[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
----------------------------------------------------------------------------------------------------------------
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]
 BILLING CODE 6560-50-P


