Air Plan Partial Approval and Partial Disapproval; California; San Diego, 77996-77999 [2020-26649]
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77996
Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Rules and Regulations
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect 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. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone that will prohibit entry on a onemile stretch of the Lower Mississippi
River for three hours on one evening. It
is categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of UDHS
Instruction Manual 023–01–001–01,
Rev. 1. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1; 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0641 to read as
follows:
■
§ 165.T08–0641 Safety Zone; Lower
Mississippi River, Natchez, MS.
(a) Location. The following area is a
safety zone: All navigable waters of the
Lower Mississippi River from Mile
Marker (MM) 364.5 through MM 365.5.
(b) Regulations. (1) Under the general
safety zone regulations in subpart C of
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this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the Captain
of the Port Sector Lower Mississippi
River (COTP) or the COTP’s designated
representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative via VHF–FM channel 16
or by telephone at 901–521–4822. Those
in the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(c) Enforcement period. This section
will be enforced 4 p.m. through 7 p.m.
on December 31, 2020. Periods of
activation will be promulgated by
Broadcast Notice to Mariners.
Dated: November 2, 2020.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the
Port Sector Lower Mississippi River.
[FR Doc. 2020–26177 Filed 12–2–20; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2020–0136; FRL–10016–
79–Region 9]
Air Plan Partial Approval and Partial
Disapproval; California; San Diego
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
partially approve and partially
disapprove revisions to the San Diego
Air Pollution Control District (SDAPCD
or ‘‘District’’) 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 under the
jurisdiction of the SDAPCD.
DATES: This rule will be effective on
January 4, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2020–0136. 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
SUMMARY:
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Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Rules and Regulations
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. If
you need assistance in a language other
than English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
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. Proposed Action
77997
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On August 10, 2020 (85 FR 48127),
the EPA proposed to partially approve
and partially disapprove the California
Air Resources Board’s April 12, 2017
submittal of the 2008 Eight-Hour Ozone
Reasonably Available Control
Technology Demonstration for San
Diego County (‘‘2016 RACT SIP’’).
TABLE 1—SUBMITTED DOCUMENT
Local agency
Document
SDAPCD .............
2008 Eight-Hour Ozone Reasonably Available Control Technology Demonstration for San
Diego County (‘‘2016 RACT SIP’’).
Our proposed action contains more
information on the submittal and our
evaluation.
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II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received two comments.
One comment was supportive, and the
other was not germane.
III. EPA Action
No comments were submitted that
change our assessment of the 2016
RACT SIP as described in our proposed
action. Therefore, we are finalizing a
partial approval and partial disapproval
of the 2016 RACT SIP. As authorized in
sections 110(k)(3) and 301(a) of the
CAA, the EPA is finalizing a partial
disapproval of the 2016 RACT SIP with
respect to those portions addressing the
following source categories: Design
Criteria for Stage I Vapor Control
Systems—Gasoline Service Stations
(EPA–450/R–75–102); Tank Truck
Gasoline Loading Terminals (EPA–450/
2–77–026); Manufacture of Synthesized
Pharmaceutical Products (EPA–450/2–
78–029); Industrial Cleaning Solvents
(EPA–453/R–06–001); Fiberglass Boat
Manufacturing Materials (EPA–453/R–
08–004); Non-CTG major sources of
VOC; and Miscellaneous Metal and
Plastic Parts Coatings (EPA–453/R–08–
003) Table 3—Plastic Parts and
Products, Table 4—Automotive/
Transportation and Business Machine
Plastic Parts, Table 5—Pleasure Craft
Surface Coating, and Table 6—Motor
Vehicle Materials. As a result of the
final partial disapproval, offset
sanctions will be imposed unless the
EPA approves a subsequent SIP revision
that corrects the identified deficiencies
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Adopted
within 18 months of the effective date
of this action. Highway sanctions will
be imposed unless the EPA approves a
subsequent SIP revision that corrects the
rule deficiencies within 24 months of
the effective date of this action. These
sanctions will be imposed under section
179 of the CAA and 40 CFR 52.31.
Additionally, section 110(c) requires the
EPA to promulgate a Federal
implementation plan within 24 months
unless we approve subsequent SIP
revisions that correct the rule
deficiencies.
As authorized in sections 110(k)(3)
and 301(a) of the CAA, the EPA is
finalizing a partial approval of the 2016
RACT SIP with respect to all remaining
source categories, as proposed. The EPA
is also finalizing an approval of the
District’s negative declarations as
proposed.
IV. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive orders can be
found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
12/14/16
Submitted
4/12/2017
C. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA, because this SIP partial approval
and partial disapproval does not in-andof itself create any new information
collection burdens, but simply partially
approves and partially disapproves
certain State requirements for inclusion
in the SIP.
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. This SIP partial approval and
partial disapproval does not in-and-of
itself create any new requirements but
simply partially approves and partially
disapproves certain pre-existing State
requirements for inclusion in the SIP.
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.
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 partially
approves and partially disapproves preexisting requirements under State or
local law and imposes no new
requirements. Accordingly, no
additional costs to state, local, or tribal
governments, or to the private sector,
result from this action.
B. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
This action is not an Executive Order
13771 regulatory action because this
action is not significant under Executive
Order 12866.
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
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Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Rules and Regulations
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 revision
that the EPA is partially disapproving
would not 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 this SIP partial approval and
partial disapproval does not in-and-of
itself create any new regulations, but
simply partially approves and partially
disapproves certain pre-existing State
requirements for inclusion in the SIP.
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 Populations
The EPA lacks the discretionary
authority to address environmental
justice in this rulemaking.
L. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
M. Petitions for Judicial Review
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 February 1, 2021.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: November 10, 2020.
John Busterud,
Regional Administrator, Region IX.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends part 52, chapter I, title
40 of the Code of Federal Regulations
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 paragraph (c)(547) to read as
follows:
■
§ 52.220
Identification of plan—in part.
*
*
*
*
*
(c) * * *
(547) The following plan was
submitted on April 12, 2017 by the
Governor’s designee.
(i) [Reserved]
(ii) Additional materials. (A) San
Diego Air Pollution Control District.
(1) 2008 Eight-Hour Ozone
Reasonably Available Control
Technology Demonstration for San
Diego County except those portions
addressing the following source
categories: Design Criteria for Stage I
Vapor Control Systems—Gasoline
Service Stations (EPA–450/R–75–102);
Tank Truck Gasoline Loading Terminals
(EPA–450/2–77–026); Manufacture of
Synthesized Pharmaceutical Products
(EPA–450/2–78–029); Industrial
Cleaning Solvents (EPA–453/R–06–001);
Fiberglass Boat Manufacturing Materials
(EPA–453/R–08–004); Non-CTG major
sources of VOC; and Miscellaneous
Metal and Plastic Parts Coatings (EPA–
453/R–08–003) Table 3—Plastic Parts
and Products, Table 4—Automotive/
Transportation and Business Machine
Plastic Parts, Table 5—Pleasure Craft
Surface Coating, and Table 6—Motor
Vehicle Materials.
(2) [Reserved]
(B) [Reserved]
3. Section 52.222 is amended by
adding paragraph (a)(5)(ii) to read as
follows:
■
§ 52.222
Negative declarations.
(a) * * *
(5) * * *
(ii) The following negative
declarations for the 2008 ozone NAAQS
were adopted by the San Diego Air
Pollution Control District on December
14, 2016, and submitted to the EPA on
April 12, 2017.
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TABLE 4 TO PARAGRAPH (a)(5)(ii)—NEGATIVE DECLARATIONS FOR THE 2008 OZONE NAAQS
CTG document No.
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).
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.
EPA–450/2–77–025 .......
EPA–450/2–77–032 .......
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77999
TABLE 4 TO PARAGRAPH (a)(5)(ii)—NEGATIVE DECLARATIONS FOR THE 2008 OZONE NAAQS—Continued
CTG document No.
CTG document title
EPA–450/2–77–033 .......
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.
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.
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–450/2–77–034 .......
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 (6/6/94).
EPA–453/R–06–004 ......
EPA–453/R–07–004 ......
EPA–453/R–07–005 ......
EPA–453/R–08–006 ......
*
*
*
*
*
4. Section 52.237 is amended by
adding paragraph (b)(2) to read as
follows:
ENVIRONMENTAL PROTECTION
AGENCY
■
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§ 52.237
40 CFR Part 180
[EPA–HQ–OPP–2019–0461; FRL–10016–23]
Part D disapproval.
(b) * * *
(2) San Diego Air Pollution Control
District.
(i) RACT determinations for the
following source categories in the
submittal titled ‘‘2008 Eight-Hour Ozone
Reasonably Available Control
Technology Demonstration for San
Diego County,’’ dated December 2016,
as adopted December 14, 2016, and
submitted on April 12, 2017.
(A) Design Criteria for Stage I Vapor
Control Systems—Gasoline Service
Stations (EPA–450/R–75–102).
(B) Tank Truck Gasoline Loading
Terminals (EPA–450/2–77–026).
(C) Manufacture of Synthesized
Pharmaceutical Products (EPA–450/2–
78–029).
(D) Industrial Cleaning Solvents
(EPA–453/R–06–001).
(E) Fiberglass Boat Manufacturing
Materials (EPA–453/R–08–004).
(F) Non-CTG major sources of VOC.
(G) Miscellaneous Metal and Plastic
Parts Coatings (EPA–453/R–08–003)
Table 3—Plastic Parts and Products,
Table 4—Automotive/Transportation
and Business Machine Plastic Parts,
Table 5—Pleasure Craft Surface Coating,
and Table 6—Motor Vehicle Materials.
(ii) [Reserved]
[FR Doc. 2020–26649 Filed 12–2–20; 8:45 am]
BILLING CODE 6560–50–P
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Sethoxydim; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of sethoxydim in
or on basil, dried leaves and basil, fresh
leaves. Interregional Research Project
Number 4 (IR–4) requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective
December 3, 2020. Objections and
requests for hearings must be received
on or before February 1, 2021, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2019–0461, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
SUMMARY:
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Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805.
Due to the public health concerns
related to COVID–19, the EPA Docket
Center (EPA/DC) and Reading Room is
closed to visitors with limited
exceptions. The staff continues to
provide remote customer service via
email, phone, and webform. For the
latest status information on EPA/DC
services and docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Marietta Echeverria, Registration
Division (7505P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; main
telephone number: (703) 305–7090;
email address: RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
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]]>Agencies
[Federal Register Volume 85, Number 233 (Thursday, December 3, 2020)]
[Rules and Regulations]
[Pages 77996-77999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26649]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2020-0136; FRL-10016-79-Region 9]
Air Plan Partial Approval and Partial Disapproval; California;
San Diego
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to partially approve and partially disapprove revisions to the
San Diego Air Pollution Control District (SDAPCD or ``District'')
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
under the jurisdiction of the SDAPCD.
DATES: This rule will be effective on January 4, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2020-0136. 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
[[Page 77997]]
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. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.
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. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On August 10, 2020 (85 FR 48127), the EPA proposed to partially
approve and partially disapprove the California Air Resources Board's
April 12, 2017 submittal of the 2008 Eight-Hour Ozone Reasonably
Available Control Technology Demonstration for San Diego County (``2016
RACT SIP'').
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'').
----------------------------------------------------------------------------------------------------------------
Our proposed action contains more information on the submittal 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 two comments. One comment was
supportive, and the other was not germane.
III. EPA Action
No comments were submitted that change our assessment of the 2016
RACT SIP as described in our proposed action. Therefore, we are
finalizing a partial approval and partial disapproval of the 2016 RACT
SIP. As authorized in sections 110(k)(3) and 301(a) of the CAA, the EPA
is finalizing a partial disapproval of the 2016 RACT SIP with respect
to those portions addressing the following source categories: Design
Criteria for Stage I Vapor Control Systems--Gasoline Service Stations
(EPA-450/R-75-102); Tank Truck Gasoline Loading Terminals (EPA-450/2-
77-026); Manufacture of Synthesized Pharmaceutical Products (EPA-450/2-
78-029); Industrial Cleaning Solvents (EPA-453/R-06-001); Fiberglass
Boat Manufacturing Materials (EPA-453/R-08-004); Non-CTG major sources
of VOC; and Miscellaneous Metal and Plastic Parts Coatings (EPA-453/R-
08-003) Table 3--Plastic Parts and Products, Table 4--Automotive/
Transportation and Business Machine Plastic Parts, Table 5--Pleasure
Craft Surface Coating, and Table 6--Motor Vehicle Materials. As a
result of the final partial disapproval, offset sanctions will be
imposed unless the EPA approves a subsequent SIP revision that corrects
the identified deficiencies within 18 months of the effective date of
this action. Highway sanctions will be imposed unless the EPA approves
a subsequent SIP revision that corrects the rule deficiencies within 24
months of the effective date of this action. These sanctions will be
imposed under section 179 of the CAA and 40 CFR 52.31. Additionally,
section 110(c) requires the EPA to promulgate a Federal implementation
plan within 24 months unless we approve subsequent SIP revisions that
correct the rule deficiencies.
As authorized in sections 110(k)(3) and 301(a) of the CAA, the EPA
is finalizing a partial approval of the 2016 RACT SIP with respect to
all remaining source categories, as proposed. The EPA is also
finalizing an approval of the District's negative declarations as
proposed.
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not an Executive Order 13771 regulatory action
because 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 SIP partial approval and partial disapproval does
not in-and-of itself create any new information collection burdens, but
simply partially approves and partially disapproves certain State
requirements for inclusion in the SIP.
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. This SIP
partial approval and partial disapproval does not in-and-of itself
create any new requirements but simply partially approves and partially
disapproves certain pre-existing State requirements for inclusion in
the SIP.
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 partially approves and partially
disapproves pre-existing requirements under State or local law and
imposes no new requirements. Accordingly, no additional costs to state,
local, or tribal governments, or to the private sector, 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
[[Page 77998]]
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 revision that the EPA is
partially disapproving would not 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 this SIP partial approval and partial
disapproval does not in-and-of itself create any new regulations, but
simply partially approves and partially disapproves certain pre-
existing State requirements for inclusion in the SIP.
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 Populations
The EPA lacks the discretionary authority to address environmental
justice in this rulemaking.
L. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
M. Petitions for Judicial Review
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 February 1, 2021. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: November 10, 2020.
John Busterud,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the Environmental
Protection Agency amends part 52, chapter I, title 40 of the Code of
Federal Regulations 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 paragraph (c)(547) to read as
follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(547) The following plan was submitted on April 12, 2017 by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) San Diego Air Pollution Control
District.
(1) 2008 Eight-Hour Ozone Reasonably Available Control Technology
Demonstration for San Diego County except those portions addressing the
following source categories: Design Criteria for Stage I Vapor Control
Systems--Gasoline Service Stations (EPA-450/R-75-102); Tank Truck
Gasoline Loading Terminals (EPA-450/2-77-026); Manufacture of
Synthesized Pharmaceutical Products (EPA-450/2-78-029); Industrial
Cleaning Solvents (EPA-453/R-06-001); Fiberglass Boat Manufacturing
Materials (EPA-453/R-08-004); Non-CTG major sources of VOC; and
Miscellaneous Metal and Plastic Parts Coatings (EPA-453/R-08-003) Table
3--Plastic Parts and Products, Table 4--Automotive/Transportation and
Business Machine Plastic Parts, Table 5--Pleasure Craft Surface
Coating, and Table 6--Motor Vehicle Materials.
(2) [Reserved]
(B) [Reserved]
0
3. Section 52.222 is amended by adding paragraph (a)(5)(ii) to read as
follows:
Sec. 52.222 Negative declarations.
(a) * * *
(5) * * *
(ii) The following negative declarations for the 2008 ozone NAAQS
were adopted by the San Diego Air Pollution Control District on
December 14, 2016, and submitted to the EPA on April 12, 2017.
Table 4 to Paragraph (a)(5)(ii)--Negative Declarations for the 2008
Ozone NAAQS
------------------------------------------------------------------------
CTG document No. 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).
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.
[[Page 77999]]
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.
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 (6/6/94).. Control of Volatile Organic
Compound Emissions from
Coating Operations at
Aerospace Manufacturing and
Rework Operations; Aerospace
MACT.
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.
------------------------------------------------------------------------
* * * * *
0
4. Section 52.237 is amended by adding paragraph (b)(2) to read as
follows:
Sec. 52.237 Part D disapproval.
(b) * * *
(2) San Diego Air Pollution Control District.
(i) RACT determinations for the following source categories in the
submittal titled ``2008 Eight-Hour Ozone Reasonably Available Control
Technology Demonstration for San Diego County,'' dated December 2016,
as adopted December 14, 2016, and submitted on April 12, 2017.
(A) Design Criteria for Stage I Vapor Control Systems--Gasoline
Service Stations (EPA-450/R-75-102).
(B) Tank Truck Gasoline Loading Terminals (EPA-450/2-77-026).
(C) Manufacture of Synthesized Pharmaceutical Products (EPA-450/2-
78-029).
(D) Industrial Cleaning Solvents (EPA-453/R-06-001).
(E) Fiberglass Boat Manufacturing Materials (EPA-453/R-08-004).
(F) Non-CTG major sources of VOC.
(G) Miscellaneous Metal and Plastic Parts Coatings (EPA-453/R-08-
003) Table 3--Plastic Parts and Products, Table 4--Automotive/
Transportation and Business Machine Plastic Parts, Table 5--Pleasure
Craft Surface Coating, and Table 6--Motor Vehicle Materials.
(ii) [Reserved]
[FR Doc. 2020-26649 Filed 12-2-20; 8:45 am]
BILLING CODE 6560-50-P
