Air Plan Partial Approval and Partial Disapproval; California; San Diego, 48127-48132 [2020-16279]
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Federal Register / Vol. 85, No. 154 / Monday, August 10, 2020 / Proposed Rules
October 2015. Available in Docket No.
FDA–2011–N–0921 at https://
www.regulations.gov.
Dated: July 28, 2020.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2020–16800 Filed 8–5–20; 4:15 pm]
BILLING CODE 4164–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2020–0136; FRL–10012–
22–Region 9]
Air Plan Partial Approval and Partial
Disapproval; California; San Diego
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to partially
approve and partially disapprove
revisions to the San Diego Air Pollution
Control District (SDAPCD) portion of
the California State Implementation
Plan (SIP). These revisions concern the
District’s demonstration regarding
reasonably available control technology
(RACT) requirements and negative
declarations for the 2008 ozone national
ambient air quality standards (NAAQS
or ‘‘standards’’) in the San Diego ozone
SUMMARY:
nonattainment area (NAA) under the
jurisdiction of the SDAPCD. We are
taking comments on this proposal and
plan to follow with a final action.
DATES: Comments must be received on
or before September 9, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2020–0136 at https://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. 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
48127
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Nancy Levin, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3848 or by
email at 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 document did the State submit?
B. Are there other versions of this
document?
C. What is the purpose of the submitted
document?
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the
submitted document?
B. Does the document meet the evaluation
criteria?
C. What are the deficiencies?
D. EPA Recommendations to Further
Improve the RACT SIP
E. Public Comment And Proposed Action
III. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What document did the State submit?
Table 1 lists the document addressed
by this proposal with the date that it
was adopted by the local air agency and
submitted by the California Air
Resources Board (CARB).
TABLE 1—SUBMITTED DOCUMENT
Local agency
Document
Adopted
Submitted
SDAPCD ...........
2008 Eight-Hour Ozone Reasonably Available Control Technology Demonstration for San
Diego County (‘‘2016 RACT SIP’’).
12/14/16
4/12/2017
On October 12, 2017, the submittal for
the SDAPCD 2016 RACT SIP was
deemed by operation of law to meet the
completeness criteria in 40 CFR part 51
Appendix V, which must be met before
formal EPA review.
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B. Are there other versions of this
document?
There are no previous versions of the
RACT SIP and negative declarations in
the SDAPCD portion of the California
SIP for the 2008 ozone NAAQS.
C. What is the purpose of the submitted
document?
Emissions of volatile organic
compounds (VOCs) and oxides of
nitrogen (NOX) contribute to the
production of ground-level ozone, smog
and particulate matter (PM), which
harm human health and the
environment. Section 110(a) of the CAA
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requires states to submit regulations that
control VOC and NOX emissions.
Sections 182(b)(2) and (f) require that
SIPs for ozone NAAs 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 SDAPCD is subject to this
requirement as it regulates the San
Diego ozone NAA that was designated
and classified as a Moderate NAA for
the 2008 ozone NAAQS at the time of
submittal.1 Therefore, the SDAPCD
1 The EPA has since reclassified the San Diego
ozone nonattainment area to ‘‘Serious’’ because the
EPA determined that the area had not attained the
2008 ozone standard by the ‘‘Moderate’’ applicable
attainment date (July 20, 2018) and did not qualify
for a 1-year extension of the Moderate area
attainment date. 84 FR 44238 (August 23, 2019).
SDAPCD will be required to make a separate,
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must, at a minimum, adopt RACT-level
controls for all sources covered by a
CTG document and for all major nonCTG sources of VOC or NOX emissions
within the ozone NAA that it regulates.
Any stationary source that emits or has
the potential to emit at least 100 tons
per year (tpy) of VOCs or NOX is a major
stationary source in a Moderate ozone
NAA (CAA section 182(b)(2), (f) and
302(j)).
Section III.D of the preamble to the
EPA’s final rule to implement the 2008
ozone NAAQS discusses RACT
requirements.2 It states, in part, that
RACT SIPs must contain adopted RACT
regulations, certifications where
appropriate that existing provisions are
RACT, and/or negative declarations that
updated RACT submittal based on this new
classification.
2 80 FR 12264, (March 6, 2015).
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no sources in the NAA are covered by
a specific CTG.3 It also provides that
states must submit appropriate
supporting information for their RACT
submissions as described in the EPA’s
implementation rule for the 1997 ozone
NAAQS.4 The submitted 2016 RACT
SIP and negative declarations provide
SDAPCD’s analyses of its compliance
with the CAA section 182 RACT
requirements for the 2008 ozone
NAAQS.
The EPA’s technical support
document (TSD) has more information
about the District’s RACT SIP, negative
declarations, and the EPA’s evaluations
thereof. Our TSD is included in the
docket materials.
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the
submitted document?
SIP rules must require RACT for each
category of sources covered by a CTG
document and for each major source of
VOCs or NOX in ozone NAAs classified
as Moderate or above (CAA section
182(b)(2), (f)). At the time of submittal,
the SDAPCD regulated a Moderate
ozone NAA (40 CFR 81.305) for the
2008 ozone standard, so the District’s
rules must implement RACT for that
standard.
States should also submit for SIP
approval negative declarations for those
source categories for which they have
not adopted CTG-based regulations
(because they have no sources above the
CTG-recommended applicability
threshold), regardless of whether such
negative declarations were made for an
earlier SIP.5 To do so, the submittal
should provide reasonable assurance
that no sources subject to the CTG
requirements currently exist in the
portion of the ozone NAA that is
regulated by the SDAPCD.
The District’s analysis must
demonstrate that each major source of
VOCs or NOX in the ozone NAA 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 Id.
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4 Id.
at 12278.
and 70 FR 71612, 71652 (November 29,
2005).
5 57 FR 13498, 13512 (April 16, 1992).
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1. ‘‘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).
2. EPA Office of Air Quality Planning and
Standards, ‘‘Issues Relating to VOC
Regulation Cutpoints, Deficiencies, and
Deviations,’’ May 25, 1988 (‘‘the
Bluebook,’’ revised January 11, 1990).
3. EPA Region IX, ‘‘Guidance Document for
Correcting Common VOC & Other Rule
Deficiencies,’’ August 21, 2001 (‘‘the
Little Bluebook’’).
4. ‘‘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).
5. Memorandum dated May 18, 2006, from
William T. Harnett, Director, Air Quality
Policy Division, to Regional Air Division
Directors, Subject: ‘‘RACT Qs & As—
Reasonably Available Control
Technology (RACT): Questions and
Answers.’’
6. ‘‘Final Rule to Implement the 8-hour
Ozone National Ambient Air Quality
Standard—Phase 2,’’ 70 FR 71612
(November 29, 2005).
7. ‘‘Implementation of the 2008 National
Ambient Air Quality Standards for
Ozone: State Implementation Plan
Requirements,’’ 80 FR 12264 (March 6,
2015).
Rules that are submitted for inclusion
into the SIP must be enforceable (CAA
section 110(a)(2)), must not interfere
with applicable requirements
concerning attainment and reasonable
further progress or other CAA
requirements (CAA section 110(l)), and
must not modify certain SIP control
requirements in NAAs without ensuring
equivalent or greater emissions
reductions (CAA section 193).
In addition to the documents listed
above, guidance and policy documents
that we use to evaluate enforceability,
stringency, and revision/relaxation
requirements include the following:
1. Control Techniques Guidelines and
Alternative Control Techniques
Documents for Reducing Ozone-Causing
Emissions. https://www.epa.gov/groundlevel-ozone-pollution/controltechniques-guidelines-and-alternativecontrol-techniques.
2. ‘‘Model Volatile Organic Compound Rules
for Reasonably Available Control
Technology,’’ June 1992.
3. Memorandum dated March 17, 2011, from
Scott Mathias, Interim Director, Air
Quality Policy Division, U.S. EPA to
Regional Air Division Directors, Subject:
‘‘Approving SIP Revisions Addressing
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VOC RACT Requirements for Certain
Coatings Categories.’’
B. Does the document meet the
evaluation criteria?
SDAPCD’s 2016 RACT SIP provides
the District’s demonstration that the
applicable SIP for the SDAPCD satisfies
CAA section 182 RACT requirements for
the 2008 ozone NAAQS. This
conclusion is based on the District’s
analysis of SIP-approved requirements
that apply to the following: (1) Source
categories for which a CTG has been
issued, and (2) major non-CTG
stationary sources of VOC or NOX
emissions.
With respect to CTG source
categories, SDAPCD analyzed in
Attachment A of the 2016 RACT SIP
those source categories that had sources
within the District subject to the
recommendations in the various CTGs,
and the District rules regulating these
sources. Based on our analysis, the EPA
concludes that, with the exception of
the deficiencies identified in section II.C
below and described in more detail in
the TSD, SDAPCD’s analysis has
demonstrated that the required RACT
rules are in place. Where there are no
existing sources covered by a particular
CTG document, or no major non-CTG
stationary sources of VOCs or NOX,
states may, in lieu of adopting RACT
requirements for those sources, adopt
negative declarations certifying that
there are no such sources in the relevant
NAA. In Attachment B of the 2016
RACT SIP, the District lists the CTGs for
which it is certifying a negative
declaration for the 2008 ozone NAAQS.
These negative declarations are re-listed
in Table 2 below. The District concludes
that it has no sources subject to the
specified CTGs based on a review of its
permit files and emissions inventory,
various print and online business
listings, and through consultation with
District inspectors and permit engineers.
We reviewed SDAPCD’s list of
negative declarations in the 2016 RACT
SIP Attachment B and the CARB facility
database for 2016 to verify the District’s
conclusion that it has no stationary
sources subject to the CTG source
categories for which it has adopted a
negative declaration. We agree with the
District’s negative declarations in the
2016 RACT SIP Attachment B, and
propose to approve them into the SIP.
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TABLE 2—NEGATIVE DECLARATIONS
CTG document
CTG document title
EPA–450/2–77–008 .............
Control of Volatile Organic Emissions from Existing Stationary Sources—Volume II: Surface Coating of Cans,
Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks (Automobiles, and light-duty truck coatings only).a
Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds.
Control of Volatile Organic Emissions from Existing Stationary Sources—Volume III: Surface Coating of Metal
Furniture.
Control of Volatile Organic Emissions from Existing Stationary Sources—Volume IV: Surface Coating of Insulation
of Magnet Wire.
Control of Volatile Organic Emissions from Existing Stationary Sources—Volume V: Surface Coating of Large Appliances.
Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires.
Control of Volatile Organic Emissions from Existing Stationary Sources—Volume VII: Factory Surface Coating of
Flat Wood Paneling.
Control of Volatile Organic Compound Leaks from Petroleum Refinery Equipment.
Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners.b
Control of Volatile Organic Compound Leaks from Synthetic Organic Chemical Polymer and Resin Manufacturing
Equipment.
Control of Volatile Organic Compound Equipment Leaks from Natural Gas/Gasoline Processing Plants.
Control of Volatile Organic Compound Emissions from Manufacture of High-Density Polyethylene, Polypropylene,
and Polystyrene Resins.
Control of Volatile Organic Compound Emissions from Air Oxidation Processes in Synthetic Organic Chemical
Manufacturing Industry.
Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations in Synthetic
Organic Chemical Manufacturing Industry.
Control of Volatile Organic Compound Emissions from Coating Operations at Aerospace Manufacturing and Rework Operations; Aerospace MACT b.
Control Techniques Guidelines for Flat Wood Paneling Coatings.
Control Techniques Guidelines for Large Appliance Coatings.
Control Techniques Guidelines for Metal Furniture Coatings.
Control Techniques Guidelines for Automobile and Light-Duty Truck Assembly Coatings.
EPA–450/2–77–025 .............
EPA–450/2–77–032 .............
EPA–450/2–77–033 .............
EPA–450/2–77–034 .............
EPA–450/2–78–030 .............
EPA–450/2–78–032 .............
EPA–450/2–78–036 .............
EPA–450/3–82–009 .............
EPA–450/3–83–006 .............
EPA–450/3–83–007 .............
EPA–450/3–83–008 .............
EPA–450/3–84–015 .............
EPA–450/4–91–031 .............
EPA–453/R–97–004; 59 FR
29216 (6/06/94).
EPA–453/R–06–004 .............
EPA 453/R–07–004 .............
EPA 453/R–07–005 .............
EPA 453/R–08–006 .............
a SDAPCD
b Negative
claims a negative declaration only for the portions of this CTG related to Automobiles and Light-Duty Trucks.
declarations for CTG categories where the District states it has facilities, but emissions are below the CTG’s applicability threshold.
The 2016 RACT SIP Attachment D—
Major Sources in San Diego Country
Subject to District Rules lists major
sources of VOC emissions and the rules
that the District evaluated as applying to
those facilities. The two facilities that
exceed the major source threshold for
VOCs are the San Diego City of Miramar
Landfill, and National Steel &
Shipbuilding. The District has
documented that the 168.5 tpy
emissions from the Miramar Landfill are
fugitive. The Miramar Landfill therefore
does not constitute a major stationary
source under the Act, and the District is
not required to demonstrate that this
source is implementing RACT-level
controls.6
National Steel & Shipbuilding is a
major source of VOC emissions, and is
regulated primarily by Rule 67.18. It is
therefore evaluated as a CTG source.
Accordingly, we conclude that the
District does not have any major nonCTG sources of VOCs in the NAA, and
must adopt a negative declaration for
major non-CTG sources of VOCs.
The District does not list any major
sources of NOX. However, we have
determined that one facility, Solar
Turbines, Inc., is a major source of NOX.
As explained in the TSD, we have
concluded that this source is currently
implementing RACT-level controls.
Accordingly, we propose to find that the
District has met its RACT obligation for
major sources of NOX.
Our review found that certain CTG
categories were not addressed by either
a negative declaration or a RACT rule.
These deficiencies are described in
section II.C below and explained in
greater detail in the TSD. These
approvability issues preclude full
approval of the 2016 RACT SIP. Our
TSD has more information on our
evaluation of the 2016 RACT SIP.
C. What are the deficiencies?
The following provisions do not
satisfy the requirements of section 110
and part D of title I of the Act and
prevent full approval of the 2016 RACT
SIP.
1. Missing negative declaration (or
rule) for the following CTG and Major
Source categories.
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TABLE 3—MISSING NEGATIVE DECLARATION OR RACT RULE
EPA document No.
CTG title.
EPA–453/R–08–003 .............
EPA–453/R–08–003 .............
Miscellaneous Metal and Plastic Parts Coatings, Table 3. Plastic Parts and Products.
Miscellaneous Metal and Plastic Parts Coatings, Table 4. Automotive/Transportation and Business Machine Plastic Parts.
Miscellaneous Metal and Plastic Parts Coatings, Table 6. Motor Vehicle Materials.
Non-CTG Major Sources of VOC emissions.
EPA–453/R–08–003 .............
Not applicable ......................
6 42
U.S.C. 7511a(b)(2), 42 U.S.C. 7602(j).
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2. Existing rule does not represent
RACT for the 2008 ozone standard.
TABLE 4—CTG SOURCE RULES THAT DO NOT REPRESENT RACT
EPA document No.
CTG title
EPA–450/R–75–102 ............
Design Criteria for Stage I Vapor Control Systems—
Gasoline Service Stations.
Tank Truck Gasoline Loading Terminals ........................
Manufacture of Synthesized Pharmaceutical Products ..
EPA–450/2–77–026 .............
EPA–450/2–78–029 .............
EPA–453/R–06–001 ............
EPA–453/R–08–003 ............
Remedy
Industrial Cleaning Solvents ...........................................
Miscellaneous Metal and Plastic Parts Coatings, Table
5. Pleasure Craft Surface Coating.
Fiberglass Boat Manufacturing Materials .......................
EPA–453/R–08–004 ............
Our TSD has detailed information on
these deficiencies.
D. EPA Recommendations To Further
Improve the RACT SIP
Our TSD includes recommendations
for future rule improvements and
suggested revisions related to the
required RACT SIP submittal for the
2015 ozone standard.
Re-notice Rule 61.3.1.
Revise Rule 61.2.
Revise Rule 67.15 or submit negative declaration for
this CTG source category.
Revise Rule 67.6.1.
Revise Rule 67.18 or submit negative declaration for
this CTG source category.
Revise Rule 67.12.1 or submit negative declaration for
this CTG source category.
E. Public Comment and Proposed
Action
Under CAA section 110(k)(3), we
propose to partially approve and
partially disapprove CARB’s submittal
of the SDAPCD 2016 RACT SIP, as
reflected in Tables 5 and 6. As
discussed, the RACT SIP must
document current RACT for sources
covered by CTGs and for major non-CTG
sources of VOC and NOX emissions. We
have determined that the 2016 RACT
SIP documents RACT for many, but not
all, CTG sources and major sources. In
addition, the RACT SIP does not
include a rule or negative declaration
for several CTGs, or a negative
declaration for major non-CTG sources
of VOCs. For these reasons and the
reasons discussed above, we are
proposing to partially approve and
partially disapprove the District’s
certification that it has met the RACT
requirement for the 2008 8-hour ozone
NAAQS as demonstrated in its 2016
RACT SIP.
TABLE 5—RACT EVALUATION FOR CTG SOURCES IN SDAPCD FOR THE 2008 OZONE STANDARD MODERATE
NONATTAINMENT AREA
EPA document No.
CTG title
EPA–450/R–75–102 ..........
Design Criteria for Stage I Vapor Control Systems—
Gasoline Service Stations.
Surface Coating of Cans ..............................................
Surface Coating of Coils ..............................................
Surface Coating of Paper .............................................
Surface Coating of Fabrics ...........................................
Surface Coating of Automobiles and Light-Duty
Trucks.
Solvent Metal Cleaning ................................................
Refinery Vacuum Producing Systems, Wastewater
Separators, and Process Unit Turnarounds.
Tank Truck Gasoline Loading Terminals .....................
Surface Coating of Metal Furniture ..............................
Surface Coating of Insulation of Magnet Wire .............
Surface Coating of Large Appliances ..........................
Bulk Gasoline Plants ....................................................
Storage of Petroleum Liquids in Fixed-Roof Tanks .....
Cutback Asphalt ...........................................................
Surface Coating of Miscellaneous Metal Parts and
Products.
Manufacture of Synthesized Pharmaceutical Products
Manufacture of Pneumatic Rubber Tires .....................
Factory Surface Coating of Flat Wood Paneling .........
Graphic Arts-Rotogravure and Flexography ................
Leaks from Petroleum Refinery Equipment .................
Petroleum Liquid Storage in External Floating Roof
Tanks.
Leaks from Gasoline Tank Trucks and Vapor Collection Systems.
Large Petroleum Dry Cleaners .....................................
Leaks from Synthetic Organic Chemical Polymer and
Resin Manufacturing Equipment.
EPA–450/2–77–008
EPA–450/2–77–008
EPA–450/2–77–008
EPA–450/2–77–008
EPA–450/2–77–008
...........
...........
...........
...........
...........
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EPA–450/2–77–022 ...........
EPA–450/2–77–025 ...........
EPA–450/2–77–026
EPA–450/2–77–032
EPA–450/2–77–033
EPA–450/2–77–034
EPA–450/2–77–035
EPA–450/2–77–036
EPA–450/2–77–037
EPA–450/2–78–015
...........
...........
...........
...........
...........
...........
...........
...........
EPA–450/2–78–029
EPA–450/2–78–030
EPA–450/2–78–032
EPA–450/2–78–033
EPA–450/2–78–036
EPA–450/2–78–047
...........
...........
...........
...........
...........
...........
EPA–450/2–78–051 ...........
EPA–450/3–82–009 ...........
EPA–450/3–83–006 ...........
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Covered by SIP
Rule as current
RACT
Neg dec
submitted
..............................
..............................
Disapproval.a
67.4
67.4
67.5
67.5
..............................
..............................
..............................
..............................
..............................
4/12/2017
Approval.
Approval.
Approval.
Approval.
Approval.
67.6.2
..............................
..............................
4/12/2017
Approval.
Approval.
..............................
..............................
..............................
..............................
61.2
61.1
67.7
67.3
..............................
4/12/2017
4/12/2017
4/12/2017
..............................
..............................
..............................
..............................
Disapproval.b
Approval.
Approval.
Approval.
Approval.
Approval.
Approval.
Approval.
..............................
..............................
..............................
67.16
..............................
61.1
..............................
4/12/2017
4/12/2017
..............................
4/12/2017
..............................
Disapproval.c
Approval.
Approval.
Approval.
Approval.
Approval.
61.2
..............................
Approval.
..............................
..............................
4/12/2017
4/12/2017
Approval.
Approval.
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TABLE 5—RACT EVALUATION FOR CTG SOURCES IN SDAPCD FOR THE 2008 OZONE STANDARD MODERATE
NONATTAINMENT AREA—Continued
Covered by SIP
Rule as current
RACT
EPA document No.
CTG title
EPA–450/3–83–007 ...........
Equipment Leaks from Natural Gas/Gasoline Processing Plants.
Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins.
Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry.
Reactor Processes and Distillation Operations in Synthetic Organic Chemical Manufacturing Industry.
Wood Furniture Manufacturing Operations ..................
ATC—Surface Coating Operations at Shipbuilding
and Ship Repair Facilities.
Shipbuilding and Ship Repair Operations (Surface
Coating).
Aerospace MACT and Aerospace (CTG & MACT) .....
EPA–450/3–83–008 ...........
EPA–450/3–84–015 ...........
EPA–450/4–91–031 ...........
EPA–453/R–96–007 ..........
EPA–453/R–94–032, 61
FR 44050; 8/27/96.
EPA–453/R–97–004, 59
FR 29216; 6/06/94.
EPA–453/R–06–001 ..........
EPA–453/R–06–002 ..........
EPA–453/R–06–003 ..........
EPA–453/R–06–004 ..........
EPA–453/R–07–003 ..........
EPA–453/R–07–004 ..........
EPA–453/R–07–005 ..........
EPA–453/R–08–003 ..........
EPA–453/R–08–003 ..........
EPA–453/R–08–003 ..........
EPA–453/R–08–003 ..........
EPA–453/R–08–003 ..........
EPA–453/R–08–004 ..........
EPA–453/R–08–005 ..........
EPA–453/R–08–006 ..........
Industrial Cleaning Solvents .........................................
Offset Lithographic Printing and Letterpress Printing ..
Flexible Package Printing .............................................
Flat Wood Paneling Coatings .......................................
Paper, Film, and Foil Coatings .....................................
Large Appliance Coatings ............................................
Metal Furniture Coatings ..............................................
Miscellaneous Metal and Plastic Parts Coatings,
Table 2. Metal Parts and Products.
Miscellaneous Metal and Plastic Parts Coatings,
Table 3. Plastic Parts and Products.
Miscellaneous Metal and Plastic Parts Coatings,
Table 4. Automotive/Transportation and Business
Machine Plastic Parts.
Miscellaneous Metal and Plastic Parts Coatings,
Table 5. Pleasure Craft Surface Coating.
Miscellaneous Metal and Plastic Parts Coatings,
Table 6. Motor Vehicle Materials.
Fiberglass Boat Manufacturing Materials .....................
Miscellaneous Industrial Adhesives .............................
Automobile and Light-Duty Truck Assembly Coatings
Neg dec
submitted
Proposed action
..............................
4/12/2017
Approval.
..............................
4/12/2017
Approval.
..............................
4/12/2017
Approval.
..............................
4/12/2017
Approval.
67.11
67.18
..............................
..............................
Approval.
Approval.
..............................
4/12/2017
Approval.
..............................
67.16
67.16
..............................
67.5
..............................
..............................
67.3
..............................
..............................
..............................
4/12/2017
..............................
4/12/2017
4/12/2017
..............................
Disapproval.d
Approval.
Approval.
Approval.
Approval.
Approval.
Approval.
Approval.
..............................
..............................
Disapproval.e
..............................
..............................
Disapproval.f
..............................
..............................
Disapproval.g
..............................
..............................
Disapproval.h
..............................
67.21
..............................
..............................
..............................
4/12/2017
Disapproval.i
Approval.
Approval
a As explained in greater detail in the TSD, Rule 61.3.1, which regulates sources in this category, was not properly noticed, and is thus not approvable. The District intends to re-notice Rule 61.3.1, which together with 61.3 would establish current RACT for this category.
b The applicable rule is Rule 61.2, which does not establish RACT because of several deficiencies described in detail in the TSD.
c As described in greater detail in the TSD, Rule 67.15 has deficiencies that prevent it from establishing RACT level controls. The District has
determined that there are no sources that meet the CTG applicability threshold and plans to submit a negative declaration for both the 2008 and
2015 ozone standards.
d As explained in greater detail in the TSD, the applicable rule for this category is Rule 67.6.1, but this rule does not establish RACT because
of an inappropriate NESHAP exemption.
e No adopted applicable RACT rule or adopted negative declaration for 2008 ozone standard.
f No adopted applicable RACT rule or adopted negative declaration for 2008 ozone standard.
g As explained in greater detail in the TSD, the applicable rule for this category is Rule 67.18, but this rule does not establish RACT based on
the recommended controls for pleasure craft coatings in the CTG for Miscellaneous Metal and Plastic Parts Coatings (2008).
h No adopted applicable RACT rule or adopted negative declaration for 2008 ozone standard.
i As explained in greater detail in the TSD, the applicable rule is Rule 67.12.1, but this rule does not establish RACT based on the Fiberglass
Boat CTG (2008) recommended controls for fiberglass boat coatings.
jbell on DSKJLSW7X2PROD with PROPOSALS
TABLE 6—RACT EVALUATION FOR MAJOR NON–CTG VOC/NOX SOURCES IN SDAPCD FOR THE 2008 OZONE
STANDARD MODERATE NONATTAINMENT AREA 7
Category
Major sources in District?
Covered by SIP rule as current
RACT
Neg Dec
Major (100+ tpy) non-CTG VOC
sources.
Major (100+ tpy) NOx sources ......
None listed a ...................................
N/A .................................................
.....................
Disapproval.
Yes .................................................
N/A .................................................
.....................
Approval.
a The
Proposed action
only major VOC source listed by the District is National Steel & Shipbuilding, which is a CTG source. Therefore, there appears to be no
non-CTG major sources of VOC in the District and the District should adopt a negative declaration for major non-CTG VOC sources.
VerDate Sep<11>2014
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E:\FR\FM\10AUP1.SGM
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48132
Federal Register / Vol. 85, No. 154 / Monday, August 10, 2020 / Proposed Rules
The EPA is committed to working
with CARB and SDAPCD to resolve the
identified RACT deficiencies. However,
should we finalize the proposed partial
disapproval of the elements identified
in Tables 5 and 6 for of the 2016 RACT
SIP, the action would trigger a 2-year
clock for the federal implementation
plan (FIP) requirement under section
110(c). In addition, final disapproval
would trigger the offset section in CAA
section 179(b)(2) 18 months after the
effective date of a final disapproval, and
the highway funding sanctions in CAA
section 179(b)(1) would apply in the
area six months after the offset sanction
is imposed. Neither sanction will be
imposed under the CAA if the State
submits and we approve, prior to the
implementation of the sanctions, a SIP
revision that corrects the deficiencies
that we identify in our final action. We
will accept comments from the public
on the proposed partial approval and
partial disapproval for the 2016 RACT
SIP for the next 30 days. If finalized,
this action would add to the California
SIP as additional materials those
portions of the 2016 RACT SIP and
negative declarations associated with
approvals in Tables 5 and 6.
under the RFA. This action will not
impose any requirements on small
entities beyond those imposed by state
law.
III. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders.
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.
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.
jbell on DSKJLSW7X2PROD with PROPOSALS
B. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
This action is not expected to be an
Executive Order 13771 regulatory action
because this action is not significant
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
7 See
section 3.1 of the TSD.
VerDate Sep<11>2014
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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
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.
PO 00000
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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
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,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 22, 2020.
John Busterud,
Regional Administrator, Region IX.
[FR Doc. 2020–16279 Filed 8–7–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1983–0002; FRL–10012–
98–Region 8]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Partial
Deletion the Anaconda Co. Smelter
Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; notice of intent.
AGENCY:
The Environmental Protection
Agency (EPA) Region 8 is issuing a
Notice of Intent to Delete the Beryllium
Operable Unit 9 (OU9), the Flue Dust
OU11 and the Arbiter OU12 of the
Anaconda Co. Smelter Superfund Site
(Site) located in Anaconda, MT, from
the National Priorities List (NPL) and
requests public comments on this
proposed action. The NPL, promulgated
pursuant to section 105 of the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is
an appendix of the National Oil and
SUMMARY:
E:\FR\FM\10AUP1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 154 (Monday, August 10, 2020)]
[Proposed Rules]
[Pages 48127-48132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16279]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2020-0136; FRL-10012-22-Region 9]
Air Plan Partial Approval and Partial Disapproval; California;
San Diego
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
partially approve and partially disapprove revisions to the San Diego
Air Pollution Control District (SDAPCD) portion of the California State
Implementation Plan (SIP). These revisions concern the District's
demonstration regarding reasonably available control technology (RACT)
requirements and negative declarations for the 2008 ozone national
ambient air quality standards (NAAQS or ``standards'') in the San Diego
ozone nonattainment area (NAA) under the jurisdiction of the SDAPCD. We
are taking comments on this proposal and plan to follow with a final
action.
DATES: Comments must be received on or before September 9, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2020-0136 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. 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, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3848 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. The State's Submittal
A. What document did the State submit?
B. Are there other versions of this document?
C. What is the purpose of the submitted document?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the submitted document?
B. Does the document meet the evaluation criteria?
C. What are the deficiencies?
D. EPA Recommendations to Further Improve the RACT SIP
E. Public Comment And Proposed Action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What document did the State submit?
Table 1 lists the document addressed by this proposal with the date
that it was adopted by the local air agency and submitted by the
California Air Resources Board (CARB).
Table 1--Submitted Document
----------------------------------------------------------------------------------------------------------------
Local agency Document Adopted Submitted
----------------------------------------------------------------------------------------------------------------
SDAPCD................................ 2008 Eight-Hour Ozone Reasonably 12/14/16 4/12/2017
Available Control Technology
Demonstration for San Diego County
(``2016 RACT SIP'').
----------------------------------------------------------------------------------------------------------------
On October 12, 2017, the submittal for the SDAPCD 2016 RACT SIP was
deemed by operation of law to meet the completeness criteria in 40 CFR
part 51 Appendix V, which must be met before formal EPA review.
B. Are there other versions of this document?
There are no previous versions of the RACT SIP and negative
declarations in the SDAPCD portion of the California SIP for the 2008
ozone NAAQS.
C. What is the purpose of the submitted document?
Emissions of volatile organic compounds (VOCs) and oxides of
nitrogen (NOX) contribute to the production of ground-level
ozone, smog and particulate matter (PM), which harm human health and
the environment. Section 110(a) of the CAA requires states to submit
regulations that control VOC and NOX emissions. Sections
182(b)(2) and (f) require that SIPs for ozone NAAs 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 SDAPCD is subject to this requirement as it
regulates the San Diego ozone NAA that was designated and classified as
a Moderate NAA for the 2008 ozone NAAQS at the time of submittal.\1\
Therefore, the SDAPCD must, at a minimum, adopt RACT-level controls for
all sources covered by a CTG document and for all major non-CTG sources
of VOC or NOX emissions within the ozone NAA that it
regulates. Any stationary source that emits or has the potential to
emit at least 100 tons per year (tpy) of VOCs or NOX is a
major stationary source in a Moderate ozone NAA (CAA section 182(b)(2),
(f) and 302(j)).
---------------------------------------------------------------------------
\1\ The EPA has since reclassified the San Diego ozone
nonattainment area to ``Serious'' because the EPA determined that
the area had not attained the 2008 ozone standard by the
``Moderate'' applicable attainment date (July 20, 2018) and did not
qualify for a 1-year extension of the Moderate area attainment date.
84 FR 44238 (August 23, 2019). SDAPCD will be required to make a
separate, updated RACT submittal based on this new classification.
\2\ 80 FR 12264, (March 6, 2015).
---------------------------------------------------------------------------
Section III.D of the preamble to the EPA's final rule to implement
the 2008 ozone NAAQS discusses RACT requirements.\2\ It states, in
part, that RACT SIPs must contain adopted RACT regulations,
certifications where appropriate that existing provisions are RACT,
and/or negative declarations that
[[Page 48128]]
no sources in the NAA are covered by a specific CTG.\3\ It also
provides that states must submit appropriate supporting information for
their RACT submissions as described in the EPA's implementation rule
for the 1997 ozone NAAQS.\4\ The submitted 2016 RACT SIP and negative
declarations provide SDAPCD's analyses of its compliance with the CAA
section 182 RACT requirements for the 2008 ozone NAAQS.
---------------------------------------------------------------------------
\3\ Id. at 12278.
\4\ Id. and 70 FR 71612, 71652 (November 29, 2005).
---------------------------------------------------------------------------
The EPA's technical support document (TSD) has more information
about the District's RACT SIP, negative declarations, and the EPA's
evaluations thereof. Our TSD is included in the docket materials.
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the submitted document?
SIP rules must require RACT for each category of sources covered by
a CTG document and for each major source of VOCs or NOX in
ozone NAAs classified as Moderate or above (CAA section 182(b)(2),
(f)). At the time of submittal, the SDAPCD regulated a Moderate ozone
NAA (40 CFR 81.305) for the 2008 ozone standard, so the District's
rules must implement RACT for that standard.
States should also submit for SIP approval negative declarations
for those source categories for which they have not adopted CTG-based
regulations (because they have no sources above the CTG-recommended
applicability threshold), regardless of whether such negative
declarations were made for an earlier SIP.\5\ To do so, the submittal
should provide reasonable assurance that no sources subject to the CTG
requirements currently exist in the portion of the ozone NAA that is
regulated by the SDAPCD.
---------------------------------------------------------------------------
\5\ 57 FR 13498, 13512 (April 16, 1992).
---------------------------------------------------------------------------
The District's analysis must demonstrate that each major source of
VOCs or NOX in the ozone NAA 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. ``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).
2. EPA Office of Air Quality Planning and Standards, ``Issues
Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' May 25, 1988 (``the Bluebook,'' revised January 11,
1990).
3. EPA Region IX, ``Guidance Document for Correcting Common VOC &
Other Rule Deficiencies,'' August 21, 2001 (``the Little
Bluebook'').
4. ``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).
5. Memorandum dated May 18, 2006, from William T. Harnett, Director,
Air Quality Policy Division, to Regional Air Division Directors,
Subject: ``RACT Qs & As--Reasonably Available Control Technology
(RACT): Questions and Answers.''
6. ``Final Rule to Implement the 8-hour Ozone National Ambient Air
Quality Standard--Phase 2,'' 70 FR 71612 (November 29, 2005).
7. ``Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements,'' 80 FR
12264 (March 6, 2015).
Rules that are submitted for inclusion into the SIP must be
enforceable (CAA section 110(a)(2)), must not interfere with applicable
requirements concerning attainment and reasonable further progress or
other CAA requirements (CAA section 110(l)), and must not modify
certain SIP control requirements in NAAs without ensuring equivalent or
greater emissions reductions (CAA section 193).
In addition to the documents listed above, guidance and policy
documents that we use to evaluate enforceability, stringency, and
revision/relaxation requirements include the following:
1. Control Techniques Guidelines and Alternative Control Techniques
Documents for Reducing Ozone-Causing Emissions. https://www.epa.gov/ground-level-ozone-pollution/control-techniques-guidelines-and-alternative-control-techniques.
2. ``Model Volatile Organic Compound Rules for Reasonably Available
Control Technology,'' June 1992.
3. Memorandum dated March 17, 2011, from Scott Mathias, Interim
Director, Air Quality Policy Division, U.S. EPA to Regional Air
Division Directors, Subject: ``Approving SIP Revisions Addressing
VOC RACT Requirements for Certain Coatings Categories.''
B. Does the document meet the evaluation criteria?
SDAPCD's 2016 RACT SIP provides the District's demonstration that
the applicable SIP for the SDAPCD satisfies CAA section 182 RACT
requirements for the 2008 ozone NAAQS. This conclusion is based on the
District's analysis of SIP-approved requirements that apply to the
following: (1) Source categories for which a CTG has been issued, and
(2) major non-CTG stationary sources of VOC or NOX
emissions.
With respect to CTG source categories, SDAPCD analyzed in
Attachment A of the 2016 RACT SIP those source categories that had
sources within the District subject to the recommendations in the
various CTGs, and the District rules regulating these sources. Based on
our analysis, the EPA concludes that, with the exception of the
deficiencies identified in section II.C below and described in more
detail in the TSD, SDAPCD's analysis has demonstrated that the required
RACT rules are in place. Where there are no existing sources covered by
a particular CTG document, or no major non-CTG stationary sources of
VOCs or NOX, states may, in lieu of adopting RACT
requirements for those sources, adopt negative declarations certifying
that there are no such sources in the relevant NAA. In Attachment B of
the 2016 RACT SIP, the District lists the CTGs for which it is
certifying a negative declaration for the 2008 ozone NAAQS. These
negative declarations are re-listed in Table 2 below. The District
concludes that it has no sources subject to the specified CTGs based on
a review of its permit files and emissions inventory, various print and
online business listings, and through consultation with District
inspectors and permit engineers.
We reviewed SDAPCD's list of negative declarations in the 2016 RACT
SIP Attachment B and the CARB facility database for 2016 to verify the
District's conclusion that it has no stationary sources subject to the
CTG source categories for which it has adopted a negative declaration.
We agree with the District's negative declarations in the 2016 RACT SIP
Attachment B, and propose to approve them into the SIP.
[[Page 48129]]
Table 2--Negative Declarations
------------------------------------------------------------------------
CTG document CTG document title
------------------------------------------------------------------------
EPA-450/2-77-008............. Control of Volatile Organic Emissions
from Existing Stationary Sources--Volume
II: Surface Coating of Cans, Coils,
Paper, Fabrics, Automobiles, and Light-
Duty Trucks (Automobiles, and light-duty
truck coatings only).a
EPA-450/2-77-025............. Control of Refinery Vacuum Producing
Systems, Wastewater Separators, and
Process Unit Turnarounds.
EPA-450/2-77-032............. Control of Volatile Organic Emissions
from Existing Stationary Sources--Volume
III: Surface Coating of Metal Furniture.
EPA-450/2-77-033............. Control of Volatile Organic Emissions
from Existing Stationary Sources--Volume
IV: Surface Coating of Insulation of
Magnet Wire.
EPA-450/2-77-034............. Control of Volatile Organic Emissions
from Existing Stationary Sources--Volume
V: Surface Coating of Large Appliances.
EPA-450/2-78-030............. Control of Volatile Organic Emissions
from Manufacture of Pneumatic Rubber
Tires.
EPA-450/2-78-032............. Control of Volatile Organic Emissions
from Existing Stationary Sources--Volume
VII: Factory Surface Coating of Flat
Wood Paneling.
EPA-450/2-78-036............. Control of Volatile Organic Compound
Leaks from Petroleum Refinery Equipment.
EPA-450/3-82-009............. Control of Volatile Organic Compound
Emissions from Large Petroleum Dry
Cleaners.b
EPA-450/3-83-006............. Control of Volatile Organic Compound
Leaks from Synthetic Organic Chemical
Polymer and Resin Manufacturing
Equipment.
EPA-450/3-83-007............. Control of Volatile Organic Compound
Equipment Leaks from Natural Gas/
Gasoline Processing Plants.
EPA-450/3-83-008............. Control of Volatile Organic Compound
Emissions from Manufacture of High-
Density Polyethylene, Polypropylene, and
Polystyrene Resins.
EPA-450/3-84-015............. Control of Volatile Organic Compound
Emissions from Air Oxidation Processes
in Synthetic Organic Chemical
Manufacturing Industry.
EPA-450/4-91-031............. Control of Volatile Organic Compound
Emissions from Reactor Processes and
Distillation Operations in Synthetic
Organic Chemical Manufacturing Industry.
EPA-453/R-97-004; 59 FR 29216 Control of Volatile Organic Compound
(6/06/94). Emissions from Coating Operations at
Aerospace Manufacturing and Rework
Operations; Aerospace MACT b.
EPA-453/R-06-004............. Control Techniques Guidelines for Flat
Wood Paneling Coatings.
EPA 453/R-07-004............. Control Techniques Guidelines for Large
Appliance Coatings.
EPA 453/R-07-005............. Control Techniques Guidelines for Metal
Furniture Coatings.
EPA 453/R-08-006............. Control Techniques Guidelines for
Automobile and Light-Duty Truck Assembly
Coatings.
------------------------------------------------------------------------
a SDAPCD claims a negative declaration only for the portions of this CTG
related to Automobiles and Light-Duty Trucks.
b Negative declarations for CTG categories where the District states it
has facilities, but emissions are below the CTG's applicability
threshold.
The 2016 RACT SIP Attachment D--Major Sources in San Diego Country
Subject to District Rules lists major sources of VOC emissions and the
rules that the District evaluated as applying to those facilities. The
two facilities that exceed the major source threshold for VOCs are the
San Diego City of Miramar Landfill, and National Steel & Shipbuilding.
The District has documented that the 168.5 tpy emissions from the
Miramar Landfill are fugitive. The Miramar Landfill therefore does not
constitute a major stationary source under the Act, and the District is
not required to demonstrate that this source is implementing RACT-level
controls.\6\
---------------------------------------------------------------------------
\6\ 42 U.S.C. 7511a(b)(2), 42 U.S.C. 7602(j).
---------------------------------------------------------------------------
National Steel & Shipbuilding is a major source of VOC emissions,
and is regulated primarily by Rule 67.18. It is therefore evaluated as
a CTG source. Accordingly, we conclude that the District does not have
any major non-CTG sources of VOCs in the NAA, and must adopt a negative
declaration for major non-CTG sources of VOCs.
The District does not list any major sources of NOX.
However, we have determined that one facility, Solar Turbines, Inc., is
a major source of NOX. As explained in the TSD, we have
concluded that this source is currently implementing RACT-level
controls. Accordingly, we propose to find that the District has met its
RACT obligation for major sources of NOX.
Our review found that certain CTG categories were not addressed by
either a negative declaration or a RACT rule. These deficiencies are
described in section II.C below and explained in greater detail in the
TSD. These approvability issues preclude full approval of the 2016 RACT
SIP. Our TSD has more information on our evaluation of the 2016 RACT
SIP.
C. What are the deficiencies?
The following provisions do not satisfy the requirements of section
110 and part D of title I of the Act and prevent full approval of the
2016 RACT SIP.
1. Missing negative declaration (or rule) for the following CTG and
Major Source categories.
Table 3--Missing Negative Declaration or RACT Rule
------------------------------------------------------------------------
EPA document No. CTG title.
------------------------------------------------------------------------
EPA-453/R-08-003............. Miscellaneous Metal and Plastic Parts
Coatings, Table 3. Plastic Parts and
Products.
EPA-453/R-08-003............. Miscellaneous Metal and Plastic Parts
Coatings, Table 4. Automotive/
Transportation and Business Machine
Plastic Parts.
EPA-453/R-08-003............. Miscellaneous Metal and Plastic Parts
Coatings, Table 6. Motor Vehicle
Materials.
Not applicable............... Non-CTG Major Sources of VOC emissions.
------------------------------------------------------------------------
[[Page 48130]]
2. Existing rule does not represent RACT for the 2008 ozone
standard.
Table 4--CTG Source Rules That Do Not Represent RACT
------------------------------------------------------------------------
EPA document No. CTG title Remedy
------------------------------------------------------------------------
EPA-450/R-75-102............ Design Criteria for Re-notice Rule
Stage I Vapor 61.3.1.
Control Systems--
Gasoline Service
Stations.
EPA-450/2-77-026............ Tank Truck Gasoline Revise Rule 61.2.
Loading Terminals.
EPA-450/2-78-029............ Manufacture of Revise Rule 67.15 or
Synthesized submit negative
Pharmaceutical declaration for
Products. this CTG source
category.
EPA-453/R-06-001............ Industrial Cleaning Revise Rule 67.6.1.
Solvents.
EPA-453/R-08-003............ Miscellaneous Metal Revise Rule 67.18 or
and Plastic Parts submit negative
Coatings, Table 5. declaration for
Pleasure Craft this CTG source
Surface Coating. category.
EPA-453/R-08-004............ Fiberglass Boat Revise Rule 67.12.1
Manufacturing or submit negative
Materials. declaration for
this CTG source
category.
------------------------------------------------------------------------
Our TSD has detailed information on these deficiencies.
D. EPA Recommendations To Further Improve the RACT SIP
Our TSD includes recommendations for future rule improvements and
suggested revisions related to the required RACT SIP submittal for the
2015 ozone standard.
E. Public Comment and Proposed Action
Under CAA section 110(k)(3), we propose to partially approve and
partially disapprove CARB's submittal of the SDAPCD 2016 RACT SIP, as
reflected in Tables 5 and 6. As discussed, the RACT SIP must document
current RACT for sources covered by CTGs and for major non-CTG sources
of VOC and NOX emissions. We have determined that the 2016
RACT SIP documents RACT for many, but not all, CTG sources and major
sources. In addition, the RACT SIP does not include a rule or negative
declaration for several CTGs, or a negative declaration for major non-
CTG sources of VOCs. For these reasons and the reasons discussed above,
we are proposing to partially approve and partially disapprove the
District's certification that it has met the RACT requirement for the
2008 8-hour ozone NAAQS as demonstrated in its 2016 RACT SIP.
Table 5--RACT Evaluation for CTG Sources in SDAPCD for the 2008 Ozone Standard Moderate Nonattainment Area
----------------------------------------------------------------------------------------------------------------
Covered by SIP
EPA document No. CTG title Rule as current Neg dec Proposed action
RACT submitted
----------------------------------------------------------------------------------------------------------------
EPA-450/R-75-102............. Design Criteria for ................. ................. Disapproval.a
Stage I Vapor
Control Systems--
Gasoline Service
Stations.
EPA-450/2-77-008............. Surface Coating of 67.4 ................. Approval.
Cans.
EPA-450/2-77-008............. Surface Coating of 67.4 ................. Approval.
Coils.
EPA-450/2-77-008............. Surface Coating of 67.5 ................. Approval.
Paper.
EPA-450/2-77-008............. Surface Coating of 67.5 ................. Approval.
Fabrics.
EPA-450/2-77-008............. Surface Coating of ................. 4/12/2017 Approval.
Automobiles and
Light-Duty Trucks.
EPA-450/2-77-022............. Solvent Metal 67.6.2 ................. Approval.
Cleaning.
EPA-450/2-77-025............. Refinery Vacuum ................. 4/12/2017 Approval.
Producing Systems,
Wastewater
Separators, and
Process Unit
Turnarounds.
EPA-450/2-77-026............. Tank Truck Gasoline ................. ................. Disapproval.b
Loading Terminals.
EPA-450/2-77-032............. Surface Coating of ................. 4/12/2017 Approval.
Metal Furniture.
EPA-450/2-77-033............. Surface Coating of ................. 4/12/2017 Approval.
Insulation of Magnet
Wire.
EPA-450/2-77-034............. Surface Coating of ................. 4/12/2017 Approval.
Large Appliances.
EPA-450/2-77-035............. Bulk Gasoline Plants. 61.2 ................. Approval.
EPA-450/2-77-036............. Storage of Petroleum 61.1 ................. Approval.
Liquids in Fixed-
Roof Tanks.
EPA-450/2-77-037............. Cutback Asphalt...... 67.7 ................. Approval.
EPA-450/2-78-015............. Surface Coating of 67.3 ................. Approval.
Miscellaneous Metal
Parts and Products.
EPA-450/2-78-029............. Manufacture of ................. ................. Disapproval.c
Synthesized
Pharmaceutical
Products.
EPA-450/2-78-030............. Manufacture of ................. 4/12/2017 Approval.
Pneumatic Rubber
Tires.
EPA-450/2-78-032............. Factory Surface ................. 4/12/2017 Approval.
Coating of Flat Wood
Paneling.
EPA-450/2-78-033............. Graphic Arts- 67.16 ................. Approval.
Rotogravure and
Flexography.
EPA-450/2-78-036............. Leaks from Petroleum ................. 4/12/2017 Approval.
Refinery Equipment.
EPA-450/2-78-047............. Petroleum Liquid 61.1 ................. Approval.
Storage in External
Floating Roof Tanks.
EPA-450/2-78-051............. Leaks from Gasoline 61.2 ................. Approval.
Tank Trucks and
Vapor Collection
Systems.
EPA-450/3-82-009............. Large Petroleum Dry ................. 4/12/2017 Approval.
Cleaners.
EPA-450/3-83-006............. Leaks from Synthetic ................. 4/12/2017 Approval.
Organic Chemical
Polymer and Resin
Manufacturing
Equipment.
[[Page 48131]]
EPA-450/3-83-007............. Equipment Leaks from ................. 4/12/2017 Approval.
Natural Gas/Gasoline
Processing Plants.
EPA-450/3-83-008............. Manufacture of High- ................. 4/12/2017 Approval.
Density
Polyethylene,
Polypropylene, and
Polystyrene Resins.
EPA-450/3-84-015............. Air Oxidation ................. 4/12/2017 Approval.
Processes in
Synthetic Organic
Chemical
Manufacturing
Industry.
EPA-450/4-91-031............. Reactor Processes and ................. 4/12/2017 Approval.
Distillation
Operations in
Synthetic Organic
Chemical
Manufacturing
Industry.
EPA-453/R-96-007............. Wood Furniture 67.11 ................. Approval.
Manufacturing
Operations.
EPA-453/R-94-032, 61 FR ATC--Surface Coating 67.18 ................. Approval.
44050; 8/27/96. Operations at
Shipbuilding and
Ship Repair
Facilities.
Shipbuilding and Ship
Repair Operations
(Surface Coating).
EPA-453/R-97-004, 59 FR Aerospace MACT and ................. 4/12/2017 Approval.
29216; 6/06/94. Aerospace (CTG &
MACT).
EPA-453/R-06-001............. Industrial Cleaning ................. ................. Disapproval.d
Solvents.
EPA-453/R-06-002............. Offset Lithographic 67.16 ................. Approval.
Printing and
Letterpress Printing.
EPA-453/R-06-003............. Flexible Package 67.16 ................. Approval.
Printing.
EPA-453/R-06-004............. Flat Wood Paneling ................. 4/12/2017 Approval.
Coatings.
EPA-453/R-07-003............. Paper, Film, and Foil 67.5 ................. Approval.
Coatings.
EPA-453/R-07-004............. Large Appliance ................. 4/12/2017 Approval.
Coatings.
EPA-453/R-07-005............. Metal Furniture ................. 4/12/2017 Approval.
Coatings.
EPA-453/R-08-003............. Miscellaneous Metal 67.3 ................. Approval.
and Plastic Parts
Coatings, Table 2.
Metal Parts and
Products.
EPA-453/R-08-003............. Miscellaneous Metal ................. ................. Disapproval.e
and Plastic Parts
Coatings, Table 3.
Plastic Parts and
Products.
EPA-453/R-08-003............. Miscellaneous Metal ................. ................. Disapproval.f
and Plastic Parts
Coatings, Table 4.
Automotive/
Transportation and
Business Machine
Plastic Parts.
EPA-453/R-08-003............. Miscellaneous Metal ................. ................. Disapproval.g
and Plastic Parts
Coatings, Table 5.
Pleasure Craft
Surface Coating.
EPA-453/R-08-003............. Miscellaneous Metal ................. ................. Disapproval.h
and Plastic Parts
Coatings, Table 6.
Motor Vehicle
Materials.
EPA-453/R-08-004............. Fiberglass Boat ................. ................. Disapproval.i
Manufacturing
Materials.
EPA-453/R-08-005............. Miscellaneous 67.21 ................. Approval.
Industrial Adhesives.
EPA-453/R-08-006............. Automobile and Light- ................. 4/12/2017 Approval
Duty Truck Assembly
Coatings.
----------------------------------------------------------------------------------------------------------------
a As explained in greater detail in the TSD, Rule 61.3.1, which regulates sources in this category, was not
properly noticed, and is thus not approvable. The District intends to re-notice Rule 61.3.1, which together
with 61.3 would establish current RACT for this category.
b The applicable rule is Rule 61.2, which does not establish RACT because of several deficiencies described in
detail in the TSD.
c As described in greater detail in the TSD, Rule 67.15 has deficiencies that prevent it from establishing RACT
level controls. The District has determined that there are no sources that meet the CTG applicability
threshold and plans to submit a negative declaration for both the 2008 and 2015 ozone standards.
d As explained in greater detail in the TSD, the applicable rule for this category is Rule 67.6.1, but this rule
does not establish RACT because of an inappropriate NESHAP exemption.
e No adopted applicable RACT rule or adopted negative declaration for 2008 ozone standard.
f No adopted applicable RACT rule or adopted negative declaration for 2008 ozone standard.
g As explained in greater detail in the TSD, the applicable rule for this category is Rule 67.18, but this rule
does not establish RACT based on the recommended controls for pleasure craft coatings in the CTG for
Miscellaneous Metal and Plastic Parts Coatings (2008).
h No adopted applicable RACT rule or adopted negative declaration for 2008 ozone standard.
i As explained in greater detail in the TSD, the applicable rule is Rule 67.12.1, but this rule does not
establish RACT based on the Fiberglass Boat CTG (2008) recommended controls for fiberglass boat coatings.
Table 6--RACT Evaluation for Major Non-CTG VOC/NOX Sources in SDAPCD for the 2008 Ozone Standard Moderate
Nonattainment Area \7\
----------------------------------------------------------------------------------------------------------------
Covered by SIP
Category Major sources in rule as current Neg Dec Proposed action
District? RACT
----------------------------------------------------------------------------------------------------------------
Major (100+ tpy) non-CTG VOC None listed a.... N/A.............. .................. Disapproval.
sources.
Major (100+ tpy) NOx sources.. Yes.............. N/A.............. .................. Approval.
----------------------------------------------------------------------------------------------------------------
a The only major VOC source listed by the District is National Steel & Shipbuilding, which is a CTG source.
Therefore, there appears to be no non-CTG major sources of VOC in the District and the District should adopt a
negative declaration for major non-CTG VOC sources.
[[Page 48132]]
The EPA is committed to working with CARB and SDAPCD to resolve the
identified RACT deficiencies. However, should we finalize the proposed
partial disapproval of the elements identified in Tables 5 and 6 for of
the 2016 RACT SIP, the action would trigger a 2-year clock for the
federal implementation plan (FIP) requirement under section 110(c). In
addition, final disapproval would trigger the offset section in CAA
section 179(b)(2) 18 months after the effective date of a final
disapproval, and the highway funding sanctions in CAA section 179(b)(1)
would apply in the area six months after the offset sanction is
imposed. Neither sanction will be imposed under the CAA if the State
submits and we approve, prior to the implementation of the sanctions, a
SIP revision that corrects the deficiencies that we identify in our
final action. We will accept comments from the public on the proposed
partial approval and partial disapproval for the 2016 RACT SIP for the
next 30 days. If finalized, this action would add to the California SIP
as additional materials those portions of the 2016 RACT SIP and
negative declarations associated with approvals in Tables 5 and 6.
---------------------------------------------------------------------------
\7\ See section 3.1 of the TSD.
---------------------------------------------------------------------------
III. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://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 expected to be an Executive Order 13771
regulatory action because this action is not significant 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 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, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 22, 2020.
John Busterud,
Regional Administrator, Region IX.
[FR Doc. 2020-16279 Filed 8-7-20; 8:45 am]
BILLING CODE 6560-50-P
