Revisions to the California State Implementation Plan, Northern Sierra Air Quality Management District, 19544-19548 [2015-08421]
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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.
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Identification of plan.
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(c) * * *
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40 CFR part 52 is amended as follows:
EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES
State citation
Title/Subject
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State effective
date
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Explanation [former SIP citation]
EPA Approval date
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9 VAC 5, Chapter 80 Permits for Stationary Sources [Part VIII]
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Article 8 Permits—Major Stationary Sources and Major Modifications Located in Prevention of Significant Deterioration Areas
*
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5–80–1615 .............................. Definitions ..............................
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[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.
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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:
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4/13/15 [Insert Federal Register Citation].
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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:
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Revised. Limited approval remains in effect.
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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
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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?
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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.
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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.
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A. How is EPA evaluating the RACT SIP
submission?
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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’’).
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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 ................
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Metal Furniture Coatings ....................................................
Natural Gas/Gasoline Processing Plants Equipment
Leaks.
Petroleum Liquid Storage in External Floating Roof
Tanks.
Petroleum Refineries ..........................................................
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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.
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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
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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
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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
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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:
■
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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
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*
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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
