[Federal Register Volume 85, Number 178 (Monday, September 14, 2020)]
[Rules and Regulations]
[Pages 56521-56525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17181]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52


EPA-R09-OAR-2019-0655; FRL-10012-28-Region 9 Air Plan Approval; 
California; San Joaquin Valley Unified Air Pollution Control District 
and Feather River Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the San Joaquin Valley Unified Air 
Pollution Control District (SJVUAPCD or District) and the Feather River 
Air Quality Management District (FRAQMD) portions of the California 
State Implementation Plan (SIP) under the Clean Air Act (CAA or Act). 
For the SJVUAPCD, these revisions concern a rule intended to track 
information related to emissions of volatile organic compounds (VOCs) 
and particulate matter (PM) from commercial charbroilers, and an 
administrative rule for the registration of certain emission units 
historically exempted from the SJVUAPCD's permit requirements. We are 
approving into the California SIP amendments to a SJVUAPCD local rule, 
which require owners and operators of commercial underfired 
charbroilers to submit a one-time information report and which subject 
certain underfired charbroilers to registration and weekly 
recordkeeping requirements. We are also approving a SJVUAPCD rule 
addressing registration requirements for these and certain other 
emission units. For the FRAQMD, these revisions concern a negative 
declaration for the Control Techniques Guidelines (CTG) for the Oil and 
Natural Gas Industry.

DATES: This rule is effective October 14, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2019-0655. 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 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]. Or Nicole Law, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4126 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 May 29, 2020 (85 FR 32327), the EPA proposed to approve the 
following documents listed in Table 1 into the California SIP.

[[Page 56522]]



                                          Table 1--Submitted Documents
----------------------------------------------------------------------------------------------------------------
              Local agency                     Rule or document            Adopted/ amended          Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD................................  Rule 2250--Permit-Exempt    Adopted 10/19/2006........   \1\ 4/30/2020
                                           Equipment Registration.
SJVUAPCD................................  Rule 4692--Commercial       Amended 06/21/2018........  \2\ 11/21/2018
                                           Charbroiling.
FRAQMD..................................  Reasonably Available        Adopted 08/06/2018........  \3\ 12/07/2018
                                           Control Technology (RACT)
                                           State Implementation Plan
                                           (SIP) Revision for the
                                           South Sutter County
                                           Portion of the Sacramento
                                           Metropolitan
                                           Nonattainment Area for 8-
                                           Hour ozone--Negative
                                           Declaration for Control
                                           Techniques Guidelines for
                                           the Oil and Natural Gas
                                           Industry.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve SJVUAPCD Rule 2250 and amended Rule 4692, 
and FRAQMD's negative declaration for the Control Techniques Guidelines 
for the Oil and Natural Gas Industry (EPA-453/B-16-001), because we 
determined that they comply with the relevant CAA requirements. Our 
proposed action contains more information on the documents and our 
evaluation.
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    \1\ This submittal was transmitted to the EPA by a letter from 
CARB dated April 30, 2020.
    \2\ This submittal was transmitted to the EPA by a letter from 
CARB dated November 16, 2018.
    \3\ This submittal was transmitted to the EPA by a letter from 
CARB dated December 2, 2018.
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II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
The public comment period closed on June 29, 2020. During this period, 
we received one anonymous comment that supported our proposed approval.

III. EPA Action

    No comments were submitted that change our assessment of the rules 
and negative declaration as described in our proposed action. 
Therefore, as authorized in section 110(k)(3) of the Act, the EPA is 
fully approving the documents listed in Table 1 into the California 
SIP.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, the EPA is finalizing the incorporation by reference of the 
SJVUAPCD 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 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 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 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 November 13, 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

[[Page 56523]]

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, 
Particulate Matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: July 31, 2020.
John Busterud,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, the EPA amends Part 52, 
chapter I, title 40 of the Code of Federal Regulations 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)(310)(i)(A)(2) and 
(c)(379)(i)(C)(8), revising paragraph (c)(527)(i)(B) and adding 
paragraph (c)(540) to read as follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (310) * * *
    (i) * * *
    (A) * * *
    (2) Previously approved on June 3, 2003 in paragraph 
(c)(310)(i)(A)(1) of this section and now deleted with replacement in 
paragraph (c)(527)(i)(B)(1) of this section, Rule 4692, adopted on 
March 21, 2002.
* * * * *
    (379) * * *
    (i) * * *
    (C) * * *
    (8) Previously approved on November 3, 2011 in paragraph 
(c)(379)(i)(C)(5) of this section and now deleted with replacement in 
paragraph (c)(527)(i)(B)(1) of this section, Rule 4692, ``Commercial 
Charbroiling,'' amended on September 17, 2009.
* * * * *
    (527) * * *
    (i) * * *
    (B) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4692, ``Commercial Charbroiling,'' amended on June 21, 
2018.
    (2) [Reserved]
* * * * *
    (540) New regulations for the following APCD were submitted on 
April 30, 2020, by the Governor's designee, as an attachment to a 
letter dated April 30, 2020.
    (i) Incorporation by reference.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 2250, ``Permit-Exempt Equipment Registration,'' adopted 
October 19, 2006.
    (2) [Reserved]
    (B) [Reserved]
    (ii) [Reserved]


Sec.  52.222  [AMENDED]

0
3. Section 52.222 is amended by revising paragraph (a)(11) to read as 
follows:
    (a) * * *
    (11) Feather River Air Quality Management District.
    (i) Negative declarations for Feather River Air Quality Management 
District.

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                                                                2006 RACT SIP    2009 RACT SIP    2014 RACT SIP
         CTG source category            Negative declaration   submitted 7/11/  submitted 10/27/ submitted 9/29/
                                       CTG reference document         07               09               14
----------------------------------------------------------------------------------------------------------------
Aerospace...........................  EPA-453/R-97-004--                    X   ...............               X
                                       Control of VOC
                                       Emissions from Coating
                                       Operations at
                                       Aerospace
                                       Manufacturing and
                                       Rework.
Automobile Coating; Metal Coil        EPA-450/2-77-008--                    X   ...............               X
 Container, & Closure; Paper &         Control of Volatile
 Fabric.                               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--       ...............               X                X
 Assembly Coatings.                    Control Techniques
                                       Guidelines for
                                       Automobile and Light-
                                       Duty Assembly Coatings.
Cutback Asphalt.....................  EPA-450/2-77-037--                    X   ...............               X
                                       Control of Volatile
                                       Organic Emissions from
                                       Use of Cutback Asphalt.
Dry Cleaning........................  EPA-450/3-82-009--                    X   ...............               X
                                       Control of Volatile
                                       Organic Compound
                                       Emissions from Large
                                       Petroleum Dry Cleaners.
Flat Wood Paneling Coatings.........  EPA-453/R-06-004--       ...............               X                X
                                       Control Techniques
                                       Guidelines for Flat
                                       Wood Paneling Coatings.
Fiberglass Boat Manufacturing         EPA-453/R-08-004--       ...............               X                X
 Materials.                            Control Techniques
                                       Guidelines for
                                       Fiberglass Boat
                                       Manufacturing
                                       Materials.
Flexible Package Printing...........  EPA-453/R06-003--        ...............               X                X
                                       Control Techniques
                                       Guidelines for
                                       Flexible Package
                                       Printing.
Gasoline Loading Terminal...........  EPA-450/2-77-026--                    X   ...............               X
                                       Control of
                                       Hydrocarbons from Tank
                                       Truck Gasoline Loading
                                       Terminals.
Gasoline Trucks.....................  EPA-450/2-78-051--                    X   ...............               X
                                       Control of Volatile
                                       Organic Compound Leaks
                                       from Gasoline Tank
                                       Trucks and Vapor
                                       Collection Systems.
Gasoline Bulk Plants................  EPA-450/2-77-035--                    X   ...............               X
                                       Control of Volatile
                                       Organic Emissions from
                                       Gasoline Bulk Plants.
Graphic Arts Rotogravure and          EPA-450/2-78-033--                    X   ...............               X
 Flexography.                          Control of Volatile
                                       Organic Emissions from
                                       Existing Stationary
                                       Sources--Volume VIII:
                                       Rotogravure and
                                       Flexography.
Industrial Cleaning Solvents........  EPA-453/R-06-001--                    X                X                X
                                       Control Techniques
                                       Guidelines for
                                       Industrial Cleaning
                                       Solvents.

[[Page 56524]]

 
Large Appliance Coating.............  EPA-450/2-77-034--                    X   ...............               X
                                       Control of Volatile
                                       Organic Emissions from
                                       Existing Stationary
                                       Sources, Volume V:
                                       Surface Coating of
                                       Large Appliances.
Large Appliance Coating.............  EPA-453/R-07-004--       ...............               X                X
                                       Control Techniques for
                                       Large Appliance
                                       Coatings.
Magnet Wire Coating.................  EPA-450/2-77-033--                    X   ...............               X
                                       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--                    X   ...............               X
 Coating.                              Control of Volatile
                                       Organic Emissions from
                                       Existing Stationary
                                       Sources--Volume II:
                                       Surface Coating of
                                       Cans, Coils, Paper,
                                       Fabrics, Automobiles,
                                       and Light-Duty Trucks.
Metal Furniture.....................  EPA-450/2-77-032--                    X   ...............               X
                                       Control of Volatile
                                       Organic Emissions from
                                       Existing Stationary
                                       Sources--Volume III:
                                       Surface Coating of
                                       Metal Furniture.
Metal Furniture Coatings............  EPA-453/R-07-005--       ...............               X                X
                                       Control Techniques
                                       Guidelines for Metal
                                       Furniture Coatings.
Metal Parts and Products............  EPA-450/2-78-015--                    X   ...............               X
                                       Control of Volatile
                                       Organic Emissions from
                                       Existing Stationary
                                       Sources--Volume VI:
                                       Surface Coating of
                                       Miscellaneous Parts
                                       and Products.
Miscellaneous Industrial Adhesives..  EPA-453/R-08-005--                    X                X                X
                                       Control Techniques
                                       Guidelines for
                                       Miscellaneous
                                       Industrial Adhesives.
Miscellaneous Metal and Plastic       EPA-453/R-08-003--       ...............               X                X
 Parts Coatings.                       Control Techniques
                                       Guidelines for
                                       Miscellaneous Metal
                                       and Plastic Parts
                                       Coatings.
Natural Gas/Gasoline................  EPA-450/2-83-007--                    X   ...............               X
                                       Control of VOC
                                       Equipment Leaks from
                                       Natural Gas/Gasoline
                                       Processing Plants.
Offset Lithographic Printing and      EPA-453/R-06-002--       ...............               X                X
 Letterpress Printing.                 Control Techniques
                                       Guidelines for Offset
                                       Lithographic Printing
                                       and Letterpress
                                       Printing.
Paper and Fabric Coating............  EPA-450/2-77-008--                    X   ...............               X
                                       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--       ...............               X                X
                                       Control Techniques
                                       Guidelines for Paper,
                                       Film, and Foil
                                       Coatings.
Petroleum Liquid Storage Tanks......  EPA-450/2-77-036--                    X   ...............               X
                                       Control of VOC
                                       Emissions from Storage
                                       of Petroleum Liquids
                                       in Fixed Roof Tanks.
Petroleum Liquid Storage Tanks......  EPA-450/2-78-047--                    X   ...............               X
                                       Control of VOC
                                       Emissions from
                                       Petroleum Liquid
                                       Storage in External
                                       Floating Roof Tanks.
Pharmaceutical Products.............  EPA-450/2-78-029--                    X   ...............               X
                                       Control of Volatile
                                       Organic Emissions from
                                       Manufacture of
                                       Synthesized
                                       Pharmaceutical
                                       Products.
Resin Manufacturing.................  EPA-450/3-83-008--                    X   ...............               X
                                       Control of VOC
                                       Emissions from
                                       Manufacture of High-
                                       Density Polyethylene,
                                       Polypropylene, and
                                       Polystyrene Resins.
Resin Manufacturing.................  EPA-450/3-83-006--                    X   ...............               X
                                       Control of VOC
                                       Fugitive Emissions
                                       from Synthetic Organic
                                       Chemical Polymer and
                                       Resin Manufacturing
                                       Equipment.
Refineries..........................  EPA-450/2-77-025--                    X   ...............               X
                                       Control of Refinery
                                       Vacuum Producing
                                       Systems, Wastewater
                                       Separators, and
                                       Process Unit
                                       Turnarounds.
Refineries..........................  EPA-450/2-78-036--                    X   ...............               X
                                       Control of VOC Leaks
                                       from Petroleum
                                       Refinery Equipment.
Rubber Tire Manufacturing...........  EPA-450/2-78-030--                    X   ...............               X
                                       Control of Volatile
                                       Organic Emissions from
                                       Manufacture of
                                       Pneumatic Rubber Tires.
Ship Coatings.......................  61 FR 44050                           X   ...............               X
                                       Shipbuilding and Ship
                                       Repair Operations
                                       (Surface Coating).
Ship Coatings.......................  EPA-453/R-94-032--       ...............  ...............               X
                                       Alternative Control
                                       Technology Document--
                                       Surface Coating
                                       Operations at
                                       Shipbuilding and Ship
                                       Repair Operations
                                       (Surface Coating).
Solvent Cleaning Degreasers.........  EPA-450/2-77-022--                    X   ...............               X
                                       Control of Volatile
                                       Organic Emissions from
                                       Solvent Metal Cleaning.
Synthetic Organic Chemical            EPA-450/3-84-015--                    X   ...............               X
 Manufacturing.                        Control of VOC
                                       Emissions from Air
                                       Oxidation Processes in
                                       Synthetic Organic
                                       Chemical Manufacturing
                                       Industry.

[[Page 56525]]

 
Synthetic Organic Chemical            EPA-450/4-91-031--                    X   ...............               X
 Manufacturing.                        Control of VOC
                                       Emissions from Reactor
                                       Processes and
                                       Distillation
                                       Operations in
                                       Synthetic Organic
                                       Chemical Manufacturing
                                       Industry.
Wood Coating Factory Surface of Flat  EPA-450/2-78-032--                    X   ...............               X
 Wood Paneling.                        Control of Volatile
                                       Organic Emissions from
                                       Existing Stationary
                                       Sources--Volume VII:
                                       Factory Surface of
                                       Flat Wood Paneling.
Wood Furniture Coating..............  EPA-453/R-96-007--                    X   ...............               X
                                       Control of VOC
                                       Emissions from Wood
                                       Furniture
                                       Manufacturing
                                       Operations.
----------------------------------------------------------------------------------------------------------------

    (ii) A negative declaration for the Control Techniques Guidelines 
for the Oil and Natural Gas Industry, EPA 453/B-16-001, was submitted 
on December 7, 2018, as an attachment to a letter dated December 2, 
2018, and adopted on August 6, 2018, titled: ``Reasonably Available 
Control Technology (RACT) State Implementation Plan (SIP) Revision for 
the South Sutter County Portion of the Sacramento Metropolitan 
Nonattainment Area for 8-Hour ozone--Negative Declaration for Control 
Techniques Guidelines for the Oil and Natural Gas Industry.''
* * * * *
[FR Doc. 2020-17181 Filed 9-11-20; 8:45 am]
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