[Federal Register Volume 84, Number 213 (Monday, November 4, 2019)]
[Proposed Rules]
[Pages 59331-59335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23828]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2019-0528; FRL-10001-68-Region 9]
Air Plan Approval; California; Northern Sierra Air Quality
Management District; Reasonably Available Control Technology
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Northern Sierra Air Quality Management
District (NSAQMD or ``District'') portion of the California
[[Page 59332]]
State Implementation Plan (SIP) under the Clean Air Act (CAA or ``the
Act''). 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 or
``standards'') in the Western Nevada County ozone nonattainment area,
which is under the jurisdiction of the NSAQMD. We are taking comments
on this proposal and plan to follow with a final action.
DATES: Any comments must arrive by December 4, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2019-0528 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, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4122 or by
email at [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 document meet the evaluation criteria?
C. The EPA's Recommendations To Further Improve the RACT SIP
D. Public Comment and Proposed Action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What document did the State submit?
On March 26, 2018, the NSAQMD adopted the ``Reasonably Available
Control Technology (RACT) State Implementation Plan (SIP) Revision for
Western Nevada County 8-Hour Ozone Nonattainment Area'' (``2018 RACT
SIP''), and on June 7, 2018, the California Air Resources Board (CARB)
submitted it to the EPA for approval as a revision to the California
SIP. On November 29, 2018, the EPA determined that the submittal for
the NSAQMD's 2018 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 NSAQMD
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) contribute to the production of 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 VOCs and NOX emissions. CAA
sections 182(b)(2) and (f) require that SIPs for areas designated
nonattainment for the ozone NAAQS and 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 NSAQMD is subject to this RACT SIP requirement, as the District
regulates the Western Nevada County, California, ozone nonattainment
area, which was classified as Moderate for the 2008 8-hour ozone NAAQS
on May 4, 2016. See 81 FR 26697, 26713. Therefore, to satisfy sections
182(b)(2) and (f) of the Act, the NSAQMD 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 ozone
nonattainment area that it regulates.
The EPA issued a final rule on August 23, 2019, in which it
reclassified Western Nevada County as ``Serious'' nonattainment for the
2008 ozone NAAQS. See 84 FR 44238, 44250. NSAQMD adopted its RACT SIP
in 2018, when it was still classified as a Moderate ozone nonattainment
area. However, in anticipation of the area being reclassified as a
Serious nonattainment area for the 2008 ozone NAAQS, the NSAQMD's 2018
RACT SIP evaluated whether the District had any major VOC/
NOX sources emitting at least 50 tons per year (tpy), which
is the major source threshold for ozone precursors for Serious ozone
nonattainment areas.\1\
---------------------------------------------------------------------------
\1\ Any stationary source that emits or has the potential to
emit at least 50 tpy of VOCs or NOX is a major stationary
source in a Serious ozone nonattainment area (CAA section 182(b)(2),
(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 2018 RACT SIP, including its negative
declarations, provide the NSAQMD'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) for this action has more
information about the District's 2018 RACT SIP submittal and the EPA's
evaluation thereof.
II. The EPA's Evaluation and Proposed Action
A. How is the EPA evaluating the submitted document?
Generally, 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 sections 182(b)(2) and (f), and 40 CFR 51.1112(a) and
(b)). The NSAQMD regulates an ozone nonattainment area classified as
Serious for the 2008 8-hour NAAQS (40 CFR 81.305) so the District's
rules must implement RACT. Because Western Nevada County was recently
reclassified as Serious nonattainment for the 2008 8-hour ozone NAAQS,
and because NSAQMD's 2018 RACT SIP provided an
[[Page 59333]]
analysis of RACT that addresses the requirements for a Serious area as
well as a Moderate area in anticipation of this reclassification, we
evaluated the 2018 RACT SIP submittal to determine whether it met RACT
requirements for a Serious ozone nonattainment area as well those for a
Moderate ozone nonattainment area. Specifically, as part of our
evaluation of the 2018 RACT SIP, we evaluated NSAQMD's 2018 RACT SIP
using the 50 tpy threshold for major stationary sources of VOC or
NOX in Serious ozone nonattainment areas.
As part of their RACT submittals, States should also submit for SIP
approval negative declarations for CTG source categories for which the
States 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.\2\
To do so, the RACT submittals should provide reasonable assurance that
no sources subject to the CTGs' requirements currently exist in the
relevant ozone nonattainment area.
---------------------------------------------------------------------------
\2\ 57 FR 13498, 13512 (April 16, 1992).
---------------------------------------------------------------------------
With respect to the NSAQMD, the District's analysis must
demonstrate that each major source of VOCs or NOX in the
Western Nevada County 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. EPA Office of Air Quality Planning and Standards, ``Issues
Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,''
May 25, 1988 (``the Bluebook,'' revised January 11, 1990).
3. ``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).
4. Memorandum dated May 18, 2006, from William T. Harnett,
Director, Air Quality Policy Division, to Regional Air Division
Directors, Subject: ``RACT Qs & As--Reasonably Available Control
Technology (RACT): Questions and Answers.''
5. ``Final Rule to Implement the 8-hour Ozone National Ambient Air
Quality Standard--Phase 2,'' 70 FR 71612 (November 29, 2005).
6. ``Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements,'' 80 FR
12264 (March 6, 2015).
B. Does the document meet the evaluation criteria?
The NSAQMD's 2018 RACT SIP provides the District's demonstration
that the applicable SIP for the Western Nevada County ozone
nonattainment area, which is under the jurisdiction of the NSAQMD,
satisfies CAA section 182 RACT requirements for the 2008 8-hour ozone
NAAQS. The District's conclusion is based on its analysis of SIP-
approved requirements that apply to the following: (1) Source
categories for which a CTG has been issued, and (2) major non-CTG
stationary sources of VOC or NOX emissions.
With respect to CTG source categories, the NSAQMD determined that
it only had sources subject to the CTGs covering gasoline service
stations and vapor recovery operations, gasoline tank truck vapor
tightness, and cutback asphalt. The District also stated that it no
longer had sources subject to the miscellaneous metal coating CTG, but
``. . . would like to keep the rule in the SIP for the 2008 standard in
case a new source opens . . .'' For each of these CTG source
categories, the District's submittal provided an analysis to support
the District's finding that a District rule previously approved by the
EPA into the SIP as RACT for Western Nevada County remains RACT for the
2008 8-hour ozone NAAQS. Specifically, Section 5 of NSAQMD's 2018 RACT
SIP provides a short discussion of the following District rules and why
they continue to implement RACT: Rule 214, ``Phase I Vapor Recovery
Requirements;'' Rule 215, ``Phase II Vapor Recovery System
Requirements;'' Rule 227, ``Cutback and Emulsified Asphalt Paving
Materials;'' and Rule 228, ``Surface Coating of Metal Parts and
Products.'' We reviewed NSAQMD's evaluation of its rules addressing the
CTG source categories that are subject to RACT \3\ in Western Nevada
County. We agree that the District's rules are generally consistent
with the CTGs and recently adopted rules in other air districts, and
therefore satisfy CAA RACT requirements for the 2008 8-hour ozone
NAAQS. With respect to the CTG for Miscellaneous Metal and Plastic
Parts Coating, the 2018 RACT SIP states that the District has no
sources subject to Tables 3-6 of this CTG, and is adopting negative
declarations for coatings covered by those tables. The 2018 RACT SIP
also states that the only source in the Western Nevada County ozone
nonattainment area that was subject to the CTG's Table 2 ``Metal Parts
and Products'' has closed, but the District did not adopt a negative
declaration for the category sources subject to Table 2, and stated its
preference to leave the applicable rule--Rule 228--in the RACT SIP. We
agree that Rule 228's VOC content limits are consistent with Table 2 of
the CTG and the rule continues to meet RACT.
---------------------------------------------------------------------------
\3\ The NSAQMD rules and corresponding CTGs are as follows.
District Rule 214, ``Phase I Vapor Recovery Requirements'',
corresponds to the CTGs entitled ``Design Criteria for Stage I Vapor
Control Systems--Gasoline Service Stations'' (EPA-450/R-75-102) and
``Control of Volatile Organic Compound Leaks from Gasoline Tank
Trucks and Vapor Collection Systems'' (EPA-450/2-78-051). District
Rule 227, ``Cutback and Emulsified Asphalt Paving Materials,''
corresponds to the CTG entitled ``Control of Volatile Organic
Compounds from Use of Cutback Asphalt'' (EPA-450/2-77-37). District
Rule 228, ``Surface Coating of Metal Parts and Products'',
corresponds to the source category in Table 2 of the CTG entitled
``Control of Volatile Organic Emissions from Existing Stationary
Sources, Volume VI: Surface Coating of Miscellaneous Metal Parts and
Products, and Control Techniques Guidelines for Miscellaneous Metal
and Plastic Parts Coatings'' (EPA-453/R-08-003). We note that while
NSAQMD also reviewed Rule 215, ``Phase II Vapor Recovery System
Requirements,'' as meeting RACT, and the EPA has approved the rule
as meeting RACT, the EPA has not published a CTG for vehicle
refueling operations.
---------------------------------------------------------------------------
Where there are no existing sources covered by a particular CTG
document, 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. States may also use
negative declarations to certify that there are no major non-CTG
sources subject to RACT, where applicable. NSAQMD's 2018 RACT SIP
contains a table listing the EPA's CTGs and annotates those CTGs for
which the District is adopting a negative declaration, indicating that
the District has no sources subject to the applicable CTG for the 2008
8-hour ozone NAAQS. These negative declarations are listed in Table 1
below. The District concludes that it has no sources subject to the
relevant CTGs, based on a review of its permit files and emission
inventory, as well as business listings and county planning records.
[[Page 59334]]
In addition, the 2018 RACT SIP states ``there are no major sources
(that emit or have the potential to emit 50 tons or more per year) of
ozone precursors located in the nonattainment area. . . .'' \4\ In
another portion of its 2018 RACT SIP, NSAQMD states ``[t]he largest
stationary source of ozone precursors in the Western Nevada County
ozone nonattainment area is currently a gas station that emits under 2
tons of precursors per year.'' \5\
---------------------------------------------------------------------------
\4\ 2018 RACT SIP, 1, 5, and 12.
\5\ Id. at 1.
---------------------------------------------------------------------------
We reviewed CARB's emissions inventory for the NSAQMD and also
performed a general internet search for potential sources subject to
selected CTGs in Western Nevada County. Based on our review, we agree
with the District's negative declarations in its 2018 RACT SIP. We
found that CARB's emissions inventory for the years 2014-2017 showed
that the largest VOC and NOX emitting stationary source in
the Western Nevada County ozone nonattainment area emitted less than 2
tpy of VOC and NOX. Our TSD has more information on our
evaluation of the 2018 RACT SIP. Table 1 below summarizes the CTG
categories for which NSAQMD has provided negative declarations.
Table 1--NSAQMD Negative Declarations
----------------------------------------------------------------------------------------------------------------
EPA document No. Title
----------------------------------------------------------------------------------------------------------------
EPA-450/2-77-008.................................... Surface Coating of Cans.
EPA-450/2-77-008.................................... Surface Coating of Coils.
EPA-450/2-77-008.................................... Surface Coating of Paper.
EPA-450/2-77-008.................................... Surface Coating of Fabric.
EPA-450/2-77-008.................................... Surface Coating of Automobiles and Light-Duty Trucks.
EPA-450/2-77-022.................................... Solvent Metal Cleaning.
EPA-450/2-77-025.................................... Refinery Vacuum Producing Systems, Wastewater Separators,
and Process Unit Turnarounds.
EPA-450/2-77-026.................................... Tank Truck Gasoline Loading Terminals.
EPA-450/2-77-032.................................... Surface Coating of Metal Furniture.
EPA-450/2-77-033.................................... Surface Coating of Insulation of Magnet Wire.
EPA-450/2-77-034.................................... Surface Coating of Large Appliances.
EPA-450/2-77-035.................................... Bulk Gasoline Plants.
EPA-450/2-77-036.................................... Storage of Petroleum Liquids in Fixed-Roof Tanks.
EPA-450/2-78-029.................................... Manufacture of Synthesized Pharmaceutical Products.
EPA-450/2-78-030.................................... Manufacture of Pneumatic Rubber Tires.
EPA-450/2-78-032.................................... Factory Surface Coating of Flat Wood Paneling.
EPA-450/2-78-033.................................... Graphic Arts-Rotogravure and Flexography.
EPA-450/2-78-036.................................... Leaks from Petroleum Refinery Equipment.
EPA-450/2-78-047.................................... Petroleum Liquid Storage in External Floating Roof Tanks.
EPA-450/3-82-009.................................... Large Petroleum Dry Cleaners.
EPA-450/3-83-006.................................... Leaks from Synthetic Organic Chemical Polymer and Resin
Manufacturing Equipment.
EPA-450/3-83-007.................................... Leaks from Natural Gas/Gasoline Processing Plants.
EPA-450/3-83-008.................................... Manufacture of High-Density Polyethylene, Polypropylene,
and Polystyrene Resins.
EPA-450/3-84-015.................................... Air Oxidation Processes in Synthetic Organic Chemical
Manufacturing Industry.
EPA-450/4-91-031.................................... Reactor Processes and Distillation Operations in Synthetic
Organic Chemical Manufacturing Industry.
EPA-453/R-96-007.................................... Wood Furniture Manufacturing Operations.
EPA-453/R-94-032; 61 FR 44050; 8/27/96.............. ACT Surface Coating at Shipbuilding and Ship Repair
Facilities Shipbuilding and Ship Repair Operations
(Surface Coating).
EPA-453/R-97-004; 59 FR 29216; 6/06/94.............. Aerospace MACT and Aerospace (CTG & MACT).
EPA-453/R-06-001.................................... Industrial Cleaning Solvents.
EPA-453/R-06-002.................................... Offset Lithographic Printing and Letterpress Printing.
EPA-453/R-06-003.................................... Flexible Package Printing.
EPA-453/R-06-004.................................... Flat Wood Paneling Coatings.
EPA 453/R-07-003.................................... Paper, Film, and Foil Coatings.
EPA 453/R-07-004.................................... Large Appliance Coatings.
EPA 453/R-07-005.................................... Metal Furniture Coatings.
EPA 453/R-08-003.................................... Miscellaneous Metal Parts and Plastic Parts Coatings,
Tables 3-6.
EPA 453/R-08-004.................................... Fiberglass Boat Manufacturing Materials.
EPA 453/R-08-005.................................... Miscellaneous Industrial Adhesives.
EPA 453/R-08-006.................................... Automobile and Light-Duty Truck Assembly Coatings.
EPA 452/B16-001..................................... Oil and Natural Gas Industry.
--N/A--............................................. Major non-CTG VOC sources.
--N/A--............................................. Major non-CTG NOX sources.
----------------------------------------------------------------------------------------------------------------
C. The EPA's Recommendations To Further Improve the RACT SIP
Our TSD includes recommendations to improve the RACT SIP for the
upcoming 2015 8-hour ozone NAAQS. These recommendations include, among
other things, that the District consider amending Rule 214, ``Phase 1
Vapor Recovery'', to require recordkeeping for facilities that use the
rule's throughput exemption threshold, and that the District evaluate
whether additional negative declarations can be adopted for the
cutback/emulsified asphalt and miscellaneous metal and plastic parts
CTGs.
D. Public Comment and Proposed Action
As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the 2018 RACT SIP, including the negative declarations
listed in Table 1, because it fulfills the RACT SIP requirements under
CAA sections
[[Page 59335]]
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 December
4, 2019. If we take final action to approve the submitted document, our
final action will incorporate this document into the federally
enforceable SIP.
III. Statutory and Executive Order Reviews
Under the CAA, 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,
if they meet the criteria of the 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 CAA; 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,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 21, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2019-23828 Filed 11-1-19; 8:45 am]
BILLING CODE 6560-50-P