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Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Proposed Rules
C. What is the purpose of the submitted document?
D. What portion of the RACT SIP submittal is addressed in this notice?
II. The EPAs Evaluation and Action A. How is the EPA evaluating the submitted document?
B. Does the document meet the evaluation criteria?

C. The EPAs Recommendations to Further Improve the RACT SIP
D. Public Comment and Proposed Action III. Statutory and Executive Order Reviews
I. The States Submittal A. What document did the State submit?
Table 1 lists the document addressed by this proposal with the date that it was adopted by the local air agency and submitted by the California Air Resource Board CARB.

TABLE 1SUBMITTED DOCUMENT
Local agency
Document
EKAPCD

Eastern Kern Air Pollution Control District Reasonably Available Control Technology RACT State Implementation Plan SIP For The 2008 Ozone National Ambient Air Quality Standards NAAQS 2017 RACT SIP.

On February 9, 2018 the submittal for the EKAPCD 2017 RACT SIP was deemed by operation of law to meet the completeness criteria in 40 CFR part 51
Appendix V, which must be met before formal EPA review.

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B. Are there other versions of this document?
There are no previous versions of the RACT SIP and negative declarations in the EKAPCD portion of the California SIP for the 2008 ozone NAAQS.
C. What is the purpose of the submitted document?
Emissions of volatile organic compounds VOCs and oxides of nitrogen NOX contribute to the production of ground-level ozone, smog and particulate matter PM, which harm human health and the environment. Section 110a of the CAA
requires states to submit regulations that control VOC and NOx emissions.
Sections 182b2 and f require that SIPs for ozone nonattainment areas classified as Moderate or above implement RACT for any source covered by a Control Techniques Guidelines CTG document and for any major source of VOCs or NOX. The EKAPCD is subject to this requirement as it regulates the Eastern Kern ozone nonattainment area that was designated and classified as a Moderate nonattainment area for the 2008 8-hour ozone NAAQS at the time of submittal.1
Therefore, the EKAPCD 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 ozone nonattainment area that it regulates. Any stationary source that emits or has the potential to emit at least 100 tons per year tpy of VOCs or NOX
1 The EPA has since reclassified the Eastern Kern ozone nonattainment area to Serious on July 5, 2018 83 FR 31334 and Severe on June 7, 2021
86 FR 30204.

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Adopted
is a major stationary source in a Moderate ozone nonattainment area CAA section 182b2, f and 302j.
Section III.D of the preamble to the EPAs final rule to implement the 2008
ozone NAAQS discusses RACT
requirements.2 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.3 It also provides that states must submit appropriate supporting information for their RACT submissions as described in the EPAs implementation rule for the 1997 ozone NAAQS.4 The EKAPCDs RACT SIP submittal 2017 RACT SIP
and negative declarations provide EKAPCDs analyses of its compliance with the CAA section 182 RACT
requirements for the 2008 8-hour ozone NAAQS.
The EPAs technical support document TSD has more information about EKAPCDs RACT SIP, negative declarations, and the EPAs evaluations thereof.
D. What portion of the RACT SIP
submittal is addressed in this notice?
This proposal is one of three EPA
actions on the EKAPCD 2017 RACT SIP
submittal. The other two actions are as follows:
1 On January 14, 2021, the EPA
approved EKAPCDs negative declaration for the CTG category associated with the Oil and Natural Gas Industry EPA453/B16001. We assessed internet sites for Californias Department of Conservation Geologic Energy Management Devisions CalGEM Well Finder, CARBs pollution mapping tool, and the California Energy Commissions 2 80

FR 12264 March 6, 2015.
at 12278.
4 Id.; 70 FR 71612, 71652 November 29, 2005.
3 Id.

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California Natural Gas Pipelines and determined there were no oil and gas operations within EKAPCDs jurisdiction convered by the Oil and Natural Gas CTG.5
2 The amended rules for major source NOX were submitted separately on May 23, 2018 and August 22, 2018.
These rules and the RACT certification for major source NOX will be addressed in a separate action.
This proposed action addresses the remainder of the 2017 RACT SIP
submission. Additional details about the submission and the EPAs separate actions thereon are available in the TSD.
II. The EPAs Evaluation and Action A. How is the EPA evaluating the submitted document?
Generally, 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 182b2. At the time of submittal, the EKAPCD regulated an ozone nonattainment area classified as Moderate for the 2008 ozone standard 40 CFR 81. Therefore, the EKAPCD
rules must implement RACT.
States should also submit for SIP
approval negative declarations for those source categories for which they have not adopted RACT-level regulations because they have no sources above the CTG-recommended applicability threshold, regardless of whether such negative declarations were made for an earlier SIP.6 To do so, the submittal should provide reasonable assurance that no sources subject to the CTG
5 Technical Support Document for EPAs Clean Air Act Rulemaking for the California State Implementation Plan Eastern Kern County Air Pollution Control District Negative Declaration for Control Techniques Guidelines for the Oil and Natural Gas Industry date August 2020 and prepared by Sina Schwenk-Mueller.
6 57 FR 13498, 13512 April 16, 1992.

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