[Federal Register Volume 79, Number 160 (Tuesday, August 19, 2014)]
[Rules and Regulations]
[Pages 48995-48998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19425]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0439; FRL-9914-75-Region-9]


Revisions to the California State Implementation Plan, Placer 
County Air Pollution Control District, Negative Declarations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the Placer County Air Pollution 
Control District (PCAPCD) portion of the California State 
Implementation Plan (SIP). These revisions concern negative 
declarations for volatile organic compound (VOC) source categories for 
the PCAPCD. 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 October 20, 2014 without further 
notice, unless EPA receives adverse comments by September 18, 2014. 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-
2014-0439, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email: [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 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 www.regulations.gov or email. 
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 email directly to EPA, your email 
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

[[Page 48996]]

you for clarification, EPA may not be able to consider your comment. 
Electronic files should avoid the use of special characters, any form 
of encryption, and be free of any defects or viruses.
    Docket: Generally, documents in the docket for this action are 
available electronically at www.regulations.gov and in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901. 
While all documents in the docket are listed at www.regulations.gov, 
some information may be publicly available only at the hard copy 
location (e.g., copyrighted material, large maps), 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: 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. The State's Submittal
    A. What negative declarations did the State submit?
    B. Are there other versions of these negative declarations?
    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. EPA's Recommendations
    D. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What negative declarations did the State submit?

    On February 13, 2014 PCAPCD adopted 16 negative declarations and 
stated that it did not have sources subject to the Control Techniques 
Guidelines (CTG) documents listed in Table 1. On April 14, 2014, the 
California Air Resources Board (CARB) submitted these negative 
declarations to EPA as a SIP revision.

                Table 1--Submitted Negative Declarations
------------------------------------------------------------------------
                                     Negative declaration--CTG reference
        CTG source category                       document
------------------------------------------------------------------------
Aerospace.........................  EPA-453/R-97-004--Control of VOC
                                     Emissions from Coating Operations
                                     at Aerospace Manufacturing and
                                     Rework Operations.
Automobile and Light-duty Truck     EPA-450/2-77-008--Control of
 Assembly Coatings.                  Volatile Organic Emissions from
                                     Existing Stationary Sources--Volume
                                     II: Surface Coating of Cans, Coils,
                                     Paper, Fabrics, Automobiles, and
                                     Light-Duty Trucks.
                                    EPA 450/R-08-006--Control Techniques
                                     Guidelines for Automobile and Light-
                                     duty Truck Assembly Coatings.
Dry Cleaning (Petroleum)..........  EPA-450/3-82-009--Control of
                                     Volatile Organic Compound Emissions
                                     from Large Petroleum Dry Cleaners.
Fiberglass Boat Manufacturing.....  EPA 453/R-08-004--Control Techniques
                                     Guidelines for Fiberglass Boat
                                     Manufacturing Materials.
Flexible Package Printing.........  EPA-453/R-06-003--Control Techniques
                                     Guidelines for Flexible Package
                                     Printing.
Large Appliances Surface Coatings.  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.
Magnetic Wire.....................  EPA-450/2-77-033--Control of
                                     Volatile Organic Emissions from
                                     Existing Stationary Sources, Volume
                                     IV: Surface Coating of Insulation
                                     of Magnetic 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.
Natural Gas/Gasoline..............  EPA-450/2-83-007--Control of VOC
                                     Equipment Leaks from Natural Gas/
                                     Gasoline Processing Plants.
Paper and Fabric..................  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.
Pharmaceutical Products...........  EPA-450/2-78-029--Control of
                                     Volatile Organic Emissions from
                                     Manufacture of Synthesized
                                     Pharmaceutical Products.
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.
Rubber Tires......................  EPA-450/2-78-030--Control of
                                     Volatile Organic Emissions from
                                     Manufacture of Pneumatic Rubber
                                     Tires.
Ships/Marine Coating..............  EPA-453/R-94-032 Alternative Control
                                     Technology Document--Surface
                                     Coating Operations at Shipbuilding
                                     and Ship Repair Facilities and
                                     Ships 61 FR 44050 Shipbuilding and
                                     Ship Repair Operations (Surface
                                     Coating).
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.
------------------------------------------------------------------------

    On June 24, 2014, EPA determined that the PCAPCD negative 
declarations submitted on April 14, 2014, met 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?

[[Page 48997]]

    There are no previous versions of PCAPCD's 2014 negative 
declarations in the SIP.\1\
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    \1\ PCAPCD adopted other negative declarations in the past. On 
October 7, 1997, PCAPCD adopted negative declarations to comply with 
the 1990 Clean Air Act Amendments. We approved these into the SIP on 
September 23, 1998 (63 FR 50766). On December 14, 2006, PCAPCD 
adopted additional negative declarations to comply with the 1997 8-
hour ozone National Ambient Air Quality Standards and CARB submitted 
them to us on July 11, 2007. While we have not acted on this earlier 
submittal, we have reviewed materials provided with it.
---------------------------------------------------------------------------

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 VOC regulations for the 
published 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. The negative declarations were submitted 
because there are no stationary sources exceeding the CTG's 
applicability threshold within the PCAPCD 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 CAA requirements for Reasonably Available Control 
Technology (RACT) (see section 182(b)(2)) and SIP relaxation (see 
sections 110(l) 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 PCAPCD.

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. EPA's Recommendations

    We note that in 2006, PCAPCD adopted a negative declaration for the 
Polyester Resin category, but that this category did not appear in the 
current submittal. The District should submit a negative declaration 
for the following CTGs if there are no sources in the District subject 
to the CTGs. EPA-450/3-83-008--Control of VOC Emissions from 
Manufacture of High-Density Polyethylene, Polypropylene, and 
Polystyrene Resins; and
    EPA-450/3-83-006--Control of VOC Fugitive Emissions from Synthetic 
Organic Chemical Polymer and Resin Manufacturing Equipment.

D. 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 September 18, 2014, 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 October 20, 2014.

III. 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

[[Page 48998]]

appropriate circuit by October 20, 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. 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: July 21, 2014.
Deborah Jordan,
Acting 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 52.222, is amended by adding paragraph (a)(4)(ii)and (iii) 
to read as follows:


Sec.  52.222  Negative declarations.

* * * * *
    (a) * * *
    (4) * * *
    (ii)

------------------------------------------------------------------------
                                     Negative declaration--CTG reference
        CTG source category                       document
------------------------------------------------------------------------
Aerospace.........................  EPA-453/R-97-004--Control of VOC
                                     Emissions from Coating Operations
                                     at Aerospace Manufacturing and
                                     Rework Operations.
Automobile and Light-duty Truck     EPA-450/2-77-008--Control of
 Assembly Coatings.                  Volatile Organic Emissions from
                                     Existing Stationary Sources--Volume
                                     II: Surface Coating of Cans, Coils,
                                     Paper, Fabrics, Automobiles, and
                                     Light-Duty Trucks.
                                    EPA 450/R-08-006--Control Techniques
                                     Guidelines for Automobile and Light-
                                     duty Truck Assembly Coatings.
Dry Cleaning (Petroleum)..........  EPA-450/3-82-009--Control of
                                     Volatile Organic Compound Emissions
                                     from Large Petroleum Dry Cleaners.
Fiberglass Boat Manufacturing.....  EPA 453/R-08-004--Control Techniques
                                     Guidelines for Fiberglass Boat
                                     Manufacturing Materials.
Flexible Package Printing.........  EPA-453/R-06-003--Control Techniques
                                     Guidelines for Flexible Package
                                     Printing.
Large Appliances Surface Coatings.  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.
Magnetic Wire.....................  EPA-450/2-77-033--Control of
                                     Volatile Organic Emissions from
                                     Existing Stationary Sources, Volume
                                     IV: Surface Coating of Insulation
                                     of Magnetic 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.
Natural Gas/Gasoline..............  EPA-450/2-83-007--Control of VOC
                                     Equipment Leaks from Natural Gas/
                                     Gasoline Processing Plants.
Paper and Fabric..................  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.
Pharmaceutical Products...........  EPA-450/2-78-029--Control of
                                     Volatile Organic Emissions from
                                     Manufacture of Synthesized
                                     Pharmaceutical Products.
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.
Rubber Tires......................  EPA-450/2-78-030--Control of
                                     Volatile Organic Emissions from
                                     Manufacture of Pneumatic Rubber
                                     Tires.
Ships/Marine Coating..............  EPA-453/R-94-032 Alternative Control
                                     Technology Document--Surface
                                     Coating Operations at Shipbuilding
                                     and Ship Repair Facilities and
                                     Ships 61 FR 44050 Shipbuilding and
                                     Ship Repair Operations (Surface
                                     Coating).
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.
------------------------------------------------------------------------

    (iii) Submitted on April 14, 2014 and adopted on February 13, 2014.
* * * * *
[FR Doc. 2014-19425 Filed 8-18-14; 8:45 am]
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