[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Rules and Regulations]
[Pages 2313-2315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00179]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0528; FRL-10003-96-Region 9]


Air Plan Approval; California; Northern Sierra Air Quality 
Management District; Reasonably Available Control Technology

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 Northern Sierra Air Quality 
Management District (NSAQMD or ``District'') portion of the California 
State Implementation Plan (SIP) under the Clean Air Act (CAA or ``the 
Act''). 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 or 
``standards'') in the Western Nevada County ozone nonattainment area, 
which is under the jurisdiction of the NSAQMD.

DATES: This rule will be effective on February 14, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2019-0528. 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 the 
disclosure of which 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

[[Page 2314]]

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, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4122 or by 
email at [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 November 4, 2019 (84 FR 59331), the EPA proposed to approve 
NSAQMD's ``Reasonably Available Control Technology (RACT) State 
Implementation Plan (SIP) Revision for Western Nevada County 8-Hour 
Ozone Nonattainment Area'' (``2018 RACT SIP''), adopted on March 26, 
2018, and submitted to the EPA by the California Air Resources Board 
(CARB) on June 7, 2018, for approval as a revision to the California 
SIP.
    We proposed to approve the 2018 RACT SIP because we determined that 
it complies with the relevant CAA requirements. Our proposed action 
contains more information on the document 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 no comments.

III. EPA Action

    No comments were submitted. Therefore, as authorized in section 
110(k)(3) of the Act, the EPA is fully approving the 2018 RACT SIP into 
the California SIP.

IV. Statutory and Executive Order Reviews

    Under the CAA, 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 CAA. 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 CAA; 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 16, 2020. 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 oxides, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: December 16, 2019.
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)(529) to read as 
follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (529) The following plan was submitted on June 7, 2018 by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional materials. (A) Northern Sierra Air Quality 
Management District.
    (1) Reasonably Available Control Technology (RACT) State 
Implementation Plan (SIP) Revision for Western Nevada County 8-Hour 
Ozone

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Nonattainment Area, adopted on March 26, 2018.
    (2) [Reserved]
    (B) [Reserved]

0
3. Section 52.222 is amended by adding paragraph (a)(9)(iv) to read as 
follows:


Sec.  52.222  Negative declarations.

    (a) * * *
    (9) * * *
    (iv) The following negative declarations for the 2008 ozone NAAQS 
were adopted by the Northern Sierra Air Quality Management District on 
March 26, 2018, and submitted to the EPA on June 7, 2018.

   Table 1 to Paragraph (a)(9)(iv)--Negative Declarations for the 2008
                               Ozone NAAQS
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       CTG document No.                          Title
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EPA-450/2-77-008.............  Surface Coating of Cans.
EPA-450/2-77-008.............  Surface Coating of Coils.
EPA-450/2-77-008.............  Surface Coating of Paper.
EPA-450/2-77-008.............  Surface Coating of Fabric.
EPA-450/2-77-008.............  Surface Coating of Automobiles and Light-
                                Duty Trucks.
EPA-450/2-77-022.............  Solvent Metal Cleaning.
EPA-450/2-77-025.............  Refinery Vacuum Producing Systems,
                                Wastewater Separators, and Process Unit
                                Turnarounds.
EPA-450/2-77-026.............  Tank Truck Gasoline Loading Terminals.
EPA-450/2-77-032.............  Surface Coating of Metal Furniture.
EPA-450/2-77-033.............  Surface Coating of Insulation of Magnet
                                Wire.
EPA-450/2-77-034.............  Surface Coating of Large Appliances.
EPA-450/2-77-035.............  Bulk Gasoline Plants.
EPA-450/2-77-036.............  Storage of Petroleum Liquids in Fixed-
                                Roof Tanks.
EPA-450/2-78-029.............  Manufacture of Synthesized Pharmaceutical
                                Products.
EPA-450/2-78-030.............  Manufacture of Pneumatic Rubber Tires.
EPA-450/2-78-032.............  Factory Surface Coating of Flat Wood
                                Paneling.
EPA-450/2-78-033.............  Graphic Arts-Rotogravure and Flexography.
EPA-450/2-78-036.............  Leaks from Petroleum Refinery Equipment.
EPA-450/2-78-047.............  Petroleum Liquid Storage in External
                                Floating Roof Tanks.
EPA-450/3-82-009.............  Large Petroleum Dry Cleaners.
EPA-450/3-83-006.............  Leaks from Synthetic Organic Chemical
                                Polymer and Resin Manufacturing
                                Equipment.
EPA-450/3-83-007.............  Leaks from Natural Gas/Gasoline
                                Processing Plants.
EPA-450/3-83-008.............  Manufacture of High-Density Polyethylene,
                                Polypropylene, and Polystyrene Resins.
EPA-450/3-84-015.............  Air Oxidation Processes in Synthetic
                                Organic Chemical Manufacturing Industry.
EPA-450/4-91-031.............  Reactor Processes and Distillation
                                Operations in Synthetic Organic Chemical
                                Manufacturing Industry.
EPA-453/R-96-007.............  Wood Furniture Manufacturing Operations.
EPA-453/R-94-032, 61 FR        ACT Surface Coating at Shipbuilding and
 44050; 8/27/96.                Ship Repair Facilities Shipbuilding and
                                Ship Repair Operations (Surface
                                Coating).
EPA-453/R-97-004, 59 FR        Aerospace MACT and Aerospace (CTG &
 29216; 6/06/94.                MACT).
EPA-453/R-06-001.............  Industrial Cleaning Solvents.
EPA-453/R-06-002.............  Offset Lithographic Printing and
                                Letterpress Printing.
EPA-453/R-06-003.............  Flexible Package Printing.
EPA-453/R-06-004.............  Flat Wood Paneling Coatings.
EPA 453/R-07-003.............  Paper, Film, and Foil Coatings.
EPA 453/R-07-004.............  Large Appliance Coatings.
EPA 453/R-07-005.............  Metal Furniture Coatings.
EPA 453/R-08-003.............  Miscellaneous Metal Parts and Plastic
                                Parts Coatings
                               Tables 3-6.
EPA 453/R-08-004.............  Fiberglass Boat Manufacturing Materials.
EPA 453/R-08-005.............  Miscellaneous Industrial Adhesives.
EPA 453/R-08-006.............  Automobile and Light-Duty Truck Assembly
                                Coatings.
EPA 452/B16-001..............  Oil and Natural Gas Industry.
-- N/A --....................  Major non-CTG VOC sources.
-- N/A --....................  Major non-CTG NOX sources.
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[FR Doc. 2020-00179 Filed 1-14-20; 8:45 am]
 BILLING CODE 6560-50-P