Federal Register - January 12, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Proposed Rules weekday, and that the Plan provides adequate documentation explaining how the emissions are calculated.
Second, we find that the 2011 base year emissions inventory in the Plan reflects appropriate emissions models and methodologies, and, therefore, represents a comprehensive, accurate, and current inventory of actual emissions during that year in the Western Nevada County nonattainment area. Therefore, the EPA is proposing to approve the 2011 emissions inventory in the 2018 Western Nevada County Ozone Plan as meeting the requirements for a base year inventory set forth in CAA section 182a1 and 40 CFR
51.1115.
With respect to future year baseline projections, we have reviewed the growth and control factors and find them acceptable and conclude that the future baseline emissions projections in the 2018 Western Nevada County Ozone Plan reflect appropriate calculation methods and the latest planning assumptions.
Furthermore, we note that the future year baseline projections take into account emissions reductions from control measures in adopted state and local rules and regulations. As a general matter, the EPA will approve a SIP
revision that takes emissions reduction credit for such control measures only where the EPA has approved the control measures as part of the SIP. See Appendix B of the 2018 Western Nevada County Ozone Plan, CARB
Control Measures, 1985 to 2016, 2018
Western Nevada County Ozone Plan for the list of control measures.
With respect to mobile sources, the EPA has taken action in recent years to approve CARB mobile source regulations into the California SIP.39 We therefore find that the future year baseline projections in the 2018 Western Nevada County Ozone Plan are properly supported by SIP-approved stationary and mobile source control measures.
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B. Emissions Statements 1. Statutory and Regulatory Requirements Section 182a3Bi of the Act requires each state to submit a SIP
revision requiring owners or operators of stationary sources of VOC or NOX to provide the state with statements of actual emissions from such sources.
Statements must be submitted at least every year and must contain a certification that the information contained in the statement is accurate to the best knowledge of the individual 39 See 81 FR 39424 June 16, 2016, 82 FR 14446
March 21, 2017, and 83 FR 23232 May 18, 2018.
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certifying the statement. Section 182a3Bii of the Act allows states to waive the emissions statement requirement for any class or category of stationary sources that emit less than 25
tpy of VOC or NOX, if the state provides an inventory of emissions from such class or category of sources as part of the base year or periodic inventories required under CAA sections 182a1
and 182a3A, based on the use of emission factors established by the EPA
or other methods acceptable to the EPA.
The preamble of the 2008 Ozone SRR
states that if an area has a previously approved emissions statement rule for the 1997 ozone NAAQS or the 1-hour ozone NAAQS that covers all portions of the nonattainment area for the 2008
ozone NAAQS, such rule should be sufficient for purposes of the emissions statement requirement for the 2008
ozone NAAQS.40 The state should review the existing rule to ensure it is adequate and, if so, may rely on it to meet the emission statement requirement for the 2008 ozone NAAQS.
Where an existing emissions statement program is still adequate to meet the requirements of this rule, states can provide the rationale for that determination to the EPA in a written statement in the SIP to meet this requirement. States should identify the various requirements and how each is met by the existing emissions statement program. Where an emissions statement requirement is modified for any reason, states must provide the revision to the emissions statement as part of its SIP.
2. Summary of the States Submission The 2018 Western Nevada County Ozone Plan addresses compliance with the emissions statement requirement in CAA section 182a3B for the 2008
ozone NAAQS by reference to District Rule 513, Emission Statements and Recordkeeping, which, among other things, requires emissions reporting from all stationary sources of NOX and VOC greater than or equal to 10 tpy. The EPA approved District Rule 513 as a revision to the California SIP on June 21, 2017, finding that Rule 513 fulfills the relevant emissions statement requirements of CAA section 182a3Bi.41
3. The EPAs Review of the States Submission We find that District Rule 513 applies within the entire ozone nonattainment area; applies to all stationary sources emitting NOX and VOC, except those emitting less than 10 tpy for which the 40 80
41 82
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FR 12264, at 12291 March 6, 2015.
FR 28240.
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District has waived the requirement consistent with CAA section 182a3Bii; and requires reporting, on an annual basis, of total emissions of VOC and NOX. Also, as required under CAA section 182a3B, District Rule 513 requires certification that the information provided to the District is accurate to the best knowledge of the individual certifying the emissions data.
Therefore, for the reasons described in the preceding paragraph, we propose to find that District Rule meets the emissions statement requirements for the 2008 ozone NAAQS under CAA
section 182a3B.
C. Reasonably Available Control Measures Demonstration 1. Statutory and Regulatory Requirements CAA section 172c1 requires that each attainment plan provide for the implementation of all RACM as expeditiously as practicable including such reductions in emissions from existing sources in the area as may be obtained through implementation of reasonably available control technology RACT, and also provide for attainment of the NAAQS. The 2008
Ozone SRR requires that, for each nonattainment area required to submit an attainment demonstration, the state concurrently submit a SIP revision demonstrating that it has adopted all RACM necessary to demonstrate attainment as expeditiously as practicable and to meet any RFP
requirements.42
The EPA has previously provided guidance interpreting the RACM
requirement in the General Preamble for the Implementation of the CAA
Amendments of 1990 General Preamble and in a memorandum entitled Guidance on the Reasonably Available Control Measure Requirement and Attainment Demonstration Submissions for Ozone Nonattainment Areas. 43 In short, to address the requirement to adopt all RACM, states should consider all potentially reasonable control measures for source categories in the nonattainment area to determine whether they are reasonably available for implementation in that area and whether they would, if implemented individually or collectively, advance the areas 42 40
CFR 51.1112c.
General Preamble, 57 FR 13498 at 13560
April 16, 1992 and memorandum dated November 30, 1999, from John Seitz, Director, OAQPS, to Regional Air Directors, titled Guidance on the Reasonably Available Control Measure Requirement and Attainment Demonstration Submissions for Ozone Nonattainment Areas.
43 See
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12JAP1