Proposed Rule2023-28525
Air Plan Approval; California; Yolo-Solano Air Quality Management District
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 27, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve, through parallel processing, state implementation plan (SIP) revisions from the Yolo-Solano Air Quality Management District (YSAQMD or "District") to address Clean Air Act (CAA or "Act") requirements related to the 2008 8-hour ozone national ambient air quality standards (NAAQS or "standards"). These revisions concern emissions of oxides of nitrogen (NO<INF>X</INF>) from biomass boilers, and also address reasonably available control technology (RACT) requirements for major sources of NO<INF>X</INF> in the portion of the Sacramento Metro, CA, nonattainment area that is subject to YSAQMD jurisdiction. We are taking comments on this proposal and plan to follow with a final action.
Full Text
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<title>Federal Register, Volume 88 Issue 247 (Wednesday, December 27, 2023)</title>
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[Federal Register Volume 88, Number 247 (Wednesday, December 27, 2023)]
[Proposed Rules]
[Pages 89351-89355]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28525]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2023-0590; FRL-11615-01-R9]
Air Plan Approval; California; Yolo-Solano Air Quality Management
District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve, through parallel processing, state implementation plan (SIP)
revisions from the Yolo-Solano Air Quality Management District (YSAQMD
or ``District'') to address Clean Air Act (CAA or ``Act'') requirements
related to the 2008 8-hour ozone national ambient air quality standards
(NAAQS or ``standards''). These revisions concern emissions of oxides
of nitrogen (NO<INF>X</INF>) from biomass boilers, and also address
reasonably available control technology (RACT) requirements for major
sources of NO<INF>X</INF> in the portion of the Sacramento Metro, CA,
nonattainment area that is subject to YSAQMD jurisdiction. We are
taking comments on this proposal and plan to follow with a final
action.
DATES: Comments must be received on or before January 26, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2023-0590 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. For comments submitted at
<a href="http://Regulations.gov">Regulations.gov</a>, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. 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
[[Page 89352]]
<a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. If you need
assistance in a language other than English or if you are a person with
a disability who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Eugene Chen, EPA Region IX, 75
Hawthorne Street (AIR-3-3), San Francisco, CA 94105. By phone: (415)
947-4304 or by email at <a href="/cdn-cgi/l/email-protection#03606b666d2d667664666d66436673622d646c75"><span class="__cf_email__" data-cfemail="117279747f3f746476747f74517461703f767e67">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. The State's Submittal
A. What documents did the State submit?
B. Are there other versions of the submitted documents?
C. What is the purpose of the submitted documents?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the submitted documents?
B. Do the submitted documents meet the evaluation criteria?
C. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What documents did the State submit?
Table 1 lists the documents addressed by this proposal with the
dates that they were adopted by the local air agency and submitted by
the California Air Resources Board (CARB).
Table 1--Submitted Documents
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Document/
Local agency rule No. Document title Revised Submitted
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YSAQMD.............................. ........... Reasonably Available Control 09/13/2017 11/13/2017
Technology (RACT) State
Implementation Plan (SIP) Analysis
for the 2008 Federal Ozone
Standard (``2017 RACT SIP'').
YSAQMD.............................. 2.43 Biomass Boilers (public draft ........... 11/27/2023
version submitted for parallel
processing).
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On September 13, 2017, the YSAQMD adopted the ``Reasonably
Available Control Technology (RACT) State Implementation Plan (SIP)
Analysis for the 2008 Federal Ozone Standard'' (``2017 RACT SIP'') to
demonstrate that its stationary sources are subject to RACT rules for
the 2008 8-hour ozone NAAQS. On November 13, 2017, the California Air
Resources Board (CARB) submitted the 2017 RACT SIP to the EPA for
approval as a revision to the California SIP. The EPA determined that
the negative declarations portion of the 2017 RACT SIP met the SIP
submittal completeness criteria in 40 CFR part 51, Appendix V on April
11, 2018.\1\ The EPA determined that the remaining elements of the 2017
RACT SIP met the SIP completeness criteria on August 23, 2018.\2\
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\1\ Letter dated April 11, 2018, from Elizabeth J. Adams, Acting
Director, Air Division, EPA Region IX, to Richard Corey, Executive
Officer, CARB. A ``negative declaration'' is an assertion by a state
or district that a nonattainment area contains no sources covered by
a particular control techniques guidelines (CTG) document.
\2\ Letter dated August 23, 2018, from Elizabeth J. Adams,
Acting Director, Air Division, EPA Region IX, to Richard Corey,
Executive Officer, CARB.
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On November 27, 2023, CARB submitted a public draft version of
amendments to Rule 2.43, ``Biomass Boilers,'' along with a request for
parallel processing.\3\ The EPA has reviewed the submitted public draft
version of Rule 2.43 and finds that it fulfills the completeness
criteria of appendix V, with the exception of the requirements of
paragraphs 2.1(e)-2.1(h), which do not apply to rules submitted for
parallel processing. CARB's November 27, 2023 letter states that the
YSAQMD Governing Board was scheduled to consider adoption of the
amended rule on December 13, 2023, and that if it was approved, CARB
would submit the final package to the EPA as a revision to the SIP.
While our evaluation of Rule 2.43 herein is based on the public draft
of the rule submitted by CARB on November 27, 2023, the YSAQMD
Governing Board has since approved the rule amendments from this draft,
and the EPA is now awaiting the final rule submittal from CARB.
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\3\ ``Parallel processing'' refers to a process established
under section 2.3 of Appendix V to 40 CFR part 51 that utilizes
concurrent state and federal proposed rulemaking actions. Generally,
the state submits a copy of the proposed regulation or other
revisions to the EPA before conducting its public hearing and
completing its public comment process under state law. The EPA
reviews this proposed state or district action and prepares a notice
of proposed rulemaking under federal law. In some cases, the EPA
publishes its notice of proposed rulemaking in the Federal Register
during the same timeframe that the state or District is holding its
own public hearing and public comment process. If, after completing
its public comment process and after the EPA's public comment
process has run, the state materially changes its final SIP
submission to the EPA from the initial proposed submission, the EPA
evaluates those changes and decides whether to publish another
notice of proposed rulemaking in light of those changes or to
proceed to taking final action on its proposed action with a
description of the state's changes. Any final rulemaking action by
the EPA will occur only after the state formally adopts and submits
its final submission to the EPA.
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B. Are there other versions of the submitted documents?
On June 30, 2023, we took final action to partially approve and
partially disapprove the 2017 RACT SIP.\4\ Our partial disapproval
related solely to the RACT element for major sources of NO<INF>X</INF>
that we are now proposing to approve in this action.
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\4\ 88 FR 42252.
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We approved an earlier version of Rule 2.43 into the SIP on July 2,
2012.\5\ The District adopted amendments to the SIP-approved version of
Rule 2.43 on April 12, 2023, and CARB submitted these amendments to the
EPA on June 8, 2023. We will consider this earlier submittal to be
superseded, by the time of our final action, by the version of Rule
2.43 that has been submitted for parallel processing once it is
submitted to the EPA as a SIP revision. Therefore, we are proposing to
act only on the version of the rule submitted on November 27, 2023,
which includes all revisions made in the June 8, 2023 submittal.
However, we have reviewed materials provided with the June 8, 2023
submittal, and our evaluation below considers the amendments made in
that version of the rule.
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\5\ 77 FR 39181. The EPA published a correcting amendment on
March 28, 2018 (83 FR 13190) that corrected an error in the
regulatory text of the July 2, 2012 final action.
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C. What is the purpose of the submitted documents?
Emissions of NO<INF>X</INF> contribute to the production of ground-
level ozone, smog and particulate matter (PM), which harm human health
and the environment. Section 110(a) of the CAA requires states to
submit plans that provide for implementation, maintenance, and
enforcement of the NAAQS. In addition, CAA sections 182(b)(2) and (f)
require that SIPs for ozone nonattainment areas classified as
``Moderate'' or higher implement RACT for any category of sources
covered by a control techniques guidelines (CTG)
[[Page 89353]]
document and for any major source of volatile organic compounds (VOCs)
or NO<INF>X</INF>. The YSAQMD regulates the Yolo and Solano County
portions of the Sacramento Metro, CA, ozone nonattainment area, which
is classified as ``Severe'' nonattainment for the 2008 ozone NAAQS.\6\
Therefore, the YSAQMD must, at a minimum, ensure that all categories of
sources covered by a CTG document and all major sources of VOCs or
NO<INF>X</INF> within the District implement RACT-level controls. Any
stationary source that emits or has the potential to emit at least 25
tons per year (tpy) of VOCs or NO<INF>X</INF> in a Severe ozone
nonattainment area is considered a major stationary source.
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\6\ May 21, 2012 (77 FR 30088).
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The YSAQMD relies upon Rule 2.43 to implement RACT for major
sources of NO<INF>X</INF>.\7\ As we explained in our June 30, 2023
final action on the 2017 RACT SIP, the current SIP-approved version of
Rule 2.43 contains a provision that explicitly exempts affected units
from complying with rule standards during periods of startup and
shutdown and does not provide for an alternative emission limitation
during such periods. This provision is inconsistent with the EPA's
Startup, Shutdown, and Malfunction (SSM) Policy as established in the
EPA's 2015 SSM SIP Action.\8\ This deficiency was the basis for our
disapproval of the major source NO<INF>X</INF> element of the 2017 RACT
SIP. The Rule 2.43 amendments adopted on April 12, 2023, are intended
to address this by establishing numeric NO<INF>X</INF> and carbon
monoxide (CO) limits that apply during periods of startup and shutdown.
The Rule 2.43 amendments that YSAQMD has proposed, will also establish
additional recordkeeping and periodic reporting requirements. Our
technical support document (TSD) has more detailed information about
these rule revisions.
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\7\ 2017 RACT SIP, pages 5 and 45.
\8\ ``State Implementation Plans: Response to Petition for
Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to
SIPs; Findings of Substantial Inadequacy; and SIP Calls To Amend
Provisions Applying to Excess Emissions During Periods of Startup,
Shutdown and Malfunction,'' 80 FR 33840 (June 12, 2015).
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II. The EPA's Evaluation and Proposed Action
A. How is the EPA evaluating the submitted documents?
Rules in the SIP must be enforceable (see CAA section 110(a)(2)),
must not interfere with applicable requirements concerning attainment
and reasonable further progress or other CAA requirements (see CAA
section 110(l)), and must not modify certain SIP control requirements
in nonattainment areas without ensuring equivalent or greater emissions
reductions (see CAA section 193).
Generally, SIP rules must require the implementation of RACT for
each category of sources covered by a CTG, as well as each major source
of NO<INF>X</INF> or VOC in ozone nonattainment areas classified as
Moderate or higher (see CAA section 182(b)(2)). The YSAQMD regulates a
portion of an ozone nonattainment area classified as ``Severe'' for the
2008 ozone NAAQS and is therefore responsible for ensuring the
applicable sources implement RACT-level controls for that ozone
standard. The YSAQMD relies upon Rule 2.43 to require the applicable
sources to implement RACT-level controls to fulfill the requirements
associated with the major source NO<INF>X</INF> element for the 2008
ozone NAAQS.
We note that the April 12, 2023 amendments to Rule 2.43 also
establish emission standards for CO, which is not an ozone precursor,
and therefore we are not assessing in this action whether the CO
standard implements RACT-level controls. As a result, we have not
evaluated CO emission standards in Rule 2.43 for stringency, but we
have evaluated them under the enforceability and SIP relaxation
criteria.
B. Do the submitted documents meet the evaluation criteria?
In our June 30, 2023 final action on the 2017 RACT SIP, we
evaluated the stringency of the 90 parts per million (ppm) (24-hour
block average) NO<INF>X</INF> emissions limit established by the SIP-
approved version of Rule 2.43.\9\ However, the 90 ppm limit did not
apply during periods of startup and shutdown. As a result, we
determined that the emission limits in SIP-approved Rule 2.43 achieve
RACT-level stringency but found that the lack of a continuous emissions
limit that applies at all times (including periods of startup and
shutdown) precluded us from determining that Rule 2.43 implemented
RACT. We have not identified any information since our June 30, 2023
approval to alter our evaluation of the stringency of the SIP-approved
NO<INF>X</INF> emission limits.
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\9\ 88 FR 42252. See also TSD for that action, which is
available in the docket for this rulemaking.
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The April 12, 2023 amendments to Rule 2.43 established a
NO<INF>X</INF> limit of 215 ppm on a 24-hour block average that applies
during periods of startup and shutdown. We consider this emission limit
to be consistent with the use of either combustion controls or good
combustion practices that are the most stringent control measures that
can be feasibly utilized during periods of startup and shutdown. In
addition, the YSAQMD identified other California air district rules for
biomass boilers and indicated that these rules either exempted periods
of startup and shutdown or had startup/shutdown limits that are less
stringent than those in Rule 2.43. This supports an EPA determination
that the amended rule establishes a RACT-level of control. Finally, we
determined that the amended Rule 2.43 is consistent with each of the
seven specific criteria recommended in the EPA's SSM Policy as
appropriate considerations for developing emission limitations in SIP
provisions applicable during startup and shutdown. Additional
information regarding our evaluation of Rule 2.43 with the seven
criteria is discussed in greater detail in our TSD for this action.
The Rule 2.43 amendments adopted by YSAQMD on December 13, 2023,
explicitly require that the results of any relative accuracy test audit
(RATA) performed be maintained by the source as required records, and
will also establish a requirement for the owner/operator of an affected
source to submit all records required by the recordkeeping provisions
of the rule to the EPA at least once every six months.\10\ These
reporting provision amendments will assist in ensuring compliance with
emission standards and other rule requirements, and will also ensure
that Rule 2.43 is enforceable by the District and the EPA as well as by
members of the public.
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\10\ The amendments require that these records be submitted to
the EPA via the Compliance and Emissions Data Reporting Interface
(CEDRI) or an analogous EPA electronic submission system. CEDRI is
an internet-based service maintained by the EPA that allows
regulated sources to submit various reports for purposes of
demonstrating compliance with federal requirements. In addition to
regulated sources, state and local agency personnel may create user
accounts on CEDRI and access the information submitted by sources
located within their agency's jurisdiction. Additional information
can be found at <a href="https://www.epa.gov/electronic-reporting-air-emissions/cedri">https://www.epa.gov/electronic-reporting-air-emissions/cedri</a>.
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Based on the stringency of the existing SIP-approved NO<INF>X</INF>
limits, combined with the NO<INF>X</INF> limits established for periods
of startup and shutdown, we propose to approve Rule 2.43 as complying
with EPA's SSM policy and as implementing RACT for this source
category. As discussed previously, the absence of an emission limit
during startup and shutdown was the basis for our disapproval of the
major source NO<INF>X</INF> element of the 2017 RACT SIP. Since we are
proposing to determine that Rule 2.43 satisfies the requirement to
implement RACT, we are
[[Page 89354]]
also proposing to determine that the District implements RACT for major
sources of NO<INF>X</INF> associated with the area's Severe
classification for the 2008 ozone NAAQS.
The existing SIP-approved version of the rule contains several
monitoring, recordkeeping, and reporting provisions, including a
requirement to operate continuous emission monitoring systems (CEMS)
for NO<INF>X</INF> and CO; performance specification and calibration
requirements for the CEMS; and requirements to maintain daily logs of
emissions, fuel usage, and startup/shutdown durations. The amendments
adopted on December 13, 2023 establish a new requirement for all
records required by this rule to be submitted to the EPA at least once
every six months. We consider these provisions adequate to ensure that
compliance with rule requirements can be clearly determined, and that
the rule is enforceable by the District and the EPA, as well as by
members of the public. We are also proposing to determine that our
approval of these amendments would comply with CAA section 110(l)
because the proposed SIP revision would not interfere with any
applicable CAA requirements. In addition, CAA section 193 does not
apply to this action because Rule 2.43 is not a SIP-approved control
requirement that was in effect before November 15, 1990. Additional
information regarding our evaluation is discussed in greater detail in
our TSD for this action.
C. Public Comment and Proposed Action
As authorized in section 110(k)(3) of the Act, the EPA proposes to
approve Rule 2.43, as amended on April 12, 2023, and as further amended
on December 13, 2023, into the California SIP. Based on our discussion
in Section II.B of this document, we propose to determine that Rule
2.43 as amended will comply with the EPA's SSM policy and other
applicable CAA requirements and will implement RACT for this source
category. In addition, we propose to approve the major source
NO<INF>X</INF> RACT element of the 2017 RACT SIP. Because our proposed
approval relies upon our evaluation of the public draft version of the
Rule 2.43 amendments, subsequently adopted on December 13, 2023, but
not yet formally submitted by CARB, we will not take final action until
these amendments are submitted to us as a revision to the California
SIP. If Rule 2.43 is not submitted in the form adopted on December 13,
2023, we will reconsider our proposed action accordingly. We will
accept comments from the public on this proposal until January 26,
2024. If we take final action to approve the submitted documents, our
final action will incorporate this rule into the federally enforceable
SIP.
III. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference YSAQMD Rule 2.43, ``Biomass Boilers,'' amended on December
13, 2023, which regulates NO<INF>X</INF> and CO emissions from biomass-
fueled boilers. The EPA has made, and will continue to make, these
materials available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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).
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provision of the Act and applicable
federal regulations. 42 U.S.C. 740(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to review state choices,
and approve those choices if they meet the minimum 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:
<bullet> 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 14094 (88 FR 21879, April 11, 2023);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it proposes to approve a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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.
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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The State did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. The EPA
did not perform an EJ analysis and did not consider EJ in this action.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements.
[[Page 89355]]
Dated: December 20, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023-28525 Filed 12-26-23; 8:45 am]
BILLING CODE 6560-50-P
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