Air Plan Approval; California; El Dorado County Air Quality Management District; Reasonably Available Control Technology Demonstration, 50548-50551 [2018-21882]

Download as PDF 50548 Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Proposed Rules https://www.epa.gov/dockets/ commenting-epa-dockets. ENVIRONMENTAL PROTECTION AGENCY FOR FURTHER INFORMATION CONTACT: 40 CFR Part 52 [EPA–R09–OAR–2018–0602; FRL–9985–14– Region 9] Air Plan Approval; California; El Dorado County Air Quality Management District; Reasonably Available Control Technology Demonstration Table of Contents Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the El Dorado County Air Quality Management District (EDCAQMD or ‘‘District’’) portion of the California State Implementation Plan (SIP). This revision concerns the District’s demonstration regarding Reasonably Available Control Technology (RACT) requirements for the 2008 8-hour ozone National Ambient Air Quality Standard (NAAQS) and negative declarations for several source categories. We are proposing action on a local SIP revision 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 November 8, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2018–0602 at https:// www.regulations.gov. For comments submitted at 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, 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 amozie on DSK3GDR082PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 18:49 Oct 05, 2018 Jkt 247001 Stanley Tong, EPA Region IX, (415) 947–4122, tong.stanley@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to the EPA. I. The State’s Submittal A. What document did the State submit? B. Are there other versions of this document? C. What is the purpose of the submitted document? II. The EPA’s Evaluation and Proposed Action A. How is the EPA evaluating the submitted document? B. Does the submitted document meet the evaluation criteria? C. Public Comment and Proposed Action III. Statutory and Executive Order Reviews I. The State’s Submittal A. What document did the State submit? On January 3, 2017, the EDCAQMD adopted the ‘‘Reasonably Available Control Technology (RACT) State Implementation Plan (SIP) Update Analysis Staff Report’’ (‘‘2017 RACT SIP’’), and on January 4, 2017, the California Air Resources Board (CARB) submitted it to the EPA for approval as a revision to the California SIP. The submittal also included EDCAQMD’s Resolution 002–2017, approving the 2017 RACT SIP. On January 5, 2017, the EPA determined that the submittal for EDCAQMD’s 2017 RACT SIP 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 document? There are no previous versions of this document in the EDCAQMD portion of the California SIP for the 2008 8-hour ozone NAAQS. C. What is the purpose of the submitted document? Volatile organic compounds (VOCs) and oxides of nitrogen (NOX) together 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 VOC and NOX emissions. Sections 182(b)(2) and (f) require that SIPs for ozone nonattainment areas classified as Moderate or above implement RACT for any source covered by a Control Techniques Guidelines (CTG) document and for any major source of VOCs or PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 NOX. The EDCAQMD is subject to this requirement because it regulates a nonattainment area classified as Severe for the 2008 8-hour ozone NAAQS. Therefore, the EDCAQMD must, at a minimum, adopt RACT-level controls for all sources covered by a CTG document and for all major non-CTG sources of VOCs or NOX within the nonattainment area that it regulates. Any stationary source that emits or has the potential to emit at least 25 tons per year (tpy) of VOCs or NOX is a major stationary source in a Severe ozone nonattainment area (CAA section 182(d), (f), and 302(j)). Section III.D of the preamble to the EPA’s final rule to implement the 2008 8-hour ozone NAAQS (80 FR 12264, March 6, 2015) discusses RACT requirements. It states in part that RACT SIPs must contain adopted RACT regulations, certifications where appropriate that existing provisions are RACT, and/or negative declarations that no sources in the nonattainment area are covered by a specific CTG. Id. at 12278. It also provides that states must submit appropriate supporting information for their RACT submissions as described in the EPA’s implementation rule for the 1997 ozone NAAQS. See id. and 70 FR 71612, 71652 (November 29, 2005). The submitted document provides EDCAQMD’s analysis of its compliance with CAA section 182 RACT requirements for the 2008 8-hour ozone NAAQS. The EPA’s technical support document (TSD) has more information about the District’s submission and the EPA’s evaluations thereof. II. The EPA’s Evaluation and Proposed Action A. How is the EPA evaluating the submitted document? SIP rules must require RACT for each category of sources covered by a CTG document as well as each major source of VOCs or NOX in ozone nonattainment areas classified as Moderate or above (see CAA section 182(b)(2)). The EDCAQMD regulates a Serious ozone nonattainment area (see 40 CFR 81.305) so the District’s rules must implement RACT. States should also submit for SIP approval negative declarations for those source categories for which they have not adopted CTG-based regulations (because they have no sources above the CTG-recommended applicability threshold) regardless of whether such negative declarations were made for an earlier SIP.1 To do so, the submittal should provide reasonable assurance 1 57 E:\FR\FM\09OCP1.SGM FR 13498, 13512 (April 16, 1992). 09OCP1 Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Proposed Rules that no sources subject to the CTG requirements currently exist in the EDCAQMD. The District’s analysis must demonstrate that each major source of VOCs or NOX in the ozone nonattainment area is covered by a RACT-level rule. In addition, for each CTG source category, the District must either demonstrate that a RACT-level rule is in place, or submit a negative declaration. Guidance and policy documents that we use to evaluate CAA section 182 RACT requirements include the following: 1. ‘‘State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990,’’ 57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992). 2. ‘‘Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,’’ EPA, May 25, 1988 (‘‘the Bluebook’’, revised January 11, 1990). 3. ‘‘Guidance Document for Correcting Common VOC & Other Rule Deficiencies,’’ EPA Region 9, August 21, 2001 (‘‘the Little Bluebook’’). 4. ‘‘State Implementation Plans; Nitrogen Oxides Supplement to the General Preamble; Clean Air Act Amendments of 1990 Implementation of Title I; Proposed Rule,’’ (the NOX Supplement), 57 FR 55620, (November 25, 1992). 5. Memorandum from William T. Harnett to Regional Air Division Directors, dated May 18, 2006, ‘‘RACT Qs & As— Reasonably Available Control Technology (RACT) Questions and Answers.’’ 6. ‘‘Final Rule to Implement the 8-hour Ozone National Ambient Air Quality Standard –Phase 2,’’ 70 FR 71612 (November 29, 2005). 7. ‘‘Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements,’’ 80 FR 12264 (March 6, 2015). B. Does the submitted document meet the evaluation criteria? EDCAQMD’s 2017 RACT SIP provides the District’s demonstration that the applicable SIP for the El Dorado County AQMD satisfies CAA section 182 RACT requirements for the 2008 8-hour ozone NAAQS. This conclusion is based on the District’s analysis of SIP-approved requirements that apply to: (1) Major non-CTG stationary sources of VOC or NOX emissions; and (2) CTG source categories. With respect to major stationary sources, the 2017 RACT SIP states the District has no major sources of air pollution that emit more than 25 tpy of VOC or NOX. The 2017 RACT SIP further states that the District’s only major source, a biomass boiler, ceased operation in 2009 and the unit was dismantled in 2013. We reviewed CARB’s emissions inventory database and agree with EDCAQMD’s statement that there are currently no major stationary sources of VOC or NOX in the District. With respect to CTG source categories, we reviewed EDCAQMD’s evaluation of its rules subject to RACT and we agree that its rules are generally consistent with the CTGs and recently adopted rules in neighboring air districts. 50549 Where there are no existing sources covered by a particular CTG document, or no major non-CTG sources, states may, in lieu of adopting RACT requirements for those sources, adopt negative declarations certifying that there are no such sources in the relevant nonattainment area. Table C of the 2017 RACT SIP lists the District’s negative declarations where it has no sources subject to the applicable CTG for the 2008 8-hour ozone NAAQS. These negative declarations are re-listed in Table 1 below. The District concluded that it had no sources subject to the CTGs based on a review of its permit databases, Standard Industrial Classification codes, other source data, and its emissions inventory. In addition, the District concluded that it had no major non-CTG sources of NOX or VOCs, based on a review of the District emissions inventory, permit database, internet search, consultation with District Air Quality Specialists, and personal knowledge.2 The EPA searched CARB’s emissions inventory database and conducted a general search on the internet for businesses in El Dorado County and also concluded that there do not appear to be facilities in the ozone nonattainment area that are subject to these CTGs. We believe that these negative declarations are consistent with the relevant policy and guidance regarding RACT. Our TSD has more information on our evaluation of the submitted 2017 RACT SIP. TABLE 1—EDCAQMD NEGATIVE DECLARATIONS EPA document No. Title EPA–450/2–77–008 ........................ Control of Volatile Organic Emissions from Existing Stationary Sources—Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks. Control of Volatile Organic Emissions from Solvent Metal Cleaning. Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds. Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals. Control of Volatile Organic Emissions from Existing Stationary Sources—Volume III: Surface Coating of Metal Furniture. Control of Volatile Organic Emissions from Existing Stationary Sources—Volume IV: Surface Coating of Insulation of Magnet Wire. Control of Volatile Organic Emissions from Existing Stationary Sources—Volume V: Surface Coating of Large Appliances. Control of Volatile Organic Emissions from Storage of Petroleum Liquids in Fixed-Roof Tanks. Control of Volatile Organic Emissions from Existing Stationary Sources—Volume VI: Surface Coating of Miscellaneous Metal Parts and Products. Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products. Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires. Control of Volatile Organic Emissions from Existing Stationary Sources—Volume VII: Factory Surface Coating of Flat Wood Paneling. EPA–450/2–77–022 EPA–450/2–77–025 EPA–450/2–77–026 EPA–450/2–77–032 ........................ ........................ ........................ ........................ EPA–450/2–77–033 ........................ EPA–450/2–77–034 ........................ amozie on DSK3GDR082PROD with PROPOSALS1 EPA–450/2–77–036 ........................ EPA–450/2–78–015 ........................ EPA–450/2–78–029 ........................ EPA–450/2–78–030 ........................ EPA–450/2–78–032 ........................ 2 2017 RACT SIP at 3. This conclusion was also stated in the resolution approving the 2017 RACT SIP. Resolution 002–2017 at 2 (‘‘The Board of Directors of the EDCAQMD has determined in the 2008 RACT SIP Update Analysis that . . . there are no major stationary sources of VOC or NOX in the District; . . . EDCAQMD has reviewed its permit VerDate Sep<11>2014 18:49 Oct 05, 2018 Jkt 247001 database and files and conducted public outreach and has determined that there [is] . . . no ‘‘major source’’ of VOC or NOX in El Dorado County . . . .’’ Although major sources of NOX and VOCs are not included in the Table C list of negative declarations in the 2017 RACT SIP, we consider the unambiguous statements in the 2017 RACT SIP and PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 Resolution 002–2017 that there are no major sources in the District sufficient to constitute a negative declaration for major NOX and VOC sources, and have thus included them in Table 1 below. E:\FR\FM\09OCP1.SGM 09OCP1 50550 Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Proposed Rules TABLE 1—EDCAQMD NEGATIVE DECLARATIONS—Continued EPA document No. Title EPA–450/2–78–033 ........................ Control of Volatile Organic Emissions from Existing Stationary Sources—Volume VIII: Graphic Arts-Rotogravure and Flexography. Control of Volatile Organic Compound Leaks from Petroleum Refinery Equipment. Control of Volatile Organic Emissions from Petroleum Liquid Storage in External Floating Roof Tanks. Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners. Control of Volatile Organic Compound Leaks from Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment. Control of Volatile Organic Compound Equipment Leaks from Natural Gas/Gasoline Processing Plants. Control of Volatile Organic Compound Emissions from Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins. Control of Volatile Organic Compound Emissions from Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry. Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations in Synthetic Organic Chemical Manufacturing Industry. Control of Volatile Organic Compound Emissions from Wood Furniture Manufacturing Operations. Alternative Control Technology Document—Surface Coating Operations at Shipbuilding and Ship Repair Facilities. Control Techniques Guidelines for Shipbuilding and Ship Repair Operations (Surface Coating). Aerospace MACT and Aerospace (CTG & MACT). EPA–450/2–78–036 EPA–450/2–78–047 EPA–450/3–82–009 EPA–450/3–83–006 ........................ ........................ ........................ ........................ EPA–450/3–83–007 ........................ EPA–450/3–83–008 ........................ EPA–450/3–84–015 ........................ EPA–450/4–91–031 ........................ EPA–453/R–96–007 ....................... EPA–453/R–94–032 ....................... 61 FR 44050; 8/27/96 ..................... EPA–453/R–97–004, 59 FR 29216; 6/06/94. EPA–453/R–06–001 ....................... EPA–453/R–06–002 ....................... EPA–453/R–06–003 ....................... EPA–453/R–06–004 ....................... EPA 453/R–07–003 ........................ EPA 453/R–07–004 ........................ EPA 453/R–07–005 ........................ EPA 453/R–08–003 ........................ EPA 453/R–08–004 ........................ EPA 453/R–08–005 ........................ EPA 453/R–08–006 ........................ EPA 453/B16–001 .......................... Control Control Control Control Control Control Control Control Control Control Control Control Techniques Techniques Techniques Techniques Techniques Techniques Techniques Techniques Techniques Techniques Techniques Techniques Guidelines Guidelines Guidelines Guidelines Guidelines Guidelines Guidelines Guidelines Guidelines Guidelines Guidelines Guidelines for for for for for for for for for for for for Industrial Cleaning Solvents. Offset Lithographic Printing and Letterpress Printing. Flexible Package Printing. Flat Wood Paneling Coatings. Paper, Film, and Foil Coatings. Large Appliance Coatings. Metal Furniture Coatings. Miscellaneous Metal and Plastic Parts Coatings. Fiberglass Boat Manufacturing Materials. Miscellaneous Industrial Adhesives. Automobile and Light-Duty Truck Assembly Coatings. the Oil and Natural Gas Industry. Major non-CTG VOC sources Major non-CTG NOX sources C. Public Comment and Proposed Action As authorized in section 110(k)(3) of the Act, the EPA proposes to fully approve the 2017 RACT SIP including the above negative declarations because they fulfill the RACT SIP requirements under CAA sections 182(b) and (f) and 40 CFR 51.1112(a) and (b) for the 2008 ozone NAAQS. We will accept comments from the public on this proposal until November 8, 2018. If we take final action to approve the submitted documents, our final action will incorporate them into the federally enforceable SIP. amozie on DSK3GDR082PROD with PROPOSALS1 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, 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 VerDate Sep<11>2014 18:49 Oct 05, 2018 Jkt 247001 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 Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; • 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 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 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 E:\FR\FM\09OCP1.SGM 09OCP1 Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Proposed Rules 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, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: September 26, 2018. Michael Stoker, Regional Administrator, Region IX. [FR Doc. 2018–21882 Filed 10–5–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2018–0383; FRL–9985–09– Region 5] Air Plan Approval; Illinois; Nonattainment New Source Review Requirements for the 2008 8-Hour Ozone Standard Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve, as a State Implementation Plan (SIP) revision, Illinois’ certification that its SIP satisfies the nonattainment new source review (NNSR) requirements of the Clean Air Act (CAA) for the 2008 ozone National Ambient Air Quality Standard (NAAQS or Standard). Final approval of the Illinois NNSR certification SIP will permanently stop the Federal Implementation Plan (FIP) clocks triggered by EPA’s February 3 and December 11, 2017 findings that Illinois failed to submit an NNSR plan for the Illinois portion of the ChicagoNaperville, Illinois-Indiana-Wisconsin area (Chicago Nonattainment Area). DATES: Written comments must be received on or before November 8, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2018–0383 at https:// www.regulations.gov, or via email to damico.genevieve@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. amozie on DSK3GDR082PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 18:49 Oct 05, 2018 Jkt 247001 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. 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: David Ogulei, Environmental Engineer, Air Permits Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353–0987, ogulei.david@ epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This supplementary information section is arranged as follows: I. Background II. Summary of the State’s Submittal III. What is EPA’s analysis? IV. Proposed Action V. Statutory and Executive Order Reviews I. Background A. 2008 8-Hour Ozone NAAQS On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Upon promulgation of a new or revised NAAQS, the CAA requires EPA to designate as nonattainment any area that is violating the NAAQS based on the three most recent years of ambient air quality data available at the conclusion of the designation process. For ozone NAAQS, EPA must also classify any nonattainment areas at the time of designation based on the severity of their ozone levels (as determined based on the area’s ‘‘design value’’ 1). See CAA sections 107(d)(1) and 181(a)(1) and 77 FR 34225. The 1 Under 40 CFR 50.15, the ‘‘design value’’ for the 2008 8-hour ozone NAAQS is the 3-year average of the annual fourth-highest daily maximum 8-hour average ambient air quality ozone concentrations. PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 50551 possible classifications are ‘‘Marginal,’’ ‘‘Moderate,’’ ‘‘Serious,’’ ‘‘Severe,’’ and ‘‘Extreme.’’ Nonattainment areas with a lower classification (such as marginal areas) have ozone levels that are closer to meeting the standard than areas with a higher classification (such as Extreme areas). See CAA section 181(a)(1). On March 6, 2015, EPA issued a final rule titled ‘‘Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements’’ (SIP Requirements Rule), which detailed the requirements that state, tribal, and local air quality management agencies must meet as they develop implementation plans for areas where air quality exceeds the 2008 8hour ozone NAAQS. See 80 FR 12264 (March 6, 2015).2 Areas that were designated as marginal ozone nonattainment areas were required to attain the 2008 8-hour ozone NAAQS no later than 36 months after the effective date of area designations for the 2008 8hour ozone NAAQS (i.e., July 20, 2015), based on 2012–2014 monitoring data. See 40 CFR 51.1103. Areas designated nonattainment for the ozone NAAQS are subject to the general nonattainment area planning requirements of CAA section 172 and also to the ozone-specific planning requirements of CAA section 182. States in the Ozone Transport Region (OTR) 3 are additionally subject to the requirements outlined in CAA section 184. Ozone nonattainment areas in the lower classification levels have fewer and/or less stringent mandatory air quality planning and control requirements than those in higher classifications. For a marginal area, a state is required to submit a baseline emissions inventory, adopt a SIP requiring emissions statements from stationary sources, and implement a NNSR program for the relevant ozone standard. See CAA section 182(a). For each higher ozone nonattainment 2 The SIP Requirements Rule addresses a range of nonattainment area SIP requirements for the 2008 8-hour ozone NAAQS, including requirements pertaining to attainment demonstrations, reasonable further progress (RFP), reasonably available control technology, reasonably available control measures, major new source review, emission inventories, and the timing of SIP submissions and of compliance with emission control measures in the SIP. The rule also revokes the 1997 ozone NAAQS and establishes anti-backsliding requirements. 3 The OTR is comprised of the following states: Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and the Consolidated Metropolitan Statistical Area that includes the District of Columbia. 42 U.S.C. 7511c(a). States in the OTR are required to submit SIP revisions addressing reasonably available control technology (RACT) requirements for the pollutants that form ozone, even if the areas in the state meet the ozone standards. E:\FR\FM\09OCP1.SGM 09OCP1

Agencies

[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Proposed Rules]
[Pages 50548-50551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21882]



[[Page 50548]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0602; FRL-9985-14-Region 9]


Air Plan Approval; California; El Dorado County Air Quality 
Management District; Reasonably Available Control Technology 
Demonstration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the El Dorado County Air Quality Management 
District (EDCAQMD or ``District'') portion of the California State 
Implementation Plan (SIP). This revision concerns the District's 
demonstration regarding Reasonably Available Control Technology (RACT) 
requirements for the 2008 8-hour ozone National Ambient Air Quality 
Standard (NAAQS) and negative declarations for several source 
categories. We are proposing action on a local SIP revision 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 November 8, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2018-0602 at https://www.regulations.gov. For comments submitted at 
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, 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://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Stanley Tong, EPA Region IX, (415) 
947-4122, [email protected].

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

Table of Contents

I. The State's Submittal
    A. What document did the State submit?
    B. Are there other versions of this document?
    C. What is the purpose of the submitted document?
II. The EPA's Evaluation and Proposed Action
    A. How is the EPA evaluating the submitted document?
    B. Does the submitted document meet the evaluation criteria?
    C. Public Comment and Proposed Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What document did the State submit?

    On January 3, 2017, the EDCAQMD adopted the ``Reasonably Available 
Control Technology (RACT) State Implementation Plan (SIP) Update 
Analysis Staff Report'' (``2017 RACT SIP''), and on January 4, 2017, 
the California Air Resources Board (CARB) submitted it to the EPA for 
approval as a revision to the California SIP. The submittal also 
included EDCAQMD's Resolution 002-2017, approving the 2017 RACT SIP.
    On January 5, 2017, the EPA determined that the submittal for 
EDCAQMD's 2017 RACT SIP 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 document?

    There are no previous versions of this document in the EDCAQMD 
portion of the California SIP for the 2008 8-hour ozone NAAQS.

C. What is the purpose of the submitted document?

    Volatile organic compounds (VOCs) and oxides of nitrogen 
(NOX) together 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 VOC and NOX emissions. Sections 182(b)(2) and (f) 
require that SIPs for ozone nonattainment areas classified as Moderate 
or above implement RACT for any source covered by a Control Techniques 
Guidelines (CTG) document and for any major source of VOCs or 
NOX. The EDCAQMD is subject to this requirement because it 
regulates a nonattainment area classified as Severe for the 2008 8-hour 
ozone NAAQS. Therefore, the EDCAQMD must, at a minimum, adopt RACT-
level controls for all sources covered by a CTG document and for all 
major non-CTG sources of VOCs or NOX within the 
nonattainment area that it regulates. Any stationary source that emits 
or has the potential to emit at least 25 tons per year (tpy) of VOCs or 
NOX is a major stationary source in a Severe ozone 
nonattainment area (CAA section 182(d), (f), and 302(j)).
    Section III.D of the preamble to the EPA's final rule to implement 
the 2008 8-hour ozone NAAQS (80 FR 12264, March 6, 2015) discusses RACT 
requirements. It states in part that RACT SIPs must contain adopted 
RACT regulations, certifications where appropriate that existing 
provisions are RACT, and/or negative declarations that no sources in 
the nonattainment area are covered by a specific CTG. Id. at 12278. It 
also provides that states must submit appropriate supporting 
information for their RACT submissions as described in the EPA's 
implementation rule for the 1997 ozone NAAQS. See id. and 70 FR 71612, 
71652 (November 29, 2005).
    The submitted document provides EDCAQMD's analysis of its 
compliance with CAA section 182 RACT requirements for the 2008 8-hour 
ozone NAAQS. The EPA's technical support document (TSD) has more 
information about the District's submission and the EPA's evaluations 
thereof.

II. The EPA's Evaluation and Proposed Action

A. How is the EPA evaluating the submitted document?

    SIP rules must require RACT for each category of sources covered by 
a CTG document as well as each major source of VOCs or NOX 
in ozone nonattainment areas classified as Moderate or above (see CAA 
section 182(b)(2)). The EDCAQMD regulates a Serious ozone nonattainment 
area (see 40 CFR 81.305) so the District's rules must implement RACT.
    States should also submit for SIP approval negative declarations 
for those source categories for which they have not adopted CTG-based 
regulations (because they have no sources above the CTG-recommended 
applicability threshold) regardless of whether such negative 
declarations were made for an earlier SIP.\1\ To do so, the submittal 
should provide reasonable assurance

[[Page 50549]]

that no sources subject to the CTG requirements currently exist in the 
EDCAQMD.
---------------------------------------------------------------------------

    \1\ 57 FR 13498, 13512 (April 16, 1992).
---------------------------------------------------------------------------

    The District's analysis must demonstrate that each major source of 
VOCs or NOX in the ozone nonattainment area is covered by a 
RACT-level rule. In addition, for each CTG source category, the 
District must either demonstrate that a RACT-level rule is in place, or 
submit a negative declaration. Guidance and policy documents that we 
use to evaluate CAA section 182 RACT requirements include the 
following:

1. ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 
57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' EPA, May 25, 1988 (``the Bluebook'', revised January 
11, 1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (``the Little 
Bluebook'').
4. ``State Implementation Plans; Nitrogen Oxides Supplement to the 
General Preamble; Clean Air Act Amendments of 1990 Implementation of 
Title I; Proposed Rule,'' (the NOX Supplement), 57 FR 
55620, (November 25, 1992).
5. Memorandum from William T. Harnett to Regional Air Division 
Directors, dated May 18, 2006, ``RACT Qs & As--Reasonably Available 
Control Technology (RACT) Questions and Answers.''
6. ``Final Rule to Implement the 8-hour Ozone National Ambient Air 
Quality Standard -Phase 2,'' 70 FR 71612 (November 29, 2005).
7. ``Implementation of the 2008 National Ambient Air Quality 
Standards for Ozone: State Implementation Plan Requirements,'' 80 FR 
12264 (March 6, 2015).

B. Does the submitted document meet the evaluation criteria?

    EDCAQMD's 2017 RACT SIP provides the District's demonstration that 
the applicable SIP for the El Dorado County AQMD satisfies CAA section 
182 RACT requirements for the 2008 8-hour ozone NAAQS. This conclusion 
is based on the District's analysis of SIP-approved requirements that 
apply to: (1) Major non-CTG stationary sources of VOC or NOX 
emissions; and (2) CTG source categories.
    With respect to major stationary sources, the 2017 RACT SIP states 
the District has no major sources of air pollution that emit more than 
25 tpy of VOC or NOX. The 2017 RACT SIP further states that 
the District's only major source, a biomass boiler, ceased operation in 
2009 and the unit was dismantled in 2013. We reviewed CARB's emissions 
inventory database and agree with EDCAQMD's statement that there are 
currently no major stationary sources of VOC or NOX in the 
District.
    With respect to CTG source categories, we reviewed EDCAQMD's 
evaluation of its rules subject to RACT and we agree that its rules are 
generally consistent with the CTGs and recently adopted rules in 
neighboring air districts.
    Where there are no existing sources covered by a particular CTG 
document, or no major non-CTG sources, states may, in lieu of adopting 
RACT requirements for those sources, adopt negative declarations 
certifying that there are no such sources in the relevant nonattainment 
area. Table C of the 2017 RACT SIP lists the District's negative 
declarations where it has no sources subject to the applicable CTG for 
the 2008 8-hour ozone NAAQS. These negative declarations are re-listed 
in Table 1 below. The District concluded that it had no sources subject 
to the CTGs based on a review of its permit databases, Standard 
Industrial Classification codes, other source data, and its emissions 
inventory. In addition, the District concluded that it had no major 
non-CTG sources of NOX or VOCs, based on a review of the 
District emissions inventory, permit database, internet search, 
consultation with District Air Quality Specialists, and personal 
knowledge.\2\ The EPA searched CARB's emissions inventory database and 
conducted a general search on the internet for businesses in El Dorado 
County and also concluded that there do not appear to be facilities in 
the ozone nonattainment area that are subject to these CTGs. We believe 
that these negative declarations are consistent with the relevant 
policy and guidance regarding RACT.
---------------------------------------------------------------------------

    \2\ 2017 RACT SIP at 3. This conclusion was also stated in the 
resolution approving the 2017 RACT SIP. Resolution 002-2017 at 2 
(``The Board of Directors of the EDCAQMD has determined in the 2008 
RACT SIP Update Analysis that . . . there are no major stationary 
sources of VOC or NOX in the District; . . . EDCAQMD has 
reviewed its permit database and files and conducted public outreach 
and has determined that there [is] . . . no ``major source'' of VOC 
or NOX in El Dorado County . . . .'' Although major 
sources of NOX and VOCs are not included in the Table C 
list of negative declarations in the 2017 RACT SIP, we consider the 
unambiguous statements in the 2017 RACT SIP and Resolution 002-2017 
that there are no major sources in the District sufficient to 
constitute a negative declaration for major NOX and VOC 
sources, and have thus included them in Table 1 below.
---------------------------------------------------------------------------

    Our TSD has more information on our evaluation of the submitted 
2017 RACT SIP.

                 Table 1--EDCAQMD Negative Declarations
------------------------------------------------------------------------
         EPA document No.                           Title
------------------------------------------------------------------------
EPA-450/2-77-008..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume II: Surface Coating
                                     of Cans, Coils, Paper, Fabrics,
                                     Automobiles, and Light-Duty Trucks.
EPA-450/2-77-022..................  Control of Volatile Organic
                                     Emissions from Solvent Metal
                                     Cleaning.
EPA-450/2-77-025..................  Control of Refinery Vacuum Producing
                                     Systems, Wastewater Separators, and
                                     Process Unit Turnarounds.
EPA-450/2-77-026..................  Control of Hydrocarbons from Tank
                                     Truck Gasoline Loading Terminals.
EPA-450/2-77-032..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume III: Surface
                                     Coating of Metal Furniture.
EPA-450/2-77-033..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume IV: Surface Coating
                                     of Insulation of Magnet Wire.
EPA-450/2-77-034..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume V: Surface Coating
                                     of Large Appliances.
EPA-450/2-77-036..................  Control of Volatile Organic
                                     Emissions from Storage of Petroleum
                                     Liquids in Fixed-Roof Tanks.
EPA-450/2-78-015..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume VI: Surface Coating
                                     of Miscellaneous Metal Parts and
                                     Products.
EPA-450/2-78-029..................  Control of Volatile Organic
                                     Emissions from Manufacture of
                                     Synthesized Pharmaceutical
                                     Products.
EPA-450/2-78-030..................  Control of Volatile Organic
                                     Emissions from Manufacture of
                                     Pneumatic Rubber Tires.
EPA-450/2-78-032..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume VII: Factory
                                     Surface Coating of Flat Wood
                                     Paneling.

[[Page 50550]]

 
EPA-450/2-78-033..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume VIII: Graphic Arts-
                                     Rotogravure and Flexography.
EPA-450/2-78-036..................  Control of Volatile Organic Compound
                                     Leaks from Petroleum Refinery
                                     Equipment.
EPA-450/2-78-047..................  Control of Volatile Organic
                                     Emissions from Petroleum Liquid
                                     Storage in External Floating Roof
                                     Tanks.
EPA-450/3-82-009..................  Control of Volatile Organic Compound
                                     Emissions from Large Petroleum Dry
                                     Cleaners.
EPA-450/3-83-006..................  Control of Volatile Organic Compound
                                     Leaks from Synthetic Organic
                                     Chemical Polymer and Resin
                                     Manufacturing Equipment.
EPA-450/3-83-007..................  Control of Volatile Organic Compound
                                     Equipment Leaks from Natural Gas/
                                     Gasoline Processing Plants.
EPA-450/3-83-008..................  Control of Volatile Organic Compound
                                     Emissions from Manufacture of High-
                                     Density Polyethylene,
                                     Polypropylene, and Polystyrene
                                     Resins.
EPA-450/3-84-015..................  Control of Volatile Organic Compound
                                     Emissions from Air Oxidation
                                     Processes in Synthetic Organic
                                     Chemical Manufacturing Industry.
EPA-450/4-91-031..................  Control of Volatile Organic Compound
                                     Emissions from Reactor Processes
                                     and Distillation Operations in
                                     Synthetic Organic Chemical
                                     Manufacturing Industry.
EPA-453/R-96-007..................  Control of Volatile Organic Compound
                                     Emissions from Wood Furniture
                                     Manufacturing Operations.
EPA-453/R-94-032..................  Alternative Control Technology
                                     Document--Surface Coating
                                     Operations at Shipbuilding and Ship
                                     Repair Facilities.
61 FR 44050; 8/27/96..............  Control Techniques Guidelines for
                                     Shipbuilding and Ship Repair
                                     Operations (Surface Coating).
EPA-453/R-97-004, 59 FR 29216; 6/   Aerospace MACT and Aerospace (CTG &
 06/94.                              MACT).
EPA-453/R-06-001..................  Control Techniques Guidelines for
                                     Industrial Cleaning Solvents.
EPA-453/R-06-002..................  Control Techniques Guidelines for
                                     Offset Lithographic Printing and
                                     Letterpress Printing.
EPA-453/R-06-003..................  Control Techniques Guidelines for
                                     Flexible Package Printing.
EPA-453/R-06-004..................  Control Techniques Guidelines for
                                     Flat Wood Paneling Coatings.
EPA 453/R-07-003..................  Control Techniques Guidelines for
                                     Paper, Film, and Foil Coatings.
EPA 453/R-07-004..................  Control Techniques Guidelines for
                                     Large Appliance Coatings.
EPA 453/R-07-005..................  Control Techniques Guidelines for
                                     Metal Furniture Coatings.
EPA 453/R-08-003..................  Control Techniques Guidelines for
                                     Miscellaneous Metal and Plastic
                                     Parts Coatings.
EPA 453/R-08-004..................  Control Techniques Guidelines for
                                     Fiberglass Boat Manufacturing
                                     Materials.
EPA 453/R-08-005..................  Control Techniques Guidelines for
                                     Miscellaneous Industrial Adhesives.
EPA 453/R-08-006..................  Control Techniques Guidelines for
                                     Automobile and Light-Duty Truck
                                     Assembly Coatings.
EPA 453/B16-001...................  Control Techniques Guidelines for
                                     the Oil and Natural Gas Industry.
------------------------------------------------------------------------
Major non-CTG VOC sources
Major non-CTG NOX sources
------------------------------------------------------------------------

C. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the 2017 RACT SIP including the above negative 
declarations because they fulfill the RACT SIP requirements under CAA 
sections 182(b) and (f) and 40 CFR 51.1112(a) and (b) for the 2008 
ozone NAAQS. We will accept comments from the public on this proposal 
until November 8, 2018. If we take final action to approve the 
submitted documents, our final action will incorporate them 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, 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:
     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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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

[[Page 50551]]

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, Volatile 
organic compounds.

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

    Dated: September 26, 2018.
Michael Stoker,
Regional Administrator, Region IX.
[FR Doc. 2018-21882 Filed 10-5-18; 8:45 am]
 BILLING CODE 6560-50-P
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