Air Plan Revisions; California; Yolo-Solano Air Quality Management District, 21572-21576 [2023-07597]
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Federal Register / Vol. 88, No. 69 / Tuesday, April 11, 2023 / Proposed Rules
income and a proposed penalty under
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(f) Applicability date. The rules of this
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[FR Doc. 2023–07232 Filed 4–10–23; 8:45 am]
BILLING CODE 4830–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2018–0160; FRL–10867–
01–R9]
Air Plan Revisions; California; YoloSolano Air Quality Management
District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to partially
approve and partially disapprove, under
the Clean Air Act (CAA or ‘‘Act’’), a
revision to the California state
implementation plan (SIP). This
revision addresses reasonably available
control technology (RACT) requirements
for the 2008 8-hour ozone national
ambient air quality standards (NAAQS
or ‘‘standards’’) in the portion of the
Sacramento Metropolitan nonattainment
area that is subject to the jurisdiction of
the Yolo-Solano Air Quality
Management District (YSAQMD). We
are taking comments on this proposal
and plan to follow with a final action.
DATES: Comments must be received on
or before May 11, 2023.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2018–0160 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
SUMMARY:
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. If you need
assistance in a language other than
English or if you are a person with a
disability 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 chen.eugene@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. The State’s Submittal
A. What document did the State submit?
B. Are there other versions of this
document?
C. What is the purpose of the submitted
document?
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the
submitted document?
B. Does the document 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 document did the State submit?
Table 1 lists the document addressed
by this proposal with the dates that it
was adopted by the local air agency and
submitted by the California Air
Resources Board (CARB).
lotter on DSK11XQN23PROD with PROPOSALS1
TABLE 1—SUBMITTED DOCUMENT
Local agency
Document
YSAQMD ..........
Reasonably Available Control Technology (RACT) State Implementation Plan (SIP) Analysis for the 2008 Federal Ozone Standard (‘‘2017 RACT SIP’’).
The EPA determined that the negative
declarations portion of the 2017 RACT
SIP met the SIP submittal completeness
criteria in 40 CFR part 51, Appendix V
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Adopted
09/13/2017
Submitted
11/13/2017
on April 11, 2018.1 The EPA determined
that the remaining elements of the 2017
RACT SIP met the completeness criteria
on August 23, 2018.2
1 Letter dated April 11, 2018, from Elizabeth J.
Adams, Acting Director, Air Division, EPA Region
IX, to Richard Corey, Executive Officer, CARB.
2 Letter dated August 23, 2018, from Elizabeth J.
Adams, Acting Director, Air Division, EPA Region
IX, to Richard Corey, Executive Officer, CARB.
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B. Are there other versions of this
document?
There are no other versions of this
document, but we previously took final
action to approve the negative
declarations from the 2017 RACT SIP.3
The remaining elements of the 2017
RACT SIP are the subject of this action.
lotter on DSK11XQN23PROD with PROPOSALS1
C. What is the purpose of the submitted
document?
Emissions of volatile organic
compounds (VOCs) and oxides of
nitrogen (NOX) contribute to the
production of ground-level ozone, smog
and particulate matter (PM), which
harm human health and the
environment. Section 110(a) of the CAA
requires states to submit regulations that
control VOC and NOX emissions.
Sections 182(b)(2) and (f) require that
SIPs for ozone nonattainment areas
classified as Moderate or above
implement RACT for any source
covered by a Control Techniques
Guidelines (CTG) document and for any
major source of VOCs or NOX. The
YSAQMD is subject to this requirement
as it regulates the Yolo County and
Solano County portions of the
Sacramento Metropolitan ozone
nonattainment area that is classified as
a Severe nonattainment area for the
2008 8-hour ozone NAAQS.4 Therefore,
the YSAQMD 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 portion of 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.5
Section III.D of the preamble to the
EPA’s final rule to implement the 2008
ozone NAAQS discusses RACT
requirements.6 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.7 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.8 The 2017 RACT
3 83 FR 31017 (April 5, 2018). This action also
approved four additional negative declarations
submitted by the YSAQMD on February 22, 2018.
4 77 FR 30088 (May 21, 2012).
5 CAA sections 182(d) and (f) and 302(j).
6 80 FR 12264 (March 6, 2015).
7 Id. at 12278.
8 Id.; 70 FR 71612, 71652 (November 29, 2005).
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SIP submittal and negative declarations
provide the YSAQMD’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) for this action has more
information about the 2017 RACT SIP
and the EPA’s evaluations thereof.9 For
more information about the YSAQMD’s
negative declarations, please consult our
April 5, 2018 final action approving
these negative declarations.10
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the
submitted document?
Generally, SIP rules must require
RACT for all 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.11
The YSAQMD regulates the Yolo
County and Solano County portions of
the Sacramento Metropolitan ozone
nonattainment area, which is classified
as Severe for the 2008 ozone standard
(40 CFR 81.305). Therefore, YSAQMD
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 submittal for an
earlier ozone standard.12 To do so, the
submittal should provide reasonable
assurances that no sources that fall
under the CTG currently exist in the
regulated area.
Accordingly, 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
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. ‘‘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.
9 See
Docket Item B–01
FR 31017.
11 CAA section 182(b)(2), (f).
12 57 FR 13498, 13512 (April 16, 1992).
10 83
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21573
3. ‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and
Deviations,’’ EPA, May 25, 1988 (revised
January 11, 1990) (‘‘Bluebook’’).
4. ‘‘Guidance Document for Correcting
Common VOC & Other Rule
Deficiencies,’’ EPA Region 9, August 21,
2001 (‘‘Little Bluebook’’).
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. Does the document meet the
evaluation criteria?
The 2017 RACT SIP concludes that
the YSAQMD has satisfied CAA section
182 RACT requirements for the 2008 8hour ozone NAAQS, based on an
analysis of SIP-approved requirements
that apply to sources covered by a CTG,
and major non-CTG stationary sources
of VOC or NOX emissions.
With respect to CTG sources, the 2017
RACT SIP identifies several CTGs with
covered sources (i.e., sources covered by
the CTG and operating within the
nonattainment area), and provides an
evaluation of the rules that the District
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.
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Table 3 of the 2017 RACT SIP lists the
YSAQMD’s negative declarations where
there are no sources in the District
subject to the applicable CTGs for the
2008 8-hour ozone NAAQS. We
previously approved the District’s
negative declarations on April 5, 2018,13
and while they are not the subject of
this action, we have summarized these
negative declarations with the
remaining RACT elements for the 2008
ozone NAAQS in Table 2 below.
With respect to non-CTG major
sources of NOX or VOC, YSAQMD
identified nine facilities 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 YSAQMD properly identified all
major non-CTG sources of NOX or VOC
requiring RACT. YSAQMD also
identified several district rules,
including several NOX rules, that it
relies upon to implement RACT at these
major sources. As discussed in more
detail in Section II.C below, we have
noted deficiencies in two of the
identified district rules, and conclude
that these district rules do not fully
satisfy the RACT requirement.
C. What are the deficiencies?
YSAQMD has identified Rule 2.38
(Standards for Municipal Solid Waste
Landfills) as implementing RACT for
several municipal solid waste landfills
in the District that are non-CTG major
sources of VOC. Although Rule 2.38 is
in effect locally, it has not been
submitted for approval into the SIP.
Because Rule 2.38 is not federally
enforceable through the SIP, it cannot be
used to satisfy RACT requirements.14
This deficiency represents the basis for
our partial disapproval of the 2017
RACT SIP for the non-CTG major source
VOC RACT element. The District may
remedy this deficiency by submitting an
approvable rule that implements RACT
for municipal solid waste landfills that
are non-CTG major sources. See Section
6.1 of the TSD for more information.
Rule 2.43 (Biomass Boilers), which is
relied upon to implement RACT for the
non-CTG major source NOX element, is
inconsistent with the EPA’s SSM Policy
because it exempts affected units from
complying with rule standards during
periods of startup and shutdown and
does not provide any alternative
emissions limitation during such
periods. The EPA’s SSM policy, as
defined in the 2015 SSM SIP Action,15
explains that an emission limitation or
requirement that exempts periods of
source operation, such as startup,
cannot be considered ‘‘continuous’’ and
is therefore inconsistent with the
definition of ‘‘emission limitation’’ at
CAA section 302(k). Under this
definition, an emission limitation must
limit ‘‘the quantity, rate, or
concentration of emissions of air
pollution on a continuous basis’’ (absent
an alternative emission limitation that
applies during such periods). Since Rule
2.43 includes an exemption to emission
standards during periods of startup and
shutdown, it does not apply on a
continuous basis; thus, it does not
implement RACT during all operating
conditions, regardless of the level of
stringency that the Rule 2.43 standards
establish outside of exempt periods.
This deficiency represents the basis for
our partial disapproval of the 2017
RACT SIP for the non-CTG major source
NOX RACT element. The District may
remedy this deficiency by establishing a
continuous emission limit that applies
at all times, including during startup
and shutdown. See Section 6.2 of the
TSD for more information.
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 2017 RACT SIP.
As authorized in section 110(k)(3) of the
Act, we are proposing to approve the
2017 RACT SIP for each of the CTGs
addressed by a District rule. Also under
section 110(k)(3), we propose to
disapprove the 2017 RACT SIP as it
pertains to the non-CTG major source
NOX and VOC RACT elements, based
upon our conclusion that two of the
District rules relied upon to implement
RACT for these elements contain
deficiencies that preclude them from
implementing RACT. Table 2 lists each
RACT element, the District rule or
negative declaration relied upon to
address RACT, and our proposed action
for that RACT element.
The EPA is committed to working
with YSAQMD to resolve the identified
RACT deficiencies. However, should we
finalize the proposed partial
disapproval of the non-CTG major
source NOX and VOC RACT elements of
the 2017 RACT SIP, CAA 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
finding that YSAQMD failed to submit
a RACT SIP for the 2008 8-hour ozone
NAAQS by the required submittal
deadline.16 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.17
We will accept comments from the
public on this proposed partial approval
and partial disapproval until May 11,
2023. If finalized, this action would
incorporate the approved portions of the
2017 RACT SIP into the SIP.
lotter on DSK11XQN23PROD with PROPOSALS1
TABLE 2—LIST OF RACT ELEMENTS—2008 OZONE NAAQS
CTG Document No.
RACT element
District rule implementing RACT
Negative
declaration
submitted
EPA–450/R–75–102 .......
Design Criteria for Stage I Vapor Control—Gasoline Service Stations.
Surface Coating of Cans .......................................
Surface Coating of Coils .......................................
2.22 (Gasoline Dispensing Facilities) ....................
........................
Approval.
................................................................................
................................................................................
Yes .................
Yes .................
None.a
None.a
EPA–450/2–77–008 .......
EPA–450/2–77–008 .......
13 83
FR 31017.
CAA section 110(a)(2)(A) (requiring SIPs to
include enforceable emission limitations and other
control measures, means, or techniques as
necessary to meet CAA requirements).
14 See
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15 80
FR 33839 (June 12, 2015).
FR 9158.
17 Our February 7, 2017 finding of failure to
submit also triggered offset sanctions and highway
16 82
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EPA
proposed
action
funding sanctions. These sanctions clocks were
extinguished by the YSAQMD’s submittal of its
2017 RACT SIP and our April 11, 2018 and August
23, 2018 letters determining that the District’s
RACT SIP submittal was complete.
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21575
TABLE 2—LIST OF RACT ELEMENTS—2008 OZONE NAAQS—Continued
CTG Document No.
RACT element
District rule implementing RACT
Negative
declaration
submitted
EPA–450/2–77–008 .......
EPA–450/2–77–008 .......
EPA–450/2–77–008 .......
Surface Coating of Paper ......................................
Surface Coating of Fabric .....................................
Surface Coating of Automobiles and Light-Duty
Trucks.
Solvent Metal Cleaning .........................................
Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds.
Tank Truck Gasoline Loading Terminals ..............
Surface Coating of Metal Furniture .......................
Surface Coating 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)
................................................................................
................................................................................
................................................................................
Yes .................
Yes .................
Yes .................
None.a
None.a
None.a
2.31 (Solvent Cleaning and Degreasing) ..............
................................................................................
........................
Yes .................
Approval.
None.a
2.21 (Organic Liquid Storage and Transfer) .........
................................................................................
................................................................................
................................................................................
2.21 (Organic Liquid Storage and Transfer) .........
................................................................................
........................
Yes .................
Yes .................
Yes .................
........................
Yes .................
Approval.
None.a
None.a
None.a
Approval.
None.a
2.28 (Cutback and Emulsified Asphalts) ...............
2.25 (Metal Parts and Products Coating Operations).
................................................................................
........................
........................
Approval.
Approval.
Yes .................
None.a
................................................................................
................................................................................
................................................................................
................................................................................
2.21 (Organic Liquid Storage and Transfer) .........
Yes .................
Yes .................
Yes .................
Yes .................
........................
None.a
None.a
None.a
None.a
Approval.
2.21 (Organic Liquid Storage and Transfer) .........
........................
Approval.
................................................................................
................................................................................
Yes .................
Yes .................
None.a
None.a
................................................................................
Yes .................
None.a
................................................................................
Yes .................
None.a
................................................................................
Yes .................
None.a
................................................................................
Yes .................
None.a
................................................................................
................................................................................
Yes .................
Yes .................
None.a
None.a
................................................................................
Yes .................
None.a
2.31 (Solvent Cleaning and Degreasing) ..............
2.29 (Graphic Arts Printing Operations) ................
........................
........................
Approval.
Approval.
................................................................................
................................................................................
................................................................................
................................................................................
................................................................................
2.25 (Metal Parts and Products Coating Operations).
................................................................................
Yes .................
Yes .................
Yes .................
Yes .................
Yes .................
........................
None.a
None.a
None.a
None.a
None.a
Approval.
Yes .................
None.a
................................................................................
Yes .................
None.a
................................................................................
Yes .................
None.a
................................................................................
Yes .................
None.a
2.30 (Polyester Resin Operations) ........................
2.33 (Adhesive Operations) ...................................
................................................................................
........................
........................
Yes .................
Approval.
Approval.
None.a
2.27 (Large Boilers). 2.32 (Stationary Internal
Combustion Engines). 2.43 (Biomass Boilers).
2.38 (Standards for Municipal Solid Waste Landfills). 2.41 (Expandable Polystyrene Manufacturing Operations).
........................
Disapproval.b
........................
Disapproval.c
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 ........
EPA 453/R–08–003 ........
EPA 453/R–08–003 ........
EPA 453/R–08–003 ........
lotter on DSK11XQN23PROD with PROPOSALS1
EPA 453/R–08–004 ........
EPA 453/R–08–005 ........
EPA 453/R–08–006 ........
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 ......................
Automobile and Light-Duty Truck Assembly Coatings.
Non-CTG Major Sources of NOX ..........................
Non-CTG Major Sources of VOC ..........................
a Previously
EPA
proposed
action
approved on April 5, 2018 (83 FR 14754).
described in greater detail in the TSD, the proposed disapproval for the non-CTG major sources of NOX element is based in the deficiencies noted in Rule
2.43 (Biomass Boilers).
c As described in greater detail in our the TSD, the proposed disapproval for the non-CTG major sources of NO element is based on the deficiencies noted in Rule
X
2.38 (Standards for Municipal Solid Waste Landfills).
b As
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E:\FR\FM\11APP1.SGM
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Federal Register / Vol. 88, No. 69 / Tuesday, April 11, 2023 / Proposed Rules
III. Statutory and Executive Order
Reviews
Thus, Executive Order 13175 does not
apply to this action.
Additional information about these
statutes and Executive Orders can be
found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
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.
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.
lotter on DSK11XQN23PROD with PROPOSALS1
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.
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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. The 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.’’ The 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
PO 00000
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Fmt 4702
Sfmt 4702
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.
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
Executive Order 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: April 5, 2023.
Kerry Drake,
Acting Regional Administrator, Region IX.
[FR Doc. 2023–07597 Filed 4–10–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2023–0189; FRL–10876–
01–R1]
Air Plan Approval; Connecticut; New
Source Review Permit Program State
Plan Revision
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Connecticut State
SUMMARY:
E:\FR\FM\11APP1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Proposed Rules]
[Pages 21572-21576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07597]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2018-0160; FRL-10867-01-R9]
Air Plan Revisions; California; Yolo-Solano 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, under the Clean Air Act
(CAA or ``Act''), a revision to the California state implementation
plan (SIP). This revision addresses reasonably available control
technology (RACT) requirements for the 2008 8-hour ozone national
ambient air quality standards (NAAQS or ``standards'') in the portion
of the Sacramento Metropolitan nonattainment area that is subject to
the jurisdiction of the Yolo-Solano Air Quality Management District
(YSAQMD). We are taking comments on this proposal and plan to follow
with a final action.
DATES: Comments must be received on or before May 11, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2018-0160 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. If you need assistance in a
language other than English or if you are a person with a disability
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 document did the State submit?
B. Are there other versions of this document?
C. What is the purpose of the submitted document?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the submitted document?
B. Does the document 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 document did the State submit?
Table 1 lists the document addressed by this proposal with the
dates that it was adopted by the local air agency and submitted by the
California Air Resources Board (CARB).
Table 1--Submitted Document
----------------------------------------------------------------------------------------------------------------
Local agency Document Adopted Submitted
----------------------------------------------------------------------------------------------------------------
YSAQMD................................. Reasonably Available Control Technology 09/13/2017 11/13/2017
(RACT) State Implementation Plan (SIP)
Analysis for the 2008 Federal Ozone
Standard (``2017 RACT SIP'').
----------------------------------------------------------------------------------------------------------------
The EPA determined that the negative declarations portion of the
2017 RACT SIP met the SIP submittal completeness criteria in 40 CFR
part 51, Appendix V on April 11, 2018.\1\ The EPA determined that the
remaining elements of the 2017 RACT SIP met the completeness criteria
on August 23, 2018.\2\
---------------------------------------------------------------------------
\1\ Letter dated April 11, 2018, from Elizabeth J. Adams, Acting
Director, Air Division, EPA Region IX, to Richard Corey, Executive
Officer, CARB.
\2\ Letter dated August 23, 2018, from Elizabeth J. Adams,
Acting Director, Air Division, EPA Region IX, to Richard Corey,
Executive Officer, CARB.
---------------------------------------------------------------------------
[[Page 21573]]
B. Are there other versions of this document?
There are no other versions of this document, but we previously
took final action to approve the negative declarations from the 2017
RACT SIP.\3\ The remaining elements of the 2017 RACT SIP are the
subject of this action.
---------------------------------------------------------------------------
\3\ 83 FR 31017 (April 5, 2018). This action also approved four
additional negative declarations submitted by the YSAQMD on February
22, 2018.
---------------------------------------------------------------------------
C. What is the purpose of the submitted document?
Emissions of volatile organic compounds (VOCs) and oxides of
nitrogen (NOX) contribute to the production of ground-level
ozone, smog and particulate matter (PM), which harm human health and
the environment. Section 110(a) of the CAA requires states to submit
regulations that control VOC and NOX emissions. Sections
182(b)(2) and (f) require that SIPs for ozone nonattainment areas
classified as Moderate or above implement RACT for any source covered
by a Control Techniques Guidelines (CTG) document and for any major
source of VOCs or NOX. The YSAQMD is subject to this
requirement as it regulates the Yolo County and Solano County portions
of the Sacramento Metropolitan ozone nonattainment area that is
classified as a Severe nonattainment area for the 2008 8-hour ozone
NAAQS.\4\ Therefore, the YSAQMD 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 portion of 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.\5\
---------------------------------------------------------------------------
\4\ 77 FR 30088 (May 21, 2012).
\5\ CAA sections 182(d) and (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.\6\ 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.\7\ 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.\8\
The 2017 RACT SIP submittal and negative declarations provide the
YSAQMD's analyses of its compliance with the CAA section 182 RACT
requirements for the 2008 8-hour ozone NAAQS.
---------------------------------------------------------------------------
\6\ 80 FR 12264 (March 6, 2015).
\7\ Id. at 12278.
\8\ Id.; 70 FR 71612, 71652 (November 29, 2005).
---------------------------------------------------------------------------
The EPA's technical support document (TSD) for this action has more
information about the 2017 RACT SIP and the EPA's evaluations
thereof.\9\ For more information about the YSAQMD's negative
declarations, please consult our April 5, 2018 final action approving
these negative declarations.\10\
---------------------------------------------------------------------------
\9\ See Docket Item B-01
\10\ 83 FR 31017.
---------------------------------------------------------------------------
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the submitted document?
Generally, SIP rules must require RACT for all 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.\11\ The
YSAQMD regulates the Yolo County and Solano County portions of the
Sacramento Metropolitan ozone nonattainment area, which is classified
as Severe for the 2008 ozone standard (40 CFR 81.305). Therefore,
YSAQMD rules must implement RACT.
---------------------------------------------------------------------------
\11\ CAA section 182(b)(2), (f).
---------------------------------------------------------------------------
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
submittal for an earlier ozone standard.\12\ To do so, the submittal
should provide reasonable assurances that no sources that fall under
the CTG currently exist in the regulated area.
---------------------------------------------------------------------------
\12\ 57 FR 13498, 13512 (April 16, 1992).
---------------------------------------------------------------------------
Accordingly, 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 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. ``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.
3. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (revised January 11, 1990)
(``Bluebook'').
4. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (``Little Bluebook'').
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. Does the document meet the evaluation criteria?
The 2017 RACT SIP concludes that the YSAQMD has satisfied CAA
section 182 RACT requirements for the 2008 8-hour ozone NAAQS, based on
an analysis of SIP-approved requirements that apply to sources covered
by a CTG, and major non-CTG stationary sources of VOC or NOX
emissions.
With respect to CTG sources, the 2017 RACT SIP identifies several
CTGs with covered sources (i.e., sources covered by the CTG and
operating within the nonattainment area), and provides an evaluation of
the rules that the District 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.
[[Page 21574]]
Table 3 of the 2017 RACT SIP lists the YSAQMD's negative
declarations where there are no sources in the District subject to the
applicable CTGs for the 2008 8-hour ozone NAAQS. We previously approved
the District's negative declarations on April 5, 2018,\13\ and while
they are not the subject of this action, we have summarized these
negative declarations with the remaining RACT elements for the 2008
ozone NAAQS in Table 2 below.
---------------------------------------------------------------------------
\13\ 83 FR 31017.
---------------------------------------------------------------------------
With respect to non-CTG major sources of NOX or VOC,
YSAQMD identified nine facilities 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 YSAQMD properly identified all major non-CTG sources of
NOX or VOC requiring RACT. YSAQMD also identified several
district rules, including several NOX rules, that it relies
upon to implement RACT at these major sources. As discussed in more
detail in Section II.C below, we have noted deficiencies in two of the
identified district rules, and conclude that these district rules do
not fully satisfy the RACT requirement.
C. What are the deficiencies?
YSAQMD has identified Rule 2.38 (Standards for Municipal Solid
Waste Landfills) as implementing RACT for several municipal solid waste
landfills in the District that are non-CTG major sources of VOC.
Although Rule 2.38 is in effect locally, it has not been submitted for
approval into the SIP. Because Rule 2.38 is not federally enforceable
through the SIP, it cannot be used to satisfy RACT requirements.\14\
This deficiency represents the basis for our partial disapproval of the
2017 RACT SIP for the non-CTG major source VOC RACT element. The
District may remedy this deficiency by submitting an approvable rule
that implements RACT for municipal solid waste landfills that are non-
CTG major sources. See Section 6.1 of the TSD for more information.
---------------------------------------------------------------------------
\14\ See CAA section 110(a)(2)(A) (requiring SIPs to include
enforceable emission limitations and other control measures, means,
or techniques as necessary to meet CAA requirements).
---------------------------------------------------------------------------
Rule 2.43 (Biomass Boilers), which is relied upon to implement RACT
for the non-CTG major source NOX element, is inconsistent
with the EPA's SSM Policy because it exempts affected units from
complying with rule standards during periods of startup and shutdown
and does not provide any alternative emissions limitation during such
periods. The EPA's SSM policy, as defined in the 2015 SSM SIP
Action,\15\ explains that an emission limitation or requirement that
exempts periods of source operation, such as startup, cannot be
considered ``continuous'' and is therefore inconsistent with the
definition of ``emission limitation'' at CAA section 302(k). Under this
definition, an emission limitation must limit ``the quantity, rate, or
concentration of emissions of air pollution on a continuous basis''
(absent an alternative emission limitation that applies during such
periods). Since Rule 2.43 includes an exemption to emission standards
during periods of startup and shutdown, it does not apply on a
continuous basis; thus, it does not implement RACT during all operating
conditions, regardless of the level of stringency that the Rule 2.43
standards establish outside of exempt periods. This deficiency
represents the basis for our partial disapproval of the 2017 RACT SIP
for the non-CTG major source NOX RACT element. The District
may remedy this deficiency by establishing a continuous emission limit
that applies at all times, including during startup and shutdown. See
Section 6.2 of the TSD for more information.
---------------------------------------------------------------------------
\15\ 80 FR 33839 (June 12, 2015).
---------------------------------------------------------------------------
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
2017 RACT SIP. As authorized in section 110(k)(3) of the Act, we are
proposing to approve the 2017 RACT SIP for each of the CTGs addressed
by a District rule. Also under section 110(k)(3), we propose to
disapprove the 2017 RACT SIP as it pertains to the non-CTG major source
NOX and VOC RACT elements, based upon our conclusion that
two of the District rules relied upon to implement RACT for these
elements contain deficiencies that preclude them from implementing
RACT. Table 2 lists each RACT element, the District rule or negative
declaration relied upon to address RACT, and our proposed action for
that RACT element.
The EPA is committed to working with YSAQMD to resolve the
identified RACT deficiencies. However, should we finalize the proposed
partial disapproval of the non-CTG major source NOX and VOC
RACT elements of the 2017 RACT SIP, CAA 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 finding that
YSAQMD failed to submit a RACT SIP for the 2008 8-hour ozone NAAQS by
the required submittal deadline.\16\ This finding of failure to submit
established a FIP obligation deadline of February 3, 2019.
---------------------------------------------------------------------------
\16\ 82 FR 9158.
---------------------------------------------------------------------------
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.\17\
---------------------------------------------------------------------------
\17\ Our February 7, 2017 finding of failure to submit also
triggered offset sanctions and highway funding sanctions. These
sanctions clocks were extinguished by the YSAQMD's submittal of its
2017 RACT SIP and our April 11, 2018 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 11, 2023. If finalized, this
action would incorporate the approved portions of the 2017 RACT SIP
into the SIP.
Table 2--List of RACT Elements--2008 Ozone NAAQS
----------------------------------------------------------------------------------------------------------------
Negative
CTG Document No. RACT element District rule declaration EPA proposed
implementing RACT submitted action
----------------------------------------------------------------------------------------------------------------
EPA-450/R-75-102............ Design Criteria for 2.22 (Gasoline ................. Approval.
Stage I Vapor Dispensing
Control--Gasoline Facilities).
Service Stations.
EPA-450/2-77-008............ Surface Coating of ..................... Yes.............. None.\a\
Cans.
EPA-450/2-77-008............ Surface Coating of ..................... Yes.............. None.\a\
Coils.
[[Page 21575]]
EPA-450/2-77-008............ Surface Coating of ..................... Yes.............. None.\a\
Paper.
EPA-450/2-77-008............ Surface Coating of ..................... Yes.............. None.\a\
Fabric.
EPA-450/2-77-008............ Surface Coating of ..................... Yes.............. None.\a\
Automobiles and
Light-Duty Trucks.
EPA-450/2-77-022............ Solvent Metal 2.31 (Solvent ................. Approval.
Cleaning. Cleaning and
Degreasing).
EPA-450/2-77-025............ Refinery Vacuum ..................... Yes.............. None.\a\
Producing Systems,
Wastewater
Separators, and
Process Unit
Turnarounds.
EPA-450/2-77-026............ Tank Truck Gasoline 2.21 (Organic Liquid ................. Approval.
Loading Terminals. Storage and
Transfer).
EPA-450/2-77-032............ Surface Coating of ..................... Yes.............. None.\a\
Metal Furniture.
EPA-450/2-77-033............ Surface Coating of ..................... Yes.............. None.\a\
Insulation of Magnet
Wire.
EPA-450/2-77-034............ Surface Coating of ..................... Yes.............. None.\a\
Large Appliances.
EPA-450/2-77-035............ Bulk Gasoline Plants. 2.21 (Organic Liquid ................. Approval.
Storage and
Transfer).
EPA-450/2-77-036............ Storage of Petroleum ..................... Yes.............. None.\a\
Liquids in Fixed-
Roof Tanks.
EPA-450/2-77-037............ Cutback Asphalt...... 2.28 (Cutback and ................. Approval.
Emulsified Asphalts).
EPA-450/2-78-015............ Surface Coating of 2.25 (Metal Parts and ................. Approval.
Miscellaneous Metal Products Coating
Parts and Products. Operations).
EPA-450/2-78-029............ Manufacture of ..................... Yes.............. None.\a\
Synthesized
Pharmaceutical
Products.
EPA-450/2-78-030............ Manufacture of ..................... Yes.............. None.\a\
Pneumatic Rubber
Tires.
EPA-450/2-78-032............ Factory Surface ..................... Yes.............. None.\a\
Coating of Flat Wood
Paneling.
EPA-450/2-78-033............ Graphic Arts- ..................... Yes.............. None.\a\
Rotogravure and
Flexography.
EPA-450/2-78-036............ Leaks from Petroleum ..................... Yes.............. None.\a\
Refinery Equipment.
EPA-450/2-78-047............ Petroleum Liquid 2.21 (Organic Liquid ................. Approval.
Storage in External Storage and
Floating Roof Tanks. Transfer).
EPA-450/2-78-051............ Leaks from Gasoline 2.21 (Organic Liquid ................. Approval.
Tank Trucks and Storage and
Vapor Collection Transfer).
Systems.
EPA-450/3-82-009............ Large Petroleum Dry ..................... Yes.............. None.\a\
Cleaners.
EPA-450/3-83-006............ Leaks from Synthetic ..................... Yes.............. None.\a\
Organic Chemical
Polymer and Resin
Manufacturing
Equipment.
EPA-450/3-83-007............ Leaks from Natural ..................... Yes.............. None.\a\
Gas/Gasoline
Processing Plants.
EPA-450/3-83-008............ Manufacture of High- ..................... Yes.............. None.\a\
Density
Polyethylene,
Polypropylene, and
Polystyrene Resins.
EPA-450/3-84-015............ Air Oxidation ..................... Yes.............. None.\a\
Processes in
Synthetic Organic
Chemical
Manufacturing
Industry.
EPA-450/4-91-031............ Reactor Processes and ..................... Yes.............. None.\a\
Distillation
Operations in
Synthetic Organic
Chemical
Manufacturing
Industry.
EPA-453/R-96-007............ Wood Furniture ..................... Yes.............. None.\a\
Manufacturing
Operations.
EPA-453/R-94-032, 61 FR ACT Surface Coating ..................... Yes.............. None.\a\
44050; 8/27/96. at Shipbuilding and
Ship Repair
Facilities
Shipbuilding and
Ship Repair
Operations (Surface
Coating).
EPA-453/R-97-004, 59 FR Aerospace MACT and ..................... Yes.............. None.\a\
29216; 6/06/94. Aerospace (CTG &
MACT).
EPA-453/R-06-001............ Industrial Cleaning 2.31 (Solvent ................. Approval.
Solvents. Cleaning and
Degreasing).
EPA-453/R-06-002............ Offset Lithographic 2.29 (Graphic Arts ................. Approval.
Printing and Printing Operations).
Letterpress Printing.
EPA-453/R-06-003............ Flexible Package ..................... Yes.............. None.\a\
Printing.
EPA-453/R-06-004............ Flat Wood Paneling ..................... Yes.............. None.\a\
Coatings.
EPA 453/R-07-003............ Paper, Film, and Foil ..................... Yes.............. None.\a\
Coatings.
EPA 453/R-07-004............ Large Appliance ..................... Yes.............. None.\a\
Coatings.
EPA 453/R-07-005............ Metal Furniture ..................... Yes.............. None.\a\
Coatings.
EPA 453/R-08-003............ Miscellaneous Metal 2.25 (Metal Parts and ................. Approval.
Parts Coatings, Products Coating
Table 2--Metal Parts Operations).
and Products.
EPA 453/R-08-003............ Miscellaneous Plastic ..................... Yes.............. None.\a\
Parts Coatings,
Table 3--Plastic
Parts and Products.
EPA 453/R-08-003............ Miscellaneous Plastic ..................... Yes.............. None.\a\
Parts Coatings,
Table 4--Automotive/
Transportation and
Business Machine
Plastic Parts.
EPA 453/R-08-003............ Miscellaneous Plastic ..................... Yes.............. None.\a\
Parts Coatings,
Table 5--Pleasure
Craft Surface
Coating.
EPA 453/R-08-003............ Miscellaneous Plastic ..................... Yes.............. None.\a\
Parts Coatings,
Table 6--Motor
Vehicle Materials.
EPA 453/R-08-004............ Fiberglass Boat 2.30 (Polyester Resin ................. Approval.
Manufacturing Operations).
Materials.
EPA 453/R-08-005............ Miscellaneous 2.33 (Adhesive ................. Approval.
Industrial Adhesives. Operations).
EPA 453/R-08-006............ Automobile and Light- ..................... Yes.............. None.\a\
Duty Truck Assembly
Coatings.
Non-CTG Major Sources 2.27 (Large Boilers). ................. Disapproval.\b\
of NOX. 2.32 (Stationary
Internal Combustion
Engines). 2.43
(Biomass Boilers).
Non-CTG Major Sources 2.38 (Standards for ................. Disapproval.\c\
of VOC. Municipal Solid
Waste Landfills).
2.41 (Expandable
Polystyrene
Manufacturing
Operations).
----------------------------------------------------------------------------------------------------------------
\a\ Previously approved on April 5, 2018 (83 FR 14754).
\b\ As described in greater detail in the TSD, the proposed disapproval for the non-CTG major sources of NOX
element is based in the deficiencies noted in Rule 2.43 (Biomass Boilers).
\c\ As described in greater detail in our the TSD, the proposed disapproval for the non-CTG major sources of NOX
element is based on the deficiencies noted in Rule 2.38 (Standards for Municipal Solid Waste Landfills).
[[Page 21576]]
III. 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 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.
The 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.'' The 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.
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
Executive Order 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: April 5, 2023.
Kerry Drake,
Acting Regional Administrator, Region IX.
[FR Doc. 2023-07597 Filed 4-10-23; 8:45 am]
BILLING CODE 6560-50-P
