[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Proposed Rules]
[Pages 47435-47441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17239]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0524; FRL-8808-01-R9]


Air Plan Approval; California; Eastern Kern Air Pollution Control 
District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Eastern Kern Air Pollution Control District 
(EKAPCD) portion of the California State Implementation Plan (SIP) 
concerning the EKAPCD's demonstration regarding reasonably available 
control technology (RACT) requirements and negative declarations for 
the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS or 
``standards'') in the portion of the Kern County nonattainment area 
under the jurisdiction of EKAPCD. We are proposing action on a SIP 
revision under the Clean Air Act (CAA or the Act). We are taking 
comments on this proposal and plan to follow with a final action.

DATES: Comments must be received on or before September 24, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2021-0524 at https://www.regulations.gov. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public 
comment policy, information about CBI or multimedia submissions, and 
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. 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: 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. The State's Submittal
    A. What document did the State submit?
    B. Are there other versions of this document?

[[Page 47436]]

    C. What is the purpose of the submitted document?
    D. What portion of the RACT SIP submittal is addressed in this 
notice?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the submitted document?
    B. Does the document meet the evaluation criteria?
    C. The EPA's Recommendations to Further Improve the RACT SIP
    D. Public Comment and Proposed Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What document did the State submit?

    Table 1 lists the document addressed by this proposal with the date 
that it was adopted by the local air agency and submitted by the 
California Air Resource Board (CARB).

                       Table 1--Submitted Document
------------------------------------------------------------------------
     Local agency           Document          Adopted        Submitted
------------------------------------------------------------------------
EKAPCD................  Eastern Kern Air      05/11/2017      08/09/2017
                         Pollution
                         Control
                         District
                         Reasonably
                         Available
                         Control
                         Technology
                         (RACT) State
                         Implementation
                         Plan (SIP) For
                         The 2008 Ozone
                         National
                         Ambient Air
                         Quality
                         Standards
                         (NAAQS) (``2017
                         RACT SIP'').
------------------------------------------------------------------------

    On February 9, 2018 the submittal for the EKAPCD 2017 RACT SIP was 
deemed by operation of law to meet the completeness criteria in 40 CFR 
part 51 Appendix V, which must be met before formal EPA review.

B. Are there other versions of this document?

    There are no previous versions of the RACT SIP and negative 
declarations in the EKAPCD portion of the California SIP for the 2008 
ozone NAAQS.

C. What is the purpose of the submitted document?

    Emissions of volatile organic compounds (VOCs) and oxides of 
nitrogen (NOX) contribute to the production of ground-level 
ozone, smog and particulate matter (PM), which harm human health and 
the environment. Section 110(a) of the CAA requires states to submit 
regulations that control VOC and NOx emissions. Sections 182(b)(2) and 
(f) require that SIPs for ozone nonattainment areas classified as 
Moderate or above implement RACT for any source covered by a Control 
Techniques Guidelines (CTG) document and for any major source of VOCs 
or NOX. The EKAPCD is subject to this requirement as it 
regulates the Eastern Kern ozone nonattainment area that was designated 
and classified as a Moderate nonattainment area for the 2008 8-hour 
ozone NAAQS at the time of submittal.\1\ Therefore, the EKAPCD must, at 
a minimum, adopt RACT-level controls for all sources covered by a CTG 
document and for all major non-CTG sources of VOCs or NOX 
within the ozone nonattainment area that it regulates. Any stationary 
source that emits or has the potential to emit at least 100 tons per 
year (tpy) of VOCs or NOX is a major stationary source in a 
Moderate ozone nonattainment area (CAA section 182(b)(2), (f) and 
302(j)).
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    \1\ The EPA has since reclassified the Eastern Kern ozone 
nonattainment area to ``Serious'' on July 5, 2018 (83 FR 31334) and 
``Severe'' on June 7, 2021 (86 FR 30204).
---------------------------------------------------------------------------

    Section III.D of the preamble to the EPA's final rule to implement 
the 2008 ozone NAAQS discusses RACT requirements.\2\ It states, in 
part, that RACT SIPs must contain adopted RACT regulations, 
certifications (where appropriate) that existing provisions are RACT, 
and/or negative declarations that no sources in the nonattainment area 
are covered by a specific CTG.\3\ It also provides that states must 
submit appropriate supporting information for their RACT submissions as 
described in the EPA's implementation rule for the 1997 ozone NAAQS.\4\ 
The EKAPCD's RACT SIP submittal (``2017 RACT SIP'') and negative 
declarations provide EKAPCD's analyses of its compliance with the CAA 
section 182 RACT requirements for the 2008 8-hour ozone NAAQS.
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    \2\ 80 FR 12264 (March 6, 2015).
    \3\ Id. at 12278.
    \4\ Id.; 70 FR 71612, 71652 (November 29, 2005).
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    The EPA's technical support document (TSD) has more information 
about EKAPCD's RACT SIP, negative declarations, and the EPA's 
evaluations thereof.

D. What portion of the RACT SIP submittal is addressed in this notice?

    This proposal is one of three EPA actions on the EKAPCD 2017 RACT 
SIP submittal. The other two actions are as follows:
    (1) On January 14, 2021, the EPA approved EKAPCD's negative 
declaration for the CTG category associated with the Oil and Natural 
Gas Industry (EPA-453/B-16-001). We assessed internet sites for 
California's Department of Conservation Geologic Energy Management 
Devisions (CalGEM) Well Finder, CARB's pollution mapping tool, and the 
California Energy Commission's California Natural Gas Pipelines and 
determined there were no oil and gas operations within EKAPCD's 
jurisdiction convered by the Oil and Natural Gas CTG.\5\
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    \5\ Technical Support Document for EPA's Clean Air Act 
Rulemaking for the California State Implementation Plan Eastern Kern 
County Air Pollution Control District Negative Declaration for 
Control Techniques Guidelines for the Oil and Natural Gas Industry 
date August 2020 and prepared by Sina Schwenk-Mueller.
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    (2) The amended rules for major source NOX were 
submitted separately on May 23, 2018 and August 22, 2018. These rules 
and the RACT certification for major source NOX will be 
addressed in a separate action.
    This proposed action addresses the remainder of the 2017 RACT SIP 
submission. Additional details about the submission and the EPA's 
separate actions thereon are available in the TSD.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the submitted document?

    Generally, SIP rules must require RACT for each category of sources 
covered by a CTG document as well as each major source of VOCs or 
NOX in ozone nonattainment areas classified as Moderate or 
above (see CAA section 182(b)(2)). At the time of submittal, the EKAPCD 
regulated an ozone nonattainment area classified as Moderate for the 
2008 ozone standard (40 CFR 81). Therefore, the EKAPCD rules must 
implement RACT.
    States should also submit for SIP approval negative declarations 
for those source categories for which they have not adopted RACT-level 
regulations (because they have no sources above the CTG-recommended 
applicability threshold), regardless of whether such negative 
declarations were made for an earlier SIP.\6\ To do so, the submittal 
should provide reasonable assurance that no sources subject to the CTG

[[Page 47437]]

requirements currently exist in the portion of the ozone nonattainment 
area that is regulated by the EKAPCD.
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    \6\ 57 FR 13498, 13512 (April 16, 1992).
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    The District's analysis must demonstrate that each major source of 
VOCs or NOX in the ozone nonattainment area is covered by a 
RACT-level rule. In addition, for each CTG source category, the County 
must either demonstrate that a RACT-level rule is in place or submit a 
negative declaration. Guidance and policy documents that we use to 
evaluate CAA section 182 RACT requirements include the following:

    1. ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 
57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, 
and Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 
11, 1990).
    3. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. ``State Implementation Plans; Nitrogen Oxides Supplement to 
the General Preamble; Clean Air Act Amendments of 1990 
Implementation of Title I; Proposed Rule,'' (the NOX 
Supplement), 57 FR 55620, November 25, 1992.
    5. Memorandum dated May 18, 2006, from William T. Harnett, 
Director, Air Quality Policy Division, to Regional Air Division 
Directors, Subject: ``RACT Qs & As--Reasonably Available Control 
Technology (RACT): Questions and Answers.''
    6. ``Final Rule to Implement the 8-hour Ozone National Ambient 
Air Quality Standard--Phase 2,'' 70 FR 71612 (November 29, 2005).
    7. ``Implementation of the 2008 National Ambient Air Quality 
Standards for Ozone: State Implementation Plan Requirements,'' 80 FR 
12264 (March 6, 2015).

B. Does the document meet the evaluation criteria?

    EKAPCD's 2017 RACT SIP provides the District's demonstration that 
the applicable SIP for the EKAPCD satisfies CAA section 182 RACT 
requirements for the 2008 8-hour ozone NAAQS. This conclusion is based 
on EKAPCD's analysis of SIP-approved requirements that apply to the 
following: (1) Source categories for which a CTG has been issued, and 
(2) major non-CTG stationary sources of VOC or NOX 
emissions.
    With respect to CTG source categories, EKAPCD analyzed in Section 
VI., ``RACT ANALYSIS,'' of the 2017 RACT SIP those rules and source 
categories that had sources within the District subject to the CTGs. 
Based on our analysis, the EPA concludes that EKAPCD's analysis has 
demonstrated that the required rules are in place. In this rulemaking, 
we propose to find that EKAPCD Rules 410.3, 410.4, 410.8, 410.9, and 
412 establish RACT-level controls for the sources within the following 
CTG categories: ``Design Criterial for Stage I Vapor Control Systems--
Gasoline Service Stations'' (EPA-450/R-75-102), ``Control of Volatile 
Organic Emissions from Solvent Metal Cleaning'' (EPA-450/2-77-022), 
``Control of Volatile Organic Emissions from Existing Stationary 
Sources--Volume VI: Surface Coating of Miscellaneous Metal Parts and 
Products'' (EPA-450/2-78-015), ``Control of Volatile Organic Compound 
Leaks from Gasoline Tank Trucks and Vapor Collection Systems'' (EPA-
450/2-78-051), ``Control Technique Guidelines for Miscellaneous Metal 
and Plastic Parts Coatings'' (EPA-453/R-08-003), ``Control of Volatile 
Organic Compound Emissions from Wood Furniture Manufacturing 
Operations'' (EPA-453/R-96-007), and ``Control of Volatile Organic 
Compound Emissions from Coating Operations at Aerospace Manufacturing 
and Rework Operations'' (EPA-453/R-97-004). Our TSD has additional 
information about our evaluation of these rules.
    Where there are no existing sources covered by a particular CTG 
document, or no major non-CTG sources of NOX or VOC, states 
may, in lieu of adopting RACT requirements for those sources, adopt 
negative declarations certifying that there are no such sources in the 
relevant nonattainment area. Table 6 of the 2017 RACT SIP lists 
EKAPCD's negative declarations where it has no sources subject to the 
applicable CTGs for the 2008 8-hour ozone NAAQS. These negative 
declarations are listed in Table 2 below. EKAPCD concludes that it has 
no sources subject to the CTGs based on a review of its permit files, 
emission inventory, and consultation with permitting and enforcement 
staff.
    Additionally, EKAPCD determined it had sources exceeding the 100 
tpy major source threshold for NOX and VOC. However, Table 5 
of the 2017 RACT SIP indicates EKAPCD's negative declaration that there 
are no non-CTG major VOC sources for the 2008 8-hour ozone NAAQS. As 
described in more detail in our TSD, we conclude that EKAPCD properly 
identified all major non-CTG sources requiring RACT.
    We reviewed EKAPCD's list of negative declarations in Table 6 of 
the 2017 RACT SIP and California Emissions Inventory data to verify the 
District's conclusion that it has no stationary sources subject to the 
CTG source categories for which it has adopted a negative declaration. 
We agree with the District's negative declarations in the 2017 RACT SIP 
and propose to approve them into the SIP.

                  Table 2--EKAPCD Negative Declarations
------------------------------------------------------------------------
   CTG document number and date              CTG document title
------------------------------------------------------------------------
(EPA-450-2-77-008, 1977/05).......  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume II: Surface Coating
                                     of Cans, Coils, Paper, Fabrics,
                                     Automobiles, and Light-Duty Trucks.
(EPA-450/2-77-025, 1977/10).......  Control of Refinery Vacuum Producing
                                     Systems, Wastewater Separators, and
                                     Process Unit Turnarounds.
(EPA-450/2-77-026, 1977/10).......  Control of Hydrocarbons from Tank
                                     Truck Gasoline Loading Terminals.
(EPA-450/2-77-032, 1977/12).......  Control of VOC Emissions from
                                     Existing Stationary Sources--Volume
                                     III: Surface Coating of Metal
                                     Furniture.
(EPA-450/2-77-033, 1977/12).......  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume IV: Surface Coating
                                     of Insulation of Magnet Wire.
(EPA-450/2-77-034, 1977/12).......  Control of VOC Emissions from
                                     Existing Stationary Sources--Volume
                                     V: Surface Coating of Large
                                     Appliances.
(EPA-450/2-77-035, 1977/12).......  Control of VOC Emissions from Bulk
                                     Gasoline Plants.
(EPA-450/2-77-036, 1977/12).......  Control of VOC Emissions from
                                     Storage of Petroleum Liquids in
                                     Fixed-Roof Tanks.
(EPA-450/2-77-037, 1977/12).......  Control of VOC Emissions from Use of
                                     Cutback Asphalt.
(EPA-450/2-78-032, 1978/06).......  Control of VOC Emissions from
                                     Existing Stationary Sources--Volume
                                     VII: Factory Surface Coating of
                                     Flat Wood Paneling.
(EPA-450/2-78-036, 1978/06).......  Control of VOC Leaks from Petroleum
                                     Refinery Equipment.
(EPA-450/2-78-029, 1978/12).......  Control of Volatile Organic
                                     Emissions from Manufacture of
                                     Synthesized Pharmaceutical
                                     Products.
(EPA-450/2-78-030, 1978/12).......  Control of Volatile Organic
                                     Emissions from Manufacture of
                                     Pneumatic Rubber Tires.

[[Page 47438]]

 
(EPA-450/2-78-033, 1978/12).......  Control of VOC Emissions from
                                     Existing Stationary Sources--Volume
                                     VIII: Graphic Arts-Rotogravure and
                                     Flexography.
(EPA-450/2-78-047, 1978/12).......  Control of VOC Emissions from
                                     Petroleum Liquid Storage in
                                     External Floating Roof Tanks.
(EPA-450/3-82-009, 1982/09).......  Control of VOC Emissions from Large
                                     Petroleum Dry Cleaners.
(EPA-450/3-83-008, 1983/11).......  Control of VOC Emissions from
                                     Manufacture of High-Density
                                     Polyethylene, Polypropylene, and
                                     Polystyrene Resins.
(EPA-450/3-83-007, 1983/12).......  Control of VOC Equipment Leaks from
                                     Natural Gas/Gasoline Processing
                                     Plants.
(EPA-450/3-83-006, 1984/03).......  Control of VOC Leaks from Synthetic
                                     Organic Chemical Polymer and Resin
                                     Manufacturing Equipment.
(EPA-450/2-78-029, 1978/12).......  Control of Volatile Organic
                                     Emissions from Manufacture of
                                     Synthesized Pharmaceutical
                                     Products.
(EPA-450/3-84-015, 1984/12).......  Control of VOC Emissions from Air
                                     Oxidation Processes in Synthetic
                                     Organic Chemical Manufacturing
                                     Industry.
(EPA-450/4-91-031, 1993/08).......  Control of VOC Emissions from
                                     Reactor Processes and Distillation
                                     Operations in Synthetic Organic
                                     Chemical Manufacturing Industry.
(61 FR 44050 8/27/1996, 1996/08)..  Control Techniques Guidelines for
                                     Shipbuilding and Ship Repair
                                     Operations (Surface Coating).
(EPA-453/R-06-001, 2006/09).......  Control Techniques Guidelines for
                                     Industrial Cleaning Solvents.
(EPA-453/R-06-002, 2006/09).......  Control Techniques Guidelines for
                                     Offset Lithographic Printing and
                                     Letterpress Printing.
(EPA-453/R-06-003, 2006/09).......  Control Techniques Guidelines for
                                     Flexible Package Printing.
(EPA-453/R-06-004, 2006/09).......  Control Techniques Guidelines for
                                     Flat Wood Paneling Coatings.
(EPA-453/R-07-003, 2007/09).......  Control Techniques Guidelines for
                                     Paper, Film, and Foil Coatings.
(EPA-453/R-07-005, 2007/09).......  Control Techniques Guidelines for
                                     Large Appliance Coatings.
(EPA-453/R-07-005, 2007/09).......  Control Techniques Guidelines for
                                     Metal Furniture Coatings.
(EPA-453/R-08-004, 2008/09).......  Control Techniques Guidelines for
                                     Fiberglass Boat Manufacturing
                                     Materials.
(EPA-453/R-08-005, 2008/09).......  Control Techniques Guidelines for
                                     Miscellaneous Industrial Adhesives.
(EPA-453/R-08-006, 2008/09).......  Control Techniques Guidelines for
                                     Automobile and Light-Duty Truck
                                     Assembly Coatings.
------------------------------------------------------------------------

C. The EPA's Recommendations to Further Improve the RACT SIP

    The TSD includes recommendations for future rule improvements. 
These recommendations address rule stringency and clarity and update 
rule language.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
approve CARB's submittal of the EKAPCD 2017 RACT SIP, as reflected in 
Tables 3 and 4. As discussed above, the RACT SIP must document current 
RACT for sources covered by CTGs and for major non-CTG sources for VOC 
and NOX emissions. We have determined that the 2017 RACT SIP 
documents RACT for all CTG sources and non-CTG major VOC sources. For 
these reasons and the reasons discussed above, we are proposing to 
approve the District's certification that it has met RACT requirements 
for items reflected in Tables 3 and 4 for the 2008 8-hour ozone NAAQS 
as demonstrated in its 2017 RACT SIP.

[[Page 47439]]



                                Table 3--List of CTG Categories--2008 Ozone NAAQS
----------------------------------------------------------------------------------------------------------------
                                                                                Negative
        EPA document No.          CTG source category   EKAPCD rule number    declaration    EPA proposed action
                                                         claimed as RACT       submitted
----------------------------------------------------------------------------------------------------------------
EPA-450/R-75-102................  Design Criteria for  Rule 412...........  ...............  Approval.
                                   Stage I Vapor
                                   Control Systems--
                                   Gasoline Service
                                   Stations.
EPA-450/2-77-008................  Control of Volatile  ...................               X   Approval.
                                   Organic Emissions
                                   from Existing
                                   Stationary
                                   Sources--Volume
                                   II: Surface
                                   Coating of Cans.
EPA-450/2-77-008................  Control of Volatile  ...................               X   Approval.
                                   Organic Emissions
                                   from Existing
                                   Stationary
                                   Sources--Volume
                                   II: Surface
                                   Coating of Coils.
EPA-450/2-77-008................  Control of Volatile  ...................               X   Approval.
                                   Organic Emissions
                                   from Existing
                                   Stationary
                                   Sources--Volume
                                   II: Surface
                                   Coating of Paper.
EPA-450/2-77-008................  Control of Volatile  ...................               X   Approval.
                                   Organic Emissions
                                   from Existing
                                   Stationary
                                   Sources--Volume
                                   II: Surface
                                   Coating of Fabrics.
EPA-450/2-77-008................  Control of Volatile  ...................               X   Approval.
                                   Organic Emissions
                                   from Existing
                                   Stationary
                                   Sources--Volume
                                   II: Surface
                                   Coating of
                                   Automobiles, and
                                   Light-Duty Trucks.
EPA-450/2-77-022................  Control of Volatile  Rule 410.3.........  ...............  Approval.
                                   Organic Emissions
                                   from Solvent Metal
                                   Cleaning.
EPA-450/2-77-025................  Control of Refinery  ...................               X   Approval.
                                   Vacuum Producing
                                   Systems,
                                   Wastewater
                                   Separators, and
                                   Process Unit
                                   Turnarounds.
EPA-450/2-77-026................  Control of           ...................               X   Approval.\7\
                                   Hydrocarbons from
                                   Tank Truck
                                   Gasoline Loading
                                   Terminals.
EPA-450/2-77-032................  Control of Volatile  ...................               X   Approval.\8\
                                   Organic Emissions
                                   from Existing
                                   Stationary
                                   Sources--Volume
                                   III: Surface
                                   Coating of Metal
                                   Furniture.
EPA-450/2-77-033................  Control of Volatile  ...................               X   Approval.\9\
                                   Organic Emissions
                                   from Existing
                                   Stationary
                                   Sources--Volume
                                   IV: Surface
                                   Coating of
                                   Insulation of
                                   Magnet Wire.
EPA-450/2-77-034................  Control of Volatile  ...................               X   Approval.\10\
                                   Organic Emissions
                                   from Existing
                                   Stationary
                                   Sources--Volume V:
                                   Surface Coating of
                                   Large Appliances.
EPA-450/2-77-035................  Control of Volatile  ...................               X   Approval.\11\
                                   Organic Emissions
                                   from Bulk Gasoline
                                   Plants.
EPA-450/2-77-036................  Control of Volatile  ...................               X   Approval.\12\
                                   Organic Emissions
                                   from Storage of
                                   Petroleum Liquids
                                   in Fixed-Roof
                                   Tanks.
EPA-450/2-77-037................  Control of Volatile  ...................               X   Approval.
                                   Organic Emissions
                                   from Use of
                                   Cutback Asphalt.
EPA-450/2-78-015................  Control of Volatile  Rule 410.4.........  ...............  Approval.
                                   Organic Emissions
                                   from Existing
                                   Stationary
                                   Sources--Volume
                                   VI: Surface
                                   Coating of
                                   Miscellaneous
                                   Metal Parts and
                                   Products.
EPA-450/2-78-029................  Control of Volatile  ...................               X   Approval.
                                   Organic Emissions
                                   from Manufacture
                                   of Synthesized
                                   Pharmaceutical
                                   Products.
EPA-450/2-78-030................  Control of Volatile  ...................               X   Approval.
                                   Organic Emissions
                                   from Manufacture
                                   of Pneumatic
                                   Rubber Tires.
EPA-450/2-78-032................  Control of Volatile  ...................               X   Approval.\13\
                                   Organic Emissions
                                   from Existing
                                   Stationary
                                   Sources--Volume
                                   VII: Factory
                                   Surface Coating of
                                   Flat Wood Paneling.
EPA-450/2-78-033................  Control of Volatile  ...................               X   Approval.\14\
                                   Organic Emissions
                                   from Existing
                                   Stationary
                                   Sources--Volume
                                   VIII: Graphic Arts-
                                   Rotogravure and
                                   Flexography.
EPA-450/2-78-036................  Control of Volatile  ...................               X   Approval.\15\
                                   Organic Compound
                                   Leaks from
                                   Petroleum Refinery
                                   Equipment.
EPA-450/2-78-047................  Control of Volatile  ...................               X   Approval.\16\
                                   Organic Emissions
                                   from Petroleum
                                   Liquid Storage in
                                   External Floating
                                   Roof Tanks.
EPA-450/2-78-051................  Control of Volatile  Rule 412...........  ...............  Approval.
                                   Organic Compound
                                   Leaks from
                                   Gasoline Tank
                                   Trucks and Vapor
                                   Collection Systems.
EPA-450/3-82-009................  Control of Volatile  ...................               X   Approval.\17\
                                   Organic Compound
                                   Emissions from
                                   Large Petroleum
                                   Dry Cleaners.
EPA-450/3-83-006................  Control of Volatile  ...................               X   Approval.\18\
                                   Organic Compound
                                   Leaks from
                                   Synthetic Organic
                                   Chemical Polymer
                                   and Resin
                                   Manufacturing
                                   Equipment.
EPA-450/3-83-007................  Control of Volatile  ...................               X   Approval.\19\
                                   Organic Compound
                                   Equipment Leaks
                                   from Natural Gas/
                                   Gasoline
                                   Processing Plants.
EPA-450/3-83-008................  Control of Volatile  ...................               X   Approval.
                                   Organic Compound
                                   Emissions from
                                   Manufacture of
                                   High-Density
                                   Polyethylene,
                                   Polypropylene, and
                                   Polystyrene Resins.
EPA-450/3-84-015................  Control of Volatile  ...................               X   Approval.
                                   Organic Compound
                                   Emissions from Air
                                   Oxidation
                                   Processes in
                                   Synthetic Organic
                                   Chemical
                                   Manufacturing
                                   Industry.

[[Page 47440]]

 
EPA-450/4-91-031................  Control of Volatile  ...................               X   Approval.
                                   Organic Compound
                                   Emissions from
                                   Reactor Processes
                                   and Distillation
                                   Operations in
                                   Synthetic Organic
                                   Chemical
                                   Manufacturing
                                   Industry.
EPA-453/R-06-001................  Control Techniques   ...................          X \20\   Approval.
                                   Guidelines for
                                   Industrial
                                   Cleaning Solvents.
EPA-453/R-06-002................  Control Technology   ...................          X \21\   Approval.\22\
                                   Guidelines for
                                   Offset
                                   Lithographic
                                   Printing and
                                   Letterpress
                                   Printing.
EPA-453/R-06-003................  Control Techniques   ...................               X   Approval.\23\
                                   Guidelines for
                                   Flexible Package
                                   Printing.
EPA-453/R-06-004................  Control Technique    ...................               X   Approval.\24\
                                   Guidelines for
                                   Flat Wood Paneling
                                   Coatings.
EPA-453/R-07-003................  Control Techniques   ...................               X   Approval.
                                   Guidelines for
                                   Paper Coatings.
EPA-453/R-07-003................  Control Techniques   ...................               X   Approval.
                                   Guidelines for
                                   Film Coatings.
EPA-453/R-07-003................  Control Techniques   ...................               X   Approval.
                                   Guidelines for
                                   Foil Coatings.
EPA-453/R-07-004................  Control Techniques   ...................               X   Approval.\25\
                                   Guidelines for
                                   Large Appliance
                                   Coatings.
EPA-453/R-07-005................  Control Techniques   ...................               X   Approval.\26\
                                   Guidelines for
                                   Metal Furniture
                                   Coatings.
EPA-453/R-08-003................  Control Technique    Rule 410.4.........  ...............  Approval.
                                   Guidelines for
                                   Miscellaneous
                                   Metal and Plastic
                                   Parts Coatings.
EPA-453/R-08-004................  Control Techniques   ...................               X   Approval.
                                   Guidelines for
                                   Fiberglass Boat
                                   Manufacturing
                                   Materials.
EPA-453/R-08-005................  Control Techniques   ...................               X   Approval.
                                   Guidelines for
                                   Miscellaneous
                                   Industrial
                                   Adhesives.
EPA-453/R-08-006................  Control Techniques   ...................               X   Approval.\27\
                                   Guidelines for
                                   Automobile and
                                   Light-duty Truck
                                   Assembly Coatings.
EPA-453/R-96-007................  Control of Volatile  Rule 410.9.........  ...............  Approval.
                                   Organic Compound
                                   Emissions from
                                   Wood Furniture
                                   Manufacturing
                                   Operations.
EPA-453/R-94-032................  Alternative Control  ...................               X   Approval.
                                   Technology
                                   Document--Surface
                                   Coating Operations
                                   at Shipbuilding
                                   and Ship Repair
                                   Facilities CTG,
                                   see 61 FR-44050, 8/
                                   27/96.
61 FR-44050-8/27/96.............  Control Techniques   ...................               X   Approval.\28\
                                   Guidelines for
                                   Shipbuilding and
                                   Ship Repair
                                   Operations
                                   (Surface Coating).
EPA-453/R-97-004................  Control of VOC       Rule 410.8.........  ...............  Approval.
                                   Emissions from
                                   Coating Operations
                                   at Aerospace
                                   Manufacturing and
                                   Rework Operations.
EPA-453/B-16-001................  Control Techniques   ...................               X   EPA approved this
                                   Guidelines for the                                         negative
                                   Oil and Natural                                            declaration on
                                   Gas Industry.                                              January 14, 2021
                                                                                              (86 FR 3816).
----------------------------------------------------------------------------------------------------------------


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

    \7\ The District identified Rule 412 for this CTG category and 
submitted a negative declaration. In this action, we are proposing 
to approve the negative declaration.
    \8\ The District identified Rule 410.4 for this CTG category and 
submitted a negative declaration. In this action, we are proposing 
to approve the negative declaration.
    \9\ The District identified Rule 410.4 for this CTG category and 
submitted a negative declaration. In this action, we are proposing 
to approve the negative declaration.
    \10\ The District identified Rule 410.4 for this CTG category 
and submitted a negative declaration. In this action, we are 
proposing to approve the negative declaration.
    \11\ The District identified Rule 412 for this CTG category and 
submitted a negative declaration. In this action, we are proposing 
to approve the negative declaration.
    \12\ The District identified Rule 411 for this CTG category and 
submitted a negative declaration. In this action, we are proposing 
to approve the negative declaration.
    \13\ The District identified Rule 410.9 for this CTG category 
and submitted a negative declaration. In this action, we are 
proposing to approve the negative declaration.
    \14\ The District identified Rule 410.7 for this CTG category 
and submitted a negative declaration. In this action, we are 
proposing to approve the negative declaration.
    \15\ The District identified Rules 414.1 and 414.5 for this CTG 
category and submitted a negative declaration. In this action, we 
are proposing to approve the negative declaration.
    \16\ The District identified Rule 411 for this CTG category and 
submitted a negative declaration. In this action, we are proposing 
to approve the negative declaration.
    \17\ The District identified Rule 410.6A for this CTG category 
and submitted a negative declaration. In this action, we are 
proposing to approve the negative declaration.
    \18\ The District identified Rule 414.1 for this CTG category 
and submitted a negative declaration. In this action, we are 
proposing to approve the negative declaration.
    \19\ The District identified Rules 414.1 and 414.5 for this CTG 
category and submitted a negative declaration. In this action, we 
are proposing to approve the negative declaration.
    \20\ For this CTG category, the district found there to be no 
sources greater than the CTG applicability.
    \21\ For this CTG category, the district found there to be no 
sources greater than the CTG applicability.
    \22\ The District identified Rule 410.7 for this CTG category 
and submitted a negative declaration. In this action, we are 
proposing to approve the negative declaration.
    \23\ The District identified Rule 410.7 for this CTG category 
and submitted a negative declaration. In this action, we are 
proposing to approve the negative declaration.
    \24\ The District identified Rule 410.9 for this CTG category 
and submitted a negative declaration. In this action, we are 
proposing to approve the negative declaration.
    \25\ The District identified Rule 410.4 for this CTG category 
and submitted a negative declaration. In this action, we are 
proposing to approve the negative declaration.
    \26\ The District identified Rule 410.4 for this CTG category 
and submitted a negative declaration. In this action, we are 
proposing to approve the negative declaration.
    \27\ The District identified Rule 410.4A for this CTG category 
and submitted a negative declaration. In this action, we are 
proposing to approve the negative declaration.
    \28\ The District identified Rule 410.4 for this CTG category 
and submitted a negative declaration. In this action, we are 
proposing to approve the negative declaration.

[[Page 47441]]



                   Table 4--RACT for Major Non-CTG VOC/NOX Sources in EKAPCD--2008 Ozone NAAQS
----------------------------------------------------------------------------------------------------------------
                                        Major non-CTG sources   Covered by SIP-Approved
               Category                      in District?       RACT-Level EKAPCD Rules    EPA proposed action
----------------------------------------------------------------------------------------------------------------
Major (100+ tpy) non-CTG VOC sources.  None listed............  N/A....................  Approval.
Major (100+ tpy) non-CTG NOX sources.  Yes....................  No.....................  EPA is not acting on
                                                                                          this element in this
                                                                                          action
----------------------------------------------------------------------------------------------------------------

    We will accept comments from the public on this proposal until 
September 24, 2021. If finalized, this action would incorporate the 
approved portions of the 2017 RACT SIP and negative declarations into 
the SIP.

III. 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 proposed action merely proposes to approve state law 
as meeting federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed 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);
     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 Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address disproportionate human health or environmental effects with 
practical, appropriate, 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: August 6, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-17239 Filed 8-24-21; 8:45 am]
BILLING CODE 6560-50-P