Air Plan Approval; California; San Diego County Air Pollution Control District, 2538-2541 [2022-27871]
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Federal Register / Vol. 88, No. 10 / Tuesday, January 17, 2023 / Rules and Regulations
assessed or enforced by VA, pursuant to
the Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended
(the Act), for calendar year 2023. This
correction addresses a typographical
error in the published final rule.
DATES: This correction is effective
January 17, 2023. The correction is
applicable as of January 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Stephanie Li, Chief, Regulations Team,
Loan Guaranty Service (26), Department
of Veterans Affairs, 810 Vermont
Avenue NW, Washington, DC 20420,
(202) 632–8862. (This is not a toll-free
number.)
SUPPLEMENTARY INFORMATION: VA is
correcting its regulations published on
January 6, 2023, in the Federal Register
at 88 FR 986 in the final rule ‘‘RIN
2900–AR79, Federal Civil Penalties
Inflation Adjustment Act
Amendments’’. The final rule submitted
for publication contained a
typographical error; specifically, two
digits were transposed in the second
amendatory instruction. The final rule
lists the current amount at 38 CFR
36.4340 as ‘‘$25,067’’, but the current
amount is ‘‘$25,076’’.
List of Subjects in 38 CFR Part 36
Condominiums, Housing, Individuals
with disabilities, Loan programs—
housing and community development,
Loan programs—veterans, Manufactured
homes, Mortgage insurance, Reporting
and recordkeeping requirements,
Veterans.
For the reasons stated in the
preamble, 38 CFR part 36 is corrected by
making the following correcting
amendment:
PART 36—LOAN GUARANTY
1. The authority citation for part 36
continues to read as follows:
■
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Authority: 38 U.S.C. 501 and 3720.
§ 36.4340
[Amended]
2. In § 36.4340, amend paragraphs
(k)(1)(i) introductory text and (k)(3) by
removing ‘‘$25,076’’ and adding in its
place ‘‘$27,018’’.
■
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy
& Management, Office of General Counsel,
Department of Veterans Affairs.
[FR Doc. 2023–00716 Filed 1–13–23; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2022–0439; FRL–9870–02–
R9]
Air Plan Approval; California; San
Diego County Air Pollution Control
District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the San Diego
County Air Pollution Control District’s
(SDCAPCD or ‘‘District’’) portion of the
California State Implementation Plan
(SIP). This revision concerns a negative
declaration for the 2008 8-hour ozone
National Ambient Air Quality Standards
(NAAQS) in the ozone nonattainment
area under the jurisdiction of the
SDCAPCD and one volatile organic
compound (VOC) rule covering transfer
of organic compounds into mobile
transport trucks. We are approving a
local rule to regulate these emission
sources under the Clean Air Act (CAA
or ‘‘the Act’’) and the negative
declaration. We are also correcting
sections in the Code of Federal
Regulations (CFR) to reflect the current
SUMMARY:
status of certain provisions of the
California SIP.
DATES: This rule is effective on February
16, 2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2022–0439. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information. 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:
Donnique Sherman, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 947–4129 or by
email at sherman.donnique@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On June 3, 2022 (87 FR 33697), the
EPA proposed to approve the following
submittals into the California SIP.
Adopted/
amended
Local agency
Document title
SDCAPCD ................
SDCAPCD ................
Rule 61.2 Transfer of Organic Compounds into Mobile Transport Tanks .......................
2020 Reasonably Available Control Technology (RACT) Demonstration for the National Ambient Air Quality Standards for Ozone in San Diego County, October
2020—Negative Declaration for Non-CTG Major VOC Sources.
As mentioned in our proposed action,
these submittals correct deficiencies
identified in the EPA’s December 3,
2020 (85 FR 77996) partial disapproval
of SDCAPCD’s 2008 Eight-Hour Ozone
Reasonably Available Control
Technology Demonstration for San
Diego County (‘‘2008 RACT SIP’’).
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SDCAPCD Rule 61.2 is designed to
decrease VOC emissions during the
transfer of liquid compounds into
mobile transport tanks. The submitted
negative declaration is a formally
adopted declaration that there are
currently no sources of VOC emissions
in the portion of the ozone
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02/10/2021
10/14/2020
Submitted
04/20/2021
12/29/2020
nonattainment area regulated by
SDCAPCD that exceed the 100 tons per
year VOC threshold for Moderate ozone
nonattainment areas and are not covered
by a Control Techniques Guidelines
(CTG) document. We proposed to
approve these submittals because we
have determined that they comply with
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Federal Register / Vol. 88, No. 10 / Tuesday, January 17, 2023 / Rules and Regulations
the relevant CAA requirements. Our
proposed action contains more
information on the submittals and our
evaluation.
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II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
the comment period we received one
comment in support of the EPA’s June
3, 2022 proposed action.
III. EPA Action
No comments were submitted that
change our assessment of the submittals
as described in our proposed action.
Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully
approving into the California SIP
SDCAPCD’s negative declaration for
non-CTG major VOC sources for the
2008 RACT SIP Moderate area
requirements and Rule 61.2. The
February 10, 2021 version of Rule 61.2
will replace the previously approved
version of this rule (amended July 26,
2000) in the SIP. The approval of these
submittals stops all sanctions and
Federal implementation plan clocks
started by our December 3, 2020 (85 FR
77996) partial disapproval action on the
SDCAPCD 2008 RACT SIP. We are also
correcting an error in the CFR
concerning another deficiency
previously identified in the SDCAPCD
2008 RACT SIP that has since been
addressed by the State of California. In
our rulemaking promulgating that
approval, we failed to remove the
language in the CFR that codified the
disapproval, which could result in
public confusion about the status of the
California SIP.
On October 22, 2021 (86 FR 58593),
the EPA published a final rule entitled
‘‘Air Plan Approval; California; San
Diego Air Pollution Control District’’
that approved revisions to the
SDCAPCD portion of the California SIP.
That rule approved the February 10,
2021 versions of Rule 67.6.1 and Rule
67.6.2 into the California SIP, replacing
previously approved versions of these
rules. The revision to Rule 67.6.1 fixed
the deficiency identified in our partial
disapproval of SDCAPCD’s 2008 RACT
SIP with respect to the requirement to
establish RACT-level controls for
sources covered by the ‘‘Control
Techniques Guidelines for Industrial
Cleaning Solvents’’ (85 FR 77996).
However, the EPA’s final rule
inadvertently failed to include
amendatory instructions to remove the
industrial cleaning solvents category
from the regulatory text at 40 CFR
52.237(b)(2)(i)(D), where it is listed as a
disapproved element of SDCAPCD’s
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RACT SIP. This action corrects the
regulatory text to reflect the current
status of SDCAPCD’s RACT SIP.
In this rule, the EPA will remove the
industrial cleaning solvents CTG
category from the regulatory text at 40
CFR 52.237(b)(2)(i)(D), as SDCAPCD has
met its RACT SIP obligations with
respect to this CTG category (86 FR
58593). The EPA has determined that
this action falls under the ‘‘good cause’’
exemption in section 553(b)(3)(B) of the
Administrative Procedure Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation where public notice
and comment procedures are
impracticable, unnecessary, or contrary
to public interest. Public notice and
comment for this action is unnecessary
because the underlying rules were
already subject to a 30-day comment
period, and this action is merely
updating the regulatory text
accordingly. Further, this action is
consistent with the purpose and
rationale of the final rules. Because this
action does not change the EPA’s
analyses or overall actions, no purpose
would be served by additional public
notice and comment. Consequently,
additional public notice and comment
are unnecessary.
submitted to the Office of Management
and Budget (OMB) for review.
IV. Incorporation by Reference
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the National
Government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of SDCAPCD
Rule 61.2, ‘‘Transport of Organic
Compounds into Mobile Transport
Tanks,’’ revision adopted on February
10, 2021, which regulates VOC
emissions during the transfer of liquid
compounds into mobile transport tanks.
The EPA has made, and will continue
to make, these documents available
through www.regulations.gov and at the
EPA Region IX Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
V. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive orders can be
found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was therefore not
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B. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA because this action does not
impose additional requirements beyond
those imposed by state law.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities beyond those imposed by state
law.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action does not
impose additional requirements beyond
those imposed by state law.
Accordingly, no additional costs to
state, local, or tribal governments, or to
the private sector, will result from this
action.
E. Executive Order 13132: Federalism
F. Executive Order 13175: Coordination
With Indian Tribal Governments
This action does not have tribal
implications, as specified in Executive
Order 13175, because the SIP is not
approved to apply on any Indian
reservation land or in any other area
where the EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction, and will not impose
substantial direct costs on tribal
governments or preempt tribal law.
Thus, Executive Order 13175 does not
apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
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Executive order. This action is not
subject to Executive Order 13045
because it does not impose additional
requirements beyond those imposed by
state law.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs
the EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. The EPA believes that this
action is not subject to the requirements
of section 12(d) of the NTTAA because
application of those requirements would
be inconsistent with the CAA.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The State did not evaluate
environmental justice considerations as
part of its SIP submittal. There is no
information in the record inconsistent
with the stated goals of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and indigenous peoples.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
L. Petitions for Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by March 20, 2023.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: December 16, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(285)(i)(E)(2),
(c)(565)(i)(A)(4), and (c)(584)(ii)(A)(4) to
read as follows:
■
§ 52.220
Identification of plan—in part.
*
*
*
*
*
(c) * * *
(285) * * *
(i) * * *
(E) * * *
(2) Previously approved on August 26,
2003, in paragraph (c)(285)(i)(E)(1) of
this section and now deleted with
replacement in paragraph
(c)(565)(i)(A)(4) of this section, Rule
61.2, amended on July 26, 2000.
*
*
*
*
*
(565) * * *
(i) * * *
(A) * * *
(4) Rule 61.2, ‘‘Transport of Organic
Compounds into Mobile Transport
Tanks,’’ revision adopted on February
10, 2021.
*
*
*
*
*
(584) * * *
(ii) * * *
(A) * * *
(4) Negative Declaration for Major
Non-CTG Stationary Sources of VOC, as
submitted in the 2020 Reasonably
Available Control Technology
Demonstration for the National Ambient
Air Quality Standards for Ozone in San
Diego County, adopted on October 14,
2020, for the 2008 ozone NAAQS.
*
*
*
*
*
■ 3. Section 52.222 is amended by
revising paragraph (a)(5)(ii) to read as
follows:
§ 52.222
Negative declarations.
(a) * * *
(5) * * *
(ii) The following negative
declarations for the 2008 ozone NAAQS
were adopted by the San Diego County
Air Pollution Control District.
TABLE 4 TO PARAGRAPH (a)(5)(ii)—NEGATIVE DECLARATIONS FOR THE 2008 OZONE NAAQS
CTG document No.
Title
EPA–450/2–77–008 ...
Control of Volatile Organic Emissions from Existing Stationary Sources—Volume II:
Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty
Trucks (Automobiles, and light-duty truck coatings only).
Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds.
Control of Volatile Organic Emissions from Existing Stationary Sources—Volume III:
Surface Coating of Metal Furniture.
Control of Volatile Organic Emissions from Existing Stationary Sources—Volume IV:
Surface Coating of Insulation of Magnet Wire.
Control of Volatile Organic Emissions from Existing Stationary Sources—Volume V:
Surface Coating of Large Appliances.
Control of Volatile Organic Emissions from Manufacture of 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 Compound Leaks from Petroleum Refinery Equipment ....
EPA–450/2–77–025 ...
EPA–450/2–77–032 ...
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EPA–450/2–77–033 ...
EPA–450/2–77–034 ...
EPA–450/2–78–029 ...
EPA–450/2–78–030 ...
EPA–450/2–78–032 ...
EPA–450/2–78–036 ...
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Adopted:
12/14/2016
Submitted:
4/12/2017
SIP Approved:
12/03/2020
Adopted:
10/14/2020
Submitted:
12/29/2020
SIP Approved:
6/29/2022
Adopted:
10/14/2020
Submitted:
12/29/2020
SIP Approved:
1/17/2023
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Federal Register / Vol. 88, No. 10 / Tuesday, January 17, 2023 / Rules and Regulations
TABLE 4 TO PARAGRAPH (a)(5)(ii)—NEGATIVE DECLARATIONS FOR THE 2008 OZONE NAAQS—Continued
CTG document No.
Title
EPA–450/3–82–009 ...
Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners.
Control of Volatile Organic Compound Leaks from Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment.
Control of Volatile Organic Compound Equipment Leaks from Natural Gas/Gasoline
Processing Plants.
Control of Volatile Organic Compound Emissions from Manufacture of High-Density
Polyethylene, Polypropylene, and Polystyrene Resins.
Control of Volatile Organic Compound Emissions from Air Oxidation Processes in
Synthetic Organic Chemical Manufacturing Industry.
Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations in Synthetic Organic Chemical Manufacturing Industry.
Control of Volatile Organic Compound Emissions from Coating Operations at Aerospace Manufacturing and Rework Operations.
Aerospace MACT, see the FEDERAL REGISTER of 6/6/94 ..............................................
Control Techniques Guidelines for Flat Wood Paneling Coatings ................................
Control Techniques Guidelines for Large Appliance Coatings .....................................
Control Techniques Guidelines for Metal Furniture Coatings .......................................
Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings
Tables 3–6.
Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials ..............
Control Techniques Guidelines for Automobile and Light-Duty Truck Assembly Coatings.
Major non-CTG VOC sources .......................................................................................
EPA–450/3–83–006 ...
EPA–450/3–83–007 ...
EPA–450/3–83–008 ...
EPA–450/3–84–015 ...
EPA–450/4–91–031 ...
EPA–453/R–97–004 ...
EPA–453/R–06–004 ...
EPA 453/R–07–004 ....
EPA 453/R–07—005 ..
EPA–453/R–08–003 ...
EPA–453/R–08–004 ...
EPA–453/R–08–006 ...
— N/A — ....................
*
*
§ 52.237
*
*
*
[Amended]
4. Section 52.237 is amended by
removing and reserving paragraph
(b)(2).
■
[FR Doc. 2022–27871 Filed 1–13–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2022–0962; FRL–10505–
01–R9]
Finding of Failure To Submit State
Implementation Plan Revisions
Required Under Clean Air Act Section
185; California; Sacramento Metro
Area
Environmental Protection
Agency (EPA).
ACTION: Final action.
AGENCY:
The EPA is taking final action
finding that the state of California has
failed to submit state implementation
plan (SIP) revisions for the Sacramento
Metro nonattainment area to satisfy
certain requirements of the Clean Air
Act (CAA) for the 2008 8-hour ozone
National Ambient Air Quality Standards
(NAAQS). Specifically, these
requirements pertain to the assessment
and collection of fees under CAA
section 185. This action triggers certain
CAA deadlines for the imposition of
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SUMMARY:
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15:51 Jan 13, 2023
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sanctions if California does not submit
the required SIP revisions within the
specified timeframes. This finding also
establishes a CAA deadline for the EPA
to promulgate federal implementation
plans (FIPs) to address the CAA section
185 requirements if the State does not
submit or the EPA does not approve the
State’s section 185 SIP revisions.
DATES: This action is effective on
February 16, 2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2022–0962. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information. 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: Mae
Wang, EPA Region IX, 75 Hawthorne
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Adopted:
12/14/2016
Submitted:
4/12/2017
SIP Approved:
12/03/2020
Adopted:
10/14/2020
Submitted:
12/29/2020
SIP Approved:
6/29/2022
Adopted:
10/14/2020
Submitted:
12/29/2020
SIP Approved:
1/17/2023
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St., San Francisco, CA 94105. By phone:
(415) 947–4137 or by email at
wang.mae@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Background
A. The Sacramento Metro Ozone
Nonattainment Area
B. Statutory and Regulatory Requirements
C. Consequences of Findings of Failure To
Submit a SIP
II. EPA Action
III. Statutory and Executive Order Reviews
I. Background
A. The Sacramento Metro Ozone
Nonattainment Area
The Sacramento Metro ozone
nonattainment area in California
consists of Sacramento and Yolo
counties and portions of El Dorado,
Placer, Solano and Sutter counties. For
a precise description of the geographic
boundaries of the Sacramento Metro
area for the 2008 ozone NAAQS, see the
Code of Federal Regulations (CFR) at 40
CFR 81.305. Several local air agencies
have jurisdiction in this area.
Sacramento County is under the
jurisdiction of the Sacramento
Metropolitan Air Quality Management
District (Sacramento Metropolitan
AQMD). Yolo County and the eastern
portion of Solano County comprise the
Yolo-Solano Air Quality Management
District (Yolo-Solano AQMD). The
southern portion of Sutter County is
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]]>Agencies
[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Rules and Regulations]
[Pages 2538-2541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27871]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0439; FRL-9870-02-R9]
Air Plan Approval; California; San Diego County Air Pollution
Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the San Diego County Air Pollution
Control District's (SDCAPCD or ``District'') portion of the California
State Implementation Plan (SIP). This revision concerns a negative
declaration for the 2008 8-hour ozone National Ambient Air Quality
Standards (NAAQS) in the ozone nonattainment area under the
jurisdiction of the SDCAPCD and one volatile organic compound (VOC)
rule covering transfer of organic compounds into mobile transport
trucks. We are approving a local rule to regulate these emission
sources under the Clean Air Act (CAA or ``the Act'') and the negative
declaration. We are also correcting sections in the Code of Federal
Regulations (CFR) to reflect the current status of certain provisions
of the California SIP.
DATES: This rule is effective on February 16, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2022-0439. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. 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: Donnique Sherman, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4129 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On June 3, 2022 (87 FR 33697), the EPA proposed to approve the
following submittals into the California SIP.
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Adopted/
Local agency Document title amended Submitted
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SDCAPCD.................................... Rule 61.2 Transfer of Organic 02/10/2021 04/20/2021
Compounds into Mobile Transport
Tanks.
SDCAPCD.................................... 2020 Reasonably Available Control 10/14/2020 12/29/2020
Technology (RACT) Demonstration
for the National Ambient Air
Quality Standards for Ozone in San
Diego County, October 2020--
Negative Declaration for Non-CTG
Major VOC Sources.
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As mentioned in our proposed action, these submittals correct
deficiencies identified in the EPA's December 3, 2020 (85 FR 77996)
partial disapproval of SDCAPCD's 2008 Eight-Hour Ozone Reasonably
Available Control Technology Demonstration for San Diego County (``2008
RACT SIP''). SDCAPCD Rule 61.2 is designed to decrease VOC emissions
during the transfer of liquid compounds into mobile transport tanks.
The submitted negative declaration is a formally adopted declaration
that there are currently no sources of VOC emissions in the portion of
the ozone nonattainment area regulated by SDCAPCD that exceed the 100
tons per year VOC threshold for Moderate ozone nonattainment areas and
are not covered by a Control Techniques Guidelines (CTG) document. We
proposed to approve these submittals because we have determined that
they comply with
[[Page 2539]]
the relevant CAA requirements. Our proposed action contains more
information on the submittals and our evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During the comment period we received one comment in support of the
EPA's June 3, 2022 proposed action.
III. EPA Action
No comments were submitted that change our assessment of the
submittals as described in our proposed action. Therefore, as
authorized in section 110(k)(3) of the Act, the EPA is fully approving
into the California SIP SDCAPCD's negative declaration for non-CTG
major VOC sources for the 2008 RACT SIP Moderate area requirements and
Rule 61.2. The February 10, 2021 version of Rule 61.2 will replace the
previously approved version of this rule (amended July 26, 2000) in the
SIP. The approval of these submittals stops all sanctions and Federal
implementation plan clocks started by our December 3, 2020 (85 FR
77996) partial disapproval action on the SDCAPCD 2008 RACT SIP. We are
also correcting an error in the CFR concerning another deficiency
previously identified in the SDCAPCD 2008 RACT SIP that has since been
addressed by the State of California. In our rulemaking promulgating
that approval, we failed to remove the language in the CFR that
codified the disapproval, which could result in public confusion about
the status of the California SIP.
On October 22, 2021 (86 FR 58593), the EPA published a final rule
entitled ``Air Plan Approval; California; San Diego Air Pollution
Control District'' that approved revisions to the SDCAPCD portion of
the California SIP. That rule approved the February 10, 2021 versions
of Rule 67.6.1 and Rule 67.6.2 into the California SIP, replacing
previously approved versions of these rules. The revision to Rule
67.6.1 fixed the deficiency identified in our partial disapproval of
SDCAPCD's 2008 RACT SIP with respect to the requirement to establish
RACT-level controls for sources covered by the ``Control Techniques
Guidelines for Industrial Cleaning Solvents'' (85 FR 77996). However,
the EPA's final rule inadvertently failed to include amendatory
instructions to remove the industrial cleaning solvents category from
the regulatory text at 40 CFR 52.237(b)(2)(i)(D), where it is listed as
a disapproved element of SDCAPCD's RACT SIP. This action corrects the
regulatory text to reflect the current status of SDCAPCD's RACT SIP.
In this rule, the EPA will remove the industrial cleaning solvents
CTG category from the regulatory text at 40 CFR 52.237(b)(2)(i)(D), as
SDCAPCD has met its RACT SIP obligations with respect to this CTG
category (86 FR 58593). The EPA has determined that this action falls
under the ``good cause'' exemption in section 553(b)(3)(B) of the
Administrative Procedure Act (APA) which, upon finding ``good cause,''
authorizes agencies to dispense with public participation where public
notice and comment procedures are impracticable, unnecessary, or
contrary to public interest. Public notice and comment for this action
is unnecessary because the underlying rules were already subject to a
30-day comment period, and this action is merely updating the
regulatory text accordingly. Further, this action is consistent with
the purpose and rationale of the final rules. Because this action does
not change the EPA's analyses or overall actions, no purpose would be
served by additional public notice and comment. Consequently,
additional public notice and comment are unnecessary.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of SDCAPCD
Rule 61.2, ``Transport of Organic Compounds into Mobile Transport
Tanks,'' revision adopted on February 10, 2021, which regulates VOC
emissions during the transfer of liquid compounds into mobile transport
tanks. The EPA has made, and will continue to make, these documents
available through www.regulations.gov and at the EPA Region IX Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
state, local, or tribal governments, or to the private sector, will
result from this action.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the National Government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Coordination With Indian Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, because the SIP is not approved to apply on any
Indian reservation land or in any other area where the EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the
[[Page 2540]]
Executive order. This action is not subject to Executive Order 13045
because it does not impose additional requirements beyond those imposed
by state law.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The State did not evaluate environmental justice considerations as
part of its SIP submittal. There is no information in the record
inconsistent with the stated goals of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
indigenous peoples.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
L. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 20, 2023. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: December 16, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(285)(i)(E)(2),
(c)(565)(i)(A)(4), and (c)(584)(ii)(A)(4) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(285) * * *
(i) * * *
(E) * * *
(2) Previously approved on August 26, 2003, in paragraph
(c)(285)(i)(E)(1) of this section and now deleted with replacement in
paragraph (c)(565)(i)(A)(4) of this section, Rule 61.2, amended on July
26, 2000.
* * * * *
(565) * * *
(i) * * *
(A) * * *
(4) Rule 61.2, ``Transport of Organic Compounds into Mobile
Transport Tanks,'' revision adopted on February 10, 2021.
* * * * *
(584) * * *
(ii) * * *
(A) * * *
(4) Negative Declaration for Major Non-CTG Stationary Sources of
VOC, as submitted in the 2020 Reasonably Available Control Technology
Demonstration for the National Ambient Air Quality Standards for Ozone
in San Diego County, adopted on October 14, 2020, for the 2008 ozone
NAAQS.
* * * * *
0
3. Section 52.222 is amended by revising paragraph (a)(5)(ii) to read
as follows:
Sec. 52.222 Negative declarations.
(a) * * *
(5) * * *
(ii) The following negative declarations for the 2008 ozone NAAQS
were adopted by the San Diego County Air Pollution Control District.
Table 4 to Paragraph (a)(5)(ii)--Negative Declarations for the 2008 Ozone NAAQS
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Adopted: 12/14/ Adopted: 10/14/ Adopted: 10/14/
2016 Submitted: 2020 Submitted: 2020 Submitted:
CTG document No. Title 4/12/2017 SIP 12/29/2020 SIP 12/29/2020 SIP
Approved: 12/03/ Approved: 6/29/ Approved: 1/17/
2020 2022 2023
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EPA-450/2-77-008................. Control of Volatile X ................ ................
Organic Emissions from
Existing Stationary
Sources--Volume II:
Surface Coating of
Cans, Coils, Paper,
Fabrics, Automobiles,
and Light-Duty Trucks
(Automobiles, and
light-duty truck
coatings only).
EPA-450/2-77-025................. Control of Refinery X ................ ................
Vacuum Producing
Systems, Wastewater
Separators, and
Process Unit
Turnarounds.
EPA-450/2-77-032................. Control of Volatile X ................ ................
Organic Emissions from
Existing Stationary
Sources--Volume III:
Surface Coating of
Metal Furniture.
EPA-450/2-77-033................. Control of Volatile X ................ ................
Organic Emissions from
Existing Stationary
Sources--Volume IV:
Surface Coating of
Insulation of Magnet
Wire.
EPA-450/2-77-034................. Control of Volatile X ................ ................
Organic Emissions from
Existing Stationary
Sources--Volume V:
Surface Coating of
Large Appliances.
EPA-450/2-78-029................. Control of Volatile ................ X ................
Organic Emissions from
Manufacture of
Synthesized
Pharmaceutical
Products.
EPA-450/2-78-030................. Control of Volatile X ................ ................
Organic Emissions from
Manufacture of
Pneumatic Rubber Tires.
EPA-450/2-78-032................. Control of Volatile X ................ ................
Organic Emissions from
Existing Stationary
Sources--Volume VII:
Factory Surface
Coating of Flat Wood
Paneling.
EPA-450/2-78-036................. Control of Volatile X ................ ................
Organic Compound Leaks
from Petroleum
Refinery Equipment.
[[Page 2541]]
EPA-450/3-82-009................. Control of Volatile X ................ ................
Organic Compound
Emissions from Large
Petroleum Dry Cleaners.
EPA-450/3-83-006................. Control of Volatile X ................ ................
Organic Compound Leaks
from Synthetic Organic
Chemical Polymer and
Resin Manufacturing
Equipment.
EPA-450/3-83-007................. Control of Volatile X ................ ................
Organic Compound
Equipment Leaks from
Natural Gas/Gasoline
Processing Plants.
EPA-450/3-83-008................. Control of Volatile X ................ ................
Organic Compound
Emissions from
Manufacture of High-
Density Polyethylene,
Polypropylene, and
Polystyrene Resins.
EPA-450/3-84-015................. Control of Volatile X ................ ................
Organic Compound
Emissions from Air
Oxidation Processes in
Synthetic Organic
Chemical Manufacturing
Industry.
EPA-450/4-91-031................. Control of Volatile X ................ ................
Organic Compound
Emissions from Reactor
Processes and
Distillation
Operations in
Synthetic Organic
Chemical Manufacturing
Industry.
EPA-453/R-97-004................. Control of Volatile X ................ ................
Organic Compound
Emissions from Coating
Operations at
Aerospace
Manufacturing and
Rework Operations.
Aerospace MACT, see the
Federal Register of 6/
6/94.
EPA-453/R-06-004................. Control Techniques X ................ ................
Guidelines for Flat
Wood Paneling Coatings.
EPA 453/R-07-004................. Control Techniques X ................ ................
Guidelines for Large
Appliance Coatings.
EPA 453/R-07--005................ Control Techniques X ................ ................
Guidelines for Metal
Furniture Coatings.
EPA-453/R-08-003................. Control Techniques ................ X ................
Guidelines for
Miscellaneous Metal
and Plastic Parts
Coatings Tables 3-6.
EPA-453/R-08-004................. Control Techniques ................ X ................
Guidelines for
Fiberglass Boat
Manufacturing
Materials.
EPA-453/R-08-006................. Control Techniques X ................ ................
Guidelines for
Automobile and Light-
Duty Truck Assembly
Coatings.
-- N/A --........................ Major non-CTG VOC ................ ................ X
sources.
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* * * * *
Sec. 52.237 [Amended]
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4. Section 52.237 is amended by removing and reserving paragraph
(b)(2).
[FR Doc. 2022-27871 Filed 1-13-23; 8:45 am]
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