[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

40 CFR Part 52

[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.

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

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, [email protected].

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


[[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.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments.

III. 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.

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, 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.
------------------------------------------------------------------------


[[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]
 BILLING CODE 6560-50-P