[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Rules and Regulations]
[Pages 31072-31075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14197]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0160; FRL-9980-17--Region 9]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action 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 approving 
these negative declarations under the Clean Air Act (CAA or ``the 
Act'').

DATES: This rule is effective on August 2, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2018-0160. All documents in the docket are 
listed on the https://www.regulations.gov website. 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: Stanley Tong, EPA Region IX, (415) 
947-4122, [email protected].

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

[[Page 31073]]

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 13, 2017, YSAQMD adopted its Reasonably Available 
Control Technology State Implementation Plan (RACT SIP) 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 submitted YSAQMD's RACT SIP, including 
the following negative declarations, to the EPA as a SIP revision.

              Table 1--Submitted Negative Declarations \1\
------------------------------------------------------------------------
               CTG document                      CTG document title
------------------------------------------------------------------------
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-450/2-78-030..........................  Control of Volatile Organic
                                             Emissions from Manufacture
                                             of Pneumatic Rubber Tires.
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-450/3-82-009..........................  Control of Volatile Organic
                                             Compound Emissions from
                                             Large Petroleum Dry
                                             Cleaners.
EPA-450/3-83-006..........................  Control of Volatile Organic
                                             Compound Leaks from
                                             Synthetic Organic Chemical
                                             Polymer and Resin
                                             Manufacturing Equipment.
EPA-450/3-83-007..........................  Control of Volatile Organic
                                             Compound Equipment Leaks
                                             from Natural Gas/Gasoline
                                             Processing Plants.
EPA-450/3-83-008..........................  Control of Volatile Organic
                                             Compound Emissions from
                                             Manufacture of High-Density
                                             Polyethylene,
                                             Polypropylene, and
                                             Polystyrene Resins.
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.
------------------------------------------------------------------------
\1\ Negative declarations are for the 1997 and 2008 8-hour ozone NAAQS.

    On May 9, 2018 (83 FR 21235), the EPA proposed to approve YSAQMD's 
negative declarations for the 1997 and 2008 ozone NAAQS into the 
California SIP. We proposed to approve these negative declarations 
because we determined that they comply with the relevant CAA 
requirements. Our proposed action contains more information on the 
negative declarations 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 two anonymous comments that were 
outside the scope of this rulemaking. Neither of the comments were 
germane to our evaluation of YSAQMD's negative declarations.

III. EPA Action

    No comments were submitted that change our assessment of the 
suitability of the negative declarations in our proposed action and 
duplicated in Table 1 above. Therefore, as authorized in section 
110(k)(3) of the Act, the EPA is fully approving these negative 
declarations for the 1997 and 2008 ozone NAAQS 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

[[Page 31074]]

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);
     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, 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 September 4, 2018. 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: June 20, 2018.
Michael Stoker,
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 paragraph (c)(505) to read as 
follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (505) The following plan was submitted on November 13, 2017 by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional materials. (A) Yolo-Solano Air Quality Management 
District.
    (1) Reasonably Available Control Technology (RACT) State 
Implementation Plan (SIP) Analysis: ``Table 3--CTG Categories for Which 
YSAQMD Will Adopt a Negative Declaration,'' adopted on September 13, 
2017.


0
3. Section 52.222 is amended by adding paragraph (a)(14)(ii) to read as 
follows:


Sec.  52.222  Negative declarations.

    (a) * * *
    (14) * * *
    (ii) The following negative declarations are for the 1997 and 2008 
8-hour ozone NAAQS and were adopted by the District on September 13, 
2017 and submitted as part of Yolo-Solano AQMD's RACT SIP on November 
13, 2017.

------------------------------------------------------------------------
                                     Negative declaration CTG reference
        CTG source category                       document
------------------------------------------------------------------------
Aerospace.........................  EPA-453/R-97-004 Aerospace (CTG &
                                     MACT).
Automobile and Light-Duty Truck     EPA-450/2-77-008 Control of Volatile
 Assembly Coatings.                  Organic Emissions from Existing
                                     Stationary Sources--Volume II:
                                     Surface Coating of Cans, Coils,
                                     Paper, Fabrics, Automobiles, and
                                     Light-Duty Trucks.
Automobile and Light-Duty Truck     EPA 453/R-08-006 Control Techniques
 Assembly Coatings.                  Guidelines for Automobile and Light-
                                     Duty Truck Assembly Coatings.
Dry Cleaning......................  EPA-450/3-82-009 Control of Volatile
                                     Organic Compound Emissions from
                                     Large Petroleum Dry Cleaners.
Flat Wood Paneling Coatings.......  EPA-450/2-78-032 Control of Volatile
                                     Organic Emissions from Existing
                                     Stationary Sources--Volume VII:
                                     Factory Surface Coating of Flat
                                     Wood Paneling.
Flat Wood Paneling Coatings.......  EPA-453/R-06-004 Control Techniques
                                     Guidelines for Flat Wood Paneling
                                     Coatings.
Flexible Package Printing.........  EPA-453/R-06-003 Control Techniques
                                     Guidelines for Flexible Package
                                     Printing.

[[Page 31075]]

 
Graphic Arts Rotogravure and        EPA-450/2-78-033 Control of Volatile
 Flexography.                        Organic Emissions from Existing
                                     Stationary Sources--Volume VIII:
                                     Graphic Arts-Rotogravure and
                                     Flexography.
Large Appliance Coating...........  EPA-450/2-77-034 Control of Volatile
                                     Organic Emissions from Existing
                                     Stationary Sources--Volume V:
                                     Surface Coating of Large
                                     Appliances.
Large Appliance Coating...........  EPA 453/R-07-004 Control Techniques
                                     Guidelines for Large Appliance
                                     Coatings.
Magnet Wire Coating...............  EPA-450/2-77-033 Control of Volatile
                                     Organic Emissions from Existing
                                     Stationary Sources--Volume IV:
                                     Surface Coating of Insulation of
                                     Magnet Wire.
Metal Can Coating; Metal Coil       EPA-450/2-77-008 Control of Volatile
 Coating.                            Organic Emissions from Existing
                                     Stationary Sources--Volume II:
                                     Surface Coating of Cans, Coils,
                                     Paper, Fabrics, Automobiles, and
                                     Light-Duty Trucks.
Metal Furniture Coatings..........  EPA-450/2-77-032 Control of Volatile
                                     Organic Emissions from Existing
                                     Stationary Sources--Volume III:
                                     Surface Coating of Metal Furniture.
Metal Furniture Coatings..........  EPA 453/R-07-005 Control Techniques
                                     Guidelines for Metal Furniture
                                     Coatings.
Miscellaneous Industrial Adhesives  EPA 453/R-08-005 Control Techniques
                                     Guidelines for Miscellaneous
                                     Industrial Adhesives.
Miscellaneous Metal and Plastic     EPA 453/R-08-003 Control Techniques
 Parts.                              Guidelines for Miscellaneous Metal
                                     and Plastic Parts Coatings (plastic
                                     parts portion only).
Natural Gas/Gasoline..............  EPA-450/3-83-007 Control of Volatile
                                     Organic Compound Equipment Leaks
                                     from Natural Gas/Gasoline
                                     Processing Plants.
Oil and Gas Industry..............  EPA 453/B-16-001 Control Techniques
                                     Guidelines for the Oil and Natural
                                     Gas Industry.
Paper and Fabric Coating..........  EPA-450/2-77-008 Control of Volatile
                                     Organic Emissions from Existing
                                     Stationary Sources--Volume II:
                                     Surface Coating of Cans, Coils,
                                     Paper, Fabrics, Automobiles, and
                                     Light-Duty Trucks.
Paper, Film, and Foil Coatings....  EPA 453/R-07-003 Control Techniques
                                     Guidelines for Paper, Film, and
                                     Foil Coatings.
Petroleum Liquid Storage Tanks....  EPA-450/2-77-036 Control of Volatile
                                     Organic Emissions from Storage of
                                     Petroleum Liquids in Fixed-Roof
                                     Tanks.
Resin Manufacturing...............  EPA-450/3-83-008 Control of Volatile
                                     Organic Compound Emissions from
                                     Manufacture of High-Density
                                     Polyethylene, Polypropylene, and
                                     Polystyrene Resins.
Resin Manufacturing...............  EPA-450/3-83-006 Control of Volatile
                                     Organic Compound Leaks from
                                     Synthetic Organic Chemical Polymer
                                     and Resin Manufacturing Equipment.
Pharmaceutical Products...........  EPA-450/2-78-029 Control of Volatile
                                     Organic Emissions from Manufacture
                                     of Synthesized Pharmaceutical
                                     Products.
Refineries........................  EPA-450/2-78-036 Control of Volatile
                                     Organic Compound Leaks from
                                     Petroleum Refinery Equipment.
Refineries........................  EPA-450/2-77-025 Control of Refinery
                                     Vacuum Producing Systems,
                                     Wastewater Separators, and Process
                                     Unit Turnarounds.
Rubber Tire Manufacturing.........  EPA-450/2-78-030 Control of Volatile
                                     Organic Emissions from Manufacture
                                     of Pneumatic Rubber Tires.
Ship Coatings.....................  61 FR-44050 8/27/96 Control
                                     Techniques Guidelines for
                                     Shipbuilding and Ship Repair
                                     Operations (Surface Coating).
Synthetic Organic Chemical          EPA-450/3-84-015 Control of Volatile
 Manufacturing.                      Organic Compound Emissions from Air
                                     Oxidation Processes in Synthetic
                                     Organic Chemical Manufacturing
                                     Industry.
Synthetic Organic Chemical          EPA-450/4-91-031 Control of Volatile
 Manufacturing.                      Organic Compound Emissions from
                                     Reactor Processes and Distillation
                                     Operations in Synthetic Organic
                                     Chemical Manufacturing Industry.
Wood Furniture Coating............  EPA-453/R-96-007 Control of Volatile
                                     Organic Compound Emissions from
                                     Wood Furniture Manufacturing
                                     Operations.
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[FR Doc. 2018-14197 Filed 7-2-18; 8:45 am]
 BILLING CODE 6560-50-P