘State Implementation Plans, General Preamble for the Implementation of Title I of the Clean Air Amendments of 1990’’ 57 FR 13498, April 16, 1992. 5. ‘‘Preamble, Final Rule to Implement the 8-Hour Ozone National Ambient Air Quality Standard’’ 70 FR 71612; Nov. 29, 2005. 6. Letter from William T. Hartnett to Regional Air Division Directors, ‘‘RACT Qs & As—Reasonable Available Control Technology (RACT) Questions and Answers,’’ May 18, 2006. B. Does the rule meet the evaluation criteria? We believe this rule is consistent with the relevant policy and guidance regarding enforceability, RACT, and SIP relaxations. The TSD has more information on our evaluation. C. EPA Recommendations To Further Improve the Rule The TSD describes additional rule revisions that we recommend for the next time the local agency modifies the rule but are not currently the basis for rule disapproval. D. Public Comment and Final Action Because EPA believes the submitted rule fulfills all relevant requirements, we are proposing to fully approve it as described in section 110(k)(3) of the Act. We will accept comments from the public on this proposal for the next 30 days. Unless we receive convincing new information during the comment period, we intend to publish a final approval action that will incorporate this rule into the federally enforceable SIP. III. 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 action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office PO 00000 Frm 00044 Fmt 4702 Sfmt 9990 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, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: August 8, 2011. Jared Blumenfeld, Regional Administrator, Region IX. [FR Doc. 2011–21368 Filed 8–22–11; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\23AUP1.SGM 23AUP1

Agencies

[Federal Register Volume 76, Number 163 (Tuesday, August 23, 2011)]
[Proposed Rules]
[Pages 52623-52624]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21368]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0601; FRL-9453-1]


Revisions to the California State Implementation Plan, San 
Joaquin Valley Unified Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to approve revisions to the San Joaquin 
Valley Unified Air Pollution Control District (SJVUAPCD) portion of the 
California State Implementation Plan (SIP). These revisions concern 
volatile organic compound (VOC), oxides of nitrogen (NOx), 
and particulate matter (PM) emissions from flares. We are approving a 
local rule that regulates these emission sources under the Clean Air 
Act as amended in 1990 (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 September 22, 2011.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2011-0601, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. E-mail: 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.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at www.regulations.gov, 
including any personal information provided, unless the comment 
includes Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Information that you 
consider CBI or otherwise protected should be clearly identified as 
such and should not be submitted through www.regulations.gov or e-mail. 
www.regulations.gov is an ``anonymous access'' system, and EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send e-mail directly to EPA, your e-mail 
address will be automatically captured and included as part of the 
public comment. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment.
    Docket: Generally, documents in the docket for this action are 
available electronically at www.regulations.gov and 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: Nicole Law, EPA Region IX, (415) 947-
4126, Law.Nicole@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Rule
    D. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule addressed by this proposal with the date 
that it was amended by the local air agency and submitted by the 
California Air Resources Board.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
            Local agency                Rule No.              Rule title              Amended        Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD...........................            4311  Flares.....................        06/18/09        01/10/10
----------------------------------------------------------------------------------------------------------------

    On February 4, 2010, EPA determined that the submittal for SJVUAPCD 
Rule 4311 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 this rule?

    We approved an earlier version of Rule 4311 into the SIP on 
February 26,

[[Page 52624]]

2003 (68 FR 8835). The SJVUAPCD amended revisions to the SIP-approved 
version on June 15, 2006 and June 18, 2009 and CARB submitted them to 
us on December 29, 2006 and January 10, 2010. 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 rule revisions?

    VOCs and NOX help produce ground-level ozone and smog, 
which harm human health and the environment. PM 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 VOC, NOX, and PM emissions. 
SJVUAPCD Rule 4311 minimizes flaring events by requiring flare 
minimization plans (FMPs), monitoring of flare activity and emissions, 
and related recordkeeping. EPA's technical support document (TSD) has 
more information about this rule.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rule?

    Generally, SIP rules must be enforceable (see section 110(a) of the 
Act), must require Reasonably Available Control Technology (RACT) for 
each category of sources covered by a Control Techniques Guidelines 
(CTG) document as well as each major source in nonattainment areas (see 
sections 182(a)(2) and (b)(2)), must not interfere with any applicable 
requirements concerning attainment and reasonable further progress 
(RFP), and must not relax existing requirements (see sections 110(l) 
and 193). Section 172(c)(1) of the Act also requires implementation of 
all reasonably available control measures (RACM) as expeditiously as 
practicable in nonattainment areas. The SJVUAPCD regulates an ozone 
nonattainment area (see 40 CFR part 81), so Rule 4311 must fulfill 
RACT. Additionally, the RACM requirement in CAA section 172(c)(1) 
applies to this area.
    Guidance and policy documents that we use to evaluate 
enforceability and RACT and RACM requirements consistently include the 
following:
    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' EPA, May 25, 1988 (the Bluebook).
    2. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    3. Portions of the proposed post-1987 ozone and carbon monoxide 
policy that concern RACT, 52 FR 45044, November 24, 1987.
    4. ``State Implementation Plans, General Preamble for the 
Implementation of Title I of the Clean Air Amendments of 1990'' 57 FR 
13498, April 16, 1992.
    5. ``Preamble, Final Rule to Implement the 8-Hour Ozone National 
Ambient Air Quality Standard'' 70 FR 71612; Nov. 29, 2005.
    6. Letter from William T. Hartnett to Regional Air Division 
Directors, ``RACT Qs & As--Reasonable Available Control Technology 
(RACT) Questions and Answers,'' May 18, 2006.

B. Does the rule meet the evaluation criteria?

    We believe this rule is consistent with the relevant policy and 
guidance regarding enforceability, RACT, and SIP relaxations. The TSD 
has more information on our evaluation.

C. EPA Recommendations To Further Improve the Rule

    The TSD describes additional rule revisions that we recommend for 
the next time the local agency modifies the rule but are not currently 
the basis for rule disapproval.

D. Public Comment and Final Action

    Because EPA believes the submitted rule fulfills all relevant 
requirements, we are proposing to fully approve it as described in 
section 110(k)(3) of the Act. We will accept comments from the public 
on this proposal for the next 30 days. Unless we receive convincing new 
information during the comment period, we intend to publish a final 
approval action that will incorporate this rule into the federally 
enforceable SIP.

III. 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 action merely approves State law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by State law. For that reason, this 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, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the State, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Volatile organic compounds.

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

    Dated: August 8, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2011-21368 Filed 8-22-11; 8:45 am]
BILLING CODE 6560-50-P
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