
[Federal Register Volume 78, Number 207 (Friday, October 25, 2013)]
[Proposed Rules]
[Pages 63934-63937]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25260]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0683; FRL-9902-01-Region9]


Approval of Air Quality Implementation Plans; California; El 
Dorado County Air Quality Management District; Reasonably Available 
Control Technology for Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by California for the El Dorado County Air Quality 
Management District (EDAQMD) portion of the California SIP. The 
submitted SIP revision contains the District's demonstrations regarding 
Reasonably Available Control Technology (RACT) requirements for the 
1997 8-hour ozone National Ambient Air Quality Standards (NAAQS). We 
are proposing to approve the submitted SIP revision under the Clean Air 
Act as amended in 1990 (CAA or the Act). We are taking comments on this 
proposal and plan to follow with a final action.

DATES: Any comments must arrive by November 25, 2013.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2013-0683, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email: steckel.andrew@epa.gov.
    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at www.regulations.gov, 
including any personal information provided, unless the comment 
includes Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Information that you 
consider CBI or otherwise protected should be clearly identified as 
such and should not be submitted through www.regulations.gov or email. 
www.regulations.gov is an ``anonymous access'' system, and EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send email directly to EPA, your email 
address will be automatically captured and included as part of the 
public comment. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment.
    Docket: Generally, documents in the docket for this action are 
available electronically at www.regulations.gov and in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California. While all 
documents in the docket are listed at www.regulations.gov, some 
information may be publicly available only at the hard copy location 
(e.g., copyrighted

[[Page 63935]]

material), and some may not be publicly available in either location 
(e.g., CBI). To inspect the hard copy materials, please schedule an 
appointment during normal business hours with the contact listed in the 
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Stanley Tong, EPA Region IX, (415) 
947-4122, tong.stanley@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to 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 RACT SIP submission?
II. EPA's Evaluation and Proposed Action
    A. How is EPA evaluating the RACT SIP submission?
    B. Does the RACT SIP submission meet the evaluation criteria?
    C. EPA Recommendations To Strengthen the SIP
    D. Proposed Action and Request for Public Comment
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What document did the State submit?

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

                       Table 1--Submitted Document
------------------------------------------------------------------------
    Local agency              Document            Adopted     Submitted
------------------------------------------------------------------------
EDAQMD..............  EDAQMD Reasonably            02/06/07     07/11/07
                       Available Control
                       Technology (RACT) State
                       Implementation Plan
                       (SIP) Update Analysis
                       Staff Report (``2006
                       RACT SIP'').
------------------------------------------------------------------------

    EDAQMD's RACT SIP submittal became complete by operation of law 
under CAA section 110(k)(1)(B) on January 11, 2008.

B. Are there other versions of this document?

    There is no previous version of this document in the El Dorado 
portion of the California SIP.

C. What is the purpose of the RACT SIP submission?

    Volatile organic compounds (VOCs) and nitrogen oxides 
(NOX) help produce ground-level ozone and smog, which harm 
human health and the environment. Section 110(a) of the CAA requires 
States to submit enforceable 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 require 
implementation of RACT for any source covered by a Control Techniques 
Guideline (CTG) document and any other major stationary source of VOCs 
or NOX. The EDAQMD is subject to this requirement as it is 
designated and classified as a severe ozone nonattainment area for the 
1997 8-hour ozone NAAQS. 40 CFR 81.305; 69 FR 23858 at 23887 (April 30, 
2004) (final rule designating and classifying the Sacramento Metro 
area, which includes the El Dorado County AQMD, as serious 
nonattainment for the 1997 8-hour ozone NAAQs); 75 FR 24409 (May 5, 
2010) (final rule reclassifying Sacramento Metro area as severe-15 
nonattainment for the 1997 8-hour ozone NAAQS). Therefore, the EDAQMD 
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 EDAQMD nonattainment area. Any stationary 
source that emits or has a 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 182(d), (f).
    Section IV.G. of EPA's final rule to implement the 1997 8-hour 
ozone NAAQS (70 FR 71612, November 29, 2005) discusses RACT 
requirements. It states in part that where a RACT SIP is required, 
States implementing the 8-hour standard generally must assure that RACT 
is met either through a certification that previously required RACT 
controls represent RACT for 8-hour implementation purposes or through a 
new RACT determination. The submitted document provides EDAQMD's 
analyses of its compliance with the CAA section 182 RACT requirements 
for the 1997 8-hour ozone NAAQS. EPA's technical support document 
(TSD)(``2006 RACT SIP TSD'') has more information about the District's 
submission and EPA's evaluation thereof.

II. EPA's Evaluation and Proposed Action

A. How is EPA evaluating the RACT SIP submission?

    Rules and guidance documents that we use to evaluate CAA section 
182 RACT SIPs include the following:
    1. ``Final Rule to Implement the 8-Hour Ozone National Ambient Air 
Quality Standard--Phase 2'' (70 FR 71612; November 29, 2005).
    2. ``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).
    3. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations: Clarification to Appendix D of November 24, 1987 Federal 
Register, May 25, 1988, U.S. EPA, Air Quality Management Division, 
Office of Air Quality Planning and Standards (``The Blue Book'').
    4. Guidance Document for Correcting Common VOC and Other Rule 
Deficiencies, August 21, 2001, U.S. EPA Region IX (the ``Little 
Bluebook'').
    5. ``State Implementation Plans; Nitrogen Oxides Supplement to the 
General Preamble for the Implementation of Title I of the Clean Air Act 
Amendments of 1990'' (57 FR 55620, November 25, 1992) (``the 
NOX Supplement'').
    6. RACT SIPs, Letter dated March 9, 2006 from EPA Region IX (Andrew 
Steckel) to CARB (Kurt Karperos) describing Region IX's understanding 
of what constitutes a minimally acceptable RACT SIP.
    7. Memorandum from William T. Harnett to Regional Air Division 
Directors, (May 18, 2006), ``RACT Qs & As--Reasonably Available Control 
Technology (RACT) Questions and Answers''.
    8. RACT SIPs, Letter dated April 4, 2006 from EPA Region IX (Andrew 
Steckel) to CARB (Kurt Karperos) listing EPA's current CTGs, ACTs, and 
other documents which may help to establish RACT.
    With respect to major stationary sources, EPA evaluated the 2006 
RACT SIP submission in accordance with the major source threshold (25 
tons per year) that applies in severe ozone nonattainment areas. CAA 
182(d), (f).

B. Does the RACT SIP submission meet the evaluation criteria?

    The 2006 RACT SIP provides the District's conclusion that the 
applicable SIP for the El Dorado County AQMD

[[Page 63936]]

satisfies CAA section 182 RACT requirements for the 1997 8-hour ozone 
NAAQS. This conclusion is based on the District's analysis of SIP-
approved requirements that apply to: (1) CTG source categories; and (2) 
major stationary sources of NOX or VOC emissions. See 2006 
RACT SIP Staff Report at Table B and Appendix A.
    First, with respect to CTG source categories, Appendix A of the 
2006 RACT SIP Staff Report lists all CTG source categories and matches 
those CTG categories with corresponding District rules which implement 
RACT. EDAQMD also searched its database of permitted sources and 
Standard Industrial Classification (SIC) codes and other source data 
and emission inventory data for potential sources belonging to those 
CTG categories for which the District did not have rules. Based on 
these evaluations, the District's analysis indicated that except for 
the metal parts and products category, there were no CTG source 
categories for which the District had sources but no applicable RACT 
requirement. See 2006 RACT SIP at 7. Recent discussions with EDAQMD 
revealed that emissions at its metal parts coating facilities are below 
the applicability threshold for the CTG. Specifically, one facility 
emitted 0.24 tons and 0.28 tons of VOCs in 2010 and 2011 and another 
facility emitted 0.7 tons of VOCs in 2011,\1\ well below the CTG's 
applicability threshold of 10 tons per year. EDAQMD should submit a 
negative declaration for the metal parts CTG.
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    \1\ See email dated February 29, 2012 from Stanley Tong (EPA 
Region 9) to Adam Baughman (El Dorado AQMD).
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    We reviewed CARB's emissions inventory database for other potential 
CTG and/or major non-CTG sources not included in EDAQMD's analysis and 
did not identify any additional CTG source category or major source in 
the District that is subject to section 182 RACT.
    It should be noted that EDAQMD does not have many significant air 
pollution sources and has submitted a number of negative declarations. 
Not including gasoline stations, print shops, autobody shops and dry 
cleaners, CARB's 2007 emissions inventory for EDAQMD only lists six 
facilities. Included in the six is EDAQMD's only major source, Sierra 
Pacific sawmill, which shut operations in 2009 and has not 
restarted.\2\ The next largest source in EDAQMD is a landfill which 
emitted 4.2 tpy VOCs and 2.1 tpy NOX in 2010, according to 
CARB's 2010 emissions inventory.
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    \2\ Sierra Pacific Industries does not appear in CARB's 2010 
emissions inventory. http://www.arb.ca.gov/app/emsinv/facinfo/facinfo.php
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    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. Table 1 below lists all of 
the source categories for which EDAQMD's 2006 RACT SIP provides 
negative declarations.

                  Table 1--EDAQMD Negative Declarations
------------------------------------------------------------------------
          CTG source category                   CTG document title
------------------------------------------------------------------------
Aerospace..............................  EPA-453/R-97-004--Control of
                                          VOC Emissions from Coating
                                          Operations at Aerospace
                                          Manufacturing and Rework.
Automobile Coating; Metal Coil           EPA-450/2-77-008--Control of
 Container, & Closure; Paper & Fabric.    Volatile Organic Emissions
                                          from Existing Stationary
                                          Sources--Volume II Surface
                                          Coating of Cans, Coils, Paper,
                                          Fabrics, Automobiles, and
                                          Light-Duty Trucks.
Large Appliances.......................  EPA-450/2-77-034--Control of
                                          Volatile Organic Emissions
                                          from Existing Stationary
                                          Sources, Volume V: Surface
                                          Coating of Large Appliances.
Magnet Wire............................  EPA 450/2-77-033--Control of
                                          Volatile Organic Emissions
                                          from Existing Stationary
                                          Sources, Volume IV: Surface
                                          Coating of Insulation of
                                          Magnet Wire.
Metal Furniture........................  EPA-450/2-77-032--Control of
                                          Volatile Organic Emissions
                                          from Existing Stationary
                                          Sources, Volume III: Surface
                                          Coating of Metal Furniture.
Ships..................................  61 FR 44050 Shipbuilding and
                                          Ship Repair Operations
                                          (Surface Coating).
Wood Coating: Factory Surface Coating    EPA 450/2-78-032--Control of
 of Flat Wood Paneling.                   Volatile Organic emissions
                                          from Existing Stationary
                                          Sources, Volume VII: Factory
                                          Surface Coating of Flat Wood
                                          Paneling.
Wood Furniture.........................  EPA 453/R-96-007--Control of
                                          VOC Emissions from Wood
                                          Furniture Manufacturing
                                          Operations.
Natural Gas/Gasoline...................  EPA-450/2-83-007--Control of
                                          VOC Equipment Leaks from
                                          Natural Gas/Gasoline
                                          Processing Plants.
Refineries.............................  EPA-450/2-77-025--Control of
                                          Refinery Vacuum Producing
                                          Systems, Wastewater
                                          Separators, and Process Unit
                                          Turnarounds.
                                         EPA-450/2-78-036--Control of
                                          VOC Leaks from Petroleum
                                          Refinery Equipment.
Synthetic Organic Chemical.............  EPA-450/3-84-015--Control of
                                          VOC Emissions from Air
                                          Oxidation Processes in
                                          Synthetic Organic Chemical
                                          Manufacturing Industry.
                                         EPA-450/4-91-031--Control of
                                          VOC Emissions from Reactor
                                          Processes and Distillation
                                          Operations in SOCMI.
Tanks..................................  EPA-450/2-77-036--Control of
                                          VOC Emissions from Storage of
                                          Petroleum Liquids in Fixed
                                          Roof Tanks.
                                         EPA-450/2-78-047--Control of
                                          VOC Emissions from Petroleum
                                          Liquid Storage in External
                                          Floating Roof Tanks.
Dry Cleaning...........................  EPA-450/3-82-009--Control of
                                          VOC Emissions from Large
                                          Petroleum Dry Cleaners.
Pharmaceutical Products................  EPA-450/2-78-029--Control of
                                          Volatile Organic Emissions
                                          from Manufacture of
                                          Synthesized Pharmaceutical
                                          Products.

[[Page 63937]]

 
Polyester Resin........................  EPA-450/3-83-008--Control of
                                          VOC Emissions from Manufacture
                                          of High-Density Polyethylene,
                                          Polypropylene, and Polystyrene
                                          Resins.
                                         EPA-450/3-83-006--Control of
                                          VOC Fugitive Emissions from
                                          Synthetic Organic Chemical
                                          Polymer and Resin
                                          Manufacturing Equipment.
Rubber Tires...........................  EPA-450/2-78-030--Control of
                                          Volatile Organic Emissions
                                          from Manufacture of Pneumatic
                                          Rubber Tires.
------------------------------------------------------------------------
Source: 2006 RACT SIP at 9.

    We are proposing to find that the EDAQMD 2006 RACT SIP submission, 
including all of these negative declarations, adequately demonstrates 
that the applicable SIP rules for all CTG source categories operating 
within the El Dorado AQMD satisfy RACT and that there are no existing 
major stationary sources of NOx or VOC in El Dorado County 
subject to RACT for the 1997 8-hour ozone NAAQS.

C. EPA Recommendations to Strengthen the SIP

    We recommend strengthening the solvent cleaning limits in Rule 225, 
``Solvent Cleaning Operations (Degreasing)'' and coating limits in Rule 
215, ``Architectural Coatings,'' to more closely match corresponding 
requirements adopted by the Sacramento Metro AQMD and Placer County Air 
Pollution Control District.\3\ These recommendations will strengthen 
the SIP, but are not required to satisfy RACT. We discuss these 
recommendations further in our 2006 RACT SIP TSD.
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    \3\ See Sacramento Metro AQMD Rule 466, Solvent Cleaning, 
section 301.1 which specifies a 25 grams/liter VOC limit for general 
solvent cleaning; 40 CFR Part 59, subpart D, National Volatile 
Organic Compound Emission Standards for Architectural Coatings; and 
CARB's suggested control measures for architectural coatings at: 
http://www.arb.ca.gov/coatings/arch/Approved_2007_SCM.pdf.
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D. Proposed Action and Request for Public Comment

    Based on the evaluations discussed above and more fully in our 2006 
RACT SIP TSD, we are proposing to conclude that EDAQMD's 2006 RACT SIP 
submission satisfies CAA section 182 RACT requirements for the 1997 8-
hour ozone NAAQS and to fully approve this submission into the 
California SIP pursuant to section 110(k)(3) of the Act. We will accept 
comments from the public on this proposal for the next 30 days. Unless 
we receive convincing new information during the comment period, we 
intend to publish a final approval action that will incorporate this 
RACT submission into the federally enforceable SIP.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. 
This 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 Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, with practical and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this proposed action does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: September 25, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2013-25260 Filed 10-24-13; 8:45 am]
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