[Federal Register Volume 76, Number 98 (Friday, May 20, 2011)]
[Rules and Regulations]
[Pages 29153-29156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12362]


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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.

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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: [email protected].
    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, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What negative declarations did the State submit?
    B. Are there other versions of these negative declarations?

[[Page 29154]]

    C. What is the purpose of the submitted negative declarations?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the negative declarations?
    B. Do the negative declarations meet the evaluation criteria?
    C. Public Comment and Final Action
III. Background Information
    A. Why were these negative declarations submitted?
IV. Administrative Requirements

I. The State's Submittal

A. 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.

B. Are there other versions of these negative declarations?

    There are no previous versions of these negative declarations.

C. 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.

II. EPA's Evaluation and Action

A. 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.

B. 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.

C. 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.

III. Background Information

A. 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

[[Page 29155]]

Control Technique Guideline Series and for all major non-CTG sources of 
VOC or NOX in 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.
------------------------------------------------------------------------

IV. 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

[[Page 29156]]

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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