Approval of California Air Plan Revisions, Antelope Valley Air Quality Management District, 46923-46926 [2017-21375]
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Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations
EPA APPROVED ALABAMA REGULATIONS
State citation
State effective
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EPA approval date
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Chapter No. 335–3–14
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Section 335–3–14–.04
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Air Permits Authorizing Construction in
Clean Air Areas [Prevention of Significant
Deterioration Permitting (PSD)).
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[FR Doc. 2017–21605 Filed 10–6–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2016–0524; FRL–9968–
35—Region 9]
Approval of California Air Plan
Revisions, Antelope Valley Air Quality
Management District
The Environmental Protection
Agency (EPA) is taking final action to
approve and conditionally approve
revisions to the Antelope Valley Air
Quality Management District (AVAQMD
or ‘‘District’’) portion of the California
State Implementation Plan (SIP). These
revisions concern the District’s
SUMMARY:
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11/25/2014
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10/10/2017 ........................
[Insert Federal Register
citation].
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demonstration regarding Reasonably
Available Control Technology (RACT)
requirements for the 1997 8-hour ozone
and the 2008 8-hour ozone National
Ambient Air Quality Standards
(NAAQS or ‘‘standards’’) in the
Antelope Valley ozone nonattainment
area. The EPA is also taking final action
to approve AVAQMD negative
declarations into the SIP for the 1997
and the 2008 ozone standards.
We are approving local SIP revisions
under the Clean Air Act (CAA or the
Act).
This rule will be effective on
November 9, 2017.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2016–0524. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On July 28, 2017 (82 FR 35149), the
EPA proposed action on the following
documents submitted into the California
SIP.
AVAQMD
AVAQMD 8-Hour Reasonably Available Control Technology—State Implementation Plan Analysis
(RACT SIP Analysis)—1997 8-hour Ozone NAAQS ‘‘2006 RACT SIP’’.
AVAQMD 8-Hour Reasonably Available Control Technology—State Implementation Plan Analysis
(2015 RACT SIP Analysis)—2008 8-hour Ozone NAAQS ‘‘2015 RACT SIP’’.
AVAQMD Federal Negative Declarations for Twenty Control Techniques Guidelines Source Categories.
AVAQMD Federal Negative Declarations for Seven Control Techniques Guidelines Source Categories.
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AVAQMD
Specifically, the EPA proposed to
conditionally approve AVAQMD’s 2006
and 2015 RACT SIPs with respect to
Rule 462, Organic Liquid Loading; Rule
1110.2, Emissions from Stationary, Nonroad & Portable Internal Combustion
Engines; Rule 1151, Motor Vehicle and
Mobile Equipment Coating Operations;
and Rule 1171, Solvent Cleaning
Operations. Simultaneously, EPA
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Adopted
proposed to fully approve the remainder
of the 2006 and 2015 RACT SIPs, and
to fully approve AVAQMD’s negative
declarations submitted on October 23,
2015 and June 7, 2017. We
simultaneously withdrew our December
15, 2016 proposal to partially approve
and partially disapprove AVAQMD’s
2006 and 2015 RACT SIPs because the
AVAQMD committed to address the
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material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Nancy Levin, EPA Region IX, (415) 972–
3848, levin.nancy@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Document
AVAQMD
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Local
agency
AVAQMD
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Air Permits
DATES:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Explanation
Sfmt 4700
Submitted
09/19/06
01/31/07
07/21/15
10/23/15
07/21/15
10/23/15
12/20/16
06/07/17
identified deficiencies within one year
of the approval of the plan revision.
We proposed to approve these
submittals because we determined that
they complied with the relevant CAA
requirements. Our proposed action
contains more information on the
submittals and our evaluation.
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Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received no comments.
III. EPA Action
No comments were submitted.
Therefore, as authorized in subsections
110(k)(3) and 110(k)(4) of the Act, the
EPA is conditionally approving
AVAQMD’s 2006 and 2015 RACT SIPs
with respect to Rule 462, Organic Liquid
Loading; Rule 1110.2, Emissions from
Stationary, Non-road & Portable
Internal Combustion Engines; Rule
1151, Motor Vehicle and Mobile
Equipment Coating Operations; and
Rule 1171, Solvent Cleaning Operations,
and fully approving the remainder of
the 2006 and 2015 RACT SIPs and
AVAQMD’s negative declarations
submitted on October 23, 2015 and June
7, 2017 into the California SIP.
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IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this 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
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safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The 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 December 11,
2017. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
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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.
Dated: September 15, 2017.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(358)(ii), (c)(493)
and (494) to read as follows:
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§ 52.220
Identification of plan—in part.
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(c) * * *
(358) * * *
(ii) Additional materials. (A) Antelope
Valley Air Quality Management District.
(1) 8-Hour Reasonably Available
Control Technology—State
Implementation Plan Analysis (RACT
SIP Analysis), August 2006, adopted on
September 19, 2006.
(2) [Reserved]
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(493) The following plan was
submitted by on October 23, 2015 by the
Governor’s designee.
(i) [Reserved]
(ii) Additional materials. (A) Antelope
Valley Air Quality Management District.
(1) 8-Hour Reasonably Available
Control Technology—State
Implementation Plan Analysis (RACT
SIP Analysis), July 2015, adopted on
July 21, 2015.
(2) Antelope Valley Air Quality
Management District Federal Negative
Declaration (8 hr Ozone Standard) for
Twenty CTG Source Categories, signed
June 15, 2015 and adopted on July 21,
2015.
(494) The following plan revision was
submitted on June 7, 2017 by the
Governor’s designee.
(i) [Reserved]
(ii) Additional materials. (A) Antelope
Valley Air Quality Management District.
(1) Antelope Valley Air Quality
Management District Federal Negative
Declaration (8-hour Ozone Standards)
for Seven Control Techniques Guideline
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Source Categories, signed October 19,
2016 and adopted on December 20,
2016.
(2) [Reserved]
3. Section 52.222 is amended by
adding paragraphs (a)(6)(x) and (xi) to
read as follows:
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§ 52.222
Negative declarations.
(a) * * *
46925
(6) * * *
(x) The following negative
declarations for the 2008 ozone NAAQS
were adopted by the District on July 21,
2015 and submitted to EPA on October
23, 2015.
CTG source category
CTG reference document
Bulk Gasoline Plants .......................
Coils ................................................
Control of Volatile Organic Emissions from Bulk Gasoline Plants (EPA–450/2–77–035, 12/1977).
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, 05/1977).
Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials (EPA–453/R–08–004, 09/
2008).
Control Volatile Organic Emissions from Storage of Petroleum Liquids in Fixed-Roof Tanks (EPA–450/2–
77–036, 12/1977).
Control Techniques Guidelines for Flat Wood Paneling Coatings (EPA–453/R–06–004, 09/2006).
Control of Volatile Organic Emissions from Petroleum Liquid Storage in External Floating Roof Tanks
(EPA–450/2–78–047, 12/1978).
Control of Volatile Organic Emissions from Existing Stationary Sources—Volume IV: Surface Coating of Insulation of Magnet Wire (EPA–450/2–77–033, 12/1977).
Control of Volatile Organic Emissions from Existing Stationary Sources—Volume V: Surface Coating of
Large Appliances (EPA–450/2–77–034, 12/1977).
Control Techniques Guidelines for Large Appliance Coatings (EPA–453/R–07–004, 09/2007).
Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners (EPA–450/3–82–
009, 09/1982).
Control of Volatile Organic Compound Emissions from Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins (EPA–450/3–83–008, 11/1983).
Fiberglass Boat Manufacturing Materials.
Fixed-Roof Tanks ............................
Flat Wood Paneling ........................
Floating-Roof Tanks ........................
Insulation of Magnet Wire ...............
Large Appliance Coatings ...............
Large Petroleum Dry Cleaners .......
Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins.
Metal Furniture Coating ..................
Natural Gas/Gasoline Processing
Plants.
Petroleum Refinery Equipment .......
Pneumatic Rubber Tires .................
Refinery Vacuum Producing Systems, Wastewater Separators,
and Process Unit Turnarounds.
Shipbuilding and Ship Repair Surface Coating Operations.
Synthesized Pharmaceutical Products.
Synthetic Organic Chemical Manufacturing Industry.
Synthetic Organic Chemical Polymer and Resin Manufacturing
Equipment.
Wood
Furniture
Manufacturing
Coating Operations.
Control Techniques Guidelines for Metal Furniture Coatings (EPA–453/R–07–005, 09/2007).
Control of Volatile Organic Compound Leaks from Natural Gas/Gasoline Processing Plants (EPA–450/3–
83–007, 12/1983).
Control of Volatile Organic Compound Leaks from Petroleum Refinery Equipment (EPA–450/2–78–036, 06/
1978).
Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires (EPA–450/2–78–030,
12/1978).
Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds
(EPA–450/2–77–025, 10/1977).
Control Techniques Guidelines for Shipbuilding and Ship Repair Operations (Surface Coating) (61 FR
44050, 08/27/96) and EPA–453/R–94–032, 04/1994.
Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products (EPA–
450/2–78–029, 12/1978).
Control Volatile Organic Compound Emissions from Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry (EPA–450/3–84–015, 12/1984).
Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations in
Synthetic Organic Chemical Manufacturing Industry (EPA–450/4–91–031, 08/1993).
Control of Volatile Organic Compound Leaks from Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment (EPA–450/3–83–006, 03/1984).
Control of Volatile Organic Compound Emissions from Wood Furniture Manufacturing Operations (EPA–
453/R–96–007, 04/1996).
(xi) The following negative
declarations were adopted by the
District on December 20, 2016 and
submitted to EPA on June 7, 2017.
NEGATIVE DECLARATIONS FOR THE 1997 OZONE NAAQS
CTG source category
CTG reference document
Can Coating ....................................
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, 05/1977).
Control of Volatile Organic Emissions from Existing Stationary Sources—Volume VII: Factory Surface
Coating of Flat Wood Paneling (EPA–450/2–78–032, 06/1978).
Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners (EPA–450/3–82–
009, 09/1982).
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Flat Wood Paneling Coating ...........
Large Petroleum Dry Cleaning .......
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Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations
NEGATIVE DECLARATIONS FOR THE 2008 OZONE NAAQS
CTG source category
CTG reference document
Can Coating ....................................
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, 05/1977).
Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings (EPA–453/R–08–003,
09/2008).
Control of Volatile Organic Emissions from Existing Stationary Sources—Volume VII: Factory Surface
Coating of Flat Wood Paneling (EPA–450/2–78–032, 06/1978).
Control of Volatile Organic Emissions from Existing Stationary Sources—Volume III: Surface Coating of
Metal Furniture (EPA–450/2–77–032, 12/1977).
Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings (EPA–453/R–08–003,
09/2008).
Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals (EPA–450/2–77–026, 10/1977).
Drum Coating ..................................
Flat Wood Paneling Coating ...........
Metal Furniture Coating ..................
Pleasure Craft Coating ...................
Tank Truck Gasoline Loading Terminals.
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conditional approval is treated as a
disapproval.
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4. Revise § 52.248 to read as follows:
[FR Doc. 2017–21375 Filed 10–6–17; 8:45 am]
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§ 52.248 Identification of plan—conditional
approval.
(a) The EPA is conditionally
approving a California State
Implementation Plan (SIP) revision
submitted on November 13, 2015
updating the motor vehicle emissions
budgets for nitrogen oxides (NOX) and
coarse particulate matter (PM10) for the
1987 24-hour PM10 standard for the San
Joaquin Valley PM10 maintenance area.
The conditional approval is based on a
commitment from the State to submit a
SIP revision that demonstrates full
implementation of the contingency
provisions of the 2007 PM10
Maintenance Plan and Request for
Redesignation (September 20, 2007). If
the State fails to meet its commitment
by June 1, 2017, the approval is treated
as a disapproval.
(b) The EPA is conditionally
approving portions of the California SIP
revisions submitted on January 31, 2007
and October 23, 2015, demonstrating
control measures in the Antelope Valley
portion of the Los Angeles-San
Bernardino Counties (West Mojave
Desert) nonattainment area implement
RACT for the 1997 and 2008 ozone
standards. The conditional approval is
based on a commitment from the state
to submit new or revised rules that will
correct deficiencies in the following
rules for the Antelope Valley Air
Quality Management District:
(1) Rule 462, Organic Liquid Loading;
(2) Rule 1110.2, Emissions from
Stationary, Non-road & Portable
Internal Combustion Engines;
(3) Rule 1151, Motor Vehicle and
Mobile Equipment Coating Operations;
and
(4) Rule 1171, Solvent Cleaning
Operations. If the State fails to meet its
commitment by November 9, 2018, the
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2017–0012; FRL–9965–58]
Tall Oil Fatty Acids; Exemption From
the Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
exemptions from the requirement of a
tolerance for residues of tall oil fatty
acids (CAS Reg. No. 61790–12–3) when
used as inert ingredients (solvent/
carrier) in the following circumstances:
In pesticide formulations applied to
growing crops and raw agricultural
commodities after harvest; in pesticides
applied in/on animals, and in
antimicrobial formulations for food
contact surfaces. Spring Trading
Company on behalf of Ingevity
Corporation submitted a petition to EPA
under the Federal Food, Drug, and
Cosmetic Act (FFDCA), requesting
establishment of these exemptions from
the requirement of a tolerance. This
regulation eliminates the need to
establish maximum permissible levels
for residues of tall oil fatty acids that are
consistent with the conditions of these
exemptions.
DATES: This regulation is effective
October 10, 2017. Objections and
requests for hearings must be received
on or before December 11, 2017, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
SUMMARY:
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The docket for this action,
identified by docket identification (ID)
number: EPA–HQ–OPP–2017–0012, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael L. Goodis, Registration Division
(7505P), Registration Division (7505P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
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]]>Agencies
[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Rules and Regulations]
[Pages 46923-46926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21375]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2016-0524; FRL-9968-35--Region 9]
Approval of California Air Plan Revisions, Antelope Valley Air
Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve and conditionally approve revisions to the Antelope
Valley Air Quality Management District (AVAQMD or ``District'') portion
of the California State Implementation Plan (SIP). These revisions
concern the District's demonstration regarding Reasonably Available
Control Technology (RACT) requirements for the 1997 8-hour ozone and
the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS or
``standards'') in the Antelope Valley ozone nonattainment area. The EPA
is also taking final action to approve AVAQMD negative declarations
into the SIP for the 1997 and the 2008 ozone standards.
We are approving local SIP revisions under the Clean Air Act (CAA
or the Act).
DATES: This rule will be effective on November 9, 2017.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2016-0524. All documents in the docket are
listed on the https://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available through https://www.regulations.gov, or please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, (415) 972-
3848, levin.nancy@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On July 28, 2017 (82 FR 35149), the EPA proposed action on the
following documents submitted into the California SIP.
------------------------------------------------------------------------
Local agency Document Adopted Submitted
------------------------------------------------------------------------
AVAQMD............ AVAQMD 8-Hour 09/19/06 01/31/07
Reasonably
Available Control
Technology--State
Implementation Plan
Analysis (RACT SIP
Analysis)--1997 8-
hour Ozone NAAQS
``2006 RACT SIP''.
AVAQMD............ AVAQMD 8-Hour 07/21/15 10/23/15
Reasonably
Available Control
Technology--State
Implementation Plan
Analysis (2015 RACT
SIP Analysis)--2008
8-hour Ozone NAAQS
``2015 RACT SIP''.
AVAQMD............ AVAQMD Federal 07/21/15 10/23/15
Negative
Declarations for
Twenty Control
Techniques
Guidelines Source
Categories.
AVAQMD............ AVAQMD Federal 12/20/16 06/07/17
Negative
Declarations for
Seven Control
Techniques
Guidelines Source
Categories.
------------------------------------------------------------------------
Specifically, the EPA proposed to conditionally approve AVAQMD's
2006 and 2015 RACT SIPs with respect to Rule 462, Organic Liquid
Loading; Rule 1110.2, Emissions from Stationary, Non-road & Portable
Internal Combustion Engines; Rule 1151, Motor Vehicle and Mobile
Equipment Coating Operations; and Rule 1171, Solvent Cleaning
Operations. Simultaneously, EPA proposed to fully approve the remainder
of the 2006 and 2015 RACT SIPs, and to fully approve AVAQMD's negative
declarations submitted on October 23, 2015 and June 7, 2017. We
simultaneously withdrew our December 15, 2016 proposal to partially
approve and partially disapprove AVAQMD's 2006 and 2015 RACT SIPs
because the AVAQMD committed to address the identified deficiencies
within one year of the approval of the plan revision.
We proposed to approve these submittals because we determined that
they complied with the relevant CAA requirements. Our proposed action
contains more information on the submittals and our evaluation.
[[Page 46924]]
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.
III. EPA Action
No comments were submitted. Therefore, as authorized in subsections
110(k)(3) and 110(k)(4) of the Act, the EPA is conditionally approving
AVAQMD's 2006 and 2015 RACT SIPs with respect to Rule 462, Organic
Liquid Loading; Rule 1110.2, Emissions from Stationary, Non-road &
Portable Internal Combustion Engines; Rule 1151, Motor Vehicle and
Mobile Equipment Coating Operations; and Rule 1171, Solvent Cleaning
Operations, and fully approving the remainder of the 2006 and 2015 RACT
SIPs and AVAQMD's negative declarations submitted on October 23, 2015
and June 7, 2017 into the California SIP.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this 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 the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The 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 December 11, 2017. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: September 15, 2017.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(358)(ii),
(c)(493) and (494) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(358) * * *
(ii) Additional materials. (A) Antelope Valley Air Quality
Management District.
(1) 8-Hour Reasonably Available Control Technology--State
Implementation Plan Analysis (RACT SIP Analysis), August 2006, adopted
on September 19, 2006.
(2) [Reserved]
* * * * *
(493) The following plan was submitted by on October 23, 2015 by
the Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) Antelope Valley Air Quality
Management District.
(1) 8-Hour Reasonably Available Control Technology--State
Implementation Plan Analysis (RACT SIP Analysis), July 2015, adopted on
July 21, 2015.
(2) Antelope Valley Air Quality Management District Federal
Negative Declaration (8 hr Ozone Standard) for Twenty CTG Source
Categories, signed June 15, 2015 and adopted on July 21, 2015.
(494) The following plan revision was submitted on June 7, 2017 by
the Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) Antelope Valley Air Quality
Management District.
(1) Antelope Valley Air Quality Management District Federal
Negative Declaration (8-hour Ozone Standards) for Seven Control
Techniques Guideline
[[Page 46925]]
Source Categories, signed October 19, 2016 and adopted on December 20,
2016.
(2) [Reserved]
0
3. Section 52.222 is amended by adding paragraphs (a)(6)(x) and (xi) to
read as follows:
Sec. 52.222 Negative declarations.
(a) * * *
(6) * * *
(x) The following negative declarations for the 2008 ozone NAAQS
were adopted by the District on July 21, 2015 and submitted to EPA on
October 23, 2015.
------------------------------------------------------------------------
CTG source category CTG reference document
------------------------------------------------------------------------
Bulk Gasoline Plants.............. Control of Volatile Organic
Emissions from Bulk Gasoline Plants
(EPA-450/2-77-035, 12/1977).
Coils............................. 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, 05/1977).
Fiberglass Boat Manufacturing Control Techniques Guidelines for
Materials. Fiberglass Boat Manufacturing
Materials (EPA-453/R-08-004, 09/
2008).
Fixed-Roof Tanks.................. Control Volatile Organic Emissions
from Storage of Petroleum Liquids
in Fixed-Roof Tanks (EPA-450/2-77-
036, 12/1977).
Flat Wood Paneling................ Control Techniques Guidelines for
Flat Wood Paneling Coatings (EPA-
453/R-06-004, 09/2006).
Floating-Roof Tanks............... Control of Volatile Organic
Emissions from Petroleum Liquid
Storage in External Floating Roof
Tanks (EPA-450/2-78-047, 12/1978).
Insulation of Magnet Wire......... Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume IV: Surface Coating
of Insulation of Magnet Wire (EPA-
450/2-77-033, 12/1977).
Large Appliance Coatings.......... Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume V: Surface Coating
of Large Appliances (EPA-450/2-77-
034, 12/1977).
Control Techniques Guidelines for
Large Appliance Coatings (EPA-453/R-
07-004, 09/2007).
Large Petroleum Dry Cleaners...... Control of Volatile Organic Compound
Emissions from Large Petroleum Dry
Cleaners (EPA-450/3-82-009, 09/
1982).
Manufacture of High-Density Control of Volatile Organic Compound
Polyethylene, Polypropylene, and Emissions from Manufacture of High-
Polystyrene Resins. Density Polyethylene,
Polypropylene, and Polystyrene
Resins (EPA-450/3-83-008, 11/1983).
Metal Furniture Coating........... Control Techniques Guidelines for
Metal Furniture Coatings (EPA-453/R-
07-005, 09/2007).
Natural Gas/Gasoline Processing Control of Volatile Organic Compound
Plants. Leaks from Natural Gas/Gasoline
Processing Plants (EPA-450/3-83-
007, 12/1983).
Petroleum Refinery Equipment...... Control of Volatile Organic Compound
Leaks from Petroleum Refinery
Equipment (EPA-450/2-78-036, 06/
1978).
Pneumatic Rubber Tires............ Control of Volatile Organic
Emissions from Manufacture of
Pneumatic Rubber Tires (EPA-450/2-
78-030, 12/1978).
Refinery Vacuum Producing Systems, Control of Refinery Vacuum Producing
Wastewater Separators, and Systems, Wastewater Separators, and
Process Unit Turnarounds. Process Unit Turnarounds (EPA-450/2-
77-025, 10/1977).
Shipbuilding and Ship Repair Control Techniques Guidelines for
Surface Coating Operations. Shipbuilding and Ship Repair
Operations (Surface Coating) (61 FR
44050, 08/27/96) and EPA-453/R-94-
032, 04/1994.
Synthesized Pharmaceutical Control of Volatile Organic
Products. Emissions from Manufacture of
Synthesized Pharmaceutical Products
(EPA-450/2-78-029, 12/1978).
Synthetic Organic Chemical Control Volatile Organic Compound
Manufacturing Industry. Emissions from Air Oxidation
Processes in Synthetic Organic
Chemical Manufacturing Industry
(EPA-450/3-84-015, 12/1984).
Control of Volatile Organic Compound
Emissions from Reactor Processes
and Distillation Operations in
Synthetic Organic Chemical
Manufacturing Industry (EPA-450/4-
91-031, 08/1993).
Synthetic Organic Chemical Polymer Control of Volatile Organic Compound
and Resin Manufacturing Equipment. Leaks from Synthetic Organic
Chemical Polymer and Resin
Manufacturing Equipment (EPA-450/3-
83-006, 03/1984).
Wood Furniture Manufacturing Control of Volatile Organic Compound
Coating Operations. Emissions from Wood Furniture
Manufacturing Operations (EPA-453/R-
96-007, 04/1996).
------------------------------------------------------------------------
(xi) The following negative declarations were adopted by the
District on December 20, 2016 and submitted to EPA on June 7, 2017.
Negative Declarations for the 1997 Ozone NAAQS
------------------------------------------------------------------------
CTG source category CTG reference document
------------------------------------------------------------------------
Can Coating....................... 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, 05/1977).
Flat Wood Paneling Coating........ Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume VII: Factory
Surface Coating of Flat Wood
Paneling (EPA-450/2-78-032, 06/
1978).
Large Petroleum Dry Cleaning...... Control of Volatile Organic Compound
Emissions from Large Petroleum Dry
Cleaners (EPA-450/3-82-009, 09/
1982).
------------------------------------------------------------------------
[[Page 46926]]
Negative Declarations for the 2008 Ozone NAAQS
------------------------------------------------------------------------
CTG source category CTG reference document
------------------------------------------------------------------------
Can Coating....................... 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, 05/1977).
Drum Coating...................... Control Techniques Guidelines for
Miscellaneous Metal and Plastic
Parts Coatings (EPA-453/R-08-003,
09/2008).
Flat Wood Paneling Coating........ Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume VII: Factory
Surface Coating of Flat Wood
Paneling (EPA-450/2-78-032, 06/
1978).
Metal Furniture Coating........... Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume III: Surface
Coating of Metal Furniture (EPA-450/
2-77-032, 12/1977).
Pleasure Craft Coating............ Control Techniques Guidelines for
Miscellaneous Metal and Plastic
Parts Coatings (EPA-453/R-08-003,
09/2008).
Tank Truck Gasoline Loading Control of Hydrocarbons from Tank
Terminals. Truck Gasoline Loading Terminals
(EPA-450/2-77-026, 10/1977).
------------------------------------------------------------------------
* * * * *
0
4. Revise Sec. 52.248 to read as follows:
Sec. 52.248 Identification of plan--conditional approval.
(a) The EPA is conditionally approving a California State
Implementation Plan (SIP) revision submitted on November 13, 2015
updating the motor vehicle emissions budgets for nitrogen oxides
(NOX) and coarse particulate matter (PM10) for
the 1987 24-hour PM10 standard for the San Joaquin Valley
PM10 maintenance area. The conditional approval is based on
a commitment from the State to submit a SIP revision that demonstrates
full implementation of the contingency provisions of the 2007
PM10 Maintenance Plan and Request for Redesignation
(September 20, 2007). If the State fails to meet its commitment by June
1, 2017, the approval is treated as a disapproval.
(b) The EPA is conditionally approving portions of the California
SIP revisions submitted on January 31, 2007 and October 23, 2015,
demonstrating control measures in the Antelope Valley portion of the
Los Angeles-San Bernardino Counties (West Mojave Desert) nonattainment
area implement RACT for the 1997 and 2008 ozone standards. The
conditional approval is based on a commitment from the state to submit
new or revised rules that will correct deficiencies in the following
rules for the Antelope Valley Air Quality Management District:
(1) Rule 462, Organic Liquid Loading;
(2) Rule 1110.2, Emissions from Stationary, Non-road & Portable
Internal Combustion Engines;
(3) Rule 1151, Motor Vehicle and Mobile Equipment Coating
Operations; and
(4) Rule 1171, Solvent Cleaning Operations. If the State fails to
meet its commitment by November 9, 2018, the conditional approval is
treated as a disapproval.
[FR Doc. 2017-21375 Filed 10-6-17; 8:45 am]
BILLING CODE 6560-50-P
