Air Plan Approval; California; Yolo-Solano Air Quality Management District; Negative Declarations
Federal Register, Volume 83 Issue 128 (Tuesday, July 3, 2018)
Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)
Rules and Regulations
Pages 31072-31075
From the Federal Register Online via the Government Publishing Office www.gpo.gov
FR Doc No: 2018-14197
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ENVIRONMENTAL PROTECTION AGENCY
EPA-R09-OAR-2018-0160; FRL-9980-17--Region 9
Air Plan Approval; California; Yolo-Solano Air Quality Management District; Negative Declarations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Yolo-Solano Air Quality Management District (YSAQMD or ``District'') portion of the California State Implementation Plan (SIP). This revision concerns the District's negative declarations for several volatile organic compound (VOC) source categories included in its Reasonably Available Control Technology (RACT) State Implementation Plan Analysis. We are approving these negative declarations under the Clean Air Act (CAA or ``the Act'').
DATES: This rule is effective on August 2, 2018.
ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2018-0160. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Stanley Tong, EPA Region IX, (415) 947-4122, email protected.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA.
Page 31073
Table of Contents
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Proposed Action
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Public Comments and EPA Responses
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EPA Action
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Statutory and Executive Order Reviews
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Proposed Action
On September 13, 2017, YSAQMD adopted its Reasonably Available Control Technology State Implementation Plan (RACT SIP) Analysis for the 2008 ozone National Ambient Air Quality Standards (NAAQS). Included in the District's RACT SIP analysis were several negative declarations where the District stated that it did not have sources subject to the Control Techniques Guidelines (CTG) documents listed below in Table 1. The District's RACT SIP further stated that the negative declarations were for the 1997 and 2008 ozone NAAQS. On November 13, 2017, the California Air Resources Board submitted YSAQMD's RACT SIP, including the following negative declarations, to the EPA as a SIP revision.
Table 1--Submitted Negative Declarations \1\
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CTG document CTG document title
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EPA-450/2-77-008.......................... Control of Volatile Organic
Emissions from Existing
Stationary Sources--Volume
II: Surface Coating of
Cans, Coils, Paper,
Fabrics, Automobiles, and
Light-Duty Trucks.
EPA-450/2-77-025.......................... Control of Refinery Vacuum
Producing Systems,
Wastewater Separators, and
Process Unit Turnarounds.
EPA-450/2-77-032.......................... Control of Volatile Organic
Emissions from Existing
Stationary Sources--Volume
III: Surface Coating of
Metal Furniture.
EPA-450/2-77-033.......................... Control of Volatile Organic
Emissions from Existing
Stationary Sources--Volume
IV: Surface Coating of
Insulation of Magnet Wire.
EPA-450/2-77-034.......................... Control of Volatile Organic
Emissions from Existing
Stationary Sources--Volume
V: Surface Coating of Large
Appliances.
EPA-450/2-77-036.......................... Control of Volatile Organic
Emissions from Storage of
Petroleum Liquids in Fixed-
Roof Tanks.
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-450/2-78-032.......................... Control of Volatile Organic
Emissions from Existing
Stationary Sources--Volume
VII: Factory Surface
Coating of Flat Wood
Paneling.
EPA-450/2-78-033.......................... Control of Volatile Organic
Emissions from Existing
Stationary Sources--Volume
VIII: Graphic Arts-
Rotogravure and
Flexography.
EPA-450/2-78-036.......................... Control of Volatile Organic
Compound Leaks from
Petroleum Refinery
Equipment.
EPA-450/3-82-009.......................... Control of Volatile Organic
Compound Emissions from
Large Petroleum Dry
Cleaners.
EPA-450/3-83-006.......................... Control of Volatile Organic
Compound Leaks from
Synthetic Organic Chemical
Polymer and Resin
Manufacturing Equipment.
EPA-450/3-83-007.......................... Control of Volatile Organic
Compound Equipment Leaks
from Natural Gas/Gasoline
Processing Plants.
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-96-007.......................... Control of Volatile Organic
Compound Emissions from
Wood Furniture
Manufacturing Operations.
61 FR-44050 8/27/96....................... Control Techniques
Guidelines for Shipbuilding
and Ship Repair Operations
(Surface Coating).
EPA-453/R-97-004.......................... Aerospace (CTG & MACT).
EPA-453/R-06-003.......................... Control Techniques
Guidelines for Flexible
Package Printing.
EPA-453/R-06-004.......................... Control Techniques
Guidelines for Flat Wood
Paneling Coatings.
EPA 453/R-07-003.......................... Control Techniques
Guidelines for Paper, Film,
and Foil Coatings.
EPA 453/R-07-004.......................... Control Techniques
Guidelines for Large
Appliance Coatings.
EPA 453/R-07-005.......................... Control Techniques
Guidelines for Metal
Furniture Coatings.
EPA 453/R-08-005.......................... Control Techniques
Guidelines for
Miscellaneous Industrial
Adhesives.
EPA 453/R-08-006.......................... Control Techniques
Guidelines for Automobile
and Light-Duty Truck
Assembly Coatings.
EPA 453/R-08-003.......................... Control Techniques
Guidelines for
Miscellaneous Metal and
Plastic Parts Coatings
(plastic parts portion
only).
EPA 453/B-16-001.......................... Control Techniques
Guidelines for the Oil and
Natural Gas Industry.
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\1\ Negative declarations are for the 1997 and 2008 8-hour ozone NAAQS.
On May 9, 2018 (83 FR 21235), the EPA proposed to approve YSAQMD's negative declarations for the 1997 and 2008 ozone NAAQS into the California SIP. We proposed to approve these negative declarations because we determined that they comply with the relevant CAA requirements. Our proposed action contains more information on the negative declarations and our evaluation.
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Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period. During this period, we received two anonymous comments that were outside the scope of this rulemaking. Neither of the comments were germane to our evaluation of YSAQMD's negative declarations.
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EPA Action
No comments were submitted that change our assessment of the suitability of the negative declarations in our proposed action and duplicated in Table 1 above. Therefore, as authorized in section 110(k)(3) of the Act, the EPA is fully approving these negative declarations for the 1997 and 2008 ozone NAAQS into the California SIP.
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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
Page 31074
submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866;
Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and
Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 4, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: June 20, 2018.
Michael Stoker,
Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
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Section 52.220 is amended by adding paragraph (c)(505) to read as follows:
Sec. 52.220 Identification of plan--in part.
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(c) * * *
(505) The following plan was submitted on November 13, 2017 by the Governor's designee.
(i) Reserved
(ii) Additional materials. (A) Yolo-Solano Air Quality Management District.
(1) Reasonably Available Control Technology (RACT) State Implementation Plan (SIP) Analysis: ``Table 3--CTG Categories for Which YSAQMD Will Adopt a Negative Declaration,'' adopted on September 13, 2017.
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Section 52.222 is amended by adding paragraph (a)(14)(ii) to read as follows:
Sec. 52.222 Negative declarations.
(a) * * *
(14) * * *
(ii) The following negative declarations are for the 1997 and 2008 8-hour ozone NAAQS and were adopted by the District on September 13, 2017 and submitted as part of Yolo-Solano AQMD's RACT SIP on November 13, 2017.
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Negative declaration CTG reference
CTG source category document
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Aerospace......................... EPA-453/R-97-004 Aerospace (CTG &
MACT).
Automobile and Light-Duty Truck EPA-450/2-77-008 Control of Volatile
Assembly Coatings. Organic Emissions from Existing
Stationary Sources--Volume II:
Surface Coating of Cans, Coils,
Paper, Fabrics, Automobiles, and
Light-Duty Trucks.
Automobile and Light-Duty Truck EPA 453/R-08-006 Control Techniques
Assembly Coatings. Guidelines for Automobile and Light-
Duty Truck Assembly Coatings.
Dry Cleaning...................... EPA-450/3-82-009 Control of Volatile
Organic Compound Emissions from
Large Petroleum Dry Cleaners.
Flat Wood Paneling Coatings....... EPA-450/2-78-032 Control of Volatile
Organic Emissions from Existing
Stationary Sources--Volume VII:
Factory Surface Coating of Flat
Wood Paneling.
Flat Wood Paneling Coatings....... EPA-453/R-06-004 Control Techniques
Guidelines for Flat Wood Paneling
Coatings.
Flexible Package Printing......... EPA-453/R-06-003 Control Techniques
Guidelines for Flexible Package
Printing.
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Graphic Arts Rotogravure and EPA-450/2-78-033 Control of Volatile
Flexography. Organic Emissions from Existing
Stationary Sources--Volume VIII:
Graphic Arts-Rotogravure and
Flexography.
Large Appliance Coating........... EPA-450/2-77-034 Control of Volatile
Organic Emissions from Existing
Stationary Sources--Volume V:
Surface Coating of Large
Appliances.
Large Appliance Coating........... EPA 453/R-07-004 Control Techniques
Guidelines for Large Appliance
Coatings.
Magnet Wire Coating............... EPA-450/2-77-033 Control of Volatile
Organic Emissions from Existing
Stationary Sources--Volume IV:
Surface Coating of Insulation of
Magnet Wire.
Metal Can Coating; Metal Coil EPA-450/2-77-008 Control of Volatile
Coating. Organic Emissions from Existing
Stationary Sources--Volume II:
Surface Coating of Cans, Coils,
Paper, Fabrics, Automobiles, and
Light-Duty Trucks.
Metal Furniture Coatings.......... EPA-450/2-77-032 Control of Volatile
Organic Emissions from Existing
Stationary Sources--Volume III:
Surface Coating of Metal Furniture.
Metal Furniture Coatings.......... EPA 453/R-07-005 Control Techniques
Guidelines for Metal Furniture
Coatings.
Miscellaneous Industrial Adhesives EPA 453/R-08-005 Control Techniques
Guidelines for Miscellaneous
Industrial Adhesives.
Miscellaneous Metal and Plastic EPA 453/R-08-003 Control Techniques
Parts. Guidelines for Miscellaneous Metal
and Plastic Parts Coatings (plastic
parts portion only).
Natural Gas/Gasoline.............. EPA-450/3-83-007 Control of Volatile
Organic Compound Equipment Leaks
from Natural Gas/Gasoline
Processing Plants.
Oil and Gas Industry.............. EPA 453/B-16-001 Control Techniques
Guidelines for the Oil and Natural
Gas Industry.
Paper and Fabric Coating.......... EPA-450/2-77-008 Control of Volatile
Organic Emissions from Existing
Stationary Sources--Volume II:
Surface Coating of Cans, Coils,
Paper, Fabrics, Automobiles, and
Light-Duty Trucks.
Paper, Film, and Foil Coatings.... EPA 453/R-07-003 Control Techniques
Guidelines for Paper, Film, and
Foil Coatings.
Petroleum Liquid Storage Tanks.... EPA-450/2-77-036 Control of Volatile
Organic Emissions from Storage of
Petroleum Liquids in Fixed-Roof
Tanks.
Resin Manufacturing............... EPA-450/3-83-008 Control of Volatile
Organic Compound Emissions from
Manufacture of High-Density
Polyethylene, Polypropylene, and
Polystyrene Resins.
Resin Manufacturing............... EPA-450/3-83-006 Control of Volatile
Organic Compound Leaks from
Synthetic Organic Chemical Polymer
and Resin Manufacturing Equipment.
Pharmaceutical Products........... EPA-450/2-78-029 Control of Volatile
Organic Emissions from Manufacture
of Synthesized Pharmaceutical
Products.
Refineries........................ EPA-450/2-78-036 Control of Volatile
Organic Compound Leaks from
Petroleum Refinery Equipment.
Refineries........................ EPA-450/2-77-025 Control of Refinery
Vacuum Producing Systems,
Wastewater Separators, and Process
Unit Turnarounds.
Rubber Tire Manufacturing......... EPA-450/2-78-030 Control of Volatile
Organic Emissions from Manufacture
of Pneumatic Rubber Tires.
Ship Coatings..................... 61 FR-44050 8/27/96 Control
Techniques Guidelines for
Shipbuilding and Ship Repair
Operations (Surface Coating).
Synthetic Organic Chemical EPA-450/3-84-015 Control of Volatile
Manufacturing. Organic Compound Emissions from Air
Oxidation Processes in Synthetic
Organic Chemical Manufacturing
Industry.
Synthetic Organic Chemical EPA-450/4-91-031 Control of Volatile
Manufacturing. Organic Compound Emissions from
Reactor Processes and Distillation
Operations in Synthetic Organic
Chemical Manufacturing Industry.
Wood Furniture Coating............ EPA-453/R-96-007 Control of Volatile
Organic Compound Emissions from
Wood Furniture Manufacturing
Operations.
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FR Doc. 2018-14197 Filed 7-2-18; 8:45 am
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