State Implementation Plans:
Federal Register Volume 76, Number 98 (Friday, May 20, 2011)
Rules and Regulations
Pages 29153-29156
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
FR Doc No: 2011-12362
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52
EPA-R09-OAR-2011-0030; FRL-9308-3
Revisions to the California State Implementation Plan, Mojave
Desert Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking direct final action to approve revisions to the
Mojave Desert Air Quality Management District (MDAQMD) portion of the
California State Implementation Plan (SIP). These revisions concern negative declarations for volatile organic compound (VOC) source categories for the MDAQMD. We are approving these negative declarations under the Clean Air Act as amended in 1990 (CAA or the Act).
DATES: This rule is effective on July 19, 2011 without further notice, unless EPA receives adverse comments by June 20, 2011. If we receive such comments, we will publish a timely withdrawal in the Federal
Register to notify the public that this direct final rule will not take effect.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR- 2011-0030, by one of the following methods: 1. Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions. 2. E-mail: steckel.andrew@epa.gov. 3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.
Instructions: All comments will be included in the public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through http://www.regulations.gov or e-mail. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. If
EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment.
Docket: The index to the docket for this action is available electronically at http://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available in either location
(e.g., 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: Cynthia Allen, EPA Region IX, (415) 947-4120, allen.cynthia@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
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The State's Submittal
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What negative declarations did the State submit?
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Are there other versions of these negative declarations?
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What is the purpose of the submitted negative declarations?
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EPA's Evaluation and Action
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How is EPA evaluating the negative declarations?
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Do the negative declarations meet the evaluation criteria?
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Public Comment and Final Action
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Background Information
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Why were these negative declarations submitted?
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Administrative Requirements
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The State's Submittal
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What negative declarations did the State submit?
Table 1 lists the negative declarations we are approving with the dates that they were adopted by the Mojave Desert Air Quality
Management District (MDAQMD) and submitted by the California Air
Resources Board (CARB).
Table 1--Submitted Negative Declarations
Local agency
Title
Adopted
Submitted
MDAQMD................ Pneumatic Rubber Tire
01/22/07
07/11/07
Manufacturing.
MDAQMD................ Large Petroleum Dry
01/22/07
07/11/07
Cleaners.
MDAQMD................ Surface Coating of
01/22/07
07/11/07
Cans.
MDAQMD................ Surface Coating of
01/22/07
07/11/07
Coils.
MDAQMD................ Surface Coating
01/22/07
07/11/07
Fabrics.
MDAQMD................ Surface Coating
01/22/07
07/11/07
Operations at
Automotive and Light
Duty Truck Assembly
Plants.
MDAQMD................ Surface of Coating of
01/22/07
07/11/07
Large Appliances.
MDAQMD................ Surface of Coating of
01/22/07
07/11/07
Magnet Wire.
MDAQMD................ Vacuum Producing
01/22/07
07/11/07
Devices or Systems.
MDAQMD................ Leaks From Petroleum
01/22/07
07/11/07
Refinery Equipment.
MDAQMD................ Process Unit
01/22/07
07/11/07
Turnarounds.
MDAQMD................ Equipment Leaks From
01/22/07
07/11/07
Natural Gas/Gasoline
Processing Plants.
MDAQMD................ Synthesized
01/22/07
07/11/07
Pharmaceutical
Products.
MDAQMD................ Air Oxidation Process-- 01/22/07
07/11/07
SOCMI.
MDAQMD................ Polymer Manufacturing
01/22/07
07/11/07
SOCMI and Polymer
Manufacturing
Equipment Leaks.
MDAQMD................ Reactor Processes and
01/22/07
07/11/07
Distillation
Operations in SOCMI.
MDAQMD................ Synthetic Organic
01/22/07
07/11/07
Chemical Polymer and
Resin Manufacturing.
MDAQMD................ Petroleum Refinery
08/23/10
10/22/10
Equipment.
MDAQMD................ Manufacture of High-
08/23/10
10/22/10
Density Polyethylene,
Polypropylene, and
Polystyrene Resins.
MDAQMD................ Fugitive Emissions
08/23/10
10/22/10
From Synthetic
Organic Chemical
Polymer and Resin
Manufacturing
Equipment.
On November 16, 2010, EPA determined that the submittal for Mojave
Desert AQMD Negative Declarations submitted on October 22, 2010, met the completeness criteria in 40 CFR Part 51 Appendix V, which must be met before formal EPA review.
On January 11, 2008, the submittal for Mojave Desert Negative
Declarations submitted on July 11, 2007 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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Are there other versions of these negative declarations?
There are no previous versions of these negative declarations.
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What is the purpose of the submitted negative declarations?
The negative declarations were submitted to meet the requirements of CAA section 182(b)(2). Ozone Nonattainment areas classified at moderate and above are required to adopt volatile organic compound
(VOC) regulations for the published Control Technique Guideline (CTG) categories and for major non-CTG sources of VOC or NOx. If a nonattainment area does not have stationary sources covered by an EPA published CTG, then the area is required to submit a negative declaration. The negative declarations were submitted because there are no applicable sources within the MDAQMD jurisdiction. EPA's technical support document (TSD) has more information about these negative declarations.
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EPA's Evaluation and Action
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How is EPA evaluating the negative declarations?
The negative declarations are submitted as SIP revisions and must be consistent with Clean Air Act requirements for Reasonable Available
Control Technology (RACT) (see section 182(b)(2)) and SIP relaxation
(see sections 110(1) and 193.) To do so, the submittal should provide reasonable assurance that no sources subject to the CTG requirements currently exist or are planned for the MDAQMD.
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Do the negative declarations meet the evaluation criteria?
We believe these negative declarations are consistent with the relevant policy and guidance regarding RACT and SIP relaxations. The
TSD has more information on our evaluation.
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Public Comment and Final Action
As authorized in section 110(k)(3) of the Act, EPA is fully approving the submitted negative declarations as additional information to the SIP because we believe they fulfill all relevant requirements.
We do not think anyone will object to this approval, so we are finalizing it without proposing it in advance. However, in the Proposed
Rules section of this Federal Register, we are simultaneously proposing approval of these negative declarations. If we receive adverse comments by June 20, 2011, we will publish a timely withdrawal in the Federal
Register to notify the public that the direct final approval will not take effect and we will address the comments in a subsequent final action based on the proposal. If we do not receive timely adverse comments, the direct final approval will be effective without further notice on July 19, 2011.
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Background Information
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Why were these negative declarations submitted?
These negative declarations were submitted to fulfill the requirements of CAA Section 182(a)(2). Section 182 requires that ozone nonattainment areas adopt VOC regulations found in the
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Control Technique Guideline Series and for all major non-CTG sources of
VOC or NOXin their geographic area. Mojave Desert AQMD is a nonattainment area for ozone and thus is required to adopt reasonable available control technology (RACT) regulations for all CTG sources and major non-CTG sources. Section 110(a) of the CAA requires States to submit regulations that control VOC emissions. Table 2 lists some of the national milestones leading to the submittal of these local agency negative declarations.
Table 2--Ozone Nonattainment Milestones
Date
Event
March 3, 1978........................... EPA promulgated a list of ozone attainment areas Under the Clean Air Act as amended in 1977. 43 FR 8964; 40 CFR 81.305.
May 26, 1988............................ EPA notified Governors that parts of their SIPs were inadequate to attain and maintain the ozone standard and requested that they correct the deficiencies
(EPA's SIP-Call). See section 110(a)(2)(H) of the pre- amended Act.
November 15, 1990....................... Clean Air Act Amendments of 1990 were enacted. Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401- 7671q.
May 15, 1991............................ Section 182(a)(2)(A) requires that ozone nonattainment areas correct deficient RACT rules by this date.
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Administrative Requirements
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, 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);
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 interfere with Executive Order 12898 (59 FR 7629
(Feb. 16, 1994)) because EPA lacks the discretionary authority to address environmental justice in this rulemaking.
In addition, this rule does not have Tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on Tribal governments or preempt Tribal law.
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. 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 July 19, 2011. 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. 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, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: May 9, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows:
PART 52--[AMENDED] 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 52.222 is amended by adding paragraphs (a)(1)(v) and (vi) to read as follows:
Sec. 52.222 Negative declarations.
(a) * * *
(1) * * *
(v) Pneumatic Rubber Tire Manufacturing, Large Petroleum Dry
Cleaners, Surface Coating of Cans, Surface Coating of Coils, Surface
Coating Fabrics, Surface Coating Operations at Automotive and Light
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Duty Truck Assembly Plants, Surface of Coating of Large Appliances,
Surface of Coating of Magnet Wire, Vacuum Producing Devices or Systems,
Leaks From Petroleum Refinery Equipment, Process Unit Turnarounds,
Equipment Leaks From Natural Gas/Gasoline Processing Plants,
Synthesized Pharmaceutical Products, Air Oxidation Process--SOCMI,
Polymer Manufacturing SOCMI and Polymer Manufacturing Equipment Leaks,
Reactor Processes and Distillation Operations in SOCMI, and Synthetic
Organic Chemical Polymer and Resin Manufacturing were submitted on July 11, 2007 and adopted January 22, 2007.
(vi) Petroleum Refinery Equipment, Manufacture of High-Density
Polyethylene, Polypropylene, and Polystyrene Resins, and Fugitive
Emissions from Synthetic Organic Chemical Polymer and Resin
Manufacturing Equipment were submitted on October 22, 2010 and adopted on August 23, 2010.
* * * * *
FR Doc. 2011-12362 Filed 5-19-11; 8:45 am
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