Approval of California Air Plan Revisions, Imperial County Air Pollution Control District
Federal Register, Volume 80 Issue 218 (Thursday, November 12, 2015)
Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)
Rules and Regulations
Pages 69876-69880
From the Federal Register Online via the Government Publishing Office www.gpo.gov
FR Doc No: 2015-28756
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ENVIRONMENTAL PROTECTION AGENCY
EPA-R09-OAR-2015-0289; FRL-9936-65-Region 9
Approval of California Air Plan Revisions, Imperial County Air Pollution Control District
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 Imperial County Air Pollution Control District (ICAPCD) portion of the California State Implementation Plan (SIP). This revision concerns the District's reasonably available control technology (RACT) requirements under the 1997 8-hour National Ambient Air Quality Standards (NAAQS) for ozone. This submitted SIP revision also contains ICAPCD's negative declarations for certain volatile organic compound (VOC) source categories. We are approving this document under the Clean Air Act (CAA or the Act).
DATES: This rule is effective on December 14, 2015.
ADDRESSES: The EPA has established docket number EPA-R09-OAR-2015-0289 for this action. Generally, documents in the docket for this action are available electronically at http://www.regulations.gov or in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-
3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps, multi-
volume reports), and some may not be available in either location (e.g., confidential business information (CBI)). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: James Shears, EPA Region IX, (213) 244-1810, shears.james@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA.
Table of Contents
-
Proposed Action
-
Public Comments and EPA Responses
-
EPA Action
-
Statutory and Executive Order Reviews
-
Proposed Action
On September 1, 2015 (80 FR 52710), the EPA proposed to approve the following document into the California SIP.
----------------------------------------------------------------------------------------------------------------
Local agency Document Adopted Submitted
----------------------------------------------------------------------------------------------------------------
ICAPCD.................................... Final 2009 Reasonably Available 07/13/10 12/21/10
Control Technology State
Implementation Plan (``2009 RACT
SIP'').
----------------------------------------------------------------------------------------------------------------
ICAPCD's submittal also included the following negative declarations which the District certified that it had no sources subject to the control techniques guidelines (CTG) documents.
Page 69877
------------------------------------------------------------------------
CTG Source category CTG Reference document
------------------------------------------------------------------------
Aerospace.............................. EPA-453/R-97-004, Aerospace CTG
and MACT.
Automobile and Light-duty Trucks, EPA-450/2-77-008, Control of
Surface Coating of. Volatile Organic Emissions
from Existing Stationary
Sources--Volume II: Surface
Coating of Cans, Coils, Paper,
Fabrics, Automobiles, and
Light-Duty Trucks.
EPA-453/R-08-006, Control
Techniques Guidelines for
Automobile and Light-Duty
Truck Assembly Coatings.
Cans and Coils, Surface Coating of..... 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.
Fiberglass Boat Manufacturing.......... EPA-453/R-08-004, Controls
Techniques Guidelines for
Fiberglass Boat Manufacturing.
Flat Wood Paneling, Surface Coating of. EPA-450/2-78-032, Control of
Volatile Organic Emissions
from Existing Stationary
Sources--Volume VII: Factory
Surface Coating of Flat Wood
Paneling.
EPA-453/R-06-004, Control
Techniques Guidelines for Flat
Wood Paneling Coatings.
Flexible Packing Printing.............. EPA-453/R-06-003, Control
Techniques Guidelines for
Flexible Package Printing.
Graphic Arts--Rotogravure and EPA-450/2-78-033, Control of
Flexography. Volatile Organic Emissions
from Existing Stationary
Sources, Volume III: Graphic
Arts--Rotogravure and
Flexography.
Large Appliances, Surface Coating of... EPA-450/2-77-034, Control of
Volatile Organic Emissions
from Existing Stationary
Sources--Volume V: Surface
Coating of Large Appliances.
EPA-453/R-07-004, Control
Techniques Guidelines for
Large Appliance Coatings.
Large Petroleum Dry Cleaners........... EPA-450/3-82-009, Control of
Volatile Organic Compound
Emissions from Large Petroleum
Dry Cleaners.
Offset Lithographic Printing and EPA-453/R-06-002, Control
Letterpress Printing. Techniques Guidelines for
Offset Lithographic Printing
and Letterpress Printing.
Magnet Wire, Surface Coating for EPA-450/2-77-033, Control of
Insulation of. Volatile Organic Emissions
from Existing Stationary
Sources--Volume IV: Surface
Coating of Insulation of
Magnet Wire.
Metal Furniture Coatings............... EPA-450/2-77-032, Control of
Volatile Organic Emissions
from Existing Stationary
Sources--Volume III: Surface
Coating of Metal Furniture.
EPA-453/R-07-005, Control
Techniques Guidelines for
Metal Furniture Coatings.
Miscellaneous Metal and Plastic Parts EPA-453/R-08-003, Control
Coatings. Techniques Guidelines for
Miscellaneous Metal and
Plastic Parts Coatings.
Miscellaneous Metal Parts and Products, EPA-450/2-78-015, Control of
Surface Coating of. Volatile Organic Emissions
from Existing Stationary
Sources--Volume IV: Surface
Coating of Miscellaneous Metal
Parts and Products.
Miscellaneous Industrial Adhesives..... EPA-453/R-08-005, Control
Techniques Guidelines for
Miscellaneous Industrial
Adhesives.
Natural Gas/Gasoline Processing Plants EPA-450/2-83-007, Control of
Equipment Leaks. Volatile Organic Compound
Equipment Leaks from Natural
Gas/Gasoline Processing
Plants.
Paper, Film and Foil Coatings.......... EPA-453R-07-003, Control
Techniques Guidelines for
Paper, Film and Foil Coatings.
Petroleum Refineries................... EPA-450/2-77-025, Control of
Refinery Vacuum Producing
Systems, Wastewater
Separators, and Process Unit
Turnarounds.
EPA-450/2-78-036, Control of
Volatile Organic Compound
Leaks from Petroleum Refinery
Equipment.
Pharmaceutical Products................ EPA-450/2-78-029, Control of
Volatile Organic Emissions
from Manufacture of
Synthesized Pharmaceutical
Products.
Pneumatic Rubber Tires, Manufacture of. EPA-450/2-78-030, Control of
Volatile Organic Emissions
from Manufacture of Pneumatic
Rubber Tires.
Polyester Resin........................ EPA-450/3-83-008, Control of
Volatile Organic Compound
Emissions from Manufacture of
High-Density Polyethylene,
Polypropylene, and Polystyrene
Resins.
EPA-450/3-83-006, Control of
Volatile Organic Compound
Leaks from Synthetic Organic
Chemical Polymer and Resin
Manufacturing Equipment.
Shipbuilding/Repair.................... EPA-453/R-94-032, Shipbuilding/
Repair.
Synthetic Organic Chemical............. 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.
Wood Furniture......................... EPA-453/R-96-007, Wood
Furniture.
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Page 69878
We proposed to approve ICAPCD's 2009 RACT SIP and negative declarations because we determined that they complied with the relevant CAA requirements. Our proposed action contains more information on the submitted document and our evaluation.
-
Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period. During this period, we received no comments.
-
EPA Action
No comments were submitted. Therefore, as authorized in section 110(k)(3) of the Act, the EPA is fully approving this document, including the negative declarations, into the California SIP.
-
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 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 Order 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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 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, this approved action does not apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rules do 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 January 11, 2016. 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: October 19, 2015.
Jared Blumenfeld,
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
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding reserved paragraph (c)(463) and adding paragraph (c)(464) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(463) Reserved
(464) The following plan was submitted on December 21, 2010 by the Governor's designee.
(i) Reserved
(ii) Additional Material.
(A) Imperial County Air Pollution Control District.
(1) Final 2009 Reasonably Available Control Technology State Implementation Plan (``2009 RACT SIP'') as adopted on July 13, 2010.
0
3. Section 52.222 is amended by adding paragraph (a)(12) to read as follows:
Sec. 52.222 Negative declarations.
(a) * * *
(12) Imperial County Air Pollution Control District.
(i)
------------------------------------------------------------------------
Negative declaration CTG
CTG Source category reference document
------------------------------------------------------------------------
Aerospace.............................. EPA-453/R-97-004, Aerospace CTG
and MACT.
Page 69879
Automobile and Light-duty Trucks, EPA-450/2-77-008, Control of
Surface Coating of. Volatile Organic Emissions
from Existing Stationary
Sources--Volume II: Surface
Coating of Cans, Coils, Paper,
Fabrics, Automobiles, and
Light-Duty Trucks.
EPA-453/R-08-006, Control
Techniques Guidelines for
Automobile and Light-Duty
Truck Assembly Coatings.
Cans and Coils, Surface Coating of..... 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.
Fiberglass Boat Manufacturing.......... EPA-453/R-08-004, Controls
Techniques Guidelines for
Fiberglass Boat Manufacturing.
Flat Wood Paneling, Surface Coating of. EPA-450/2-78-032, Control of
Volatile Organic Emissions
from Existing Stationary
Sources--Volume VII: Factory
Surface Coating of Flat Wood
Paneling.
EPA-453/R-06-004, Control
Techniques Guidelines for Flat
Wood Paneling Coatings.
Flexible Packing Printing.............. EPA-453/R-06-003, Control
Techniques Guidelines for
Flexible Package Printing.
Graphic Arts--Rotogravure and EPA-450/2-78-033, Control of
Flexography. Volatile Organic Emissions
from Existing Stationary
Sources, Volume III: Graphic
Arts--Rotogravure and
Flexography.
Large Appliances, Surface Coating of... EPA-450/2-77-034, Control of
Volatile Organic Emissions
from Existing Stationary
Sources--Volume V: Surface
Coating of Large Appliances.
EPA-453/R-07-004, Control
Techniques Guidelines for
Large Appliance Coatings.
Large Petroleum Dry Cleaners........... EPA-450/3-82-009, Control of
Volatile Organic Compound
Emissions from Large Petroleum
Dry Cleaners.
Offset Lithographic Printing and EPA-453/R-06-002, Control
Letterpress Printing. Techniques Guidelines for
Offset Lithographic Printing
and Letterpress Printing.
Magnet Wire, Surface Coating for EPA-450/2-77-033, Control of
Insulation of. Volatile Organic Emissions
from Existing Stationary
Sources--Volume IV: Surface
Coating of Insulation of
Magnet Wire.
Metal Furniture Coatings............... EPA-450/2-77-032, Control of
Volatile Organic Emissions
from Existing Stationary
Sources--Volume III: Surface
Coating of Metal Furniture.
EPA-453/R-07-005, Control
Techniques Guidelines for
Metal Furniture Coatings.
Miscellaneous Metal and Plastic Parts EPA-453/R-08-003, Control
Coatings. Techniques Guidelines for
Miscellaneous Metal and
Plastic Parts Coatings.
Miscellaneous Metal Parts and Products, EPA-450/2-78-015, Control of
Surface Coating of. Volatile Organic Emissions
from Existing Stationary
Sources--Volume IV: Surface
Coating of Miscellaneous Metal
Parts and Products.
Miscellaneous Industrial Adhesives..... EPA-453/R-08-005, Control
Techniques Guidelines for
Miscellaneous Industrial
Adhesives.
Natural Gas/Gasoline Processing Plants EPA-450/2-83-007, Control of
Equipment Leaks. Volatile Organic Compound
Equipment Leaks from Natural
Gas/Gasoline Processing
Plants.
Paper, Film and Foil Coatings.......... EPA-453R-07-003, Control
Techniques Guidelines for
Paper, Film and Foil Coatings.
Petroleum Refineries................... EPA-450/2-77-025, Control of
Refinery Vacuum Producing
Systems, Wastewater
Separators, and Process Unit
Turnarounds.
EPA-450/2-78-036, Control of
Volatile Organic Compound
Leaks from Petroleum Refinery
Equipment.
Pharmaceutical Products................ EPA-450/2-78-029, Control of
Volatile Organic Emissions
from Manufacture of
Synthesized Pharmaceutical
Products.
Pneumatic Rubber Tires, Manufacture of. EPA-450/2-78-030, Control of
Volatile Organic Emissions
from Manufacture of Pneumatic
Rubber Tires.
Polyester Resin........................ EPA-450/3-83-008, Control of
Volatile Organic Compound
Emissions from Manufacture of
High-Density Polyethylene,
Polypropylene, and Polystyrene
Resins.
EPA-450/3-83-006, Control of
Volatile Organic Compound
Leaks from Synthetic Organic
Chemical Polymer and Resin
Manufacturing Equipment.
Shipbuilding/Repair.................... EPA-453/R-94-032, Shipbuilding/
Repair.
Synthetic Organic Chemical............. 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.
Wood Furniture......................... EPA-453/R-96-007, Wood
Furniture.
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Page 69880
(ii) Submitted on December 21, 2010 and adopted on July 13, 2010.
* * * * *
FR Doc. 2015-28756 Filed 11-10-15; 8:45 am
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