[Federal Register Volume 85, Number 233 (Thursday, December 3, 2020)]
[Rules and Regulations]
[Pages 77996-77999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26649]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2020-0136; FRL-10016-79-Region 9]
Air Plan Partial Approval and Partial Disapproval; California;
San Diego
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to partially approve and partially disapprove revisions to the
San Diego Air Pollution Control District (SDAPCD or ``District'')
portion of the California State Implementation Plan (SIP). These
revisions concern the District's demonstration regarding reasonably
available control technology (RACT) requirements and negative
declarations for the 2008 ozone national ambient air quality standards
(NAAQS or ``standards'') in the San Diego ozone nonattainment area
under the jurisdiction of the SDAPCD.
DATES: This rule will be effective on January 4, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2020-0136. 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
[[Page 77997]]
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. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3848 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 August 10, 2020 (85 FR 48127), the EPA proposed to partially
approve and partially disapprove the California Air Resources Board's
April 12, 2017 submittal of the 2008 Eight-Hour Ozone Reasonably
Available Control Technology Demonstration for San Diego County (``2016
RACT SIP'').
Table 1--Submitted Document
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Local agency Document Adopted Submitted
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SDAPCD..................................... 2008 Eight-Hour Ozone Reasonably 12/14/16 4/12/2017
Available Control Technology
Demonstration for San Diego County
(``2016 RACT SIP'').
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Our proposed action contains more information on the submittal 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 two comments. One comment was
supportive, and the other was not germane.
III. EPA Action
No comments were submitted that change our assessment of the 2016
RACT SIP as described in our proposed action. Therefore, we are
finalizing a partial approval and partial disapproval of the 2016 RACT
SIP. As authorized in sections 110(k)(3) and 301(a) of the CAA, the EPA
is finalizing a partial disapproval of the 2016 RACT SIP with respect
to those portions addressing the following source categories: Design
Criteria for Stage I Vapor Control Systems--Gasoline Service Stations
(EPA-450/R-75-102); Tank Truck Gasoline Loading Terminals (EPA-450/2-
77-026); Manufacture of Synthesized Pharmaceutical Products (EPA-450/2-
78-029); Industrial Cleaning Solvents (EPA-453/R-06-001); Fiberglass
Boat Manufacturing Materials (EPA-453/R-08-004); Non-CTG major sources
of VOC; and Miscellaneous Metal and Plastic Parts Coatings (EPA-453/R-
08-003) Table 3--Plastic Parts and Products, Table 4--Automotive/
Transportation and Business Machine Plastic Parts, Table 5--Pleasure
Craft Surface Coating, and Table 6--Motor Vehicle Materials. As a
result of the final partial disapproval, offset sanctions will be
imposed unless the EPA approves a subsequent SIP revision that corrects
the identified deficiencies within 18 months of the effective date of
this action. Highway sanctions will be imposed unless the EPA approves
a subsequent SIP revision that corrects the rule deficiencies within 24
months of the effective date of this action. These sanctions will be
imposed under section 179 of the CAA and 40 CFR 52.31. Additionally,
section 110(c) requires the EPA to promulgate a Federal implementation
plan within 24 months unless we approve subsequent SIP revisions that
correct the rule deficiencies.
As authorized in sections 110(k)(3) and 301(a) of the CAA, the EPA
is finalizing a partial approval of the 2016 RACT SIP with respect to
all remaining source categories, as proposed. The EPA is also
finalizing an approval of the District's negative declarations as
proposed.
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive orders
can be found at http://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not an Executive Order 13771 regulatory action
because this action is not significant under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA, because this SIP partial approval and partial disapproval does
not in-and-of itself create any new information collection burdens, but
simply partially approves and partially disapproves certain State
requirements for inclusion in the SIP.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. This SIP
partial approval and partial disapproval does not in-and-of itself
create any new requirements but simply partially approves and partially
disapproves certain pre-existing State requirements for inclusion in
the SIP.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action partially approves and partially
disapproves pre-existing requirements under State or local law and
imposes no new requirements. Accordingly, no additional costs to state,
local, or tribal governments, or to the private sector, result from
this action.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the National Government and the states, or on the distribution of power
and
[[Page 77998]]
responsibilities among the various levels of government.
G. Executive Order 13175: Coordination With Indian Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, because the SIP revision that the EPA is
partially disapproving would not 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, and will not impose substantial direct
costs on tribal governments or preempt tribal law. Thus, Executive
Order 13175 does not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive order. This action is not subject to
Executive Order 13045 because this SIP partial approval and partial
disapproval does not in-and-of itself create any new regulations, but
simply partially approves and partially disapproves certain pre-
existing State requirements for inclusion in the SIP.
I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA lacks the discretionary authority to address environmental
justice in this rulemaking.
L. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
M. Petitions for Judicial Review
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 February 1, 2021. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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 10, 2020.
John Busterud,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the Environmental
Protection Agency amends part 52, chapter I, title 40 of the Code of
Federal Regulations 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)(547) to read as
follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(547) The following plan was submitted on April 12, 2017 by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) San Diego Air Pollution Control
District.
(1) 2008 Eight-Hour Ozone Reasonably Available Control Technology
Demonstration for San Diego County except those portions addressing the
following source categories: Design Criteria for Stage I Vapor Control
Systems--Gasoline Service Stations (EPA-450/R-75-102); Tank Truck
Gasoline Loading Terminals (EPA-450/2-77-026); Manufacture of
Synthesized Pharmaceutical Products (EPA-450/2-78-029); Industrial
Cleaning Solvents (EPA-453/R-06-001); Fiberglass Boat Manufacturing
Materials (EPA-453/R-08-004); Non-CTG major sources of VOC; and
Miscellaneous Metal and Plastic Parts Coatings (EPA-453/R-08-003) Table
3--Plastic Parts and Products, Table 4--Automotive/Transportation and
Business Machine Plastic Parts, Table 5--Pleasure Craft Surface
Coating, and Table 6--Motor Vehicle Materials.
(2) [Reserved]
(B) [Reserved]
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3. Section 52.222 is amended by adding paragraph (a)(5)(ii) to read as
follows:
Sec. 52.222 Negative declarations.
(a) * * *
(5) * * *
(ii) The following negative declarations for the 2008 ozone NAAQS
were adopted by the San Diego Air Pollution Control District on
December 14, 2016, and submitted to the EPA on April 12, 2017.
Table 4 to Paragraph (a)(5)(ii)--Negative Declarations for the 2008
Ozone NAAQS
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CTG document No. CTG document 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 (Automobiles, and
light-duty truck coatings
only).
EPA-450/2-77-025........................ Control of Refinery Vacuum
Producing Systems, Wastewater
Separators, and Process Unit
Turnarounds.
EPA-450/2-77-032........................ Control of Volatile Organic
Emissions from Existing
Stationary Sources--Volume
III: Surface Coating of Metal
Furniture.
[[Page 77999]]
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-450/2-78-030........................ 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-450/2-78-036........................ Control of Volatile Organic
Compound Leaks from Petroleum
Refinery Equipment.
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-97-004; 59 FR 29216 (6/6/94).. Control of Volatile Organic
Compound Emissions from
Coating Operations at
Aerospace Manufacturing and
Rework Operations; Aerospace
MACT.
EPA-453/R-06-004........................ Control Techniques Guidelines
for Flat Wood Paneling
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-08-006........................ Control Techniques Guidelines
for Automobile and Light-Duty
Truck Assembly Coatings.
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* * * * *
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4. Section 52.237 is amended by adding paragraph (b)(2) to read as
follows:
Sec. 52.237 Part D disapproval.
(b) * * *
(2) San Diego Air Pollution Control District.
(i) RACT determinations for the following source categories in the
submittal titled ``2008 Eight-Hour Ozone Reasonably Available Control
Technology Demonstration for San Diego County,'' dated December 2016,
as adopted December 14, 2016, and submitted on April 12, 2017.
(A) Design Criteria for Stage I Vapor Control Systems--Gasoline
Service Stations (EPA-450/R-75-102).
(B) Tank Truck Gasoline Loading Terminals (EPA-450/2-77-026).
(C) Manufacture of Synthesized Pharmaceutical Products (EPA-450/2-
78-029).
(D) Industrial Cleaning Solvents (EPA-453/R-06-001).
(E) Fiberglass Boat Manufacturing Materials (EPA-453/R-08-004).
(F) Non-CTG major sources of VOC.
(G) Miscellaneous Metal and Plastic Parts Coatings (EPA-453/R-08-
003) Table 3--Plastic Parts and Products, Table 4--Automotive/
Transportation and Business Machine Plastic Parts, Table 5--Pleasure
Craft Surface Coating, and Table 6--Motor Vehicle Materials.
(ii) [Reserved]
[FR Doc. 2020-26649 Filed 12-2-20; 8:45 am]
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