[Federal Register Volume 83, Number 90 (Wednesday, May 9, 2018)]
[Proposed Rules]
[Pages 21235-21237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09888]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0160; FRL-9977-85--Region 9]


Air Plan Approval; California; Yolo-Solano Air Quality Management 
District; Negative Declarations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Yolo-Solano Air Quality Management District 
(YSAQMD or ``District'') portion of the California State Implementation 
Plan (SIP). This revision concerns the District's negative declarations 
for several volatile organic compound (VOC) source categories included 
in its Reasonably Available Control Technology (RACT) State 
Implementation Plan Analysis. We are proposing to approve these 
negative declarations under the Clean Air Act (CAA or ``the Act''). We 
are taking comments on this proposal and plan to follow with a final 
action.

DATES: Any comments must arrive by June 8, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2018-0160 at https://www.regulations.gov/, or via email to Stanley 
Tong, 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: Stanley Tong, EPA Region IX, (415) 
947-4122, [email protected].

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

Table of Contents

I. The State's Submittal
    A. What document did the State submit?
    B. Are there other versions of the RACT SIP--negative 
declarations?
    C. What is the purpose of the submitted negative declarations?

[[Page 21236]]

II. The EPA's Evaluation and Action
    A. How did the EPA evaluate the negative declarations and what 
conclusions did the EPA reach?
    B. Public Comment and Proposed Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What document did the State submit?

    On September 13, 2017, YSAQMD adopted its Reasonably Available 
Control Technology State Implementation Plan Analysis for the 2008 
ozone National Ambient Air Quality Standards (NAAQS). Included in the 
District's RACT SIP analysis were several negative declarations where 
the District stated that it did not have sources subject to the Control 
Techniques Guidelines (CTG) documents listed below in Table 1. The 
District's RACT SIP further stated that the negative declarations were 
for the 1997 and 2008 ozone NAAQS. On November 13, 2017, the California 
Air Resources Board (CARB) submitted YSAQMD's RACT SIP, including the 
following negative declarations, to the EPA as a SIP revision.
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    \1\ Negative declarations are for the 1997 and 2008 8-hour ozone 
standards.

              Table 1--Submitted Negative Declarations \1\
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           CTG document                      CTG document title
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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.
EPA-450/2-77-025..................  Control of Refinery Vacuum Producing
                                     Systems, Wastewater Separators, and
                                     Process Unit Turnarounds.
EPA-450/2-77-032..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume III: Surface
                                     Coating of Metal Furniture.
EPA-450/2-77-033..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume IV: Surface Coating
                                     of Insulation of Magnet Wire.
EPA-450/2-77-034..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume V: Surface Coating
                                     of Large Appliances.
EPA-450/2-77-036..................  Control of Volatile Organic
                                     Emissions from Storage of Petroleum
                                     Liquids in Fixed-Roof Tanks.
EPA-450/2-78-029..................  Control of Volatile Organic
                                     Emissions from Manufacture of
                                     Synthesized Pharmaceutical
                                     Products.
EPA-450/2-78-032..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume VII: Factory
                                     Surface Coating of Flat Wood
                                     Paneling.
EPA-450/2-78-033..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume VIII: Graphic Arts-
                                     Rotogravure and Flexography.
EPA-450/2-78-036..................  Control of Volatile Organic Compound
                                     Leaks from Petroleum Refinery
                                     Equipment.
EPA-450/2-78-030..................  Control of Volatile Organic
                                     Emissions from Manufacture of
                                     Pneumatic Rubber Tires.
EPA-450/3-82-009..................  Control of Volatile Organic Compound
                                     Emissions from Large Petroleum Dry
                                     Cleaners.
EPA-450/3-83-008..................  Control of Volatile Organic Compound
                                     Emissions from Manufacture of High-
                                     Density Polyethylene,
                                     Polypropylene, and Polystyrene
                                     Resins.
EPA-450/3-83-007..................  Control of Volatile Organic Compound
                                     Equipment Leaks from Natural Gas/
                                     Gasoline Processing Plants.
EPA-450/3-83-006..................  Control of Volatile Organic Compound
                                     Leaks from Synthetic Organic
                                     Chemical Polymer and Resin
                                     Manufacturing Equipment.
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.
EPA-453/R-96-007..................  Control of Volatile Organic Compound
                                     Emissions from Wood Furniture
                                     Manufacturing Operations.
61 FR-44050 8/27/96...............  Control Techniques Guidelines for
                                     Shipbuilding and Ship Repair
                                     Operations (Surface Coating).
EPA-453/R-97-004..................  Aerospace (CTG & MACT).
EPA-453/R-06-003..................  Control Techniques Guidelines for
                                     Flexible Package Printing.
EPA-453/R-06-004..................  Control Techniques Guidelines for
                                     Flat Wood Paneling Coatings.
EPA 453/R-07-003..................  Control Techniques Guidelines for
                                     Paper, Film, and Foil Coatings.
EPA 453/R-07-004..................  Control Techniques Guidelines for
                                     Large Appliance Coatings.
EPA 453/R-07-005..................  Control Techniques Guidelines for
                                     Metal Furniture Coatings.
EPA 453/R-08-005..................  Control Techniques Guidelines for
                                     Miscellaneous Industrial Adhesives.
EPA 453/R-08-006..................  Control Techniques Guidelines for
                                     Automobile and Light-Duty Truck
                                     Assembly Coatings.
EPA 453/R-08-003..................  Control Techniques Guidelines for
                                     Miscellaneous Metal and Plastic
                                     Parts Coatings (plastic parts
                                     portion only).
EPA 453/B-16-001..................  Control Techniques Guidelines for
                                     the Oil and Natural Gas Industry.
------------------------------------------------------------------------

    On April 11, 2018, the EPA determined that the negative 
declarations submitted as part of YSAQMD's RACT SIP 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 the RACT SIP--negative declarations?

    On April 6, 2018 (83 FR 14754), we approved YSAQMD's RACT SIP 
certification, including several negative declarations for the 1997 8-
hour ozone NAAQS.

C. What is the purpose of the submitted negative declarations?

    Volatile Organic Compounds (VOCs) and nitrogen oxides 
(NOX) together produce ground-level ozone, smog and 
particulate matter, 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 CTG document and 
for any major source of VOCs or NOX. The YSAQMD is subject 
to this requirement because it regulates part of the Sacramento 
Metropolitan ozone nonattainment area that is classified as a Severe-15 
ozone nonattainment area

[[Page 21237]]

for the 2008 8-hour ozone NAAQS.\2\ Therefore, the YSAQMD 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 that it regulates.
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    \2\ 40 CFR 81.305; 80 FR 12264 (March 6, 2015). The YSAQMD 
regulates the Solano County and Yolo County portions of the 
Sacramento Metro ozone nonattainment area.
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    The EPA's rule to implement the 2008 8-hour ozone NAAQS (80 FR 
12264 at 12278, March 6, 2015) states in part ``. . . RACT SIPs must 
contain adopted RACT regulations, certifications where appropriate that 
existing provisions are RACT . . . and/or negative declarations that 
there are no sources in the nonattainment area covered by a specific 
CTG source category.'' YSAQMD's RACT SIP submittal includes the 
negative declarations listed in Table 1 to certify that it has no 
stationary sources within its jurisdiction that are covered by the 
listed CTGs.

II. The EPA's Evaluation and Action

A. How did the EPA evaluate the negative declarations and what 
conclusions did the EPA reach?

    SIP rules must require RACT for each category of sources covered by 
a CTG document as well as each major source of VOC or NOX in 
ozone nonattainment areas classified as Moderate or above (see CAA 
section 182(b)(2)). States should submit for SIP approval negative 
declarations for those source categories for which they are not 
adopting VOC CTG-based regulations (because they have no sources 
covered by the CTG) regardless of whether such negative declarations 
were made for an earlier RACT SIP.
    The EPA reviewed YSAQMD's list of negative declarations and 
compared the District's list against a list of stationary sources of 
VOCs derived from CARB's emissions inventory database for the years 
2006 and 2015. The EPA selected these years based on when the RACT SIPs 
were due for the 1997 and 2008 8-hour ozone standards. Since the CTGs 
only cover VOC sources and do not cover NOX sources, we took 
CARB's emissions inventory list of VOC stationary sources in the YSAQMD 
and identified those with a sufficient quantity of VOC emissions that 
they could potentially be covered by a CTG. We then performed an 
internet search on these sources to determine if they performed 
operations subject to any of the CTGs for which YSAQMD was claiming a 
negative declaration. Our evaluation also included a review of whether 
identified stationary sources' Standard Industrial Code classification 
numbers corresponded to negative declarations claimed by the District. 
Finally, we queried YSAQMD staff regarding what VOC producing 
operations occurred at specific stationary source facilities to 
determine if any of those operations might be subject to a negative 
declaration. Based on this, the EPA agrees with YSAQMD's conclusion 
that it has no stationary sources of VOCs that are subject to the CTGs 
for which they have adopted negative declarations for the 1997 and 2008 
8-hour ozone NAAQS. We believe these negative declarations are 
consistent with the relevant policy and guidance regarding RACT and SIP 
relaxations.

B. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted negative declarations for the 1997 and 2008 
8-hour ozone NAAQS because they fulfill all relevant requirements. We 
will accept comments from the public on this proposal until June 8, 
2018. If we take final action to approve the submitted negative 
declarations, our final action will incorporate them 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 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: April 27, 2018.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2018-09888 Filed 5-8-18; 8:45 am]
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