[Federal Register Volume 85, Number 39 (Thursday, February 27, 2020)]
[Rules and Regulations]
[Pages 11812-11814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03251]



[[Page 11811]]

Vol. 85

Thursday,

No. 39

February 27, 2020

Part VI





Environmental Protection Agency





-----------------------------------------------------------------------





40 CFR Part 52





Air Quality State Implementation Plans; Final Rule

  Federal Register / Vol. 85 , No. 39 / Thursday, February 27, 2020 / 
Rules and Regulations  

[[Page 11812]]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0439; FRL-10005-31-Region 9]


Air Plan Approval; California; Mojave Desert Air Quality 
Management District; California; Ventura County; 8-Hour Ozone 
Nonattainment Area Requirements; Clean Air Plans; 2008 8-Hour Ozone 
Nonattainment Area Requirements; Determination of Attainment by the 
Attainment Date; Imperial County, CA

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the Mojave Desert Air Quality Management 
District (MDAQMD) portion of the California State Implementation Plan 
(SIP). These revisions concern emissions of volatile organic compounds 
(VOC) from Metal Parts and Products Coating Operations, and Polyester 
Resin Operations. We are approving two local rules that regulate these 
emission sources under the Clean Air Act (CAA or the Act) as well as 
approving negative declarations for three subcategories of control 
techniques guidelines (CTG) sources in the MDAQMD. In addition, we are 
converting the partial conditional approval of the District's 
reasonably available control technology (RACT) SIPs for the 1997 and 
2008 ozone standards, as it applies to these two rules, to a full 
approval.

DATES: These rules and negative declarations will be effective on March 
30, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2019-0439. 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: Arnold Lazarus, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3024 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. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On December 4, 2019 (84 FR 66345), the EPA proposed to approve the 
following rules and negative declarations into the California SIP.

----------------------------------------------------------------------------------------------------------------
                                                                                     Amended/
              Local agency                            Document title                  adopted        Submitted
----------------------------------------------------------------------------------------------------------------
MDAQMD.................................  Rule 1115 Metal Parts and Products           01/22/2018      05/23/2018
                                          Coating Operations.
MDAQMD.................................  Rule 1162 Polyester Resin Operations...      04/23/2018      07/16/2018
MDAQMD.................................  Federal Negative Declarations for Two        04/23/2018      07/16/2018
                                          Control Techniques Guidelines Source
                                          Categories.
MDAQMD.................................  Federal Negative Declaration for One         10/22/2018      12/07/2018
                                          Control Techniques Guidelines Source
                                          Category (Motor Vehicle Materials).
----------------------------------------------------------------------------------------------------------------

We proposed to approve these rules and negative declarations because we 
determined that they comply with the relevant CAA requirements. Our 
proposed action contains more information on the rules, 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 no comments.\1\
---------------------------------------------------------------------------

    \1\ The EPA received one submission on this docket through 
www.regulations.gov but that submission was blank.
---------------------------------------------------------------------------

III. EPA Action

    No comments were submitted. Therefore, as authorized in section 
110(k)(3) of the Act, the EPA is fully approving these rules and 
negative declarations into the California SIP. The EPA is also removing 
from 40 CFR 52.248(d)(1) the conditional approval of the District's 
RACT SIPs for the 1997 and 2008 ozone standards, with respect to these 
two rules.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
MDAQMD rules described in the amendments to 40 CFR part 52 set forth 
below. The EPA has made, and will continue to make, these documents 
available through www.regulations.gov and at the EPA Region IX Office 
(please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section of this preamble for more information).

V. 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

[[Page 11813]]

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 April 27, 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, Ozone, Particulate matter, 
Reporting and recordkeeping requirements, VOC.

    Dated: January 29, 2020.
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 paragraphs (c)(239)(i)(A)(3), 
(c)(354)(i)(B)(2), and (c)(518)(i)(A)(2), revising paragraph (c)(519) 
introductory text, and adding paragraphs (c)(519)(i)(A)(2), 
(c)(519)(ii), and (c)(531) to read as follows:


Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (239) * * *
    (i) * * *
    (A) * * *
    (3) Previously approved on December 23, 1997 in paragraph 
(c)(239)(i)(A)(2) of this section and now deleted with replacement in 
paragraph (c)(518)(i)(A)(2) of this section, Rule 1115, adopted on 
March 2, 1992 and amended on April 22, 1996.
* * * * *
    (354) * * *
    (i) * * *
    (B) * * *
    (2) Previously approved on November 24, 2008 in paragraph 
(c)(354)(i)(B)(1) of this section and now deleted with replacement 
paragraph (c)(519)(i)(A)(2) of this section, Rule 1162, ``Polyester 
Resin Operations,'' adopted on August 27, 2007.
* * * * *
    (518) * * *
    (i) * * *
    (A) * * *
    (2) Rule 1115, ``Metal Parts and Products Coating Operations,'' 
amended on January 22, 2018.
* * * * *
    (519) New and amended regulations and additional materials for the 
following APCDs were submitted on July 16, 2018 by the Governor's 
designee.
    (i) * * *
    (A) * * *
    (2) Rule 1162, ``Polyester Resin Operations,'' amended on April 23, 
2018.
* * * * *
    (ii) Additional materials. (A) Mojave Desert Air Quality Management 
District.
    (1) Federal Negative Declaration (8 hr Ozone Standard) for Two 
Control Technologies Guidelines Source Categories, approved on April 
23, 2018.
    (2) [Reserved]
    (B) [Reserved]
* * * * *
    (531) The following additional material was submitted on December 
7, 2018 by the Governor's designee.
    (i) [Reserved]
    (ii) Additional materials. (A) Mojave Desert Air Quality Management 
District.
    (1) Federal Negative Declaration (8 hr Ozone Standard) for One 
Control Technologies Guidelines Source Category, approved on October 
22, 2018.
    (2) [Reserved]
* * * * *

0
3. Section 52.222 is amended by adding paragraphs (a)(1)(viii) and (ix) 
to read as follows:


Sec.  52.222  Negative declarations.

    (a) * * *
    (1) * * *
    (viii) The following negative declarations for the 2008 ozone 
standard were adopted by the District on April 23, 2018 and submitted 
to EPA on July 16, 2018: Miscellaneous Metal and Plastic Parts Coatings 
(EPA-453/R-08-003), Table 3--Plastic Parts and Products, and Table 4--
Automotive/Transportation and Business Machine Plastic Parts.
    (ix) The following negative declaration for the 2008 ozone standard 
was adopted by the District on October 22, 2018, and submitted to EPA 
on December 7, 2018: Miscellaneous Metal and Plastic Parts Coatings 
(EPA-453/R-08-003), Table 6--Motor Vehicle Materials.
* * * * *

[[Page 11814]]

Sec.  52.248  [Amended]

0
4. Section 52.248 is amended by removing and reserving paragraphs 
(d)(1)(vi) and (x).

[FR Doc. 2020-03251 Filed 2-26-20; 8:45 am]
 BILLING CODE 6560-50-P