[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)]
[Proposed Rules]
[Pages 35149-35153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15982]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0524; FRL-9965-46-Region 9]


Approval of California Air Plan Revisions, Antelope Valley Air 
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve and conditionally approve revisions to the Antelope Valley Air 
Quality Management District (AVAQMD or ``District'') portion of the 
California State Implementation Plan (SIP). These revisions concern the 
District's demonstration regarding Reasonably Available Control 
Technology (RACT) requirements for the 1997 8-hour ozone and the 2008 
8-hour ozone National Ambient Air Quality Standards (NAAQS or 
``standard'') in the Antelope Valley ozone nonattainment area. The EPA 
previously proposed to partially approve and partially disapprove 
AVAQMD's RACT SIP submittals for the 1997 and 2008 8-hour ozone NAAQS 
(2006 and 2015 RACT SIPs) because we found that existing District rules 
implemented RACT for many, but not all, applicable sources. The AVAQMD 
has since addressed or committed to address these deficiencies. 
Therefore, we withdraw our previous proposed partial approval and 
partial disapproval of the AVAQMD 2006 and 2015 RACT SIPs, and now 
propose to partially approve and partially conditionally approve them 
into the California SIP. The EPA is also proposing to approve AVAQMD 
negative declarations into the SIP for the 1997 and the 2008 ozone 
standards.
    We are proposing action on local SIP revisions under the Clean Air 
Act (CAA or Act). We are taking comments on this proposal and plan to 
follow with a final action.

DATES: Any comments must arrive by August 28, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0524 at https://www.regulations.gov/, or via email to Nancy 
Levin, Rulemaking Office at [email protected]. For comments submitted 
at Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be removed or edited from 
Regulations.gov. For either manner of submission, the EPA may publish 
any comment received to its public docket. Do not submit electronically 
any information you consider to be Confidential Business Information 
(CBI) or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e. on the Web, cloud, or other 
file sharing system). For additional submission methods, please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section. 
For the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, (415) 942-
3848, [email protected].

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

[[Page 35150]]

Table of Contents

I. The State's Submittal
    A. What documents did the State submit?
    B. Are there other versions of these documents?
    C. What is the purpose of the submitted documents?
II. The EPA's Evaluation and Proposed Action
    A. How is the EPA evaluating the submitted documents?
    B. Do the documents meet the evaluation criteria?
    C. EPA recommendations to further improve the RACT SIPs
    D. Public comment and proposed action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What documents did the State submit?

    Table 1 lists the documents addressed by this proposal with the 
dates that they were adopted by the local air agency and submitted by 
the California Air Resources Board (CARB).

                                          Table 1--Submitted Documents
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                 Local agency                               Document                  Adopted        Submitted
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AVAQMD........................................  AVAQMD 8-Hour Reasonably                09/19/06        01/31/07
                                                 Available Control Technology--
                                                 State Implementation Plan
                                                 Analysis (RACT SIP Analysis)--
                                                 1997 8-hour Ozone NAAQS ``2006
                                                 RACT SIP''.
AVAQMD........................................  AVAQMD 8-Hour Reasonably                07/21/15        10/23/15
                                                 Available Control Technology--
                                                 State Implementation Plan
                                                 Analysis (2015 RACT SIP
                                                 Analysis)--2008 8-hour Ozone
                                                 NAAQS ``2015 RACT SIP''.
AVAQMD........................................  AVAQMD Federal Negative                 07/21/15        10/23/15
                                                 Declarations for Twenty Control
                                                 Techniques Guidelines Source
                                                 Categories.
AVAQMD........................................  AVAQMD Federal Negative                 12/20/16        06/07/17
                                                 Declarations for Seven Control
                                                 Techniques Guidelines Source
                                                 Categories.
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    In addition to these SIP submittals, the District and CARB 
transmitted commitment letters to EPA to adopt and submit specific 
enforceable measures within a year of our final action that would 
remedy the deficiencies we identified in our December 15, 2016 proposed 
partial approval and partial disapproval.1 2
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    \1\ Letter from Bret Banks, Antelope Valley Air Quality 
Management District (AVAQMD) to Alexis Strauss, U.S. Environmental 
Protection Agency (EPA) and Richard Corey, California Air Resources 
Board (CARB), dated June 26, 2017. Letter from Karen Magliano, CARB, 
to Alexis Strauss, EPA, dated June 27, 2017.
    \2\ 81 FR 90754 (December 15, 2016).
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    On July 31, 2007, the submittal for AVAQMD's 2006 RACT SIP for the 
1997 8-hour ozone NAAQS was deemed by operation of law to meet the 
completeness criteria in Title 40 of the Code of Federal Regulations 
(CFR) part 51 Appendix V, which must be met before formal EPA review. 
On March 9, 2016, the submittal for the AVAQMD's 2015 RACT SIP for the 
2008 8-hour ozone NAAQS, including Federal Negative Declarations for 
Twenty Control Techniques Guidelines Source Categories, was found to 
meet the completeness criteria. On June 23, 2017, the EPA found that 
the submittal of AVAQMD's Federal Negative Declarations for Seven 
Control Techniques Guidelines Source Categories met the completeness 
criteria.

B. Are there other versions of these documents?

    There are no previous versions of these documents in the AVAQMD 
portion of the California SIP for the 1997 or 2008 8-hour ozone 
standards.

C. What is the purpose of the submitted documents?

    Volatile Organic Compounds (VOCs) and nitrogen oxides 
(NOX) help produce ground-level ozone and smog, which harm 
human health and the environment. Section 110(a) of the CAA requires 
states to submit regulations that control VOC and NOX 
emissions. Sections 182(b)(2) and (f) require that SIPs for ozone 
nonattainment areas classified as moderate or above implement RACT for 
any source covered by a ``Control Techniques Guidelines'' (CTG) 
document and for any major source of VOCs or NOX. The AVAQMD 
is subject to this requirement as it was previously designated and 
classified as a moderate nonattainment area for the 1997 NAAQS and is 
currently classified as a severe-15 ozone nonattainment area for the 
1997 and the 2008 8-hour ozone NAAQS.\3\ Therefore, the AVAQMD must, at 
a minimum, adopt RACT-level controls for all sources covered by a CTG 
document and for all major non-CTG sources of VOCs or NOX 
within the nonattainment area. Any stationary source that emits or has 
the potential to emit at least 100 tons per year of VOCs or 
NOX is a major stationary source in a moderate ozone 
nonattainment area (CAA section 182(b)(2), (f) and 302(j)), and any 
stationary source that emits or has the potential to emit at least 25 
tons per year of VOCs or NOX is a major stationary source in 
a severe ozone nonattainment area (CAA sections 182(d) and (f)).
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    \3\ 40 CFR 81.305; 69 FR 23858 at 23884 (April 30, 2004) (final 
rule designating and classifying Antelope Valley as a subpart 2/
moderate nonattainment for the 1997 8-hour ozone NAAQS); 77 FR 26950 
(May 8, 2012) (final rule reclassifying Antelope Valley as severe-15 
nonattainment for the 1997 8-hour ozone NAAQS); and 77 FR 30088 at 
30100 (May 21, 2012) (final rule designating and classifying 
Antelope Valley as severe-15 nonattainment for the 2008 8-hour ozone 
NAAQS). Antelope Valley AQMD is listed in the final rulemaking under 
``Los Angeles-San Bernardino Cos (W Mojave Desert), CA: Los Angeles 
County (part).'' The EPA evaluated AVAQMD's 2006 RACT SIP submittal 
as a moderate ozone nonattainment area since the District adopted 
its 2006 certification based on that classification. On March 13, 
2014, the AVAQMD provided additional information to supplement its 
2006 RACT SIP, to address the EPA's September 11, 2006 comments on 
the 2006 RACT SIP.
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    Section IV.G of the preamble to the EPA's final rule to implement 
the 1997 8-hour ozone NAAQS (70 FR 71612, November 29, 2005) discusses 
RACT requirements. It states in part that where a RACT SIP is required, 
states implementing the 8-hour standard generally must assure that RACT 
is met, either through a certification that previously required RACT 
controls still represent RACT for 8-hour implementation purposes or 
through a new RACT determination. Section III.D of the preamble to the 
EPA's final rule to implement the 2008 ozone NAAQS (80 FR 12264, March 
6, 2015) discusses similar requirements for RACT. The submitted 
documents provide AVAQMD's analyses of its compliance with the CAA 
section 182 RACT requirements for the 1997 and 2008 8-hour ozone NAAQS. 
The EPA's technical support documents (TSDs) \4\

[[Page 35151]]

have more information about the District's submissions and the EPA's 
evaluations thereof.
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    \4\ The docket for this proposed action (https://www.regulations.gov/docket?D=EPA-R09-OAR-2016-0524) contains three 
TSDs. Two supported our December 15, 2016 proposed action (81 FR 
90754) on the 2006 and 2015 AVAQMD RACT SIPs (2006 and 2015 RACT SIP 
TSDs), and are dated November 2016. Although we are withdrawing our 
December 15, 2016 proposed partial approval/disapproval, the 2006 
and 2015 RACT SIP TSDs contain pertinent information and analysis 
that support our current action. The third TSD supports today's 
action, and is dated July 2017.
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II. The EPA's Evaluation and Proposed Action

A. How is the EPA evaluating the submitted documents?

    SIP rules must be enforceable (see CAA section 110(a)(2)), must not 
interfere with applicable requirements concerning attainment and 
reasonable further progress or other CAA requirements (see CAA section 
110(l)), and must not modify certain SIP control requirements in 
nonattainment areas without ensuring equivalent or greater emissions 
reductions (see CAA section 193). Generally, SIP rules must require 
RACT for each category of sources covered by a CTG document as well as 
each major source of VOCs or NOX in ozone nonattainment 
areas classified as moderate or above (see CAA section 182(b)(2)). The 
AVAQMD regulates a severe ozone nonattainment area (see 40 CFR 81.305), 
so the District's rules must implement RACT.
    States should also submit for SIP approval negative declarations 
for those source categories for which they are not adopting CTG-based 
regulations (because they have no sources above the CTG recommended 
threshold) regardless of whether such negative declarations were made 
for an earlier SIP.\5\ To do so, the submittal should provide 
reasonable assurance that no sources subject to the CTG requirements 
currently exist or are planned for the AVAQMD.
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    \5\ 57 FR 13498, 13512 (April 16, 1992).
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    Guidance and policy documents that we use to evaluate 
enforceability, rule stringency requirements and CAA section 182 RACT 
requirements for the applicable criteria pollutants include the 
following:
    1. ``Final Rule to Implement the 8-hour Ozone National Ambient Air 
Quality Standard--Phase 2'': (70 FR 71612; November 29, 2005).
    2. ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57 
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    3. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11, 
1990).
    4. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    5. ``State Implementation Plans; Nitrogen Oxides Supplement to the 
General Preamble; Clean Air Act Amendments of 1990 Implementation of 
Title I; Proposed Rule,'' (the NOX Supplement), 57 FR 55620, 
November 25, 1992.
    6. Memorandum from William T. Harnett to Regional Air Division 
Directors, (May 18, 2006), ``RACT Qs & As--Reasonably Available Control 
Technology (RACT) Questions and Answers.''
    7. RACT SIPs, Letter dated March 9, 2006 from EPA Region IX (Andrew 
Steckel) to CARB (Kurt Karperos) describing Region IX's understanding 
of what constitutes a minimally acceptable RACT SIP.
    8. RACT SIPs, Letter dated April 4, 2006 from EPA Region IX (Andrew 
Steckel) to CARB (Kurt Karperos) listing EPA's current CTGs, ACTs, and 
other documents which may help to establish RACT.
    9. ``Implementation of the 2008 National Ambient Air Quality 
Standards for Ozone: State Implementation Plan Requirements'' (80 FR 
12264; March 6, 2015).
    With respect to major stationary sources, because the Antelope 
Valley ozone nonattainment area was classified as ``moderate'' 
nonattainment for the 1997 8-hour ozone NAAQS at the time that 
California submitted the 2006 RACT SIP to the EPA, the EPA evaluated 
this submission in accordance with the 100 ton per year (tpy) threshold 
for ``major stationary sources'' of VOC or NOX emissions in 
moderate ozone nonattainment areas. (see CAA sections 182(b)(2) and 
(f)).
    AVAQMD's 2015 RACT SIP submittal contains the District's RACT 
evaluation for major stationary sources in accordance with the 25 tpy 
threshold for major stationary sources of VOC or NOX 
emissions in severe ozone nonattainment areas. (see CAA sections 182(d) 
and (f)). The EPA also evaluated AVAQMD's submittals for compliance 
with the additional RACT requirements that became applicable following 
the EPA's reclassification of the Antelope Valley ozone nonattainment 
area from ``moderate'' to ``severe'' nonattainment for the 1997 8-hour 
ozone NAAQS and classification as a severe ozone nonattainment area for 
the 2008 8-hour ozone NAAQS.

B. Do the documents meet the evaluation criteria?

    Our December 15, 2016 proposed partial approval and partial 
disapproval rulemaking and associated TSDs provide an extensive 
evaluation of AVAQMD's 2006 and 2015 RACT SIPs and negative 
declarations.\6\ See 81 FR 90754. The December 15 proposal found that 
the District's submissions largely demonstrate that the District's SIP 
meets the CAA section 182 RACT requirements, with the exception of four 
deficient rules, and nine missing negative declarations covering seven 
different CTG source categories. See id. at 90757; 42 U.S.C. 7511a. 
Accordingly, we proposed a partial approval of the District's 2006 and 
2015 RACT SIPs, with the exception of the RACT demonstration for these 
four rules and seven CTG source categories.
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    \6\ With the exception of the December 20, 2016 AVAQMD Federal 
Negative Declarations for Seven Control Techniques Guidelines Source 
Categories, which had not yet been approved and submitted to EPA.
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    Our analysis of the portion of the rule for which we proposed a 
partial approval remains unchanged, and we again propose to find that 
this portion of the District's submissions are consistent with CAA 
requirements and relevant guidance regarding enforceability, RACT, and 
SIP revisions. However, in light of the newly submitted AVAQMD Federal 
Negative Declarations for Seven Control Techniques Guidelines Source 
Categories, and the District's commitment to adopt specific enforceable 
measures to remedy the identified rule deficiencies, the EPA is now 
updating its analysis of the previously-identified deficiencies.
    The December 15, 2016 proposal concludes that with the exception of 
the following rules, all of the identified SIP rules implement RACT for 
the applicable CTG categories and for the major non-CTG stationary 
sources of VOC and NOX for the 1997 and 2008 8-hour ozone 
NAAQS: Rule 462, Organic Liquid Loading; Rule 1110.2, Emissions from 
Stationary, Non-road & Portable Internal Combustion Engines; Rule 1151, 
Motor Vehicle and Mobile Equipment Coating Operations; and Rule 1171, 
Solvent Cleaning Operations. See 81 FR at 90756. This analysis remains 
unchanged. However, on June 26, 2017, the District transmitted to CARB 
and the EPA a commitment to adopt new or revised rules that will 
resolve the identified rule deficiencies, and to transmit these rules 
to CARB within 11 months of the effective date of the EPA's final 
action on the District's

[[Page 35152]]

2006 and 2015 RACT SIP submittals. On June 27, 2017, CARB committed to 
submit these four rules to the EPA no later than one year from the 
effective date of our final action.\7\ These letters commit the 
District to adopt specific enforceable measures to correct the rule 
deficiencies, commit the State to submit them to the EPA within a one 
year time frame, and are clear and enforceable. Accordingly, we believe 
these commitment letters are consistent with CAA requirements regarding 
conditional approval for the 2006 and 2015 RACT SIPs with respect to 
these four rules.\8\ See CAA section 110(k)(4).
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    \7\ Letter from Bret Banks, Antelope Valley Air Quality 
Management District (AVAQMD) to Alexis Strauss, U.S. Environmental 
Protection Agency (EPA) and Richard Corey, California Air Resources 
Board (CARB), dated June 26, 2017. Letter from Karen Magliano, CARB, 
to Alexis Strauss, EPA, dated June 27, 2017.
    \8\ We note that the District has begun acting on its 
commitment. On June 20, 2017, the AVAQMD Governing Board adopted 
Rule 1151.1 Motor Vehicle Assembly Coating Operations, for submittal 
to EPA via CARB.
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    Where there are no existing sources covered by a particular CTG 
document, states may, in lieu of adopting RACT requirements for those 
sources, adopt negative declarations certifying that there are no such 
sources in the relevant nonattainment area. On October 23, 2015, CARB 
submitted for SIP inclusion AVAQMD's Federal Negative Declarations for 
Twenty Control Techniques Guidelines Source Categories. Our TSD for the 
2015 RACT SIP, accompanying the December 15, 2016 proposal, contains 
the EPA's evaluation of this submission. It states that we searched 
CARB's emissions inventory database and verified that there do not 
appear to be facilities in the AVAQMD that might be subject to these 
CTGs. This analysis remains unchanged, and we believe these negative 
declarations are consistent with the relevant policy and guidance 
regarding RACT.
    Our December 15, 2016 proposed action on AVAQMD's 2006 and 2015 
RACT SIPs summarizes the District's analyses of its negative 
declarations where it had no sources subject to the applicable CTG with 
regard to either or both the 1997 and 2008 8-hour ozone standards.\9\ 
The District based its conclusion on a review of permit files, 
emissions inventory data, and other documentation.
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    \9\ 81 FR 90754 at 90756-57 (December 15, 2016).
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    Based on the EPA's analysis of the District's negative 
declarations, our December 15, 2016 proposed action suggested that the 
AVAQMD should adopt negative declarations for the following CTG source 
categories if it concludes it has no sources covered by the CTGs: (for 
the 1997 8-hour ozone standard) EPA-450/2-78-032, Control of Volatile 
Organic Emissions from Existing Stationary Sources--Volume VII: Factory 
Surface Coating of Flat Wood Paneling; EPA-450/3-82-009, Control of 
Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners; 
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, can coating portion; and 
(for the 2008 8-hour ozone standard) 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, can coating portion; EPA-450/2-77-026, Control of 
Hydrocarbons from Tank Truck Gasoline Loading Terminals; EPA-450/7-77-
032, Control of Volatile Organic Emissions from Existing Stationary 
Sources--Volume III: Surface Coating of Metal Furniture; 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-08-003, Control Techniques Guidelines for Miscellaneous Metal 
and Plastic Parts Coatings, drum coating portion; EPA 453/R-08-003, 
Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts 
Coatings, pleasure craft portion. See 81 FR at 90757.
    It its June 7, 2017 submittal, AVAQMD Federal Negative Declarations 
for Seven Control Techniques Guidelines Source Categories, the District 
certified that it examined its permit files, emissions inventory and 
other documentation and determined that there are no sources in the CTG 
source categories listed above.\10\ The District adopted the negative 
declarations on December 20, 2016 after reasonable notice and public 
comment.\11\ We believe these negative declarations are consistent with 
the relevant policy and guidance regarding RACT. The TSD for today's 
action has more information on our evaluation.
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    \10\ Antelope Valley Air Quality Management District Federal 
Negative Declaration (8-hour ozone Standards) for Seven Control 
Techniques Guideline Source categories, signed by Brad Poiriez, 
Executive Officer, October 19, 2016.
    \11\ See Resolution 16-04; Affidavit of Publication, October 14, 
2016.
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    Because the District has now submitted negative declarations for 
the CTG source categories found to be missing in our December 15, 2016 
proposal, the EPA now proposes to find that AVAQMD has submitted all 
necessary negative declarations to complete its RACT SIP analysis for 
the 1997 and 2008 8-hour ozone standards. Accordingly, the District's 
2006 and 2015 RACT SIPs satisfy the CAA section 182 RACT requirements, 
with the exception of the four deficient rules identified above, which 
the District has committed to correct.
    Our 2006 and 2015 RACT SIP TSDs, our December 15, 2016 proposal and 
our July 2017 RACT SIPs TSD have more information on our evaluation.

C. EPA Recommendations To Further Improve the RACT SIPs

    The 2015 RACT SIP TSD describes recommendations if additional 
emission reductions are needed for the next time the local agency 
modifies its rules.

D. Public Comment and Proposed Action

    If a portion of a plan revision meets all the applicable CAA 
requirements, section 110(k)(3) authorizes EPA to approve the plan 
revision in part. 42 U.S.C. 7410(k)(3). In addition, section 110(k)(4) 
authorizes the EPA to conditionally approve a plan revision based on a 
commitment by the state to adopt specific enforceable measures by a 
date certain but not later than one year after the effective date of 
the plan approval. 42 U.S.C. 7410(k)(4). In this instance, the 
enforceable measures that the State must submit are new or revised 
rules that correct the rule deficiencies identified above. On June 27, 
2017, the State transmitted a commitment letter from the AVAQMD to 
adopt and submit rules or rule revisions to correct the deficiencies 
identified in Rule 462, Organic Liquid Loading; Rule 1110.2, Emissions 
from Stationary, Non-road & Portable Internal Combustion Engines; Rule 
1151, Motor Vehicle and Mobile Equipment Coating Operations; and Rule 
1171, Solvent Cleaning Operations within one year of the effective date 
of the EPA's final action on the District's RACT SIP submittals. If the 
AVAQMD fails to comply with this commitment, this conditional approval 
will convert to a disapproval and start an 18-month clock for sanctions 
under CAA section 179(a)(2) and a two-year clock for a federal 
implementation plan (FIP) under CAA section 110(c)(1).
    As authorized in section 110(k)(3) and (4) of the Act, the EPA 
proposes to conditionally approve AVAQMD's 2006 and 2015 RACT SIPs with 
respect to Rule 462, Organic Liquid Loading; Rule 1110.2, Emissions 
from Stationary, Non-road & Portable Internal Combustion Engines; Rule 
1151, Motor Vehicle and

[[Page 35153]]

Mobile Equipment Coating Operations; and Rule 1171, Solvent Cleaning 
Operations. Simultaneously, EPA proposes to fully approve the remainder 
of the 2006 and 2015 RACT SIPs, and to fully approve AVAQMD's negative 
declarations submitted on October 23, 2015 and June 7, 2017. We are 
simultaneously withdrawing our December 15, 2016 proposal to partially 
approve and partially disapprove AVAQMD's 2006 and 2015 RACT SIPs 
because the AVAQMD has committed to address the identified deficiencies 
within one year of the effective date of our final action for today's 
proposed rulemaking.
    We will accept comments from the public on this proposal until 
August 28, 2017. If we take final action to approve the submitted 
documents, our final action will incorporate these documents into the 
federally-enforceable SIP.

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, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed action merely proposes to approve state law 
as meeting federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
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 (Public Law 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 the 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does 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).

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.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: July 14, 2017.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-15982 Filed 7-27-17; 8:45 am]
 BILLING CODE 6560-50-P