[Federal Register Volume 79, Number 75 (Friday, April 18, 2014)]
[Rules and Regulations]
[Pages 21849-21852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08742]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0683; FRL-9909-66-Region 9]


Revisions to the California State Implementation Plan, El Dorado 
County Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of revisions to the El Dorado County Air Quality Management 
District (EDAQMD) portion of the California State Implementation Plan 
(SIP). This action was proposed in the Federal Register on October 25, 
2013 and concerns negative declarations for volatile organic compound 
(VOC) source categories for EDAQMD. We are approving these negative 
declarations under the Clean Air Act (CAA or the Act).

DATES: This rule will be effective on May 19, 2014.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2013-0683 for 
this action. Generally, documents in the

[[Page 21850]]

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: Stanley Tong, EPA Region IX, (415) 
947-4122, [email protected].

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

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On October 25, 2013 (78 FR 63934), EPA proposed to approve the 
following document into the California SIP.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                  Local agency                                                  Document                                    Adopted         Submitted
--------------------------------------------------------------------------------------------------------------------------------------------------------
EDAQMD.........................................  EDAQMD Reasonably Available Control Technology (RACT) State                  02/06/07         07/11/07
                                                  Implementation Plan (SIP) Update Analysis Staff Report (``2006 RACT
                                                  SIP'').
--------------------------------------------------------------------------------------------------------------------------------------------------------

    On March 13, 2014 (79 FR 14176), we finalized approval of EDAQMD's 
2006 RACT SIP. Included in EDAQMD's submittal were a number of negative 
declarations. Ozone nonattainment areas classified at moderate and 
above are required to adopt VOC regulations for the published Control 
Technique Guidelines (CTG) categories and for major non-CTG sources of 
VOC or NOx. If an ozone nonattainment area does not have stationary 
sources covered by an EPA published CTG, then the area is required to 
submit a negative declaration. We proposed approval of EDAQMD's 
negative declarations listed in Table 1 below because we determined 
that they complied with the relevant CAA requirements. This action 
finalizes our approval of EDAQMD's negative declarations into the SIP. 
Our proposed action contains more information on the submitted document 
and our evaluation.

                                      Table 1--EDAQMD Negative Declarations
----------------------------------------------------------------------------------------------------------------
             CTG Source category                                      CTG Document title
----------------------------------------------------------------------------------------------------------------
Aerospace...................................  EPA-453/R-97-004--Control of VOC Emissions from Coating Operations
                                               at Aerospace Manufacturing and Rework.
Automobile Coating; Metal Coil Container, &   EPA-450/2-77-008--Control of Volatile Organic Emissions from
 Closure; Paper & Fabric.                      Existing Stationary Sources--Volume II Surface Coating of Cans,
                                               Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks.
Large Appliances............................  EPA-450/2-77-034--Control of Volatile Organic Emissions from
                                               Existing Stationary Sources, Volume V: Surface Coating of Large
                                               Appliances.
Magnet Wire.................................  EPA-450/2-77-033--Control of Volatile Organic Emissions from
                                               Existing Stationary Sources, Volume IV: Surface Coating of
                                               Insulation of Magnet Wire.
Metal Furniture.............................  EPA-450/2-77-032--Control of Volatile Organic Emissions from
                                               Existing Stationary Sources, Volume III: Surface Coating of Metal
                                               Furniture.
Ships.......................................  61 FR 44050 Shipbuilding and Ship Repair Operations (Surface
                                               Coating).
Wood Coating: Factory Surface Coating of      EPA-450/2-78-032--Control of Volatile Organic emissions from
 Flat Wood Paneling.                           Existing Stationary Sources, Volume VII: Factory Surface Coating
                                               of Flat Wood Paneling.
Wood Furniture..............................  EPA-453/R-96-007--Control of VOC Emissions from Wood Furniture
                                               Manufacturing Operations.
Natural Gas/Gasoline........................  EPA-450/2-83-007--Control of VOC Equipment Leaks from Natural Gas/
                                               Gasoline Processing Plants.
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 VOC Leaks from Petroleum Refinery
                                               Equipment.
Synthetic Organic Chemical..................  EPA-450/3-84-015--Control of VOC Emissions from Air Oxidation
                                               Processes in Synthetic Organic Chemical Manufacturing Industry.
                                              EPA-450/4-91-031--Control of VOC Emissions from Reactor Processes
                                               and Distillation Operations in SOCMI.
Tanks.......................................  EPA-450/2-77-036--Control of VOC Emissions from Storage of
                                               Petroleum Liquids in Fixed Roof Tanks.
                                              EPA-450/2-78-047--Control of VOC Emissions from Petroleum Liquid
                                               Storage in External Floating Roof Tanks.
Dry Cleaning................................  EPA-450/3-82-009--Control of VOC Emissions from Large Petroleum
                                               Dry Cleaners.
Pharmaceutical Products.....................  EPA-450/2-78-029--Control of Volatile Organic Emissions from
                                               Manufacture of Synthesized Pharmaceutical Products.
Polyester Resin.............................  EPA-450/3-83-008--Control of VOC Emissions from Manufacture of
                                               High-Density Polyethylene, Polypropylene, and Polystyrene Resins.
                                              EPA-450/3-83-006--Control of VOC Fugitive Emissions from Synthetic
                                               Organic Chemical Polymer and Resin Manufacturing Equipment.
Rubber Tires................................  EPA-450/2-78-030--Control of Volatile Organic Emissions from
                                               Manufacture of Pneumatic Rubber Tires.
----------------------------------------------------------------------------------------------------------------


[[Page 21851]]

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments on the proposed approval of 
El Dorado County's negative declarations.

III. EPA Action

    No comments were submitted. Therefore, as authorized in section 
110(k)(3) of the Act, EPA is fully approving these negative 
declarations into the California SIP.

IV. 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, 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 provide EPA with the discretionary authority to 
address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    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 June 17, 2014. 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, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: March 21, 2014.
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 paragraph (a)(7)(iii) to read as 
follows:


Sec.  52.222  Negative declarations.

* * * * *
    (a) * * *
    (7) * * *
    (iii) Control of VOC Emissions from Coating Operations at Aerospace 
Manufacturing and Rework; Control of Volatile Organic Emissions from 
Existing Stationary Sources--Volume II: Surface Coating of Cans, Coils, 
Paper, Fabrics, Automobiles, and Light-Duty Trucks; Control of Volatile 
Organic Emissions from Existing Stationary Sources, Volume V: Surface 
Coating of Large Appliances; Control of Volatile Organic Emissions from 
Existing Stationary Sources, Volume IV: Surface Coating of Insulation 
of Magnet Wire; Control of Volatile Organic Emissions from Existing 
Stationary Sources, Volume III: Surface Coating of Metal Furniture; 61 
FR 44050 Shipbuilding and Ship Repair Operations (Surface Coating); 
Control of Volatile Organic emissions from Existing Stationary Sources, 
Volume VII: Factory Surface Coating of Flat Wood Paneling; Control of 
VOC Emissions from Wood Furniture Manufacturing Operations; Control of 
VOC Equipment Leaks from Natural Gas/Gasoline Processing Plants; 
Control of Refinery Vacuum Producing Systems, Wastewater Separators, 
and Process Unit Turnarounds; Control of VOC Leaks from Petroleum 
Refinery Equipment; Control of VOC Emissions from Air Oxidation 
Processes in Synthetic Organic Chemical Manufacturing Industry; Control 
of VOC Emissions from Reactor Processes and Distillation Operations in 
SOCMI; Control of VOC Emissions from Storage of Petroleum Liquids in 
Fixed Roof Tanks; Control of VOC Emissions from Petroleum Liquid 
Storage in External Floating Roof Tanks; Control of VOC Emissions from 
Large Petroleum Dry Cleaners; Control of Volatile Organic Emissions 
from Manufacture of Synthesized Pharmaceutical Products; Control of VOC 
Emissions from Manufacture of High-Density Polyethylene, Polypropylene, 
and Polystyrene Resins; Control of VOC Fugitive Emissions from 
Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment; 
and Control

[[Page 21852]]

of Volatile Organic Emissions from Manufacture of Pneumatic Rubber 
Tires were submitted on July 11, 2007 and adopted on February 6, 2007.
* * * * *

[FR Doc. 2014-08742 Filed 4-17-14; 8:45 am]
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