Air Plan Revisions; California; Sacramento Metropolitan Air Quality Management District, 20086-20092 [2023-06829]
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Federal Register / Vol. 88, No. 65 / Wednesday, April 5, 2023 / Proposed Rules
jeopardizing the safety or security of
people, places, or vessels.
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V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision-Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2023–0192 in the search box and
click ‘‘Search.’’ Next, look for this
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person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
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Viewing material in the docket. To
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the previous paragraph, and then select
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We may choose not to post off-topic,
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that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
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requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 165 as follows:
Dated: March 30, 2023.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Delaware Bay.
[FR Doc. 2023–07054 Filed 4–4–23; 8:45 am]
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
ENVIRONMENTAL PROTECTION
AGENCY
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
40 CFR Part 52
2. Add § 165.T05–0192 to read as
follows:
Air Plan Revisions; California;
Sacramento Metropolitan Air Quality
Management District
§ 165.T05–0192 Safety Zone; Delaware
Bay, Lower Township, NJ.
AGENCY:
■
(a) Location. All navigable waters
within 300 yards of a barge in the
Delaware Bay located at approximate
position latitude 38°59′7.08″ N,
longitude 074°57′49.47″ W.
(b) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
petty officer, warrant or commissioned
officer on board a Coast Guard vessel or
on board a federal, state, or local law
enforcement vessel assisting the Captain
of the Port (COTP), Sector Delaware Bay
in the enforcement of the safety zone.
(c) Regulations.
(1) Under the general safety zone
regulations in subpart C of this part, you
may not enter the safety zone described
in paragraph (a) of this section unless
authorized by the COTP or the COTP’s
designated representative.
(2) To seek permission to enter or
remain in the zone, contact the COTP or
the COTP’s representative via VHF–FM
channel 16 or 215–271–4807. Those in
the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(3) No vessel may take on bunkers or
conduct lightering operations within the
safety zone during its enforcement
period.
(4) This section applies to all vessels
except those engaged in law
enforcement, aids to navigation
servicing, and emergency response
operations.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the safety zone by
Federal, State, and local agencies.
(e) Enforcement period. This zone
will be enforced from approximately
9:15 to 10 p.m. on July 3, 2023, or a rain
date of July 5, 2023.
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[EPA–R09–OAR–2023–0036; FRL–10790–
01–R9]
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
The Environmental Protection
Agency (EPA) is proposing to partially
approve and partially disapprove a
revision to the Sacramento Metropolitan
Air Quality Management District
(SMAQMD) portion of the California
State Implementation Plan (SIP)
concerning the SMAQMD’s
demonstration regarding reasonably
available control technology (RACT)
requirements and negative declarations
for the 2008 8-hour ozone National
Ambient Air Quality Standards
(NAAQS or ‘‘standards’’) in the portion
of the Sacramento Metropolitan
nonattainment area under the
jurisdiction of the SMAQMD. We are
proposing action on a SIP revision
under the Clean Air Act (CAA or the
Act). We are taking comments on this
proposal and plan to follow with a final
action.
DATES: Comments must be received on
or before May 5, 2023.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2023–0036 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
SUMMARY:
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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
section.
FOR FURTHER INFORMATION CONTACT:
Eugene Chen, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 947–4304 or by
email at chen.eugene@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
FURTHER INFORMATION CONTACT
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the
submitted documents?
B. Do the documents meet the evaluation
criteria?
C. What are the deficiencies?
D. Proposed Action and Public Comment
III. Statutory and Executive Order Reviews
I. The State’s Submittal
Table of Contents
A. What documents did the State
submit?
I. The State’s Submittal
A. What documents did the State submit?
B. Are there other versions of these
documents?
C. What is the purpose of the submitted
documents?
Table 1 lists the documents addressed
by this proposal with the dates that they
were adopted by the local air agency
and submitted by the California Air
Resource Board (CARB).
TABLE 1—SUBMITTED DOCUMENTS
Local agency
Document
SMAQMD ..........
Demonstration of Reasonably Available Control Technology for the 2008 Ozone National Ambient Air Quality Standard (NAAQS) (‘‘2017 RACT SIP’’).
Negative Declaration for Control Technique Guidelines for Miscellaneous Metal and Plastic
Parts Coatings (Pleasure Craft Coating Portion Only) (‘‘Pleasure Craft Coating Negative Declaration’’).
SMAQMD ..........
The submittals for the 2017 RACT SIP
and Pleasure Craft Coating Negative
Declaration were determined to meet
the completeness criteria in 40 CFR part
51, Appendix V, in letters dated October
31, 2017 and August 23, 2018,
respectively.
B. Are there other versions of these
documents?
There are no previous versions of the
RACT SIP or negative declarations in
the SMAQMD portion of the California
SIP for the 2008 ozone NAAQS.
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C. What is the purpose of the submitted
documents?
Emissions of volatile organic
compounds (VOCs) and oxides of
nitrogen (NOX) contribute to the
production of ground-level ozone, smog
and particulate matter (PM), which
harm human health and the
environment. Section 110(a) of the CAA
requires states to submit regulations that
control VOC and NOX emissions.
Sections 182(b)(2) and (f) require that
SIPs for ozone nonattainment areas
classified as Moderate or above
implement RACT for any source
covered by a Control Techniques
Guidelines (CTG) document and for any
major source of VOCs or NOX. The
SMAQMD is subject to this requirement
as it regulates the Sacramento County
portion of the Sacramento Metropolitan
ozone nonattainment area that was
designated and classified as a Severe
nonattainment area for the 2008 8-hour
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Adopted
ozone NAAQS.1 Therefore, the
SMAQMD must, at a minimum, adopt
RACT-level controls for all sources
covered by a CTG document and for all
major non-CTG sources of VOCs or NOX
within the ozone nonattainment area
that it regulates. Any stationary source
that emits or has the potential to emit
at least 25 tons per year (tpy) of VOCs
or NOX is a major stationary source in
a Severe ozone nonattainment area
(CAA section 182(d), (f) and 302(j)).
Section III.D of the preamble to the
EPA’s final rule to implement the 2008
ozone NAAQS discusses RACT
requirements.2 It states, in part, that
RACT SIPs must contain adopted RACT
regulations, certifications (where
appropriate) that existing provisions are
RACT, and/or negative declarations that
no sources in the nonattainment area are
covered by a specific CTG.3 It also
provides that states must submit
appropriate supporting information for
their RACT submissions as described in
the EPA’s implementation rule for the
1997 ozone NAAQS.4 The SMAQMD’s
RACT SIP submittal and negative
declarations provide SMAQMD’s
analyses of its compliance with the CAA
section 182 RACT requirements for the
2008 8-hour ozone NAAQS.
The EPA’s technical support
document (TSD) has more information
about SMAQMD’s RACT SIP, negative
1 77
FR 30088 (May 21, 2012).
FR 12264 (March 6, 2015).
3 Id. at 12278.
4 Id.; 70 FR 71612, 71652 (November 29, 2005).
2 80
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Submitted
03/23/2017
05/05/2017
03/22/2018
06/11/2018
declarations, and the EPA’s evaluations
thereof.
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the
submitted documents?
Generally, SIP rules must require
RACT for each category of sources
covered by a CTG document as well as
each major source of VOCs or NOX in
ozone nonattainment areas classified as
Moderate or above (see CAA section
182(b)(2), (f)). The SMAQMD regulates
the Sacramento County portion of the
Sacramento Metropolitan ozone
nonattainment area classified as Severe
for the 2008 ozone standard (40 CFR
81.305). Therefore, SMAQMD rules
must implement RACT.
States should also submit for SIP
approval negative declarations for those
CTGs for which they have no sources
covered by the CTG, regardless of
whether such negative declarations
were made in a SIP for an earlier ozone
standard.5 To do so, the submittal
should provide reasonable assurance
that no sources that fall under the CTG
currently exist in the portion of the
ozone nonattainment area that is
regulated by the SMAQMD.
The District’s analysis must
demonstrate that each major source of
VOCs or NOX in the ozone
nonattainment area is covered by a
RACT-level rule. In addition, for each
CTG, the District must either
5 57
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FR 13498, 13512 (April 16, 1992).
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demonstrate that a RACT-level rule is in
place or submit a negative declaration.
Guidance and policy documents that we
use to evaluate CAA section 182 RACT
requirements include the following:
1. ‘‘State Implementation Plans;
General Preamble for the
Implementation of Title I of the Clean
Air Act Amendments of 1990,’’ 57 FR
13498 (April 16, 1992); 57 FR 18070
(April 28, 1992).
2. ‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and
Deviations,’’ EPA, May 25, 1988 (the
Bluebook, revised January 11, 1990).
3. ‘‘Guidance Document for Correcting
Common VOC & Other Rule
Deficiencies,’’ EPA Region 9, August 21,
2001 (the Little Bluebook).
4. ‘‘State Implementation Plans;
Nitrogen Oxides Supplement to the
General Preamble; Clean Air Act
Amendments of 1990 Implementation of
Title I; Proposed Rule,’’ (the NOX
Supplement), 57 FR 55620, November
25, 1992.
5. Memorandum dated May 18, 2006,
from William T. Harnett, Director, Air
Quality Policy Division, to Regional Air
Division Directors, Subject: ‘‘RACT Qs &
As—Reasonably Available Control
Technology (RACT): Questions and
Answers.’’
6. ‘‘Final Rule to Implement the 8hour 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. ‘‘State Implementation Plans:
Response to Petition for Rulemaking;
Restatement and Update of EPA’s SSM
(startup, shutdown, malfunction) Policy
Applicable to SIPs; Findings of
Substantial Inadequacy; and SIP Calls to
Amend Provisions Applying to Excess
Emissions During Periods of Startup,
Shutdown and Malfunction’’ (80 FR
33839) June 12, 2015 (2015 SSM SIP
Action).
9. ‘‘Inclusion of Provisions Governing
Periods of Startup, Shutdown, and
Malfunctions in State Implementation
Plans,’’ EPA, October 9, 2020.
10. ‘‘Withdrawal of the October 9,
2020, Memorandum Addressing
Startup, Shutdown, and Malfunctions in
State Implementation Plans and
Implementation of the Prior Policy,’’
EPA, September 30, 2021.
B. Do the documents meet the
evaluation criteria?
SMAQMD’s 2017 RACT SIP provides
the District’s demonstration that the
applicable SIP for the SMAQMD
satisfies CAA section 182 RACT
requirements for the 2008 8-hour ozone
NAAQS. The District based its
demonstration on its analysis of SIPapproved requirements that apply to the
following: (1) sources covered by a CTG,
and (2) major non-CTG stationary
sources of VOC or NOX emissions.
With respect to CTG sources,
SMAQMD identified several CTGs with
covered sources (i.e., sources covered by
the CTG and operating within the
nonattainment area), and provided an
evaluation of the District rules it relies
upon to meet RACT for these CTGs. We
reviewed the District’s evaluation and
agree that its rules implement RACT for
the applicable CTGs. Our TSD has
additional information about our
evaluation of these rules.
When 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. Appendix
A of the 2017 RACT SIP lists
SMAQMD’s negative declarations for
those instances where it has no sources
subject to the applicable CTGs for the
2008 8-hour ozone NAAQS. These
negative declarations are listed in Table
2 below. SMAQMD concludes that it
has no sources subject to these listed
CTGs based on a review of its permit
files, emission inventory, business
listings, and consultation with District
permitting and enforcement staff. We
reviewed SMAQMD’s list of negative
declarations and California Emissions
Inventory data to verify the District’s
conclusion that it has no stationary
sources subject to the CTGs for which it
has adopted a negative declaration. We
agree with the District’s negative
declarations in the 2017 RACT SIP and
propose to approve them into the SIP.
With respect to non-CTG major
sources of NOX or VOC, SMAQMD
identified twelve major sources
exceeding the major source threshold
for NOX or VOC, which is 25 tpy in
Severe ozone nonattainment areas. As
described in more detail in our TSD, we
conclude that SMAQMD properly
identified all major non-CTG sources of
NOX or VOC requiring RACT. SMAQMD
also identified several District rules,
primarily NOX rules, that it relies upon
to implement RACT at these major
sources. As discussed in more detail in
Section C below, we have noted certain
deficiencies in several of the identified
District rules, and conclude that these
District rules do not fully satisfy the
RACT requirement.
TABLE 2—SMAQMD NEGATIVE DECLARATIONS
CTG document No.
EPA–450/2–77–008
EPA–450/2–77–008
EPA–450/2–77–008
EPA–450/2–77–008
...........
...........
...........
...........
EPA–450/2–77–025 ...........
EPA–450/2–77–033 ...........
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EPA–450/2–77–034 ...........
EPA–450/2–78–030 ...........
EPA–450/2–78–032 ...........
EPA–450/2–78–033 ...........
EPA–450/2–78–03 .............
EPA–450/3–82–009 ...........
EPA–450/3–83–007 ...........
EPA–450/3–83–008 ...........
EPA–450/3–84–015 ...........
EPA–453/R–94–032, 61 FR
44050; 8/27/96.
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CTG document title
Control of Volatile Organic Emissions from Existing Stationary Sources—Volume II: Surface Coating of Coils.
Control of Volatile Organic Emissions from Existing Stationary Sources—Volume II: Surface Coating of Paper.
Control of Volatile Organic Emissions from Existing Stationary Sources—Volume II: Surface Coating of Fabrics.
Control of Volatile Organic Emissions from Existing Stationary Sources—Volume II: Surface Coating of Automobiles and Light-Duty Trucks.
Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds.
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.
Manufacture of Pneumatic Rubber Tires.
Factory Surface Coating of Flat Wood Paneling.
Graphic Arts-Rotogravure and Flexography (Rotogravure only).
Leaks from Petroleum Refinery Equipment.
Large Petroleum Dry Cleaners.
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.
ACT Surface Coating at Shipbuilding and Ship Repair Facilities Shipbuilding and Ship Repair Operations (Surface
Coating).
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TABLE 2—SMAQMD NEGATIVE DECLARATIONS—Continued
CTG document No.
EPA–453/R–97–004, 59 FR
29216; 6/06/94.
EPA–453/R–06–004 ...........
EPA 453/R–07–003 ............
EPA 453/R–07–004 ............
EPA 453/R–08–003 ............
EPA 453/R–08–004 ............
EPA 453/R–08–005 ............
EPA 453/R–08–006 ............
CTG document title
Aerospace MACT and Aerospace (CTG & MACT).
Flat Wood Paneling Coatings.
Paper, Film, and Foil Coatings.
Large Appliance Coatings.
Miscellaneous Metal and Plastic Parts Coatings (Table 5—Pleasure Craft Surface Coating).
Fiberglass Boat Manufacturing Materials.
Miscellaneous Industrial Adhesives.
Automobile and Light-Duty Truck Assembly Coatings.
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C. What are the deficiencies?
EPA’s startup, shutdown and
malfunction (SSM) policy, as defined in
the 2015 SSM SIP Action,6 notes that
CAA § 110(a)(2)(A) requires SIPs to
include enforceable emission
limitations and other control measures,
means, or techniques as necessary to
meet CAA requirements. The term
‘‘emission limitation’’ is defined in CAA
§ 302(k) as a requirement that ‘‘limits
the quantity, rate, or concentration of
emissions of air pollution on a
continuous basis [. . .].’’ An emission
limitation or requirement that exempts
a period of source operation, such as
startup, cannot be considered
continuous and is not consistent with
CAA requirements (absent an alternative
emission limitation that applies during
such periods). Since such rule limits
cannot be considered continuous limits
given the presence of an exemption for
periods of startup and shutdown, they
do not implement RACT during all
operating conditions, despite the level
of stringency they may establish outside
of startup and shutdown periods.
Moreover, section 110(a)(2) of the CAA
requires SIP submissions to include
enforceable emission limitations and
other control measures, means, or
techniques as may be necessary or
appropriate to meet the applicable
requirements of the Act. If a rule
provides for an emission limitation
during startup and shutdown, but that
limitation is not enforceable, a state may
not rely on this limit to establish RACT
during startup and shutdown.
Furthermore, if a rule establishes a limit
during startup and shutdown, but
expressly forbids the use of data
generated during these times from use
in establishing whether a violation
occurred during these times, this
6 80
FR 33839 (June 12, 2015).
FR 8314, February 24, 1997; 40 CFR 51.212.
The Credible Evidence Rule provides that a SIP may
not preclude the use of any credible evidence or
information relevant to whether a source would
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restriction is not consistent with the
Credible Evidence Rule.7
As discussed in more detail in our
TSD, several of the District rules relied
upon to implement RACT for non-CTG
major sources of NOX contain
provisions that are not consistent with
EPA’s SSM Policy. Rule 413 (Stationary
Gas Turbines) contains a provision that
explicitly exempts affected units from
complying with rule standards during
periods of startup and shutdown and
does not provide for an alternative
emissions limitation during such
periods. Rule 411 (NOX from Boilers,
Process Heaters, and Steam Generators)
and Rule 419 (NOX from Miscellaneous
Combustion Units) both contain
monitoring provisions that preclude the
use of specified data for compliance
determinations during periods of startup
and shutdown. The deficiencies in these
three rules represent the basis for our
partial disapproval of SMAQMD’s 2017
RACT SIP for non-CTG major sources of
NOX, and must be remedied prior to full
approval of the District’s RACT SIP.
For the reasons discussed above and
explained in more detail in our TSD, the
EPA proposes to partially approve and
partially disapprove the SMAQMD 2017
RACT SIP. As authorized in section
110(k)(3) of the Act, we are proposing to
approve the SMAQMD 2017 RACT SIP
for each of the CTGs addressed either by
District rule or by negative declaration,
as well as for non-CTG major sources of
VOC. Also under section 110(k)(3), we
propose to disapprove the SMAQMD
2017 RACT SIP as it pertains to nonCTG major sources of NOX, based upon
our conclusion that several of the
District rules relied upon to implement
RACT for this element contain
deficiencies related to startup and
shutdown. Table 3 contains a listing of
each RACT element, the District rule or
negative declaration relied upon to
address RACT, as well as our proposed
action for that RACT element.
The EPA is committed to working
with SMAQMD to resolve the identified
RACT deficiencies. However, should we
finalize the proposed partial
disapproval of the non-CTG major
source NOX element of SMAQMD’s
2017 RACT SIP, section 110(c) would
require the EPA to promulgate a federal
implementation plan (FIP) within 24
months unless we approve subsequent
SIP revisions that correct the
deficiencies identified in our final
action. In this instance, we note that the
EPA already has an existing obligation
to promulgate a FIP for any RACT SIP
elements that we have not taken final
action to approve. This FIP obligation
originates from our February 3, 2017 (82
FR 9158) finding that SMAQMD failed
to submit a RACT SIP for the 2008 8hour ozone NAAQS by the required
submittal deadline. This finding of
failure to submit established a FIP
obligation deadline of February 3, 2019.
In addition, final action on the proposed
partial disapproval would trigger the
offset sanction in CAA section 179(b)(2)
18 months after the effective date of a
final disapproval, and the highway
funding sanction in CAA section
179(b)(1) six months after the offset
sanction is imposed. A sanction will not
be imposed if the EPA determines that
a subsequent SIP submission corrects
the deficiencies identified in our final
action before the applicable deadline.8
We will accept comments from the
public on this proposed partial approval
and partial disapproval until May 5,
2023. If finalized, this action would
incorporate the approved portions of the
2017 RACT SIP and negative
declarations into the SIP.
have been in compliance with applicable
requirements if the appropriate performance or
compliance test procedure had been performed.
8 Our February 7, 2017 finding of failure to
submit also triggered offset sanctions and highway
funding sanctions. These sanctions clocks were
extinguished by SMAQMD’s submittal of its 2017
RACT SIP and our October 31, 2017 and August 23,
2018 letters determining that the District’s RACT
SIP submittal was complete.
D. Proposed Action and Public
Comment
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TABLE 3—LIST OF RACT ELEMENTS—2008 OZONE NAAQS
EPA
proposed
action
RACT element
District rule implementing RACT
EPA–450/R–75–102 .................
Design Criteria for Stage I Vapor Control—
Gasoline Service Stations.
Surface Coating of Cans ..............................
Surface Coating of Coils ..............................
Surface Coating of Paper ............................
Surface Coating of Fabric ............................
Surface Coating of Automobiles and LightDuty Trucks.
Solvent Metal Cleaning ................................
Refinery Vacuum Producing Systems,
Wastewater Separators, and Process
Unit Turnarounds.
Tank Truck Gasoline Loading Terminals .....
Surface Coating of Metal Furniture ..............
448 (Gasoline Transfer Into Stationary Storage Containers).
452 (Can Coating) ........................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
...............................
Approval.
...............................
Yes .......................
Yes .......................
Yes .......................
Yes .......................
Approval.
Approval.
Approval.
Approval.
Approval.
454 (Degreasing Operations) .......................
.......................................................................
...............................
Yes .......................
Approval.
Approval.
447 (Organic Liquid Loading) ......................
451 (Surface Coating of Miscellaneous
Metal Parts and Products).
.......................................................................
...............................
...............................
Approval.
Approval.
Yes .......................
Approval.
.......................................................................
447 (Organic Liquid Loading) ......................
446 (Storage of Petroleum Products) ..........
Yes .......................
...............................
...............................
Approval.
Approval.
Approval.
453 (Cutback and Emulsified Asphalt Paving Materials).
451 (Surface Coating of Miscellaneous
Metal Parts and Products).
464 (Organic Chemical Manufacturing Operations).
.......................................................................
.......................................................................
...............................
Approval.
...............................
Approval.
...............................
Approval.
Yes .......................
Yes .......................
Approval.
Approval.
450 (Graphic Arts Operations)—Flexography only.
.......................................................................
446 (Storage of Petroleum Products) ..........
Yes—Rotogravure
only.
Yes .......................
...............................
Approval.
Approval.
Approval.
447 (Organic Liquid Loading), 448 (Gasoline Transfer Into Stationary Storage Containers).
.......................................................................
443 (Leaks from Synthetic Organic Chemical and Polymer Manufacturing).
...............................
Approval.
Yes .......................
...............................
Approval.
Approval.
.......................................................................
Yes .......................
Approval.
.......................................................................
Yes .......................
Approval.
.......................................................................
Yes .......................
Approval.
464 (Organic Chemical Manufacturing Operations).
...............................
Approval.
.......................................................................
.......................................................................
Yes .......................
Yes .......................
Approval.
Approval.
.......................................................................
Yes .......................
Approval.
466 (Solvent Cleaning) ................................
450 (Graphic Arts Operations) .....................
...............................
...............................
Approval.
Approval.
450 (Graphic Arts Operations) .....................
.......................................................................
.......................................................................
.......................................................................
451 (Surface Coating of Miscellaneous
Metal Parts and Products).
451 (Surface Coating of Miscellaneous
Metal Parts and Products).
468 (Surface Coating of Plastic Parts and
Products).
468 (Surface Coating of Plastic Parts and
Products).
...............................
Yes .......................
Yes .......................
Yes .......................
...............................
Approval.
Approval.
Approval.
Approval.
Approval.
...............................
Approval.
...............................
Approval.
...............................
Approval.
.......................................................................
Yes .......................
Approval.
459 (Automotive, Truck, and Heavy Equipment Refinishing Operations).
.......................................................................
.......................................................................
...............................
Approval.
Yes .......................
Yes .......................
Approval.
Approval.
EPA–450/2–77–008
EPA–450/2–77–008
EPA–450/2–77–008
EPA–450/2–77–008
EPA–450/2–77–008
..................
..................
..................
..................
..................
EPA–450/2–77–022 ..................
EPA–450/2–77–025 ..................
EPA–450/2–77–026 ..................
EPA–450/2–77–032 ..................
EPA–450/2–77–033 ..................
EPA–450/2–77–034 ..................
EPA–450/2–77–035 ..................
EPA–450/2–77–036 ..................
EPA–450/2–77–037 ..................
EPA–450/2–78–015 ..................
EPA–450/2–78–029 ..................
EPA–450/2–78–030 ..................
EPA–450/2–78–032 ..................
EPA–450/2–78–033 ..................
EPA–450/2–78–036 ..................
EPA–450/2–78–047 ..................
EPA–450/2–78–051 ..................
EPA–450/3–82–009 ..................
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.
EPA–453/R–97–004, 59 FR
29216; 6/06/94.
EPA–453/R–06–001 .................
EPA–453/R–06–002 .................
EPA–453/R–06–003 .................
EPA–453/R–06–004 .................
EPA 453/R–07–003 ..................
EPA 453/R–07–004 ..................
EPA 453/R–07–005 ..................
EPA 453/R–08–003 ..................
EPA 453/R–08–003 ..................
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Negative
declaration
submitted
CTG document No.
EPA 453/R–08–003 ..................
EPA 453/R–08–003 ..................
EPA 453/R–08–003 ..................
EPA 453/R–08–004 ..................
EPA 453/R–08–005 ..................
VerDate Sep<11>2014
Surface Coating of Insulation of Magnet
Wire.
Surface Coating of Large Appliances ..........
Bulk Gasoline Plants ....................................
Storage of Petroleum Liquids in Fixed-Roof
Tanks.
Cutback Asphalt ...........................................
Surface Coating of Miscellaneous Metal
Parts and Products.
Manufacture of Synthesized Pharmaceutical
Products.
Manufacture of Pneumatic Rubber Tires .....
Factory Surface Coating of Flat Wood Paneling.
Graphic Arts-Rotogravure and Flexography
Leaks from Petroleum Refinery Equipment
Petroleum Liquid Storage in External Floating Roof Tanks.
Leaks from Gasoline Tank Trucks and
Vapor Collection Systems.
Large Petroleum Dry Cleaners ....................
Leaks from Synthetic Organic Chemical
Polymer and Resin Manufacturing Equipment.
Leaks from Natural Gas/Gasoline Processing Plants.
Manufacture of High-Density Polyethylene,
Polypropylene, and Polystyrene Resins.
Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry.
Reactor Processes and Distillation Operations in Synthetic Organic Chemical
Manufacturing Industry.
Wood Furniture Manufacturing Operations ..
ACT Surface Coating at Shipbuilding and
Ship Repair Facilities Shipbuilding and
Ship Repair Operations (Surface Coating).
Aerospace MACT and Aerospace (CTG &
MACT).
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 Parts Coatings: Table
2—Metal Parts and Products.
Miscellaneous Plastic Parts Coatings: Table
3—Plastic Parts and Products.
Miscellaneous Plastic Parts Coatings: Table
4—Automotive/Transportation and Business Machine Plastic Parts.
Miscellaneous Plastic Parts Coatings: Table
5—Pleasure Craft Surface Coating.
Miscellaneous Plastic Parts Coatings: Table
6—Motor Vehicle Materials.
Fiberglass Boat Manufacturing Materials .....
Miscellaneous Industrial Adhesives .............
17:28 Apr 04, 2023
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05APP1
Federal Register / Vol. 88, No. 65 / Wednesday, April 5, 2023 / Proposed Rules
20091
TABLE 3—LIST OF RACT ELEMENTS—2008 OZONE NAAQS—Continued
CTG document No.
RACT element
District rule implementing RACT
Negative
declaration
submitted
EPA 453/R–08–006 ..................
Automobile and Light-Duty Truck Assembly
Coatings.
Non-CTG Major Sources of NOX .................
.......................................................................
Yes .......................
Approval.
411 (NOX from Boilers, Process Heaters,
and Steam Generators), 412 (Stationary
Internal Combustion Engines), 413 (Stationary Gas Turbines), 419 (NOX from
Miscellaneous Combustion Units).
Source-specific Requirements .....................
...............................
Disapproval.9
...............................
Approval.
Non-CTG Major Sources of VOC ................
III. 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
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)
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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.
9 As described in greater detail in our Technical
Support Document (Docket Item B–01), the
proposed disapproval for the non-CTG major
sources of NOX element is based in the deficiencies
noted in Rules 411 and 413, as well as the lack of
SIP-approved RACT level controls for the
Mitsubishi Chemical and Carbon Fiber Composites
facility due to the deficiencies noted in the
submitted version of Rule 419.
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17:28 Apr 04, 2023
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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
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
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EPA
proposed
action
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 Population
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provision of the
Act and applicable federal regulations.
42 U.S.C. 740(k); 40 CFR 52.02(a). Thus,
in reviewing SIP submissions, the EPA’s
role is to review state choices, and
approve those choices if they meet the
minimum criteria of the Act.
Accordingly, this proposed action
partially approves and partially
disapproves state law as meeting federal
requirements and does not impose
additional requirements beyond those
imposed by state law.
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05APP1
20092
Federal Register / Vol. 88, No. 65 / Wednesday, April 5, 2023 / Proposed Rules
The District did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. The EPA did not perform an
EJ analysis and did not consider EJ in
this action. Consideration of EJ is not
required as part of this action, and 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 28, 2023.
Kerry Drake,
Acting Regional Administrator, Region IX.
[FR Doc. 2023–06829 Filed 4–4–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 141 and 142
[EPA–HQ–OW–2022–0260; FRL–8464–02–
OW]
RIN 2040–AG14
National Primary Drinking Water
Regulations: Consumer Confidence
Report Rule Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to revise the
Consumer Confidence Report (CCR)
Rule in accordance with America’s
Water Infrastructure Act (AWIA) of 2018
(AWIA, 2018) and to require reporting
of compliance monitoring data to EPA.
The proposed revisions to improve the
CCR would improve the readability,
clarity, and understandability of CCRs
as well as the accuracy of the
information presented, improve risk
communication in CCRs, incorporate
electronic delivery options, provide
supplemental information regarding
lead levels and control efforts, and
require systems who serve 10,000 or
more persons to provide CCRs to
customers biannually (twice per year).
The proposed requirements for states to
submit to EPA compliance monitoring
data for all National Primary Drinking
lotter on DSK11XQN23PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
17:28 Apr 04, 2023
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Water Regulations (NPDWRs) submitted
by systems to the State would enhance
EPA’s oversight capabilities.
DATES: Comments must be received on
or before May 22, 2023. Under the
Paperwork Reduction Act, comments on
the information collection provisions
are best assured of consideration if the
Office of Management and Budget
(OMB) receives a copy of your
comments on or before May 5, 2023.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OW–2022–0260, by one of the following
methods:
• Federal eRulemaking Portal:
https://www.regulations.gov/ (our
preferred method). Follow the online
instructions for submitting comments.
• Mail: U.S. Environmental
Protection Agency, EPA Docket Center,
Mail Code 28221T, 1200 Pennsylvania
Avenue NW, Washington, DC 20460.
• Hand Delivery or Courier: EPA
Docket Center, WJC West Building,
Room 3334, 1301 Constitution Avenue
NW, Washington, DC 20004. The Docket
Center’s hours of operations are 8:30
a.m.–4:30 p.m., Monday–Friday (except
Federal Holidays).
Instructions: All submissions received
must include the Docket ID No. EPA–
HQ–OW–2022–0260 for this
rulemaking. Comments received may be
posted without change to https://
www.regulations.gov/, including any
personal information provided.
Additional instructions on commenting
or visiting the docket, along with more
information about dockets generally, is
available at https://www.epa.gov/
dockets/.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Sarah Bradbury, Drinking Water
Capacity and Compliance Division,
Office of Ground Water and Drinking
Water, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; telephone
number (202) 564–3116; email address:
bradbury.sarah@epa.gov.
For general information contact: EPA
at OGWDWCCRrevisions@epa.gov or
visit the agency’s website at: https://
www.epa.gov/ccr/consumer-confidencereport-rule-revisions, for general
information about the Consumer
Confidence Report Rule Revisions.
SUPPLEMENTARY INFORMATION:
Preamble acronyms and
abbreviations. Throughout this
document the use of ‘‘we,’’ ‘‘us,’’ or
‘‘our’’ is intended to refer to EPA. We
use acronyms in this preamble. For
reference purposes, EPA defines the
following acronyms here:
ACS
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American Community Survey
Frm 00011
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ALE Action Level Exceedance
AWIA America’s Water Infrastructure Act
CCR Consumer Confidence Report
CCT Corrosion Control Treatment
CFR Code of Federal Regulations
CMD Compliance Monitoring Data
CWS Community Water System
EJ Environmental Justice
EPA Environmental Protection Agency
GAO Government Accountability Office
ICR Information Collection Request
LCRR Lead and Copper Rule Revisions
LEP Limited English Proficiency
LOE Level of Effort
LSL Lead Service Line
MCL Maximum Contaminant Level
NDWAC National Drinking Water Advisory
Council
NPDWR National Primary Drinking Water
Regulations
OMB Office of Management and Budget
PN Public Notification
ppb Parts per billion
ppm Parts per million
ppt Parts per trillion
PRA Paperwork Reduction Act
PWS Public Water System
PWSS Public Water System Supervision
RFA Regulatory Flexibility Act
RTCR Revised Total Coliform Rule
SBA Small Business Administration
SDWA Safe Drinking Water Act
SDWIS Safe Drinking Water Information
System
SISNOSE Significant Economic Impact on a
Substantial Number of Small Entities
UCMR Unregulated Contaminant
Monitoring Rule
UMRA Unfunded Mandates Reform Act
Organization of this document. The
information in this preamble is
organized as follows:
I. General Information
A. Does this action apply to me?
B. What is the Agency’s authority for
taking this action?
C. What action is the Agency taking?
D. Why is the Agency taking this action?
II. Background
A. Overview of Consumer Confidence
Report Rule
B. Overview of Compliance Monitoring
Data Requirements
C. Consultations
D. Other Stakeholder Engagement
E. Supplementary Stakeholder Engagement
III. Discussion of Proposed Rule
A. Purpose and Applicability
B. Compliance Date
C. Lead Notification and Corrosion Control
Requirements
D. Improving Readability, Clarity,
Understandability
E. Improving Accuracy and Risk
Communication
F. Report Delivery
G. Compliance Monitoring Data (CMD)
H. Special State Primacy Requirements and
Rationale
I. Housekeeping
IV. Request for Public Comment
A. General Matters Concerning Consumer
Confidence Reports
B. Timing of Consumer Confidence Reports
E:\FR\FM\05APP1.SGM
05APP1
]]>Agencies
[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Proposed Rules]
[Pages 20086-20092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06829]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2023-0036; FRL-10790-01-R9]
Air Plan Revisions; California; Sacramento Metropolitan Air
Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
partially approve and partially disapprove a revision to the Sacramento
Metropolitan Air Quality Management District (SMAQMD) portion of the
California State Implementation Plan (SIP) concerning the SMAQMD's
demonstration regarding reasonably available control technology (RACT)
requirements and negative declarations for the 2008 8-hour ozone
National Ambient Air Quality Standards (NAAQS or ``standards'') in the
portion of the Sacramento Metropolitan nonattainment area under the
jurisdiction of the SMAQMD. We are proposing action on a SIP revision
under the Clean Air Act (CAA or the Act). We are taking comments on
this proposal and plan to follow with a final action.
DATES: Comments must be received on or before May 5, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2023-0036 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
[[Page 20087]]
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: Eugene Chen, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4304 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 documents did the State submit?
B. Are there other versions of these documents?
C. What is the purpose of the submitted documents?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the submitted documents?
B. Do the documents meet the evaluation criteria?
C. What are the deficiencies?
D. Proposed Action and Public Comment
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What documents did the State submit?
Table 1 lists the documents addressed by this proposal with the
dates that they were adopted by the local air agency and submitted by
the California Air Resource Board (CARB).
Table 1--Submitted Documents
------------------------------------------------------------------------
Local agency Document Adopted Submitted
------------------------------------------------------------------------
SMAQMD................ Demonstration of 03/23/2017 05/05/2017
Reasonably Available
Control Technology
for the 2008 Ozone
National Ambient Air
Quality Standard
(NAAQS) (``2017 RACT
SIP'').
SMAQMD................ Negative Declaration 03/22/2018 06/11/2018
for Control Technique
Guidelines for
Miscellaneous Metal
and Plastic Parts
Coatings (Pleasure
Craft Coating Portion
Only) (``Pleasure
Craft Coating
Negative
Declaration'').
------------------------------------------------------------------------
The submittals for the 2017 RACT SIP and Pleasure Craft Coating
Negative Declaration were determined to meet the completeness criteria
in 40 CFR part 51, Appendix V, in letters dated October 31, 2017 and
August 23, 2018, respectively.
B. Are there other versions of these documents?
There are no previous versions of the RACT SIP or negative
declarations in the SMAQMD portion of the California SIP for the 2008
ozone NAAQS.
C. What is the purpose of the submitted documents?
Emissions of volatile organic compounds (VOCs) and oxides of
nitrogen (NOX) contribute to the production of ground-level
ozone, smog and particulate matter (PM), which harm human health and
the environment. Section 110(a) of the CAA requires states to submit
regulations that control VOC and NOX emissions. Sections
182(b)(2) and (f) require that SIPs for ozone nonattainment areas
classified as Moderate or above implement RACT for any source covered
by a Control Techniques Guidelines (CTG) document and for any major
source of VOCs or NOX. The SMAQMD is subject to this
requirement as it regulates the Sacramento County portion of the
Sacramento Metropolitan ozone nonattainment area that was designated
and classified as a Severe nonattainment area for the 2008 8-hour ozone
NAAQS.\1\ Therefore, the SMAQMD must, at a minimum, adopt RACT-level
controls for all sources covered by a CTG document and for all major
non-CTG sources of VOCs or NOX within the ozone
nonattainment area that it regulates. Any stationary source that emits
or has the potential to emit at least 25 tons per year (tpy) of VOCs or
NOX is a major stationary source in a Severe ozone
nonattainment area (CAA section 182(d), (f) and 302(j)).
---------------------------------------------------------------------------
\1\ 77 FR 30088 (May 21, 2012).
---------------------------------------------------------------------------
Section III.D of the preamble to the EPA's final rule to implement
the 2008 ozone NAAQS discusses RACT requirements.\2\ It states, in
part, that RACT SIPs must contain adopted RACT regulations,
certifications (where appropriate) that existing provisions are RACT,
and/or negative declarations that no sources in the nonattainment area
are covered by a specific CTG.\3\ It also provides that states must
submit appropriate supporting information for their RACT submissions as
described in the EPA's implementation rule for the 1997 ozone NAAQS.\4\
The SMAQMD's RACT SIP submittal and negative declarations provide
SMAQMD's analyses of its compliance with the CAA section 182 RACT
requirements for the 2008 8-hour ozone NAAQS.
---------------------------------------------------------------------------
\2\ 80 FR 12264 (March 6, 2015).
\3\ Id. at 12278.
\4\ Id.; 70 FR 71612, 71652 (November 29, 2005).
---------------------------------------------------------------------------
The EPA's technical support document (TSD) has more information
about SMAQMD's RACT SIP, negative declarations, and the EPA's
evaluations thereof.
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the submitted documents?
Generally, SIP rules must require RACT for each category of sources
covered by a CTG document as well as each major source of VOCs or
NOX in ozone nonattainment areas classified as Moderate or
above (see CAA section 182(b)(2), (f)). The SMAQMD regulates the
Sacramento County portion of the Sacramento Metropolitan ozone
nonattainment area classified as Severe for the 2008 ozone standard (40
CFR 81.305). Therefore, SMAQMD rules must implement RACT.
States should also submit for SIP approval negative declarations
for those CTGs for which they have no sources covered by the CTG,
regardless of whether such negative declarations were made in a SIP for
an earlier ozone standard.\5\ To do so, the submittal should provide
reasonable assurance that no sources that fall under the CTG currently
exist in the portion of the ozone nonattainment area that is regulated
by the SMAQMD.
---------------------------------------------------------------------------
\5\ 57 FR 13498, 13512 (April 16, 1992).
---------------------------------------------------------------------------
The District's analysis must demonstrate that each major source of
VOCs or NOX in the ozone nonattainment area is covered by a
RACT-level rule. In addition, for each CTG, the District must either
[[Page 20088]]
demonstrate that a RACT-level rule is in place or submit a negative
declaration. Guidance and policy documents that we use to evaluate CAA
section 182 RACT requirements include the following:
1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11,
1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
4. ``State Implementation Plans; Nitrogen Oxides Supplement to the
General Preamble; Clean Air Act Amendments of 1990 Implementation of
Title I; Proposed Rule,'' (the NOX Supplement), 57 FR 55620,
November 25, 1992.
5. Memorandum dated May 18, 2006, from William T. Harnett,
Director, Air Quality Policy Division, to Regional Air Division
Directors, Subject: ``RACT Qs & As--Reasonably Available Control
Technology (RACT): Questions and Answers.''
6. ``Final Rule to Implement the 8-hour Ozone National Ambient Air
Quality Standard--Phase 2,'' 70 FR 71612 (November 29, 2005).
7. ``Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements,'' 80 FR
12264 (March 6, 2015).
8. ``State Implementation Plans: Response to Petition for
Rulemaking; Restatement and Update of EPA's SSM (startup, shutdown,
malfunction) Policy Applicable to SIPs; Findings of Substantial
Inadequacy; and SIP Calls to Amend Provisions Applying to Excess
Emissions During Periods of Startup, Shutdown and Malfunction'' (80 FR
33839) June 12, 2015 (2015 SSM SIP Action).
9. ``Inclusion of Provisions Governing Periods of Startup,
Shutdown, and Malfunctions in State Implementation Plans,'' EPA,
October 9, 2020.
10. ``Withdrawal of the October 9, 2020, Memorandum Addressing
Startup, Shutdown, and Malfunctions in State Implementation Plans and
Implementation of the Prior Policy,'' EPA, September 30, 2021.
B. Do the documents meet the evaluation criteria?
SMAQMD's 2017 RACT SIP provides the District's demonstration that
the applicable SIP for the SMAQMD satisfies CAA section 182 RACT
requirements for the 2008 8-hour ozone NAAQS. The District based its
demonstration on its analysis of SIP-approved requirements that apply
to the following: (1) sources covered by a CTG, and (2) major non-CTG
stationary sources of VOC or NOX emissions.
With respect to CTG sources, SMAQMD identified several CTGs with
covered sources (i.e., sources covered by the CTG and operating within
the nonattainment area), and provided an evaluation of the District
rules it relies upon to meet RACT for these CTGs. We reviewed the
District's evaluation and agree that its rules implement RACT for the
applicable CTGs. Our TSD has additional information about our
evaluation of these rules.
When 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. Appendix A of the 2017 RACT SIP lists
SMAQMD's negative declarations for those instances where it has no
sources subject to the applicable CTGs for the 2008 8-hour ozone NAAQS.
These negative declarations are listed in Table 2 below. SMAQMD
concludes that it has no sources subject to these listed CTGs based on
a review of its permit files, emission inventory, business listings,
and consultation with District permitting and enforcement staff. We
reviewed SMAQMD's list of negative declarations and California
Emissions Inventory data to verify the District's conclusion that it
has no stationary sources subject to the CTGs for which it has adopted
a negative declaration. We agree with the District's negative
declarations in the 2017 RACT SIP and propose to approve them into the
SIP.
With respect to non-CTG major sources of NOX or VOC,
SMAQMD identified twelve major sources exceeding the major source
threshold for NOX or VOC, which is 25 tpy in Severe ozone
nonattainment areas. As described in more detail in our TSD, we
conclude that SMAQMD properly identified all major non-CTG sources of
NOX or VOC requiring RACT. SMAQMD also identified several
District rules, primarily NOX rules, that it relies upon to
implement RACT at these major sources. As discussed in more detail in
Section C below, we have noted certain deficiencies in several of the
identified District rules, and conclude that these District rules do
not fully satisfy the RACT requirement.
Table 2--SMAQMD Negative Declarations
----------------------------------------------------------------------------------------------------------------
CTG document No. CTG document title
----------------------------------------------------------------------------------------------------------------
EPA-450/2-77-008.................................... Control of Volatile Organic Emissions from Existing
Stationary Sources--Volume II: Surface Coating of Coils.
EPA-450/2-77-008.................................... Control of Volatile Organic Emissions from Existing
Stationary Sources--Volume II: Surface Coating of Paper.
EPA-450/2-77-008.................................... Control of Volatile Organic Emissions from Existing
Stationary Sources--Volume II: Surface Coating of
Fabrics.
EPA-450/2-77-008.................................... Control of Volatile Organic Emissions from Existing
Stationary Sources--Volume II: Surface Coating of
Automobiles and Light-Duty Trucks.
EPA-450/2-77-025.................................... Control of Refinery Vacuum Producing Systems, Wastewater
Separators, and Process Unit Turnarounds.
EPA-450/2-77-033.................................... Control of Volatile Organic Emissions from Existing
Stationary Sources--Volume IV: Surface Coating of
Insulation of Magnet Wire.
EPA-450/2-77-034.................................... Control of Volatile Organic Emissions from Existing
Stationary Sources--Volume V: Surface Coating of Large
Appliances.
EPA-450/2-78-030.................................... 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 (Rotogravure
only).
EPA-450/2-78-03..................................... Leaks from Petroleum Refinery Equipment.
EPA-450/3-82-009.................................... Large Petroleum Dry Cleaners.
EPA-450/3-83-007.................................... 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-453/R-94-032, 61 FR 44050; 8/27/96.............. ACT Surface Coating at Shipbuilding and Ship Repair
Facilities Shipbuilding and Ship Repair Operations
(Surface Coating).
[[Page 20089]]
EPA-453/R-97-004, 59 FR 29216; 6/06/94.............. Aerospace MACT and Aerospace (CTG & MACT).
EPA-453/R-06-004.................................... Flat Wood Paneling Coatings.
EPA 453/R-07-003.................................... Paper, Film, and Foil Coatings.
EPA 453/R-07-004.................................... Large Appliance Coatings.
EPA 453/R-08-003.................................... Miscellaneous Metal and Plastic Parts Coatings (Table 5--
Pleasure Craft Surface Coating).
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.
----------------------------------------------------------------------------------------------------------------
C. What are the deficiencies?
EPA's startup, shutdown and malfunction (SSM) policy, as defined in
the 2015 SSM SIP Action,\6\ notes that CAA Sec. 110(a)(2)(A) requires
SIPs to include enforceable emission limitations and other control
measures, means, or techniques as necessary to meet CAA requirements.
The term ``emission limitation'' is defined in CAA Sec. 302(k) as a
requirement that ``limits the quantity, rate, or concentration of
emissions of air pollution on a continuous basis [. . .].'' An emission
limitation or requirement that exempts a period of source operation,
such as startup, cannot be considered continuous and is not consistent
with CAA requirements (absent an alternative emission limitation that
applies during such periods). Since such rule limits cannot be
considered continuous limits given the presence of an exemption for
periods of startup and shutdown, they do not implement RACT during all
operating conditions, despite the level of stringency they may
establish outside of startup and shutdown periods. Moreover, section
110(a)(2) of the CAA requires SIP submissions to include enforceable
emission limitations and other control measures, means, or techniques
as may be necessary or appropriate to meet the applicable requirements
of the Act. If a rule provides for an emission limitation during
startup and shutdown, but that limitation is not enforceable, a state
may not rely on this limit to establish RACT during startup and
shutdown. Furthermore, if a rule establishes a limit during startup and
shutdown, but expressly forbids the use of data generated during these
times from use in establishing whether a violation occurred during
these times, this restriction is not consistent with the Credible
Evidence Rule.\7\
---------------------------------------------------------------------------
\6\ 80 FR 33839 (June 12, 2015).
\7\ 62 FR 8314, February 24, 1997; 40 CFR 51.212. The Credible
Evidence Rule provides that a SIP may not preclude the use of any
credible evidence or information relevant to whether a source would
have been in compliance with applicable requirements if the
appropriate performance or compliance test procedure had been
performed.
---------------------------------------------------------------------------
As discussed in more detail in our TSD, several of the District
rules relied upon to implement RACT for non-CTG major sources of
NOX contain provisions that are not consistent with EPA's
SSM Policy. Rule 413 (Stationary Gas Turbines) contains a provision
that explicitly exempts affected units from complying with rule
standards during periods of startup and shutdown and does not provide
for an alternative emissions limitation during such periods. Rule 411
(NOX from Boilers, Process Heaters, and Steam Generators)
and Rule 419 (NOX from Miscellaneous Combustion Units) both
contain monitoring provisions that preclude the use of specified data
for compliance determinations during periods of startup and shutdown.
The deficiencies in these three rules represent the basis for our
partial disapproval of SMAQMD's 2017 RACT SIP for non-CTG major sources
of NOX, and must be remedied prior to full approval of the
District's RACT SIP.
D. Proposed Action and Public Comment
For the reasons discussed above and explained in more detail in our
TSD, the EPA proposes to partially approve and partially disapprove the
SMAQMD 2017 RACT SIP. As authorized in section 110(k)(3) of the Act, we
are proposing to approve the SMAQMD 2017 RACT SIP for each of the CTGs
addressed either by District rule or by negative declaration, as well
as for non-CTG major sources of VOC. Also under section 110(k)(3), we
propose to disapprove the SMAQMD 2017 RACT SIP as it pertains to non-
CTG major sources of NOX, based upon our conclusion that
several of the District rules relied upon to implement RACT for this
element contain deficiencies related to startup and shutdown. Table 3
contains a listing of each RACT element, the District rule or negative
declaration relied upon to address RACT, as well as our proposed action
for that RACT element.
The EPA is committed to working with SMAQMD to resolve the
identified RACT deficiencies. However, should we finalize the proposed
partial disapproval of the non-CTG major source NOX element
of SMAQMD's 2017 RACT SIP, section 110(c) would require the EPA to
promulgate a federal implementation plan (FIP) within 24 months unless
we approve subsequent SIP revisions that correct the deficiencies
identified in our final action. In this instance, we note that the EPA
already has an existing obligation to promulgate a FIP for any RACT SIP
elements that we have not taken final action to approve. This FIP
obligation originates from our February 3, 2017 (82 FR 9158) finding
that SMAQMD failed to submit a RACT SIP for the 2008 8-hour ozone NAAQS
by the required submittal deadline. This finding of failure to submit
established a FIP obligation deadline of February 3, 2019. In addition,
final action on the proposed partial disapproval would trigger the
offset sanction in CAA section 179(b)(2) 18 months after the effective
date of a final disapproval, and the highway funding sanction in CAA
section 179(b)(1) six months after the offset sanction is imposed. A
sanction will not be imposed if the EPA determines that a subsequent
SIP submission corrects the deficiencies identified in our final action
before the applicable deadline.\8\
---------------------------------------------------------------------------
\8\ Our February 7, 2017 finding of failure to submit also
triggered offset sanctions and highway funding sanctions. These
sanctions clocks were extinguished by SMAQMD's submittal of its 2017
RACT SIP and our October 31, 2017 and August 23, 2018 letters
determining that the District's RACT SIP submittal was complete.
---------------------------------------------------------------------------
We will accept comments from the public on this proposed partial
approval and partial disapproval until May 5, 2023. If finalized, this
action would incorporate the approved portions of the 2017 RACT SIP and
negative declarations into the SIP.
[[Page 20090]]
Table 3--List of RACT Elements--2008 Ozone NAAQS
----------------------------------------------------------------------------------------------------------------
District rule
CTG document No. RACT element implementing Negative declaration EPA proposed
RACT submitted action
----------------------------------------------------------------------------------------------------------------
EPA-450/R-75-102.................. Design Criteria 448 (Gasoline .................... Approval.
for Stage I Transfer Into
Vapor Control-- Stationary
Gasoline Storage
Service Containers).
Stations.
EPA-450/2-77-008.................. Surface Coating 452 (Can .................... Approval.
of Cans. Coating).
EPA-450/2-77-008.................. Surface Coating ................ Yes................. Approval.
of Coils.
EPA-450/2-77-008.................. Surface Coating ................ Yes................. Approval.
of Paper.
EPA-450/2-77-008.................. Surface Coating ................ Yes................. Approval.
of Fabric.
EPA-450/2-77-008.................. Surface Coating ................ Yes................. Approval.
of Automobiles
and Light-Duty
Trucks.
EPA-450/2-77-022.................. Solvent Metal 454 (Degreasing .................... Approval.
Cleaning. Operations).
EPA-450/2-77-025.................. Refinery Vacuum ................ Yes................. Approval.
Producing
Systems,
Wastewater
Separators, and
Process Unit
Turnarounds.
EPA-450/2-77-026.................. Tank Truck 447 (Organic .................... Approval.
Gasoline Liquid Loading).
Loading
Terminals.
EPA-450/2-77-032.................. Surface Coating 451 (Surface .................... Approval.
of Metal Coating of
Furniture. Miscellaneous
Metal Parts and
Products).
EPA-450/2-77-033.................. Surface Coating ................ Yes................. Approval.
of Insulation
of Magnet Wire.
EPA-450/2-77-034.................. Surface Coating ................ Yes................. Approval.
of Large
Appliances.
EPA-450/2-77-035.................. Bulk Gasoline 447 (Organic .................... Approval.
Plants. Liquid Loading).
EPA-450/2-77-036.................. Storage of 446 (Storage of .................... Approval.
Petroleum Petroleum
Liquids in Products).
Fixed-Roof
Tanks.
EPA-450/2-77-037.................. Cutback Asphalt. 453 (Cutback and .................... Approval.
Emulsified
Asphalt Paving
Materials).
EPA-450/2-78-015.................. Surface Coating 451 (Surface .................... Approval.
of Coating of
Miscellaneous Miscellaneous
Metal Parts and Metal Parts and
Products. Products).
EPA-450/2-78-029.................. Manufacture of 464 (Organic .................... Approval.
Synthesized Chemical
Pharmaceutical Manufacturing
Products. Operations).
EPA-450/2-78-030.................. Manufacture of ................ Yes................. Approval.
Pneumatic
Rubber Tires.
EPA-450/2-78-032.................. Factory Surface ................ Yes................. Approval.
Coating of Flat
Wood Paneling.
EPA-450/2-78-033.................. Graphic Arts- 450 (Graphic Yes--Rotogravure Approval.
Rotogravure and Arts only.
Flexography. Operations)--Fl
exography only.
EPA-450/2-78-036.................. Leaks from ................ Yes................. Approval.
Petroleum
Refinery
Equipment.
EPA-450/2-78-047.................. Petroleum Liquid 446 (Storage of .................... Approval.
Storage in Petroleum
External Products).
Floating Roof
Tanks.
EPA-450/2-78-051.................. Leaks from 447 (Organic .................... Approval.
Gasoline Tank Liquid
Trucks and Loading), 448
Vapor (Gasoline
Collection Transfer Into
Systems. Stationary
Storage
Containers).
EPA-450/3-82-009.................. Large Petroleum ................ Yes................. Approval.
Dry Cleaners.
EPA-450/3-83-006.................. Leaks from 443 (Leaks from .................... Approval.
Synthetic Synthetic
Organic Organic
Chemical Chemical and
Polymer and Polymer
Resin Manufacturing).
Manufacturing
Equipment.
EPA-450/3-83-007.................. Leaks from ................ Yes................. Approval.
Natural Gas/
Gasoline
Processing
Plants.
EPA-450/3-83-008.................. Manufacture of ................ Yes................. Approval.
High-Density
Polyethylene,
Polypropylene,
and Polystyrene
Resins.
EPA-450/3-84-015.................. Air Oxidation ................ Yes................. Approval.
Processes in
Synthetic
Organic
Chemical
Manufacturing
Industry.
EPA-450/4-91-031.................. Reactor 464 (Organic .................... Approval.
Processes and Chemical
Distillation Manufacturing
Operations in Operations).
Synthetic
Organic
Chemical
Manufacturing
Industry.
EPA-453/R-96-007.................. Wood Furniture ................ Yes................. Approval.
Manufacturing
Operations.
EPA-453/R-94-032, 61 FR 44050; 8/ ACT Surface ................ Yes................. Approval.
27/96. Coating at
Shipbuilding
and Ship Repair
Facilities
Shipbuilding
and Ship Repair
Operations
(Surface
Coating).
EPA-453/R-97-004, 59 FR 29216; 6/ Aerospace MACT ................ Yes................. Approval.
06/94. and Aerospace
(CTG & MACT).
EPA-453/R-06-001.................. Industrial 466 (Solvent .................... Approval.
Cleaning Cleaning).
Solvents.
EPA-453/R-06-002.................. Offset 450 (Graphic .................... Approval.
Lithographic Arts
Printing and Operations).
Letterpress
Printing.
EPA-453/R-06-003.................. Flexible Package 450 (Graphic .................... Approval.
Printing. Arts
Operations).
EPA-453/R-06-004.................. Flat Wood ................ Yes................. Approval.
Paneling
Coatings.
EPA 453/R-07-003.................. Paper, Film, and ................ Yes................. Approval.
Foil Coatings.
EPA 453/R-07-004.................. Large Appliance ................ Yes................. Approval.
Coatings.
EPA 453/R-07-005.................. Metal Furniture 451 (Surface .................... Approval.
Coatings. Coating of
Miscellaneous
Metal Parts and
Products).
EPA 453/R-08-003.................. Miscellaneous 451 (Surface .................... Approval.
Metal Parts Coating of
Coatings: Table Miscellaneous
2--Metal Parts Metal Parts and
and Products. Products).
EPA 453/R-08-003.................. Miscellaneous 468 (Surface .................... Approval.
Plastic Parts Coating of
Coatings: Table Plastic Parts
3--Plastic and Products).
Parts and
Products.
EPA 453/R-08-003.................. Miscellaneous 468 (Surface .................... Approval.
Plastic Parts Coating of
Coatings: Table Plastic Parts
4--Automotive/ and Products).
Transportation
and Business
Machine Plastic
Parts.
EPA 453/R-08-003.................. Miscellaneous ................ Yes................. Approval.
Plastic Parts
Coatings: Table
5--Pleasure
Craft Surface
Coating.
EPA 453/R-08-003.................. Miscellaneous 459 (Automotive, .................... Approval.
Plastic Parts Truck, and
Coatings: Table Heavy Equipment
6--Motor Refinishing
Vehicle Operations).
Materials.
EPA 453/R-08-004.................. Fiberglass Boat ................ Yes................. Approval.
Manufacturing
Materials.
EPA 453/R-08-005.................. Miscellaneous ................ Yes................. Approval.
Industrial
Adhesives.
[[Page 20091]]
EPA 453/R-08-006.................. Automobile and ................ Yes................. Approval.
Light-Duty
Truck Assembly
Coatings.
Non-CTG Major 411 (NOX from .................... Disapproval.\9\
Sources of NOX. Boilers,
Process
Heaters, and
Steam
Generators),
412 (Stationary
Internal
Combustion
Engines), 413
(Stationary Gas
Turbines), 419
(NOX from
Miscellaneous
Combustion
Units).
Non-CTG Major Source-specific .................... Approval.
Sources of VOC. Requirements.
----------------------------------------------------------------------------------------------------------------
III. Statutory and Executive Order Reviews
---------------------------------------------------------------------------
\9\ As described in greater detail in our Technical Support
Document (Docket Item B-01), the proposed disapproval for the non-
CTG major sources of NOX element is based in the
deficiencies noted in Rules 411 and 413, as well as the lack of SIP-
approved RACT level controls for the Mitsubishi Chemical and Carbon
Fiber Composites facility due to the deficiencies noted in the
submitted version of Rule 419.
---------------------------------------------------------------------------
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 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 Population
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provision of the Act and applicable
federal regulations. 42 U.S.C. 740(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to review state choices,
and approve those choices if they meet the minimum criteria of the Act.
Accordingly, this proposed action partially approves and partially
disapproves state law as meeting federal requirements and does not
impose additional requirements beyond those imposed by state law.
[[Page 20092]]
The District did not evaluate environmental justice considerations
as part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. The EPA
did not perform an EJ analysis and did not consider EJ in this action.
Consideration of EJ is not required as part of this action, and 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 28, 2023.
Kerry Drake,
Acting Regional Administrator, Region IX.
[FR Doc. 2023-06829 Filed 4-4-23; 8:45 am]
BILLING CODE 6560-50-P
