Approval of California Air Plan Revisions, South Coast Air Quality Management District, 25996-25999 [2017-11681]
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25996
Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Proposed Rules
areas unless the area fails to attain the
standard by the extended Moderate area
attainment date and the area is
reclassified to a Serious PM2.5
nonattainment area. Consistent with
CAA section 188(b)(2), the EPA will
determine whether the area attained the
standard within six months following
the applicable attainment date.
This action is not a redesignation to
attainment under CAA section
107(d)(3)(E). Utah and Idaho are not
currently attaining the NAAQS and
have not submitted maintenance plans
as required under section 175(A) of the
CAA or met the other statutory
requirements for redesignation to
attainment. The designation status in 40
CFR part 81 will remain a Moderate
nonattainment area until such time as
Utah and Idaho meet the CAA
requirements for redesignation to
attainment or the area is reclassified to
Serious.
V. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and therefore is not
subject to review by the Office of
Management and Budget (OMB). This
proposed action merely approves a state
request as meeting federal requirements
and imposes no new requirements.
B. Paperwork Reduction Act (PRA)
This action does not impose any
additional information collection
burden under the provisions of the PRA,
44 U.S.C. 3501 et seq. This action
merely approves a state request for an
attainment date extension, and this
action does not impose additional
requirements beyond those imposed by
state law.
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C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities beyond those imposed by state
law. Approval of a state’s request for an
attainment date extension does not
create any new requirements and does
not directly regulate any entities.
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D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action does not
impose additional requirements beyond
those imposed by state law.
Accordingly, no additional costs to
state, local, or tribal governments, or to
the private sector, will result from this
action.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government. Pursuant to the
CAA, this action merely approves a state
request for an attainment date
extension.
F. Executive Order 13175: Coordination
With Indian Tribal Governments
This action does not have tribal
implications, as specified in Executive
Order 13175. No tribal areas are located
in the nonattainment area that will be
receiving an attainment date extension.
The CAA and the Tribal Authority Rule
establish the relationship of the federal
government and tribes in developing
plans to attain the NAAQS, and this rule
does nothing to modify that
relationship. Thus, Executive Order
13175 does not apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
This action is not subject to Executive
Order 13045 because it is not
economically significant as defined in
Executive Order 12866, and because the
EPA does not believe any environmental
health or safety risks addressed by this
action present a disproportionate risk to
children. This action merely approves a
state request for an attainment date
extension and it does not impose
additional requirements beyond those
imposed by state law.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
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I. National Technology Transfer and
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards. This action merely
approves a state request for an
attainment date extension.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Population
The EPA believes that this action does
not have disproportionately high and
adverse human health or environmental
effects on minority populations, lowincome populations and/or indigenous
peoples, as specified in Executive Order
12898 (59 FR 7629, February 16, 1994).
This action approves a state request for
an attainment date extension based on
the state’s compliance with
requirements and commitments in its
plan and recent air quality monitoring
data that meets requirements for an
extension.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Ammonia,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting
and recordkeeping requirements, Sulfur
dioxide, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 25, 2017.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2017–11686 Filed 6–5–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2017–0259; FRL–9963–32–
Region 9]
Approval of California Air Plan
Revisions, South Coast Air Quality
Management District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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 facilities that emit four or more
tons per year of NOX or oxides of sulfur
(SOX). We are proposing to approve
local rules to regulate these emission
SUMMARY:
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Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Proposed Rules
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
July 6, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2017–0259 at https://
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
https://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.
25997
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 Proposed
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
and submitted by the California Air
Resources Board (CARB).
TABLE 1—SUBMITTED RULES
Local agency
SCAQMD
SCAQMD
SCAQMD
SCAQMD
.......
.......
.......
.......
Rule No.
2001
2002
2005
2011:
..........................
..........................
..........................
Attachment C ..
2011: Chapter 3 ........
SCAQMD .......
2012: Attachment C ..
SCAQMD .......
2012: Chapter 4 ........
SCAQMD .......
2011: Attachment E ..
SCAQMD .......
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SCAQMD .......
2012: Attachment F ...
Rule title
Applicability ..........................................................................................
Allocations for NOX and SOX ..............................................................
New Source Review for Regional Clean Air Incentives Market .........
Requirements for Monitoring, Reporting, and Recordkeeping for
SOX Emissions: Quality Assurance and Quality Control Procedures.
Requirements for Monitoring, Reporting, and Recordkeeping for
SOX Emissions: Process Units—Periodic Reporting and Rule 219
Equipment.
Requirements for Monitoring, Reporting, and Recordkeeping for
NOX Emissions: Quality Assurance and Quality Control Procedures.
Requirements for Monitoring, Reporting, and Recordkeeping for
NOX Emissions: Process Units—Periodic Reporting and Rule 219
Equipment.
Requirements for Monitoring, Reporting, and Recordkeeping for
SOX Emissions: Definitions.
Requirements for Monitoring, Reporting, and Recordkeeping for
NOX Emissions: Definitions.
On April 17, 2017, the EPA
determined that the submittal for
SCAQMD Rule 2001; SCAQMD Rule
2002; SCAQMD Rule 2005; SCAQMD
Rule 2011, Attachment C; SCAQMD
Rule 2011, Chapter 3; SCAQMD Rule
2012, Attachment C; SCAQMD Rule
2012, Chapter 4; SCAQMD Rule 2011,
Attachment E; and SCAQMD Rule 2012,
Attachment F 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 earlier versions of Rule
2001; Rule 2011, Attachment C; Rule
2011, Chapter 3; Rule 2012, Attachment
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Amended
C; Rule 2012, Chapter 4; Rule 2011,
Attachment E; and Rule 2012,
Attachment F into the SIP on August 29,
2006 (71 FR 51120). The SCAQMD
adopted revisions to the SIP-approved
versions of these rules on May 6, 2005
and CARB submitted them to us on
October 20, 2005. We approved earlier
versions of Rule 2002 and Rule 2005
into the SIP on August 12, 2011 (76 FR
50128) and on December 20, 2011 (76
FR 78829). The SCAQMD adopted
revisions to the SIP-approved versions
of these rules on November 5, 2010 and
June 3, 2011 and CARB submitted them
to us on April 5, 2011 and September
27, 2011. We are acting on only the most
recently submitted versions of these
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Submitted
12/04/15
10/07/16
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03/17/17
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03/17/17
03/17/17
12/04/15
03/17/17
12/04/15
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12/04/15
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02/05/16
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rules but have reviewed materials
provided with previous submittals.
C. What is the purpose of the submitted
rule revisions?
NOx contributes to the formation of
ground-level ozone, smog and
particulate matter (PM), which harm
human health and the environment. 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.
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25998
Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Proposed Rules
Section 110(a) of the CAA requires
states to submit regulations that control
NOx and PM emissions. SCAQMD’s
Regional Clean Air Incentives Market
(RECLAIM) program consists of
SCAQMD Rules 2000 through 2020. The
RECLAIM amendments adopted in 2015
and 2016 were revisions to Rules 2001;
2002; 2005; 2011, Attachment C; 2011,
Chapter 3; 2012, Attachment C; 2012,
Chapter 4; 2011, Attachment E; and
2012, Attachment F. The primary
purposes of these amendments to
RECLAIM were to lower the NOx
emission cap in the RECLAIM program
to achieve additional emission
reductions, to allow electric generating
facilities (EGFs) to exit RECLAIM, to
add provisions regarding facility
shutdowns, to create a Regional New
Source Review (NSR) Holding Account
for existing electricity generating
facilities constructed after 1993, and to
implement other administrative and
clarifying changes. The EPA’s technical
support document (TSD) has more
information about these rules.
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II. The EPA’s Evaluation and Proposed
Action
A. How is the EPA evaluating the rules?
Generally, 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). Because the submittal
contains SIP rules that are part of an
economic incentive program (EIP) and
that address certain requirements of the
nonattainment NSR program, we also
evaluated the rule revisions in
accordance with the EPA’s requirements
and recommendations for EIPs and NSR
programs.
Additionally, 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 1997 8-hour ozone and 2008 8hour ozone standards (40 CFR 81.305).
Because the RECLAIM program applies
to major sources of NOx emissions, these
rules must implement RACT. SIP rules
must also implement Reasonably
Available Control Measures (RACM),
including RACT, in moderate and above
PM2.5 nonattainment areas (see CAA
sections 172(c)(1) and 189(a)(1)(C)) and
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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-hour PM2.5 NAAQS and
as moderate for the 1997 and 2012 PM2.5
NAAQS (40 CFR 81.305). We generally
evaluate submitted SIPs for RACM and
BACM purposes as part of our action on
an attainment plan as a whole.
Guidance and policy documents that
we use to evaluate enforceability, SIP
revisions, rule stringency requirements,
and EIP recommendations 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–452/R–01–001,
EPA OAR, January 2001.
B. Do the rules meet the evaluation
criteria?
We propose to find that the revised
RECLAIM regulations satisfy the
applicable CAA requirements for
enforceability, NSR, SIP revisions, and
economic incentive programs. In order
to prevent NOx RECLAIM trading
credits (RTCs) associated with facilities
that have shut down from entering the
RECLAIM market and potentially
delaying the installation of pollution
controls at other RECLAIM facilities, the
revised regulations establish criteria for
determining a facility shutdown and the
methodology for calculating the amount
of NOx RTCs by which that facility’s
future RTC holdings will be reduced.
These revisions are projected to reduce
NOx emissions from RECLAIM sources
by 12 tons per day by 2023.
In addition, the revised regulations
allow certain electric generating
facilities to use RTCs held in a
‘‘Regional NSR Holding Account’’ to
satisfy the NSR offset requirements
specified in Rule 2005(f) but do not alter
the existing requirement for all sources
to hold RTCs in amounts equal to the
amounts of required offsets.
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The revised rules are projected to
achieve significant environmental
benefits and would not interfere with
applicable requirements concerning
attainment and reasonable further
progress or other CAA requirements.
The TSD has more information on our
evaluation.
We are not reviewing the submitted
rule revisions with respect to RACT
requirements at this time because the
District has not yet submitted an
evaluation of the revised program in
accordance with RACT requirements.
Following the District’s submission of a
RACT evaluation for the revised
RECLAIM rules, we intend to publish a
separate proposed rule providing our
evaluation of the program in accordance
with RACT requirements and seeking
public comment on that evaluation.
C. Public Comment and Proposed
Action
The EPA is proposing to fully approve
the submitted rules under section
110(k)(3) of the Act based on our
conclusion that they satisfy the
applicable CAA requirements for
enforceability, NSR, SIP revisions, and
economic incentive programs. We will
accept comments from the public on
this proposal until July 6, 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 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, 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
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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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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
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.
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Dated: May 17, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017–11681 Filed 6–5–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2013–0557; FRL–9963–29–
Region 8]
Promulgation of State Implementation
Plan Revisions; Infrastructure
Requirements for the 2010 SO2 and
2012 PM2.5 National Ambient Air
Quality Standards; Colorado
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
elements of State Implementation Plan
(SIP) revisions from the State of
Colorado submitted to demonstrate that
the State meets infrastructure
requirements of the Clean Air Act (CAA)
for the National Ambient Air Quality
Standards (NAAQS) promulgated for
sulfur dioxide (SO2) on June 2, 2010,
and fine particulate matter (PM2.5) on
December 14, 2012. Section 110(a) of
the CAA requires that each state submit
a SIP for the implementation,
maintenance, and enforcement of each
NAAQS promulgated by the EPA.
DATES: Written comments must be
received on or before July 6, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2013–0557 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.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
SUMMARY:
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25999
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Abby Fulton, Air Program, U.S.
Environmental Protection Agency
(EPA), Region 8, Mail Code 8P–AR,
1595 Wynkoop Street, Denver, Colorado
80202–1129, 303–312–6563,
fulton.abby@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
What should I consider as I prepare my
comments for EPA?
1. Submitting Confidential Business
Information (CBI). Do not submit CBI to
the EPA through https://
www.regulations.gov or email. Clearly
mark the part or all of the information
that you claim to be CBI. For CBI
information on a disk or CD–ROM that
you mail to the EPA, mark the outside
of the disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When submitting comments, remember
to:
• Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register volume, date, and page
number);
• Follow directions and organize your
comments;
• Explain why you agree or disagree;
• Suggest alternatives and substitute
language for your requested changes;
• Describe any assumptions and
provide any technical information or
data that you used;
• If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced;
• Provide specific examples to
illustrate your concerns, and suggest
alternatives;
• Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats; and,
• Make sure to submit your
comments by the comment period
deadline identified.
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Agencies
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Proposed Rules]
[Pages 25996-25999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11681]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2017-0259; FRL-9963-32-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 facilities that emit four or more tons per year
of NOX or oxides of sulfur (SOX). We are
proposing to approve local rules to regulate these emission
[[Page 25997]]
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 July 6, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0259 at https://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 https://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 rule revisions?
II. The EPA's Evaluation and Proposed 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 and submitted by the
California Air Resources Board (CARB).
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD.................. 2001............................ Applicability....... 12/04/15 03/17/17
SCAQMD.................. 2002............................ Allocations for NOX 10/07/16 03/17/17
and SOX.
SCAQMD.................. 2005............................ New Source Review 12/04/15 03/17/17
for Regional Clean
Air Incentives
Market.
SCAQMD.................. 2011: Attachment C.............. Requirements for 12/04/15 03/17/17
Monitoring,
Reporting, and
Recordkeeping for
SOX Emissions:
Quality Assurance
and Quality Control
Procedures.
SCAQMD.................. 2011: Chapter 3................. Requirements for 12/04/15 03/17/17
Monitoring,
Reporting, and
Recordkeeping for
SOX Emissions:
Process Units--
Periodic Reporting
and Rule 219
Equipment.
SCAQMD.................. 2012: Attachment C.............. Requirements for 12/04/15 03/17/17
Monitoring,
Reporting, and
Recordkeeping for
NOX Emissions:
Quality Assurance
and Quality Control
Procedures.
SCAQMD.................. 2012: Chapter 4................. Requirements for 12/04/15 03/17/17
Monitoring,
Reporting, and
Recordkeeping for
NOX Emissions:
Process Units--
Periodic Reporting
and Rule 219
Equipment.
SCAQMD.................. 2011: Attachment E.............. Requirements for 02/05/16 03/17/17
Monitoring,
Reporting, and
Recordkeeping for
SOX Emissions:
Definitions.
SCAQMD.................. 2012: Attachment F.............. Requirements for 02/05/16 03/17/17
Monitoring,
Reporting, and
Recordkeeping for
NOX Emissions:
Definitions.
----------------------------------------------------------------------------------------------------------------
On April 17, 2017, the EPA determined that the submittal for SCAQMD
Rule 2001; SCAQMD Rule 2002; SCAQMD Rule 2005; SCAQMD Rule 2011,
Attachment C; SCAQMD Rule 2011, Chapter 3; SCAQMD Rule 2012, Attachment
C; SCAQMD Rule 2012, Chapter 4; SCAQMD Rule 2011, Attachment E; and
SCAQMD Rule 2012, Attachment F 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 earlier versions of Rule 2001; Rule 2011, Attachment C;
Rule 2011, Chapter 3; Rule 2012, Attachment C; Rule 2012, Chapter 4;
Rule 2011, Attachment E; and Rule 2012, Attachment F into the SIP on
August 29, 2006 (71 FR 51120). The SCAQMD adopted revisions to the SIP-
approved versions of these rules on May 6, 2005 and CARB submitted them
to us on October 20, 2005. We approved earlier versions of Rule 2002
and Rule 2005 into the SIP on August 12, 2011 (76 FR 50128) and on
December 20, 2011 (76 FR 78829). The SCAQMD adopted revisions to the
SIP-approved versions of these rules on November 5, 2010 and June 3,
2011 and CARB submitted them to us on April 5, 2011 and September 27,
2011. We are acting on only the most recently submitted versions of
these rules but have reviewed materials provided with previous
submittals.
C. What is the purpose of the submitted rule revisions?
NOx contributes to the formation of ground-level ozone,
smog and particulate matter (PM), which harm human health and the
environment. 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.
[[Page 25998]]
Section 110(a) of the CAA requires states to submit regulations that
control NOx and PM emissions. SCAQMD's Regional Clean Air
Incentives Market (RECLAIM) program consists of SCAQMD Rules 2000
through 2020. The RECLAIM amendments adopted in 2015 and 2016 were
revisions to Rules 2001; 2002; 2005; 2011, Attachment C; 2011, Chapter
3; 2012, Attachment C; 2012, Chapter 4; 2011, Attachment E; and 2012,
Attachment F. The primary purposes of these amendments to RECLAIM were
to lower the NOx emission cap in the RECLAIM program to
achieve additional emission reductions, to allow electric generating
facilities (EGFs) to exit RECLAIM, to add provisions regarding facility
shutdowns, to create a Regional New Source Review (NSR) Holding Account
for existing electricity generating facilities constructed after 1993,
and to implement other administrative and clarifying changes. The EPA's
technical support document (TSD) has more information about these
rules.
II. The EPA's Evaluation and Proposed Action
A. How is the EPA evaluating the rules?
Generally, 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). Because the
submittal contains SIP rules that are part of an economic incentive
program (EIP) and that address certain requirements of the
nonattainment NSR program, we also evaluated the rule revisions in
accordance with the EPA's requirements and recommendations for EIPs and
NSR programs.
Additionally, 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 1997 8-hour ozone and 2008 8-hour ozone
standards (40 CFR 81.305). Because the RECLAIM program applies to major
sources of NOx emissions, these rules must implement RACT.
SIP rules must also implement Reasonably Available Control Measures
(RACM), including RACT, in moderate and above PM2.5
nonattainment areas (see CAA sections 172(c)(1) and 189(a)(1)(C)) and
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-hour PM2.5 NAAQS and as moderate for the
1997 and 2012 PM2.5 NAAQS (40 CFR 81.305). We generally
evaluate submitted SIPs for RACM and BACM purposes as part of our
action on an attainment plan as a whole.
Guidance and policy documents that we use to evaluate
enforceability, SIP revisions, rule stringency requirements, and EIP
recommendations 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-452/R-01-001, EPA OAR, January 2001.
B. Do the rules meet the evaluation criteria?
We propose to find that the revised RECLAIM regulations satisfy the
applicable CAA requirements for enforceability, NSR, SIP revisions, and
economic incentive programs. In order to prevent NOx RECLAIM
trading credits (RTCs) associated with facilities that have shut down
from entering the RECLAIM market and potentially delaying the
installation of pollution controls at other RECLAIM facilities, the
revised regulations establish criteria for determining a facility
shutdown and the methodology for calculating the amount of
NOx RTCs by which that facility's future RTC holdings will
be reduced. These revisions are projected to reduce NOx
emissions from RECLAIM sources by 12 tons per day by 2023.
In addition, the revised regulations allow certain electric
generating facilities to use RTCs held in a ``Regional NSR Holding
Account'' to satisfy the NSR offset requirements specified in Rule
2005(f) but do not alter the existing requirement for all sources to
hold RTCs in amounts equal to the amounts of required offsets.
The revised rules are projected to achieve significant
environmental benefits and would not interfere with applicable
requirements concerning attainment and reasonable further progress or
other CAA requirements. The TSD has more information on our evaluation.
We are not reviewing the submitted rule revisions with respect to
RACT requirements at this time because the District has not yet
submitted an evaluation of the revised program in accordance with RACT
requirements. Following the District's submission of a RACT evaluation
for the revised RECLAIM rules, we intend to publish a separate proposed
rule providing our evaluation of the program in accordance with RACT
requirements and seeking public comment on that evaluation.
C. Public Comment and Proposed Action
The EPA is proposing to fully approve the submitted rules under
section 110(k)(3) of the Act based on our conclusion that they satisfy
the applicable CAA requirements for enforceability, NSR, SIP revisions,
and economic incentive programs. We will accept comments from the
public on this proposal until July 6, 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 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, 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
[[Page 25999]]
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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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 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: May 17, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-11681 Filed 6-5-17; 8:45 am]
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