Air Plan Approval; California; Northern Sierra Air Quality Management District; Reasonably Available Control Technology, 7779-7784 [2022-02772]
Download as PDF
<![CDATA[
Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules
jspears on DSK121TN23PROD with PROPOSALS1
appear in a cover letter within the
comments. Similarly, to the extent
possible please include any exhibits,
annexes, or other attachments in the
same file, so that the submission
consists of one instead of multiple files.
Comments will be placed in the docket
and open to public inspection, except
information determined to be
confidential. Comments may be viewed
on https://www.regulations.gov by
entering docket number BIS–2021–0042
in the search field on the home page.
All filers should name their files
using the name of the person or entity
submitting the comments.
Communications from agencies of the
United States Government will not be
made available for public inspection.
Material submitted by members of the
public that is properly marked as
business confidential information with a
valid statutory basis for confidentiality
and which is accepted as such by BIS
will not be disclosed publicly. Guidance
on submitting business confidential
information is as follows: Anyone
submitting business confidential
information should clearly identify the
business confidential portion at the time
of submission, include a statement
justifying nondisclosure and referring to
the specific legal authority claimed with
the submission, and provide a nonconfidential version of the submission
which will be placed in the public file
on https://www.regulations.gov. For
comments submitted electronically
containing business confidential
information, the file name of the
business confidential version should
begin with the characters ‘‘BC’’. Any
page containing business confidential
information must be clearly marked
‘‘BUSINESS CONFIDENTIAL’’ on the
top of that page. The file name of the
non-confidential version should begin
with the character ‘‘P’’. The nonconfidential version must be clearly
marked ‘‘PUBLIC’’ on the top of the first
page. The ‘‘BC’’ and ‘‘P’’ should be
followed by the name of the person or
entity submitting the comments or
rebuttal comments.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2022–02870 Filed 2–9–22; 8:45 am]
BILLING CODE 3510–33–P
VerDate Sep<11>2014
16:44 Feb 09, 2022
Jkt 256001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2021–0818; FRL–9264–01–
R9]
Air Plan Approval; California; Northern
Sierra Air Quality Management District;
Reasonably Available Control
Technology
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the Northern Sierra Air
Quality Management District (NSAQMD
or ‘‘District’’) portion of the California
State Implementation Plan (SIP). This
revision concerns the District’s
demonstration regarding reasonably
available control technology (RACT)
requirements for the 2015 8-hour ozone
national ambient air quality standard
(NAAQS or ‘‘standards’’) in the Western
Nevada County (‘‘Western Nevada’’)
ozone nonattainment area (NAA), which
is under the jurisdiction of the
NSAQMD. We are taking comments on
this proposal and plan to follow with a
final action.
DATES: Comments must be received on
or before March 14, 2022.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2021–0818 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/
SUMMARY:
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
7779
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:
Nancy Levin, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3848 or by
email at levin.nancy@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. The State’s Submittal
A. What document did the State submit?
B. Are there other versions of this
document?
C. What is the purpose of the submitted
document?
II. The EPA’s Evaluation and Proposed
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?
On January 25, 2021, the NSAQMD
adopted the ‘‘Reasonably Available
Control Technology (RACT) State
Implementation Plan (SIP) Revision for
Western Nevada County 8-Hour Ozone
Nonattainment Area’’ (‘‘2015 ozone
RACT SIP’’), and on March 23, 2021, the
California Air Resources Board (CARB)
submitted it to the EPA for approval as
a revision to the California SIP.
On September 23, 2021, the submittal
for the NSAQMD 2015 ozone 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 this
document in the NSAQMD portion of
the California SIP for the 2015 8-hour
ozone NAAQS.
C. What is the purpose of the submitted
document?
Volatile organic compounds (VOCs)
and oxides of nitrogen (NOX) contribute
to the production of ground-level ozone,
smog, and particulate matter, which
harm human health and the
environment. Section 110(a) of the CAA
requires states to submit regulations that
control VOCs and NOX emissions. CAA
E:\FR\FM\10FEP1.SGM
10FEP1
7780
Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules
jspears on DSK121TN23PROD with PROPOSALS1
sections 182(b)(2) and (f) require that
SIPs for areas designated nonattainment
for the ozone NAAQS and 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.1
The NSAQMD is subject to this RACT
SIP requirement, as the District
regulates the Western Nevada NAA,
which was classified as Moderate for the
2015 8-hour ozone NAAQS on June 4,
2018.2 Therefore, to satisfy sections
182(b)(2) and (f) of the Act, the
NSAQMD 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.
We note that the EPA issued a final
rule on October 28, 2021, in which it
reclassified Western Nevada County as
‘‘Serious’’ nonattainment for the 2015 8hour ozone NAAQS (‘‘2015 ozone
NAAQS’’).3 This final rule established a
Serious area RACT SIP deadline and
implementation schedule. NSAQMD
adopted its Moderate area 2015 ozone
RACT SIP in January 2021, when it was
classified as a Moderate ozone NAA. We
are addressing the Moderate area
requirements in this notice.
Section III.F of the preamble to the
EPA’s final rule to implement the 2015
ozone NAAQS (‘‘2015 State
Requirements Rule’’) finalized the
proposal ‘‘to retain our existing RACT
requirements codified in 40 CFR
51.1112 and to add new deadline
requirements for certain RACT SIP
submissions . . .’’.4 It states ‘‘[F]or
reference, the final 2008 Ozone NAAQS
SIP Requirements Rule provides an
extensive discussion of the EPA’s
rationale and approach for how air
agencies can provide for RACT in their
nonattainment SIPs (80 FR 12278;
March 6, 2015).’’ The 2008 ozone SIP
Requirements Rule 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.5 It also
provides that states must submit
appropriate supporting information for
their RACT submissions as described in
1 Any stationary source that emits or has the
potential to emit at least 100 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)).
2 83 FR 25776.
3 86 FR 59648.
4 83 FR 62998, 63007.
5 80 FR 12264, 12278.
VerDate Sep<11>2014
16:44 Feb 09, 2022
Jkt 256001
the EPA’s implementation rule for the
1997 ozone NAAQS.6
The 2015 ozone RACT SIP, including
its negative declarations, provide the
NSAQMD’s analysis of its compliance
with CAA section 182 RACT
requirements for the 2015 8-hour ozone
NAAQS. The EPA’s technical support
document (TSD) for this action has more
information about the District’s
submittal and the EPA’s evaluation
thereof.
II. The EPA’s Evaluation and Proposed
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 and for
each major source of VOCs or NOX in
ozone nonattainment areas classified as
Moderate or above (see CAA sections
182(b)(2) and (f), and 40 CFR 51.1312(a)
and (b)). At the time of submittal,
NSAQMD regulated an ozone
nonattainment area classified as
Moderate for the 2015 ozone standard
(40 CFR 81.305). Therefore, NSAQMD
rules must implement RACT.7
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.8 To do so, the submittal
should provide reasonable assurance
that no sources subject to the CTG
requirements currently exist in the
portion of the ozone nonattainment area
that is regulated by the District.
With respect to NSAQMD, the
District’s analysis must demonstrate that
each major source of VOCs or NOX in
the Western Nevada NAA is covered by
a RACT-level rule. In addition, for each
CTG source category, the District must
either demonstrate that a RACT-level
rule is in place, or submit a negative
declaration. Guidance and policy
documents that we use to evaluate CAA
section 182 RACT requirements include
the following:
1. ‘‘State Implementation Plans; General
Preamble for the Implementation of Title I of
the Clean Air Act Amendments of 1990,’’ 57
FR 13498 (April 16, 1992); 57 FR 18070
(April 28, 1992).
6 Id.;
70 FR 71612, 71652 (November 29, 2005).
October 28, 2021, the EPA reclassified the
Western Nevada 2015 ozone nonattainment area
from ‘‘Moderate’’ to ‘‘Serious,’’ and established a
Serious area RACT SIP deadline of November 29,
2023 (86 FR 59648).
8 57 FR 13498, 13512 (April 16, 1992).
7 On
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
2. EPA Office of Air Quality Planning and
Standards, ‘‘Issues Relating to VOC
Regulation Cutpoints, Deficiencies, and
Deviations,’’ May 25, 1988 (‘‘the Bluebook,’’
revised January 11, 1990).
3. ‘‘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).
8. ‘‘Implementation of the 2015 National
Ambient Air Quality Standards for Ozone:
Nonattainment Area State Implementation
Plan Requirements,’’ 83 FR 62998 (December
6, 2018).
B. Does the document meet the
evaluation criteria?
NSAQMD’s 2015 ozone RACT SIP
provides the District’s demonstration
that the applicable SIP for the Western
Nevada NAA, which is under the
jurisdiction of the NSAQMD, satisfies
CAA section 182 RACT requirements for
the 2015 ozone NAAQS. The District’s
conclusion is based on its 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, the NSAQMD determined
that it only had sources subject to the
CTGs covering gasoline service stations
and vapor recovery operations, gasoline
tank truck vapor tightness, and cutback
asphalt. For each of these CTG source
categories, the District’s submittal
provided an analysis to support the
District’s finding that a District rule
previously approved by the EPA into
the SIP as RACT for Western Nevada
remains RACT for the 2015 ozone
NAAQS. Specifically, the ‘‘Staff Report
analyzing RACT for the 2015 Ozone
NAAQS SIP’’ provides a discussion of
the following District rules and why
they continue to implement RACT: Rule
214, ‘‘Phase I Vapor Recovery
Requirements;’’ and Rule 227, ‘‘Cutback
and Emulsified Asphalt Paving
E:\FR\FM\10FEP1.SGM
10FEP1
Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules
Materials.’’ 9 We reviewed the
NSAQMD’s evaluation of its rules
addressing the CTG source categories
that are subject to RACT in Western
Nevada, which are as follows: ‘‘Design
Criteria for Stage I Vapor Control
Systems—Gasoline Service Stations’’
(EPA–450/R–75–102),’’Control of
Volatile Organic Compound Leaks from
Gasoline Tank Trucks and Vapor
Collection Systems’’ (EPA–450/2–78–
051), and ‘‘Control of Volatile Organic
Compounds from Use of Cutback
Asphalt’’ (EPA–450/2–77–37).10 We
agree that the District’s rules are
generally consistent with the CTGs and
with recently adopted rules in other air
districts, and therefore satisfy CAA
RACT requirements for the 2015 ozone
NAAQS. In this rulemaking, we propose
to find that NSAQMD Rules 214 and
227 establish RACT-level controls for
the sources within the applicable CTG
categories. 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.
The submittal contains a table listing
the EPA’s CTGs and annotates those
CTGs for which the District is adopting
a negative declaration, indicating that
the District has no sources subject to the
applicable CTG for the 2015 ozone
NAAQS. These negative declarations are
listed in Table 1 below. The District
concludes that it has no sources subject
to the relevant CTGs, based on a review
of its permit files, planning documents,
and the emissions inventory.
In addition, the NSAQMD determined
‘‘there are no existing or anticipated
7781
major sources’’ of VOC or NOX located
in the Western Nevada NAA. The
NSAQMD states ‘‘the largest-emitting
stationary source of ozone precursors in
the nonattainment area (an asphalt
batch plant) emitted 0.79 tons of NOX
(4.3 pounds/day) and 0.02 tons of TOG
[VOC] (0.1 pounds/day) in 2019.’’
We reviewed the District’s list of
negative declarations in the submittal
and CARB Emissions Inventory data and
performed a general internet search to
verify the District’s conclusion that it
has no sources subject to the CTGs for
which it has adopted negative
declarations, and has no non-CTG major
sources of VOC or NOX. Based on our
review, we agree with the District’s
negative declarations in the 2015 ozone
RACT SIP, including negative
declarations for non-CTG major sources
of VOC and NOX, and propose to
approve them into the SIP.
TABLE 1—CTG NEGATIVE DECLARATIONS FOR 2015 OZONE NAAQS—WESTERN NEVADA NAA
CTG No.
jspears on DSK121TN23PROD with PROPOSALS1
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–450/2–78–015 .......
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–450/3–82–009 .......
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–96–007 ......
EPA–453/R–94–032 ......
61 FR 44050; 8/27/96 ....
59 FR 29216; 6/06/94 ....
EPA–453/R–97–004 ......
EPA–453/R–06–001 ......
EPA–453/R–06–002 ......
EPA–453/R–06–003 ......
EPA–453/R–06–004 ......
CTG title
Surface Coating of Cans.
Surface Coating of Coils.
Surface Coating of Paper.
Surface Coating of Fabric.
Surface Coating of Automobiles and Light-Duty Trucks.
Solvent Metal Cleaning.
Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds.
Tank Truck Gasoline Loading Terminals.
Surface Coating of Metal Furniture.
Surface Coating for Insulation of Magnet Wire.
Surface Coating of Large Appliances.
Bulk Gasoline Plants.
Storage of Petroleum Liquids in Fixed-Roof Tanks.
Surface Coating of Miscellaneous Metal Parts and Products.
Manufacture of Synthesized Pharmaceutical Products.
Manufacture of Pneumatic Rubber Tires.
Factory Surface Coating of Flat Wood Paneling.
Graphic Arts-Rotogravure and Flexography.
Leaks from Petroleum Refinery Equipment.
Petroleum Liquid Storage in External Floating Roof Tanks.
Large Petroleum Dry Cleaners.
Leaks from Synthetic Organic Chemical and Polymer Manufacturing Equipment.
Equipment Leaks from Natural Gas/Gasoline Processing Plants.
Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins.
Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry.
Reactor Processes and Distillation Operations Processes in the Synthetic Organic Chemical Manufacturing Industry.
Wood Furniture Manufacturing Operations.
ACT Surface Coating Operations at Shipbuilding and Ship Repair Facilities.
Shipbuilding and Ship Repair Operations (Surface Coating).
NESHAPS Aerospace Manufacturing and Rework.
Coating Operations at Aerospace Manufacturing and Rework Operations.
Industrial Cleaning Solvents.
Offset Lithographic Printing and Letterpress Printing.
Flexible Package Printing.
Flat Wood Paneling Coatings.
9 The Staff Report also includes a discussion of
two rules that the NSAQMD states are not needed
for the 2015 ozone RACT SIP: Rule 215, ‘‘Phase II
Vapor Recovery System Requirements;’’ and Rule
228, ‘‘Surface Coating of Metal Parts and Products.’’
While NSAQMD reviewed Rule 215, ‘‘Phase II
Vapor Recovery System Requirements,’’ as meeting
RACT, and the EPA has approved the rule as
meeting RACT for the 2008 ozone NAAQS, the EPA
has not published a CTG for vehicle refueling
VerDate Sep<11>2014
16:44 Feb 09, 2022
Jkt 256001
operations. District Rule 228, corresponds to the
CTG entitled ‘‘Control of Volatile Organic
Emissions from Existing Stationary Sources,
Volume VI: Surface Coating of Miscellaneous Metal
Parts and Products, and Control Techniques
Guidelines for Miscellaneous Metal and Plastic
Parts Coatings’’ (EPA–453/R–08–003).
10 District Rule 214 corresponds to the CTGs
entitled ‘‘Design Criteria for Stage I Vapor Control
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
Systems—Gasoline Service Stations’’ (EPA–450/R–
75–102) and ‘‘Control of Volatile Organic
Compound Leaks from Gasoline Tank Trucks and
Vapor Collection Systems’’ (EPA–450/2–78–051).
District Rule 227 corresponds to the CTG entitled,
‘‘Cutback and Emulsified Asphalt Paving
Materials,’’ corresponds to the CTG entitled
‘‘Control of Volatile Organic Compounds from Use
of Cutback Asphalt’’ (EPA–450/2–77–37).
E:\FR\FM\10FEP1.SGM
10FEP1
7782
Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules
TABLE 1—CTG NEGATIVE DECLARATIONS FOR 2015 OZONE NAAQS—WESTERN NEVADA NAA—Continued
CTG No.
CTG title
EPA
EPA
EPA
EPA
EPA
EPA
453/R–07–003
453/R–07–004
453/R–07–005
453/R–08–003
453/R–08–003
453/R–08–003
.......
.......
.......
.......
.......
.......
EPA
EPA
EPA
EPA
EPA
EPA
453/R–08–003
453/R–08–003
453/R–08–004
453/R–08–005
453/R–08–006
453/B–16–001
.......
.......
.......
.......
.......
.......
Paper, Film, and Foil Coatings.
Large Appliance Coatings.
Metal Furniture Coatings.
Miscellaneous Metal and Plastic Parts Coatings; Table 2—Metal Parts and Products.
Miscellaneous Metal and Plastic Parts Coatings; Table 3—Plastic Parts and Products.
Miscellaneous Metal and Plastic Parts Coatings; Table 4—Automotive/Transportation and Business Machine Plastic
Parts.
Miscellaneous Metal and Plastic Parts Coatings; Table 5—Pleasure Craft Surface Coating.
Miscellaneous Metal and Plastic Parts Coatings; Table 6—Motor Vehicle Materials.
Fiberglass Boat Manufacturing Materials.
Miscellaneous Industrial Adhesives.
Automobile and Light-Duty Truck Assembly Coatings.
Oil and Natural Gas Industry.
C. The EPA’s Recommendations To
Further Improve the RACT SIP
Our TSD includes recommendations
for future rule improvements.
D. Public Comment and Proposed
Action
As authorized in section 110(k)(3) of
the Act, the EPA proposes to fully
approve CARBs submittal of the
NSAQMD RACT SIP for the 2015 ozone
NAAQS, as reflected in Tables 2 and 3,
because the submittal fulfills the RACT
SIP requirements under CAA sections
182(b) and (f) and 40 CFR 51.1312(a)
and (b) for the 2015 ozone NAAQS. We
will accept comments from the public
on this proposal until March 14, 2022.
If we take final action to approve the
submitted document, our final action
will incorporate this document into the
federally enforceable SIP.
jspears on DSK121TN23PROD with PROPOSALS1
TABLE 2—CTGS FOR 2015 OZONE NAAQS—WESTERN NEVADA NAA
Rule claimed
as current
RACT
CTG No.
CTG title
EPA–450/R–75–102 ......
Design Criteria for Stage I Vapor Control—Gasoline Service Stations ....
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
.......
.......
.......
.......
.......
.......
.......
Surface Coating of Cans ............................................................................
Surface Coating of Coils ............................................................................
Surface Coating of Paper ..........................................................................
Surface Coating of Fabric ..........................................................................
Surface Coating of Automobiles and Light-Duty Trucks ...........................
Solvent Metal Cleaning ..............................................................................
Refinery Vacuum Producing Systems, Wastewater Separators, and
Process Unit Turnarounds.
Tank Truck Gasoline Loading Terminals ...................................................
Surface Coating of Metal Furniture ............................................................
Surface Coating for Insulation of Magnet Wire .........................................
Surface Coating of Large Appliances ........................................................
Bulk Gasoline Plants ..................................................................................
Storage of Petroleum Liquids in Fixed-Roof Tanks ...................................
Cutback Asphalt .........................................................................................
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
.......
.......
.......
.......
.......
.......
.......
.......
Surface Coating of Miscellaneous Metal Parts and Products ...................
Manufacture of Synthesized Pharmaceutical Products .............................
Manufacture of Pneumatic Rubber Tires ...................................................
Factory Surface Coating of Flat Wood Paneling .......................................
Graphic Arts-Rotogravure and Flexography ..............................................
Leaks from Petroleum Refinery Equipment ...............................................
Petroleum Liquid Storage in External Floating Roof Tanks ......................
Leaks from Gasoline Tank Trucks and Vapor Collection Systems ...........
EPA–450/3–82–009 .......
EPA–450/3–83–006 .......
Large Petroleum Dry Cleaners ..................................................................
Leaks from Synthetic Organic Chemical and Polymer Manufacturing
Equipment.
Equipment Leaks from Natural Gas/Gasoline Processing Plants .............
Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins.
Air Oxidation Processes in Synthetic Organic Chemical Manufacturing
Industry.
Reactor Processes and Distillation Operations Processes in the Synthetic Organic Chemical Manufacturing Industry.
Wood Furniture Manufacturing Operations ................................................
EPA–450/3–83–007 .......
EPA–450/3–83–008 .......
EPA–450/3–84–015 .......
EPA–450/4–91–031 .......
EPA–453/R–96–007 ......
VerDate Sep<11>2014
16:44 Feb 09, 2022
Jkt 256001
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
Rule 214 (78 FR 897, 1/
7/13).
.........................................
.........................................
.........................................
.........................................
.........................................
.........................................
.........................................
.........................................
.........................................
.........................................
.........................................
.........................................
.........................................
Rule 227, 74 FR 56120
(10/30/09).
.........................................
.........................................
.........................................
.........................................
.........................................
.........................................
.........................................
Rule 214 (78 FR 897, 1/
7/13).
.........................................
.........................................
Negative
declaration
adopted
a 1/25/2021
a 1/25/2021
a 1/25/2021
a 1/25/2021
a 1/25/2021
b 1/25/2021
a 1/25/2021
a 1/25/2021
c 1/25/2021
a 1/25/2021
a 1/25/2021
d 1/25/2021
a 1/25/2021
a j 1/25/2021
a 1/25/2021
a 1/25/2021
a 1/25/2021
e 1/25/2021
a 1/25/2021
a 1/25/2021
f 1/25/2021
a 1/25/2021
.........................................
.........................................
a 1/25/2021
.........................................
f 1/25/2021
.........................................
a 1/25/2021
.........................................
i 1/25/2021
E:\FR\FM\10FEP1.SGM
10FEP1
a 1/25/2021
Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules
7783
TABLE 2—CTGS FOR 2015 OZONE NAAQS—WESTERN NEVADA NAA—Continued
Rule claimed
as current
RACT
CTG No.
CTG title
EPA–453/R–94–032 ......
ACT Surface Coating Operations at Shipbuilding and Ship Repair Facilities.
Shipbuilding and Ship Repair Operations (Surface Coating).
NESHAPS Aerospace Manufacturing and Rework ...................................
Coating Operations at Aerospace Manufacturing and Rework Operations.
Industrial Cleaning Solvents ......................................................................
Offset Lithographic Printing and Letterpress Printing ................................
Flexible Package Printing ..........................................................................
Flat Wood Paneling Coatings ....................................................................
Paper, Film, and Foil Coatings ..................................................................
Large Appliance Coatings ..........................................................................
Metal Furniture Coatings ............................................................................
Miscellaneous Metal and Plastic Parts Coatings; Table 2—Metal Parts
and Products.
Miscellaneous Metal and Plastic Parts Coatings; Table 3—Plastic Parts
and Products.
Miscellaneous Metal and Plastic Parts Coatings; Table 4—Automotive/
Transportation and Business Machine Plastic Parts.
Miscellaneous Metal and Plastic Parts Coatings; Table 5—Pleasure
Craft Surface Coating.
Miscellaneous Metal and Plastic Parts Coatings; Table 6—Motor Vehicle
Materials.
Fiberglass Boat Manufacturing Materials ..................................................
Miscellaneous Industrial Adhesives ...........................................................
Automobile and Light-Duty Truck Assembly Coatings ..............................
Oil and Natural Gas Industry .....................................................................
61 FR 44050; 8/27/96 ....
59 FR 29216; 6/06/94 ....
EPA–453/R–97–004 ......
EPA–453/R–06–001 ......
EPA–453/R–06–002 ......
EPA–453/R–06–003 ......
EPA–453/R–06–004 ......
EPA 453/R–07–003 .......
EPA 453/R–07–004 .......
EPA 453/R–07–005 .......
EPA 453/R–08–003 .......
EPA 453/R–08–003 .......
EPA 453/R–08–003 .......
EPA 453/R–08–003 .......
EPA 453/R–08–003 .......
EPA
EPA
EPA
EPA
453/R–08–004
453/R–08–005
453/R–08–006
453/B–16–001
.......
.......
.......
.......
Negative
declaration
adopted
.........................................
a 1/25/2021
.........................................
a 1/25/2021
c 1/25/2021
.........................................
.........................................
.........................................
.........................................
.........................................
.........................................
.........................................
.........................................
h j 1/25/2021
.........................................
h 1/25/2021
.........................................
h 1/25/2021
.........................................
h 1/25/2021
.........................................
h 1/25/2021
.........................................
.........................................
.........................................
.........................................
h 1/25/2021
g 1/25/2021
g 1/25/2021
a 1/25/2021
a 1/25/2021
a 1/25/2021
a 1/25/2021
g 1/25/2021
c 1/25/2021
a 1/25/2021
a No
existing or anticipated sources.
(pop. <200,000).
c No sources exceed actual emissions of 15 lbs/day.
d No sources exceed 4,000 gallons per day throughput on a 30-day rolling average.
e No sources that exceed 100 tpy.
f No sources exceed 32,500 gallons/year.
g No sources exceed actual emissions of 15 lbs./day or 3 tons per 12-month period.
h No sources that exceed actual emissions of 15 lbs./day or 2.7 tons per 12-month period.
i No sources exceed 25 tons per year of VOCs PTE.
j 2021–11–23 email from S. Longmire, NSAQMD to N. Levin, EPA Re_RACT Submittal for 2015 Ozone NAAQS.
b Exempt—rural
TABLE 3—MAJOR SOURCES OF NOX AND NON-CTG VOC FOR 2015 OZONE NAAQS—WESTERN NEVADA NAA
Category
Major sources
in NAA?
Rule(s) claimed
as current RACT
Major non-CTG sources of VOC ..............................................................................................
Major sources of NOX ..............................................................................................................
No ..................
No ..................
N/A ...................
N/A ...................
a No
a 1/25/2021
a 1/25/2021
existing or anticipated sources.
III. Statutory and Executive Order
Reviews
jspears on DSK121TN23PROD with PROPOSALS1
Negative
declaration
adopted
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
VerDate Sep<11>2014
16:44 Feb 09, 2022
Jkt 256001
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);
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
• 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
E:\FR\FM\10FEP1.SGM
10FEP1
7784
Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules
• 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,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 3, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022–02772 Filed 2–9–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2021–0748; FRL–9217–01–
R9]
Air Plan Approval; Arizona; Maricopa
County Air Quality Department
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the Maricopa County Air
Quality Department (MCAQD or
County) portion of the Arizona State
Implementation Plan (SIP). This
revision concerns emissions of volatile
organic compounds (VOCs). We are
proposing action on rescissions of local
rules that regulate these pollutants
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 March 14, 2022.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2021–0748 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
SUMMARY:
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.
La
Kenya Evans, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3245 or by
email at evans.lakenya@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. The State’s Submittal
A. What is the County rescinding?
B. What is the purpose of the rules and
what is the impact of the EPA’s
rescission?
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the request
for rescission?
B. Do the rule rescissions meet the
evaluation criteria?
C. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What is the County rescinding?
On September 13, 2017, the Arizona
Department of Environmental Quality
(ADEQ) submitted to the EPA a request
from MCAQD to act on a series of rules
from the SIP, including the rescission of
various local rules. Table 1 lists the
portion of the SIP approved rules from
MCAQD’s 2017 rescission request that
the EPA is proposing to act on in this
notice. The table includes the dates that
the rules were adopted by the MCAQD
and the dates they were approved into
the SIP by the EPA.
TABLE 1—SIP APPROVED RULES
Rule No.
Title
Local adopted date
SIP approved date
27 .......................................
32 A ....................................
Performance Tests ...........................................
Odors and Gaseous Emissions (General prohibitions).
Odors and Gaseous Emissions (Treatment or
processing of animal or vegetable matter).
Odors and Gaseous Emissions (Storage requirements).
Odors and Gaseous Emissions (Stack, vent,
or other outlet).
Odors and Gaseous Emissions (Hydrogen
sulfide).
Odors and Gaseous Emissions (Relating to
sulfur oxide and sulfuric acid).
Organic Solvents-Volatile Organic Compounds (VOC).
Dry Cleaning ....................................................
June 23, 1980 ...........
August 12, 1971 ........
April 12, 1982 ............
July 27, 1972 .............
47 FR 15579.
37 FR 15080.
August 12, 1971 ........
July 27, 1972 .............
37 FR 15080.
August 12, 1971 ........
July 27, 1972 .............
37 FR 15080.
August 12, 1971 ........
July 27, 1972 .............
37 FR 15080.
August 12, 1971 ........
July 27, 1972 .............
37 FR 15080.
August 12, 1971 ........
July 27, 1972 .............
37 FR 15080.
June 23, 1980 ...........
May 5, 1982 ..............
47 FR 19326.
June 23, 1980 ...........
May 5, 1982 ..............
47 FR 19326.
32 B ....................................
jspears on DSK121TN23PROD with PROPOSALS1
32 C ....................................
32 D ....................................
32 E ....................................
32 F ....................................
34 A ....................................
34 D.1 .................................
VerDate Sep<11>2014
16:44 Feb 09, 2022
Jkt 256001
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
E:\FR\FM\10FEP1.SGM
10FEP1
FR citation
]]>Agencies
[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Proposed Rules]
[Pages 7779-7784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02772]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0818; FRL-9264-01-R9]
Air Plan Approval; California; Northern Sierra Air Quality
Management District; Reasonably Available Control Technology
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Northern Sierra Air Quality Management
District (NSAQMD or ``District'') portion of the California State
Implementation Plan (SIP). This revision concerns the District's
demonstration regarding reasonably available control technology (RACT)
requirements for the 2015 8-hour ozone national ambient air quality
standard (NAAQS or ``standards'') in the Western Nevada County
(``Western Nevada'') ozone nonattainment area (NAA), which is under the
jurisdiction of the NSAQMD. We are taking comments on this proposal and
plan to follow with a final action.
DATES: Comments must be received on or before March 14, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2021-0818 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: Nancy Levin, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3848 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. The State's Submittal
A. What document did the State submit?
B. Are there other versions of this document?
C. What is the purpose of the submitted document?
II. The EPA's Evaluation and Proposed 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?
On January 25, 2021, the NSAQMD adopted the ``Reasonably Available
Control Technology (RACT) State Implementation Plan (SIP) Revision for
Western Nevada County 8-Hour Ozone Nonattainment Area'' (``2015 ozone
RACT SIP''), and on March 23, 2021, the California Air Resources Board
(CARB) submitted it to the EPA for approval as a revision to the
California SIP.
On September 23, 2021, the submittal for the NSAQMD 2015 ozone 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 this document in the NSAQMD
portion of the California SIP for the 2015 8-hour ozone NAAQS.
C. What is the purpose of the submitted document?
Volatile organic compounds (VOCs) and oxides of nitrogen
(NOX) contribute to the production of ground-level ozone,
smog, and particulate matter, which harm human health and the
environment. Section 110(a) of the CAA requires states to submit
regulations that control VOCs and NOX emissions. CAA
[[Page 7780]]
sections 182(b)(2) and (f) require that SIPs for areas designated
nonattainment for the ozone NAAQS and 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.\1\
---------------------------------------------------------------------------
\1\ Any stationary source that emits or has the potential to
emit at least 100 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)).
---------------------------------------------------------------------------
The NSAQMD is subject to this RACT SIP requirement, as the District
regulates the Western Nevada NAA, which was classified as Moderate for
the 2015 8-hour ozone NAAQS on June 4, 2018.\2\ Therefore, to satisfy
sections 182(b)(2) and (f) of the Act, the NSAQMD 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.
---------------------------------------------------------------------------
\2\ 83 FR 25776.
---------------------------------------------------------------------------
We note that the EPA issued a final rule on October 28, 2021, in
which it reclassified Western Nevada County as ``Serious''
nonattainment for the 2015 8-hour ozone NAAQS (``2015 ozone
NAAQS'').\3\ This final rule established a Serious area RACT SIP
deadline and implementation schedule. NSAQMD adopted its Moderate area
2015 ozone RACT SIP in January 2021, when it was classified as a
Moderate ozone NAA. We are addressing the Moderate area requirements in
this notice.
---------------------------------------------------------------------------
\3\ 86 FR 59648.
---------------------------------------------------------------------------
Section III.F of the preamble to the EPA's final rule to implement
the 2015 ozone NAAQS (``2015 State Requirements Rule'') finalized the
proposal ``to retain our existing RACT requirements codified in 40 CFR
51.1112 and to add new deadline requirements for certain RACT SIP
submissions . . .''.\4\ It states ``[F]or reference, the final 2008
Ozone NAAQS SIP Requirements Rule provides an extensive discussion of
the EPA's rationale and approach for how air agencies can provide for
RACT in their nonattainment SIPs (80 FR 12278; March 6, 2015).'' The
2008 ozone SIP Requirements Rule 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.\5\ 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.\6\
---------------------------------------------------------------------------
\4\ 83 FR 62998, 63007.
\5\ 80 FR 12264, 12278.
\6\ Id.; 70 FR 71612, 71652 (November 29, 2005).
---------------------------------------------------------------------------
The 2015 ozone RACT SIP, including its negative declarations,
provide the NSAQMD's analysis of its compliance with CAA section 182
RACT requirements for the 2015 8-hour ozone NAAQS. The EPA's technical
support document (TSD) for this action has more information about the
District's submittal and the EPA's evaluation thereof.
II. The EPA's Evaluation and Proposed 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 and for each major source of VOCs or
NOX in ozone nonattainment areas classified as Moderate or
above (see CAA sections 182(b)(2) and (f), and 40 CFR 51.1312(a) and
(b)). At the time of submittal, NSAQMD regulated an ozone nonattainment
area classified as Moderate for the 2015 ozone standard (40 CFR
81.305). Therefore, NSAQMD rules must implement RACT.\7\
---------------------------------------------------------------------------
\7\ On October 28, 2021, the EPA reclassified the Western Nevada
2015 ozone nonattainment area from ``Moderate'' to ``Serious,'' and
established a Serious area RACT SIP deadline of November 29, 2023
(86 FR 59648).
---------------------------------------------------------------------------
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.\8\ To do so, the submittal
should provide reasonable assurance that no sources subject to the CTG
requirements currently exist in the portion of the ozone nonattainment
area that is regulated by the District.
---------------------------------------------------------------------------
\8\ 57 FR 13498, 13512 (April 16, 1992).
---------------------------------------------------------------------------
With respect to NSAQMD, the District's analysis must demonstrate
that each major source of VOCs or NOX in the Western Nevada
NAA is covered by a RACT-level rule. In addition, for each CTG source
category, the District must either demonstrate that a RACT-level rule
is in place, or submit a negative declaration. Guidance and policy
documents that we use to evaluate CAA section 182 RACT requirements
include the following:
1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
2. EPA Office of Air Quality Planning and Standards, ``Issues
Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' May 25, 1988 (``the Bluebook,'' revised January 11,
1990).
3. ``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).
8. ``Implementation of the 2015 National Ambient Air Quality
Standards for Ozone: Nonattainment Area State Implementation Plan
Requirements,'' 83 FR 62998 (December 6, 2018).
B. Does the document meet the evaluation criteria?
NSAQMD's 2015 ozone RACT SIP provides the District's demonstration
that the applicable SIP for the Western Nevada NAA, which is under the
jurisdiction of the NSAQMD, satisfies CAA section 182 RACT requirements
for the 2015 ozone NAAQS. The District's conclusion is based on its
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, the NSAQMD determined that
it only had sources subject to the CTGs covering gasoline service
stations and vapor recovery operations, gasoline tank truck vapor
tightness, and cutback asphalt. For each of these CTG source
categories, the District's submittal provided an analysis to support
the District's finding that a District rule previously approved by the
EPA into the SIP as RACT for Western Nevada remains RACT for the 2015
ozone NAAQS. Specifically, the ``Staff Report analyzing RACT for the
2015 Ozone NAAQS SIP'' provides a discussion of the following District
rules and why they continue to implement RACT: Rule 214, ``Phase I
Vapor Recovery Requirements;'' and Rule 227, ``Cutback and Emulsified
Asphalt Paving
[[Page 7781]]
Materials.'' \9\ We reviewed the NSAQMD's evaluation of its rules
addressing the CTG source categories that are subject to RACT in
Western Nevada, which are as follows: ``Design Criteria for Stage I
Vapor Control Systems--Gasoline Service Stations'' (EPA-450/R-75-
102),''Control of Volatile Organic Compound Leaks from Gasoline Tank
Trucks and Vapor Collection Systems'' (EPA-450/2-78-051), and ``Control
of Volatile Organic Compounds from Use of Cutback Asphalt'' (EPA-450/2-
77-37).\10\ We agree that the District's rules are generally consistent
with the CTGs and with recently adopted rules in other air districts,
and therefore satisfy CAA RACT requirements for the 2015 ozone NAAQS.
In this rulemaking, we propose to find that NSAQMD Rules 214 and 227
establish RACT-level controls for the sources within the applicable CTG
categories. Our TSD has additional information about our evaluation of
these rules.
---------------------------------------------------------------------------
\9\ The Staff Report also includes a discussion of two rules
that the NSAQMD states are not needed for the 2015 ozone RACT SIP:
Rule 215, ``Phase II Vapor Recovery System Requirements;'' and Rule
228, ``Surface Coating of Metal Parts and Products.'' While NSAQMD
reviewed Rule 215, ``Phase II Vapor Recovery System Requirements,''
as meeting RACT, and the EPA has approved the rule as meeting RACT
for the 2008 ozone NAAQS, the EPA has not published a CTG for
vehicle refueling operations. District Rule 228, corresponds to the
CTG entitled ``Control of Volatile Organic Emissions from Existing
Stationary Sources, Volume VI: Surface Coating of Miscellaneous
Metal Parts and Products, and Control Techniques Guidelines for
Miscellaneous Metal and Plastic Parts Coatings'' (EPA-453/R-08-003).
\10\ District Rule 214 corresponds to the CTGs entitled ``Design
Criteria for Stage I Vapor Control Systems--Gasoline Service
Stations'' (EPA-450/R-75-102) and ``Control of Volatile Organic
Compound Leaks from Gasoline Tank Trucks and Vapor Collection
Systems'' (EPA-450/2-78-051). District Rule 227 corresponds to the
CTG entitled, ``Cutback and Emulsified Asphalt Paving Materials,''
corresponds to the CTG entitled ``Control of Volatile Organic
Compounds from Use of Cutback Asphalt'' (EPA-450/2-77-37).
---------------------------------------------------------------------------
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.
The submittal contains a table listing the EPA's CTGs and annotates
those CTGs for which the District is adopting a negative declaration,
indicating that the District has no sources subject to the applicable
CTG for the 2015 ozone NAAQS. These negative declarations are listed in
Table 1 below. The District concludes that it has no sources subject to
the relevant CTGs, based on a review of its permit files, planning
documents, and the emissions inventory.
In addition, the NSAQMD determined ``there are no existing or
anticipated major sources'' of VOC or NOX located in the
Western Nevada NAA. The NSAQMD states ``the largest-emitting stationary
source of ozone precursors in the nonattainment area (an asphalt batch
plant) emitted 0.79 tons of NOX (4.3 pounds/day) and 0.02
tons of TOG [VOC] (0.1 pounds/day) in 2019.''
We reviewed the District's list of negative declarations in the
submittal and CARB Emissions Inventory data and performed a general
internet search to verify the District's conclusion that it has no
sources subject to the CTGs for which it has adopted negative
declarations, and has no non-CTG major sources of VOC or
NOX. Based on our review, we agree with the District's
negative declarations in the 2015 ozone RACT SIP, including negative
declarations for non-CTG major sources of VOC and NOX, and
propose to approve them into the SIP.
Table 1--CTG Negative Declarations for 2015 Ozone NAAQS--Western Nevada
NAA
------------------------------------------------------------------------
CTG No. CTG title
------------------------------------------------------------------------
EPA-450/2-77-008........................ Surface Coating of Cans.
EPA-450/2-77-008........................ Surface Coating of Coils.
EPA-450/2-77-008........................ Surface Coating of Paper.
EPA-450/2-77-008........................ Surface Coating of Fabric.
EPA-450/2-77-008........................ Surface Coating of Automobiles
and Light-Duty Trucks.
EPA-450/2-77-022........................ Solvent Metal Cleaning.
EPA-450/2-77-025........................ Refinery Vacuum Producing
Systems, Wastewater
Separators, and Process Unit
Turnarounds.
EPA-450/2-77-026........................ Tank Truck Gasoline Loading
Terminals.
EPA-450/2-77-032........................ Surface Coating of Metal
Furniture.
EPA-450/2-77-033........................ Surface Coating for Insulation
of Magnet Wire.
EPA-450/2-77-034........................ Surface Coating of Large
Appliances.
EPA-450/2-77-035........................ Bulk Gasoline Plants.
EPA-450/2-77-036........................ Storage of Petroleum Liquids
in Fixed-Roof Tanks.
EPA-450/2-78-015........................ Surface Coating of
Miscellaneous Metal Parts and
Products.
EPA-450/2-78-029........................ Manufacture of Synthesized
Pharmaceutical Products.
EPA-450/2-78-030........................ Manufacture of Pneumatic
Rubber Tires.
EPA-450/2-78-032........................ Factory Surface Coating of
Flat Wood Paneling.
EPA-450/2-78-033........................ Graphic Arts-Rotogravure and
Flexography.
EPA-450/2-78-036........................ Leaks from Petroleum Refinery
Equipment.
EPA-450/2-78-047........................ Petroleum Liquid Storage in
External Floating Roof Tanks.
EPA-450/3-82-009........................ Large Petroleum Dry Cleaners.
EPA-450/3-83-006........................ Leaks from Synthetic Organic
Chemical and Polymer
Manufacturing Equipment.
EPA-450/3-83-007........................ Equipment Leaks from Natural
Gas/Gasoline Processing
Plants.
EPA-450/3-83-008........................ Manufacture of High-Density
Polyethylene, Polypropylene,
and Polystyrene Resins.
EPA-450/3-84-015........................ Air Oxidation Processes in
Synthetic Organic Chemical
Manufacturing Industry.
EPA-450/4-91-031........................ Reactor Processes and
Distillation Operations
Processes in the Synthetic
Organic Chemical
Manufacturing Industry.
EPA-453/R-96-007........................ Wood Furniture Manufacturing
Operations.
EPA-453/R-94-032........................ ACT Surface Coating Operations
at Shipbuilding and Ship
Repair Facilities.
61 FR 44050; 8/27/96.................... Shipbuilding and Ship Repair
Operations (Surface Coating).
59 FR 29216; 6/06/94.................... NESHAPS Aerospace
Manufacturing and Rework.
EPA-453/R-97-004........................ Coating Operations at
Aerospace Manufacturing and
Rework Operations.
EPA-453/R-06-001........................ Industrial Cleaning Solvents.
EPA-453/R-06-002........................ Offset Lithographic Printing
and Letterpress Printing.
EPA-453/R-06-003........................ Flexible Package Printing.
EPA-453/R-06-004........................ Flat Wood Paneling Coatings.
[[Page 7782]]
EPA 453/R-07-003........................ Paper, Film, and Foil
Coatings.
EPA 453/R-07-004........................ Large Appliance Coatings.
EPA 453/R-07-005........................ Metal Furniture Coatings.
EPA 453/R-08-003........................ Miscellaneous Metal and
Plastic Parts Coatings; Table
2--Metal Parts and Products.
EPA 453/R-08-003........................ Miscellaneous Metal and
Plastic Parts Coatings; Table
3--Plastic Parts and
Products.
EPA 453/R-08-003........................ Miscellaneous Metal and
Plastic Parts Coatings; Table
4--Automotive/Transportation
and Business Machine Plastic
Parts.
EPA 453/R-08-003........................ Miscellaneous Metal and
Plastic Parts Coatings; Table
5--Pleasure Craft Surface
Coating.
EPA 453/R-08-003........................ Miscellaneous Metal and
Plastic Parts Coatings; Table
6--Motor Vehicle Materials.
EPA 453/R-08-004........................ Fiberglass Boat Manufacturing
Materials.
EPA 453/R-08-005........................ Miscellaneous Industrial
Adhesives.
EPA 453/R-08-006........................ Automobile and Light-Duty
Truck Assembly Coatings.
EPA 453/B-16-001........................ Oil and Natural Gas Industry.
------------------------------------------------------------------------
C. The EPA's Recommendations To Further Improve the RACT SIP
Our TSD includes recommendations for future rule improvements.
D. Public Comment and Proposed Action
As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve CARBs submittal of the NSAQMD RACT SIP for the 2015 ozone
NAAQS, as reflected in Tables 2 and 3, because the submittal fulfills
the RACT SIP requirements under CAA sections 182(b) and (f) and 40 CFR
51.1312(a) and (b) for the 2015 ozone NAAQS. We will accept comments
from the public on this proposal until March 14, 2022. If we take final
action to approve the submitted document, our final action will
incorporate this document into the federally enforceable SIP.
Table 2--CTGs for 2015 Ozone NAAQS--Western Nevada NAA
----------------------------------------------------------------------------------------------------------------
Negative
CTG No. CTG title Rule claimed as current declaration
RACT adopted
----------------------------------------------------------------------------------------------------------------
EPA-450/R-75-102....................... Design Criteria for Stage I Rule 214 (78 FR 897, 1/7/
Vapor Control--Gasoline 13).
Service Stations.
EPA-450/2-77-008....................... Surface Coating of Cans...... ........................ \a\ 1/25/2021
EPA-450/2-77-008....................... Surface Coating of Coils..... ........................ \a\ 1/25/2021
EPA-450/2-77-008....................... Surface Coating of Paper..... ........................ \a\ 1/25/2021
EPA-450/2-77-008....................... Surface Coating of Fabric.... ........................ \a\ 1/25/2021
EPA-450/2-77-008....................... Surface Coating of ........................ \a\ 1/25/2021
Automobiles and Light-Duty
Trucks.
EPA-450/2-77-022....................... Solvent Metal Cleaning....... ........................ \b\ 1/25/2021
EPA-450/2-77-025....................... Refinery Vacuum Producing ........................ \a\ 1/25/2021
Systems, Wastewater
Separators, and Process Unit
Turnarounds.
EPA-450/2-77-026....................... Tank Truck Gasoline Loading ........................ \a\ 1/25/2021
Terminals.
EPA-450/2-77-032....................... Surface Coating of Metal ........................ \c\ 1/25/2021
Furniture.
EPA-450/2-77-033....................... Surface Coating for ........................ \a\ 1/25/2021
Insulation of Magnet Wire.
EPA-450/2-77-034....................... Surface Coating of Large ........................ \a\ 1/25/2021
Appliances.
EPA-450/2-77-035....................... Bulk Gasoline Plants......... ........................ \d\ 1/25/2021
EPA-450/2-77-036....................... Storage of Petroleum Liquids ........................ \a\ 1/25/2021
in Fixed-Roof Tanks.
EPA-450/2-77-037....................... Cutback Asphalt.............. Rule 227, 74 FR 56120
(10/30/09).
EPA-450/2-78-015....................... Surface Coating of ........................ \a\ \j\ 1/25/
Miscellaneous Metal Parts 2021
and Products.
EPA-450/2-78-029....................... Manufacture of Synthesized ........................ \a\ 1/25/2021
Pharmaceutical Products.
EPA-450/2-78-030....................... Manufacture of Pneumatic ........................ \a\ 1/25/2021
Rubber Tires.
EPA-450/2-78-032....................... Factory Surface Coating of ........................ \a\ 1/25/2021
Flat Wood Paneling.
EPA-450/2-78-033....................... Graphic Arts-Rotogravure and ........................ \e\ 1/25/2021
Flexography.
EPA-450/2-78-036....................... Leaks from Petroleum Refinery ........................ \a\ 1/25/2021
Equipment.
EPA-450/2-78-047....................... Petroleum Liquid Storage in ........................ \a\ 1/25/2021
External Floating Roof Tanks.
EPA-450/2-78-051....................... Leaks from Gasoline Tank Rule 214 (78 FR 897, 1/7/
Trucks and Vapor Collection 13).
Systems.
EPA-450/3-82-009....................... Large Petroleum Dry Cleaners. ........................ \f\ 1/25/2021
EPA-450/3-83-006....................... Leaks from Synthetic Organic ........................ \a\ 1/25/2021
Chemical and Polymer
Manufacturing Equipment.
EPA-450/3-83-007....................... Equipment Leaks from Natural ........................ \a\ 1/25/2021
Gas/Gasoline Processing
Plants.
EPA-450/3-83-008....................... Manufacture of High-Density ........................ \a\ 1/25/2021
Polyethylene, Polypropylene,
and Polystyrene Resins.
EPA-450/3-84-015....................... Air Oxidation Processes in ........................ \f\ 1/25/2021
Synthetic Organic Chemical
Manufacturing Industry.
EPA-450/4-91-031....................... Reactor Processes and ........................ \a\ 1/25/2021
Distillation Operations
Processes in the Synthetic
Organic Chemical
Manufacturing Industry.
EPA-453/R-96-007....................... Wood Furniture Manufacturing ........................ \i\ 1/25/2021
Operations.
[[Page 7783]]
EPA-453/R-94-032....................... ACT Surface Coating ........................ \a\ 1/25/2021
Operations at Shipbuilding
and Ship Repair Facilities.
61 FR 44050; 8/27/96................... Shipbuilding and Ship Repair
Operations (Surface Coating).
59 FR 29216; 6/06/94................... NESHAPS Aerospace ........................ \a\ 1/25/2021
Manufacturing and Rework.
EPA-453/R-97-004....................... Coating Operations at
Aerospace Manufacturing and
Rework Operations.
EPA-453/R-06-001....................... Industrial Cleaning Solvents. ........................ \c\ 1/25/2021
EPA-453/R-06-002....................... Offset Lithographic Printing ........................ \g\ 1/25/2021
and Letterpress Printing.
EPA-453/R-06-003....................... Flexible Package Printing.... ........................ \g\ 1/25/2021
EPA-453/R-06-004....................... Flat Wood Paneling Coatings.. ........................ \a\ 1/25/2021
EPA 453/R-07-003....................... Paper, Film, and Foil ........................ \a\ 1/25/2021
Coatings.
EPA 453/R-07-004....................... Large Appliance Coatings..... ........................ \a\ 1/25/2021
EPA 453/R-07-005....................... Metal Furniture Coatings..... ........................ \a\ 1/25/2021
EPA 453/R-08-003....................... Miscellaneous Metal and ........................ \h\ \j\ 1/25/
Plastic Parts Coatings; 2021
Table 2--Metal Parts and
Products.
EPA 453/R-08-003....................... Miscellaneous Metal and ........................ \h\ 1/25/2021
Plastic Parts Coatings;
Table 3--Plastic Parts and
Products.
EPA 453/R-08-003....................... Miscellaneous Metal and ........................ \h\ 1/25/2021
Plastic Parts Coatings;
Table 4--Automotive/
Transportation and Business
Machine Plastic Parts.
EPA 453/R-08-003....................... Miscellaneous Metal and ........................ \h\ 1/25/2021
Plastic Parts Coatings;
Table 5--Pleasure Craft
Surface Coating.
EPA 453/R-08-003....................... Miscellaneous Metal and ........................ \h\ 1/25/2021
Plastic Parts Coatings;
Table 6--Motor Vehicle
Materials.
EPA 453/R-08-004....................... Fiberglass Boat Manufacturing ........................ \h\ 1/25/2021
Materials.
EPA 453/R-08-005....................... Miscellaneous Industrial ........................ \g\ 1/25/2021
Adhesives.
EPA 453/R-08-006....................... Automobile and Light-Duty ........................ \c\ 1/25/2021
Truck Assembly Coatings.
EPA 453/B-16-001....................... Oil and Natural Gas Industry. ........................ \a\ 1/25/2021
----------------------------------------------------------------------------------------------------------------
\a\ No existing or anticipated sources.
\b\ Exempt--rural (pop. <200,000).
\c\ No sources exceed actual emissions of 15 lbs/day.
\d\ No sources exceed 4,000 gallons per day throughput on a 30-day rolling average.
\e\ No sources that exceed 100 tpy.
\f\ No sources exceed 32,500 gallons/year.
\g\ No sources exceed actual emissions of 15 lbs./day or 3 tons per 12-month period.
\h\ No sources that exceed actual emissions of 15 lbs./day or 2.7 tons per 12-month period.
\i\ No sources exceed 25 tons per year of VOCs PTE.
\j\ 2021-11-23 email from S. Longmire, NSAQMD to N. Levin, EPA Re_RACT Submittal for 2015 Ozone NAAQS.
Table 3--Major Sources of NOX and Non-CTG VOC for 2015 Ozone NAAQS--Western Nevada NAA
----------------------------------------------------------------------------------------------------------------
Negative
Category Major sources in NAA? Rule(s) claimed as current declaration
RACT adopted
----------------------------------------------------------------------------------------------------------------
Major non-CTG sources of VOC......... No......................... N/A......................... \a\ 1/25/2021
Major sources of NOX................. No......................... N/A......................... \a\ 1/25/2021
----------------------------------------------------------------------------------------------------------------
\a\ No existing or anticipated sources.
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
[[Page 7784]]
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, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 3, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-02772 Filed 2-9-22; 8:45 am]
BILLING CODE 6560-50-P
