[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Rules and Regulations]
[Pages 46923-46926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21375]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0524; FRL-9968-35--Region 9]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action 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 
``standards'') in the Antelope Valley ozone nonattainment area. The EPA 
is also taking final action to approve AVAQMD negative declarations 
into the SIP for the 1997 and the 2008 ozone standards.
    We are approving local SIP revisions under the Clean Air Act (CAA 
or the Act).

DATES: This rule will be effective on November 9, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2016-0524. All documents in the docket are 
listed on the https://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available through https://www.regulations.gov, or please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section for 
additional availability information.

FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, (415) 972-
3848, [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 July 28, 2017 (82 FR 35149), the EPA proposed action on the 
following documents submitted into the California SIP.

------------------------------------------------------------------------
   Local agency           Document            Adopted        Submitted
------------------------------------------------------------------------
AVAQMD............  AVAQMD 8-Hour               09/19/06        01/31/07
                     Reasonably
                     Available Control
                     Technology--State
                     Implementation Plan
                     Analysis (RACT SIP
                     Analysis)--1997 8-
                     hour Ozone NAAQS
                     ``2006 RACT SIP''.
AVAQMD............  AVAQMD 8-Hour               07/21/15        10/23/15
                     Reasonably
                     Available Control
                     Technology--State
                     Implementation Plan
                     Analysis (2015 RACT
                     SIP Analysis)--2008
                     8-hour Ozone NAAQS
                     ``2015 RACT SIP''.
AVAQMD............  AVAQMD Federal              07/21/15        10/23/15
                     Negative
                     Declarations for
                     Twenty Control
                     Techniques
                     Guidelines Source
                     Categories.
AVAQMD............  AVAQMD Federal              12/20/16        06/07/17
                     Negative
                     Declarations for
                     Seven Control
                     Techniques
                     Guidelines Source
                     Categories.
------------------------------------------------------------------------

    Specifically, the EPA proposed 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 Mobile 
Equipment Coating Operations; and Rule 1171, Solvent Cleaning 
Operations. Simultaneously, EPA proposed 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 
simultaneously withdrew our December 15, 2016 proposal to partially 
approve and partially disapprove AVAQMD's 2006 and 2015 RACT SIPs 
because the AVAQMD committed to address the identified deficiencies 
within one year of the approval of the plan revision.
    We proposed to approve these submittals because we determined that 
they complied with the relevant CAA requirements. Our proposed action 
contains more information on the submittals and our evaluation.

[[Page 46924]]

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 subsections 
110(k)(3) and 110(k)(4) of the Act, the EPA is conditionally approving 
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 
Mobile Equipment Coating Operations; and Rule 1171, Solvent Cleaning 
Operations, and fully approving the remainder of the 2006 and 2015 RACT 
SIPs and AVAQMD's negative declarations submitted on October 23, 2015 
and June 7, 2017 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 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 (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 the 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, 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).
    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 December 11, 2017. 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: September 15, 2017.
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 52.220 is amended by adding paragraphs (c)(358)(ii), 
(c)(493) and (494) to read as follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (358) * * *
    (ii) Additional materials. (A) Antelope Valley Air Quality 
Management District.
    (1) 8-Hour Reasonably Available Control Technology--State 
Implementation Plan Analysis (RACT SIP Analysis), August 2006, adopted 
on September 19, 2006.
    (2) [Reserved]
* * * * *
    (493) The following plan was submitted by on October 23, 2015 by 
the Governor's designee.
    (i) [Reserved]
    (ii) Additional materials. (A) Antelope Valley Air Quality 
Management District.
    (1) 8-Hour Reasonably Available Control Technology--State 
Implementation Plan Analysis (RACT SIP Analysis), July 2015, adopted on 
July 21, 2015.
    (2) Antelope Valley Air Quality Management District Federal 
Negative Declaration (8 hr Ozone Standard) for Twenty CTG Source 
Categories, signed June 15, 2015 and adopted on July 21, 2015.
    (494) The following plan revision was submitted on June 7, 2017 by 
the Governor's designee.
    (i) [Reserved]
    (ii) Additional materials. (A) Antelope Valley Air Quality 
Management District.
    (1) Antelope Valley Air Quality Management District Federal 
Negative Declaration (8-hour Ozone Standards) for Seven Control 
Techniques Guideline

[[Page 46925]]

Source Categories, signed October 19, 2016 and adopted on December 20, 
2016.
    (2) [Reserved]

0
3. Section 52.222 is amended by adding paragraphs (a)(6)(x) and (xi) to 
read as follows:


Sec.  52.222  Negative declarations.

    (a) * * *
    (6) * * *
    (x) The following negative declarations for the 2008 ozone NAAQS 
were adopted by the District on July 21, 2015 and submitted to EPA on 
October 23, 2015.

------------------------------------------------------------------------
        CTG source category                CTG reference document
------------------------------------------------------------------------
Bulk Gasoline Plants..............  Control of Volatile Organic
                                     Emissions from Bulk Gasoline Plants
                                     (EPA-450/2-77-035, 12/1977).
Coils.............................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume II: Surface Coating
                                     of Cans, Coils, Paper, Fabrics,
                                     Automobiles, and Light-Duty Trucks
                                     (EPA-450/2-77-008, 05/1977).
Fiberglass Boat Manufacturing       Control Techniques Guidelines for
 Materials.                          Fiberglass Boat Manufacturing
                                     Materials (EPA-453/R-08-004, 09/
                                     2008).
Fixed-Roof Tanks..................  Control Volatile Organic Emissions
                                     from Storage of Petroleum Liquids
                                     in Fixed-Roof Tanks (EPA-450/2-77-
                                     036, 12/1977).
Flat Wood Paneling................  Control Techniques Guidelines for
                                     Flat Wood Paneling Coatings (EPA-
                                     453/R-06-004, 09/2006).
Floating-Roof Tanks...............  Control of Volatile Organic
                                     Emissions from Petroleum Liquid
                                     Storage in External Floating Roof
                                     Tanks (EPA-450/2-78-047, 12/1978).
Insulation of Magnet Wire.........  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume IV: Surface Coating
                                     of Insulation of Magnet Wire (EPA-
                                     450/2-77-033, 12/1977).
Large Appliance Coatings..........  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume V: Surface Coating
                                     of Large Appliances (EPA-450/2-77-
                                     034, 12/1977).
                                    Control Techniques Guidelines for
                                     Large Appliance Coatings (EPA-453/R-
                                     07-004, 09/2007).
Large Petroleum Dry Cleaners......  Control of Volatile Organic Compound
                                     Emissions from Large Petroleum Dry
                                     Cleaners (EPA-450/3-82-009, 09/
                                     1982).
Manufacture of High-Density         Control of Volatile Organic Compound
 Polyethylene, Polypropylene, and    Emissions from Manufacture of High-
 Polystyrene Resins.                 Density Polyethylene,
                                     Polypropylene, and Polystyrene
                                     Resins (EPA-450/3-83-008, 11/1983).
Metal Furniture Coating...........  Control Techniques Guidelines for
                                     Metal Furniture Coatings (EPA-453/R-
                                     07-005, 09/2007).
Natural Gas/Gasoline Processing     Control of Volatile Organic Compound
 Plants.                             Leaks from Natural Gas/Gasoline
                                     Processing Plants (EPA-450/3-83-
                                     007, 12/1983).
Petroleum Refinery Equipment......  Control of Volatile Organic Compound
                                     Leaks from Petroleum Refinery
                                     Equipment (EPA-450/2-78-036, 06/
                                     1978).
Pneumatic Rubber Tires............  Control of Volatile Organic
                                     Emissions from Manufacture of
                                     Pneumatic Rubber Tires (EPA-450/2-
                                     78-030, 12/1978).
Refinery Vacuum Producing Systems,  Control of Refinery Vacuum Producing
 Wastewater Separators, and          Systems, Wastewater Separators, and
 Process Unit Turnarounds.           Process Unit Turnarounds (EPA-450/2-
                                     77-025, 10/1977).
Shipbuilding and Ship Repair        Control Techniques Guidelines for
 Surface Coating Operations.         Shipbuilding and Ship Repair
                                     Operations (Surface Coating) (61 FR
                                     44050, 08/27/96) and EPA-453/R-94-
                                     032, 04/1994.
Synthesized Pharmaceutical          Control of Volatile Organic
 Products.                           Emissions from Manufacture of
                                     Synthesized Pharmaceutical Products
                                     (EPA-450/2-78-029, 12/1978).
Synthetic Organic Chemical          Control Volatile Organic Compound
 Manufacturing Industry.             Emissions from Air Oxidation
                                     Processes in Synthetic Organic
                                     Chemical Manufacturing Industry
                                     (EPA-450/3-84-015, 12/1984).
                                    Control of Volatile Organic Compound
                                     Emissions from Reactor Processes
                                     and Distillation Operations in
                                     Synthetic Organic Chemical
                                     Manufacturing Industry (EPA-450/4-
                                     91-031, 08/1993).
Synthetic Organic Chemical Polymer  Control of Volatile Organic Compound
 and Resin Manufacturing Equipment.  Leaks from Synthetic Organic
                                     Chemical Polymer and Resin
                                     Manufacturing Equipment (EPA-450/3-
                                     83-006, 03/1984).
Wood Furniture Manufacturing        Control of Volatile Organic Compound
 Coating Operations.                 Emissions from Wood Furniture
                                     Manufacturing Operations (EPA-453/R-
                                     96-007, 04/1996).
------------------------------------------------------------------------

    (xi) The following negative declarations were adopted by the 
District on December 20, 2016 and submitted to EPA on June 7, 2017.

             Negative Declarations for the 1997 Ozone NAAQS
------------------------------------------------------------------------
        CTG source category                CTG reference document
------------------------------------------------------------------------
Can Coating.......................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume II: Surface Coating
                                     of Cans, Coils, Paper, Fabrics,
                                     Automobiles, and Light-Duty Trucks
                                     (EPA-450/2-77-008, 05/1977).
Flat Wood Paneling Coating........  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume VII: Factory
                                     Surface Coating of Flat Wood
                                     Paneling (EPA-450/2-78-032, 06/
                                     1978).
Large Petroleum Dry Cleaning......  Control of Volatile Organic Compound
                                     Emissions from Large Petroleum Dry
                                     Cleaners (EPA-450/3-82-009, 09/
                                     1982).
------------------------------------------------------------------------


[[Page 46926]]


             Negative Declarations for the 2008 Ozone NAAQS
------------------------------------------------------------------------
        CTG source category                CTG reference document
------------------------------------------------------------------------
Can Coating.......................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume II: Surface Coating
                                     of Cans, Coils, Paper, Fabrics,
                                     Automobiles, and Light-Duty Trucks
                                     (EPA-450/2-77-008, 05/1977).
Drum Coating......................  Control Techniques Guidelines for
                                     Miscellaneous Metal and Plastic
                                     Parts Coatings (EPA-453/R-08-003,
                                     09/2008).
Flat Wood Paneling Coating........  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume VII: Factory
                                     Surface Coating of Flat Wood
                                     Paneling (EPA-450/2-78-032, 06/
                                     1978).
Metal Furniture Coating...........  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume III: Surface
                                     Coating of Metal Furniture (EPA-450/
                                     2-77-032, 12/1977).
Pleasure Craft Coating............  Control Techniques Guidelines for
                                     Miscellaneous Metal and Plastic
                                     Parts Coatings (EPA-453/R-08-003,
                                     09/2008).
Tank Truck Gasoline Loading         Control of Hydrocarbons from Tank
 Terminals.                          Truck Gasoline Loading Terminals
                                     (EPA-450/2-77-026, 10/1977).
------------------------------------------------------------------------

* * * * *

0
4. Revise Sec.  52.248 to read as follows:


Sec.  52.248  Identification of plan--conditional approval.

    (a) The EPA is conditionally approving a California State 
Implementation Plan (SIP) revision submitted on November 13, 2015 
updating the motor vehicle emissions budgets for nitrogen oxides 
(NOX) and coarse particulate matter (PM10) for 
the 1987 24-hour PM10 standard for the San Joaquin Valley 
PM10 maintenance area. The conditional approval is based on 
a commitment from the State to submit a SIP revision that demonstrates 
full implementation of the contingency provisions of the 2007 
PM10 Maintenance Plan and Request for Redesignation 
(September 20, 2007). If the State fails to meet its commitment by June 
1, 2017, the approval is treated as a disapproval.
    (b) The EPA is conditionally approving portions of the California 
SIP revisions submitted on January 31, 2007 and October 23, 2015, 
demonstrating control measures in the Antelope Valley portion of the 
Los Angeles-San Bernardino Counties (West Mojave Desert) nonattainment 
area implement RACT for the 1997 and 2008 ozone standards. The 
conditional approval is based on a commitment from the state to submit 
new or revised rules that will correct deficiencies in the following 
rules for the Antelope Valley Air Quality Management District:
    (1) Rule 462, Organic Liquid Loading;
    (2) Rule 1110.2, Emissions from Stationary, Non-road & Portable 
Internal Combustion Engines;
    (3) Rule 1151, Motor Vehicle and Mobile Equipment Coating 
Operations; and
    (4) Rule 1171, Solvent Cleaning Operations. If the State fails to 
meet its commitment by November 9, 2018, the conditional approval is 
treated as a disapproval.

[FR Doc. 2017-21375 Filed 10-6-17; 8:45 am]
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