[Federal Register Volume 84, Number 209 (Tuesday, October 29, 2019)]
[Rules and Regulations]
[Pages 57822-57824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23377]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2019-0147; FRL-10001-32-Region 9]
Air Plan Approval; California; Calaveras County Air Pollution
Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the Calaveras County Air Pollution
Control District (CCAPCD) portion of the California State
Implementation Plan (SIP). This revision concerns reporting of
emissions of volatile organic compounds (VOCs) and oxides of nitrogen
(NOX) in ozone nonattainment areas. We are approving a local
rule that applies to certain emission sources under the Clean Air Act
(CAA or the Act).
DATES: This rule will be effective on November 29, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2019-0147. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, 75
Hawthorne Street, San Francisco, CA 94105. By phone: (415) 972-3848 or
by email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
The CCAPCD is a ``Marginal'' nonattainment area for the 2008 and
2015 ozone national ambient air quality standards (NAAQS). CAA section
182(a)(3)(B)(i) requires states with ozone nonattainment areas to
require certified emission statements from stationary sources of VOC
and NOX. Pursuant to this requirement, the EPA proposed to
approve the following rule submitted by the CCAPCD into the California
SIP on May 8, 2019 (84 FR 20071).
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Local agency Rule No. Rule title Adopted Submitted
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CCAPCD........................ 513 Source Recordkeeping and 06/26/2018 11/21/2018
Emission Statement.
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Rule 513 requires the owner or operator of any stationary source
that emits or may emit VOC or NOX to provide the District
Air Pollution Control Officer with a certified, written emissions
statement showing actual emissions or operational data allowing the
District to estimate actual emissions from that source. We proposed to
approve this rule because we determined that it complies with the
relevant CAA requirements. We approved an earlier version of Rule 513,
then numbered Rule 408 ``Source Recordkeeping and Reporting,'' into the
SIP on May 11, 1977 (42 FR 23804). Our proposed action contains more
information on the rule and our evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period
that closed on June 7, 2019. During this period, we received two
comments. One comment supported the proposed action, and the EPA does
not provide a response to this comment. The remaining comment is
summarized below, with the EPA response:
Comment: The commenter states that the EPA should not approve the
rule because it does not require recordkeeping retention. The commenter
states that New Source Performance Standard (NSPS) and National
Emission Standards for Hazardous Air Pollutants (NESHAP) rules require
a 5-year record retention period, and that guidance documents we
reference say that records should be kept for five years. Commenter
cites a prior version of the proposed rule that required a 2-year
record retention period.
Response: Generally, the EPA requires records retention periods for
certain types of rules (such as NSPS and NESHAP) so that an inspector
can review records at a later date if any compliance issues arise with
required emission limits, control measures, or test methods. For
example, if a landfill facility claimed to have been complying with the
Municipal Solid Waste Landfill NSPS (40 CFR part 60, subpart WWW) in
the last 5 years by routing all of its collected gas to a control
system designed and operated to reduce nonmethane organic compounds
[[Page 57823]]
(NMOC) by 98%,\1\ an inspector would need records to verify the
percentage reduction of NMOC achieved by the control device during that
time,\2\ and records of the average combustion temperature measured at
least every 15 minutes to compare to the temperature during the
performance test.\3\
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\1\ 40 CFR part 60, subpart WWW--Standards of Performance for
Municipal Solid Waste Landfills at Sec. 60.752(b)(2)(iii)(B).
\2\ 40 CFR 60.758(b)(2)(ii).
\3\ 40 CFR 60.758(b)(2)(i).
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However, unlike a rule that is prohibitory in nature, i.e., that
limits or controls the activity of a source of air pollution and
requires recordkeeping to verify compliance with CAA requirements,
Calaveras County Rule 513 is an annual emissions reporting rule that is
administrative in nature and does not require recordkeeping to verify
compliance. While the EPA generally recommends recordkeeping as a best
practice, the measure of compliance for the source per Rule 513 is
whether the source reports its emissions annually to the District (or
State); therefore, a records retention period is not required to
determine compliance with the rule. Further, the text of CAA section
182(a)(3)(B)(i) does not mention records retention requirements and the
EPA is aware of no regulations or guidance, including the guidance
cited in our proposed rulemaking, mandating that states must impose
records retention requirements on sources in their SIP submission
addressing emissions statements under CAA section 182(a)(3)(B)(i).
III. EPA Action
No comments were submitted that change our assessment of the rule
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is fully approving this rule into
the California SIP.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Calaveras County rule described in the amendments to 40 CFR part 52 set
forth below. The EPA has made, and will continue to make, these
documents 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).
V. 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 action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive 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, as appropriate, disproportionate human health or
environmental effects, using practicable 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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 30, 2019. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: October 4, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
[[Page 57824]]
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(28)(iv)(E) and
(c)(527) to read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(28) * * *
(iv) * * *
(E) Previously approved on May 11, 1977 in paragraph (c)(28)(iv)(A)
of this section and now deleted with replacement in paragraph
(c)(527)(i)(A)(1) of this section, Rule 408, ``Source Recordkeeping and
Reporting,'' effective December 16, 1974.
* * * * *
(527) New regulations for the following APCDs were submitted on
November 21, 2018 by the Governor's designee.
(i) Incorporation by reference. (A) Calaveras County Air Pollution
Control District.
(1) Rule 513, ``Source Recordkeeping and Emission Statement,''
adopted on June 26, 2018.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
[FR Doc. 2019-23377 Filed 10-28-19; 8:45 am]
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