Air Plan Approval; California; Mojave Desert Air Quality Management District; California; Ventura County; 8-Hour Ozone Nonattainment Area Requirements; Clean Air Plans; 2008 8-Hour Ozone Nonattainment Area Requirements; Determination of Attainment by the Attainment Date; Imperial County, CA, 11812-11814 [2020-03251]

Download as PDF 11812 Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2019–0439; FRL–10005– 31–Region 9] Air Plan Approval; California; Mojave Desert Air Quality Management District; California; Ventura County; 8-Hour Ozone Nonattainment Area Requirements; Clean Air Plans; 2008 8Hour Ozone Nonattainment Area Requirements; Determination of Attainment by the Attainment Date; Imperial County, CA Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Mojave Desert Air Quality Management District (MDAQMD) portion of the California State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOC) from Metal Parts and Products Coating Operations, SUMMARY: and Polyester Resin Operations. We are approving two local rules that regulate these emission sources under the Clean Air Act (CAA or the Act) as well as approving negative declarations for three subcategories of control techniques guidelines (CTG) sources in the MDAQMD. In addition, we are converting the partial conditional approval of the District’s reasonably available control technology (RACT) SIPs for the 1997 and 2008 ozone standards, as it applies to these two rules, to a full approval. DATES: These rules and negative declarations will be effective on March 30, 2020. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R09–OAR–2019–0439. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on Local agency MDAQMD MDAQMD MDAQMD MDAQMD Arnold Lazarus, EPA Region IX, 75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 972–3024 or by email at Lazarus.Arnold@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. Incorporation by Reference V. Statutory and Executive Order Reviews I. Proposed Action On December 4, 2019 (84 FR 66345), the EPA proposed to approve the following rules and negative declarations into the California SIP. Amended/ adopted Rule 1115 Metal Parts and Products Coating Operations .................................................... Rule 1162 Polyester Resin Operations .................................................................................. Federal Negative Declarations for Two Control Techniques Guidelines Source Categories .. Federal Negative Declaration for One Control Techniques Guidelines Source Category (Motor Vehicle Materials). We proposed to approve these rules and negative declarations because we determined that they comply with the relevant CAA requirements. Our proposed action contains more information on the rules, negative declarations and our evaluation. 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.1 III. EPA Action lotter on DSKBCFDHB2PROD with RULES3 FOR FURTHER INFORMATION CONTACT: Document title ......... ......... ......... ......... No comments were submitted. Therefore, as authorized in section 110(k)(3) of the Act, the EPA is fully approving these rules and negative declarations into the California SIP. The EPA is also removing from 40 CFR 52.248(d)(1) the conditional approval of the District’s RACT SIPs for the 1997 and 2008 ozone standards, with respect to these two rules. 1 The EPA received one submission on this docket through www.regulations.gov but that submission was blank. VerDate Sep<11>2014 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. 20:16 Feb 26, 2020 Jkt 250001 IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the MDAQMD rules described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents available through www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). V. 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 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 01/22/2018 04/23/2018 04/23/2018 10/22/2018 Submitted 05/23/2018 07/16/2018 07/16/2018 12/07/2018 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); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; • 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 E:\FR\FM\27FER3.SGM 27FER3 lotter on DSKBCFDHB2PROD with RULES3 Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Rules and Regulations 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 April 27, 2020. 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 VerDate Sep<11>2014 20:16 Feb 26, 2020 Jkt 250001 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, Ozone, Particulate matter, Reporting and recordkeeping requirements, VOC. Dated: January 29, 2020. Deborah Jordan, Acting Regional Administrator, Region IX. Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart F—California 2. Section 52.220 is amended by adding paragraphs (c)(239)(i)(A)(3), (c)(354)(i)(B)(2), and (c)(518)(i)(A)(2), revising paragraph (c)(519) introductory text, and adding paragraphs (c)(519)(i)(A)(2), (c)(519)(ii), and (c)(531) to read as follows: ■ § 52.220 Identification of plan-in part. * * * * * (c) * * * (239) * * * (i) * * * (A) * * * (3) Previously approved on December 23, 1997 in paragraph (c)(239)(i)(A)(2) of this section and now deleted with replacement in paragraph (c)(518)(i)(A)(2) of this section, Rule 1115, adopted on March 2, 1992 and amended on April 22, 1996. * * * * * (354) * * * (i) * * * (B) * * * (2) Previously approved on November 24, 2008 in paragraph (c)(354)(i)(B)(1) of this section and now deleted with replacement paragraph (c)(519)(i)(A)(2) of this section, Rule 1162, ‘‘Polyester Resin Operations,’’ adopted on August 27, 2007. * * * * * (518) * * * (i) * * * (A) * * * PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 11813 (2) Rule 1115, ‘‘Metal Parts and Products Coating Operations,’’ amended on January 22, 2018. * * * * * (519) New and amended regulations and additional materials for the following APCDs were submitted on July 16, 2018 by the Governor’s designee. (i) * * * (A) * * * (2) Rule 1162, ‘‘Polyester Resin Operations,’’ amended on April 23, 2018. * * * * * (ii) Additional materials. (A) Mojave Desert Air Quality Management District. (1) Federal Negative Declaration (8 hr Ozone Standard) for Two Control Technologies Guidelines Source Categories, approved on April 23, 2018. (2) [Reserved] (B) [Reserved] * * * * * (531) The following additional material was submitted on December 7, 2018 by the Governor’s designee. (i) [Reserved] (ii) Additional materials. (A) Mojave Desert Air Quality Management District. (1) Federal Negative Declaration (8 hr Ozone Standard) for One Control Technologies Guidelines Source Category, approved on October 22, 2018. (2) [Reserved] * * * * * 3. Section 52.222 is amended by adding paragraphs (a)(1)(viii) and (ix) to read as follows: ■ § 52.222 Negative declarations. (a) * * * (1) * * * (viii) The following negative declarations for the 2008 ozone standard were adopted by the District on April 23, 2018 and submitted to EPA on July 16, 2018: Miscellaneous Metal and Plastic Parts Coatings (EPA–453/R–08– 003), Table 3—Plastic Parts and Products, and Table 4—Automotive/ Transportation and Business Machine Plastic Parts. (ix) The following negative declaration for the 2008 ozone standard was adopted by the District on October 22, 2018, and submitted to EPA on December 7, 2018: Miscellaneous Metal and Plastic Parts Coatings (EPA–453/R– 08–003), Table 6—Motor Vehicle Materials. * * * * * E:\FR\FM\27FER3.SGM 27FER3 11814 § 52.248 Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Rules and Regulations [Amended] 4. Section 52.248 is amended by removing and reserving paragraphs (d)(1)(vi) and (x). ■ [FR Doc. 2020–03251 Filed 2–26–20; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2018–0146; FRL–10005– 67–Region 9] Approval of Air Quality Implementation Plans; California; Ventura County; 8-Hour Ozone Nonattainment Area Requirements Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: lotter on DSKBCFDHB2PROD with RULES3 Table of Contents The Environmental Protection Agency (EPA) is taking final action to approve portions of two state implementation plan (SIP) revisions submitted by the State of California to meet Clean Air Act (CAA or ‘‘the Act’’) requirements for the 2008 8-hour ozone national ambient air quality standards (NAAQS or ‘‘standards’’) in the Ventura County, California (‘‘Ventura County’’) ozone nonattainment area. The two SIP revisions include the ‘‘Final 2016 Ventura County Air Quality Management Plan,’’ and the Ventura County portion of the ‘‘2018 Updates to the California State Implementation Plan.’’ In this action, the EPA refers to these submittals collectively as the ‘‘2016 Ventura County Ozone SIP.’’ The 2016 Ventura County Ozone SIP addresses the nonattainment area requirements for the 2008 ozone NAAQS, including the requirements for an emissions inventory, attainment demonstration, reasonable further progress, reasonably available control measures, contingency measures, among others; and establishes motor vehicle emissions budgets. The EPA is taking final action to approve the 2016 Ventura County Ozone SIP as meeting all the applicable ozone nonattainment area requirements except for the contingency measure requirement, for which the EPA will be taking final action in a separate document. DATES: This rule will be effective on March 30, 2020. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R09–OAR–2018–0146. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, SUMMARY: VerDate Sep<11>2014 20:16 Feb 26, 2020 Jkt 250001 some information is not publicly available, e.g., Confidential Business Information (CBI) 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: John Kelly, Air Planning Office (AIR–2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105, (415) 947–4151, or by email at kelly.johnj@epa.gov. SUPPLEMENTARY INFORMATION: I. Summary of the Proposed Action II. Public Comments and EPA Responses III. Final Action IV. Statutory and Executive Order Reviews I. Summary of the Proposed Action On December 20, 2019 (84 FR 70109), the EPA proposed to approve, under CAA section 110(k)(3), and to approve conditionally, under CAA section 110(k)(4), all or portions of submittals from the California Air Resources Board (CARB) of revisions to the California SIP for the Ventura County ozone nonattainment area for the 2008 ozone NAAQS.1 The relevant SIP revisions include Ventura County Air Pollution Control District’s (VCAPCD’s or ‘‘District’s’’) Final 2016 Ventura County Air Quality Management Plan (‘‘2016 Ventura County AQMP’’), and the Ventura County portion of CARB’s 2018 Updates to the California State Implementation Plan (‘‘2018 SIP Update’’). Collectively, we refer to the 2016 Ventura County AQMP and the relevant portion of the 2018 SIP Update as the ‘‘2016 Ventura County Ozone SIP,’’ and we refer to our December 20, 2019 proposed rule as the ‘‘proposed rule.’’ Our proposed conditional approval of the contingency measure element of the 2016 Ventura County AQMP relied on specific commitments: (1) From the District to modify an existing rule or rules that would provide for additional emissions reductions in the event that Ventura County fails to meet a 1 Ventura County lies within California’s South Central Coast Air Basin, which includes the counties of Santa Barbara and San Luis Obispo in addition to Ventura County. The Ventura County ozone nonattainment area for the 2008 ozone NAAQS includes the entire county except for the Channel Islands of Anacapa and San Nicolas Islands. See 40 CFR 81.305. PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 reasonable further progress (RFP) milestone or fails to attain the 2008 ozone NAAQS by the applicable attainment date, and (2) from CARB to submit the revised District rule(s) to the EPA as a SIP revision within 12 months of our final action.2 For more information on the SIP revision submittals and related commitments, please see our proposed rule. In our proposed rule, we provided background information on the ozone standards,3 area designations, and related SIP revision requirements under the CAA, and the EPA’s implementing regulations for the 2008 ozone standards, referred to as the 2008 Ozone SIP Requirements Rule (‘‘2008 Ozone SRR’’). To summarize, the Ventura County ozone nonattainment area is classified as Serious for the 2008 ozone standards, and the 2016 Ventura County Ozone SIP was developed to address the requirements for this Serious nonattainment area for the 2008 ozone NAAQS. For our proposed rule, we reviewed the various SIP elements contained in the 2016 Ventura County Ozone SIP, evaluated them for compliance with statutory and regulatory requirements, and concluded that they meet all applicable requirements with the exception of the contingency measure element. More specifically, in our proposal rule, we based our proposed actions on the following determinations: • CARB and the District have met all applicable procedural requirements for public notice and hearing prior to the adoption and submittal of the 2016 Ventura County AQMP and 2018 SIP Update (see 84 FR 70109, 70112–70113 from the proposed rule); • The 2012 base year emissions inventory from the 2016 Ventura County AQMP is comprehensive, accurate, and current and thereby meets the requirements of CAA sections 172(c)(3) and 182(a)(1) and 40 CFR 51.1115 for the 2008 ozone NAAQS, and future year baseline projections reflect appropriate calculation methods and the latest planning assumptions and are properly 2 Letter dated August 16, 2019 from Michael Villegas, Air Pollution Control Officer, VCAPCD, to Richard Corey, Executive Officer, CARB; and letter dated August 30, 2019 from Richard W. Corey, Executive Officer, CARB to Mike Stoker, Regional Administrator, Region IX. 3 Ground-level ozone pollution is formed from the reaction of volatile organic compounds (VOC) and oxides of nitrogen (NOX) in the presence of sunlight. The 2008 ozone NAAQS is 0.075 parts per million (ppm) (eight-hour average). CARB refers to reactive organic gases (ROG) in some of its ozonerelated submittals. The CAA and the EPA’s regulations refer to VOC, rather than ROG, but both terms cover essentially the same set of gases. In this final rule, we use the Federal term (VOC) to refer to this set of gases. E:\FR\FM\27FER3.SGM 27FER3

Agencies

[Federal Register Volume 85, Number 39 (Thursday, February 27, 2020)]
[Rules and Regulations]
[Pages 11812-11814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03251]



[[Page 11811]]

Vol. 85

Thursday,

No. 39

February 27, 2020

Part VI





Environmental Protection Agency





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





40 CFR Part 52





Air Quality State Implementation Plans; Final Rule

Federal Register / Vol. 85 , No. 39 / Thursday, February 27, 2020 / 
Rules and Regulations

[[Page 11812]]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0439; FRL-10005-31-Region 9]


Air Plan Approval; California; Mojave Desert Air Quality 
Management District; California; Ventura County; 8-Hour Ozone 
Nonattainment Area Requirements; Clean Air Plans; 2008 8-Hour Ozone 
Nonattainment Area Requirements; Determination of Attainment by the 
Attainment Date; Imperial County, CA

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the Mojave Desert Air Quality Management 
District (MDAQMD) portion of the California State Implementation Plan 
(SIP). These revisions concern emissions of volatile organic compounds 
(VOC) from Metal Parts and Products Coating Operations, and Polyester 
Resin Operations. We are approving two local rules that regulate these 
emission sources under the Clean Air Act (CAA or the Act) as well as 
approving negative declarations for three subcategories of control 
techniques guidelines (CTG) sources in the MDAQMD. In addition, we are 
converting the partial conditional approval of the District's 
reasonably available control technology (RACT) SIPs for the 1997 and 
2008 ozone standards, as it applies to these two rules, to a full 
approval.

DATES: These rules and negative declarations will be effective on March 
30, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2019-0439. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) 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: Arnold Lazarus, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3024 or by 
email at [email protected].

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. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On December 4, 2019 (84 FR 66345), the EPA proposed to approve the 
following rules and negative declarations into the California SIP.

----------------------------------------------------------------------------------------------------------------
                                                                                     Amended/
              Local agency                            Document title                  adopted        Submitted
----------------------------------------------------------------------------------------------------------------
MDAQMD.................................  Rule 1115 Metal Parts and Products           01/22/2018      05/23/2018
                                          Coating Operations.
MDAQMD.................................  Rule 1162 Polyester Resin Operations...      04/23/2018      07/16/2018
MDAQMD.................................  Federal Negative Declarations for Two        04/23/2018      07/16/2018
                                          Control Techniques Guidelines Source
                                          Categories.
MDAQMD.................................  Federal Negative Declaration for One         10/22/2018      12/07/2018
                                          Control Techniques Guidelines Source
                                          Category (Motor Vehicle Materials).
----------------------------------------------------------------------------------------------------------------

We proposed to approve these rules and negative declarations because we 
determined that they comply with the relevant CAA requirements. Our 
proposed action contains more information on the rules, negative 
declarations and our evaluation.

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.\1\
---------------------------------------------------------------------------

    \1\ The EPA received one submission on this docket through 
www.regulations.gov but that submission was blank.
---------------------------------------------------------------------------

III. EPA Action

    No comments were submitted. Therefore, as authorized in section 
110(k)(3) of the Act, the EPA is fully approving these rules and 
negative declarations into the California SIP. The EPA is also removing 
from 40 CFR 52.248(d)(1) the conditional approval of the District's 
RACT SIPs for the 1997 and 2008 ozone standards, with respect to these 
two rules.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
MDAQMD rules described in the amendments to 40 CFR part 52 set forth 
below. The EPA has made, and will continue to make, these documents 
available through www.regulations.gov and at the EPA Region IX Office 
(please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section of this preamble for more information).

V. 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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

[[Page 11813]]

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 April 27, 2020. 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, Ozone, Particulate matter, 
Reporting and recordkeeping requirements, VOC.

    Dated: January 29, 2020.
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)(239)(i)(A)(3), 
(c)(354)(i)(B)(2), and (c)(518)(i)(A)(2), revising paragraph (c)(519) 
introductory text, and adding paragraphs (c)(519)(i)(A)(2), 
(c)(519)(ii), and (c)(531) to read as follows:


Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (239) * * *
    (i) * * *
    (A) * * *
    (3) Previously approved on December 23, 1997 in paragraph 
(c)(239)(i)(A)(2) of this section and now deleted with replacement in 
paragraph (c)(518)(i)(A)(2) of this section, Rule 1115, adopted on 
March 2, 1992 and amended on April 22, 1996.
* * * * *
    (354) * * *
    (i) * * *
    (B) * * *
    (2) Previously approved on November 24, 2008 in paragraph 
(c)(354)(i)(B)(1) of this section and now deleted with replacement 
paragraph (c)(519)(i)(A)(2) of this section, Rule 1162, ``Polyester 
Resin Operations,'' adopted on August 27, 2007.
* * * * *
    (518) * * *
    (i) * * *
    (A) * * *
    (2) Rule 1115, ``Metal Parts and Products Coating Operations,'' 
amended on January 22, 2018.
* * * * *
    (519) New and amended regulations and additional materials for the 
following APCDs were submitted on July 16, 2018 by the Governor's 
designee.
    (i) * * *
    (A) * * *
    (2) Rule 1162, ``Polyester Resin Operations,'' amended on April 23, 
2018.
* * * * *
    (ii) Additional materials. (A) Mojave Desert Air Quality Management 
District.
    (1) Federal Negative Declaration (8 hr Ozone Standard) for Two 
Control Technologies Guidelines Source Categories, approved on April 
23, 2018.
    (2) [Reserved]
    (B) [Reserved]
* * * * *
    (531) The following additional material was submitted on December 
7, 2018 by the Governor's designee.
    (i) [Reserved]
    (ii) Additional materials. (A) Mojave Desert Air Quality Management 
District.
    (1) Federal Negative Declaration (8 hr Ozone Standard) for One 
Control Technologies Guidelines Source Category, approved on October 
22, 2018.
    (2) [Reserved]
* * * * *

0
3. Section 52.222 is amended by adding paragraphs (a)(1)(viii) and (ix) 
to read as follows:


Sec.  52.222  Negative declarations.

    (a) * * *
    (1) * * *
    (viii) The following negative declarations for the 2008 ozone 
standard were adopted by the District on April 23, 2018 and submitted 
to EPA on July 16, 2018: Miscellaneous Metal and Plastic Parts Coatings 
(EPA-453/R-08-003), Table 3--Plastic Parts and Products, and Table 4--
Automotive/Transportation and Business Machine Plastic Parts.
    (ix) The following negative declaration for the 2008 ozone standard 
was adopted by the District on October 22, 2018, and submitted to EPA 
on December 7, 2018: Miscellaneous Metal and Plastic Parts Coatings 
(EPA-453/R-08-003), Table 6--Motor Vehicle Materials.
* * * * *

[[Page 11814]]

Sec.  52.248  [Amended]

0
4. Section 52.248 is amended by removing and reserving paragraphs 
(d)(1)(vi) and (x).

[FR Doc. 2020-03251 Filed 2-26-20; 8:45 am]
 BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.