[Federal Register Volume 83, Number 249 (Monday, December 31, 2018)]
[Rules and Regulations]
[Pages 67696-67698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28294]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2018-0602; FRL-9988-52-Region 9]
Air Plan Approval; California; El Dorado County Air Quality
Management District; Reasonably Available Control Technology
Demonstration
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 El Dorado County Air Quality
Management District (EDCAQMD or ``District'') portion of the California
State Implementation Plan (SIP). This revision concerns the District's
demonstration regarding reasonably available control technology (RACT)
requirements for the 2008 8-hour ozone National Ambient Air Quality
Standard (NAAQS) and negative declarations for several source
categories. We are approving local SIP revisions to demonstrate that
RACT is implemented as required under the Clean Air Act (CAA or ``the
Act'').
DATES: This rule is effective on January 30, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2018-0602. 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 (CBI) 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.
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 October 9, 2018 (83 FR 50548), the EPA proposed to approve
EDCAQMD's ``Reasonably Available Control Technology (RACT) State
Implementation Plan (SIP) Update Analysis Staff Report'' (``2017 RACT
SIP''), submitted to the EPA by the California Air Resources Board
(CARB) on January 4, 2017,\1\ for approval as a revision to the
California SIP. EDCAQMD's January 3, 2017 2017 RACT SIP also included
negative declarations for several control techniques guidelines (CTG)
source categories where the District certified that it had no sources
subject to the CTG documents. The submittal also included EDCAQMD's
Resolution 002-2017, which approved the 2017 RACT SIP and certified the
District has no major stationary sources of volatile organic compounds
(VOC) or oxides of nitrogen (NOX).
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\1\ The EDCAQMD adopted its 2017 RACT SIP on January 3, 2017.
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We proposed to approve the 2017 RACT SIP and negative declarations
because we determined that they complied with the relevant CAA
requirements. Our proposed action contains more information on the
documents and our evaluation.
[[Page 67697]]
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received one comment that supported our proposed
approval of EDCAQMD's 2017 RACT SIP. The commenter also raised comments
that were not germane to our proposed rulemaking action (natural
asbestos formations and factors contributing to the reduced clarity of
Lake Tahoe).
III. EPA Action
No comments were submitted that change our assessment of EDCAQMD's
2017 RACT SIP and negative declarations as described in our proposed
action. Therefore, as authorized in section 110(k)(3) of the Act, the
EPA is fully approving the 2017 RACT SIP and negative declarations into
the California SIP.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive 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 March 1, 2019. 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: November 30, 2018.
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 paragraph (c)(513) to read as
follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(513) The following plan was submitted on January 4, 2017 by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) El Dorado County Air Quality
Management District.
(1) Reasonably Available Control Technology (RACT) State
Implementation Plan (SIP) Update Analysis Staff Report, adopted on
January 3, 2017.
(2) Board of Directors of the El Dorado County Air Quality
Management District, Resolution No. 002-2017, ``Resolution Approving
2008 Reasonably Available Control Technology (RACT) State
Implementation Plan (SIP) Update Analysis.''
* * * * *
0
3. Section 52.222 is amended by adding paragraph (a)(7)(iv) to read as
follows:
Sec. 52.222 Negative declarations.
(a) * * *
(7) * * *
(iv) The following negative declarations for the 2008 NAAQS were
adopted by the El Dorado County Air Quality Management District on
January 3, 2017, and submitted to the EPA on January 4, 2017.
[[Page 67698]]
Negative Declarations for the 2008 Ozone NAAQS
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CTG document No. 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-450/2-77-022............................... Control of Volatile Organic Emissions from Solvent Metal
Cleaning.
EPA-450/2-77-025............................... Control of Refinery Vacuum Producing Systems, Wastewater
Separators, and Process Unit Turnarounds.
EPA-450/2-77-026............................... Control of Hydrocarbons from Tank Truck Gasoline Loading
Terminals.
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-450/2-78-015............................... Control of Volatile Organic Emissions from Existing Stationary
Sources--Volume VI: Surface Coating of Miscellaneous Metal
Parts and Products.
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-450/2-78-047............................... Control of Volatile Organic Emissions from Petroleum Liquid
Storage in External Floating Roof Tanks.
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.
EPA-453/R-94-032 61 FR 44050; 8/27/96 Alternative Control Technology Document--Surface Coating
Operations at Shipbuilding and Ship Repair Facilities Control
Techniques Guidelines for Shipbuilding and Ship Repair
Operations (Surface Coating).
EPA-453/R-97-004 59 FR 29216; 6/6/94........... Aerospace MACT and Aerospace (CTG & MACT).
EPA-453/R-06-001............................... Control Techniques Guidelines for Industrial Cleaning Solvents.
EPA-453/R-06-002............................... Control Techniques Guidelines for Offset Lithographic Printing
and Letterpress Printing.
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-08-003............................... Control Techniques Guidelines for Miscellaneous Metal and
Plastic Parts Coatings.
EPA 453/R-08-004............................... Control Techniques Guidelines for Fiberglass Boat Manufacturing
Materials.
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/B16-001................................ Control Techniques Guidelines for the Oil and Natural Gas
Industry.
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Major non-CTG VOC sources.
Major non-CTG NOX sources.
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[FR Doc. 2018-28294 Filed 12-28-18; 8:45 am]
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