[Federal Register Volume 83, Number 96 (Thursday, May 17, 2018)]
[Proposed Rules]
[Pages 22908-22913]
[FR Doc No: 2018-10571]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0272; FRL-9978-17--Region 9]

Air Plan Approval; California; San Joaquin Valley Unified Air
Pollution Control District; Reasonably Available Control Technology
Demonstration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the San Joaquin Valley Unified Air Pollution
Control District (SJVUAPCD or ``District'') portion of the California
State Implementation Plan (SIP), which applies to the San Joaquin
Valley of California (``Valley''). These revisions concern the
District's demonstration regarding Reasonably Available Control
Technology (RACT) requirements for the 2008 8-hour ozone National
Ambient Air Quality Standard (NAAQS). We are also proposing to approve
a public draft version of SJVUAPCD's supplement to its 2014 RACT SIP
demonstration, which contains relevant permit conditions for J.R.
Simplot's Nitric Acid plant in Helm, California (CA) and negative
declarations where the District concludes it has no sources subject to
certain Control Techniques Guidelines (CTG) documents. We are proposing
action on local SIP revisions under the Clean Air Act (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 June 18, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2018-0272 at https://www.regulations.gov/, or via email to Stanley
Tong, at [email protected]. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be removed or edited from
Regulations.gov. For either manner of submission, 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 http://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Stanley Tong, EPA Region IX, (415)
947-4122, [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 documents did the State submit?
    B. Are there other versions of these documents?
    C. What is the purpose of the submitted documents?
II. The EPA's Evaluation and Proposed 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?

    On June 19, 2014, the SJVUAPCD adopted the ``2014 Reasonably
Available Control Technology (RACT) Demonstration for the 8-Hour Ozone
State Implementation Plan (SIP)'' (``2014 RACT SIP''), and on July 18,
2014, the California Air Resources Board (CARB) submitted it to the EPA
for approval as a revision to the California SIP. On January 18, 2015,
the submittal of the 2014 RACT SIP was deemed complete by operation of
law.
    On May 4, 2018, CARB transmitted the District's public draft
version of relevant permit conditions in a permit to operate for J.R.
Simplot's Nitric Acid plant in Helm, CA and negative declarations for
several CTG source categories, along with a request for parallel
processing.\1\ The District plans to adopt negative declarations for
CTGs covering magnetic wire; synthesized pharmaceutical products;
pneumatic rubber tires; leaks from synthetic organic chemical polymer
manufacturing industry (SOCMI) equipment; high-density polyethylene,
polypropylene and polyester resins; air oxidation processes in SOCMI;
reactor processes and distillation operations in SOCMI; and surface
coating operations at shipbuilding and ship repair facilities.\2\ As
noted in footnote 1 of this document, under our parallel processing
procedure, the EPA proposes action on a public draft version of a SIP
revision but will take final action only after the final version is
adopted and submitted to the EPA for approval. In this instance, we are
proposing action based on the public draft version of the ``Supplement
to the 2014 Reasonably Available Control Technology (RACT) State
Implementation Plan (SIP) for the 2008 8-hour Ozone Standard''
(``Supplement to the 2014 RACT SIP'') submitted by CARB on May 4, 2018,
and will not take final action until the final version of the
Supplement to the 2014 RACT SIP is adopted and submitted to the EPA.
CARB's May 4, 2018 letter indicates that the District Board is
scheduled to consider approval of the Supplement to the 2014 RACT SIP
on June 21, 2018, and if it is approved, CARB will submit the final
package to the EPA.
---------------------------------------------------------------------------

    \1\ Under the EPA's ``parallel processing'' procedure, the EPA
proposes rulemaking action concurrently with the state's proposed
rulemaking. If the state's proposed rule is changed, the EPA will
evaluate that subsequent change and may publish another notice of
proposed rulemaking. If no significant change is made, the EPA will
publish a final rulemaking on the rule after responding to any
submitted comments. Final rulemaking action by the EPA will occur
only after the rule has been fully adopted by California and
submitted formally to the EPA for incorporation into the SIP. See 40
CFR part 51, appendix V. See also https://www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2_old/19921028_calcagni_sip_redesignation_requirements(alt).pdf.
    \2\ The SJVUAPCD's Governing Board is scheduled to consider
adopting the Supplement to the 2014 RACT SIP, including relevant
permit conditions in a permit to operate for J.R. Simplot's Nitric
Acid plant in Helm, CA and several negative declarations, on June
21, 2018.
---------------------------------------------------------------------------

    Also included with the District's 2014 RACT SIP submittal package
was a copy of its RACT demonstration for the 1997 8-hour ozone standard
``2009 RACT SIP.''
    On June 16, 2016, the SJVUAPCD adopted the ``2016 Ozone Plan for
the 2008 8-Hour Ozone Standard'' (``2016 Ozone Plan''), and on August
24, 2016, CARB submitted it to the EPA for approval as a revision to
the California SIP. Chapter 3.4 of the 2016 Ozone Plan states that
``the District updated the RACT evaluation and included VOC sources in
the evaluation in Appendix C.'' Appendix C of the 2016 Ozone Plan,
which is titled, ``Stationary and Area Source Control Strategy
Evaluations,'' includes evaluations of individual rules for RACT. On
February 24, 2017, the submittal of the 2016 Ozone Plan was deemed
complete by operation of law.\3\
---------------------------------------------------------------------------

    \3\ We are only proposing action on Chapter 3.4 and Appendix C
of the 2016 Ozone Plan in order to demonstrate VOC RACT for all
applicable sources for the 2008 NAAQS. We will take action on the
remainder of the 2016 Ozone Plan in a separate action.
---------------------------------------------------------------------------

B. Are there other versions of these documents?

    There are no previous versions of the documents described above in
the SJVUAPCD portion of the California SIP for the 2008 8-hour ozone
NAAQS.

C. What is the purpose of the submitted documents?

    Volatile organic compounds (VOCs) and oxides of nitrogen
(NOX) together produce 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 VOC and NOX emissions. Sections 182(b)(2) and (f)
require that SIPs for ozone nonattainment areas classified as Moderate
or above implement RACT for any source covered by a CTG document and
for any major source of VOCs or NOX. The SJVUAPCD is subject
to this requirement because it regulates an ozone nonattainment area
classified as an Extreme ozone nonattainment area for the 2008 8-hour
ozone NAAQS.\4\ Therefore, the SJVUAPCD 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
nonattainment area that it regulates. Any stationary source that emits
or has the potential to emit at least 10 tons per year (tpy) of VOCs or
NOX is a major stationary source in an Extreme ozone

nonattainment area (CAA section 182(e), (f), and 302(j)).
---------------------------------------------------------------------------

    \4\ 40 CFR 81.305; 77 FR 30088 (May 21, 2012).
---------------------------------------------------------------------------

    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 source category,
and 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 80 FR 12264, at 12278 (March 5, 2015) and
70 FR 71612, at 71652 (November 29, 2005).
    SJVUAPCD's 2014 RACT SIP contains the District's demonstration that
its NOX rules implement RACT and contains a review of major
stationary sources of NOX that emit or have the potential to
emit at least 10 tpy of NOX.\5\ The 2016 Ozone Plan contains
the District's review of its NOX and VOC rules for RACT and
states: ``The District adopted its 2014 RACT SIP on June 19, 2014 to
satisfy requirements for the 2008 8-hour ozone standard pursuant to the
[EPA's] proposed 2015 Implementation Rule guidance document. The 2014
RACT SIP analysis demonstrates that the District meets or exceeds RACT
for all applicable NOX source categories. In addition, in
developing this attainment plan, the District updated the RACT
evaluation and included VOC sources in the evaluation in Appendix C
(Stationary and Area Source Control Strategy Evaluations).'' \6\ The
Supplement to the 2014 RACT SIP contains relevant permit conditions to
implement RACT for a major NOX source, J.R. Simplot's Nitric
Acid plant in Helm, CA. The Supplement to the 2014 RACT SIP also
contains negative declarations for several CTG source categories for
which the District states it does not have stationary sources or
emitting facilities in the Valley related to the CTGs.
---------------------------------------------------------------------------

    \5\ SJVUAPCD 2014 RACT SIP Chapter 3.
    \6\ See 2016 Ozone Plan available at http://valleyair.org/Air_Quality_Plans/Ozone-Plan-2016/Adopted-Plan.pdf page 3-6.
---------------------------------------------------------------------------

    The submitted documents and supplemental clarifying information
provide SJVUAPCD's analyses of its compliance with the CAA section 182
RACT requirements for the 2008 8-hour ozone NAAQS. The EPA's technical
support document (TSD) has more information about the District's
submissions and the EPA's evaluations thereof.

II. The EPA's Evaluation and Proposed Action

A. How is the EPA evaluating the submitted documents?

    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
section 182(b)(2)). The SJVUAPCD regulates an Extreme ozone
nonattainment area (see 40 CFR 81.305) so the District's rules must
implement RACT.
    States should also submit for SIP approval negative declarations
for those source categories for which they 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.\7\ To do so, the submittal
should provide reasonable assurance that no sources subject to the CTG
requirements currently exist in the SJVUAPCD.
---------------------------------------------------------------------------

    \7\ 57 FR 13498, 13512 (April 16, 1992).
---------------------------------------------------------------------------

    The District's analysis must demonstrate that each major source of
NOX or VOCs in the 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. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11,
1990).
    3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. ``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.
    5. Memorandum from William T. Harnett to Regional Air Division
Directors, (May 18, 2006), ``RACT Qs & As--Reasonably Available Control
Technology (RACT) Questions and Answers.''
    6. ``Final Rule to Implement the 8-hour Ozone National Ambient Air
Quality Standard--Phase 2'' (70 FR 71612; November 29, 2005); and
    7. ``Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements'' (80 FR
12264; March 6, 2015).

B. Do the submitted documents meet the evaluation criteria?

    The 2014 RACT SIP and Supplement to the 2014 RACT SIP build on the
District's previous RACT SIP demonstration for the 1997 8-hour ozone
NAAQS, 2009 RACT SIP,\8\ and cites to its ozone plan for the 2008 8-
hour ozone NAAQS (``2016 Ozone Plan''). The 2014 RACT SIP includes a
demonstration that major NOX sources in the Valley are
covered by RACT rules, a demonstration that the District's
NOX prohibitory rules satisfy RACT levels of stringency, and
a statement that the District's 2016 Ozone Plan will contain additional
evaluations. The 2014 RACT SIP did not contain an updated list of major
VOC sources, and a demonstration that the District's VOC prohibitory
rules satisfy RACT levels of stringency.\9\
---------------------------------------------------------------------------

    \8\ Our January 10, 2012 action (77 FR 1417) finalized a partial
approval and partial disapproval of San Joaquin's RACT SIP for the
1997 8-hour ozone NAAQS. The partial disapproval was based on our
conclusion that the SJVUAPCD had not demonstrated that four rules
satisfy RACT: (Rules 4352 Solid Fuel Fired Boilers, 4402 Crude Oil
Production Sumps, 4625 Wastewater Separators, and 4682 Polystyrene,
Polyethylene and Polypropylene Products Manufacturing), and for
which the EPA had not yet approved three additional rules into the
SIP as satisfying RACT: (Rules 4566 Organic Material Composting,
4694 Wine Fermentation, and Fumigant VOC Regulations--California
Department of Pesticide Regulation). These rules were subsequently
approved as satisfying RACT [Rule 4352: 77 FR 66548 (November 6,
2012); Rule Rules 4402 and 4625: 77 FR 64427 (October 22, 2012);
Rule 4682; 77 FR 58312 (September 20, 2012); Rule 4566: 77 FR 71129
(November 29, 2012); Rule 4694: 77 FR 71109 (November 29, 2012); and
Fumigation: 77 FR 65294 (October 26, 2012)].
    \9\ The EPA's proposed Implementation Rule for the 2008 8-Hour
Ozone NAAQS, June 6, 2013 (78 FR 34178), solicited comments on
modifying existing guidance to provide additional flexibility where
VOC reductions may have limited impact. Although the EPA did not
ultimately adopt this approach (see 80 FR 12264, at 12279; March 6,
2015), the deadline for submitting RACT SIPs was prior to the date
that the EPA finalized its SIP Implementation Rule. Instead of
submitting a RACT evaluation of its VOC rules in the 2014 RACT SIP,
the District submitted an analysis purporting to demonstrate that
the nonattainment area is one in which VOC reductions would have
limited impact. Because the EPA did not finalize this approach, we
are not evaluating this part of the District's submission.
---------------------------------------------------------------------------

    Chapter 3.4 of the 2016 Ozone Plan states that in developing its
attainment plan, the District updated its RACT evaluation and included
VOC sources in

the evaluation in Appendix C of the 2016 Ozone Plan. Accordingly, we
evaluated these submissions together to determine whether the District
has in place RACT-level rules or negative declarations for each
required category.
1. Efforts To Identity Non-CTG Major Sources Within the District
a. SJVUAPCD Action
    For NOX sources, SJVUAPCD states in its 2014 RACT SIP
that it reviewed its database of current Permits to Operate (PTO) to
identify facilities that have the potential to emit at least 10 tons
per year of NOx. Table 4 of the 2014 RACT SIP lists the facility name,
the type of operation or processes occurring at the facility, and the
SIP rule(s) that apply to operations at the facility.
    For VOC sources, although the 2014 RACT SIP did not contain an
updated list of major VOC sources, the District's submittal included a
copy of the 2009 RACT SIP, which contained a list of major VOC sources
as of 2009. SJVUAPCD subsequently provided a list of additional major
stationary sources of VOC since its 2009 RACT SIP.\10\
---------------------------------------------------------------------------

    \10\ Email dated May 4, 2018 from Chay Thao (SJVUAPCD) to
Stanley Tong (EPA), RE: major VOC sources in SJ since 2009 RACT SIP.
See also 2009 RACT SIP, chapter 3, available at http://valleyair.org/Air_Quality_Plans/docs/RACTSIP-2009.pdf.
---------------------------------------------------------------------------

b. The EPA's Evaluation
    For major stationary sources of NOX, we reviewed CARB's
2014 emissions inventory database and determined that there were four
stationary sources with NOX emissions greater than 10 tpy
that were not included in Table 4 of the District's 2014 RACT SIP. To
determine if these sources were subject to RACT rules, we searched our
internal database and reviewed the facilities' PTOs to identify what
equipment was generating NOX emissions and whether there was
an associated SIP rule. We concluded that each of the facilities' major
stationary source NOX producing operations were subject to
RACT rules with the exception of J.R. Simplot's Nitric Acid plant in
Helm, CA. The SJVUAPCD is submitting, in its parallel processing
request, as Attachment A to the Supplement to the 2014 RACT SIP, the
relevant permit conditions for J.R. Simplot's PTO to correct this
problem. We reviewed the proposed permit conditions, including the
NOX limits, continuous emissions monitoring and data quality
requirements, and recordkeeping and reporting requirements and conclude
they implement NOX RACT.
    For major non-CTG stationary sources of VOC, we reviewed the
District's list of major VOC sources in its 2009 RACT SIP, and the two
additional major sources of VOC subsequently identified by the
District. Based on our review, we conclude that these major VOC sources
are covered by rules that implement RACT. We also reviewed CARB's 2014
emissions inventory database and determined that there were several
stationary sources with VOC emissions greater than 10 tpy that were not
listed in the District's 2009 RACT SIP and therefore appear to be
``new'' major sources since the District's 2009 RACT SIP. Based on a
review of the facilities' description as found through an internet
search and/or their Standard Industrial Classification (SIC) code, many
of these new major sources appear to be related to composting,
wineries, or petroleum production, and one source is a commercial
printer. We determined that all these sources are already covered by
SIP rules that implement RACT. Additional information regarding the
EPA's evaluation can be found in the TSD.
2. The Bases for Concluding Local Rules Implement RACT
a. SJVUAPCD Action
    For NOX sources, Chapter 4 of the 2014 RACT SIP states
that the District conducted ``a literature review and evaluation of the
District's stationary and area source regulations that control
NOX emissions to ensure that all District NOX
prohibitory rules satisfy RACT requirements.'' It also states that the
District compared ``. . . each District rule against federal rules,
state regulations, and comparable rules from California's most
technologically progressive air districts. The applicability,
stringency, and enforceability of every District NOX rule
was reviewed to ensure all rules meet or exceed federal RACT
requirements.'' \11\
---------------------------------------------------------------------------

    \11\ 2014 RACT SIP at Chapters 2.2 and 4.
---------------------------------------------------------------------------

    For VOC sources, Chapter 2.2 of the 2014 RACT SIP states that
``[a]lthough the District's VOC rules will not be evaluated as part of
the 2014 RACT SIP, each regulation was evaluated in depth for the 2009
RACT SIP.'' As stated earlier, the District subsequently submitted an
updated RACT analysis of its VOC rules in Appendix C of its 2016 Ozone
Plan.
b. The EPA's Evaluation
    The District must submit a RACT certification or a negative
declaration for each CTG source category, and must demonstrate that
each major stationary source of NOX or VOC in the District
is covered by a rule that implements RACT-level controls. The fact that
the EPA found that a rule met RACT in a past RACT SIP evaluation is
not, by itself, sufficient to establish that the rule still meets RACT,
because what is reasonably available changes over time. However, our
approval of the 2009 RACT SIP indicates that RACT rules were in place
for the required sources as of 2009, and in concert with the District's
updated RACT analysis in the 2014 RACT SIP and Appendix C of its 2016
Ozone Plan, we agree with the District's conclusion that rules that met
RACT in 2009 continued to meet RACT in 2014.
1. NOX Rules
    The 2014 RACT SIP conducts a RACT analysis and concludes that the
District's rules for all major sources meet RACT. We agree with this
conclusion based on our review of the District's analysis of relevant
rules in the 2014 RACT SIP, 2016 Ozone Plan, a comparison of specific
rules against rules in other air districts, and a comparison against
federal regulations and guidance documents, where appropriate. The
details of our evaluation are provided in the TSD, including a more
focused evaluation of Rule 4103--Open Burning, Rule 4311--Flares, and
Rule 4702--Internal Combustion Engines.
2. VOC Rules
    The 2016 Ozone Plan, Appendix C, concludes that the District's
rules meet RACT for all applicable rules. We agree with this conclusion
based on our review of the District's analysis of relevant rules in the
2016 Ozone Plan, Appendix C, the 2013 Plan for the Revoked 1-hour ozone
standard, the 2009 RACT SIP, and additional explanatory materials
provided by the District and found in the docket for this action. The
details of our evaluation are provided in the TSD, including a more
focused evaluation of Rule 4402--Crude Oil Production Sumps, Rule
4566--Organic Material Composting Operations, Rule 4624--Transfer of
Organic Liquid, Rule 4653--Adhesives and Sealants, Rule 4409--
Components at Light Crude Oil Production Facilities, Natural Gas
Production Facilities, and Natural Gas Processing Facilities, Rule
4605--Aerospace Assembly and Component Coating Operations, and Rule
4621--Gasoline Transfer into Stationary Storage Containers, Delivery
Vessels, and Bulk Plants.
3. Negative Declarations for Source Categories Where There Are No
Facilities Subject to a CTG
    In lieu of adopting RACT rules, Districts can adopt negative
declarations

for CTG source categories if there are no sources in the District
covered by the CTG.
    The District's parallel processing request states that it
``previously adopted Negative Declarations for CTGs . . . for
Shipbuilding and Ship Repair Operations, Control of Volatile Organic
Emissions from Manufacture of Synthesized Pharmaceutical Products, and
Control of Volatile Organic Emissions from Manufacture of Pneumatic
Rubber Tires . . . and is confirming that the Negative Declarations
adopted previously are still valid.'' The District's parallel
processing request also proposes to adopt the following negative
declarations because the District concludes, based on a review of its
permitted sources, SIC codes, and internet searches that there are no
stationary sources or emitting facilities related to the CTG source
categories listed in Table 1. The EPA searched CARB's emissions
inventory database and verified that there do not appear to be
facilities in the SJVUAPCD that are subject to these CTGs. We believe
that these five new negative declarations, and three reaffirmed
negative declarations are consistent with the relevant policy and
guidance regarding RACT.

           Table 1--Negative Declarations--Parallel Processing
------------------------------------------------------------------------
            CTG document No.                           Title
------------------------------------------------------------------------
EPA-450/2-77-033........................  Control of Volatile Organic
                                           Emissions from Existing
                                           Stationary Sources--Volume
                                           IV: Surface Coating of
                                           Insulation of Magnet Wire.
EPA-450/2-78-029........................  Control of Volatile Organic
                                           Emissions from Manufacture of
                                           Synthesized Pharmaceutical
                                           Products.
EPA-450/2-78-030........................  Control of Volatile Organic
                                           Emissions from Manufacture of
                                           Pneumatic Rubber Tires.
EPA-450/3-83-006........................  Control of Volatile Organic
                                           Compound Leaks from Synthetic
                                           Organic Chemical Polymer and
                                           Resin Manufacturing
                                           Equipment.
EPA-450/3-83-008........................  Control of Volatile Organic
                                           Compound Emissions from
                                           Manufacture of High-Density
                                           Polyethylene, Polypropylene,
                                           and Polystyrene Resins.
EPA-450/3-84-015........................  Control of Volatile Organic
                                           Compound Emissions from Air
                                           Oxidation Processes in
                                           Synthetic Organic Chemical
                                           Manufacturing Industry.
EPA-450/4-91-031........................  Control of Volatile Organic
                                           Compound Emissions from
                                           Reactor Processes and
                                           Distillation Operations in
                                           Synthetic Organic Chemical
                                           Manufacturing Industry.
EPA-453/R-94-032........................  Alternative Control Technology
                                           Document--Surface Coating
                                           Operations at Shipbuilding
                                           and Ship Repair Facilities.
61 FR-44050 8/27/96.....................  Control Techniques Guidelines
                                           for Shipbuilding and Ship
                                           Repair Operations (Surface
                                           Coating).
------------------------------------------------------------------------

    Our TSD has more information on our evaluation of the submitted
2014 RACT SIP, Supplement to the 2014 RACT SIP (J.R. Simplot permit to
operate and negative declarations), and 2016 Ozone Plan--Chapter 3.4
and Appendix C.

C. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the 2014 RACT SIP, Supplement to the 2014 RACT SIP
(relevant permit conditions for the J.R. Simplot Nitric Acid plant in
Helm, CA and negative declarations), and 2016 Ozone Plan Chapter 3.4
and Appendix C, because we believe they collectively fulfill the RACT
SIP requirements under CAA sections 182(b) and (f) and 40 CFR 51.1112
for the 2008 ozone NAAQS. As noted above, our proposed action also
relies upon our evaluation of the public draft version of the relevant
permit conditions for the J.R. Simplot Nitric Acid plant in Helm, CA
and on the negative declarations planned for adoption by the SJVUAPCD
in June 2018, which we will not take final action on until they are
adopted and submitted to us as a revision to the California SIP. If the
Supplement to the 2014 RACT SIP that we have evaluated were to be
revised significantly prior to adoption and submittal, we would need to
reconsider our proposed action accordingly.
    We will accept comments from the public on this proposal until June
18, 2018. If we take final action to approve the submitted documents,
our final action will incorporate them 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 certain permit conditions for the J.R. Simplot Nitric Acid
plant in Helm, CA as described above in the preamble. The EPA has made,
and will continue to make, these materials 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).

IV. 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 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 Clean Air Act; 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,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.

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

    Dated: May 8, 2018.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2018-10571 Filed 5-16-18; 8:45 am]
 BILLING CODE 6560-50-P


N/A

E.  Time to enter information

Record of startup, shutdown, malfunction, etc. [e]
                                      1.5
                                       1
                                      1.5
                                       2
                                       3
                                      0.2
                                      0.3
                                                                       $399.57
Record of operation, parameters, and emissions
                                      0.1
                                      365
                                     36.5
                                      67
                                     2,446
                                      122
                                      245
                                                                   $325,716.15
Record of leaks detected
                                      0.4
                                      52
                                     20.8
                                      67
                                     1,394
                                      70
                                      139
                                                                   $185,613.58
F.  Train personnel
                                      N/A

G.  Audits
                                      N/A

Subtotal for Recordkeeping Requirements

                                     4,418
                                                                      $511,729
TOTAL LABOR BURDEN AND COST (rounded) [e]

                                     9,120
                                                                    $1,056,000
TOTAL CAPITAL AND O&M COST (rounded) [e]

                                                                            $0
GRAND TOTAL (rounded) [e]

                                                                    $1,056,000

Assumptions:

[a]  Assume 0 new sources per year and 67 existing sources subject to subpart V, but not the HON.
b  This ICR uses the following labor rates for privately-owned sources: $141.06 for managerial, $120.27 for technical,  and $58.67 for clerical labor.  These rates are from the United States Department of Labor, Bureau of Labor Statistics, June 2019, "Table 2. Civilian Workers, by occupational and industry group."  The rates are from column 1, "Total compensation."  The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.
c  This ICR assumes all existing respondents will have to familiarize with the regulatory requirements each year.
[d]  Assume 20 percent of initial performance tests must be repeated due to failure.
e  Assume 3% of sources experience a startup, shutdown, or malfunction per year.
[f]  Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.

Table G-12: Annual Respondent Burden and Cost for New Sources Subject to the HON

                                  Burden item
                                      (A)
                                      (B)
                                      (C)
                                      (D)
                                      (E)
                                      (F)
                                      (G)
                                      (H)

                        Average hours per activity [a]
                 Number of activities per year per respondent
                    Technical hours per year per respondent
                    Estimated number of New Respondents [b]
                  Estimated technical hours per year
(E=CxD)
                Estimated managerial hours per year
(F=Ex0.05)
                  Estimated clerical hours per year
(G=Ex0.1)
                          Total cost per year ($) [c]
1.  Familiarize with regulatory requirements
                                     2.69
                                      93
                                      250
                                       5
                                     1,250
                                      63
                                      125
                                                                   $166,487.50
2.  Plan activities
                                     3.82
                                      93
                                      355
                                       5
                                     1,775
                                      89
                                      178
                                                                   $236,412.25
3.  Training
                                     3.47
                                      38
                                      132
                                       5
                                      660
                                      33
                                      66
                                                                    $87,905.40
4.  Creation, testing, research, and development
                                      2.4
                                     1,778
                                     4,266
                                       5
                                    21,330
                                     1,067
                                     2,133
                                                                 $2,840,942.70
5.  Gather information, monitor/inspect
                                      1.4
                                     2,102
                                     2,943
                                       5
                                    14,715
                                      736
                                     1,472
                                                                 $1,959,890.85
6.  Process/compile and review
                                      0.8
                                      50
                                      40
                                       5
                                      200
                                      10
                                      20
                                                                    $26,638.00
7.  Complete reports
                                     11.37
                                      49
                                      557
                                       5
                                     2,785
                                      139
                                      279
                                                                   $370,934.15
8.  Record/disclose
                                     9.98
                                      49
                                      489
                                       5
                                     2,445
                                      122
                                      245
                                                                   $325,649.55
9.  Store/file
                                     5.18
                                      51
                                      264
                                       5
                                     1,320
                                      66
                                      132
                                                                   $175,810.80
TOTAL LABOR BURDEN AND COST (rounded) [d]

                                    53,500
                                                                    $6,190,000
TOTAL CAPITAL AND O&M COST (rounded) [d]

                                See Table G-13
GRAND TOTAL (rounded) [d]

                                                                    $6,190,000

Assumptions:

[a]  Average hours per activity are back-calculated by dividing (C) by (B).

[b]  The number of new respondents (5) is from a previously approved ICR.

[c]  This ICR uses the following labor rates for privately-owned sources: $141.06 for managerial, $120.27 for technical,  and $58.67 for clerical labor.  These rates are from the United States Department of Labor, Bureau of Labor Statistics, June 2019, "Table 2. Civilian Workers, by occupational and industry group."  The rates are from column 1, "Total compensation."  The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.
d  Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.

See Attachment I for assumptions and further description of activities.

Table G-13: Annual Respondent Burden and Cost for Existing Sources Subject to the HON

                                  Burden item
                                      (A)
                                      (B)
                                      (C)
                                      (D)
                                      (E)
                                      (F)
                                      (G)
                                      (H)

                        Average hours per activity [a]
               Number of activities per year per respondent [a]
                Technical hours per year per respondent [a, b]
         Technical hours per year per respondent for wastewater [a, c]
              Estimated technical hours per year
(E=Cx180+Dx45)
                Estimated managerial hours per year
(F=Ex0.05)
                  Estimated clerical hours per year
(G=Ex0.1)
                          Total cost per year ($) [d]
1.  Familiarize with regulatory requirements
                                     3.61
                                      23
                                      69
                                      14
                                     9,945
                                      497
                                      995
                                                                 $1,324,574.55
2.  Plan activities
                                     6.08
                                      13
                                      61
                                      18
                                     9,045
                                      452
                                      905
                                                                 $1,204,703.55
3.  Training
                                     5.25
                                       4
                                      17
                                       4
                                     2,475
                                      124
                                      248
                                                                   $329,645.25
4.  Creation, testing, research, and development
                                     17.85
                                      99
                                     1,617
                                      150
                                    225,045
                                    11,252
                                    22,505
                                                                $29,973,743.55
5.  Gather information, monitor/inspect
                                      2.5
                                      677
                                     1,693
                                       0
                                    228,555
                                    11,428
                                    22,856
                                                                $30,441,240.45
6.  Process/compile and review
                                      20
                                       1
                                      20
                                       0
                                     2,700
                                      135
                                      270
                                                                   $359,613.00
7.  Complete reports
                                     81.2
                                       5
                                      388
                                      18
                                    53,190
                                     2,660
                                     5,319
                                                                 $7,084,376.10
8.  Record/disclose
                                     17.46
                                      26
                                      442
                                      12
                                    60,210
                                     3,011
                                     6,021
                                                                 $8,019,369.90
9.  Store/file
                                     6.77
                                      35
                                      222
                                      15
                                    30,645
                                     1,532
                                     3,065
                                                                 $4,081,607.55
TOTAL LABOR BURDEN AND COST (rounded) [e]

                                    720,000
                                                                   $82,800,000
TOTAL CAPITAL AND O&M COST (rounded) [e]

                                                                   $50,100,000
GRAND TOTAL (rounded) [e]

                                                                  $133,000,000

Assumptions:

[a]  Average Hours per Activity (A) is back-calculated:  (A) = ((C) + (D))/(B).
[b]  There are 135 existing sources out of the 180 total that will continue to comply with the HON.
[c]  The 45 facilities complying with the CAR will still be required to comply with HON requirements for wastewater.
d  This ICR uses the following labor rates for privately-owned sources: $141.06 for managerial, $120.27 for technical,  and $58.67 for clerical labor.  These rates are from the United States Department of Labor, Bureau of Labor Statistics, June 2019, "Table 2. Civilian Workers, by occupational and industry group."  The rates are from column 1, "Total compensation."  The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.
[e]  Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.
See Attachment I for assumptions and further description of activities.

                                 Attachment H

Assumptions and Item Descriptions for Attachment F:  Table F-12

Assumptions:

     (A) That all existing and new sources must submit an initial report within 120 days of promulgation and an implementation plan or permit application within 12 or 18 months of the compliance date.  It is assumed that initial reports and implementation plans have been submitted for existing sources and these reports are only required for new sources.  The new sources are most likely to be collocated within existing plants and be included in those existing source reports.

    (B) That semiannual reports of results from equipment leak detection and repair programs are required by the equipment leak standard.  Sources are required to comply with the equipment leak standard by 6 months after promulgation.  It is assumed that an average of 135 facilities will submit reports semiannually (135 existing facilities x 2 reports/facility = 270) (even those that use the CAR will still have to submit reports under the HON for wastewater).

Item Descriptions:

    (a) Average hours per activity are estimates of the specific activities and are the basis for estimating the overall burden.

    (b) Number of activities per year represents the number of reports expected to be reviewed and other related activities during the course of the year.  Under the performance test headings, these numbers are based upon assumptions (A) and (B), above.  For one-time reports, the total number of reports expected over the three-year period was divided by three to get an annual average incorporating assumption (B), above.

    (c) Estimated technical hours per year is the product of (a) and (b).

    (d) Estimated managerial hours per year is 5 percent of (c).

    (e) Estimated clerical hours per year is 10 percent of (c).

    (f) Annual cost per year is the sum of costs for technical, managerial, and clerical hours based on rates from the Office of Personnel Management (OPM), 2017 General Schedule, which excludes locality rates of pay.

		Managerial	$66.62 (GS-13, Step 5, $41.64 + 60%)
		Technical	$49.44 (GS-12, Step 1, $30.90 + 60%)
      Clerical	$26.75 (GS-6, Step 3, $16.72 + 60%)

      (Ht x $49.44/hour) + (Hm x $66.62/hour) + (Hc x $26.75/hour) = (G)

            Where:
                  Ht is (c), or technical hours
                  Hm is (d), or managerial hours, and
                  Hc is (e), clerical hours

Report Review:

    1) Initial represents the EPA review of all initial reports received.

    2) Implementation plan or permit represents the EPA review of all implementation plans, or permit applications if submitted in lieu of an implementation plan.

    3) Compliance status represents compliance status verification by the EPA for the portions of the standard which a source must comply with before the compliance date (see assumption (A), above).

    4) Review equipment leak monitoring represents the review and screening of periodic reports received as a result of the equipment leaks standard.

    5) Notification of construction/reconstruction represents the EPA review of this notification from new sources.

    6) Notification of anticipated startup represents the EPA review of this notification from new sources.

    7) Notification of actual startup represents the EPA review of this notification from new sources.

    8) Notification of performance test represents the EPA review of this notification from new sources.

    9) Review of test results represents the EPA review of performance test results for new sources.

10) Review periodic reports represents the EPA review of periodic reports.

TOTAL ANNUAL BURDEN AND COST (ROUNDED) is the sum of columns (c), (d), and (e), and of (f), respectively. Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.

                                 Attachment I

Assumptions and Item Descriptions for Attachment G:  Tables G-12 and G-13

Assumptions:

    (A) That there are 135 existing facilities out of 180 that will continue to comply with the HON, rather than the CAR. The 45 facilities complying with the CAR will still be required to comply with the HON wastewater provisions, as the CAR does not include wastewater provisions.  The total number of facilities will increase by 5 new facilities per year.  Since new facilities must be in compliance at startup, the general periodic recordkeeping and reporting burdens are included, which accounts for the difference in the technical hours per facility.  No new facilities are expected to comply directly with the CAR.

    (B) That the average representative source, new and existing, will consist of the following points of burden:

            20 parameters to monitor at control devices throughout the facility
            10 affected storage tanks of various capacities
            3 affected major wastewater streams
            4 affected transfer rack operations
            3 overall leak detection and repair programs for 2,000 points
            1 emissions averaging program that involves 10 emission points
            1 facility wide inventory of emission points, Group 1 and Group 2
            8 process vents per facility

    (C) That there are 5 percent (0.05) managerial and 10 percent (0.10) clerical hours required for every technical hour.

    (D) That some activities necessary to generate reports involve creating records in the process, and that these activities are assumed to be reports activities alone, to avoid double counting these as records activities as well.  Therefore, only items 8 and 9 are considered records burdens directly.

Item Descriptions:

    (a) Average hours per activity is back-calculated by dividing (b) into (c).  Since the activities within each burden category can vary significantly, it is too inaccurate to assume an average to use to calculate (c).  Estimated activity technical hours are summarized to obtain (c) first, then back calculate for (a) with an estimated (b).

    (b) Number of activities per year per respondent represents the assumed typical number of separate activities a respondent may encounter during one year.  This number may vary from facility to facility, depending on consolidation of activities, collocated readings, etc.  Since so much variability exists, it is important to note that this is an estimate.  This number only was used to back-calculate (a).

    (c) Technical hours per year per respondent is the actual best estimate of the burden for each burden item.  The three-year separate activity burdens were divided by three, where appropriate, and then summarized to include in this column.  The technical hours for new respondents are higher because some periodic compliance reports and records are required at startup.  Existing respondents do not encounter these reporting and recordkeeping burdens for three years after promulgation.

    (d) Table G-12 Estimated number of new respondents reflects the number given in assumption (A), above.  Table G-13 Technical hours per year per respondent for wastewater are the annual technical hours associated with recordkeeping and reporting to ensure compliance with requirements for wastewater.  As discussed in assumption (A), facilities complying with the CAR will comply with HON wastewater requirements.  Burden hours per source, per emission type are shown in Table 5.

    (e) Estimated technical hours per year is the product of (c) and (d) for new facilities (Table G-12).  For Table G-13, estimated technical hours are the product of (c) and the number of existing facilities complying with all of the HON (135) added to the product of (d) and the number of facilities complying with only the wastewater provisions (45).

    (f) Estimated managerial hours per year is 5 percent of (e).

    (g) Estimated clerical hours per year is 10 percent of (e).

    (h) Annual cost per year is from the United States Department of Labor, Bureau of Labor Statistics, September 2019, Table 2. Civilian workers, by occupational and industry group.  The rates are from column 1, "Total Compensation."  The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
            Managerial	$141.06 ($67.17+ 110%)
--------------------------------------------------------------------------------
            Technical	$120.27 ($57.27 + 110%)
--------------------------------------------------------------------------------
            Clerical	$58.67 ($27.94 + 110%)

     (Ht x $120.27/hour) + (Hm x $141.06/hour) + (Hc x $58.67/hour) = (G)

            Where:
                  Ht is (e), or technical hours
                  Hm is (f), or managerial hours, and
                  Hc is (g), clerical hours
--------------------------------------------------------------------------------

Report Review:

    1) Familiarize with regulatory requirements are the activities, less training, which involve comprehending the provisions in the standard and understanding how they apply to the respective points at a facility. We assume existing facilities will have to familiarize with the regulatory requirements each year.

    2) Plan activities represent such burdens as design, redesign, scheduling as well as drafting the implementation plan, and selecting methods of compliance.

    3) Training represents the portion (assumed 40 percent) of activities from 1) Familiarize with regulatory requirements for which an average facility would elect to provide class room instruction.  The standard does not require specific training itself.

    4) Creation, testing, research, and development are the activities involving testing, retesting, establishing operating range for parameters and analyzing point-by-point applicability.  Monitor related refit, calibration, and maintenance activities are also included under this heading.

    5) Gather information, monitor/inspect are the activities involving physical inspections of equipment, collection of monitored data, and other related activities.

    6) Process/compile and review are the activities that involve analysis of the information collected for accuracy, compliance, and appropriate reports and records required as a result.

    7) Complete reports represents the activities normally associated with filling out forms.  Since the standard requires no standard forms, these activities relate to the preparing of formal reports and cover letters as appropriate.

    8) Record/disclose are activities which are solely recordkeeping which occur once the appropriate report information has been extracted [see assumption (D), above].  These activities involve software translation, duplication, or archival processes normally associated with data management and storage common to this industry.

    9) Store/file again are activities which are solely recordkeeping which occur once the appropriate report information has been extracted [see assumption (D), above].  These activities involve the management life cycle of records, from the time they are filed and boxed up, to the time they are disposed.

TOTAL ANNUAL BURDEN AND COST (ROUNDED) is the sum of columns (e), (f), and (g), and of (h), respectively. Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.

                                 Attachment J

Summary of Capital/Startup and Operation & Maintenance Costs for the CAR and Its Referencing Subparts

Note: Totals for capital and O&M costs have been rounded to 3 significant figures. Figures may not add exactly due to rounding.

NSPS Subpart Ka

      a.	Total Capital/Startup Cost of Monitoring Equipment:
            The total capital/Startup costs for this ICR are $0.

      b.	Total Cost of Operation and Maintenance of Monitoring Equipment:
            The total operating and maintenance (O&M) Costs for this ICR is $0.

      c.	Total Capital/Startup and O&M Cost:
            The total capital and O&M Costs are $0.

NSPS Subpart Kb

      a.	Total Capital/Startup Cost of Monitoring Equipment:
            The total capital/Startup costs includes the cost for 1 new storage tank to install monitoring equipment associated with the CVS routed to a control device.  The storage tank will use equipment similar to that used for Subparts NNN and III; therefore, the startup cost is approximately $13,500 per facility.  There are no capital/startup costs for the remaining 18 new storage tanks complying by either an IFR or EFR.

      b. 	Total Cost of Operation and Maintenance of Monitoring Equipment:
            The average annualized O&M burden is estimated to be $1,350 per year per affected facility ($13,500 discounted over 10 years by straight line depreciation method) for sources using CVS routed to a control device. The annual operation and maintenance costs are $316,366. This is based on an average of 233 existing sources plus 1 new source (234 total) per year over the life of the ICR ($1,350 x 234).

      c.	Total Capital/Startup and O&M Cost:
            The total capital and O&M Costs are $330,000.

NSPS Subpart VV

      a.	Total Capital/Startup Cost of Monitoring Equipment:
            The capital/startup costs of this regulation are $0.  We assume facilities that are already complying with Subpart VV will not need to buy an additional monitor and that no additional facilities will become subject to Subpart VV in the future.

      b.	Total Cost of Operation and Maintenance of Monitoring Equipment:
            Operation of monitors is included in monitoring costs.  Maintenance costs for these units are incidental; therefore, no maintenance or operation costs will be incurred.

      c.	Total Capital/Startup and O&M Cost:
            The total capital and O&M Costs are $0.

NSPS Subpart VVa

      a.	Total Capital/Startup Cost of Monitoring Equipment:
            The capital/startup costs of this regulation total $1,400.  This is based on the average cost of a monitor ($7,000) with a 5-year expected life.  The equipment is not capitalized, so no discount rate applies.  The average annual cost is, therefore, $7,000/5, or $1,400/yr.  It is estimated that only area sources that construct new process units might purchase a monitoring instrument.  All other sources should have monitoring equipment because they are either subject to MACT rules or have been subject to NSPS Subpart VV for other processes.  We assume 5 process units are subject to NSPS Subpart VVa each year, where 60 percent of all new sources are newly constructed sources and 15 percent of all new sources are area sources.  Therefore, an estimated 1 facility with a new process unit will buy a monitoring instrument to comply with NSPS Subpart VVa, yielding a total capital/startup cost of $1,400 x 1, or $1,400.

      b.	Total Cost of Operation and Maintenance of Monitoring Equipment:
            The operation of the monitors is included in the monitoring costs.  Maintenance costs on these units is incidental; therefore, no maintenance or operation costs incur.

      c.	Total Capital/Startup and O&M Cost:
            The total capital and O&M Costs are $1,400.

NSPS Subpart DDD

      a. 	Total Capital/Startup Cost of Monitoring Equipment:
            The capital/startup costs for this regulation are $150,000.  This is based on 5 new sources per year multiplied by $30,000 per source for monitoring equipment.

      b.	Total Cost of Operation and Maintenance of Monitoring Equipment:
            The annual operation and maintenance costs are $546,000.  This is based on an average of 73 existing sources plus 5 new sources (78 total) per year over the life of the ICR multiplied by $7,000 for upkeep of the monitoring devices.

      c.	Total Capital/Startup and O&M Cost:
            The total capital and O&M Costs are $696,000.

NSPS Subpart III

      a.	Total Capital/Startup Cost of Monitoring Equipment:
            The startup cost of monitoring equipment is approximately $13,500 per new affected facility for a total of $13,500 (based on 1 new source x $13,500/source).

      b.	Total Cost of Operation and Maintenance of Monitoring Equipment:
            The average annualized O&M burden is estimated to be $1,350 per year per affected facility ($13,500 discounted over 10 years by straight line depreciation method) for Subpart III. The annual operation and maintenance costs are $52,650. This is based on an average of 38 existing sources plus 1 new source (39 total) per year over the life of the ICR ($1,350 x 39).

      c.	Total Capital/Startup and O&M Cost:
            The total capital and O&M Costs are $66,200.

NSPS Subpart NNN

      a.	Total Capital/Startup Cost of Monitoring Equipment:
            The startup cost of monitoring equipment is approximately $13,500 per new affected facility for a total of $121,500 (based on 9 new sources x $13,500/source).

      b.	Total Cost of Operation and Maintenance of Monitoring Equipment:
            The average annualized O&M burden is estimated to be $1,350 per year per affected facility ($13,500 discounted over 10 years by straight line depreciation method) for Subpart NNN. The annual operation and maintenance costs are $171,450. This is based on an average of 118 existing sources plus 9 new sources (127 total) per year over the life of the ICR ($1,350 x 127).

      c.	Total Capital/Startup and O&M Cost:
            The total capital and O&M Costs are $293,000.

NSPS Subpart RRR

      a.	Total Capital/Startup cost of Monitoring Equipment:
            The capital/startup costs for this regulation are $125,000 per year. This is based on 5 new sources per year multiplied by $25,000 for monitoring equipment discounted over 10 years at 7 percent.

      b.	Total Cost of Operation and Maintenance of Monitoring Equipment:
            The average annualized O&M burden is estimated to be $500 per year per affected facility for upkeep of the monitoring device. The annual operation and maintenance costs are $34,500. This is based on an average of 64 existing sources plus 5 new sources (69 total) per year over the life of the ICR ($500 x 69).

      c.	Total Capital/Startup and O&M Cost:
            The total capital/startup and O&M Costs are $160,000.

NESHAP Subpart BB

      a.	Total Capital/Startup cost of Monitoring Equipment:
            Startup costs were identified in previous ICR.

      b.	Total Cost of Operation and Maintenance of Monitoring Equipment:
            There are no O&M costs associated because no CEMs are employed.

      c.	Total Capital/Startup and O&M Cost:
            The total capital and O&M costs are $0.

NESHAP Subpart Y

      a.	Total Capital/Startup Cost of Monitoring Equipment:
            The only type of industry costs associated with the information collection activity in the standards is labor cost. There are no capital/startup costs.

      b.	Total Cost of Operation and Maintenance of Monitoring Equipment:
            There are no operation and maintenance costs.

      c.	Total Capital/Startup and O&M Cost:
            The total capital and O&M costs are $0.

NESHAP Subpart V

      a.	Total Capital/Startup Cost of Monitoring Equipment:
            Startup cost were identified in previous ICR.

      b.	Total Cost of Operation and Maintenance of Monitoring Equipment:
            There are no O&M costs associated because no CEMs are employed.

      c.	Total Capital and O&M Cost
            The total capital and O&M costs are $0.

NESHAP HON:

Subpart G

      a.	Total Capital/Startup Cost of Monitoring Equipment:
            Estimate the cost to purchase monitoring equipment is approximately $20-30K for process vents and wastewater operations, or an average of $25,000 with a 10-year life expectancy and a 7 percent depreciation rate, or $2,225 per year.  There are no associated costs for transfer racks and storage tanks.  Only new sources need to buy monitoring equipment; therefore, the total capital/startup cost is $25,000 x 2, or $50,000.

      b.	Total Cost of Operation and Maintenance of Monitoring Equipment:
            The cost to industry associated with the operation and maintenance (O&M) is approximately $100-500K per year (capital/startup depreciation not included) for reactor process vents and wastewater operations.  The cost associated with the operation and maintenance is $50-100K per year (capital/startup depreciation not included) for distillation unit process vents.  There are no associated costs for transfer racks and storage tanks.  The average O&M cost is assumed to be the average of the two ranges, or $275,000 per year.  Operation and maintenance incur for both the 2 new and 180 existing sources. The total O&M is, therefore, $275,000 x 182, or $50,050,000.

      c.	Total Capital/Startup and O&M Cost:
            The total capital and O&M costs are $50,100,000.

Subpart H

      a.	Total Capital/Startup Cost of Monitoring Equipment:
            Only new sources will buy an organic volatile analyzer. Estimate the average cost of a monitor is $7,000 with a 5-year expected life. The equipment is not capitalized, so no discount rate applies.  The average annual cost is, therefore, $7,000/5, or $1,400/yr.  Estimate that 80 percent of new facilities contract out LDAR services, and 20 percent perform in-house.  Those facilities which contract out (2 facilities) will purchase one unit as backup; the remaining facilities performing LDAR in-house (1 facility) will purchase 5 units to support the program.  The total annual capital/startup cost is, therefore, 7 units x $1,400/unit, or $9,800/yr.

      b.	Total Cost of Operation and Maintenance of Monitoring Equipment:
            The costs of upkeep and annual calibration of the analyzers are included in the contracted purchase price.

      c.	Total Capital and O&M Cost for Subparts H:
            The total capital and O&M costs are $9,800.

Part 65 CAR

      a.	Total Capital/Startup Cost of Monitoring Equipment:
            Under the CAR, it is assumed all new sources start out under the referencing subpart.  Therefore, there is no capital/startup cost associated with this subpart.

      b.	Total Cost of Operation and Maintenance of Monitoring Equipment:
            The HON is the basis for determining O&M costs for the CAR.  The average cost per source, based on the HON, is $275,000 per year. There are 45 sources complying with the CAR. The annual operation and maintenance costs are $12,375,000 (45 x $275,000).

      c.	Total Capital/Startup and O&M Cost:
            The total capital and O&M costs are $12,400,000.


[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Notices]
[Pages 24864-24865]
[FR Doc No: 2021-09793]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-10022-08-OMS]

Cross-Media Electronic Reporting: Authorized Program Revision
Approval, State of New Hampshire

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces the Environmental Protection Agency's
(EPA) approval of the State of New Hampshire's request to revise/modify
certain of its EPA-authorized programs to allow electronic reporting.

DATES: EPA approves the authorized program revisions/modifications as
of May 10, 2021.

FOR FURTHER INFORMATION CONTACT: Shirley M. Miller, CROMERR Program
Manager, U.S. Environmental Protection Agency, Office of Information
Management, Mail Stop 2824T, 1200 Pennsylvania Avenue NW, Washington,
DC 20460,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On October 13, 2005, the final Cross-Media
Electronic Reporting Rule (CROMERR) was published in the Federal
Register (70 FR 59848) and codified as part 3 of Title 40 of the CFR.
CROMERR establishes electronic reporting as an acceptable regulatory
alternative to paper reporting and establishes requirements to assure
that electronic documents are as legally dependable as their paper
counterparts. Subpart D of CROMERR requires that state, tribal or local
government agencies that receive, or wish to begin receiving,
electronic reports under their EPA-authorized programs must apply to
EPA for a revision or modification of those programs and obtain EPA
approval. Subpart D provides standards for such approvals based on
consideration of the electronic document receiving systems that the
state, tribe, or local government will use to implement the electronic
reporting. Additionally, Sec.  3.1000(b) through (e) of 40 CFR part 3,
subpart D provides special procedures for program revisions and
modifications to allow electronic reporting, to be used at the option
of the state, tribe or local government in place of procedures
available under existing program-specific authorization regulations. An
application submitted under the subpart D procedures must show that the
state, tribe or local government has sufficient legal authority to
implement the electronic reporting components of the programs covered
by the application and will use electronic document receiving systems
that meet the applicable subpart D requirements.
    On September 17, 2020, the New Hampshire Department of
Environmental Services (NHDES) submitted two applications titled NH
Online Forms (nForm) and State and Local Emissions Inventory System
(SLEIS) for revisions/modifications to its EPA-approved programs under
title 40 CFR to allow new electronic reporting. EPA reviewed NHDES's
request to revise/modify its EPA-authorized programs and, based on this
review, EPA determined that the applications met the standards for
approval of authorized program revisions/modifications set out in 40
CFR part 3, subpart D. In accordance with 40 CFR 3.1000(d), this notice
of EPA's decision to approve New Hampshire's request to revise/modify
its following EPA-authorized programs to allow electronic reporting
under 40 CFR parts 52, 60, 62, 63, 70, 142, 145, 239, 271, 281, and 763
to allow electronic reporting under 40 CFR parts 50-52, 60-65, 70, 141,
144, 146, 240-259, 260-270, 272-280 and 763 is being published in the
Federal Register:
    Part 52: Approval and Promulgation of Implementation Plans (SIP/
Clean Air Act Title II) Reporting under CFR 50-52
    Part 60: Standards of Performance for New Stationary Sources (NSPS/
CAR/Clean Air Act Title III) Reporting under CFR 60 & 65
    Part 62: Approval and Promulgation of State Plans for Designated
Facilities and Pollutants (NSPS/Clean Air Act Title III--Hospital/
Medical) Reporting under CFR 62
    Part 63: National Emission Standards for Hazardous Air Pollutants
for Source Categories (NESHAP MACT/Clean Air Act Title III) Reporting
under CFR 61, 63 & 65
    Part 70: State Operating Permit Programs (Clean Air Act Title V)
Reporting under CFR 64 & 70
    Part 142: National Primary Drinking Water Regulations
Implementation (NPDWR) Reporting under CFR 141
    Part 145: State Underground Injection Control Programs (UIC)
Reporting under CRF 144 & 146
    Part 239: Requirements for State Permit Program Determination of
Adequacy (RCRA Subtitle C) Reporting under CFR 240-259
    Part 271: Requirements for Authorization of State Hazardous Waste
Programs (RCRA Subtitle C) Reporting under CFR 260-270, 272-279
    Part 281: Technical Standards and Corrective Action Requirements
for Owners and Operators of Underground Storage Tanks (UST) Reporting
under CFR 280
    Part 763: Asbestos Reporting under CFR 763NHDES was notified of
EPA's determination to approve its application with respect to the
authorized programs listed above.
    Also, in this notice, EPA is informing interested persons that they
may request a public hearing on EPA's action to approve the State of
New Hampshire's request to revise its authorized public water system
program under 40 CFR part 142, in accordance with 40 CFR 3.1000(f).
Requests for a hearing must be submitted to EPA within 30 days of
publication of this Federal Register notice. Such requests should
include the following information:
    (1) The name, address and telephone number of the individual,
organization or other entity requesting a hearing;
    (2) A brief statement of the requesting person's interest in EPA's
determination, a brief explanation as to why EPA should hold a hearing,
and any other information that the requesting person wants EPA to
consider when determining whether to grant the request;
    (3) The signature of the individual making the request, or, if the
request is made on behalf of an organization or other entity, the
signature of a responsible official of the organization or other
entity.
    In the event a hearing is requested and granted, EPA will provide
notice of the hearing in the Federal Register not less than 15 days
prior to the scheduled hearing date. Frivolous or insubstantial
requests for hearing may be denied by EPA. Following such a public
hearing, EPA will review the record of the hearing and issue an order
either affirming this determination or rescinding such determination.
If no timely request for a hearing is received and granted, EPA's
approval of the State

of New Hampshire's request to revise its part 142--National Primary
Drinking Water Regulations Implementation program to allow electronic
reporting will become effective 30 days after this notice is published,
pursuant to CROMERR section 3.1000(f)(4).

    Dated: May 3, 2021.
Jennifer Campbell,
Director, Office of Information Management.
[FR Doc. 2021-09793 Filed 5-7-21; 8:45 am]
BILLING CODE 6560-50-P