Revisions to the California State Implementation Plan, Northern Sierra Air Quality Management District, 19544-19548 [2015-08421]

Download as PDF 19544 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations circuit by June 12, 2015. 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 this 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 action. This action pertaining to Virginia’s PSD program may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS List of Subjects in 40 CFR Part 52 ■ 1. The authority citation for part 52 continues to read as follows: Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Subpart VV—Virginia 2. In § 52.2420, the table in paragraph (c) is amended by revising the entry for Section 5–80–1615 to read as follows: ■ § 52.2420 Dated: March 25, 2015. William C. Early, Acting Regional Administrator, Region III. * Identification of plan. * * (c) * * * * * 40 CFR part 52 is amended as follows: EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES State citation Title/Subject * * * State effective date * Explanation [former SIP citation] EPA Approval date * * * 9 VAC 5, Chapter 80 Permits for Stationary Sources [Part VIII] * * * * * * * Article 8 Permits—Major Stationary Sources and Major Modifications Located in Prevention of Significant Deterioration Areas * * * 5–80–1615 .............................. Definitions .............................. * * * * * * * * [FR Doc. 2015–08417 Filed 4–10–15; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2014–0832; FRL–9925–33– Region 9] Revisions to the California State Implementation Plan, Northern Sierra Air Quality Management District 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 a revision to the Northern Sierra Air Quality Management District (NSAQMD or the District) portion of the California State Implementation Plan (SIP). The SUMMARY: VerDate Sep<11>2014 15:35 Apr 10, 2015 * 5/22/13 Jkt 235001 * * 4/13/15 [Insert Federal Register Citation]. * submitted SIP revision contains the District’s demonstration regarding Reasonably Available Control Technology (RACT) requirements for the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS). The submitted SIP revision also contains negative declarations for volatile organic compound (VOC) source categories for the NSAQMD. We are approving the submitted SIP revision under the Clean Air Act as amended in 1990 (CAA or the Act). This rule is effective on June 12, 2015 without further notice, unless EPA receives adverse comments by May 13, 2015. 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. DATES: Submit comments, identified by docket number EPA–R09– OAR–2014–0832, by one of the following methods: ADDRESSES: PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 * * * Revised. Limited approval remains in effect. * 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 E:\FR\FM\13APR1.SGM 13APR1 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations be automatically captured and included as part of the public comment. If EPA cannot read your comment due to technical difficulties and cannot contact 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. 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: James Shears, EPA Region IX, (213) 244–1810, shears.james@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to EPA. Table of Contents I. The State’s Submittal. A. What document did the State submit? B. Are there other versions of document? 19545 C. What is the purpose of the RACT SIP submission? II. EPA’s Evaluation and Action. A. How is EPA evaluating the RACT SIP submission? B. Does the RACT SIP submission meet the evaluation criteria? C. EPA’s recommendations to strengthen the RACT SIP. D. Public comment and final 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 action with the date that it was adopted by the local air agency and submitted to EPA by the California Air Resources Board (CARB). TABLE 1—SUBMITTED DOCUMENT Local Agency Document NSAQMD .................. 2007 Reasonably Available Control Technology (RACT) State Implementation Plan (SIP) for Western Nevada County 8-Hour Ozone Non-Attainment Area (‘‘2007 RACT SIP’’). Adopted The 2007 RACT SIP became complete by operation of law on August 7, 2008 pursuant to CAA 110(k)(1)(B). II. EPA’s Evaluation and Action B. Are there other versions of this document? NSAQMD regulates a nonattainment area classified as subpart 2 moderate for the 1997 8-hour ozone NAAQS (see 40 CFR 81.305). CAA Section 182(b)(2) and (f), as well as 40 CFR 51.912(a)(1) require that SIPs for ozone nonattainment areas classified as moderate or above require implementation of RACT for any source covered by a CTG document and any other major stationary source of VOCs or NOX. Any stationary source that emits or has a potential to emit at least 100 tons per year (tpy) of VOCs or NOX in a moderate ozone nonattainment area is considered a major stationary source (see CAA sections 182(b(2)) and (f) and 302(j)). Where there are no existing sources covered by a particular CTG document or no other major stationary sources of VOCs or NOX, states may, in lieu of adopting RACT requirements, adopt negative declarations certifying that there are no such sources in the relevant nonattainment area (see Memorandum from William T. Harnett to Regional Air Division Directors, (May 18, 2006), ‘‘RACT Qs & As—Reasonably Available Control Technology (RACT) Questions and Answers’’ page 7). SIP rules must be enforceable (see CAA section 110(a)(2)), must not interfere with applicable requirements concerning attainment and reasonable further progress or other CAA There is no previous submitted version of NSAQMD’s 2007 RACT SIP. wreier-aviles on DSK5TPTVN1PROD with RULES C. What is the purpose of the RACT SIP submission? Volatile organic compounds (VOCs) and nitrogen oxides (NOX) help produce ground-level ozone and smog, which harm human health and the environment. Section 110(a) of the CAA requires States to submit enforceable 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 require implementation of RACT for any source covered by a CTG document and any other major stationary source of VOCs or NOX. The NSAQMD is subject to this requirement because it regulates western Nevada County, which is designated and classified as a subpart 2 moderate ozone nonattainment area for the 1997 8-hour ozone NAAQS (see 40 CFR 81.305). Therefore, NSAQMD must, at a minimum, adopt RACT-level controls for all sources covered by a CTG document and for all major nonCTG stationary sources of VOCs or NOX in western Nevada County. VerDate Sep<11>2014 15:35 Apr 10, 2015 Jkt 235001 A. How is EPA evaluating the RACT SIP submission? PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 6/25/07 Submitted 2/7/08 requirements (see CAA section 110(l)), and must not modify certain SIP control requirements in nonattainment areas without ensuring equivalent or greater emissions reductions (see CAA section 193). Guidance and policy documents that we use to evaluate CAA section 182 RACT SIPs include the following: 1. ‘‘Final Rule to Implement the 8-Hour Ozone National Ambient Air Quality Standard—Phase 2’’ (70 FR 71612; November 29, 2005). 2. ‘‘Air Quality Designations and Classifications for the 8-Hour Ozone National Ambient Air Quality Standards; Early Action Compact Areas With Deferred Dates’’—Final Rule (69 FR 23858; April 30, 2004). 3. ‘‘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). 4. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations: Clarification to Appendix D of November 24, 1987 Federal Register, May 25, 1988, Revised January 11, 1990, U.S. EPA, Air Quality Management Division, Office of Air Quality Planning and Standards (‘‘The Blue Book’’). 5. Guidance Document for Correcting Common VOC and Other Rule Deficiencies, August 21, 2001, U.S. EPA Region IX (the ‘‘Little Bluebook’’). 6. ‘‘State Implementation Plans; Nitrogen Oxides Supplement to the General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990’’ (57 FR 55620, November 25, 1992) (‘‘the NOX Supplement’’). E:\FR\FM\13APR1.SGM 13APR1 19546 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations 7. Memorandum from William T. Harnett to Regional Air Division Directors, (May 18, 2006), ‘‘RACT Qs & As—Reasonably Available Control Technology (RACT) Questions and Answers.’’ 8. RACT SIPs, Letter dated March 9, 2006 from EPA Region IX (Andrew Steckel) to CARB (Kurt Karperos) describing Region IX’s understanding of what constitutes a minimally acceptable RACT SIP. 9. ‘‘Final Rule to Implement the 1997 8-Hour Ozone National Ambient Air Quality Standard: Classification of Areas That Were Initially Classified Under Subpart 1; Revision of the Anti-Backsliding Provisions To Address 1-Hour Contingency Measure Requirements; Deletion of Obsolete 1-Hour Standard Provision’’—Final Rule (77 FR 28424; May 14, 2012). 10. ‘‘Model Volatile Organic Compound Rules for Reasonably Available Control Technology’’, EPA (June 1992). 11. Beyond VOC RACT Requirements’’, EPA (April 1995). 12. EPA’s CTGs https://www.epa.gov/glo/ SIPToolkit/ctgs.html. 13. CARB’s emissions inventory database https://www.arb.ca.gov/app/emsinv/ facinfo/facinfo.php 14. NSAQMD, CARB and EPA Region IX databases of NSAQMD rules—NSAQMD: https://myairdistrict.com/ index.php?Itemid=71, CARB: https:// www.arb.ca.gov/ridb.htm, EPA: https:// epa.gov/region09/air/sips/. B. Does the RACT SIP submission meet the evaluation criteria? The 2007 RACT SIP includes three elements, as described further below: 1. Evaluations of VOC and NOX rules for sources subject to a CTG. 2. Negative declarations where there are no facilities subject to a CTG. 3. Negative declaration for major non-CTG sources of VOC or NOX. NSAQMD provided its 2007 RACT SIP for public comment prior to the public hearing for adoption. No written comments were received by the District. NSAQMD also supplemented 2007 RACT with various other submittals as described below. 1. Evaluations of VOC and NOX Rules for Sources Subject to a CTG NSAQMD’s 2007 RACT SIP referenced various VOC rules that apply to western Nevada County. Subsequent to its adoption of the 2007 RACT SIP on June 25, 2007, NSAQMD amended a number of these rules and submitted them to EPA for approval into the SIP. These submittals effectively supersede the 2007 RACT SIP with respect to Rules 213, 214, 215 and 228. The following rules were subsequently approved by EPA into the SIP: Rule 214 (78 FR 897, January 7, 2013), Rule 215 (76 FR 44493, July 26, 2011), Rule 227 (74 FR 56120, October 30, 2009), and Rule 228 (77 FR 47536, August 9, 2011). Rule 213 was rescinded by NSAQMD (April 25, 2011), and was incorporated into the SIP-approved Rule 214. In our recent approvals of these rules, we found that the rules fulfilled RACT requirements. We are not aware of information suggesting that additional controls are needed to fulfill RACT since our approval of these rules. Therefore, we concur that NSAQMD implements has adopted RACT-level rules requirements for vapor recovery systems. 2. Negative Declarations Where There Are No Facilities Subject to a CTG Table 2 of NSAQMD’s 2007 RACT SIP lists not only CTGs, but also other documents relevant to establishing RACT at major sources. Negative declarations are only required for CTG source categories for which the District has no sources covered by the CTG. A negative declaration is not required for non-CTG source categories. Table 2 below lists the CTG source categories that remain after we excluded non-CTG documents from NSAQMD’s 2007 RACT SIP Table 2. The District indicated it does not anticipate sources in these categories in the future. We searched CARB’s emissions inventory database to verify there are no facilities in NSAQMD that might be subject to the CTGs listed below. We concur with the District’s negative declarations. On August 14, 2008 and May 17, 2011, CARB submitted NSAQMD’s negative declarations for 10 CTGs issued or updated by EPA between 2006 and 2008. EPA approved these declarations on April 18, 2012 (77 FR 23130). TABLE 2—NSAQMD NEGATIVE DECLARATIONS CTG Source category CTG Reference document Aerospace .......................................................................... Automobile and Light-duty Trucks, Surface Coating of ..... EPA–453/R–97–004, Aerospace CTG and MACT. 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–450/2–77–008, Control of Volatile Organic Emissions from Existing Stationary Sources—Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks. EPA–450/2–78–032, Control of Volatile Organic Emissions from Existing Stationary Sources—Volume VII: Factory Surface Coating of Flat Wood Paneling. EPA–450/2–77–026, Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals. EPA–450/2–78–033, Control of Volatile Organic Emissions from Existing Stationary Sources, Volume III: Graphic Arts—Rotogravure and Flexography. EPA–450/2–77–034, Control of Volatile Organic Emissions from Existing Stationary Sources—Volume V: Surface Coating of Large Appliances. EPA–450/3–82–009, Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners. EPA–450/2–77–033, Control of Volatile Organic Emissions from Existing Stationary Sources—Volume IV: Surface Coating of Insulation of Magnet Wire. EPA–450/2–77–032, Control of Volatile Organic Emissions from Existing Stationary Sources—Volume III: Surface Coating of Metal Furniture. EPA–450–83–007, Control of Volatile Organic Compound Equipment Leaks from Natural Gas/Gasoline Processing Plants. EPA–450/2–78–047, Control of Volatile Organic Compound Emissions from Petroleum Liquid Storage in External Floating Roof Tanks. EPA–450/2–77–025, Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds. EPA–450/2–78–036, Control of Volatile Organic Compound Leaks from Petroleum Refinery Equipment. Cans and Coils, Surface Coating of .................................. Flat Wood Paneling, Surface Coating of ........................... Gasoline Loading Terminals .............................................. Graphic Arts—Rotogravure and Flexography .................... Large Appliances, Surface Coating of ............................... Large Petroleum Dry Cleaners .......................................... Magnet Wire, Surface Coating for Insulation of ................ wreier-aviles on DSK5TPTVN1PROD with RULES Metal Furniture Coatings .................................................... Natural Gas/Gasoline Processing Plants Equipment Leaks. Petroleum Liquid Storage in External Floating Roof Tanks. Petroleum Refineries .......................................................... VerDate Sep<11>2014 15:35 Apr 10, 2015 Jkt 235001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\13APR1.SGM 13APR1 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations 19547 TABLE 2—NSAQMD NEGATIVE DECLARATIONS—Continued CTG Source category CTG Reference document Pharmaceutical Products ................................................... EPA–450/2–78–029, Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products. EPA–450/2–78–030, Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires. EPA–450/3–83–008, Control of Volatile Organic Compound Emissions from Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins. EPA–450/3–83–006, Control of Volatile Organic Compound Leaks from Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment. EPA–450/3–94–032, Shipbuilding/Repair. EPA–450/2–77–022, Control of Volatile Organic Emissions from Solvent Metal Cleaning. EPA–450/3–84–015, Control of Volatile Organic Compound Emissions from Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry. EPA–450/4–91–031, Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations in Synthetic Organic Chemical Manufacturing Industry. EPA–453/R–96–007, Wood Furniture. Pneumatic Rubber Tires, Manufacture of .......................... Polyester Resin .................................................................. Shipbuilding/Repair ............................................................ Solvent Metal Cleaning ...................................................... Synthetic Organic Chemical Manufacturing ....................... Wood Furniture .................................................................. 3. Negative Declaration for Major NonCTG Sources of VOC or NOX The 2007 RACT SIP included a negative declaration for major non-CTG sources of VOC and NOX. EPA agrees that there are no major non-CTG sources of NOX or VOCs in the western Nevada County nonattainment area. 4. Conclusion We find that NSAQMD’s 2007 RACT SIP submission, including the negative declarations and the rule revisions that were SIP-approved after 2007, adequately demonstrate that NSAQMD’s rules satisfy RACT for the 1997 8-hour ozone NAAQS. Our TSD has more information on our evaluation. wreier-aviles on DSK5TPTVN1PROD with RULES C. EPA Recommendations To Strengthen the RACT SIP Our TSD describes additional revisions that we recommend for the next time NSAQMD modifies the rules. D. Public Comment and Final Action As authorized in section 110(k)(3) of the Act, EPA is fully approving the submitted SIP revision because we believe it fulfills 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 the same SIP revision. If we receive adverse comments by May 13, 2015, 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 VerDate Sep<11>2014 15:35 Apr 10, 2015 Jkt 235001 June 12, 2015. This will incorporate these rules into the federally enforceable SIP. Please note that if EPA receives adverse comment on a specific provision of this SIP revision and if that provision may be severed from the remainder of the SIP revision, EPA may adopt as final those provisions of the SIP revision that are not the subject of an adverse comment. 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 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 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 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, as appropriate, disproportionate human health or environmental effects using practical 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 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). The Congressional Review Act, 5 U.S.C. Section 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 E:\FR\FM\13APR1.SGM 13APR1 19548 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations 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 appropriate circuit by June 12, 2015. 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 this 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: February 12, 2015. Alexis Strauss, Acting Regional Administrator, Region IX. Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52 [AMENDED] 1. The authority citation for part 52 continues to read as follows: ■ wreier-aviles on DSK5TPTVN1PROD with RULES Authority: 42 U.S.C. 7401 et seq. Subpart F—California 2. Section 52.220 is amended by adding paragraph (c)(456) to read as follows: ■ § 52.220 * * Identification of plan. * VerDate Sep<11>2014 * * 15:35 Apr 10, 2015 Jkt 235001 (c) * * * (456) New and amended regulations for the following APCDs were submitted on February 7, 2008 by the Governor’s designee. (i) [Reserved] (ii) Additional Material. (A) Northern Sierra Air Quality Management District. (1) Reasonably Available Control Technology (RACT) State Implementation Plan (SIP) Revision for Western Nevada County 8-Hour Ozone Non-Attainment Area as adopted on June 25, 2007. ■ 3. Section 52.222 is amended by adding paragraph (a)(9)(iii) to read as follows: § 52.222 Negative declarations. (a) * * * (9) * * * (iii) EPA–453/R–97–004 Aerospace CTG and MACT; 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–450/2–78–032, Control of Volatile Organic Emissions from Existing Stationary Sources— Volume VII: Factory Surface Coating of Flat Wood Paneling; EPA–450/2–77– 026, Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals; EPA–450/2–78–033, Control of Volatile Organic Emissions from Existing Stationary Sources—Volume III: Graphic Arts—Rotogravure and Flexography; EPA–450/2–77–034 Control of Volatile Organic Emissions from Existing Stationary Sources— Volume V: Surface Coating of Large Appliances; EPA–450/3–82–009, Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners; EPA–450/2–77–033 Control of Volatile Organic Emissions from Existing Stationary Sources—Volume IV: Surface Coating of Insulation of Magnet Wire; EPA–450/2–77–032 Control of Volatile Organic Emissions from Existing Stationary Sources— Volume III: Surface Coating of Metal Furniture; EPA–450–83–007, Control of Volatile Organic Compound Equipment Leaks from Natural Gas/Gasoline Processing Plants; EPA–450/2–78–047, Control of Volatile Organic Compound Emissions from Petroleum Liquid Storage in External Floating Roof Tanks; EPA–450/2–77–025 Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds; EPA–450/2–78–036 Control of Volatile Organic Compound Leaks from Petroleum Refinery Equipment; EPA–450/2–78–029 Control of Volatile Organic Emissions from PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 Manufacture of Synthesized Pharmaceutical Products; EPA–450/2– 78–030 Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires; EPA–450/3– 83–008 Control of Volatile Organic Compound Emissions from Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins; EPA–450/3–83–006 Control of Volatile Organic Compound Leaks from Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment; EPA–450/3–94–032, Shipbuilding/ Repair; EPA–450/2–77–022, Control of Volatile Organic Emissions from Solvent Metal Cleaning; EPA–450/3–84–015 Control of Volatile Organic Compound Emissions from Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry; EPA–450/4– 91–031 Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations in Synthetic Organic Chemical Manufacturing Industry; EPA–453/R– 96–007, Wood Furniture. * * * * * [FR Doc. 2015–08421 Filed 4–10–15; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA–R03–OAR–2014–0789; FRL–9925–94– Region 3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation of the Allentown Nonattainment Area to Attainment for the 2006 24-Hour Fine Particulate Matter Standard Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving the Commonwealth of Pennsylvania’s request to redesignate to attainment the Allentown Nonattainment Area (Allentown Area or Area) for the 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standard (NAAQS or standard). EPA has determined that the Allentown Area attained the 2006 24-hour PM2.5 NAAQS and that it continues to attain the standard. In addition, EPA is approving, as a revision to the Pennsylvania State Implementation Plan (SIP), the Allentown Area maintenance plan to show maintenance of the 2006 24-hour PM2.5 NAAQS through 2025 for the Area. The maintenance plan includes SUMMARY: E:\FR\FM\13APR1.SGM 13APR1

Agencies

[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Rules and Regulations]
[Pages 19544-19548]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08421]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0832; FRL-9925-33-Region 9]


Revisions to the California State Implementation Plan, Northern 
Sierra Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the Northern Sierra Air Quality 
Management District (NSAQMD or the District) portion of the California 
State Implementation Plan (SIP). The submitted SIP revision contains 
the District's demonstration regarding Reasonably Available Control 
Technology (RACT) requirements for the 1997 8-hour ozone National 
Ambient Air Quality Standards (NAAQS). The submitted SIP revision also 
contains negative declarations for volatile organic compound (VOC) 
source categories for the NSAQMD. We are approving the submitted SIP 
revision under the Clean Air Act as amended in 1990 (CAA or the Act).

DATES: This rule is effective on June 12, 2015 without further notice, 
unless EPA receives adverse comments by May 13, 2015. 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-
2014-0832, 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

[[Page 19545]]

be automatically captured and included as part of the public comment. 
If EPA cannot read your comment due to technical difficulties and 
cannot contact 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. 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: James Shears, EPA Region IX, (213) 
244-1810, shears.james@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. The State's Submittal.
    A. What document did the State submit?
    B. Are there other versions of document?
    C. What is the purpose of the RACT SIP submission?
II. EPA's Evaluation and Action.
    A. How is EPA evaluating the RACT SIP submission?
    B. Does the RACT SIP submission meet the evaluation criteria?
    C. EPA's recommendations to strengthen the RACT SIP.
    D. Public comment and final 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 action with the date 
that it was adopted by the local air agency and submitted to EPA by the 
California Air Resources Board (CARB).

                                           Table 1--Submitted Document
----------------------------------------------------------------------------------------------------------------
               Local  Agency                               Document                   Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
NSAQMD.....................................  2007 Reasonably Available Control           6/25/07          2/7/08
                                              Technology (RACT) State
                                              Implementation Plan (SIP) for
                                              Western Nevada County 8-Hour Ozone
                                              Non-Attainment Area (``2007 RACT
                                              SIP'').
----------------------------------------------------------------------------------------------------------------

    The 2007 RACT SIP became complete by operation of law on August 7, 
2008 pursuant to CAA 110(k)(1)(B).

B. Are there other versions of this document?

    There is no previous submitted version of NSAQMD's 2007 RACT SIP.

C. What is the purpose of the RACT SIP submission?

    Volatile organic compounds (VOCs) and nitrogen oxides 
(NOX) help produce ground-level ozone and smog, which harm 
human health and the environment. Section 110(a) of the CAA requires 
States to submit enforceable 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 require 
implementation of RACT for any source covered by a CTG document and any 
other major stationary source of VOCs or NOX. The NSAQMD is 
subject to this requirement because it regulates western Nevada County, 
which is designated and classified as a subpart 2 moderate ozone 
nonattainment area for the 1997 8-hour ozone NAAQS (see 40 CFR 81.305). 
Therefore, NSAQMD must, at a minimum, adopt RACT-level controls for all 
sources covered by a CTG document and for all major non-CTG stationary 
sources of VOCs or NOX in western Nevada County.

II. EPA's Evaluation and Action

A. How is EPA evaluating the RACT SIP submission?

    NSAQMD regulates a nonattainment area classified as subpart 2 
moderate for the 1997 8-hour ozone NAAQS (see 40 CFR 81.305). CAA 
Section 182(b)(2) and (f), as well as 40 CFR 51.912(a)(1) require that 
SIPs for ozone nonattainment areas classified as moderate or above 
require implementation of RACT for any source covered by a CTG document 
and any other major stationary source of VOCs or NOX. Any 
stationary source that emits or has a potential to emit at least 100 
tons per year (tpy) of VOCs or NOX in a moderate ozone 
nonattainment area is considered a major stationary source (see CAA 
sections 182(b(2)) and (f) and 302(j)). Where there are no existing 
sources covered by a particular CTG document or no other major 
stationary sources of VOCs or NOX, states may, in lieu of 
adopting RACT requirements, adopt negative declarations certifying that 
there are no such sources in the relevant nonattainment area (see 
Memorandum from William T. Harnett to Regional Air Division Directors, 
(May 18, 2006), ``RACT Qs & As--Reasonably Available Control Technology 
(RACT) Questions and Answers'' page 7).
    SIP rules must be enforceable (see CAA section 110(a)(2)), must not 
interfere with applicable requirements concerning attainment and 
reasonable further progress or other CAA requirements (see CAA section 
110(l)), and must not modify certain SIP control requirements in 
nonattainment areas without ensuring equivalent or greater emissions 
reductions (see CAA section 193).
    Guidance and policy documents that we use to evaluate CAA section 
182 RACT SIPs include the following:

1. ``Final Rule to Implement the 8-Hour Ozone National Ambient Air 
Quality Standard--Phase 2'' (70 FR 71612; November 29, 2005).
2. ``Air Quality Designations and Classifications for the 8-Hour 
Ozone National Ambient Air Quality Standards; Early Action Compact 
Areas With Deferred Dates''--Final Rule (69 FR 23858; April 30, 
2004).
3. ``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).
4. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations: Clarification to Appendix D of November 24, 1987 Federal 
Register, May 25, 1988, Revised January 11, 1990, U.S. EPA, Air 
Quality Management Division, Office of Air Quality Planning and 
Standards (``The Blue Book'').
5. Guidance Document for Correcting Common VOC and Other Rule 
Deficiencies, August 21, 2001, U.S. EPA Region IX (the ``Little 
Bluebook'').
6. ``State Implementation Plans; Nitrogen Oxides Supplement to the 
General Preamble for the Implementation of Title I of the Clean Air 
Act Amendments of 1990'' (57 FR 55620, November 25, 1992) (``the 
NOX Supplement'').

[[Page 19546]]

7. Memorandum from William T. Harnett to Regional Air Division 
Directors, (May 18, 2006), ``RACT Qs & As--Reasonably Available 
Control Technology (RACT) Questions and Answers.''
8. RACT SIPs, Letter dated March 9, 2006 from EPA Region IX (Andrew 
Steckel) to CARB (Kurt Karperos) describing Region IX's 
understanding of what constitutes a minimally acceptable RACT SIP.
9. ``Final Rule to Implement the 1997 8-Hour Ozone National Ambient 
Air Quality Standard: Classification of Areas That Were Initially 
Classified Under Subpart 1; Revision of the Anti-Backsliding 
Provisions To Address 1-Hour Contingency Measure Requirements; 
Deletion of Obsolete 1-Hour Standard Provision''--Final Rule (77 FR 
28424; May 14, 2012).
10. ``Model Volatile Organic Compound Rules for Reasonably Available 
Control Technology'', EPA (June 1992).
11. Beyond VOC RACT Requirements'', EPA (April 1995).
12. EPA's CTGs https://www.epa.gov/glo/SIPToolkit/ctgs.html.
13. CARB's emissions inventory database https://www.arb.ca.gov/app/emsinv/facinfo/facinfo.php
14. NSAQMD, CARB and EPA Region IX databases of NSAQMD rules--
NSAQMD: https://myairdistrict.com/index.php?Itemid=71, CARB: https://www.arb.ca.gov/ridb.htm, EPA: https://epa.gov/region09/air/sips/.

B. Does the RACT SIP submission meet the evaluation criteria?

    The 2007 RACT SIP includes three elements, as described further 
below:

1. Evaluations of VOC and NOX rules for sources subject 
to a CTG.
2. Negative declarations where there are no facilities subject to a 
CTG.
3. Negative declaration for major non-CTG sources of VOC or 
NOX.

    NSAQMD provided its 2007 RACT SIP for public comment prior to the 
public hearing for adoption. No written comments were received by the 
District. NSAQMD also supplemented 2007 RACT with various other 
submittals as described below.
1. Evaluations of VOC and NOX Rules for Sources Subject to a 
CTG
    NSAQMD's 2007 RACT SIP referenced various VOC rules that apply to 
western Nevada County. Subsequent to its adoption of the 2007 RACT SIP 
on June 25, 2007, NSAQMD amended a number of these rules and submitted 
them to EPA for approval into the SIP. These submittals effectively 
supersede the 2007 RACT SIP with respect to Rules 213, 214, 215 and 
228. The following rules were subsequently approved by EPA into the 
SIP: Rule 214 (78 FR 897, January 7, 2013), Rule 215 (76 FR 44493, July 
26, 2011), Rule 227 (74 FR 56120, October 30, 2009), and Rule 228 (77 
FR 47536, August 9, 2011). Rule 213 was rescinded by NSAQMD (April 25, 
2011), and was incorporated into the SIP-approved Rule 214.
    In our recent approvals of these rules, we found that the rules 
fulfilled RACT requirements. We are not aware of information suggesting 
that additional controls are needed to fulfill RACT since our approval 
of these rules. Therefore, we concur that NSAQMD implements has adopted 
RACT-level rules requirements for vapor recovery systems.
2. Negative Declarations Where There Are No Facilities Subject to a CTG
    Table 2 of NSAQMD's 2007 RACT SIP lists not only CTGs, but also 
other documents relevant to establishing RACT at major sources. 
Negative declarations are only required for CTG source categories for 
which the District has no sources covered by the CTG. A negative 
declaration is not required for non-CTG source categories. Table 2 
below lists the CTG source categories that remain after we excluded 
non-CTG documents from NSAQMD's 2007 RACT SIP Table 2. The District 
indicated it does not anticipate sources in these categories in the 
future. We searched CARB's emissions inventory database to verify there 
are no facilities in NSAQMD that might be subject to the CTGs listed 
below. We concur with the District's negative declarations.
    On August 14, 2008 and May 17, 2011, CARB submitted NSAQMD's 
negative declarations for 10 CTGs issued or updated by EPA between 2006 
and 2008. EPA approved these declarations on April 18, 2012 (77 FR 
23130).

                  Table 2--NSAQMD Negative Declarations
------------------------------------------------------------------------
        CTG Source category                CTG Reference document
------------------------------------------------------------------------
Aerospace.........................  EPA-453/R-97-004, Aerospace CTG and
                                     MACT.
Automobile and Light-duty Trucks,   EPA-450/2-77-008, Control of
 Surface Coating of.                 Volatile Organic Emissions from
                                     Existing Stationary Sources--Volume
                                     II: Surface Coating of Cans, Coils,
                                     Paper, Fabrics, Automobiles, and
                                     Light-Duty Trucks.
Cans and Coils, Surface Coating of  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.
Flat Wood Paneling, Surface         EPA-450/2-78-032, Control of
 Coating of.                         Volatile Organic Emissions from
                                     Existing Stationary Sources--Volume
                                     VII: Factory Surface Coating of
                                     Flat Wood Paneling.
Gasoline Loading Terminals........  EPA-450/2-77-026, Control of
                                     Hydrocarbons from Tank Truck
                                     Gasoline Loading Terminals.
Graphic Arts--Rotogravure and       EPA-450/2-78-033, Control of
 Flexography.                        Volatile Organic Emissions from
                                     Existing Stationary Sources, Volume
                                     III: Graphic Arts--Rotogravure and
                                     Flexography.
Large Appliances, Surface Coating   EPA-450/2-77-034, Control of
 of.                                 Volatile Organic Emissions from
                                     Existing Stationary Sources--Volume
                                     V: Surface Coating of Large
                                     Appliances.
Large Petroleum Dry Cleaners......  EPA-450/3-82-009, Control of
                                     Volatile Organic Compound Emissions
                                     from Large Petroleum Dry Cleaners.
Magnet Wire, Surface Coating for    EPA-450/2-77-033, Control of
 Insulation of.                      Volatile Organic Emissions from
                                     Existing Stationary Sources--Volume
                                     IV: Surface Coating of Insulation
                                     of Magnet 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.
Natural Gas/Gasoline Processing     EPA-450-83-007, Control of Volatile
 Plants Equipment Leaks.             Organic Compound Equipment Leaks
                                     from Natural Gas/Gasoline
                                     Processing Plants.
Petroleum Liquid Storage in         EPA-450/2-78-047, Control of
 External Floating Roof Tanks.       Volatile Organic Compound Emissions
                                     from Petroleum Liquid Storage in
                                     External Floating Roof Tanks.
Petroleum 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
                                     Volatile Organic Compound Leaks
                                     from Petroleum Refinery Equipment.

[[Page 19547]]

 
Pharmaceutical Products...........  EPA-450/2-78-029, Control of
                                     Volatile Organic Emissions from
                                     Manufacture of Synthesized
                                     Pharmaceutical Products.
Pneumatic Rubber Tires,             EPA-450/2-78-030, Control of
 Manufacture of.                     Volatile Organic Emissions from
                                     Manufacture of Pneumatic Rubber
                                     Tires.
Polyester Resin...................  EPA-450/3-83-008, Control of
                                     Volatile Organic Compound Emissions
                                     from Manufacture of High-Density
                                     Polyethylene, Polypropylene, and
                                     Polystyrene Resins.
                                    EPA-450/3-83-006, Control of
                                     Volatile Organic Compound Leaks
                                     from Synthetic Organic Chemical
                                     Polymer and Resin Manufacturing
                                     Equipment.
Shipbuilding/Repair...............  EPA-450/3-94-032, Shipbuilding/
                                     Repair.
Solvent Metal Cleaning............  EPA-450/2-77-022, Control of
                                     Volatile Organic Emissions from
                                     Solvent Metal Cleaning.
Synthetic Organic Chemical          EPA-450/3-84-015, Control of
 Manufacturing.                      Volatile Organic Compound Emissions
                                     from Air Oxidation Processes in
                                     Synthetic Organic Chemical
                                     Manufacturing Industry.
                                    EPA-450/4-91-031, Control of
                                     Volatile Organic Compound Emissions
                                     from Reactor Processes and
                                     Distillation Operations in
                                     Synthetic Organic Chemical
                                     Manufacturing Industry.
Wood Furniture....................  EPA-453/R-96-007, Wood Furniture.
------------------------------------------------------------------------

3. Negative Declaration for Major Non-CTG Sources of VOC or 
NOX
    The 2007 RACT SIP included a negative declaration for major non-CTG 
sources of VOC and NOX. EPA agrees that there are no major 
non-CTG sources of NOX or VOCs in the western Nevada County 
nonattainment area.
4. Conclusion
    We find that NSAQMD's 2007 RACT SIP submission, including the 
negative declarations and the rule revisions that were SIP-approved 
after 2007, adequately demonstrate that NSAQMD's rules satisfy RACT for 
the 1997 8-hour ozone NAAQS. Our TSD has more information on our 
evaluation.

C. EPA Recommendations To Strengthen the RACT SIP

    Our TSD describes additional revisions that we recommend for the 
next time NSAQMD modifies the rules.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted SIP revision because we believe it fulfills 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 the same SIP revision. If we 
receive adverse comments by May 13, 2015, 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 June 12, 2015. This will incorporate these 
rules into the federally enforceable SIP.
    Please note that if EPA receives adverse comment on a specific 
provision of this SIP revision and if that provision may be severed 
from the remainder of the SIP revision, EPA may adopt as final those 
provisions of the SIP revision that are not the subject of an adverse 
comment.

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 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 EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects using practical 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 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).
    The Congressional Review Act, 5 U.S.C. Section 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

[[Page 19548]]

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 appropriate circuit by June 12, 2015. 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 this 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: February 12, 2015.
Alexis Strauss,
Acting Regional Administrator, Region IX.
    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52 [AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(456) to read as 
follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (456) New and amended regulations for the following APCDs were 
submitted on February 7, 2008 by the Governor's designee.
    (i) [Reserved]
    (ii) Additional Material.
    (A) Northern Sierra Air Quality Management District.
    (1) Reasonably Available Control Technology (RACT) State 
Implementation Plan (SIP) Revision for Western Nevada County 8-Hour 
Ozone Non-Attainment Area as adopted on June 25, 2007.

0
3. Section 52.222 is amended by adding paragraph (a)(9)(iii) to read as 
follows:


Sec.  52.222  Negative declarations.

    (a) * * *
    (9) * * *
    (iii) EPA-453/R-97-004 Aerospace CTG and MACT; 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-450/2-78-032, Control of 
Volatile Organic Emissions from Existing Stationary Sources--Volume 
VII: Factory Surface Coating of Flat Wood Paneling; EPA-450/2-77-026, 
Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals; 
EPA-450/2-78-033, Control of Volatile Organic Emissions from Existing 
Stationary Sources--Volume III: Graphic Arts--Rotogravure and 
Flexography; EPA-450/2-77-034 Control of Volatile Organic Emissions 
from Existing Stationary Sources--Volume V: Surface Coating of Large 
Appliances; EPA-450/3-82-009, Control of Volatile Organic Compound 
Emissions from Large Petroleum Dry Cleaners; EPA-450/2-77-033 Control 
of Volatile Organic Emissions from Existing Stationary Sources--Volume 
IV: Surface Coating of Insulation of Magnet Wire; EPA-450/2-77-032 
Control of Volatile Organic Emissions from Existing Stationary 
Sources--Volume III: Surface Coating of Metal Furniture; EPA-450-83-
007, Control of Volatile Organic Compound Equipment Leaks from Natural 
Gas/Gasoline Processing Plants; EPA-450/2-78-047, Control of Volatile 
Organic Compound Emissions from Petroleum Liquid Storage in External 
Floating Roof Tanks; EPA-450/2-77-025 Control of Refinery Vacuum 
Producing Systems, Wastewater Separators, and Process Unit Turnarounds; 
EPA-450/2-78-036 Control of Volatile Organic Compound Leaks from 
Petroleum Refinery Equipment; EPA-450/2-78-029 Control of Volatile 
Organic Emissions from Manufacture of Synthesized Pharmaceutical 
Products; EPA-450/2-78-030 Control of Volatile Organic Emissions from 
Manufacture of Pneumatic Rubber Tires; EPA-450/3-83-008 Control of 
Volatile Organic Compound Emissions from Manufacture of High-Density 
Polyethylene, Polypropylene, and Polystyrene Resins; EPA-450/3-83-006 
Control of Volatile Organic Compound Leaks from Synthetic Organic 
Chemical Polymer and Resin Manufacturing Equipment; EPA-450/3-94-032, 
Shipbuilding/Repair; EPA-450/2-77-022, Control of Volatile Organic 
Emissions from Solvent Metal Cleaning; EPA-450/3-84-015 Control of 
Volatile Organic Compound Emissions from Air Oxidation Processes in 
Synthetic Organic Chemical Manufacturing Industry; EPA-450/4-91-031 
Control of Volatile Organic Compound Emissions from Reactor Processes 
and Distillation Operations in Synthetic Organic Chemical Manufacturing 
Industry; EPA-453/R-96-007, Wood Furniture.
* * * * *
[FR Doc. 2015-08421 Filed 4-10-15; 8:45 am]
 BILLING CODE 6560-50-P
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