Revisions to the California State Implementation Plan, Placer County Air Pollution Control District, Negative Declarations, 48995-48998 [2014-19425]
Download as PDF
<![CDATA[
Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Rules and Regulations
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 20, 2014. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
48995
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: August 7, 2014.
Karl Brooks,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, the Environmental Protection
Agency is amending 40 CFR part 52 as
set forth below:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart AA—Missouri
2. In § 52.1320(e) the table is amended
by adding new entry (61) in numerical
order at the end of the table to read as
follows:
■
§ 52.1320
*
Identification of Plan.
*
*
(e) * * *
*
*
EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
Name of non-regulatory
SIP provision
Applicable geographic or nonattainment area
State
submittal date
EPA approval date
Explanation
*
*
(61) Section 110(a)(2) Infrastructure Requirements for the 2008
Pb NAAQS.
*
Statewide ........
12/20/2011
*
*
08/19/2014 [insert Federal Register citation].
*
*
This action addresses the following
CAA
elements:
110(a)(2)(A), (B), (C), (D), (E),
(F), (G), (H), (J), (K), (L), and
(M).
[FR Doc. 2014–19536 Filed 8–18–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2014–0439; FRL–9914–75Region–9]
Revisions to the California State
Implementation Plan, Placer County
Air Pollution Control District, Negative
Declarations
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
wreier-aviles on DSK5TPTVN1PROD with RULES
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the Placer
County Air Pollution Control District
(PCAPCD) portion of the California State
SUMMARY:
VerDate Mar<15>2010
14:25 Aug 18, 2014
Jkt 232001
Implementation Plan (SIP). These
revisions concern negative declarations
for volatile organic compound (VOC)
source categories for the PCAPCD. We
are approving these negative
declarations under the Clean Air Act as
amended in 1990 (CAA or the Act).
DATES: This rule is effective on October
20, 2014 without further notice, unless
EPA receives adverse comments by
September 18, 2014. If we receive such
comments, we will publish a timely
withdrawal in the Federal Register to
notify the public that this direct final
rule will not take effect.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2014–0439, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or email.
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send email
directly to EPA, your email address will
be automatically captured and included
as part of the public comment. If EPA
cannot read your comment due to
technical difficulties and cannot contact
E:\FR\FM\19AUR1.SGM
19AUR1
48996
Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Rules and Regulations
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: Generally, documents in the
docket for this action are available
electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California 94105–3901. While all
documents in the docket are listed at
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps), and some may not
be publicly available in either location
(e.g., CBI). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Stanley Tong, EPA Region IX, (415)
947–4122, tong.stanley@epa.gov.
A. How is EPA evaluating the negative
declarations?
B. Do the negative declarations meet the
evaluation criteria?
C. EPA’s Recommendations
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
I. The State’s Submittal
Table of Contents
On February 13, 2014 PCAPCD
adopted 16 negative declarations and
stated that it did not have sources
subject to the Control Techniques
Guidelines (CTG) documents listed in
Table 1. On April 14, 2014, the
California Air Resources Board (CARB)
submitted these negative declarations to
EPA as a SIP revision.
I. The State’s Submittal
A. What negative declarations did the State
submit?
B. Are there other versions of these
negative declarations?
C. What is the purpose of the submitted
negative declarations?
II. EPA’s Evaluation and Action
A. What negative declarations did the
State submit?
TABLE 1—SUBMITTED NEGATIVE DECLARATIONS
CTG source category
Negative declaration—CTG reference document
Aerospace .......................................
EPA–453/R–97–004—Control of VOC Emissions from Coating Operations at Aerospace Manufacturing
and Rework Operations.
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.
EPA 450/R–08–006—Control Techniques Guidelines for Automobile and Light-duty Truck Assembly Coatings.
EPA–450/3–82–009—Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners.
EPA 453/R–08–004—Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials.
EPA–453/R–06–003—Control Techniques Guidelines for Flexible Package Printing.
EPA–450/2–77–034—Control of Volatile Organic Emissions from Existing Stationary Sources, Volume V:
Surface Coating of Large Appliances.
EPA 453/R–07–004—Control Techniques Guidelines for Large Appliance Coatings.
EPA–450/2–77–033—Control of Volatile Organic Emissions from Existing Stationary Sources, Volume IV:
Surface Coating of Insulation of Magnetic Wire.
EPA–450/2–77–032—Control of Volatile Organic Emissions from Existing Stationary Sources, Volume III:
Surface Coating of Metal Furniture.
EPA 453/R–07–005—Control Techniques Guidelines for Metal Furniture Coatings.
EPA–450/2–83–007—Control of VOC Equipment Leaks from Natural Gas/Gasoline Processing Plants.
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.
EPA 453/R–07–003—Control Techniques Guidelines for Paper, Film, and Foil Coatings.
EPA–450/2–78–029—Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products.
EPA–450/2–77–025—Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds.
EPA–450/2–78–036—Control of VOC Leaks from Petroleum Refinery Equipment.
EPA–450/2–78–030—Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires.
EPA–453/R–94–032 Alternative Control Technology Document—Surface Coating Operations at Shipbuilding and Ship Repair Facilities and Ships 61 FR 44050 Shipbuilding and Ship Repair Operations
(Surface Coating).
EPA–450/3–84–015—Control of VOC Emissions from Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry.
EPA–450/4–91–031—Control of VOC Emissions from Reactor Processes and Distillation Operations in
SOCMI.
Automobile and Light-duty Truck
Assembly Coatings.
Dry Cleaning (Petroleum) ...............
Fiberglass Boat Manufacturing .......
Flexible Package Printing ...............
Large Appliances Surface Coatings
Magnetic Wire .................................
Metal Furniture Coatings ................
Natural Gas/Gasoline ......................
Paper and Fabric ............................
Paper, Film, and Foil Coatings .......
Pharmaceutical Products ................
Refineries ........................................
Rubber Tires ...................................
Ships/Marine Coating ......................
wreier-aviles on DSK5TPTVN1PROD with RULES
Synthetic Organic Chemical ...........
On June 24, 2014, EPA determined
that the PCAPCD negative declarations
submitted on April 14, 2014, met the
VerDate Mar<15>2010
17:14 Aug 18, 2014
Jkt 232001
completeness criteria in 40 CFR Part 51
Appendix V, which must be met before
formal EPA review.
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
B. Are there other versions of these
negative declarations?
E:\FR\FM\19AUR1.SGM
19AUR1
Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Rules and Regulations
There are no previous versions of
PCAPCD’s 2014 negative declarations in
the SIP.1
C. What is the purpose of the submitted
negative declarations?
The negative declarations were
submitted to meet the requirements of
CAA section 182(b)(2). Ozone
nonattainment areas classified at
moderate and above are required to
adopt VOC regulations for the published
CTG categories and for major non-CTG
sources of VOC or NOX. If an ozone
nonattainment area does not have
stationary sources covered by an EPA
published CTG, then the area is required
to submit a negative declaration. The
negative declarations were submitted
because there are no stationary sources
exceeding the CTG’s applicability
threshold within the PCAPCD
jurisdiction. EPA’s technical support
document (TSD) has more information
about these negative declarations.
II. EPA’s Evaluation and Action
A. How is EPA evaluating the negative
declarations?
The negative declarations are
submitted as SIP revisions and must be
consistent with CAA requirements for
Reasonably Available Control
Technology (RACT) (see section
182(b)(2)) and SIP relaxation (see
sections 110(l) and 193.) To do so, the
submittal should provide reasonable
assurance that no sources subject to the
CTG requirements currently exist or are
planned for the PCAPCD.
B. Do the negative declarations meet the
evaluation criteria?
We believe these negative
declarations are consistent with the
relevant policy and guidance regarding
RACT and SIP relaxations. The TSD has
more information on our evaluation.
C. EPA’s Recommendations
wreier-aviles on DSK5TPTVN1PROD with RULES
We note that in 2006, PCAPCD
adopted a negative declaration for the
Polyester Resin category, but that this
category did not appear in the current
submittal. The District should submit a
negative declaration for the following
1 PCAPCD adopted other negative declarations in
the past. On October 7, 1997, PCAPCD adopted
negative declarations to comply with the 1990
Clean Air Act Amendments. We approved these
into the SIP on September 23, 1998 (63 FR 50766).
On December 14, 2006, PCAPCD adopted additional
negative declarations to comply with the 1997 8hour ozone National Ambient Air Quality
Standards and CARB submitted them to us on July
11, 2007. While we have not acted on this earlier
submittal, we have reviewed materials provided
with it.
VerDate Mar<15>2010
17:14 Aug 18, 2014
Jkt 232001
CTGs if there are no sources in the
District subject to the CTGs. EPA–450/
3–83–008—Control of VOC Emissions
from Manufacture of High-Density
Polyethylene, Polypropylene, and
Polystyrene Resins; and
EPA–450/3–83–006—Control of VOC
Fugitive Emissions from Synthetic
Organic Chemical Polymer and Resin
Manufacturing Equipment.
D. Public Comment and Final Action
As authorized in section 110(k)(3) of
the Act, EPA is fully approving the
submitted negative declarations as
additional information to the SIP
because we believe they fulfill all
relevant requirements. We do not think
anyone will object to this approval, so
we are finalizing it without proposing it
in advance. However, in the Proposed
Rules section of this Federal Register,
we are simultaneously proposing
approval of these negative declarations.
If we receive adverse comments by
September 18, 2014, we will publish a
timely withdrawal in the Federal
Register to notify the public that the
direct final approval will not take effect
and we will address the comments in a
subsequent final action based on the
proposal. If we do not receive timely
adverse comments, the direct final
approval will be effective without
further notice on October 20, 2014.
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, EPA’s role is to approve
State choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves State law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by State law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• 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.);
PO 00000
Frm 00057
Fmt 4700
Sfmt 4700
48997
• 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 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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
E:\FR\FM\19AUR1.SGM
19AUR1
48998
Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Rules and Regulations
appropriate circuit by October 20, 2014.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the Proposed Rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. 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,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: July 21, 2014.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.222, is amended by
adding paragraph (a)(4)(ii)and (iii) to
read as follows:
■
§ 52.222
*
Negative declarations.
*
*
(a) * * *
(4) * * *
(ii)
*
*
CTG source category
Negative declaration—CTG reference document
Aerospace .......................................
EPA–453/R–97–004—Control of VOC Emissions from Coating Operations at Aerospace Manufacturing
and Rework Operations.
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.
EPA 450/R–08–006—Control Techniques Guidelines for Automobile and Light-duty Truck Assembly Coatings.
EPA–450/3–82–009—Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners.
EPA 453/R–08–004—Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials.
EPA–453/R–06–003—Control Techniques Guidelines for Flexible Package Printing.
EPA–450/2–77–034—Control of Volatile Organic Emissions from Existing Stationary Sources, Volume V:
Surface Coating of Large Appliances.
EPA 453/R–07–004—Control Techniques Guidelines for Large Appliance Coatings.
EPA–450/2–77–033—Control of Volatile Organic Emissions from Existing Stationary Sources, Volume IV:
Surface Coating of Insulation of Magnetic Wire.
EPA–450/2–77–032—Control of Volatile Organic Emissions from Existing Stationary Sources, Volume III:
Surface Coating of Metal Furniture.
EPA 453/R–07–005—Control Techniques Guidelines for Metal Furniture Coatings.
EPA–450/2–83–007—Control of VOC Equipment Leaks from Natural Gas/Gasoline Processing Plants.
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 .
EPA 453/R–07–003—Control Techniques Guidelines for Paper, Film, and Foil Coatings.
EPA–450/2–78–029—Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products.
EPA–450/2–77–025—Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds.
EPA–450/2–78–036—Control of VOC Leaks from Petroleum Refinery Equipment.
EPA–450/2–78–030—Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires.
EPA–453/R–94–032 Alternative Control Technology Document—Surface Coating Operations at Shipbuilding and Ship Repair Facilities and Ships 61 FR 44050 Shipbuilding and Ship Repair Operations
(Surface Coating).
EPA–450/3–84–015—Control of VOC Emissions from Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry.
EPA–450/4–91–031—Control of VOC Emissions from Reactor Processes and Distillation Operations in
SOCMI.
Automobile and Light-duty Truck
Assembly Coatings.
Dry Cleaning (Petroleum) ...............
Fiberglass Boat Manufacturing .......
Flexible Package Printing ...............
Large Appliances Surface Coatings
Magnetic Wire .................................
Metal Furniture Coatings ................
Natural Gas/Gasoline ......................
Paper and Fabric ............................
Paper, Film, and Foil Coatings .......
Pharmaceutical Products ................
Refineries ........................................
Rubber Tires ...................................
Ships/Marine Coating ......................
Synthetic Organic Chemical ...........
(iii) Submitted on April 14, 2014 and
adopted on February 13, 2014.
*
*
*
*
*
ENVIRONMENTAL PROTECTION
AGENCY
wreier-aviles on DSK5TPTVN1PROD with RULES
[FR Doc. 2014–19425 Filed 8–18–14; 8:45 am]
40 CFR Part 52
BILLING CODE 6560–50–P
[EPA–R07–OAR–2014–0582; FRL–9915–30–
Region 7]
Approval and Promulgation of
Implementation Plans; State of
Missouri, Certain Coals To Be Washed
AGENCY:
Environmental Protection
Agency.
VerDate Mar<15>2010
14:25 Aug 18, 2014
Jkt 232001
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
ACTION:
Direct final rule.
The Environmental Protection
Agency (EPA) is taking direct final
action to approve a revision to the State
Implementation Plan (SIP) submitted by
the State of Missouri on May 8, 2012,
related to a Missouri rule titled ‘‘Certain
Coals to be Washed.’’ This rule requires
specified coals to be washed prior to
sale in the St. Louis metropolitan area.
This action amends the SIP to update an
outdated reference in the rule.
SUMMARY:
E:\FR\FM\19AUR1.SGM
19AUR1
]]>Agencies
[Federal Register Volume 79, Number 160 (Tuesday, August 19, 2014)]
[Rules and Regulations]
[Pages 48995-48998]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19425]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2014-0439; FRL-9914-75-Region-9]
Revisions to the California State Implementation Plan, Placer
County Air Pollution Control District, Negative Declarations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Placer County Air Pollution
Control District (PCAPCD) portion of the California State
Implementation Plan (SIP). These revisions concern negative
declarations for volatile organic compound (VOC) source categories for
the PCAPCD. We are approving these negative declarations under the
Clean Air Act as amended in 1990 (CAA or the Act).
DATES: This rule is effective on October 20, 2014 without further
notice, unless EPA receives adverse comments by September 18, 2014. If
we receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2014-0439, by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact
[[Page 48996]]
you for clarification, EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses.
Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901.
While all documents in the docket are listed at www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), and some may not be
publicly available in either location (e.g., CBI). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.
FOR FURTHER INFORMATION CONTACT: Stanley Tong, EPA Region IX, (415)
947-4122, tong.stanley@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.
Table of Contents
I. The State's Submittal
A. What negative declarations did the State submit?
B. Are there other versions of these negative declarations?
C. What is the purpose of the submitted negative declarations?
II. EPA's Evaluation and Action
A. How is EPA evaluating the negative declarations?
B. Do the negative declarations meet the evaluation criteria?
C. EPA's Recommendations
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What negative declarations did the State submit?
On February 13, 2014 PCAPCD adopted 16 negative declarations and
stated that it did not have sources subject to the Control Techniques
Guidelines (CTG) documents listed in Table 1. On April 14, 2014, the
California Air Resources Board (CARB) submitted these negative
declarations to EPA as a SIP revision.
Table 1--Submitted Negative Declarations
------------------------------------------------------------------------
Negative declaration--CTG reference
CTG source category document
------------------------------------------------------------------------
Aerospace......................... EPA-453/R-97-004--Control of VOC
Emissions from Coating Operations
at Aerospace Manufacturing and
Rework Operations.
Automobile and Light-duty Truck EPA-450/2-77-008--Control of
Assembly Coatings. Volatile Organic Emissions from
Existing Stationary Sources--Volume
II: Surface Coating of Cans, Coils,
Paper, Fabrics, Automobiles, and
Light-Duty Trucks.
EPA 450/R-08-006--Control Techniques
Guidelines for Automobile and Light-
duty Truck Assembly Coatings.
Dry Cleaning (Petroleum).......... EPA-450/3-82-009--Control of
Volatile Organic Compound Emissions
from Large Petroleum Dry Cleaners.
Fiberglass Boat Manufacturing..... EPA 453/R-08-004--Control Techniques
Guidelines for Fiberglass Boat
Manufacturing Materials.
Flexible Package Printing......... EPA-453/R-06-003--Control Techniques
Guidelines for Flexible Package
Printing.
Large Appliances Surface Coatings. EPA-450/2-77-034--Control of
Volatile Organic Emissions from
Existing Stationary Sources, Volume
V: Surface Coating of Large
Appliances.
EPA 453/R-07-004--Control Techniques
Guidelines for Large Appliance
Coatings.
Magnetic Wire..................... EPA-450/2-77-033--Control of
Volatile Organic Emissions from
Existing Stationary Sources, Volume
IV: Surface Coating of Insulation
of Magnetic Wire.
Metal Furniture Coatings.......... EPA-450/2-77-032--Control of
Volatile Organic Emissions from
Existing Stationary Sources, Volume
III: Surface Coating of Metal
Furniture.
EPA 453/R-07-005--Control Techniques
Guidelines for Metal Furniture
Coatings.
Natural Gas/Gasoline.............. EPA-450/2-83-007--Control of VOC
Equipment Leaks from Natural Gas/
Gasoline Processing Plants.
Paper and Fabric.................. 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.
Paper, Film, and Foil Coatings.... EPA 453/R-07-003--Control Techniques
Guidelines for Paper, Film, and
Foil Coatings.
Pharmaceutical Products........... EPA-450/2-78-029--Control of
Volatile Organic Emissions from
Manufacture of Synthesized
Pharmaceutical Products.
Refineries........................ EPA-450/2-77-025--Control of
Refinery Vacuum Producing Systems,
Wastewater Separators, and Process
Unit Turnarounds.
EPA-450/2-78-036--Control of VOC
Leaks from Petroleum Refinery
Equipment.
Rubber Tires...................... EPA-450/2-78-030--Control of
Volatile Organic Emissions from
Manufacture of Pneumatic Rubber
Tires.
Ships/Marine Coating.............. EPA-453/R-94-032 Alternative Control
Technology Document--Surface
Coating Operations at Shipbuilding
and Ship Repair Facilities and
Ships 61 FR 44050 Shipbuilding and
Ship Repair Operations (Surface
Coating).
Synthetic Organic Chemical........ EPA-450/3-84-015--Control of VOC
Emissions from Air Oxidation
Processes in Synthetic Organic
Chemical Manufacturing Industry.
EPA-450/4-91-031--Control of VOC
Emissions from Reactor Processes
and Distillation Operations in
SOCMI.
------------------------------------------------------------------------
On June 24, 2014, EPA determined that the PCAPCD negative
declarations submitted on April 14, 2014, met the completeness criteria
in 40 CFR Part 51 Appendix V, which must be met before formal EPA
review.
B. Are there other versions of these negative declarations?
[[Page 48997]]
There are no previous versions of PCAPCD's 2014 negative
declarations in the SIP.\1\
---------------------------------------------------------------------------
\1\ PCAPCD adopted other negative declarations in the past. On
October 7, 1997, PCAPCD adopted negative declarations to comply with
the 1990 Clean Air Act Amendments. We approved these into the SIP on
September 23, 1998 (63 FR 50766). On December 14, 2006, PCAPCD
adopted additional negative declarations to comply with the 1997 8-
hour ozone National Ambient Air Quality Standards and CARB submitted
them to us on July 11, 2007. While we have not acted on this earlier
submittal, we have reviewed materials provided with it.
---------------------------------------------------------------------------
C. What is the purpose of the submitted negative declarations?
The negative declarations were submitted to meet the requirements
of CAA section 182(b)(2). Ozone nonattainment areas classified at
moderate and above are required to adopt VOC regulations for the
published CTG categories and for major non-CTG sources of VOC or
NOX. If an ozone nonattainment area does not have stationary
sources covered by an EPA published CTG, then the area is required to
submit a negative declaration. The negative declarations were submitted
because there are no stationary sources exceeding the CTG's
applicability threshold within the PCAPCD jurisdiction. EPA's technical
support document (TSD) has more information about these negative
declarations.
II. EPA's Evaluation and Action
A. How is EPA evaluating the negative declarations?
The negative declarations are submitted as SIP revisions and must
be consistent with CAA requirements for Reasonably Available Control
Technology (RACT) (see section 182(b)(2)) and SIP relaxation (see
sections 110(l) and 193.) To do so, the submittal should provide
reasonable assurance that no sources subject to the CTG requirements
currently exist or are planned for the PCAPCD.
B. Do the negative declarations meet the evaluation criteria?
We believe these negative declarations are consistent with the
relevant policy and guidance regarding RACT and SIP relaxations. The
TSD has more information on our evaluation.
C. EPA's Recommendations
We note that in 2006, PCAPCD adopted a negative declaration for the
Polyester Resin category, but that this category did not appear in the
current submittal. The District should submit a negative declaration
for the following CTGs if there are no sources in the District subject
to the CTGs. EPA-450/3-83-008--Control of VOC Emissions from
Manufacture of High-Density Polyethylene, Polypropylene, and
Polystyrene Resins; and
EPA-450/3-83-006--Control of VOC Fugitive Emissions from Synthetic
Organic Chemical Polymer and Resin Manufacturing Equipment.
D. Public Comment and Final Action
As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted negative declarations as additional information
to the SIP because we believe they fulfill all relevant requirements.
We do not think anyone will object to this approval, so we are
finalizing it without proposing it in advance. However, in the Proposed
Rules section of this Federal Register, we are simultaneously proposing
approval of these negative declarations. If we receive adverse comments
by September 18, 2014, we will publish a timely withdrawal in the
Federal Register to notify the public that the direct final approval
will not take effect and we will address the comments in a subsequent
final action based on the proposal. If we do not receive timely adverse
comments, the direct final approval will be effective without further
notice on October 20, 2014.
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, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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 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, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the
[[Page 48998]]
appropriate circuit by October 20, 2014. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the Proposed Rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: July 21, 2014.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.222, is amended by adding paragraph (a)(4)(ii)and (iii)
to read as follows:
Sec. 52.222 Negative declarations.
* * * * *
(a) * * *
(4) * * *
(ii)
------------------------------------------------------------------------
Negative declaration--CTG reference
CTG source category document
------------------------------------------------------------------------
Aerospace......................... EPA-453/R-97-004--Control of VOC
Emissions from Coating Operations
at Aerospace Manufacturing and
Rework Operations.
Automobile and Light-duty Truck EPA-450/2-77-008--Control of
Assembly Coatings. Volatile Organic Emissions from
Existing Stationary Sources--Volume
II: Surface Coating of Cans, Coils,
Paper, Fabrics, Automobiles, and
Light-Duty Trucks.
EPA 450/R-08-006--Control Techniques
Guidelines for Automobile and Light-
duty Truck Assembly Coatings.
Dry Cleaning (Petroleum).......... EPA-450/3-82-009--Control of
Volatile Organic Compound Emissions
from Large Petroleum Dry Cleaners.
Fiberglass Boat Manufacturing..... EPA 453/R-08-004--Control Techniques
Guidelines for Fiberglass Boat
Manufacturing Materials.
Flexible Package Printing......... EPA-453/R-06-003--Control Techniques
Guidelines for Flexible Package
Printing.
Large Appliances Surface Coatings. EPA-450/2-77-034--Control of
Volatile Organic Emissions from
Existing Stationary Sources, Volume
V: Surface Coating of Large
Appliances.
EPA 453/R-07-004--Control Techniques
Guidelines for Large Appliance
Coatings.
Magnetic Wire..................... EPA-450/2-77-033--Control of
Volatile Organic Emissions from
Existing Stationary Sources, Volume
IV: Surface Coating of Insulation
of Magnetic Wire.
Metal Furniture Coatings.......... EPA-450/2-77-032--Control of
Volatile Organic Emissions from
Existing Stationary Sources, Volume
III: Surface Coating of Metal
Furniture.
EPA 453/R-07-005--Control Techniques
Guidelines for Metal Furniture
Coatings.
Natural Gas/Gasoline.............. EPA-450/2-83-007--Control of VOC
Equipment Leaks from Natural Gas/
Gasoline Processing Plants.
Paper and Fabric.................. 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 .
Paper, Film, and Foil Coatings.... EPA 453/R-07-003--Control Techniques
Guidelines for Paper, Film, and
Foil Coatings.
Pharmaceutical Products........... EPA-450/2-78-029--Control of
Volatile Organic Emissions from
Manufacture of Synthesized
Pharmaceutical Products.
Refineries........................ EPA-450/2-77-025--Control of
Refinery Vacuum Producing Systems,
Wastewater Separators, and Process
Unit Turnarounds.
EPA-450/2-78-036--Control of VOC
Leaks from Petroleum Refinery
Equipment.
Rubber Tires...................... EPA-450/2-78-030--Control of
Volatile Organic Emissions from
Manufacture of Pneumatic Rubber
Tires.
Ships/Marine Coating.............. EPA-453/R-94-032 Alternative Control
Technology Document--Surface
Coating Operations at Shipbuilding
and Ship Repair Facilities and
Ships 61 FR 44050 Shipbuilding and
Ship Repair Operations (Surface
Coating).
Synthetic Organic Chemical........ EPA-450/3-84-015--Control of VOC
Emissions from Air Oxidation
Processes in Synthetic Organic
Chemical Manufacturing Industry.
EPA-450/4-91-031--Control of VOC
Emissions from Reactor Processes
and Distillation Operations in
SOCMI.
------------------------------------------------------------------------
(iii) Submitted on April 14, 2014 and adopted on February 13, 2014.
* * * * *
[FR Doc. 2014-19425 Filed 8-18-14; 8:45 am]
BILLING CODE 6560-50-P
