Air Plan Revisions; California; Sacramento Metropolitan Air Quality Management District, 42248-42252 [2023-13744]

Download as PDF 42248 Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Rules and Regulations PART 111—[AMENDED] ENVIRONMENTAL PROTECTION AGENCY 1. The authority citation for 39 CFR part 111 continues to read as follows: ■ 40 CFR Part 52 Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 401, 403, 404, 414, 416, 3001–3011, 3201– 3219, 3403–3406, 3621, 3622, 3626, 3632, 3633, and 5001. 2. Revise the Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM) as follows: ■ Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM) * * * * * 600 Basic Standards for All Mailing Services * * * * * 604 Postage Payment Methods and Refunds * * * * 9.0 Exchanges and Refunds * * * * * * 9.5 Priority Mail Express Postage and Fees Refunds * * * * * 9.5.5 Refunds Not Given Postage will not be refunded if the guaranteed service was not provided due to any of the following circumstances: * * * * * [Renumber items i and j as j and k, and add new item i to read as follows:] i. The postage refund requested is other than for loss, and the Priority Mail Express piece was destined to or originated from Alaska or Hawaii. * * * * * Sarah Sullivan, Attorney, Ethics & Legal Compliance. [FR Doc. 2023–13942 Filed 6–29–23; 8:45 am] BILLING CODE P [EPA–R09–OAR–2023–0036; FRL–10790– 02–R9] Air Plan Revisions; California; Sacramento Metropolitan Air Quality Management District Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action 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). The revision concerns 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 also correcting sections in the Code of Federal Regulations (CFR) to reflect the current status of certain provisions of the SMAQMD portions of the California SIP related to the 1997 8-hour ozone NAAQS. DATES: This rule is effective July 31, 2023. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R09–OAR–2023–0036. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. SUMMARY: Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https:// www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. If you need assistance in a language other than English or if you are a person with 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. Proposed Action II. Public Comments and EPA Responses III. EPA Action IV. Statutory and Executive Order Reviews I. Proposed Action On April 5, 2023 (88 FR 20086), the EPA proposed to partially approve and partially disapprove the California Air Resources Board’s (CARB) submittals of the SMAQMD’s 2017 RACT SIP for the 2008 Ozone National Ambient Air Quality Standards (NAAQS), as listed in Table 1 below. ddrumheller on DSK120RN23PROD with RULES1 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’’). We proposed to partially approve SMAQMD’s 2017 RACT SIP and negative declarations because we determined that, except for the RACT element for non-CTG major sources of NOX, they complied with the relevant CAA requirements. We proposed to partially disapprove SMAQMD’s 2017 RACT SIP because several of the District VerDate Sep<11>2014 16:27 Jun 29, 2023 Jkt 259001 Adopted rules relied upon to implement RACT for non-CTG major sources of NOX contain provisions that are not consistent with EPA’s Startup, Shutdown, and Malfunction (SSM) Policy. District Rule 413 (Stationary Gas Turbines) contains a provision that explicitly exempts affected units from complying with rule standards during PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 03/23/2017 Submitted 05/05/2017 periods of startup and shutdown and does not provide for an alternative emissions limitation during such periods. District 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 E:\FR\FM\30JNR1.SGM 30JNR1 Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Rules and Regulations compliance determinations during periods of startup and shutdown. As discussed in greater detail in our proposed action, the provisions in these three rules are inconsistent with EPA policy and Clean Air Act requirements, and represent the basis for our partial disapproval. II. Public Comments and EPA Responses The EPA’s proposed action provided a 30-day public comment period. During this period, we received no comments. III. EPA Action No comments were submitted on the proposed action, and there is no change to our assessment of the SIP submittals as described in our proposed action. Therefore, as authorized in section 42249 110(k)(3) of the Act, the EPA is partially disapproving SMAQMD’s 2017 RACT SIP with respect to the RACT element for the 2008 ozone NAAQS for non-CTG major sources of NOX, and partially approving the remainder of SMAQMD’s 2017 RACT SIP and negative declarations as meeting the RACT requirement for the 2008 ozone NAAQS for the remaining categories. Table 2 summarizes our final action on the RACT elements for the 2008 ozone NAAQS. TABLE 2—LIST OF RACT ELEMENTS—2008 OZONE NAAQS 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. 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 .................. ddrumheller on DSK120RN23PROD with RULES1 Negative declaration submitted CTG document No. 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 .................. 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 .................... 16:27 Jun 29, 2023 Jkt 259001 PO 00000 Frm 00023 EPA final action ....................................................................... 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) ..................... ....................................................................... ....................................................................... ............................... Yes ....................... Yes ....................... Approval. Approval. Approval. Fmt 4700 Sfmt 4700 E:\FR\FM\30JNR1.SGM 30JNR1 42250 Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Rules and Regulations TABLE 2—LIST OF RACT ELEMENTS—2008 OZONE NAAQS—Continued Negative declaration submitted CTG document No. RACT element District rule implementing RACT EPA 453/R–07–004 .................. EPA 453/R–07–005 .................. Large Appliance Coatings ............................ Metal Furniture Coatings .............................. Yes ....................... ............................... Approval. Approval. EPA 453/R–08–003 .................. 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. ....................................................................... 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). ............................... Approval. ............................... Approval. ............................... Approval. ....................................................................... Yes ....................... 459 (Automotive, Truck, and Heavy Equipment Refinishing Operations). ....................................................................... ....................................................................... ....................................................................... ............................... Approved November 19, 2020 (85 FR 73640).a Approval. Yes ....................... Yes ....................... Yes ....................... Approval. Approval. Approval. ............................... Disapproval.b ............................... Approval. EPA 453/R–08–003 .................. 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 .................. EPA 453/R–08–006 .................. 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 ................ 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 ..................... EPA final action a The ddrumheller on DSK120RN23PROD with RULES1 regulatory text for the Code of Federal Regulations (CFR) associated with our November 19, 2020 approval did not specify that the approval pertained to the 2008 8-hour ozone NAAQS. The state’s submittal, however, is clear that its negative declaration was for the 2008 8-hour ozone NAAQS and was adopted and submitted in part to stop sanctions clocks associated with our February 3, 2017 Finding of Failure to Submit a RACT demonstration for that NAAQS (82 FR 9158). In the CFR text for this final action, we are removing any ambiguity by clarifying that our 2020 approval addressed the 2008 8-hour ozone NAAQS. b As described in greater detail in our Technical Support Document (Docket Item B–01), our disapproval for the non-CTG major sources of NO element is based in X 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. We are also correcting an error in the CFR concerning previous disapprovals for SMAQMD’s 2006 RACT SIP for the 1997 8-hour ozone NAAQS that are codified in 40 CFR 52.237(b)(1)(i). SMAQMD has since addressed these disapprovals, but in our rulemakings approving SMAQMD’s submittals to address these disapprovals, we failed to remove the language in the CFR that codified the disapprovals, which could result in public confusion about the status of the California SIP. On December 4, 2017, the EPA published two final rules entitled ‘‘Approval of California Air Plan Revisions, Sacramento Metropolitan Air Quality Management District’’ (82 FR 57123 and 82 FR 57130) which approved revisions to the SMAQMD portion of the California SIP. The approved revisions fixed the deficiencies identified in our partial disapproval of SMAQMD’s 2006 RACT SIP for the 1997 8-hour ozone NAAQS (81 FR 53280, August 12, 2016) with respect to the requirement to establish RACT-level controls for sources covered by the pharmaceutical products manufacturing category, as well as source-specific VOC requirements for the Kiefer Landfill. However, the EPA’s final rules inadvertently failed to include amendatory instructions to remove these identified elements from VerDate Sep<11>2014 16:27 Jun 29, 2023 Jkt 259001 the regulatory text at 40 CFR 52.237(b)(1)(i), where they are listed as disapproved elements of SMAQMD’s 2006 RACT SIP. This action corrects the regulatory text to reflect the current status of SMAQMD’s RACT obligations for the 1997 8-hour ozone NAAQS. The EPA has determined that this action to correct the regulatory text related to these disapprovals falls under the ‘‘good cause’’ exemption in section 553(b)(3)(B) of the Administrative Procedure Act (APA) which, upon finding ‘‘good cause,’’ authorizes agencies to dispense with public participation where public notice and comment procedures are impracticable, unnecessary, or contrary to public interest. Public notice and comment for this action to correct regulatory text is unnecessary because the underlying rules were already subject to a 30-day comment period, the final actions on these rules state that the deficiencies were cured, and this action is merely updating the regulatory text accordingly. Further, this action is consistent with the purpose and rationale of the final rules. Because this action does not change the EPA’s analyses or overall actions, no purpose would be served by additional public notice and comment. Consequently, additional public notice and comment are unnecessary. PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 IV. Statutory and Executive Order Reviews 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 final action partially approves and partially disapproves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. 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 E:\FR\FM\30JNR1.SGM 30JNR1 Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Rules and Regulations 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. ddrumheller on DSK120RN23PROD with RULES1 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. VerDate Sep<11>2014 16:27 Jun 29, 2023 Jkt 259001 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.’’ 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. PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 42251 K. Congressional Review Act (CRA) This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). L. Petitions for Judicial Review Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 29, 2023. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: June 22, 2023. Martha Guzman Aceves, Regional Administrator, Region IX. For the reasons stated in the preamble, the Environmental Protection Agency amends part 52, chapter I, title 40 of the Code of Federal Regulations as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart F—California 2. Section 52.220 is amended by adding paragraph (c)(599) to read as follows: ■ § 52.220 Identification of plan-in part. * * * * * (c) * * * (599) The following plan was submitted on May 5, 2017, by the Governor’s designee as an attachment to a letter dated May 5, 2017. (i) [Reserved] (ii) Additional Materials. (A) Sacramento Metropolitan Air Quality Management District. E:\FR\FM\30JNR1.SGM 30JNR1 42252 Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Rules and Regulations (1) Reasonably Available Control Technology (RACT) State Implementation Plan (SIP) for the 2008 8-Hour Ozone National Ambient Air Quality Standards (NAAQS) (‘‘Demonstration of Reasonably Available Control Technology for the 2008 Ozone NAAQS’’), as adopted on March 23, 2017, except the RACT 3. Section 52.222 is amended by revising paragraph (a)(2)(v) to read as follows: ■ § 52.222 * * * * (a) * * * (2) * * * (v) The following negative declarations for the 2008 ozone NAAQS were adopted by the Sacramento Metropolitan Air Quality Management District. Title (A) EPA–450/2–77–008 ..... 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. Alternative Control Technology Document—Surface Coating Operations at Shipbuilding and Ship Repair Facilities. Shipbuilding and Ship Repair Operations (Surface Coating), see the Federal Register of 08/27/96. Control of Volatile Organic Compound Emissions from Coating Operations at Aerospace Manufacturing and Rework Operations. Aerospace MACT, see the Federal Register of 06/06/94. 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 ................................... (C) EPA–450/2–77–008 ..... (D) EPA–450/2–77–008 ..... (E) EPA–450/2–77–025 ..... (F) EPA–450/2–77–033 ...... (G) EPA–450/2–77–034 ..... (H) EPA–450/2–78–030 ..... (I) EPA–450/2–78–032 ....... (J) EPA–450/2–78–033 ...... (K) EPA–450/2–78–03 ....... (L) EPA–450/3–82–009 ...... (M) EPA–450/3–83–007 ..... (N) EPA–450/3–83–008 ..... (O) EPA–450/3–84–015 ..... (P) EPA–453/R–94–032 ..... (Q) EPA–453/R–97–004 .... (R) EPA–453/R–06–004 ..... (S) EPA 453/R–07–003 ...... (T) EPA 453/R–07–004 ...... (U) EPA 453/R–08–003 ..... (V) EPA 453/R–08–004 ...... (W) EPA 453/R–08–005 ..... (X) EPA 453/R–08–006 ...... * * * * * 4. Section 52.237 is amended by removing and reserving paragraph (b)(1)(i), and adding paragraph (b)(1)(iii) to read as follows: ■ § 52.237 Control Technology for the 2008 Ozone NAAQS’’, as adopted on March 23, 2017, and submitted on May 5, 2017. * * * * * [FR Doc. 2023–13744 Filed 6–29–23; 8:45 am] BILLING CODE 6560–50–P Part D disapproval. * * * * * (b) * * * (1) * * * (iii) RACT determination for non-CTG major sources of Nitrogen Oxides (NOX) for the 2008 ozone NAAQS, as contained in the submittal titled ‘‘Demonstration of Reasonably Available VerDate Sep<11>2014 16:27 Jun 29, 2023 Jkt 259001 PO 00000 Negative declarations. * CTG document No. (B) EPA–450/2–77–008 ..... ddrumheller on DSK120RN23PROD with RULES1 determination for non-CTG major sources of NOX. (2) [Reserved] * * * * * Adopted: 3/22/2018 Submitted: 6/11/2018 SIP approved: 11/19/2020 Adopted: 3/23/2017 Submitted: 5/5/2017 SIP approved: 6/30/2023 ............................ X ............................ X ............................ X ............................ X ............................ X ............................ X ............................ X ............................ ............................ ............................ ............................ ............................ ............................ ............................ X X X X X X X ............................ X ............................ X ............................ X ............................ ............................ ............................ X X X X ............................ ............................ ............................ ............................ X X X ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2018–0160; FRL–10867– 02–R9] Air Plan Revisions; California; YoloSolano Air Quality Management District Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\30JNR1.SGM 30JNR1

Agencies

[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Rules and Regulations]
[Pages 42248-42252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13744]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2023-0036; FRL-10790-02-R9]


Air Plan Revisions; California; Sacramento Metropolitan Air 
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action 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). The revision 
concerns 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 also 
correcting sections in the Code of Federal Regulations (CFR) to reflect 
the current status of certain provisions of the SMAQMD portions of the 
California SIP related to the 1997 8-hour ozone NAAQS.

DATES: This rule is effective July 31, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2023-0036. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available through https://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information. If you need assistance 
in a language other than English or if you are a person with 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. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On April 5, 2023 (88 FR 20086), the EPA proposed to partially 
approve and partially disapprove the California Air Resources Board's 
(CARB) submittals of the SMAQMD's 2017 RACT SIP for the 2008 Ozone 
National Ambient Air Quality Standards (NAAQS), as listed in Table 1 
below.

                      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'').
------------------------------------------------------------------------

    We proposed to partially approve SMAQMD's 2017 RACT SIP and 
negative declarations because we determined that, except for the RACT 
element for non-CTG major sources of NOX, they complied with 
the relevant CAA requirements. We proposed to partially disapprove 
SMAQMD's 2017 RACT SIP because 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 Startup, 
Shutdown, and Malfunction (SSM) Policy. District 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. District 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

[[Page 42249]]

compliance determinations during periods of startup and shutdown. As 
discussed in greater detail in our proposed action, the provisions in 
these three rules are inconsistent with EPA policy and Clean Air Act 
requirements, and represent the basis for our partial disapproval.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments.

III. EPA Action

    No comments were submitted on the proposed action, and there is no 
change to our assessment of the SIP submittals as described in our 
proposed action. Therefore, as authorized in section 110(k)(3) of the 
Act, the EPA is partially disapproving SMAQMD's 2017 RACT SIP with 
respect to the RACT element for the 2008 ozone NAAQS for non-CTG major 
sources of NOX, and partially approving the remainder of 
SMAQMD's 2017 RACT SIP and negative declarations as meeting the RACT 
requirement for the 2008 ozone NAAQS for the remaining categories. 
Table 2 summarizes our final action on the RACT elements for the 2008 
ozone NAAQS.

                                Table 2--List of RACT Elements--2008 Ozone NAAQS
----------------------------------------------------------------------------------------------------------------
                                                        District rule
         CTG document No.             RACT element      implementing    Negative declaration   EPA final action
                                                            RACT              submitted
----------------------------------------------------------------------------------------------------------------
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.

[[Page 42250]]

 
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.................  Approved November
                                     Plastic Parts                                             19, 2020 (85 FR
                                     Coatings; Table                                           73640).\a\
                                     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.
EPA 453/R-08-006..................  Automobile and    ................  Yes.................  Approval.
                                     Light-Duty
                                     Truck Assembly
                                     Coatings.
                                    Non-CTG Major     411 (NOX from     ....................  Disapproval.\b\
                                     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.
----------------------------------------------------------------------------------------------------------------
\a\ The regulatory text for the Code of Federal Regulations (CFR) associated with our November 19, 2020 approval
  did not specify that the approval pertained to the 2008 8-hour ozone NAAQS. The state's submittal, however, is
  clear that its negative declaration was for the 2008 8-hour ozone NAAQS and was adopted and submitted in part
  to stop sanctions clocks associated with our February 3, 2017 Finding of Failure to Submit a RACT
  demonstration for that NAAQS (82 FR 9158). In the CFR text for this final action, we are removing any
  ambiguity by clarifying that our 2020 approval addressed the 2008 8-hour ozone NAAQS.
\b\ As described in greater detail in our Technical Support Document (Docket Item B-01), our 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.

    We are also correcting an error in the CFR concerning previous 
disapprovals for SMAQMD's 2006 RACT SIP for the 1997 8-hour ozone NAAQS 
that are codified in 40 CFR 52.237(b)(1)(i). SMAQMD has since addressed 
these disapprovals, but in our rulemakings approving SMAQMD's 
submittals to address these disapprovals, we failed to remove the 
language in the CFR that codified the disapprovals, which could result 
in public confusion about the status of the California SIP.
    On December 4, 2017, the EPA published two final rules entitled 
``Approval of California Air Plan Revisions, Sacramento Metropolitan 
Air Quality Management District'' (82 FR 57123 and 82 FR 57130) which 
approved revisions to the SMAQMD portion of the California SIP. The 
approved revisions fixed the deficiencies identified in our partial 
disapproval of SMAQMD's 2006 RACT SIP for the 1997 8-hour ozone NAAQS 
(81 FR 53280, August 12, 2016) with respect to the requirement to 
establish RACT-level controls for sources covered by the pharmaceutical 
products manufacturing category, as well as source-specific VOC 
requirements for the Kiefer Landfill. However, the EPA's final rules 
inadvertently failed to include amendatory instructions to remove these 
identified elements from the regulatory text at 40 CFR 52.237(b)(1)(i), 
where they are listed as disapproved elements of SMAQMD's 2006 RACT 
SIP. This action corrects the regulatory text to reflect the current 
status of SMAQMD's RACT obligations for the 1997 8-hour ozone NAAQS.
    The EPA has determined that this action to correct the regulatory 
text related to these disapprovals falls under the ``good cause'' 
exemption in section 553(b)(3)(B) of the Administrative Procedure Act 
(APA) which, upon finding ``good cause,'' authorizes agencies to 
dispense with public participation where public notice and comment 
procedures are impracticable, unnecessary, or contrary to public 
interest. Public notice and comment for this action to correct 
regulatory text is unnecessary because the underlying rules were 
already subject to a 30-day comment period, the final actions on these 
rules state that the deficiencies were cured, and this action is merely 
updating the regulatory text accordingly. Further, this action is 
consistent with the purpose and rationale of the final rules. Because 
this action does not change the EPA's analyses or overall actions, no 
purpose would be served by additional public notice and comment. 
Consequently, additional public notice and comment are unnecessary.

IV. Statutory and Executive Order Reviews

    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 final action partially approves and partially 
disapproves state law as meeting federal requirements and does not 
impose additional requirements beyond those imposed by state law.
    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

[[Page 42251]]

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.''
    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.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

L. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 29, 2023. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: June 22, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends part 52, chapter I, title 40 of the Code of 
Federal Regulations as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(599) to read as 
follows:


Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (599) The following plan was submitted on May 5, 2017, by the 
Governor's designee as an attachment to a letter dated May 5, 2017.
    (i) [Reserved]
    (ii) Additional Materials.
    (A) Sacramento Metropolitan Air Quality Management District.

[[Page 42252]]

    (1) Reasonably Available Control Technology (RACT) State 
Implementation Plan (SIP) for the 2008 8-Hour Ozone National Ambient 
Air Quality Standards (NAAQS) (``Demonstration of Reasonably Available 
Control Technology for the 2008 Ozone NAAQS''), as adopted on March 23, 
2017, except the RACT determination for non-CTG major sources of 
NOX.
    (2) [Reserved]
* * * * *

0
3. Section 52.222 is amended by revising paragraph (a)(2)(v) to read as 
follows:


Sec.  52.222  Negative declarations.

* * * * *
    (a) * * *
    (2) * * *
    (v) The following negative declarations for the 2008 ozone NAAQS 
were adopted by the Sacramento Metropolitan Air Quality Management 
District.

----------------------------------------------------------------------------------------------------------------
                                                                              Adopted: 3/22/     Adopted: 3/23/
                                                                            2018 Submitted: 6/ 2017 Submitted: 5/
              CTG document No.                           Title                 11/2018 SIP         5/2017 SIP
                                                                             approved: 11/19/   approved: 6/30/
                                                                                   2020               2023
----------------------------------------------------------------------------------------------------------------
(A) EPA-450/2-77-008.......................  Control of Volatile Organic    .................                 X
                                              Emissions from Existing
                                              Stationary Sources--Volume
                                              II: Surface Coating of Coils.
(B) EPA-450/2-77-008.......................  Control of Volatile Organic    .................                 X
                                              Emissions from Existing
                                              Stationary Sources--Volume
                                              II: Surface Coating of Paper.
(C) EPA-450/2-77-008.......................  Control of Volatile Organic    .................                 X
                                              Emissions from Existing
                                              Stationary Sources--Volume
                                              II: Surface Coating of
                                              Fabrics.
(D) EPA-450/2-77-008.......................  Control of Volatile Organic    .................                 X
                                              Emissions from Existing
                                              Stationary Sources--Volume
                                              II: Surface Coating of
                                              Automobiles and Light-Duty
                                              Trucks.
(E) EPA-450/2-77-025.......................  Control of Refinery Vacuum     .................                 X
                                              Producing Systems,
                                              Wastewater Separators, and
                                              Process Unit Turnarounds.
(F) EPA-450/2-77-033.......................  Control of Volatile Organic    .................                 X
                                              Emissions from Existing
                                              Stationary Sources--Volume
                                              IV: Surface Coating of
                                              Insulation of Magnet Wire.
(G) EPA-450/2-77-034.......................  Control of Volatile Organic    .................                 X
                                              Emissions from Existing
                                              Stationary Sources--Volume
                                              V: Surface Coating of Large
                                              Appliances.
(H) EPA-450/2-78-030.......................  Manufacture of Pneumatic       .................                 X
                                              Rubber Tires.
(I) EPA-450/2-78-032.......................  Factory Surface Coating of     .................                 X
                                              Flat Wood Paneling.
(J) EPA-450/2-78-033.......................  Graphic Arts--Rotogravure and  .................                 X
                                              Flexography (Rotogravure
                                              only).
(K) EPA-450/2-78-03........................  Leaks from Petroleum Refinery  .................                 X
                                              Equipment.
(L) EPA-450/3-82-009.......................  Large Petroleum Dry Cleaners.  .................                 X
(M) EPA-450/3-83-007.......................  Leaks from Natural Gas/        .................                 X
                                              Gasoline Processing Plants.
(N) EPA-450/3-83-008.......................  Manufacture of High-Density    .................                 X
                                              Polyethylene, Polypropylene,
                                              and Polystyrene Resins.
(O) EPA-450/3-84-015.......................  Air Oxidation Processes in     .................                 X
                                              Synthetic Organic Chemical
                                              Manufacturing Industry.
(P) EPA-453/R-94-032.......................  Alternative Control            .................                 X
                                              Technology Document--Surface
                                              Coating Operations at
                                              Shipbuilding and Ship Repair
                                              Facilities.
                                             Shipbuilding and Ship Repair
                                              Operations (Surface
                                              Coating), see the Federal
                                              Register of 08/27/96..
(Q) EPA-453/R-97-004.......................  Control of Volatile Organic    .................                 X
                                              Compound Emissions from
                                              Coating Operations at
                                              Aerospace Manufacturing and
                                              Rework Operations.
                                             Aerospace MACT, see the
                                              Federal Register of 06/06/
                                              94..
(R) EPA-453/R-06-004.......................  Flat Wood Paneling Coatings..  .................                 X
(S) EPA 453/R-07-003.......................  Paper, Film, and Foil          .................                 X
                                              Coatings.
(T) EPA 453/R-07-004.......................  Large Appliance Coatings.....  .................                 X
(U) EPA 453/R-08-003.......................  Miscellaneous Metal and                       X   .................
                                              Plastic Parts Coatings
                                              (Table 5--Pleasure Craft
                                              Surface Coating).
(V) EPA 453/R-08-004.......................  Fiberglass Boat Manufacturing  .................                 X
                                              Materials.
(W) EPA 453/R-08-005.......................  Miscellaneous Industrial       .................                 X
                                              Adhesives.
(X) EPA 453/R-08-006.......................  Automobile and Light-Duty      .................                 X
                                              Truck Assembly Coatings.
----------------------------------------------------------------------------------------------------------------

* * * * *

0
4. Section 52.237 is amended by removing and reserving paragraph 
(b)(1)(i), and adding paragraph (b)(1)(iii) to read as follows:


Sec.  52.237  Part D disapproval.

* * * * *
    (b) * * *
    (1) * * *
    (iii) RACT determination for non-CTG major sources of Nitrogen 
Oxides (NOX) for the 2008 ozone NAAQS, as contained in the 
submittal titled ``Demonstration of Reasonably Available Control 
Technology for the 2008 Ozone NAAQS'', as adopted on March 23, 2017, 
and submitted on May 5, 2017.
* * * * *
[FR Doc. 2023-13744 Filed 6-29-23; 8:45 am]
BILLING CODE 6560-50-P
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