[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
----------------------------------------------------------------------------------------------------------------
                Local agency                               Document                   Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
SDAPCD.....................................  2008 Eight-Hour Ozone Reasonably           12/14/16       4/12/2017
                                              Available Control Technology
                                              Demonstration for San Diego County
                                              (``2016 RACT SIP'').
----------------------------------------------------------------------------------------------------------------

    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]

0
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
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

* * * * *

0
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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