[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]
 BILLING CODE 6560-50-P