Approval of California Air Plan Revisions, Mojave Desert Air Quality Management District, 54309-54314 [2017-25017]

Download as PDF Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Proposed Rules categories, lowers the VOC content limit of other specialty coating categories, and lowers the VOC content limit for solvents used for surface preparation. Under the District’s October 23, 2006 SIP-approved rule, some of these new specialty coating categories such as Topcoats, Pleasure Craft, One Component, and Two Component, would have been covered under the ‘‘General Use’’ category and been subject to a more stringent VOC limit when compared to the October 24, 2016 amended rule. The EPA reviewed the potential gross emissions increase associated with the new specialty coating limits and estimates that total VOC emissions associated with these coatings may increase by approximately 250 pounds per year or approximately 0.001% of MDAQMD’s VOC inventory. We conclude that this is a negligible increase and would not impact attainment. Because the potential gross increase is minimal, we have not calculated the net impact of the rule revisions, including the emission reductions from strengthened limits. Our evaluation shows this rule is consistent with CAA requirements and relevant guidance regarding enforceability, RACT, and SIP revisions. The TSD has more information on our evaluation. C. EPA Recommendations To Further Improve the Rule The TSD describes additional rule revisions that we recommend for the next time the local agency modifies the rule. rmajette on DSKBCKNHB2PROD with PROPOSALS D. Public Comment and Proposed Action As authorized in section 110(k)(3) of the Act, the EPA proposes to fully approve the submitted rule because we believe it fulfills all relevant requirements. We will accept comments from the public on this proposal until December 18, 2017. If we take final action to approve the submitted rule our final action will incorporate this rule into the federally enforceable SIP. III. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the MDAQMD rule described in Table 1 of this preamble. The EPA has made, and will continue to make, these materials available through www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER VerDate Sep<11>2014 13:57 Nov 16, 2017 Jkt 244001 section of this preamble for more information). INFORMATION CONTACT 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 proposed action merely proposes to approve state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed 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 (Public Law 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 disproportionate human health or environmental effects with practical, appropriate, and legally permissible methods under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, 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 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 54309 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). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: November 6, 2017. Alexis Strauss, Acting Regional Administrator, Region IX. [FR Doc. 2017–25015 Filed 11–16–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2017–0564; FRL–9970–87– Region 9] Approval of California Air Plan Revisions, Mojave Desert Air Quality Management District Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve and conditionally approve revisions to the Mojave Desert Air Quality Management District (MDAQMD 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 ‘‘standard’’) in the portion of the Western Mojave Desert ozone nonattainment area under the jurisdiction of the MDAQMD. The EPA is also proposing to approve MDAQMD negative declarations into the SIP for the 2008 ozone standards. We are proposing action on local SIP revisions under the Clean Air Act (CAA or Act). We are taking comments on this proposal and plan to follow with a final action. DATES: Any comments must arrive by December 18, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2017–0564 at https:// www.regulations.gov/, or via email to SUMMARY: E:\FR\FM\17NOP1.SGM 17NOP1 54310 Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Proposed Rules Nancy Levin, Rulemaking Office at levin.nancy@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be removed or edited from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the Web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, (415) 942– 3848, levin.nancy@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to the EPA. Table of Contents I. The State’s Submittal A. What documents did the State submit? B. Are there other versions of these documents? C. What is the purpose of the submitted documents? II. The EPA’s Evaluation and Proposed Action A. How is the EPA evaluating the submitted documents? B. Do the documents meet the evaluation criteria? C. EPA Recommendations To Further Improve the RACT SIPs D. Public Comment and Proposed Action III. Statutory and Executive Order Reviews I. The State’s Submittal A. What documents did the State submit? Table 1 lists the documents addressed by this proposal with the dates that they were adopted by the local air agency and submitted to the EPA by the California Air Resources Board (CARB). TABLE 1—SUBMITTED DOCUMENTS Local agency Document MDAQMD ...... MDAQMD 8-Hour Reasonably Available Control Technology—State Implementation Plan Analysis (RACT SIP Analysis) ‘‘2006 RACT SIP’’. MDAQMD 2015 8-Hour Reasonably Available Control Technology —State Implementation Plan Analysis (2015 RACT SIP Analysis) ‘‘2015 RACT SIP’’. MDAQMD Federal Negative Declarations for Nineteen Control Techniques Guidelines Source Categories ‘‘Negative Declarations for 19 CTGs’’. MDAQMD ...... MDAQMD ...... In addition to these SIP submittals, the District and CARB transmitted commitment letters to the EPA to adopt and submit specific enforceable measures within a year of our anticipated approval date that would remedy the deficiencies identified in the 2017 MDAQMD and CARB letters to the EPA.1 On January 11, 2008, the submittal for MDAQMD’s RACT SIP for the 1997 8hour ozone NAAQS (2006 RACT SIP) was deemed by operation of law to meet the completeness criteria in Title 40 of the Code of Federal Regulations (CFR) part 51 Appendix V, which must be met before formal EPA review. On March 9, 2016, the submittal for the MDAQMD’s 2015 RACT SIP, including negative declarations for 19 CTGs, was found to meet the completeness criteria. rmajette on DSKBCKNHB2PROD with PROPOSALS B. Are there other versions of these documents? There are no previous versions of these documents in the MDAQMD 1 Letters from Brad Poiriez, Mojave Desert Air Quality Management District (MDAQMD) to Alexis Strauss, U.S. Environmental Protection Agency (EPA) and Richard Corey, California Air Resources Board (CARB), dated September 25, 2017 and September 27, 2017. Letter from Jon Taylor, CARB, to Alexis Strauss, EPA, dated October 3, 2017. VerDate Sep<11>2014 13:57 Nov 16, 2017 Jkt 244001 Adopted portion of the California SIP for the 1997 or 2008 8-hour ozone standards. C. What is the purpose of the submitted documents? 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 regulations that control VOCs and NOX emissions. Sections 182(b)(2) and (f) require that SIPs for ozone nonattainment areas classified as Moderate or above implement RACT for any source covered by a Control Techniques Guidelines (CTG) document and for any major source of VOCs or NOX. The MDAQMD is subject to this requirement as it regulates the San Bernardino portion of the Western Mojave Desert ozone nonattainment area that was previously designated and classified as a Moderate nonattainment area for the 1997 NAAQS and is currently classified as a Severe-15 ozone nonattainment area for the 1997 and the 2008 8-hour ozone NAAQS.2 Therefore, the MDAQMD 2 40 CFR 81.305; 69 FR 23858 at 23884 (April 30, 2004) (final rule designating and classifying Western Mojave Desert as a Subpart 2/Moderate nonattainment for the 1997 8-hour ozone NAAQS); 77 FR 26950 (May 8, 2012) (final rule reclassifying PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 Submitted 9/25/06 7/11/2007 2/23/15 9/9/2015 2/23/15 9/9/2015 must, at a minimum, adopt RACT-level controls for all sources covered by a CTG document and for all major nonCTG sources of VOCs or NOX within the nonattainment area. Any stationary source that emits or has the potential to emit at least 100 tons per year of VOCs or NOX is a major stationary source in a Moderate ozone nonattainment area (CAA section 182(b)(2), (f) and 302(j)), and any stationary source that emits or has the potential to emit at least 25 tons per year of VOCs or NOX is a major stationary source in a Severe ozone nonattainment area (CAA sections 182(d) and (f)). Section IV.G of the preamble to the EPA’s final rule to implement the 1997 8-hour ozone NAAQS (70 FR 71612, November 29, 2005) discusses RACT Western Mojave Desert as Severe-15 nonattainment for the 1997 8-hour ozone NAAQS); and 77 FR 30088 at 30100 (May 21, 2012) (final rule designating and classifying Western Mojave Desert as Severe-15 nonattainment for the 2008 8-hour ozone NAAQS). Western Mojave Desert is listed in the final rulemaking under ‘‘Los Angeles-San Bernardino Cos (W Mojave Desert), CA: Los Angeles County (part).’’ The EPA evaluated MDAQMD’s 2006 RACT SIP submittal as a Moderate ozone nonattainment area since the District adopted its 2006 certification based on that classification. On March 13, 2014, the MDAQMD provided additional information to supplement its 2006 RACT SIP, to address the EPA’s September 11, 2006 comments on the 2006 RACT SIP. E:\FR\FM\17NOP1.SGM 17NOP1 Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Proposed Rules requirements. It states in part that where a RACT SIP is required, states implementing the 8-hour standard generally must assure that RACT is implemented, either through a certification that previously required RACT controls still represent RACT for 8-hour implementation purposes or through a new RACT determination. Section III.D of the preamble to the EPA’s final rule to implement the 2008 ozone NAAQS (80 FR 12264, March 6, 2015) discusses similar requirements for RACT. The submitted documents provide MDAQMD’s analyses of its compliance with the CAA section 182 RACT requirements for the 1997 and 2008 8-hour ozone NAAQS. The EPA’s technical support documents (TSDs) 3 have more information about the District’s submissions and the EPA’s evaluations thereof. rmajette on DSKBCKNHB2PROD with PROPOSALS II. The EPA’s Evaluation and Proposed Action A. How is the EPA evaluating the submitted documents? SIP rules must require RACT for each category of sources covered by a CTG document as well as each major source of VOCs or NOX in ozone nonattainment areas classified as Moderate or above (see CAA section 182(b)(2)). The MDAQMD regulates a Severe ozone nonattainment area (see 40 CFR 81.305), so the District’s rules must implement RACT. States should also submit for SIP approval negative declarations for those source categories for which they are not adopting CTG-based regulations (because they have no sources above the CTG recommended threshold) regardless of whether such negative declarations were made for an earlier SIP.4 To do so, the submittal should provide reasonable assurance that no sources subject to the CTG requirements currently exist or are planned for the MDAQMD. The District’s analysis must demonstrate that each major source of NOX or VOCs in the nonattainment area is covered by a RACT-level rule. In addition, for each CTG source category, the District must either demonstrate that a RACT-level rule is in place, or submit a negative declaration. Guidance and policy documents that we use to evaluate CAA section 182 RACT requirements include the following: 3 The docket for this proposed action contains two TSDs, one addressing the 2006 RACT SIP, and one addressing the 2015 RACT SIP and Negative Declarations for 19 CTGs. 4 57 FR 13498, 13512 (April 16, 1992). The EPA previously approved several negative declarations submitted by MDAQMD. See 76 FR 29153 (May 20, 2011). VerDate Sep<11>2014 13:57 Nov 16, 2017 Jkt 244001 1. ‘‘Final Rule to Implement the 8-hour Ozone National Ambient Air Quality Standard—Phase 2’’: (70 FR 71612; November 29, 2005). 2. ‘‘State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990,’’ 57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992). 3. ‘‘Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,’’ EPA, May 25, 1988 (the Bluebook, revised January 11, 1990). 4. ‘‘Guidance Document for Correcting Common VOC & Other Rule Deficiencies,’’ EPA Region 9, August 21, 2001 (the Little Bluebook). 5. ‘‘State Implementation Plans; Nitrogen Oxides Supplement to the General Preamble; Clean Air Act Amendments of 1990 Implementation of Title I; Proposed Rule,’’ (the NOX Supplement), 57 FR 55620, November 25, 1992. 6. Memorandum from William T. Harnett to Regional Air Division Directors, (May 18, 2006), ‘‘RACT Qs & As—Reasonably Available Control Technology (RACT) Questions and Answers.’’ 7. 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. 8. RACT SIPs, Letter dated April 4, 2006 from EPA Region IX (Andrew Steckel) to CARB (Kurt Karperos) listing EPA’s current CTGs, ACTs, and other documents which may help to establish RACT. 9. ‘‘Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements’’ (80 FR 12264; March 6, 2015). With respect to major stationary sources, because the Western Mojave Desert ozone nonattainment area was classified as ‘‘Moderate’’ nonattainment for the 1997 8-hour ozone NAAQS at the time that California submitted the 2006 RACT SIP to the EPA, the EPA evaluated this submission in accordance with the 100 ton per year (tpy) threshold for ‘‘major stationary sources’’ of VOCs or NOX emissions in Moderate ozone nonattainment areas. (see CAA sections 182(b)(2) and (f)). MDAQMD’s 2015 RACT SIP submittal contains the District’s RACT evaluation for major stationary sources in accordance with the 25 tpy threshold for major stationary sources of VOCs or NOX emissions in Severe ozone nonattainment areas. (see CAA sections 182(d) and (f)). The EPA also evaluated MDAQMD’s submittals for compliance with the additional RACT requirements that became applicable following the EPA’s reclassification of the Western Mojave Desert ozone nonattainment area from ‘‘Moderate’’ to ‘‘Severe’’ nonattainment for the 1997 8-hour ozone NAAQS and classification as a Severe ozone nonattainment area for the 2008 8-hour ozone NAAQS. PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 54311 B. Do the documents meet the evaluation criteria? We find that the District’s submissions are largely consistent with the applicable CAA requirements. The District has identified rule deficiencies for certain rules, and in light of the District’s commitment to adopt specific enforceable measures to remedy the identified rule deficiencies, the EPA will propose to conditionally approve portions of the submittals. The SIP submittals and supplementary material demonstrate that all of the identified SIP rules implement RACT for the applicable CTG categories and for the major nonCTG stationary sources of VOCs and NOX for the 1997 and 2008 8-hour ozone NAAQS, with the exception of the following rules: Rule 461, Gasoline Transfer and Dispensing; Rule 462, Organic Liquid Loading; Rule 463, Storage of Organic Liquids; Rule 1104, Organic Solvent Degreasing; Rule 1106, Marine Coating Operations; Rule 1114, Wood Products Coating Operations; Rule 1115, Metal Parts & Product Coating Operations; Rule 1157, Boilers and Process Heaters; Rule 1160, Internal Combustion Engines; Rule 1161, and Portland Cements Kilns; Rule 1162, Polyester Resin Operations. On February 24, 2017, CARB submitted an updated version of Rule 1106, Marine Coating Operations. The EPA has concluded that the District’s revisions of this rule cure the deficiencies identified by the District in its 2015 RACT SIP Analysis. We are proposing approval of this rule in parallel with the present proposed action. On September 25, 2017 and September 27, 2017, the District transmitted to CARB and the EPA commitments to adopt new or revised rules that will resolve the identified rule deficiencies in the remaining rules, and to transmit these rules to CARB no later than December 31, 2018. On October 3, 2017, CARB committed to submit these rules to the EPA no later than January 31, 2019.5 These letters commit the District to adopt specific enforceable measures to correct the rule deficiencies, commit the state to submit them to the EPA by a date certain, and are clear and enforceable. Accordingly, we believe these commitment letters are consistent with CAA requirements regarding conditional approval for the 5 Letters from Brad Poiriez, Mojave Desert Air Quality Management District (MDAQMD) to Alexis Strauss, U.S. Environmental Protection Agency (EPA) and Richard Corey, California Air Resources Board (CARB), dated September 25 and September 27, 2017. Letter from Jon Taylor, CARB, to Alexis Strauss, EPA, dated October 3, 2017. E:\FR\FM\17NOP1.SGM 17NOP1 54312 Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Proposed Rules 2006 and 2015 RACT SIPs with respect to the rules cited above.6 See CAA section 110(k)(4). Where there are no existing sources covered by a particular CTG document, states may, in lieu of adopting RACT requirements for those sources, adopt negative declarations certifying that there are no such sources in the relevant nonattainment area. On September 9, 2015, CARB submitted for SIP inclusion MDAQMD’s negative declarations for 19 CTG source categories. The District certified that it examined its permit files, emissions inventory and other documentation and determined that there are no sources in the CTG source categories listed in Table 2.7 The District adopted the negative declarations on February 23, 2015, after reasonable notice and public comment.8 We searched CARB’s emissions inventory database and verified that there did not appear to be facilities in the MDAQMD that might be subject to the 19 CTG categories. We conclude that these negative declarations are consistent with the relevant policy and guidance regarding RACT. The TSDs for today’s action have more information on our evaluation. TABLE 2—NEGATIVE DECLARATIONS CTG source category CTG reference document Large Petroleum Dry Cleaners ........................... Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins. Manufacture of Pneumatic Rubber Tires ........... EPA 450/3–82–009, 9/82 Control of VOC Emissions from Large Petroleum Dry Cleaners. EPA–450/3–83–008, 11/83 Control of Volatile Organic Compound Emissions from Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins. EPA–450/2–78–030, Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires. EPA–450/2–77–008, 5/77 Control of Volatile Organic Emissions from Existing Stationary Sources—Vol. II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and LightDuty Trucks. EPA–450/2–77–008, 5/77 Control of Volatile Organic Emissions from Existing Stationary Sources—Vol. II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and LightDuty Trucks. EPA 453/R–08–006, 09/08, Control Technique Guidelines for Automobile and Light-Duty Truck Assembly Coatings.9 EPA–450/2–77–008, 5/77 Control of Volatile Organic Emissions from Existing Stationary Sources—Vol. II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and LightDuty Trucks. EPA–450/2–77–034, 12/77 Control of Volatile Organic Emissions from Existing Stationary Sources—Volume V: Surface Coating of Large Appliances. EPA 453/R–07–004, 09/07, Control Techniques Guidelines for Large Appliance Coatings. EPA–450/2–77–033, 12/77 Control of Volatile Organic Emissions from Existing Stationary Sources, Volume IV: Surface Coating of Insulation of Magnet Wire. EPA–450/2–77–025, 10/77 Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds. EPA–450/2–77–025, 10/77 Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds. EPA–450/2–77–025, 10/77 Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds. EPA–450/3–83–007,12/83 Control of Volatile Organic Compound Equipment Leaks from Natural Gas/Gasoline Processing Plants. EPA–450/2–78–029, 12/78 Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products.10 EPA–450/3–84–015, 12/84 Control of Volatile Organic Compound Emissions from Air Oxidation Process in Synthetic Organic Chemical Manufacturing Industry (SOCMI). EPA–450/4–91–031, 08/93 Control of Volatile Organic Compound Emissions from Reactor Process and Distillation Operations in SOCMI. EPA–450/3–83–006, 03/84 Control of Volatile Organic Compound Leaks from Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment. EPA–450/2–78–036, 06/78 Control of Volatile Organic Compound Leaks from Petroleum Refinery Equipment. EPA–450/2–77–032, 12/77 Control of Volatile Organic Emissions from Existing Stationary Sources—Volume III: Surface Coating of Metal Furniture. EPA 453/R–07–005, 09/07 Control Techniques Guidelines for Metal Furniture Coatings. EPA–450/2–78–032, 06/78 Control of Volatile Organic Emissions from Existing Stationary Sources—Volume VII: Factory Surface Coating of Flat Wood Paneling. EPA–453/R–06–004, 09/06 Control Techniques Guidelines for Flat Wood Paneling Coatings. Surface Coating of Cans .................................... Surface Coating of Coils ..................................... Surface Coating Operations at Automotive and Light Duty Truck Assembly Plants. Large Appliances, Surface Coatings .................. Surface Coating of Magnet Wire ........................ Vacuum Producing Devices or Systems ............ Leaks from Petroleum Refinery Equipment ....... Process Unit Turnarounds .................................. Equipment Leaks from Natural Gas/Gasoline Processing Plants. Manufacture of Synthesized Pharmaceutical Products. Air Oxidation Processes (SOCMI) ...................... Reactor and Distillation Processes (SOCMI) ..... Equipment used in Synthetic Organic Chemical Polymers and Resin Manufacturing. Leaks from Petroleum Refinery Equipment ....... Metal Furniture Coating ...................................... rmajette on DSKBCKNHB2PROD with PROPOSALS Flat Wood Paneling ............................................ Accordingly, the District’s 2006 and 2015 RACT SIP submittals satisfy the CAA section 182 RACT requirements, with the exception of the rules identified above, which the District has either already corrected, or has committed to correct. 6 We note that the District has begun acting on its commitment. MDAQMD has drafted revisions to Rules 461, 462, 463 and 1115 and is in the process of responding to EPA’s comments on the preliminary draft amendments. 7 Mojave Desert Air Quality Management District Federal Negative Declaration (8 hr Ozone Standard) for Nineteen CTG Categories, signed by Eldon Heaston, Executive Officer, signed on January 13, 2015, and Board adopted on February 23, 2015. 8 See Resolution 15–03; February 23, 2015. 9 The District also lists ‘‘Protocol for Determining the Daily VOC Emission Rate of Automobile and Light-Duty Truck Primer-Surfacer and Topcoat Operations (EPA 453/R–08–002, 09/08),’’ however, this document is not a CTG. 10 The District also lists ‘‘Control Techniques for VOC Emissions from Stationary Sources: Industrial Manufacturing Processes (EPA–453/R–92–018, 12/ 92, NTIS PB–93–150–258),’’ however, this is not a CTG document. VerDate Sep<11>2014 13:57 Nov 16, 2017 Jkt 244001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\17NOP1.SGM 17NOP1 Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Proposed Rules Our 2006 and 2015 RACT SIP TSDs have more information on our evaluation. rmajette on DSKBCKNHB2PROD with PROPOSALS C. EPA Recommendations To Further Improve the RACT SIPs The 2015 RACT SIP TSD describes recommendations if additional emission reductions are needed for the next time the local agency modifies its rules. D. Public Comment and Proposed Action If a portion of a plan revision meets all the applicable CAA requirements, section 110(k)(3) authorizes the EPA to approve the plan revision in part. 42 U.S.C. 7410(k)(3). In addition, section 110(k)(4) authorizes the EPA to conditionally approve a plan revision based on a commitment by the state to adopt specific enforceable measures by a date certain but not later than one year after the date of the plan approval. 42 U.S.C. 7410(k)(4). In this instance, the enforceable measures that the state must submit are new or revised rules that correct the rule deficiencies identified above. On October 3, 2017, the state transmitted a commitment letter dated September 25, 2017 from the MDAQMD to adopt and transmit rules or rule revisions to the state that correct the deficiencies identified in Rule 461, Gasoline Transfer and Dispensing; Rule 462, Organic Liquid Loading; Rule 463, Storage of Organic Liquids; Rule 1104, Organic Solvent Degreasing; Rule 1114, Wood Products Coating Operations; Rule 1115, Metal Parts and Product Coating Operations; Rule 1157, Boilers and Process Heaters; Rule 1160, Internal Combustion Engines; Rule 1161, Portland Cement Kilns; and Rule 1162, Polyester Resin Operations no later than December 31, 2018. The state also transmitted a second commitment letter from MDAQMD dated September 27, 2017 to adopt and transmit revised Rule 1104, Organic Solvent Degreasing and Rule 1162, Polyester Resin Operations no later than December 31, 2018. The state’s transmittal letter commits the state to submit to the EPA these rules no later than January 31, 2019. If the MDAQMD or the state fail to comply with this commitment, this proposed conditional approval would convert to a disapproval and start an 18-month clock for sanctions under CAA section 179(a)(2) and a two-year clock for a federal implementation plan under CAA section 110(c)(1). As authorized in section 110(k)(3) and (4) of the Act, the EPA proposes to partially conditionally approve MDAQMD’s 2006 and 2015 RACT SIPs with respect to Rule 461, Gasoline Transfer and Dispensing; Rule 462, VerDate Sep<11>2014 13:57 Nov 16, 2017 Jkt 244001 Organic Liquid Loading; Rule 463, Storage of Organic Liquids; Rule 1104, Organic Solvent Degreasing; Rule 1114, Wood Products Coating Operations; Rule 1115, Metal Parts and Product Coating Operations; Rule 1157, Boilers and Process Heaters; Rule 1160, Internal Combustion Engines; Rule 1161, Portland Cement Kilns; and Rule 1162, Polyester Resin Operations. Simultaneously, EPA proposes to partially approve the remainder of MDAQMD’s 2006 and 2015 RACT SIPs, and to fully approve MDAQMD’s negative declarations, submitted on September 9, 2015. We will accept comments from the public on this proposal until December 18, 2017. If we take final action to approve the submitted documents, our final action will incorporate these documents into the SIP. III. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review. B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs This action is not an Executive Order 13771 regulatory action because actions such as SIP approvals are exempted under Executive Order 12866. C. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the PRA because this action does not impose additional requirements beyond those imposed by state law. D. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities beyond those imposed by state law. E. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 54313 governments. This action does not impose additional requirements beyond those imposed by state law. Accordingly, no additional costs to state, local, or tribal governments, or to the private sector, will result from this action. F. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. G. Executive Order 13175: Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175, because the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and will not impose substantial direct costs on tribal governments or preempt tribal law. Thus, Executive Order 13175 does not apply to this action. H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not impose additional requirements beyond those imposed by state law. I. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. J. National Technology Transfer and Advancement Act (NTTAA) Section 12(d) of the NTTAA directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. The EPA believes that this action is not subject to the requirements of section 12(d) of the NTTAA because E:\FR\FM\17NOP1.SGM 17NOP1 54314 Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Proposed Rules application of those requirements would be inconsistent with the CAA. K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Population The EPA lacks the discretionary authority to address environmental justice in this rulemaking. 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: November 6, 2017. Alexis Strauss, Acting Regional Administrator, Region IX. [FR Doc. 2017–25017 Filed 11–16–17; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HEALTH AND HUMAN SERVICES 42 CFR Part 71 RIN 0920–AA14 Foreign Quarantine Regulations, Proposed Revision of HHS/CDC Animal Importation Regulations Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS). ACTION: Advance notice of proposed rulemaking; withdrawal. AGENCY: The Centers for Disease Control and Prevention (CDC), located within the Department of Health and Human Services (HHS) announces the withdrawal of its 2007 advance notice of proposed rulemaking (ANPRM). The 2007 ANPRM was issued to begin the process of revising the regulations concerning importation of animals and animal products. DATES: As of November 17, 2017, the ANPRM published on July 31, 2007, at 72 FR 41676, is withdrawn. FOR FURTHER INFORMATION CONTACT: Anne E. O’Connor, M.S., MT(ASCP), Office of the Chief of Staff, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS–A14, Atlanta, GA 30329; email: cdcregulations@cdc.gov. SUPPLEMENTARY INFORMATION: On July 31, 2007, HHS/CDC published an advance notice of proposed rulemaking (72 FR 41679) requesting input and background information from the public on revisions to HHS/CDC’s animal rmajette on DSKBCKNHB2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 13:57 Nov 16, 2017 Jkt 244001 importation regulations found at 42 CFR part 71. The ANPRM had a 60-day comment period. On October 1, 2007, HHS/CDC published another notice (72 FR 55729) that extended the public comment period to December 1, 2007. In response to the ANPRM, HHS/CDC received 20 public comments including from individuals, organizations, three animal-rescue advocacy groups, one private pet business, and one state government entity. Some commenters asserted that the current regulations fail to take into account the increasing volume of animal imports and new threats to human health and safety posed by these imports. Other commenters asserted that the same rules and fees applicable to commercial importers should be extended to nonprofit animal shelters, rescue groups, and animal sanctuaries that effectively function as pet stores. The topics that received the most comments were changing the rabies regimen and requiring health certificate and unique identifiers for dogs, cats, and ferrets; and other strategies for preventing the introduction, spread, and transmission of zoonotic disease in the United States. HHS/CDC believes the public interest is best served by withdrawing the ANPRM identified in this document from rulemaking. The withdrawal of the ANPRM identified in this document does not preclude HHS/CDC from initiating future rulemaking to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the United States and from one State or possession into another. The ANPRM published on July 31, 2007 (72 FR 41676), is hereby withdrawn. Dated: November 13, 2017. Eric D. Hargan, Acting Secretary, Department of Health and Human Services. [FR Doc. 2017–24951 Filed 11–16–17; 8:45 am] BILLING CODE 4163–18–P DEPARTMENT OF HEALTH AND HUMAN SERVICES 42 CFR Part 73 [Docket No. CDC–2015–0050] RIN 0920–AA58 Possession, Use, and Transfer of Select Agents and Toxins; Addition of Certain Influenza Virus Strains to the List of Select Agents and Toxins Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS). AGENCY: PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 Notice of proposed rulemaking; withdrawal. ACTION: The Centers for Disease Control and Prevention (CDC), located within the Department of Health and Human Services (HHS) announces the withdrawal of its 2015 notice of proposed rulemaking (NPRM). The 2015 NPRM proposed to add certain influenza virus strains to the list of HHS select agents and toxins. DATES: The proposed rule published on July 16, 2015 (80 FR 42079), is withdrawn as of November 17, 2017. FOR FURTHER INFORMATION CONTACT: Samuel S. Edwin, Director, Division of Select Agents and Toxins, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS–A46, Atlanta, GA 30329. Telephone: (404) 718–2000. SUPPLEMENTARY INFORMATION: On July 16, 2015, HHS/CDC published a proposed rule (80 FR 42079) to add certain influenza virus strains to the list of HHS select agents and toxins. Specifically, HHS/CDC proposed to add the influenza viruses that contain the hemagglutinin (HA) from the Goose Guangdong/1/96 lineage (the influenza viruses that contain the hemagglutinin (HA) from the A/Gs/Gd/1/96 lineage), including wild-type viruses as a nonTier 1 select agent. HHS/CDC also proposed to add any influenza viruses that contain the HA from the A/Gs/Gd/ 1/96 lineage that were made transmissible among mammals by respiratory droplets in a laboratory as a Tier 1 select agent. In response to the NPRM, HHS/CDC received 24 comments from industry, academic institutions, professional organizations, and the public. Commenters expressed concern about balancing the risk of impeding research against the risk of an accidental laboratory incident or act of terrorism. Other commenters were concerned that regulation might further limit the ability of veterinarians, researchers, and farmers to identify and respond to influenza outbreaks. Finally, some commenters pointed out that highly pathogenic avian influenza viruses are already regulated as a Department of Agriculture/Animal and Plant Health Inspection Service (USDA/APHIS) select agent. HHS/CDC agreed with the commenters. Since the publication of the NPRM, the U.S. Government has put in place additional controls regarding the funding and approval of dual use research. In addition, HHS/CDC has worked with USDA/APHIS to ensure that biosafety and biosecurity protocols/ measures are in place for regulated entities working with highly pathogenic SUMMARY: E:\FR\FM\17NOP1.SGM 17NOP1

Agencies

[Federal Register Volume 82, Number 221 (Friday, November 17, 2017)]
[Proposed Rules]
[Pages 54309-54314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25017]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0564; FRL-9970-87-Region 9]


Approval of California Air Plan Revisions, Mojave Desert Air 
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve and conditionally approve revisions to the Mojave Desert Air 
Quality Management District (MDAQMD 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 
``standard'') in the portion of the Western Mojave Desert ozone 
nonattainment area under the jurisdiction of the MDAQMD. The EPA is 
also proposing to approve MDAQMD negative declarations into the SIP for 
the 2008 ozone standards. We are proposing action on local SIP 
revisions under the Clean Air Act (CAA or Act). We are taking comments 
on this proposal and plan to follow with a final action.

DATES: Any comments must arrive by December 18, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0564 at https://www.regulations.gov/, or via email to

[[Page 54310]]

Nancy Levin, Rulemaking Office at levin.nancy@epa.gov. For comments 
submitted at Regulations.gov, follow the online instructions for 
submitting comments. Once submitted, comments cannot be removed or 
edited from Regulations.gov. For either manner of submission, the EPA 
may publish any comment received to its public docket. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e. on the Web, 
cloud, or other file sharing system). For additional submission 
methods, please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, (415) 942-
3848, levin.nancy@epa.gov.

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

Table of Contents

I. The State's Submittal
    A. What documents did the State submit?
    B. Are there other versions of these documents?
    C. What is the purpose of the submitted documents?
II. The EPA's Evaluation and Proposed Action
    A. How is the EPA evaluating the submitted documents?
    B. Do the documents meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the RACT SIPs
    D. Public Comment and Proposed Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What documents did the State submit?

    Table 1 lists the documents addressed by this proposal with the 
dates that they were adopted by the local air agency and submitted to 
the EPA by the California Air Resources Board (CARB).

                      Table 1--Submitted Documents
------------------------------------------------------------------------
   Local agency           Document            Adopted        Submitted
------------------------------------------------------------------------
MDAQMD............  MDAQMD 8-Hour                9/25/06       7/11/2007
                     Reasonably
                     Available Control
                     Technology--State
                     Implementation Plan
                     Analysis (RACT SIP
                     Analysis) ``2006
                     RACT SIP''.
MDAQMD............  MDAQMD 2015 8-Hour           2/23/15        9/9/2015
                     Reasonably
                     Available Control
                     Technology --State
                     Implementation Plan
                     Analysis (2015 RACT
                     SIP Analysis)
                     ``2015 RACT SIP''.
MDAQMD............  MDAQMD Federal               2/23/15        9/9/2015
                     Negative
                     Declarations for
                     Nineteen Control
                     Techniques
                     Guidelines Source
                     Categories
                     ``Negative
                     Declarations for 19
                     CTGs''.
------------------------------------------------------------------------

    In addition to these SIP submittals, the District and CARB 
transmitted commitment letters to the EPA to adopt and submit specific 
enforceable measures within a year of our anticipated approval date 
that would remedy the deficiencies identified in the 2017 MDAQMD and 
CARB letters to the EPA.\1\
---------------------------------------------------------------------------

    \1\ Letters from Brad Poiriez, Mojave Desert Air Quality 
Management District (MDAQMD) to Alexis Strauss, U.S. Environmental 
Protection Agency (EPA) and Richard Corey, California Air Resources 
Board (CARB), dated September 25, 2017 and September 27, 2017. 
Letter from Jon Taylor, CARB, to Alexis Strauss, EPA, dated October 
3, 2017.
---------------------------------------------------------------------------

    On January 11, 2008, the submittal for MDAQMD's RACT SIP for the 
1997 8-hour ozone NAAQS (2006 RACT SIP) was deemed by operation of law 
to meet the completeness criteria in Title 40 of the Code of Federal 
Regulations (CFR) part 51 Appendix V, which must be met before formal 
EPA review. On March 9, 2016, the submittal for the MDAQMD's 2015 RACT 
SIP, including negative declarations for 19 CTGs, was found to meet the 
completeness criteria.

B. Are there other versions of these documents?

    There are no previous versions of these documents in the MDAQMD 
portion of the California SIP for the 1997 or 2008 8-hour ozone 
standards.

C. What is the purpose of the submitted documents?

    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 regulations that control VOCs and NOX 
emissions. Sections 182(b)(2) and (f) require that SIPs for ozone 
nonattainment areas classified as Moderate or above implement RACT for 
any source covered by a Control Techniques Guidelines (CTG) document 
and for any major source of VOCs or NOX. The MDAQMD is 
subject to this requirement as it regulates the San Bernardino portion 
of the Western Mojave Desert ozone nonattainment area that was 
previously designated and classified as a Moderate nonattainment area 
for the 1997 NAAQS and is currently classified as a Severe-15 ozone 
nonattainment area for the 1997 and the 2008 8-hour ozone NAAQS.\2\ 
Therefore, the MDAQMD must, at a minimum, adopt RACT-level controls for 
all sources covered by a CTG document and for all major non-CTG sources 
of VOCs or NOX within the nonattainment area. Any stationary 
source that emits or has the potential to emit at least 100 tons per 
year of VOCs or NOX is a major stationary source in a 
Moderate ozone nonattainment area (CAA section 182(b)(2), (f) and 
302(j)), and any stationary source that emits or has the potential to 
emit at least 25 tons per year of VOCs or NOX is a major 
stationary source in a Severe ozone nonattainment area (CAA sections 
182(d) and (f)).
---------------------------------------------------------------------------

    \2\ 40 CFR 81.305; 69 FR 23858 at 23884 (April 30, 2004) (final 
rule designating and classifying Western Mojave Desert as a Subpart 
2/Moderate nonattainment for the 1997 8-hour ozone NAAQS); 77 FR 
26950 (May 8, 2012) (final rule reclassifying Western Mojave Desert 
as Severe-15 nonattainment for the 1997 8-hour ozone NAAQS); and 77 
FR 30088 at 30100 (May 21, 2012) (final rule designating and 
classifying Western Mojave Desert as Severe-15 nonattainment for the 
2008 8-hour ozone NAAQS). Western Mojave Desert is listed in the 
final rulemaking under ``Los Angeles-San Bernardino Cos (W Mojave 
Desert), CA: Los Angeles County (part).'' The EPA evaluated MDAQMD's 
2006 RACT SIP submittal as a Moderate ozone nonattainment area since 
the District adopted its 2006 certification based on that 
classification. On March 13, 2014, the MDAQMD provided additional 
information to supplement its 2006 RACT SIP, to address the EPA's 
September 11, 2006 comments on the 2006 RACT SIP.
---------------------------------------------------------------------------

    Section IV.G of the preamble to the EPA's final rule to implement 
the 1997 8-hour ozone NAAQS (70 FR 71612, November 29, 2005) discusses 
RACT

[[Page 54311]]

requirements. It states in part that where a RACT SIP is required, 
states implementing the 8-hour standard generally must assure that RACT 
is implemented, either through a certification that previously required 
RACT controls still represent RACT for 8-hour implementation purposes 
or through a new RACT determination. Section III.D of the preamble to 
the EPA's final rule to implement the 2008 ozone NAAQS (80 FR 12264, 
March 6, 2015) discusses similar requirements for RACT. The submitted 
documents provide MDAQMD's analyses of its compliance with the CAA 
section 182 RACT requirements for the 1997 and 2008 8-hour ozone NAAQS. 
The EPA's technical support documents (TSDs) \3\ have more information 
about the District's submissions and the EPA's evaluations thereof.
---------------------------------------------------------------------------

    \3\ The docket for this proposed action contains two TSDs, one 
addressing the 2006 RACT SIP, and one addressing the 2015 RACT SIP 
and Negative Declarations for 19 CTGs.
---------------------------------------------------------------------------

II. The EPA's Evaluation and Proposed Action

A. How is the EPA evaluating the submitted documents?

    SIP rules must require RACT for each category of sources covered by 
a CTG document as well as each major source of VOCs or NOX 
in ozone nonattainment areas classified as Moderate or above (see CAA 
section 182(b)(2)). The MDAQMD regulates a Severe ozone nonattainment 
area (see 40 CFR 81.305), so the District's rules must implement RACT.
    States should also submit for SIP approval negative declarations 
for those source categories for which they are not adopting CTG-based 
regulations (because they have no sources above the CTG recommended 
threshold) regardless of whether such negative declarations were made 
for an earlier SIP.\4\ To do so, the submittal should provide 
reasonable assurance that no sources subject to the CTG requirements 
currently exist or are planned for the MDAQMD.
---------------------------------------------------------------------------

    \4\ 57 FR 13498, 13512 (April 16, 1992). The EPA previously 
approved several negative declarations submitted by MDAQMD. See 76 
FR 29153 (May 20, 2011).
---------------------------------------------------------------------------

    The District's analysis must demonstrate that each major source of 
NOX or VOCs in the nonattainment area is covered by a RACT-
level rule. In addition, for each CTG source category, the District 
must either demonstrate that a RACT-level rule is in place, or submit a 
negative declaration. Guidance and policy documents that we use to 
evaluate CAA section 182 RACT requirements include the following:

    1. ``Final Rule to Implement the 8-hour Ozone National Ambient 
Air Quality Standard--Phase 2'': (70 FR 71612; November 29, 2005).
    2. ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 
57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    3. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, 
and Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 
11, 1990).
    4. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    5. ``State Implementation Plans; Nitrogen Oxides Supplement to 
the General Preamble; Clean Air Act Amendments of 1990 
Implementation of Title I; Proposed Rule,'' (the NOX 
Supplement), 57 FR 55620, November 25, 1992.
    6. Memorandum from William T. Harnett to Regional Air Division 
Directors, (May 18, 2006), ``RACT Qs & As--Reasonably Available 
Control Technology (RACT) Questions and Answers.''
    7. 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.
    8. RACT SIPs, Letter dated April 4, 2006 from EPA Region IX 
(Andrew Steckel) to CARB (Kurt Karperos) listing EPA's current CTGs, 
ACTs, and other documents which may help to establish RACT.
    9. ``Implementation of the 2008 National Ambient Air Quality 
Standards for Ozone: State Implementation Plan Requirements'' (80 FR 
12264; March 6, 2015).

    With respect to major stationary sources, because the Western 
Mojave Desert ozone nonattainment area was classified as ``Moderate'' 
nonattainment for the 1997 8-hour ozone NAAQS at the time that 
California submitted the 2006 RACT SIP to the EPA, the EPA evaluated 
this submission in accordance with the 100 ton per year (tpy) threshold 
for ``major stationary sources'' of VOCs or NOX emissions in 
Moderate ozone nonattainment areas. (see CAA sections 182(b)(2) and 
(f)).
    MDAQMD's 2015 RACT SIP submittal contains the District's RACT 
evaluation for major stationary sources in accordance with the 25 tpy 
threshold for major stationary sources of VOCs or NOX 
emissions in Severe ozone nonattainment areas. (see CAA sections 182(d) 
and (f)). The EPA also evaluated MDAQMD's submittals for compliance 
with the additional RACT requirements that became applicable following 
the EPA's reclassification of the Western Mojave Desert ozone 
nonattainment area from ``Moderate'' to ``Severe'' nonattainment for 
the 1997 8-hour ozone NAAQS and classification as a Severe ozone 
nonattainment area for the 2008 8-hour ozone NAAQS.

B. Do the documents meet the evaluation criteria?

    We find that the District's submissions are largely consistent with 
the applicable CAA requirements. The District has identified rule 
deficiencies for certain rules, and in light of the District's 
commitment to adopt specific enforceable measures to remedy the 
identified rule deficiencies, the EPA will propose to conditionally 
approve portions of the submittals.
    The SIP submittals and supplementary material demonstrate that all 
of the identified SIP rules implement RACT for the applicable CTG 
categories and for the major non-CTG stationary sources of VOCs and 
NOX for the 1997 and 2008 8-hour ozone NAAQS, with the 
exception of the following rules: Rule 461, Gasoline Transfer and 
Dispensing; Rule 462, Organic Liquid Loading; Rule 463, Storage of 
Organic Liquids; Rule 1104, Organic Solvent Degreasing; Rule 1106, 
Marine Coating Operations; Rule 1114, Wood Products Coating Operations; 
Rule 1115, Metal Parts & Product Coating Operations; Rule 1157, Boilers 
and Process Heaters; Rule 1160, Internal Combustion Engines; Rule 1161, 
and Portland Cements Kilns; Rule 1162, Polyester Resin Operations.
    On February 24, 2017, CARB submitted an updated version of Rule 
1106, Marine Coating Operations. The EPA has concluded that the 
District's revisions of this rule cure the deficiencies identified by 
the District in its 2015 RACT SIP Analysis. We are proposing approval 
of this rule in parallel with the present proposed action.
    On September 25, 2017 and September 27, 2017, the District 
transmitted to CARB and the EPA commitments to adopt new or revised 
rules that will resolve the identified rule deficiencies in the 
remaining rules, and to transmit these rules to CARB no later than 
December 31, 2018. On October 3, 2017, CARB committed to submit these 
rules to the EPA no later than January 31, 2019.\5\ These letters 
commit the District to adopt specific enforceable measures to correct 
the rule deficiencies, commit the state to submit them to the EPA by a 
date certain, and are clear and enforceable. Accordingly, we believe 
these commitment letters are consistent with CAA requirements regarding 
conditional approval for the

[[Page 54312]]

2006 and 2015 RACT SIPs with respect to the rules cited above.\6\ See 
CAA section 110(k)(4).
---------------------------------------------------------------------------

    \5\ Letters from Brad Poiriez, Mojave Desert Air Quality 
Management District (MDAQMD) to Alexis Strauss, U.S. Environmental 
Protection Agency (EPA) and Richard Corey, California Air Resources 
Board (CARB), dated September 25 and September 27, 2017. Letter from 
Jon Taylor, CARB, to Alexis Strauss, EPA, dated October 3, 2017.
    \6\ We note that the District has begun acting on its 
commitment. MDAQMD has drafted revisions to Rules 461, 462, 463 and 
1115 and is in the process of responding to EPA's comments on the 
preliminary draft amendments.
---------------------------------------------------------------------------

    Where there are no existing sources covered by a particular CTG 
document, states may, in lieu of adopting RACT requirements for those 
sources, adopt negative declarations certifying that there are no such 
sources in the relevant nonattainment area. On September 9, 2015, CARB 
submitted for SIP inclusion MDAQMD's negative declarations for 19 CTG 
source categories. The District certified that it examined its permit 
files, emissions inventory and other documentation and determined that 
there are no sources in the CTG source categories listed in Table 2.\7\ 
The District adopted the negative declarations on February 23, 2015, 
after reasonable notice and public comment.\8\ We searched CARB's 
emissions inventory database and verified that there did not appear to 
be facilities in the MDAQMD that might be subject to the 19 CTG 
categories. We conclude that these negative declarations are consistent 
with the relevant policy and guidance regarding RACT. The TSDs for 
today's action have more information on our evaluation.
---------------------------------------------------------------------------

    \7\ Mojave Desert Air Quality Management District Federal 
Negative Declaration (8 hr Ozone Standard) for Nineteen CTG 
Categories, signed by Eldon Heaston, Executive Officer, signed on 
January 13, 2015, and Board adopted on February 23, 2015.
    \8\ See Resolution 15-03; February 23, 2015.
    \9\ The District also lists ``Protocol for Determining the Daily 
VOC Emission Rate of Automobile and Light-Duty Truck Primer-Surfacer 
and Topcoat Operations (EPA 453/R-08-002, 09/08),'' however, this 
document is not a CTG.
    \10\ The District also lists ``Control Techniques for VOC 
Emissions from Stationary Sources: Industrial Manufacturing 
Processes (EPA-453/R-92-018, 12/92, NTIS PB-93-150-258),'' however, 
this is not a CTG document.

                     Table 2--Negative Declarations
------------------------------------------------------------------------
     CTG source category                 CTG reference document
------------------------------------------------------------------------
Large Petroleum Dry Cleaners.  EPA 450/3-82-009, 9/82 Control of VOC
                                Emissions from Large Petroleum Dry
                                Cleaners.
Manufacture of High-Density    EPA-450/3-83-008, 11/83 Control of
 Polyethylene, Polypropylene,   Volatile Organic Compound Emissions from
 and Polystyrene Resins.        Manufacture of High-Density
                                Polyethylene, Polypropylene, and
                                Polystyrene Resins.
Manufacture of Pneumatic       EPA-450/2-78-030, Control of Volatile
 Rubber Tires.                  Organic Emissions from Manufacture of
                                Pneumatic Rubber Tires.
Surface Coating of Cans......  EPA-450/2-77-008, 5/77 Control of
                                Volatile Organic Emissions from Existing
                                Stationary Sources--Vol. II: Surface
                                Coating of Cans, Coils, Paper, Fabrics,
                                Automobiles, and Light-Duty Trucks.
Surface Coating of Coils.....  EPA-450/2-77-008, 5/77 Control of
                                Volatile Organic Emissions from Existing
                                Stationary Sources--Vol. II: Surface
                                Coating of Cans, Coils, Paper, Fabrics,
                                Automobiles, and Light-Duty Trucks.
Surface Coating Operations at  EPA 453/R-08-006, 09/08, Control
 Automotive and Light Duty      Technique Guidelines for Automobile and
 Truck Assembly Plants.         Light-Duty Truck Assembly Coatings.\9\
                               EPA-450/2-77-008, 5/77 Control of
                                Volatile Organic Emissions from Existing
                                Stationary Sources--Vol. II: Surface
                                Coating of Cans, Coils, Paper, Fabrics,
                                Automobiles, and Light-Duty Trucks.
Large Appliances, Surface      EPA-450/2-77-034, 12/77 Control of
 Coatings.                      Volatile Organic Emissions from Existing
                                Stationary Sources--Volume V: Surface
                                Coating of Large Appliances.
                               EPA 453/R-07-004, 09/07, Control
                                Techniques Guidelines for Large
                                Appliance Coatings.
Surface Coating of Magnet      EPA-450/2-77-033, 12/77 Control of
 Wire.                          Volatile Organic Emissions from Existing
                                Stationary Sources, Volume IV: Surface
                                Coating of Insulation of Magnet Wire.
Vacuum Producing Devices or    EPA-450/2-77-025, 10/77 Control of
 Systems.                       Refinery Vacuum Producing Systems,
                                Wastewater Separators, and Process Unit
                                Turnarounds.
Leaks from Petroleum Refinery  EPA-450/2-77-025, 10/77 Control of
 Equipment.                     Refinery Vacuum Producing Systems,
                                Wastewater Separators, and Process Unit
                                Turnarounds.
Process Unit Turnarounds.....  EPA-450/2-77-025, 10/77 Control of
                                Refinery Vacuum Producing Systems,
                                Wastewater Separators, and Process Unit
                                Turnarounds.
Equipment Leaks from Natural   EPA-450/3-83-007,12/83 Control of
 Gas/Gasoline Processing        Volatile Organic Compound Equipment
 Plants.                        Leaks from Natural Gas/Gasoline
                                Processing Plants.
Manufacture of Synthesized     EPA-450/2-78-029, 12/78 Control of
 Pharmaceutical Products.       Volatile Organic Emissions from
                                Manufacture of Synthesized
                                Pharmaceutical Products.\10\
Air Oxidation Processes        EPA-450/3-84-015, 12/84 Control of
 (SOCMI).                       Volatile Organic Compound Emissions from
                                Air Oxidation Process in Synthetic
                                Organic Chemical Manufacturing Industry
                                (SOCMI).
Reactor and Distillation       EPA-450/4-91-031, 08/93 Control of
 Processes (SOCMI).             Volatile Organic Compound Emissions from
                                Reactor Process and Distillation
                                Operations in SOCMI.
Equipment used in Synthetic    EPA-450/3-83-006, 03/84 Control of
 Organic Chemical Polymers      Volatile Organic Compound Leaks from
 and Resin Manufacturing.       Synthetic Organic Chemical Polymer and
                                Resin Manufacturing Equipment.
Leaks from Petroleum Refinery  EPA-450/2-78-036, 06/78 Control of
 Equipment.                     Volatile Organic Compound Leaks from
                                Petroleum Refinery Equipment.
Metal Furniture Coating......  EPA-450/2-77-032, 12/77 Control of
                                Volatile Organic Emissions from Existing
                                Stationary Sources--Volume III: Surface
                                Coating of Metal Furniture.
                               EPA 453/R-07-005, 09/07 Control
                                Techniques Guidelines for Metal
                                Furniture Coatings.
Flat Wood Paneling...........  EPA-450/2-78-032, 06/78 Control of
                                Volatile Organic Emissions from Existing
                                Stationary Sources--Volume VII: Factory
                                Surface Coating of Flat Wood Paneling.
                               EPA-453/R-06-004, 09/06 Control
                                Techniques Guidelines for Flat Wood
                                Paneling Coatings.
------------------------------------------------------------------------

    Accordingly, the District's 2006 and 2015 RACT SIP submittals 
satisfy the CAA section 182 RACT requirements, with the exception of 
the rules identified above, which the District has either already 
corrected, or has committed to correct.

[[Page 54313]]

    Our 2006 and 2015 RACT SIP TSDs have more information on our 
evaluation.

C. EPA Recommendations To Further Improve the RACT SIPs

    The 2015 RACT SIP TSD describes recommendations if additional 
emission reductions are needed for the next time the local agency 
modifies its rules.

D. Public Comment and Proposed Action

    If a portion of a plan revision meets all the applicable CAA 
requirements, section 110(k)(3) authorizes the EPA to approve the plan 
revision in part. 42 U.S.C. 7410(k)(3). In addition, section 110(k)(4) 
authorizes the EPA to conditionally approve a plan revision based on a 
commitment by the state to adopt specific enforceable measures by a 
date certain but not later than one year after the date of the plan 
approval. 42 U.S.C. 7410(k)(4). In this instance, the enforceable 
measures that the state must submit are new or revised rules that 
correct the rule deficiencies identified above. On October 3, 2017, the 
state transmitted a commitment letter dated September 25, 2017 from the 
MDAQMD to adopt and transmit rules or rule revisions to the state that 
correct the deficiencies identified in Rule 461, Gasoline Transfer and 
Dispensing; Rule 462, Organic Liquid Loading; Rule 463, Storage of 
Organic Liquids; Rule 1104, Organic Solvent Degreasing; Rule 1114, Wood 
Products Coating Operations; Rule 1115, Metal Parts and Product Coating 
Operations; Rule 1157, Boilers and Process Heaters; Rule 1160, Internal 
Combustion Engines; Rule 1161, Portland Cement Kilns; and Rule 1162, 
Polyester Resin Operations no later than December 31, 2018. The state 
also transmitted a second commitment letter from MDAQMD dated September 
27, 2017 to adopt and transmit revised Rule 1104, Organic Solvent 
Degreasing and Rule 1162, Polyester Resin Operations no later than 
December 31, 2018. The state's transmittal letter commits the state to 
submit to the EPA these rules no later than January 31, 2019.
    If the MDAQMD or the state fail to comply with this commitment, 
this proposed conditional approval would convert to a disapproval and 
start an 18-month clock for sanctions under CAA section 179(a)(2) and a 
two-year clock for a federal implementation plan under CAA section 
110(c)(1).
    As authorized in section 110(k)(3) and (4) of the Act, the EPA 
proposes to partially conditionally approve MDAQMD's 2006 and 2015 RACT 
SIPs with respect to Rule 461, Gasoline Transfer and Dispensing; Rule 
462, Organic Liquid Loading; Rule 463, Storage of Organic Liquids; Rule 
1104, Organic Solvent Degreasing; Rule 1114, Wood Products Coating 
Operations; Rule 1115, Metal Parts and Product Coating Operations; Rule 
1157, Boilers and Process Heaters; Rule 1160, Internal Combustion 
Engines; Rule 1161, Portland Cement Kilns; and Rule 1162, Polyester 
Resin Operations. Simultaneously, EPA proposes to partially approve the 
remainder of MDAQMD's 2006 and 2015 RACT SIPs, and to fully approve 
MDAQMD's negative declarations, submitted on September 9, 2015.
    We will accept comments from the public on this proposal until 
December 18, 2017. If we take final action to approve the submitted 
documents, our final action will incorporate these documents into the 
SIP.

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action 
because actions such as SIP approvals are exempted under Executive 
Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because this action does not impose additional requirements 
beyond those imposed by state law.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities beyond those 
imposed by state law.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
state, local, or tribal governments, or to the private sector, will 
result from this action.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

G. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because the SIP is not approved to apply on any 
Indian reservation land or in any other area where the EPA or an Indian 
tribe has demonstrated that a tribe has jurisdiction, and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law. Thus, Executive Order 13175 does not apply to this action.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not impose additional 
requirements beyond those imposed by state law.

I. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because

[[Page 54314]]

application of those requirements would be inconsistent with the CAA.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    The EPA lacks the discretionary authority to address environmental 
justice in this rulemaking.

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: November 6, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-25017 Filed 11-16-17; 8:45 am]
 BILLING CODE 6560-50-P