Air Plan Approval; California; Eastern Kern Air Pollution Control District, 47435-47441 [2021-17239]
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Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Proposed Rules
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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 is proposing
to amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
equipment engaged in blasting
operations and any blasting worksites.
(b) Definitions. As used in this
section, Designated Representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Northern New England (COTP)
in the enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s Designated
Representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
Designated Representative via VHF–FM
marine channel 16 or by contacting the
Coast Guard Sector Northern New
England Command Center at (207) 741–
5465. 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.
(d) Enforcement period. This section
is effective from October 15, 2021,
through April 15, 2022, but will only be
enforced while dredging or blasting
operations are in progress. The Coast
Guard will utilize Broadcast Notice to
Mariners and Local Notice to Mariners
to notify the public of the time and
duration that these safety zones will be
enforced.
Dated: August 16, 2021.
A.E. Florentino,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Northern New England.
[FR Doc. 2021–17891 Filed 8–24–21; 8:45 am]
BILLING CODE 9110–04–P
1. The authority citation for part 165
continues to read as follows:
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■
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. 00170.1.
ENVIRONMENTAL PROTECTION
AGENCY
■
2. Add § 165.T01–0344 to read as
follows:
[EPA–R09–OAR–2021–0524; FRL–8808–01–
R9]
§ 165.T01–0344 Safety Zone; Piscataqua
River Turning Basin Dredge Project,
Portsmouth, NH.
Air Plan Approval; California; Eastern
Kern Air Pollution Control District
(a) Locations. The following areas are
a safety zone: (1) Safety zone 1. All
navigable waters of the Piscataqua
River, from surface to bottom, within a
100-yard radius around any vessel,
barge, or dredging equipment engaged
in dredging operations.
(2) Safety zone 2. All navigable waters
of the Piscataqua River, from surface to
bottom, within a 500-yard radius around
any vessel, barge, or dredging
AGENCY:
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40 CFR Part 52
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the Eastern Kern Air
Pollution Control District (EKAPCD)
portion of the California State
Implementation Plan (SIP) concerning
the EKAPCD’s demonstration regarding
SUMMARY:
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47435
reasonably available control technology
(RACT) requirements and negative
declarations for the 2008 8-hour ozone
National Ambient Air Quality Standards
(NAAQS or ‘‘standards’’) in the portion
of the Kern County nonattainment area
under the jurisdiction of EKAPCD. We
are proposing action on a SIP revision
under the Clean Air Act (CAA or the
Act). We are taking comments on this
proposal and plan to follow with a final
action.
DATES: Comments must be received on
or before September 24, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2021–0524 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,
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submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. 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:
Nicole Law, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 947–4126 or by
email at Law.Nicole@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?
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C. What is the purpose of the submitted
document?
D. What portion of the RACT SIP submittal
is addressed in this notice?
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. The EPA’s Recommendations to Further
Improve the RACT SIP
D. 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
Resource Board (CARB).
TABLE 1—SUBMITTED DOCUMENT
Local agency
Document
EKAPCD ...........
Eastern Kern Air Pollution Control District Reasonably Available Control Technology
(RACT) State Implementation Plan (SIP) For The 2008 Ozone National Ambient Air
Quality Standards (NAAQS) (‘‘2017 RACT SIP’’).
On February 9, 2018 the submittal for
the EKAPCD 2017 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 EKAPCD 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 nonattainment areas
classified as Moderate or above
implement RACT for any source
covered by a Control Techniques
Guidelines (CTG) document and for any
major source of VOCs or NOX. The
EKAPCD is subject to this requirement
as it regulates the Eastern Kern ozone
nonattainment area that was designated
and classified as a Moderate
nonattainment area for the 2008 8-hour
ozone NAAQS at the time of submittal.1
Therefore, the EKAPCD must, at a
minimum, adopt RACT-level controls
for all sources covered by a CTG
document and for all major non-CTG
sources of VOCs or NOX within the
ozone nonattainment area 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
1 The EPA has since reclassified the Eastern Kern
ozone nonattainment area to ‘‘Serious’’ on July 5,
2018 (83 FR 31334) and ‘‘Severe’’ on June 7, 2021
(86 FR 30204).
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Adopted
is a major stationary source in a
Moderate ozone nonattainment area
(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
no sources in the nonattainment area 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 EKAPCD’s
RACT SIP submittal (‘‘2017 RACT SIP’’)
and negative declarations provide
EKAPCD’s analyses of its compliance
with the CAA section 182 RACT
requirements for the 2008 8-hour ozone
NAAQS.
The EPA’s technical support
document (TSD) has more information
about EKAPCD’s RACT SIP, negative
declarations, and the EPA’s evaluations
thereof.
D. What portion of the RACT SIP
submittal is addressed in this notice?
This proposal is one of three EPA
actions on the EKAPCD 2017 RACT SIP
submittal. The other two actions are as
follows:
(1) On January 14, 2021, the EPA
approved EKAPCD’s negative
declaration for the CTG category
associated with the Oil and Natural Gas
Industry (EPA–453/B–16–001). We
assessed internet sites for California’s
Department of Conservation Geologic
Energy Management Devisions
(CalGEM) Well Finder, CARB’s
pollution mapping tool, and the
California Energy Commission’s
2 80
FR 12264 (March 6, 2015).
at 12278.
4 Id.; 70 FR 71612, 71652 (November 29, 2005).
3 Id.
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05/11/2017
Submitted
08/09/2017
California Natural Gas Pipelines and
determined there were no oil and gas
operations within EKAPCD’s
jurisdiction convered by the Oil and
Natural Gas CTG.5
(2) The amended rules for major
source NOX were submitted separately
on May 23, 2018 and August 22, 2018.
These rules and the RACT certification
for major source NOX will be addressed
in a separate action.
This proposed action addresses the
remainder of the 2017 RACT SIP
submission. Additional details about the
submission and the EPA’s separate
actions thereon are available in the TSD.
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the
submitted document?
Generally, SIP rules must require
RACT for each category of sources
covered by a CTG document as well as
each major source of VOCs or NOX in
ozone nonattainment areas classified as
Moderate or above (see CAA section
182(b)(2)). At the time of submittal, the
EKAPCD regulated an ozone
nonattainment area classified as
Moderate for the 2008 ozone standard
(40 CFR 81). Therefore, the EKAPCD
rules must implement RACT.
States should also submit for SIP
approval negative declarations for those
source categories for which they have
not adopted RACT-level regulations
(because they have no sources above the
CTG-recommended applicability
threshold), regardless of whether such
negative declarations were made for an
earlier SIP.6 To do so, the submittal
should provide reasonable assurance
that no sources subject to the CTG
5 Technical Support Document for EPA’s Clean
Air Act Rulemaking for the California State
Implementation Plan Eastern Kern County Air
Pollution Control District Negative Declaration for
Control Techniques Guidelines for the Oil and
Natural Gas Industry date August 2020 and
prepared by Sina Schwenk-Mueller.
6 57 FR 13498, 13512 (April 16, 1992).
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requirements currently exist in the
portion of the ozone nonattainment area
that is regulated by the EKAPCD.
The District’s analysis must
demonstrate that each major source of
VOCs or NOX in the ozone
nonattainment area is covered by a
RACT-level rule. In addition, for each
CTG source category, the County 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. ‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and Deviations,’’
EPA, May 25, 1988 (the Bluebook, revised
January 11, 1990).
3. ‘‘Guidance Document for Correcting
Common VOC & Other Rule Deficiencies,’’
EPA Region 9, 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).
B. Does the document meet the
evaluation criteria?
EKAPCD’s 2017 RACT SIP provides
the District’s demonstration that the
applicable SIP for the EKAPCD satisfies
CAA section 182 RACT requirements for
the 2008 8-hour ozone NAAQS. This
conclusion is based on EKAPCD’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, EKAPCD analyzed in Section
VI., ‘‘RACT ANALYSIS,’’ of the 2017
RACT SIP those rules and source
categories that had sources within the
District subject to the CTGs. Based on
our analysis, the EPA concludes that
EKAPCD’s analysis has demonstrated
that the required rules are in place. In
this rulemaking, we propose to find that
EKAPCD Rules 410.3, 410.4, 410.8,
410.9, and 412 establish RACT-level
controls for the sources within the
following CTG categories: ‘‘Design
Criterial for Stage I Vapor Control
Systems—Gasoline Service Stations’’
(EPA–450/R–75–102), ‘‘Control of
Volatile Organic Emissions from Solvent
Metal Cleaning’’ (EPA–450/2–77–022),
‘‘Control of Volatile Organic Emissions
from Existing Stationary Sources—
Volume VI: Surface Coating of
Miscellaneous Metal Parts and
Products’’ (EPA–450/2–78–015),
‘‘Control of Volatile Organic Compound
Leaks from Gasoline Tank Trucks and
Vapor Collection Systems’’ (EPA–450/
2–78–051), ‘‘Control Technique
Guidelines for Miscellaneous Metal and
Plastic Parts Coatings’’ (EPA–453/R–08–
003), ‘‘Control of Volatile Organic
Compound Emissions from Wood
Furniture Manufacturing Operations’’
47437
(EPA–453/R–96–007), and ‘‘Control of
Volatile Organic Compound Emissions
from Coating Operations at Aerospace
Manufacturing and Rework Operations’’
(EPA–453/R–97–004). Our TSD has
additional information about our
evaluation of these rules.
Where there are no existing sources
covered by a particular CTG document,
or no major non-CTG sources of NOX or
VOC, states may, in lieu of adopting
RACT requirements for those sources,
adopt negative declarations certifying
that there are no such sources in the
relevant nonattainment area. Table 6 of
the 2017 RACT SIP lists EKAPCD’s
negative declarations where it has no
sources subject to the applicable CTGs
for the 2008 8-hour ozone NAAQS.
These negative declarations are listed in
Table 2 below. EKAPCD concludes that
it has no sources subject to the CTGs
based on a review of its permit files,
emission inventory, and consultation
with permitting and enforcement staff.
Additionally, EKAPCD determined it
had sources exceeding the 100 tpy major
source threshold for NOX and VOC.
However, Table 5 of the 2017 RACT SIP
indicates EKAPCD’s negative
declaration that there are no non-CTG
major VOC sources for the 2008 8-hour
ozone NAAQS. As described in more
detail in our TSD, we conclude that
EKAPCD properly identified all major
non-CTG sources requiring RACT.
We reviewed EKAPCD’s list of
negative declarations in Table 6 of the
2017 RACT SIP and California
Emissions Inventory data 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 2017 RACT SIP and
propose to approve them into the SIP.
TABLE 2—EKAPCD NEGATIVE DECLARATIONS
CTG document number and date
CTG document title
(EPA–450–2–77–008, 1977/05) .....
Control of Volatile Organic Emissions from Existing Stationary Sources—Volume II: Surface Coating of
Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks.
Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds.
Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals.
Control of VOC 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 VOC Emissions from Existing Stationary Sources—Volume V: Surface Coating of Large Appliances.
Control of VOC Emissions from Bulk Gasoline Plants.
Control of VOC Emissions from Storage of Petroleum Liquids in Fixed-Roof Tanks.
Control of VOC Emissions from Use of Cutback Asphalt.
Control of VOC Emissions from Existing Stationary Sources—Volume VII: Factory Surface Coating of Flat
Wood Paneling.
Control of VOC Leaks from Petroleum Refinery Equipment.
Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products.
Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires.
(EPA–450/2–77–025, 1977/10) ......
(EPA–450/2–77–026, 1977/10) ......
(EPA–450/2–77–032, 1977/12) ......
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(EPA–450/2–77–033, 1977/12) ......
(EPA–450/2–77–034, 1977/12) ......
(EPA–450/2–77–035,
(EPA–450/2–77–036,
(EPA–450/2–77–037,
(EPA–450/2–78–032,
1977/12)
1977/12)
1977/12)
1978/06)
......
......
......
......
(EPA–450/2–78–036, 1978/06) ......
(EPA–450/2–78–029, 1978/12) ......
(EPA–450/2–78–030, 1978/12) ......
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TABLE 2—EKAPCD NEGATIVE DECLARATIONS—Continued
CTG document number and date
CTG document title
(EPA–450/2–78–033, 1978/12) ......
Control of VOC Emissions from Existing Stationary Sources—Volume VIII: Graphic Arts-Rotogravure and
Flexography.
Control of VOC Emissions from Petroleum Liquid Storage in External Floating Roof Tanks.
Control of VOC Emissions from Large Petroleum Dry Cleaners.
Control of VOC Emissions from Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene
Resins.
Control of VOC Equipment Leaks from Natural Gas/Gasoline Processing Plants.
Control of VOC Leaks from Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment.
Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products.
Control of VOC Emissions from Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry.
Control of VOC Emissions from Reactor Processes and Distillation Operations in Synthetic Organic Chemical Manufacturing Industry.
Control Techniques Guidelines for Shipbuilding and Ship Repair Operations (Surface Coating).
Control Techniques Guidelines for Industrial Cleaning Solvents.
Control Techniques Guidelines for Offset Lithographic Printing and Letterpress Printing.
Control Techniques Guidelines for Flexible Package Printing.
Control Techniques Guidelines for Flat Wood Paneling Coatings.
Control Techniques Guidelines for Paper, Film, and Foil Coatings.
Control Techniques Guidelines for Large Appliance Coatings.
Control Techniques Guidelines for Metal Furniture Coatings.
Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials.
Control Techniques Guidelines for Miscellaneous Industrial Adhesives.
Control Techniques Guidelines for Automobile and Light-Duty Truck Assembly Coatings.
(EPA–450/2–78–047, 1978/12) ......
(EPA–450/3–82–009, 1982/09) ......
(EPA–450/3–83–008, 1983/11) ......
(EPA–450/3–83–007,
(EPA–450/3–83–006,
(EPA–450/2–78–029,
(EPA–450/3–84–015,
1983/12)
1984/03)
1978/12)
1984/12)
......
......
......
......
(EPA–450/4–91–031, 1993/08) ......
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(61 FR 44050 8/27/1996, 1996/08)
(EPA–453/R–06–001, 2006/09) ......
(EPA–453/R–06–002, 2006/09) ......
(EPA–453/R–06–003, 2006/09) ......
(EPA–453/R–06–004, 2006/09) ......
(EPA–453/R–07–003, 2007/09) ......
(EPA–453/R–07–005, 2007/09) ......
(EPA–453/R–07–005, 2007/09) ......
(EPA–453/R–08–004, 2008/09) ......
(EPA–453/R–08–005, 2008/09) ......
(EPA–453/R–08–006, 2008/09) ......
C. The EPA’s Recommendations to
Further Improve the RACT SIP
D. Public Comment and Proposed
Action
The TSD includes recommendations
for future rule improvements. These
recommendations address rule
stringency and clarity and update rule
language.
As authorized in section 110(k)(3) of
the Act, the EPA proposes to approve
CARB’s submittal of the EKAPCD 2017
RACT SIP, as reflected in Tables 3 and
4. As discussed above, the RACT SIP
must document current RACT for
sources covered by CTGs and for major
non-CTG sources for VOC and NOX
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emissions. We have determined that the
2017 RACT SIP documents RACT for all
CTG sources and non-CTG major VOC
sources. For these reasons and the
reasons discussed above, we are
proposing to approve the District’s
certification that it has met RACT
requirements for items reflected in
Tables 3 and 4 for the 2008 8-hour
ozone NAAQS as demonstrated in its
2017 RACT SIP.
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TABLE 3—LIST OF CTG CATEGORIES—2008 OZONE NAAQS
EPA document No.
CTG source category
EPA–450/R–75–102 ...................................
Design Criteria for Stage I Vapor Control
Systems—Gasoline Service Stations.
Control of Volatile Organic Emissions
from Existing Stationary Sources—Volume II: Surface Coating of Cans.
Control of Volatile Organic Emissions
from Existing Stationary Sources—Volume II: Surface Coating of Coils.
Control of Volatile Organic Emissions
from Existing Stationary Sources—Volume II: Surface Coating of Paper.
Control of Volatile Organic Emissions
from Existing Stationary Sources—Volume II: Surface Coating of Fabrics.
Control of Volatile Organic Emissions
from Existing Stationary Sources—Volume II: Surface Coating of Automobiles, and Light-Duty Trucks.
Control of Volatile Organic Emissions
from Solvent Metal Cleaning.
Control of Refinery Vacuum Producing
Systems, Wastewater Separators, and
Process Unit Turnarounds.
Control of Hydrocarbons from Tank Truck
Gasoline Loading Terminals.
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 Bulk Gasoline Plants.
Control of Volatile Organic Emissions
from Storage of Petroleum Liquids in
Fixed-Roof Tanks.
Control of Volatile Organic Emissions
from Use of Cutback Asphalt.
Control of Volatile Organic Emissions
from Existing Stationary Sources—Volume VI: Surface Coating of Miscellaneous Metal Parts and Products.
Control of Volatile Organic Emissions
from Manufacture of Synthesized Pharmaceutical Products.
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 Emissions
from Existing Stationary Sources—Volume VIII: Graphic Arts-Rotogravure and
Flexography.
Control of Volatile Organic Compound
Leaks from Petroleum Refinery Equipment.
Control of Volatile Organic Emissions
from Petroleum Liquid Storage in External Floating Roof Tanks.
Control of Volatile Organic Compound
Leaks from Gasoline Tank Trucks and
Vapor Collection Systems.
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 HighDensity Polyethylene, Polypropylene,
and Polystyrene Resins.
Control of Volatile Organic Compound
Emissions from Air Oxidation Processes in Synthetic Organic Chemical
Manufacturing Industry.
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 ...................................
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 ...................................
khammond on DSKJM1Z7X2PROD with PROPOSALS
EPA–450/3–83–006 ...................................
EPA–450/3–83–007 ...................................
EPA–450/3–83–008 ...................................
EPA–450/3–84–015 ...................................
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EKAPCD rule
number claimed as
RACT
Negative
declaration
submitted
Rule 412 ....................................................
........................
Approval.
....................................................................
X
Approval.
....................................................................
X
Approval.
....................................................................
X
Approval.
....................................................................
X
Approval.
....................................................................
X
Approval.
Rule 410.3 .................................................
........................
Approval.
....................................................................
X
Approval.
....................................................................
X
Approval.7
....................................................................
X
Approval.8
....................................................................
X
Approval.9
....................................................................
X
Approval.10
....................................................................
X
Approval.11
....................................................................
X
Approval.12
....................................................................
X
Approval.
Rule 410.4 .................................................
........................
Approval.
....................................................................
X
Approval.
....................................................................
X
Approval.
....................................................................
X
Approval.13
....................................................................
X
Approval.14
....................................................................
X
Approval.15
....................................................................
X
Approval.16
Rule 412 ....................................................
........................
....................................................................
X
Approval.17
....................................................................
X
Approval.18
....................................................................
X
Approval.19
....................................................................
X
Approval.
....................................................................
X
Approval.
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E:\FR\FM\25AUP1.SGM
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EPA proposed action
Approval.
47440
Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Proposed Rules
TABLE 3—LIST OF CTG CATEGORIES—2008 OZONE NAAQS—Continued
EPA document No.
CTG source category
EPA–450/4–91–031 ...................................
Control of Volatile Organic Compound
Emissions from Reactor Processes and
Distillation Operations in Synthetic Organic Chemical Manufacturing Industry.
Control Techniques Guidelines for Industrial Cleaning Solvents.
Control Technology Guidelines for Offset
Lithographic Printing and Letterpress
Printing.
Control Techniques Guidelines for Flexible Package Printing.
Control Technique Guidelines for Flat
Wood Paneling Coatings.
Control Techniques Guidelines for Paper
Coatings.
Control Techniques Guidelines for Film
Coatings.
Control Techniques Guidelines for Foil
Coatings.
Control Techniques Guidelines for Large
Appliance Coatings.
Control Techniques Guidelines for Metal
Furniture Coatings.
Control Technique Guidelines for Miscellaneous Metal and Plastic Parts
Coatings.
Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials.
Control Techniques Guidelines for Miscellaneous Industrial Adhesives.
Control Techniques Guidelines for Automobile and Light-duty Truck Assembly
Coatings.
Control of Volatile Organic Compound
Emissions from Wood Furniture Manufacturing Operations.
Alternative Control Technology Document—Surface Coating Operations at
Shipbuilding and Ship Repair Facilities
CTG, see 61 FR–44050, 8/27/96.
Control Techniques Guidelines for Shipbuilding and Ship Repair Operations
(Surface Coating).
Control of VOC Emissions from Coating
Operations at Aerospace Manufacturing
and Rework Operations.
Control Techniques Guidelines for the Oil
and Natural Gas Industry.
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–07–003 ...................................
EPA–453/R–07–003 ...................................
EPA–453/R–07–004 ...................................
EPA–453/R–07–005 ...................................
EPA–453/R–08–003 ...................................
EPA–453/R–08–004 ...................................
EPA–453/R–08–005 ...................................
EPA–453/R–08–006 ...................................
EPA–453/R–96–007 ...................................
EPA–453/R–94–032 ...................................
61 FR–44050–8/27/96 ................................
EPA–453/R–97–004 ...................................
khammond on DSKJM1Z7X2PROD with PROPOSALS
EPA–453/B–16–001 ...................................
7 The District identified Rule 412 for this CTG
category and submitted a negative declaration. In
this action, we are proposing to approve the
negative declaration.
8 The District identified Rule 410.4 for this CTG
category and submitted a negative declaration. In
this action, we are proposing to approve the
negative declaration.
9 The District identified Rule 410.4 for this CTG
category and submitted a negative declaration. In
this action, we are proposing to approve the
negative declaration.
10 The District identified Rule 410.4 for this CTG
category and submitted a negative declaration. In
this action, we are proposing to approve the
negative declaration.
11 The District identified Rule 412 for this CTG
category and submitted a negative declaration. In
this action, we are proposing to approve the
negative declaration.
12 The District identified Rule 411 for this CTG
category and submitted a negative declaration. In
this action, we are proposing to approve the
negative declaration.
13 The District identified Rule 410.9 for this CTG
category and submitted a negative declaration. In
this action, we are proposing to approve the
negative declaration.
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EKAPCD rule
number claimed as
RACT
Negative
declaration
submitted
....................................................................
X
Approval.
....................................................................
X 20
Approval.
....................................................................
X 21
Approval.22
....................................................................
X
Approval.23
....................................................................
X
Approval.24
....................................................................
X
Approval.
....................................................................
X
Approval.
....................................................................
X
Approval.
....................................................................
X
Approval.25
....................................................................
X
Approval.26
Rule 410.4 .................................................
........................
Approval.
....................................................................
X
Approval.
....................................................................
X
Approval.
....................................................................
X
Approval.27
Rule 410.9 .................................................
........................
Approval.
....................................................................
X
Approval.
....................................................................
X
Approval.28
Rule 410.8 .................................................
........................
....................................................................
X
14 The District identified Rule 410.7 for this CTG
category and submitted a negative declaration. In
this action, we are proposing to approve the
negative declaration.
15 The District identified Rules 414.1 and 414.5
for this CTG category and submitted a negative
declaration. In this action, we are proposing to
approve the negative declaration.
16 The District identified Rule 411 for this CTG
category and submitted a negative declaration. In
this action, we are proposing to approve the
negative declaration.
17 The District identified Rule 410.6A for this
CTG category and submitted a negative declaration.
In this action, we are proposing to approve the
negative declaration.
18 The District identified Rule 414.1 for this CTG
category and submitted a negative declaration. In
this action, we are proposing to approve the
negative declaration.
19 The District identified Rules 414.1 and 414.5
for this CTG category and submitted a negative
declaration. In this action, we are proposing to
approve the negative declaration.
20 For this CTG category, the district found there
to be no sources greater than the CTG applicability.
21 For this CTG category, the district found there
to be no sources greater than the CTG applicability.
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EPA proposed action
Approval.
EPA approved this negative declaration
on January 14, 2021 (86 FR 3816).
22 The District identified Rule 410.7 for this CTG
category and submitted a negative declaration. In
this action, we are proposing to approve the
negative declaration.
23 The District identified Rule 410.7 for this CTG
category and submitted a negative declaration. In
this action, we are proposing to approve the
negative declaration.
24 The District identified Rule 410.9 for this CTG
category and submitted a negative declaration. In
this action, we are proposing to approve the
negative declaration.
25 The District identified Rule 410.4 for this CTG
category and submitted a negative declaration. In
this action, we are proposing to approve the
negative declaration.
26 The District identified Rule 410.4 for this CTG
category and submitted a negative declaration. In
this action, we are proposing to approve the
negative declaration.
27 The District identified Rule 410.4A for this
CTG category and submitted a negative declaration.
In this action, we are proposing to approve the
negative declaration.
28 The District identified Rule 410.4 for this CTG
category and submitted a negative declaration. In
this action, we are proposing to approve the
negative declaration.
E:\FR\FM\25AUP1.SGM
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Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Proposed Rules
47441
TABLE 4—RACT FOR MAJOR NON-CTG VOC/NOX SOURCES IN EKAPCD—2008 OZONE NAAQS
Category
Major non-CTG sources in
District?
Covered by SIP-Approved
RACT-Level EKAPCD Rules
Major (100+ tpy) non-CTG VOC
sources.
Major (100+ tpy) non-CTG NOX
sources.
None listed ....................................
N/A ................................................
Approval.
Yes ................................................
No .................................................
EPA is not acting on this element
in this action
We will accept comments from the
public on this proposal until September
24, 2021. If finalized, this action would
incorporate the approved portions of the
2017 RACT SIP and negative
declarations into the SIP.
khammond on DSKJM1Z7X2PROD with PROPOSALS
III. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this proposed action
merely proposes to approve state law as
meeting federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
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16:13 Aug 24, 2021
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Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
EPA proposed action
Commission is proposing to define
when nonperformance of transportation
has occurred and to establish uniform
procedures regarding how and when
passengers may make claims for refunds
under a passenger vessel operator’s
financial responsibility instrument
when nonperformance occurs. This
rulemaking resulted from
recommendations in an Interim Report
issued by the Fact Finding Officer in
Commission Fact Finding Investigation
No. 30: COVID–19 Impact on Cruise
Industry.
AGENCY:
Submit comments on or before
October 25, 2021.
ADDRESSES: You may submit comments,
identified by Docket No. 20–15, by the
following methods:
• Email: secretary@fmc.gov. For
comments, include in the subject line:
‘‘Docket No. 20–15, Comments on PVO
Financial Responsibility Rulemaking.’’
Comments should be attached to the
email as a Microsoft Word or textsearchable PDF document.
Instructions: For detailed instructions
on submitting comments, including
requesting confidential treatment of
comments, and additional information
on the rulemaking process, see the
Public Participation heading of the
Supplementary Information section of
this document. Note that all comments
received will be posted without change
to the Commission’s website, unless the
commenter has requested confidential
treatment.
Docket: For access to the docket to
read background documents or
comments received, go to the
Commission’s Electronic Reading Room
at: https://www2.fmc.gov/readingroom/
proceeding/20-15/.
FOR FURTHER INFORMATION CONTACT:
Rachel E. Dickon, Secretary; Phone:
(202) 523–5725; Email: secretary@
fmc.gov.
ACTION:
SUPPLEMENTARY INFORMATION:
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: August 6, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021–17239 Filed 8–24–21; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL MARITIME COMMISSION
46 CFR Part 540
[Docket No. 20–15]
RIN 3072–AC82
Passenger Vessel Financial
Responsibility
Federal Maritime Commission.
Notice of proposed rulemaking
(NPRM).
The Federal Maritime
Commission (Commission) is issuing
this NPRM to seek comment on
potential regulatory changes to its
passenger vessel operator financial
responsibility requirements. The
SUMMARY:
PO 00000
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Fmt 4702
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DATES:
Table of Contents
I. Introduction
II. Background
III. ANPRM Proposed Changes and Summary
of Comments
A. Defining Nonperformance of
Transportation
E:\FR\FM\25AUP1.SGM
25AUP1
]]>Agencies
[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Proposed Rules]
[Pages 47435-47441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17239]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0524; FRL-8808-01-R9]
Air Plan Approval; California; Eastern Kern Air Pollution Control
District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Eastern Kern Air Pollution Control District
(EKAPCD) portion of the California State Implementation Plan (SIP)
concerning the EKAPCD's demonstration regarding reasonably available
control technology (RACT) requirements and negative declarations for
the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS or
``standards'') in the portion of the Kern County nonattainment area
under the jurisdiction of EKAPCD. We are proposing action on a SIP
revision under the Clean Air Act (CAA or the Act). We are taking
comments on this proposal and plan to follow with a final action.
DATES: Comments must be received on or before September 24, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2021-0524 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. 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: Nicole Law, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4126 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?
[[Page 47436]]
C. What is the purpose of the submitted document?
D. What portion of the RACT SIP submittal is addressed in this
notice?
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. The EPA's Recommendations to Further Improve the RACT SIP
D. 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 Resource Board (CARB).
Table 1--Submitted Document
------------------------------------------------------------------------
Local agency Document Adopted Submitted
------------------------------------------------------------------------
EKAPCD................ Eastern Kern Air 05/11/2017 08/09/2017
Pollution
Control
District
Reasonably
Available
Control
Technology
(RACT) State
Implementation
Plan (SIP) For
The 2008 Ozone
National
Ambient Air
Quality
Standards
(NAAQS) (``2017
RACT SIP'').
------------------------------------------------------------------------
On February 9, 2018 the submittal for the EKAPCD 2017 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 EKAPCD 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 nonattainment areas classified as
Moderate or above implement RACT for any source covered by a Control
Techniques Guidelines (CTG) document and for any major source of VOCs
or NOX. The EKAPCD is subject to this requirement as it
regulates the Eastern Kern ozone nonattainment area that was designated
and classified as a Moderate nonattainment area for the 2008 8-hour
ozone NAAQS at the time of submittal.\1\ Therefore, the EKAPCD must, at
a minimum, adopt RACT-level controls for all sources covered by a CTG
document and for all major non-CTG sources of VOCs or NOX
within the ozone nonattainment area 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 nonattainment area (CAA section 182(b)(2), (f) and
302(j)).
---------------------------------------------------------------------------
\1\ The EPA has since reclassified the Eastern Kern ozone
nonattainment area to ``Serious'' on July 5, 2018 (83 FR 31334) and
``Severe'' on June 7, 2021 (86 FR 30204).
---------------------------------------------------------------------------
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 no sources in the nonattainment area
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 EKAPCD's RACT SIP submittal (``2017 RACT SIP'') and negative
declarations provide EKAPCD's analyses of its compliance with the CAA
section 182 RACT requirements for the 2008 8-hour ozone NAAQS.
---------------------------------------------------------------------------
\2\ 80 FR 12264 (March 6, 2015).
\3\ Id. at 12278.
\4\ Id.; 70 FR 71612, 71652 (November 29, 2005).
---------------------------------------------------------------------------
The EPA's technical support document (TSD) has more information
about EKAPCD's RACT SIP, negative declarations, and the EPA's
evaluations thereof.
D. What portion of the RACT SIP submittal is addressed in this notice?
This proposal is one of three EPA actions on the EKAPCD 2017 RACT
SIP submittal. The other two actions are as follows:
(1) On January 14, 2021, the EPA approved EKAPCD's negative
declaration for the CTG category associated with the Oil and Natural
Gas Industry (EPA-453/B-16-001). We assessed internet sites for
California's Department of Conservation Geologic Energy Management
Devisions (CalGEM) Well Finder, CARB's pollution mapping tool, and the
California Energy Commission's California Natural Gas Pipelines and
determined there were no oil and gas operations within EKAPCD's
jurisdiction convered by the Oil and Natural Gas CTG.\5\
---------------------------------------------------------------------------
\5\ Technical Support Document for EPA's Clean Air Act
Rulemaking for the California State Implementation Plan Eastern Kern
County Air Pollution Control District Negative Declaration for
Control Techniques Guidelines for the Oil and Natural Gas Industry
date August 2020 and prepared by Sina Schwenk-Mueller.
---------------------------------------------------------------------------
(2) The amended rules for major source NOX were
submitted separately on May 23, 2018 and August 22, 2018. These rules
and the RACT certification for major source NOX will be
addressed in a separate action.
This proposed action addresses the remainder of the 2017 RACT SIP
submission. Additional details about the submission and the EPA's
separate actions thereon are available in the TSD.
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the submitted document?
Generally, SIP rules must require RACT for each category of sources
covered by a CTG document as well as each major source of VOCs or
NOX in ozone nonattainment areas classified as Moderate or
above (see CAA section 182(b)(2)). At the time of submittal, the EKAPCD
regulated an ozone nonattainment area classified as Moderate for the
2008 ozone standard (40 CFR 81). Therefore, the EKAPCD rules must
implement RACT.
States should also submit for SIP approval negative declarations
for those source categories for which they have not adopted RACT-level
regulations (because they have no sources above the CTG-recommended
applicability threshold), regardless of whether such negative
declarations were made for an earlier SIP.\6\ To do so, the submittal
should provide reasonable assurance that no sources subject to the CTG
[[Page 47437]]
requirements currently exist in the portion of the ozone nonattainment
area that is regulated by the EKAPCD.
---------------------------------------------------------------------------
\6\ 57 FR 13498, 13512 (April 16, 1992).
---------------------------------------------------------------------------
The District's analysis must demonstrate that each major source of
VOCs or NOX in the ozone nonattainment area is covered by a
RACT-level rule. In addition, for each CTG source category, the County
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. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies,
and Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January
11, 1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, 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).
B. Does the document meet the evaluation criteria?
EKAPCD's 2017 RACT SIP provides the District's demonstration that
the applicable SIP for the EKAPCD satisfies CAA section 182 RACT
requirements for the 2008 8-hour ozone NAAQS. This conclusion is based
on EKAPCD'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, EKAPCD analyzed in Section
VI., ``RACT ANALYSIS,'' of the 2017 RACT SIP those rules and source
categories that had sources within the District subject to the CTGs.
Based on our analysis, the EPA concludes that EKAPCD's analysis has
demonstrated that the required rules are in place. In this rulemaking,
we propose to find that EKAPCD Rules 410.3, 410.4, 410.8, 410.9, and
412 establish RACT-level controls for the sources within the following
CTG categories: ``Design Criterial for Stage I Vapor Control Systems--
Gasoline Service Stations'' (EPA-450/R-75-102), ``Control of Volatile
Organic Emissions from Solvent Metal Cleaning'' (EPA-450/2-77-022),
``Control of Volatile Organic Emissions from Existing Stationary
Sources--Volume VI: Surface Coating of Miscellaneous Metal Parts and
Products'' (EPA-450/2-78-015), ``Control of Volatile Organic Compound
Leaks from Gasoline Tank Trucks and Vapor Collection Systems'' (EPA-
450/2-78-051), ``Control Technique Guidelines for Miscellaneous Metal
and Plastic Parts Coatings'' (EPA-453/R-08-003), ``Control of Volatile
Organic Compound Emissions from Wood Furniture Manufacturing
Operations'' (EPA-453/R-96-007), and ``Control of Volatile Organic
Compound Emissions from Coating Operations at Aerospace Manufacturing
and Rework Operations'' (EPA-453/R-97-004). Our TSD has additional
information about our evaluation of these rules.
Where there are no existing sources covered by a particular CTG
document, or no major non-CTG sources of NOX or VOC, states
may, in lieu of adopting RACT requirements for those sources, adopt
negative declarations certifying that there are no such sources in the
relevant nonattainment area. Table 6 of the 2017 RACT SIP lists
EKAPCD's negative declarations where it has no sources subject to the
applicable CTGs for the 2008 8-hour ozone NAAQS. These negative
declarations are listed in Table 2 below. EKAPCD concludes that it has
no sources subject to the CTGs based on a review of its permit files,
emission inventory, and consultation with permitting and enforcement
staff.
Additionally, EKAPCD determined it had sources exceeding the 100
tpy major source threshold for NOX and VOC. However, Table 5
of the 2017 RACT SIP indicates EKAPCD's negative declaration that there
are no non-CTG major VOC sources for the 2008 8-hour ozone NAAQS. As
described in more detail in our TSD, we conclude that EKAPCD properly
identified all major non-CTG sources requiring RACT.
We reviewed EKAPCD's list of negative declarations in Table 6 of
the 2017 RACT SIP and California Emissions Inventory data 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 2017 RACT SIP
and propose to approve them into the SIP.
Table 2--EKAPCD Negative Declarations
------------------------------------------------------------------------
CTG document number and date CTG document title
------------------------------------------------------------------------
(EPA-450-2-77-008, 1977/05)....... Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume II: Surface Coating
of Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty Trucks.
(EPA-450/2-77-025, 1977/10)....... Control of Refinery Vacuum Producing
Systems, Wastewater Separators, and
Process Unit Turnarounds.
(EPA-450/2-77-026, 1977/10)....... Control of Hydrocarbons from Tank
Truck Gasoline Loading Terminals.
(EPA-450/2-77-032, 1977/12)....... Control of VOC Emissions from
Existing Stationary Sources--Volume
III: Surface Coating of Metal
Furniture.
(EPA-450/2-77-033, 1977/12)....... Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume IV: Surface Coating
of Insulation of Magnet Wire.
(EPA-450/2-77-034, 1977/12)....... Control of VOC Emissions from
Existing Stationary Sources--Volume
V: Surface Coating of Large
Appliances.
(EPA-450/2-77-035, 1977/12)....... Control of VOC Emissions from Bulk
Gasoline Plants.
(EPA-450/2-77-036, 1977/12)....... Control of VOC Emissions from
Storage of Petroleum Liquids in
Fixed-Roof Tanks.
(EPA-450/2-77-037, 1977/12)....... Control of VOC Emissions from Use of
Cutback Asphalt.
(EPA-450/2-78-032, 1978/06)....... Control of VOC Emissions from
Existing Stationary Sources--Volume
VII: Factory Surface Coating of
Flat Wood Paneling.
(EPA-450/2-78-036, 1978/06)....... Control of VOC Leaks from Petroleum
Refinery Equipment.
(EPA-450/2-78-029, 1978/12)....... Control of Volatile Organic
Emissions from Manufacture of
Synthesized Pharmaceutical
Products.
(EPA-450/2-78-030, 1978/12)....... Control of Volatile Organic
Emissions from Manufacture of
Pneumatic Rubber Tires.
[[Page 47438]]
(EPA-450/2-78-033, 1978/12)....... Control of VOC Emissions from
Existing Stationary Sources--Volume
VIII: Graphic Arts-Rotogravure and
Flexography.
(EPA-450/2-78-047, 1978/12)....... Control of VOC Emissions from
Petroleum Liquid Storage in
External Floating Roof Tanks.
(EPA-450/3-82-009, 1982/09)....... Control of VOC Emissions from Large
Petroleum Dry Cleaners.
(EPA-450/3-83-008, 1983/11)....... Control of VOC Emissions from
Manufacture of High-Density
Polyethylene, Polypropylene, and
Polystyrene Resins.
(EPA-450/3-83-007, 1983/12)....... Control of VOC Equipment Leaks from
Natural Gas/Gasoline Processing
Plants.
(EPA-450/3-83-006, 1984/03)....... Control of VOC Leaks from Synthetic
Organic Chemical Polymer and Resin
Manufacturing Equipment.
(EPA-450/2-78-029, 1978/12)....... Control of Volatile Organic
Emissions from Manufacture of
Synthesized Pharmaceutical
Products.
(EPA-450/3-84-015, 1984/12)....... Control of VOC Emissions from Air
Oxidation Processes in Synthetic
Organic Chemical Manufacturing
Industry.
(EPA-450/4-91-031, 1993/08)....... Control of VOC Emissions from
Reactor Processes and Distillation
Operations in Synthetic Organic
Chemical Manufacturing Industry.
(61 FR 44050 8/27/1996, 1996/08).. Control Techniques Guidelines for
Shipbuilding and Ship Repair
Operations (Surface Coating).
(EPA-453/R-06-001, 2006/09)....... Control Techniques Guidelines for
Industrial Cleaning Solvents.
(EPA-453/R-06-002, 2006/09)....... Control Techniques Guidelines for
Offset Lithographic Printing and
Letterpress Printing.
(EPA-453/R-06-003, 2006/09)....... Control Techniques Guidelines for
Flexible Package Printing.
(EPA-453/R-06-004, 2006/09)....... Control Techniques Guidelines for
Flat Wood Paneling Coatings.
(EPA-453/R-07-003, 2007/09)....... Control Techniques Guidelines for
Paper, Film, and Foil Coatings.
(EPA-453/R-07-005, 2007/09)....... Control Techniques Guidelines for
Large Appliance Coatings.
(EPA-453/R-07-005, 2007/09)....... Control Techniques Guidelines for
Metal Furniture Coatings.
(EPA-453/R-08-004, 2008/09)....... Control Techniques Guidelines for
Fiberglass Boat Manufacturing
Materials.
(EPA-453/R-08-005, 2008/09)....... Control Techniques Guidelines for
Miscellaneous Industrial Adhesives.
(EPA-453/R-08-006, 2008/09)....... Control Techniques Guidelines for
Automobile and Light-Duty Truck
Assembly Coatings.
------------------------------------------------------------------------
C. The EPA's Recommendations to Further Improve the RACT SIP
The TSD includes recommendations for future rule improvements.
These recommendations address rule stringency and clarity and update
rule language.
D. Public Comment and Proposed Action
As authorized in section 110(k)(3) of the Act, the EPA proposes to
approve CARB's submittal of the EKAPCD 2017 RACT SIP, as reflected in
Tables 3 and 4. As discussed above, the RACT SIP must document current
RACT for sources covered by CTGs and for major non-CTG sources for VOC
and NOX emissions. We have determined that the 2017 RACT SIP
documents RACT for all CTG sources and non-CTG major VOC sources. For
these reasons and the reasons discussed above, we are proposing to
approve the District's certification that it has met RACT requirements
for items reflected in Tables 3 and 4 for the 2008 8-hour ozone NAAQS
as demonstrated in its 2017 RACT SIP.
[[Page 47439]]
Table 3--List of CTG Categories--2008 Ozone NAAQS
----------------------------------------------------------------------------------------------------------------
Negative
EPA document No. CTG source category EKAPCD rule number declaration EPA proposed action
claimed as RACT submitted
----------------------------------------------------------------------------------------------------------------
EPA-450/R-75-102................ Design Criteria for Rule 412........... ............... Approval.
Stage I Vapor
Control Systems--
Gasoline Service
Stations.
EPA-450/2-77-008................ Control of Volatile ................... X Approval.
Organic Emissions
from Existing
Stationary
Sources--Volume
II: Surface
Coating of Cans.
EPA-450/2-77-008................ Control of Volatile ................... X Approval.
Organic Emissions
from Existing
Stationary
Sources--Volume
II: Surface
Coating of Coils.
EPA-450/2-77-008................ Control of Volatile ................... X Approval.
Organic Emissions
from Existing
Stationary
Sources--Volume
II: Surface
Coating of Paper.
EPA-450/2-77-008................ Control of Volatile ................... X Approval.
Organic Emissions
from Existing
Stationary
Sources--Volume
II: Surface
Coating of Fabrics.
EPA-450/2-77-008................ Control of Volatile ................... X Approval.
Organic Emissions
from Existing
Stationary
Sources--Volume
II: Surface
Coating of
Automobiles, and
Light-Duty Trucks.
EPA-450/2-77-022................ Control of Volatile Rule 410.3......... ............... Approval.
Organic Emissions
from Solvent Metal
Cleaning.
EPA-450/2-77-025................ Control of Refinery ................... X Approval.
Vacuum Producing
Systems,
Wastewater
Separators, and
Process Unit
Turnarounds.
EPA-450/2-77-026................ Control of ................... X Approval.\7\
Hydrocarbons from
Tank Truck
Gasoline Loading
Terminals.
EPA-450/2-77-032................ Control of Volatile ................... X Approval.\8\
Organic Emissions
from Existing
Stationary
Sources--Volume
III: Surface
Coating of Metal
Furniture.
EPA-450/2-77-033................ Control of Volatile ................... X Approval.\9\
Organic Emissions
from Existing
Stationary
Sources--Volume
IV: Surface
Coating of
Insulation of
Magnet Wire.
EPA-450/2-77-034................ Control of Volatile ................... X Approval.\10\
Organic Emissions
from Existing
Stationary
Sources--Volume V:
Surface Coating of
Large Appliances.
EPA-450/2-77-035................ Control of Volatile ................... X Approval.\11\
Organic Emissions
from Bulk Gasoline
Plants.
EPA-450/2-77-036................ Control of Volatile ................... X Approval.\12\
Organic Emissions
from Storage of
Petroleum Liquids
in Fixed-Roof
Tanks.
EPA-450/2-77-037................ Control of Volatile ................... X Approval.
Organic Emissions
from Use of
Cutback Asphalt.
EPA-450/2-78-015................ Control of Volatile Rule 410.4......... ............... Approval.
Organic Emissions
from Existing
Stationary
Sources--Volume
VI: Surface
Coating of
Miscellaneous
Metal Parts and
Products.
EPA-450/2-78-029................ Control of Volatile ................... X Approval.
Organic Emissions
from Manufacture
of Synthesized
Pharmaceutical
Products.
EPA-450/2-78-030................ Control of Volatile ................... X Approval.
Organic Emissions
from Manufacture
of Pneumatic
Rubber Tires.
EPA-450/2-78-032................ Control of Volatile ................... X Approval.\13\
Organic Emissions
from Existing
Stationary
Sources--Volume
VII: Factory
Surface Coating of
Flat Wood Paneling.
EPA-450/2-78-033................ Control of Volatile ................... X Approval.\14\
Organic Emissions
from Existing
Stationary
Sources--Volume
VIII: Graphic Arts-
Rotogravure and
Flexography.
EPA-450/2-78-036................ Control of Volatile ................... X Approval.\15\
Organic Compound
Leaks from
Petroleum Refinery
Equipment.
EPA-450/2-78-047................ Control of Volatile ................... X Approval.\16\
Organic Emissions
from Petroleum
Liquid Storage in
External Floating
Roof Tanks.
EPA-450/2-78-051................ Control of Volatile Rule 412........... ............... Approval.
Organic Compound
Leaks from
Gasoline Tank
Trucks and Vapor
Collection Systems.
EPA-450/3-82-009................ Control of Volatile ................... X Approval.\17\
Organic Compound
Emissions from
Large Petroleum
Dry Cleaners.
EPA-450/3-83-006................ Control of Volatile ................... X Approval.\18\
Organic Compound
Leaks from
Synthetic Organic
Chemical Polymer
and Resin
Manufacturing
Equipment.
EPA-450/3-83-007................ Control of Volatile ................... X Approval.\19\
Organic Compound
Equipment Leaks
from Natural Gas/
Gasoline
Processing Plants.
EPA-450/3-83-008................ Control of Volatile ................... X Approval.
Organic Compound
Emissions from
Manufacture of
High-Density
Polyethylene,
Polypropylene, and
Polystyrene Resins.
EPA-450/3-84-015................ Control of Volatile ................... X Approval.
Organic Compound
Emissions from Air
Oxidation
Processes in
Synthetic Organic
Chemical
Manufacturing
Industry.
[[Page 47440]]
EPA-450/4-91-031................ Control of Volatile ................... X Approval.
Organic Compound
Emissions from
Reactor Processes
and Distillation
Operations in
Synthetic Organic
Chemical
Manufacturing
Industry.
EPA-453/R-06-001................ Control Techniques ................... X \20\ Approval.
Guidelines for
Industrial
Cleaning Solvents.
EPA-453/R-06-002................ Control Technology ................... X \21\ Approval.\22\
Guidelines for
Offset
Lithographic
Printing and
Letterpress
Printing.
EPA-453/R-06-003................ Control Techniques ................... X Approval.\23\
Guidelines for
Flexible Package
Printing.
EPA-453/R-06-004................ Control Technique ................... X Approval.\24\
Guidelines for
Flat Wood Paneling
Coatings.
EPA-453/R-07-003................ Control Techniques ................... X Approval.
Guidelines for
Paper Coatings.
EPA-453/R-07-003................ Control Techniques ................... X Approval.
Guidelines for
Film Coatings.
EPA-453/R-07-003................ Control Techniques ................... X Approval.
Guidelines for
Foil Coatings.
EPA-453/R-07-004................ Control Techniques ................... X Approval.\25\
Guidelines for
Large Appliance
Coatings.
EPA-453/R-07-005................ Control Techniques ................... X Approval.\26\
Guidelines for
Metal Furniture
Coatings.
EPA-453/R-08-003................ Control Technique Rule 410.4......... ............... Approval.
Guidelines for
Miscellaneous
Metal and Plastic
Parts Coatings.
EPA-453/R-08-004................ Control Techniques ................... X Approval.
Guidelines for
Fiberglass Boat
Manufacturing
Materials.
EPA-453/R-08-005................ Control Techniques ................... X Approval.
Guidelines for
Miscellaneous
Industrial
Adhesives.
EPA-453/R-08-006................ Control Techniques ................... X Approval.\27\
Guidelines for
Automobile and
Light-duty Truck
Assembly Coatings.
EPA-453/R-96-007................ Control of Volatile Rule 410.9......... ............... Approval.
Organic Compound
Emissions from
Wood Furniture
Manufacturing
Operations.
EPA-453/R-94-032................ Alternative Control ................... X Approval.
Technology
Document--Surface
Coating Operations
at Shipbuilding
and Ship Repair
Facilities CTG,
see 61 FR-44050, 8/
27/96.
61 FR-44050-8/27/96............. Control Techniques ................... X Approval.\28\
Guidelines for
Shipbuilding and
Ship Repair
Operations
(Surface Coating).
EPA-453/R-97-004................ Control of VOC Rule 410.8......... ............... Approval.
Emissions from
Coating Operations
at Aerospace
Manufacturing and
Rework Operations.
EPA-453/B-16-001................ Control Techniques ................... X EPA approved this
Guidelines for the negative
Oil and Natural declaration on
Gas Industry. January 14, 2021
(86 FR 3816).
----------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------
\7\ The District identified Rule 412 for this CTG category and
submitted a negative declaration. In this action, we are proposing
to approve the negative declaration.
\8\ The District identified Rule 410.4 for this CTG category and
submitted a negative declaration. In this action, we are proposing
to approve the negative declaration.
\9\ The District identified Rule 410.4 for this CTG category and
submitted a negative declaration. In this action, we are proposing
to approve the negative declaration.
\10\ The District identified Rule 410.4 for this CTG category
and submitted a negative declaration. In this action, we are
proposing to approve the negative declaration.
\11\ The District identified Rule 412 for this CTG category and
submitted a negative declaration. In this action, we are proposing
to approve the negative declaration.
\12\ The District identified Rule 411 for this CTG category and
submitted a negative declaration. In this action, we are proposing
to approve the negative declaration.
\13\ The District identified Rule 410.9 for this CTG category
and submitted a negative declaration. In this action, we are
proposing to approve the negative declaration.
\14\ The District identified Rule 410.7 for this CTG category
and submitted a negative declaration. In this action, we are
proposing to approve the negative declaration.
\15\ The District identified Rules 414.1 and 414.5 for this CTG
category and submitted a negative declaration. In this action, we
are proposing to approve the negative declaration.
\16\ The District identified Rule 411 for this CTG category and
submitted a negative declaration. In this action, we are proposing
to approve the negative declaration.
\17\ The District identified Rule 410.6A for this CTG category
and submitted a negative declaration. In this action, we are
proposing to approve the negative declaration.
\18\ The District identified Rule 414.1 for this CTG category
and submitted a negative declaration. In this action, we are
proposing to approve the negative declaration.
\19\ The District identified Rules 414.1 and 414.5 for this CTG
category and submitted a negative declaration. In this action, we
are proposing to approve the negative declaration.
\20\ For this CTG category, the district found there to be no
sources greater than the CTG applicability.
\21\ For this CTG category, the district found there to be no
sources greater than the CTG applicability.
\22\ The District identified Rule 410.7 for this CTG category
and submitted a negative declaration. In this action, we are
proposing to approve the negative declaration.
\23\ The District identified Rule 410.7 for this CTG category
and submitted a negative declaration. In this action, we are
proposing to approve the negative declaration.
\24\ The District identified Rule 410.9 for this CTG category
and submitted a negative declaration. In this action, we are
proposing to approve the negative declaration.
\25\ The District identified Rule 410.4 for this CTG category
and submitted a negative declaration. In this action, we are
proposing to approve the negative declaration.
\26\ The District identified Rule 410.4 for this CTG category
and submitted a negative declaration. In this action, we are
proposing to approve the negative declaration.
\27\ The District identified Rule 410.4A for this CTG category
and submitted a negative declaration. In this action, we are
proposing to approve the negative declaration.
\28\ The District identified Rule 410.4 for this CTG category
and submitted a negative declaration. In this action, we are
proposing to approve the negative declaration.
[[Page 47441]]
Table 4--RACT for Major Non-CTG VOC/NOX Sources in EKAPCD--2008 Ozone NAAQS
----------------------------------------------------------------------------------------------------------------
Major non-CTG sources Covered by SIP-Approved
Category in District? RACT-Level EKAPCD Rules EPA proposed action
----------------------------------------------------------------------------------------------------------------
Major (100+ tpy) non-CTG VOC sources. None listed............ N/A.................... Approval.
Major (100+ tpy) non-CTG NOX sources. Yes.................... No..................... EPA is not acting on
this element in this
action
----------------------------------------------------------------------------------------------------------------
We will accept comments from the public on this proposal until
September 24, 2021. If finalized, this action would incorporate the
approved portions of the 2017 RACT SIP and negative declarations into
the SIP.
III. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely proposes to approve state law
as meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 6, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-17239 Filed 8-24-21; 8:45 am]
BILLING CODE 6560-50-P
