[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Proposed Rules]
[Pages 21572-21576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07597]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2018-0160; FRL-10867-01-R9]
Air Plan Revisions; California; Yolo-Solano Air Quality
Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
partially approve and partially disapprove, under the Clean Air Act
(CAA or ``Act''), a revision to the California state implementation
plan (SIP). This revision addresses reasonably available control
technology (RACT) requirements for the 2008 8-hour ozone national
ambient air quality standards (NAAQS or ``standards'') in the portion
of the Sacramento Metropolitan nonattainment area that is subject to
the jurisdiction of the Yolo-Solano Air Quality Management District
(YSAQMD). We are taking comments on this proposal and plan to follow
with a final action.
DATES: Comments must be received on or before May 11, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2018-0160 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 a disability
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: Eugene Chen, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4304 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?
C. What is the purpose of the submitted document?
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. What are the deficiencies?
D. Proposed Action and Public Comment
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
dates that it was adopted by the local air agency and submitted by the
California Air Resources Board (CARB).
Table 1--Submitted Document
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Local agency Document Adopted Submitted
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YSAQMD................................. Reasonably Available Control Technology 09/13/2017 11/13/2017
(RACT) State Implementation Plan (SIP)
Analysis for the 2008 Federal Ozone
Standard (``2017 RACT SIP'').
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The EPA determined that the negative declarations portion of the
2017 RACT SIP met the SIP submittal completeness criteria in 40 CFR
part 51, Appendix V on April 11, 2018.\1\ The EPA determined that the
remaining elements of the 2017 RACT SIP met the completeness criteria
on August 23, 2018.\2\
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\1\ Letter dated April 11, 2018, from Elizabeth J. Adams, Acting
Director, Air Division, EPA Region IX, to Richard Corey, Executive
Officer, CARB.
\2\ Letter dated August 23, 2018, from Elizabeth J. Adams,
Acting Director, Air Division, EPA Region IX, to Richard Corey,
Executive Officer, CARB.
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[[Page 21573]]
B. Are there other versions of this document?
There are no other versions of this document, but we previously
took final action to approve the negative declarations from the 2017
RACT SIP.\3\ The remaining elements of the 2017 RACT SIP are the
subject of this action.
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\3\ 83 FR 31017 (April 5, 2018). This action also approved four
additional negative declarations submitted by the YSAQMD on February
22, 2018.
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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 YSAQMD is subject to this
requirement as it regulates the Yolo County and Solano County portions
of the Sacramento Metropolitan ozone nonattainment area that is
classified as a Severe nonattainment area for the 2008 8-hour ozone
NAAQS.\4\ Therefore, the YSAQMD 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 portion of the
ozone nonattainment area that it regulates. Any stationary source that
emits or has the potential to emit at least 25 tons per year (tpy) of
VOCs or NOX is a major stationary source in a Severe ozone
nonattainment area.\5\
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\4\ 77 FR 30088 (May 21, 2012).
\5\ CAA sections 182(d) and (f) and 302(j).
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Section III.D of the preamble to the EPA's final rule to implement
the 2008 ozone NAAQS discusses RACT requirements.\6\ 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.\7\ 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.\8\
The 2017 RACT SIP submittal and negative declarations provide the
YSAQMD's analyses of its compliance with the CAA section 182 RACT
requirements for the 2008 8-hour ozone NAAQS.
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\6\ 80 FR 12264 (March 6, 2015).
\7\ Id. at 12278.
\8\ Id.; 70 FR 71612, 71652 (November 29, 2005).
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The EPA's technical support document (TSD) for this action has more
information about the 2017 RACT SIP and the EPA's evaluations
thereof.\9\ For more information about the YSAQMD's negative
declarations, please consult our April 5, 2018 final action approving
these negative declarations.\10\
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\9\ See Docket Item B-01
\10\ 83 FR 31017.
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II. The EPA's Evaluation and Action
A. How is the EPA evaluating the submitted document?
Generally, SIP rules must require RACT for all 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.\11\ The
YSAQMD regulates the Yolo County and Solano County portions of the
Sacramento Metropolitan ozone nonattainment area, which is classified
as Severe for the 2008 ozone standard (40 CFR 81.305). Therefore,
YSAQMD rules must implement RACT.
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\11\ CAA section 182(b)(2), (f).
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States should also submit for SIP approval negative declarations
for those CTGs for which they have no sources covered by the CTG,
regardless of whether such negative declarations were made in a SIP
submittal for an earlier ozone standard.\12\ To do so, the submittal
should provide reasonable assurances that no sources that fall under
the CTG currently exist in the regulated area.
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\12\ 57 FR 13498, 13512 (April 16, 1992).
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Accordingly, 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, the
District 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. ``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.
3. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (revised January 11, 1990)
(``Bluebook'').
4. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (``Little Bluebook'').
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).
8. ``State Implementation Plans: Response to Petition for
Rulemaking; Restatement and Update of EPA's SSM [startup, shutdown,
malfunction] Policy Applicable to SIPs; Findings of Substantial
Inadequacy; and SIP Calls to Amend Provisions Applying to Excess
Emissions During Periods of Startup, Shutdown and Malfunction'' (80 FR
33839) June 12, 2015 (``2015 SSM SIP Action'').
9. ``Inclusion of Provisions Governing Periods of Startup,
Shutdown, and Malfunctions in State Implementation Plans,'' EPA,
October 9, 2020.
10. ``Withdrawal of the October 9, 2020, Memorandum Addressing
Startup, Shutdown, and Malfunctions in State Implementation Plans and
Implementation of the Prior Policy,'' EPA, September 30, 2021.
B. Does the document meet the evaluation criteria?
The 2017 RACT SIP concludes that the YSAQMD has satisfied CAA
section 182 RACT requirements for the 2008 8-hour ozone NAAQS, based on
an analysis of SIP-approved requirements that apply to sources covered
by a CTG, and major non-CTG stationary sources of VOC or NOX
emissions.
With respect to CTG sources, the 2017 RACT SIP identifies several
CTGs with covered sources (i.e., sources covered by the CTG and
operating within the nonattainment area), and provides an evaluation of
the rules that the District relies upon to meet RACT for these CTGs. We
reviewed the District's evaluation and agree that its rules implement
RACT for the applicable CTGs. Our TSD has additional information about
our evaluation of these rules.
[[Page 21574]]
Table 3 of the 2017 RACT SIP lists the YSAQMD's negative
declarations where there are no sources in the District subject to the
applicable CTGs for the 2008 8-hour ozone NAAQS. We previously approved
the District's negative declarations on April 5, 2018,\13\ and while
they are not the subject of this action, we have summarized these
negative declarations with the remaining RACT elements for the 2008
ozone NAAQS in Table 2 below.
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\13\ 83 FR 31017.
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With respect to non-CTG major sources of NOX or VOC,
YSAQMD identified nine facilities exceeding the major source threshold
for NOX or VOC, which is 25 tpy in Severe ozone
nonattainment areas. As described in more detail in our TSD, we
conclude that YSAQMD properly identified all major non-CTG sources of
NOX or VOC requiring RACT. YSAQMD also identified several
district rules, including several NOX rules, that it relies
upon to implement RACT at these major sources. As discussed in more
detail in Section II.C below, we have noted deficiencies in two of the
identified district rules, and conclude that these district rules do
not fully satisfy the RACT requirement.
C. What are the deficiencies?
YSAQMD has identified Rule 2.38 (Standards for Municipal Solid
Waste Landfills) as implementing RACT for several municipal solid waste
landfills in the District that are non-CTG major sources of VOC.
Although Rule 2.38 is in effect locally, it has not been submitted for
approval into the SIP. Because Rule 2.38 is not federally enforceable
through the SIP, it cannot be used to satisfy RACT requirements.\14\
This deficiency represents the basis for our partial disapproval of the
2017 RACT SIP for the non-CTG major source VOC RACT element. The
District may remedy this deficiency by submitting an approvable rule
that implements RACT for municipal solid waste landfills that are non-
CTG major sources. See Section 6.1 of the TSD for more information.
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\14\ See CAA section 110(a)(2)(A) (requiring SIPs to include
enforceable emission limitations and other control measures, means,
or techniques as necessary to meet CAA requirements).
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Rule 2.43 (Biomass Boilers), which is relied upon to implement RACT
for the non-CTG major source NOX element, is inconsistent
with the EPA's SSM Policy because it exempts affected units from
complying with rule standards during periods of startup and shutdown
and does not provide any alternative emissions limitation during such
periods. The EPA's SSM policy, as defined in the 2015 SSM SIP
Action,\15\ explains that an emission limitation or requirement that
exempts periods of source operation, such as startup, cannot be
considered ``continuous'' and is therefore inconsistent with the
definition of ``emission limitation'' at CAA section 302(k). Under this
definition, an emission limitation must limit ``the quantity, rate, or
concentration of emissions of air pollution on a continuous basis''
(absent an alternative emission limitation that applies during such
periods). Since Rule 2.43 includes an exemption to emission standards
during periods of startup and shutdown, it does not apply on a
continuous basis; thus, it does not implement RACT during all operating
conditions, regardless of the level of stringency that the Rule 2.43
standards establish outside of exempt periods. This deficiency
represents the basis for our partial disapproval of the 2017 RACT SIP
for the non-CTG major source NOX RACT element. The District
may remedy this deficiency by establishing a continuous emission limit
that applies at all times, including during startup and shutdown. See
Section 6.2 of the TSD for more information.
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\15\ 80 FR 33839 (June 12, 2015).
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D. Proposed Action and Public Comment
For the reasons discussed above and explained in more detail in our
TSD, the EPA proposes to partially approve and partially disapprove the
2017 RACT SIP. As authorized in section 110(k)(3) of the Act, we are
proposing to approve the 2017 RACT SIP for each of the CTGs addressed
by a District rule. Also under section 110(k)(3), we propose to
disapprove the 2017 RACT SIP as it pertains to the non-CTG major source
NOX and VOC RACT elements, based upon our conclusion that
two of the District rules relied upon to implement RACT for these
elements contain deficiencies that preclude them from implementing
RACT. Table 2 lists each RACT element, the District rule or negative
declaration relied upon to address RACT, and our proposed action for
that RACT element.
The EPA is committed to working with YSAQMD to resolve the
identified RACT deficiencies. However, should we finalize the proposed
partial disapproval of the non-CTG major source NOX and VOC
RACT elements of the 2017 RACT SIP, CAA section 110(c) would require
the EPA to promulgate a federal implementation plan (FIP) within 24
months unless we approve subsequent SIP revisions that correct the
deficiencies identified in our final action. In this instance, we note
that the EPA already has an existing obligation to promulgate a FIP for
any RACT SIP elements that we have not taken final action to approve.
This FIP obligation originates from our February 3, 2017 finding that
YSAQMD failed to submit a RACT SIP for the 2008 8-hour ozone NAAQS by
the required submittal deadline.\16\ This finding of failure to submit
established a FIP obligation deadline of February 3, 2019.
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\16\ 82 FR 9158.
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In addition, final action on the proposed partial disapproval would
trigger the offset sanction in CAA section 179(b)(2) 18 months after
the effective date of a final disapproval, and the highway funding
sanction in CAA section 179(b)(1) six months after the offset sanction
is imposed. A sanction will not be imposed if the EPA determines that a
subsequent SIP submission corrects the deficiencies identified in our
final action before the applicable deadline.\17\
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\17\ Our February 7, 2017 finding of failure to submit also
triggered offset sanctions and highway funding sanctions. These
sanctions clocks were extinguished by the YSAQMD's submittal of its
2017 RACT SIP and our April 11, 2018 and August 23, 2018 letters
determining that the District's RACT SIP submittal was complete.
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We will accept comments from the public on this proposed partial
approval and partial disapproval until May 11, 2023. If finalized, this
action would incorporate the approved portions of the 2017 RACT SIP
into the SIP.
Table 2--List of RACT Elements--2008 Ozone NAAQS
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Negative
CTG Document No. RACT element District rule declaration EPA proposed
implementing RACT submitted action
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EPA-450/R-75-102............ Design Criteria for 2.22 (Gasoline ................. Approval.
Stage I Vapor Dispensing
Control--Gasoline Facilities).
Service Stations.
EPA-450/2-77-008............ Surface Coating of ..................... Yes.............. None.\a\
Cans.
EPA-450/2-77-008............ Surface Coating of ..................... Yes.............. None.\a\
Coils.
[[Page 21575]]
EPA-450/2-77-008............ Surface Coating of ..................... Yes.............. None.\a\
Paper.
EPA-450/2-77-008............ Surface Coating of ..................... Yes.............. None.\a\
Fabric.
EPA-450/2-77-008............ Surface Coating of ..................... Yes.............. None.\a\
Automobiles and
Light-Duty Trucks.
EPA-450/2-77-022............ Solvent Metal 2.31 (Solvent ................. Approval.
Cleaning. Cleaning and
Degreasing).
EPA-450/2-77-025............ Refinery Vacuum ..................... Yes.............. None.\a\
Producing Systems,
Wastewater
Separators, and
Process Unit
Turnarounds.
EPA-450/2-77-026............ Tank Truck Gasoline 2.21 (Organic Liquid ................. Approval.
Loading Terminals. Storage and
Transfer).
EPA-450/2-77-032............ Surface Coating of ..................... Yes.............. None.\a\
Metal Furniture.
EPA-450/2-77-033............ Surface Coating of ..................... Yes.............. None.\a\
Insulation of Magnet
Wire.
EPA-450/2-77-034............ Surface Coating of ..................... Yes.............. None.\a\
Large Appliances.
EPA-450/2-77-035............ Bulk Gasoline Plants. 2.21 (Organic Liquid ................. Approval.
Storage and
Transfer).
EPA-450/2-77-036............ Storage of Petroleum ..................... Yes.............. None.\a\
Liquids in Fixed-
Roof Tanks.
EPA-450/2-77-037............ Cutback Asphalt...... 2.28 (Cutback and ................. Approval.
Emulsified Asphalts).
EPA-450/2-78-015............ Surface Coating of 2.25 (Metal Parts and ................. Approval.
Miscellaneous Metal Products Coating
Parts and Products. Operations).
EPA-450/2-78-029............ Manufacture of ..................... Yes.............. None.\a\
Synthesized
Pharmaceutical
Products.
EPA-450/2-78-030............ Manufacture of ..................... Yes.............. None.\a\
Pneumatic Rubber
Tires.
EPA-450/2-78-032............ Factory Surface ..................... Yes.............. None.\a\
Coating of Flat Wood
Paneling.
EPA-450/2-78-033............ Graphic Arts- ..................... Yes.............. None.\a\
Rotogravure and
Flexography.
EPA-450/2-78-036............ Leaks from Petroleum ..................... Yes.............. None.\a\
Refinery Equipment.
EPA-450/2-78-047............ Petroleum Liquid 2.21 (Organic Liquid ................. Approval.
Storage in External Storage and
Floating Roof Tanks. Transfer).
EPA-450/2-78-051............ Leaks from Gasoline 2.21 (Organic Liquid ................. Approval.
Tank Trucks and Storage and
Vapor Collection Transfer).
Systems.
EPA-450/3-82-009............ Large Petroleum Dry ..................... Yes.............. None.\a\
Cleaners.
EPA-450/3-83-006............ Leaks from Synthetic ..................... Yes.............. None.\a\
Organic Chemical
Polymer and Resin
Manufacturing
Equipment.
EPA-450/3-83-007............ Leaks from Natural ..................... Yes.............. None.\a\
Gas/Gasoline
Processing Plants.
EPA-450/3-83-008............ Manufacture of High- ..................... Yes.............. None.\a\
Density
Polyethylene,
Polypropylene, and
Polystyrene Resins.
EPA-450/3-84-015............ Air Oxidation ..................... Yes.............. None.\a\
Processes in
Synthetic Organic
Chemical
Manufacturing
Industry.
EPA-450/4-91-031............ Reactor Processes and ..................... Yes.............. None.\a\
Distillation
Operations in
Synthetic Organic
Chemical
Manufacturing
Industry.
EPA-453/R-96-007............ Wood Furniture ..................... Yes.............. None.\a\
Manufacturing
Operations.
EPA-453/R-94-032, 61 FR ACT Surface Coating ..................... Yes.............. None.\a\
44050; 8/27/96. at Shipbuilding and
Ship Repair
Facilities
Shipbuilding and
Ship Repair
Operations (Surface
Coating).
EPA-453/R-97-004, 59 FR Aerospace MACT and ..................... Yes.............. None.\a\
29216; 6/06/94. Aerospace (CTG &
MACT).
EPA-453/R-06-001............ Industrial Cleaning 2.31 (Solvent ................. Approval.
Solvents. Cleaning and
Degreasing).
EPA-453/R-06-002............ Offset Lithographic 2.29 (Graphic Arts ................. Approval.
Printing and Printing Operations).
Letterpress Printing.
EPA-453/R-06-003............ Flexible Package ..................... Yes.............. None.\a\
Printing.
EPA-453/R-06-004............ Flat Wood Paneling ..................... Yes.............. None.\a\
Coatings.
EPA 453/R-07-003............ Paper, Film, and Foil ..................... Yes.............. None.\a\
Coatings.
EPA 453/R-07-004............ Large Appliance ..................... Yes.............. None.\a\
Coatings.
EPA 453/R-07-005............ Metal Furniture ..................... Yes.............. None.\a\
Coatings.
EPA 453/R-08-003............ Miscellaneous Metal 2.25 (Metal Parts and ................. Approval.
Parts Coatings, Products Coating
Table 2--Metal Parts Operations).
and Products.
EPA 453/R-08-003............ Miscellaneous Plastic ..................... Yes.............. None.\a\
Parts Coatings,
Table 3--Plastic
Parts and Products.
EPA 453/R-08-003............ Miscellaneous Plastic ..................... Yes.............. None.\a\
Parts Coatings,
Table 4--Automotive/
Transportation and
Business Machine
Plastic Parts.
EPA 453/R-08-003............ Miscellaneous Plastic ..................... Yes.............. None.\a\
Parts Coatings,
Table 5--Pleasure
Craft Surface
Coating.
EPA 453/R-08-003............ Miscellaneous Plastic ..................... Yes.............. None.\a\
Parts Coatings,
Table 6--Motor
Vehicle Materials.
EPA 453/R-08-004............ Fiberglass Boat 2.30 (Polyester Resin ................. Approval.
Manufacturing Operations).
Materials.
EPA 453/R-08-005............ Miscellaneous 2.33 (Adhesive ................. Approval.
Industrial Adhesives. Operations).
EPA 453/R-08-006............ Automobile and Light- ..................... Yes.............. None.\a\
Duty Truck Assembly
Coatings.
Non-CTG Major Sources 2.27 (Large Boilers). ................. Disapproval.\b\
of NOX. 2.32 (Stationary
Internal Combustion
Engines). 2.43
(Biomass Boilers).
Non-CTG Major Sources 2.38 (Standards for ................. Disapproval.\c\
of VOC. Municipal Solid
Waste Landfills).
2.41 (Expandable
Polystyrene
Manufacturing
Operations).
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\a\ Previously approved on April 5, 2018 (83 FR 14754).
\b\ As described in greater detail in the TSD, the proposed disapproval for the non-CTG major sources of NOX
element is based in the deficiencies noted in Rule 2.43 (Biomass Boilers).
\c\ As described in greater detail in our the TSD, the proposed disapproval for the non-CTG major sources of NOX
element is based on the deficiencies noted in Rule 2.38 (Standards for Municipal Solid Waste Landfills).
[[Page 21576]]
III. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://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. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.
C. 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 beyond those
imposed by state law.
D. 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 does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
state, local, or tribal governments, or to the private sector, will
result from this action.
E. 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 responsibilities among the various levels of government.
F. Executive Order 13175: Coordination With Indian Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, because 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, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.
G. 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 it does not impose additional
requirements beyond those imposed by state law.
H. 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.
I. 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.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Population
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provision of the Act and applicable
federal regulations. 42 U.S.C. 740(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to review state choices,
and approve those choices if they meet the minimum criteria of the Act.
Accordingly, this proposed action partially approves and partially
disapproves state law as meeting federal requirements and does not
impose additional requirements beyond those imposed by state law.
The District did not evaluate environmental justice considerations
as part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. The EPA
did not perform an EJ analysis and did not consider EJ in this action.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goals of
Executive Order 12898 of achieving environmental justice for people of
color, low-income populations, and indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 5, 2023.
Kerry Drake,
Acting Regional Administrator, Region IX.
[FR Doc. 2023-07597 Filed 4-10-23; 8:45 am]
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