Air Plan Revisions; California; Yolo-Solano Air Quality Management District, 42252-42258 [2023-13754]
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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
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(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 ......
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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.
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[FR Doc. 2023–13744 Filed 6–29–23; 8:45 am]
BILLING CODE 6560–50–P
Part D disapproval.
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(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
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Negative declarations.
*
CTG document No.
(B) EPA–450/2–77–008 .....
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determination for non-CTG major
sources of NOX.
(2) [Reserved]
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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
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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:
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Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Rules and Regulations
The Environmental Protection
Agency (EPA) is taking final action to
partially approve and partially
disapprove a revision to the YoloSolano Air Quality Management District
(YSAQMD) portion of the California
State Implementation Plan (SIP). The
revision concerns the YSAQMD’s
demonstration regarding 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 under the
jurisdiction of the YSAQMD.
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–2018–0160. All
documents in the docket are listed on
the https://www.regulations.gov
SUMMARY:
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
42253
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 11, 2023 (88 FR 21572), the
EPA proposed to partially approve and
partially disapprove the California Air
Resources Board’s (CARB) submittal of
the YSAQMD’s RACT SIP for the 2008
Ozone National Ambient Air Quality
Standards (NAAQS), as listed in Table
1 below.
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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’’).
We proposed to partially approve
YSAQMD’s 2017 RACT SIP because we
determined that, except for the RACT
elements for non-control technique
guideline (CTG) major sources of
nitrogen oxides (NOX) and volatile
organic compounds (VOC), it complied
with the relevant Clean Air Act (CAA or
‘‘Act’’) requirements. We proposed to
partially disapprove YSAQMD’s 2017
RACT SIP because we identified two
deficiencies that would preclude us
from fully approving the submittal.
First, we found that District Rule 2.38,
‘‘Standards for Municipal Solid Waste
Landfills,’’ which is relied upon to
implement RACT for non-CTG major
sources of VOC, has not been submitted
for approval into the SIP, and therefore
cannot be used to satisfy RACT
requirements. Second, we found that
District Rule 2.43, ‘‘Biomass Boilers,’’
which the District relied upon to
implement RACT for non-CTG major
sources of NOX, 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. This provision is inconsistent
with the EPA’s Startup, Shutdown, and
Malfunction (SSM) Policy as defined in
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Adopted
the EPA’s 2015 SSM SIP Action.1 The
deficiencies are discussed in more detail
in our proposed action.
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period, which
concluded on May 11, 2023 (April 11,
2023 (88 FR 21572)). We received one
comment letter regarding our proposed
action, from the YSAQMD and dated
May 10, 2023. We have summarized
substantive adverse comments included
in this comment letter and provided our
responses below. In addition to the
substantive comments summarized
below, the District’s letter includes
information about recent progress it has
made to address deficiencies related to
SSM exemptions identified in Rule 2.43,
and comments regarding the EPA’s
communication to the District about the
identified deficiencies leading up to
publication of the proposed
rulemaking.2 The District’s letter is
included in the docket for this action.
1 ‘‘State Implementation Plans: Response to
Petition for Rulemaking; Restatement and Update of
EPA’s SSM 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).
2 The District’s revisions to Rule 2.43 were
submitted by CARB to the EPA on June 8, 2023 via
the State Plan electronic Collection System (SPeCS).
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09/13/2017
Submitted
11/13/2017
Comment 1: The YSAQMD asserts
that the District’s 2017 RACT SIP
identified the Recology Hay Road
Landfill and the Yolo County Central
Landfill as major sources of VOC in
error. The District states that the VOC
potential to emit (PTE) of each landfill
is below the 25 tons per year (tpy) major
source threshold for Severe
nonattainment areas, and therefore not
subject to VOC RACT requirements for
major sources.
Response 1: On May 17, 2023, the
EPA emailed the District with a request
for further clarification and
documentation demonstrating that the
VOC PTE of each landfill was below
major source thresholds.3 On May 19,
2023, the District replied with
permitting information for each facility
and indicated that, when excluding
fugitive landfill emissions in accordance
with EPA guidance, the VOC PTE of the
Recology Hay Road Landfill and Yolo
County Central Landfill is 13.04 tpy and
24.7 tpy respectively, which are below
major source thresholds.4 Based on this
additional documentation, and for the
reasons discussed below, we agree with
the District that the Recology Hay Road
3 Email dated May 17, 2023, from Eugene Chen
(EPA) to Paul Hensleigh (YSAQMD), Subject:
‘‘RACT SIP Comment Letter follow up.’’
4 Email dated May 19, 2023, from Paul Hensleigh
(YSAQMD) to Eugene Chen (EPA), Subject: ‘‘Re:
RACT SIP Comment Letter follow up.’’
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Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Rules and Regulations
Landfill and Yolo County Central
Landfill are not major sources of VOC,
and are therefore not required to
implement RACT for VOC.
The EPA defines fugitive emissions as
‘‘those emissions which could not
reasonably pass through a stack,
chimney, vent, or other functionallyequivalent opening.’’ 5 A source’s
fugitive emissions must be included
when determining whether it qualifies
as a major source if the source falls
within one of 27 listed source
categories.6 Municipal solid waste
landfills are not included in this list of
source categories, and as a result are not
required to include fugitive emissions
toward major source applicability.
Under additional EPA guidance related
to landfills, if a landfill gas collection
system is in operation, or if a landfill
gas collection system could reasonably
be designed to collect a landfill’s gas
emissions, then those collected
emissions are not fugitive and shall be
considered in determining facility PTE.7
Both Recology Hay Road and Yolo
County Central Landfill operate with
active gas collection systems, and
therefore only the portion of landfill gas
that is not collected can be considered
fugitive and excluded from
consideration in determining VOC PTE.
The current title V operating permit
(Permit No. F–01059–18, issued
November 10, 2022) and statement of
basis for the Recology Hay Road Landfill
lists the following emission units and
corresponding VOC PTE: 8
TABLE 1—RECOLOGY HAY ROAD LANDFILL VOC PTE
VOC PTE
(tpy)
Unit ID
Equipment description
P–13–16 ...........
P–14–16(a) .......
P–28–98(a) .......
124-horsepower (hp) Caterpillar IC engine (Certified Tier IV engine) .................................................................
124-hp Caterpillar IC engine (Certified Tier IV engine) .......................................................................................
One (1) 500-gallon aboveground gasoline storage tank, one gasoline dispenser (1 nozzle), and one gasoline
pressure/vacuum vent valve.
Various equipment including two (2) portable crushers, two (2) portable screens, and two (2) stackers, powered by Off-road engines that also provide propulsion.
Petroleum contaminated soil handling for daily and intermediate cover material ...............................................
7-acre lined containment pond and drying areas .................................................................................................
Municipal Solid Waste landfill not to exceed a total maximum design capacity of 35.6 million cubic yards
(17.0 million megagrams).
174-hp Caterpillar Engine (Certified Tier IV engine) ............................................................................................
P–51–17 ...........
P–64–00 ...........
P–81–10 ...........
P–85–06(a8) .....
P–59–21 ...........
0.01
0.01
0.04
0.01
13.00
0.01
24.62
0.01
Total ...............................................................................................................................................................
37.66
Total (excluding Unit ID P–85–06(a8)) ..........................................................................................................
13.04
The YSAQMD asserts that the
municipal solid waste landfill’s 24.62
tpy VOC PTE (Unit ID P–85–06(a8))
consists of landfill fugitive emissions.
Excluding these emissions from
consideration towards major source
applicability would result in a facilitywide VOC PTE of 13.04 tpy. Based upon
a review of permitting information, we
note that while Unit ID P–86–06(a8)
includes fugitive VOC emissions from
the landfill, it also includes VOC
emissions from the flaring of landfill gas
captured by the collection system.9 We
do not consider it appropriate for VOC
emissions from flaring activities to be
considered fugitive since they represent
the destruction of collected landfill gas.
The title V permit and statement of basis
do not identify the portion of VOC PTE
attributable only to flaring activities, but
based on the physical design and
enforceable emission limits applicable
to flaring activities, we estimate the
VOC PTE to be 3.67 tpy.10 Including this
3.67 tpy VOC PTE results in a facility
wide VOC PTE of 16.71 tpy, which is
below the Severe nonattainment area
major source threshold of 25 tpy. As a
result, we agree that the Recology Hay
Road Landfill is not a major source of
VOC, and is not required to implement
RACT for VOC.
The current title V operating permit
(Permit No. F–01392–8, issued March
13, 2018) and statement of basis for the
Yolo County Central Landfill lists the
following emission units and
corresponding VOC PTE: 11
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TABLE 2—YOLO COUNTY CENTRAL LANDFILL VOC PTE
Unit ID
Equipment description
VOC PTE
(tpy)
P–15–05(a) .......
P–25–07 ...........
P–31–10 ...........
P–71–06(t) ........
P–49–14 ...........
P–90–18 ...........
P–26–98(t2) ......
P–78–98(t) ........
P–79–98(t) ........
Landfill not to exceed max design capacity of 49 million cubic yards .................................................................
317-hp emergency engine (Certified Tier III engine) ...........................................................................................
Various equipment for dewatering and aeration of non hazardous liquid waste with odor potential (NHLWOP)
157-hp emergency engine (Certified Tier II engine) ............................................................................................
Receiving Storage and use of NHLWOP .............................................................................................................
In Vessel Digester Operation ...............................................................................................................................
Negative pressure landfill gas collection system, landfill gas flare ......................................................................
Engine 1A, 805-hp landfill gas IC engine ............................................................................................................
Engine 2, 805-hp landfill gas IC engine ...............................................................................................................
51.03
0.01
........................
0.01
........................
0.93
2.73
4.11
4.11
5 40 CFR 70.1; 70.2 (title V definitions). This
definition also applies under the NSR program. See
40 CFR 51.165(a)(1)(ix).
6 40 CFR 70.2; 40 CFR 51.165(a)(1)(iv)(C).
7 Memorandum dated October 21, 1994, from
John S. Seitz, Director, Office of Air Quality
Planning and Standards, U.S. EPA, to EPA Regional
Air Directors, Regions I–X, Subject: ‘‘Classification
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of Emissions from Landfills for NSR Applicability
Purposes.’’
8 See Permit No. F–01059–18, Recology Hay Road
Landfill title V permit, Permit No. F–01059–18,
Statement of Basis, and Permit to Operate, Unit ID
P–86–06(a8).
9 Id.
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10 Based upon a flare VOC permit limit of 14.1
ppm (@3% O2) and maximum flare heat rate of 45.6
MMBtu/hr.
11 See Permit F–01392–8, Yolo County Central
Landfill title V permit, Permit No. F–01392–8,
Statement of Basis, and Emission Evaluation C–07–
164.
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TABLE 2—YOLO COUNTY CENTRAL LANDFILL VOC PTE—Continued
Unit ID
Equipment description
VOC PTE
(tpy)
P–80–98(t) ........
P–81–98(t) ........
P–87–98(t) ........
P–28–17 ...........
P–29–17 ...........
P–30–17 ...........
Engine 3, 805-hp landfill gas IC engine ...............................................................................................................
Engine 4A, 805-hp landfill gas IC engine ............................................................................................................
Engine 5A, 805-hp landfill gas IC engine ............................................................................................................
Concrete crushing plant .......................................................................................................................................
Screening of waste and wood debris ...................................................................................................................
Grinding and shredding of waste and wood debris .............................................................................................
4.25
4.22
4.22
........................
........................
0.09
Total ...............................................................................................................................................................
75.7
Total (excluding Unit P–15–05(a)) ................................................................................................................
24.7
The District asserts that the municipal
solid waste landfill’s 51.03 tpy VOC
PTE (Unit ID P–15–05(a)) consists of
landfill fugitive emissions. Excluding
these emissions from consideration
towards major source applicability
would result in a facility-wide VOC PTE
of 24.7 tpy. Based upon a review of
permitting information, we agree that
the 51.03 VOC PTE attributable to P–15–
05(a) are fugitive landfill emissions, and
note that the gas collection system and
landfill flare are accounted for
separately as Unit ID P–26–98(t2). With
regard to the other permitted emission
units, and in particular the landfill gas
engines that comprise the majority of
the non-fugitive VOC PTE, we note that
the facility’s title V permit establishes
several emission and operating limits on
a per-engine basis, including annual
VOC tpy limits, VOC concentration
limits expressed in parts per million
(ppm), and landfill gas fuel usage
limitations expressed in million
standard cubic feet per year (MMCF/yr).
The title V permit also contains
requirements for annual source testing,
recordkeeping of fuel usage and
operating hours, and reporting
requirements to ensure the practical
enforceability of emission and operating
limits. In addition, the title V permit
establishes a landfill flare VOC emission
limit and landfill gas fuel usage limit for
Unit ID P–26–98(t2), and also requires
an annual source test, recordkeeping of
landfill gas fuel usage, and for the flare
to be operated within the parameter
ranges established during the most
recent source test. We consider these
monitoring, reporting, and
recordkeeping requirements to ensure
the practical enforceability of emission
limits for the landfill flare. Based upon
this information, we agree with the
District that the VOC PTE of the Yolo
County Central Landfill is 24.7 tpy,
which is below the Severe
nonattainment area major source
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threshold of 25 tpy.12 As a result, we
agree that the Yolo County Central
Landfill is not a major source of VOC,
and is not required to implement RACT
for VOC. For this reason, as described
below, we are issuing a final approval
of the RACT element for non-CTG major
sources of VOC.
Comment 2: The YSAQMD asserts
that even if the landfills subject to its
regulatory authority were major sources
of VOC, they are subject to federally
enforceable requirements that
implement RACT through a
combination of California’s statewide
landfill methane regulation (LMR) and
an EPA Federal implementation plan
(FIP). The District notes that the 2017
RACT SIP identifies landfill
requirements as federally enforceable
through California’s CAA section 111(d)
State Plan approved by the EPA on
September 23, 1999. The District asserts
that California later adopted and
submitted its statewide LMR for SIP
approval and that the EPA proposed to
partially approve the LMR in 2020, and
in May 2021 proposed a FIP in 40 CFR
part 62 subpart OOO to cover identified
deficiencies in the LMR.
Response 2: As discussed in our
response to the previous comment, we
agree with the District that the Recology
Hay Road Landfill and Yolo County
Central Landfill are not major sources of
12 The 24.7 tpy VOC PTE relies on conservative
assumptions regarding landfill gas usage and
accordingly represents an overestimate of the
facility’s potential VOC emissions. For example, the
aggregated landfill gas usage limits for the flare and
engines (1,154 MMCF/yr) is greater than the total
amount of landfill gas that is permitted to be
collected from the landfill (997.1 MMCF/yr), per
title V Permit No. F–01392–8, Conditions B.69
through B.80. Since the sum of destroyed landfill
gas cannot exceed the total amount of collected
landfill gas, the facility VOC PTE reflects a certain
amount of double-counting. The amount of doublecounting would be difficult to quantify precisely
given the variety of landfill gas destruction
scenarios, but as an example, if the entirety of the
collected landfill gas were destroyed by the engines
and not by the landfill flare, then the landfill flare
VOC PTE of 2.73 tpy would represent an additional
margin between facility PTE and the major source
threshold.
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VOC, and are therefore not required to
implement RACT for VOC. As a result,
we do not consider it necessary to
address issues regarding
implementation of RACT at these
sources. However, we wish to clarify
that the EPA’s approval of a
performance standards plan under CAA
section 111(d) is different from approval
of a SIP submittal under CAA section
110. Thus, while we have issued both a
final partial approval/partial
disapproval of the California LMR 13 and
a final rule promulgating a partial
Federal plan for municipal solid waste
landfills under CAA section 111(d),14
we have not approved these landfill
rules as a SIP revision under CAA
section 110(k) or issued a FIP under
CAA section 110(c), and we are unaware
of any pending state submittal of the
LMR or District landfill VOC RACT
rules for SIP approval. The EPA’s SIP
approval of RACT-level control rules for
landfills regulated by the District would
ensure that any future major source
landfills in the area meet RACT
requirements. We invite the District or
CARB to discuss this option further
with the EPA.
III. EPA Action
As discussed in Section II of this
preamble above, we received a public
comment from the YSAQMD providing
additional information relevant to our
proposed disapproval of the RACT
element for non-CTG major sources of
VOC. The basis for our proposed
disapproval was the lack of enforceable
SIP requirements implementing VOC
RACT for two municipal solid waste
landfills that the 2017 RACT SIP
identified as non-CTG major sources of
VOC. Based upon the District’s
comment letter and additional
information, we no longer consider
these two municipal solid waste
landfills to be major VOC sources, and
therefore find that these sources are not
13 85
14 86
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FR 1121 (January 8, 2020).
FR 27756 (May 21, 2021).
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required to implement VOC RACT. As
a result, the only District rule relied
upon to implement RACT for non-CTG
major sources of VOC is Rule 2.41,
‘‘Expandable Polystyrene Manufacturing
Operations,’’ which implements limits
VOC emissions from manufacture of
expandable polystyrene products. As
discussed in our April 11, 2023 (88 FR
21572) proposed action, Rule 2.41
implements RACT. We are therefore
issuing a final approval of the RACT
element for non-CTG major sources of
VOC. This represents the only change
from our proposed action, as
summarized in Table 3 of this preamble
below.
TABLE 3—LIST OF RACT ELEMENTS—2008 OZONE NAAQS
CTG document No.
RACT element
District rule implementing RACT
Negative
declaration
submitted
EPA
proposed
action
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 Light-Duty
Trucks.
Solvent Metal Cleaning .........................................
2.22 (Gasoline Dispensing Facilities)
......................
Approval ......
Approval.
............................................................
............................................................
............................................................
............................................................
............................................................
Yes
Yes
Yes
Yes
Yes
None a
None a
None a
None a
None a
None.a
None.a
None.a
None.a
None.a
2.31 (Solvent Cleaning and
Degreasing).
............................................................
......................
Approval ......
Approval.
Yes ...............
None a .........
None.a
......................
Approval ......
Approval.
Yes ...............
Yes ...............
Yes ...............
......................
None a .........
None a .........
None a .........
Approval ......
None.a
None.a
None.a
Approval.
Yes ...............
None a .........
None.a
......................
Approval ......
Approval.
......................
Approval ......
Approval.
Yes ...............
None a .........
None.a
Yes ...............
Yes ...............
Yes ...............
Yes ...............
......................
None a .........
None a .........
None a .........
None a .........
Approval ......
None.a
None.a
None.a
None.a
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 ....
Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds.
Tank Truck Gasoline Loading Terminals ..............
EPA–450/2–77–032
EPA–450/2–77–033
EPA–450/2–77–034
EPA–450/2–77–035
....
....
....
....
Surface Coating of Metal Furniture .......................
Surface Coating of Insulation of Magnet Wire ......
Surface Coating of Large Appliances ...................
Bulk Gasoline Plants .............................................
EPA–450/2–77–036 ....
Storage of Petroleum Liquids in Fixed-Roof
Tanks.
Cutback Asphalt ....................................................
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 ...
ddrumheller on DSK120RN23PROD with RULES1
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 ....
VerDate Sep<11>2014
Surface Coating of Miscellaneous Metal Parts
and Products.
Manufacture of Synthesized Pharmaceutical
Products.
Manufacture of Pneumatic Rubber Tires ..............
Factory Surface Coating of Flat Wood Paneling ..
Graphic Arts-Rotogravure and Flexography .........
Leaks from Petroleum Refinery Equipment ..........
Petroleum Liquid Storage in External Floating
Roof Tanks.
Leaks from Gasoline Tank Trucks and Vapor Collection Systems.
Large Petroleum Dry Cleaners ..............................
Leaks from Synthetic Organic Chemical Polymer
and Resin Manufacturing Equipment.
Leaks from Natural Gas/Gasoline Processing
Plants.
Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins.
Air Oxidation Processes in Synthetic Organic
Chemical Manufacturing Industry.
Reactor Processes and Distillation Operations in
Synthetic Organic Chemical Manufacturing Industry.
Wood Furniture Manufacturing Operations ...........
ACT Surface Coating at Shipbuilding and Ship
Repair Facilities Shipbuilding and Ship Repair
Operations (Surface Coating).
Aerospace MACT and Aerospace (CTG & MACT)
Industrial Cleaning Solvents ..................................
Offset Lithographic Printing and Letterpress Printing.
Flexible Package Printing ......................................
Flat Wood Paneling Coatings ................................
Paper, Film, and Foil Coatings ..............................
Large Appliance Coatings .....................................
Metal Furniture Coatings .......................................
Miscellaneous Metal Parts Coatings, Table 2—
Metal Parts and Products.
Miscellaneous Plastic Parts Coatings, Table 3—
Plastic Parts and Products.
Miscellaneous Plastic Parts Coatings, Table 4—
Automotive/Transportation and Business Machine Plastic Parts.
19:14 Jun 29, 2023
Jkt 259001
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Frm 00030
2.21 (Organic Liquid Storage and
Transfer).
............................................................
............................................................
............................................................
2.21 (Organic Liquid Storage and
Transfer).
............................................................
2.28 (Cutback and Emulsified Asphalts).
2.25 (Metal Parts and Products Coating Operations).
............................................................
...............
...............
...............
...............
...............
.........
.........
.........
.........
.........
EPA final action
............................................................
............................................................
............................................................
............................................................
2.21 (Organic Liquid Storage and
Transfer).
2.21 (Organic Liquid Storage and
Transfer).
............................................................
............................................................
......................
Approval ......
Approval.
Yes ...............
Yes ...............
None a .........
None a .........
None.a
None.a
............................................................
Yes ...............
None a .........
None.a
............................................................
Yes ...............
None a .........
None.a
............................................................
Yes ...............
None a .........
None.a
............................................................
Yes ...............
None a .........
None.a
............................................................
............................................................
Yes ...............
Yes ...............
None a .........
None a .........
None.a
None.a
............................................................
Yes ...............
None a .........
None.a
2.31 (Solvent Cleaning and
Degreasing).
2.29 (Graphic Arts Printing Operations).
............................................................
............................................................
............................................................
............................................................
............................................................
2.25 (Metal Parts and Products Coating Operations).
............................................................
......................
Approval ......
Approval.
......................
Approval ......
Approval.
Yes ...............
Yes ...............
Yes ...............
Yes ...............
Yes ...............
......................
None a .........
None a .........
None a .........
None a .........
None a .........
Approval ......
None.a
None.a
None.a
None.a
None.a
Approval.
Yes ...............
None a .........
None.a
Yes ...............
None a .........
None.a
............................................................
Fmt 4700
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E:\FR\FM\30JNR1.SGM
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Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Rules and Regulations
42257
TABLE 3—LIST OF RACT ELEMENTS—2008 OZONE NAAQS—Continued
CTG document No.
RACT element
District rule implementing RACT
Negative
declaration
submitted
EPA
proposed
action
EPA 453/R–08–003 ....
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 ..........................
............................................................
Yes ...............
None a .........
None.a
............................................................
Yes ...............
None a .........
None.a
2.30 (Polyester Resin Operations) ....
2.33 (Adhesive Operations) ..............
............................................................
......................
......................
Yes ...............
Approval ......
Approval ......
None a .........
Approval.
Approval.
None.a
2.27 (Large Boilers) ...........................
2.32 (Stationary Internal Combustion
Engines).
2.43 (Biomass Boilers) ......................
2.41 (Expandable Polystyrene Manufacturing Operations).
......................
Disapproval b
Disapproval.b
......................
Disapproval c
Approval.d
EPA 453/R–08–003 ....
EPA 453/R–08–004 ....
EPA 453/R–08–005 ....
EPA 453/R–08–006 ....
Non-CTG Major Sources of VOC ..........................
EPA final action
a Previously
approved on April 5, 2018 (83 FR 14754).
described in greater detail in the Technical Support Document (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 TSD, the proposed disapproval for the non-CTG major sources of VOC element is based on the deficiencies noted in Rule
2.38 (Standards for Municipal Solid Waste Landfills).
d As described in greater detail in Section II of this preamble, our final action approving the non-CTG major sources of VOC element is based upon the fact that
Rule 2.41 implements RACT, and that Rule 2.38 is no longer relied upon to implement RACT.
b As
As authorized in section 110(k)(3) of
the Act, the EPA is partially
disapproving the 2017 RACT SIP with
respect to the RACT element for nonCTG major sources of NOX, and partially
approving the remainder of the 2017
RACT SIP.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 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.
ddrumheller on DSK120RN23PROD with RULES1
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.
VerDate Sep<11>2014
19:14 Jun 29, 2023
Jkt 259001
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.
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Fmt 4700
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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. Therefore, this action
is not subject to Executive Order 13045
because it merely partially approves and
partially disapproves state law as
meeting Federal requirements.
Furthermore, the EPA’s Policy on
Children’s Health does not apply to this
action.
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.
E:\FR\FM\30JNR1.SGM
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Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Rules and Regulations
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.’’
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.
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).
ddrumheller on DSK120RN23PROD with RULES1
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
VerDate Sep<11>2014
16:27 Jun 29, 2023
Jkt 259001
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
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraph (c)(505)(ii)(A)(2) to
read as follows:
■
Identification of plan—in part.
*
*
*
*
*
(c) * * *
(505) * * *
(ii) * * *
(A) * * *
(2) Reasonably Available Control
Technology (RACT) State
Implementation Plan (SIP) for the 2008
8-Hour Ozone National Ambient Air
Quality Standards (NAAQS)
(‘‘Reasonably Available Control
Technology (RACT) State
Implementation Plan (SIP) Analysis’’),
as adopted on September 13, 2017,
except the RACT determination for nonCTG major sources of NOX.
*
*
*
*
*
■ 3. Section 52.237 is amended by
adding paragraph (b)(6)(ii) to read as
follows:
§ 52.237
Part D disapproval.
*
*
*
*
*
(b) * * *
(6) * * *
(ii) RACT determination for non-CTG
major sources of Nitrogen Oxides (NOX)
for the 2008 ozone NAAQS, as
contained in the submittal titled
‘‘Reasonably Available Control
PO 00000
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[FR Doc. 2023–13754 Filed 6–29–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2022–0338; FRL–10269–
02–R9]
Approval, Limited Approval and
Limited Disapproval of California Air
Plan Revisions; Mojave Desert Air
Quality Management District;
Stationary Source Permits
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing an approval
and a limited approval and limited
disapproval of revisions to the Mojave
Desert Air Quality Management District
(MDAQMD or ‘‘District’’) portion of the
California State Implementation Plan
(SIP). These revisions concern the
District’s New Source Review (NSR)
permitting program for new and
modified sources of air pollution under
part D of title I of the Clean Air Act
(CAA or ‘‘Act’’). This action updates the
District’s portion of the California SIP
with ten revised rules. Under the
authority of the CAA, this action
simultaneously approves local rules that
regulate emission sources and directs
the District to correct rule deficiencies.
DATES: This rule is effective July 31,
2023.
SUMMARY:
1. The authority citation for part 52
continues to read as follows:
■
§ 52.220
Technology (RACT) State
Implementation Plan (SIP) Analysis for
the 2008 Federal Ozone Standard,’’ as
adopted on September 13, 2017, and
submitted on November 13, 2017.
*
*
*
*
*
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2022–0338. 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
ADDRESSES:
E:\FR\FM\30JNR1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Rules and Regulations]
[Pages 42252-42258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13754]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2018-0160; FRL-10867-02-R9]
Air Plan Revisions; California; Yolo-Solano Air Quality
Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
[[Page 42253]]
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to partially approve and partially disapprove a revision to the
Yolo-Solano Air Quality Management District (YSAQMD) portion of the
California State Implementation Plan (SIP). The revision concerns the
YSAQMD's demonstration regarding 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 under the
jurisdiction of the YSAQMD.
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-2018-0160. 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 chen.eugene[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 11, 2023 (88 FR 21572), the EPA proposed to partially
approve and partially disapprove the California Air Resources Board's
(CARB) submittal of the YSAQMD's RACT SIP for the 2008 Ozone National
Ambient Air Quality Standards (NAAQS), as listed in Table 1 below.
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'').
----------------------------------------------------------------------------------------------------------------
We proposed to partially approve YSAQMD's 2017 RACT SIP because we
determined that, except for the RACT elements for non-control technique
guideline (CTG) major sources of nitrogen oxides (NOX) and
volatile organic compounds (VOC), it complied with the relevant Clean
Air Act (CAA or ``Act'') requirements. We proposed to partially
disapprove YSAQMD's 2017 RACT SIP because we identified two
deficiencies that would preclude us from fully approving the submittal.
First, we found that District Rule 2.38, ``Standards for Municipal
Solid Waste Landfills,'' which is relied upon to implement RACT for
non-CTG major sources of VOC, has not been submitted for approval into
the SIP, and therefore cannot be used to satisfy RACT requirements.
Second, we found that District Rule 2.43, ``Biomass Boilers,'' which
the District relied upon to implement RACT for non-CTG major sources of
NOX, 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. This provision is inconsistent with the EPA's
Startup, Shutdown, and Malfunction (SSM) Policy as defined in the EPA's
2015 SSM SIP Action.\1\ The deficiencies are discussed in more detail
in our proposed action.
---------------------------------------------------------------------------
\1\ ``State Implementation Plans: Response to Petition for
Rulemaking; Restatement and Update of EPA's SSM 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).
---------------------------------------------------------------------------
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period,
which concluded on May 11, 2023 (April 11, 2023 (88 FR 21572)). We
received one comment letter regarding our proposed action, from the
YSAQMD and dated May 10, 2023. We have summarized substantive adverse
comments included in this comment letter and provided our responses
below. In addition to the substantive comments summarized below, the
District's letter includes information about recent progress it has
made to address deficiencies related to SSM exemptions identified in
Rule 2.43, and comments regarding the EPA's communication to the
District about the identified deficiencies leading up to publication of
the proposed rulemaking.\2\ The District's letter is included in the
docket for this action.
---------------------------------------------------------------------------
\2\ The District's revisions to Rule 2.43 were submitted by CARB
to the EPA on June 8, 2023 via the State Plan electronic Collection
System (SPeCS).
---------------------------------------------------------------------------
Comment 1: The YSAQMD asserts that the District's 2017 RACT SIP
identified the Recology Hay Road Landfill and the Yolo County Central
Landfill as major sources of VOC in error. The District states that the
VOC potential to emit (PTE) of each landfill is below the 25 tons per
year (tpy) major source threshold for Severe nonattainment areas, and
therefore not subject to VOC RACT requirements for major sources.
Response 1: On May 17, 2023, the EPA emailed the District with a
request for further clarification and documentation demonstrating that
the VOC PTE of each landfill was below major source thresholds.\3\ On
May 19, 2023, the District replied with permitting information for each
facility and indicated that, when excluding fugitive landfill emissions
in accordance with EPA guidance, the VOC PTE of the Recology Hay Road
Landfill and Yolo County Central Landfill is 13.04 tpy and 24.7 tpy
respectively, which are below major source thresholds.\4\ Based on this
additional documentation, and for the reasons discussed below, we agree
with the District that the Recology Hay Road
[[Page 42254]]
Landfill and Yolo County Central Landfill are not major sources of VOC,
and are therefore not required to implement RACT for VOC.
---------------------------------------------------------------------------
\3\ Email dated May 17, 2023, from Eugene Chen (EPA) to Paul
Hensleigh (YSAQMD), Subject: ``RACT SIP Comment Letter follow up.''
\4\ Email dated May 19, 2023, from Paul Hensleigh (YSAQMD) to
Eugene Chen (EPA), Subject: ``Re: RACT SIP Comment Letter follow
up.''
---------------------------------------------------------------------------
The EPA defines fugitive emissions as ``those emissions which could
not reasonably pass through a stack, chimney, vent, or other
functionally-equivalent opening.'' \5\ A source's fugitive emissions
must be included when determining whether it qualifies as a major
source if the source falls within one of 27 listed source
categories.\6\ Municipal solid waste landfills are not included in this
list of source categories, and as a result are not required to include
fugitive emissions toward major source applicability. Under additional
EPA guidance related to landfills, if a landfill gas collection system
is in operation, or if a landfill gas collection system could
reasonably be designed to collect a landfill's gas emissions, then
those collected emissions are not fugitive and shall be considered in
determining facility PTE.\7\ Both Recology Hay Road and Yolo County
Central Landfill operate with active gas collection systems, and
therefore only the portion of landfill gas that is not collected can be
considered fugitive and excluded from consideration in determining VOC
PTE.
---------------------------------------------------------------------------
\5\ 40 CFR 70.1; 70.2 (title V definitions). This definition
also applies under the NSR program. See 40 CFR 51.165(a)(1)(ix).
\6\ 40 CFR 70.2; 40 CFR 51.165(a)(1)(iv)(C).
\7\ Memorandum dated October 21, 1994, from John S. Seitz,
Director, Office of Air Quality Planning and Standards, U.S. EPA, to
EPA Regional Air Directors, Regions I-X, Subject: ``Classification
of Emissions from Landfills for NSR Applicability Purposes.''
---------------------------------------------------------------------------
The current title V operating permit (Permit No. F-01059-18, issued
November 10, 2022) and statement of basis for the Recology Hay Road
Landfill lists the following emission units and corresponding VOC PTE:
\8\
---------------------------------------------------------------------------
\8\ See Permit No. F-01059-18, Recology Hay Road Landfill title
V permit, Permit No. F-01059-18, Statement of Basis, and Permit to
Operate, Unit ID P-86-06(a8).
Table 1--Recology Hay Road Landfill VOC PTE
------------------------------------------------------------------------
Unit ID Equipment description VOC PTE (tpy)
------------------------------------------------------------------------
P-13-16.................... 124-horsepower (hp) 0.01
Caterpillar IC engine
(Certified Tier IV engine).
P-14-16(a)................. 124-hp Caterpillar IC 0.01
engine (Certified Tier IV
engine).
P-28-98(a)................. One (1) 500-gallon 0.04
aboveground gasoline
storage tank, one gasoline
dispenser (1 nozzle), and
one gasoline pressure/
vacuum vent valve.
P-51-17.................... Various equipment including 0.01
two (2) portable crushers,
two (2) portable screens,
and two (2) stackers,
powered by Off-road
engines that also provide
propulsion.
P-64-00.................... Petroleum contaminated soil 13.00
handling for daily and
intermediate cover
material.
P-81-10.................... 7-acre lined containment 0.01
pond and drying areas.
P-85-06(a8)................ Municipal Solid Waste 24.62
landfill not to exceed a
total maximum design
capacity of 35.6 million
cubic yards (17.0 million
megagrams).
P-59-21.................... 174-hp Caterpillar Engine 0.01
(Certified Tier IV engine).
---------------
Total................... 37.66
---------------
Total (excluding Unit ID 13.04
P-85-06(a8)).
------------------------------------------------------------------------
The YSAQMD asserts that the municipal solid waste landfill's 24.62
tpy VOC PTE (Unit ID P-85-06(a8)) consists of landfill fugitive
emissions. Excluding these emissions from consideration towards major
source applicability would result in a facility-wide VOC PTE of 13.04
tpy. Based upon a review of permitting information, we note that while
Unit ID P-86-06(a8) includes fugitive VOC emissions from the landfill,
it also includes VOC emissions from the flaring of landfill gas
captured by the collection system.\9\ We do not consider it appropriate
for VOC emissions from flaring activities to be considered fugitive
since they represent the destruction of collected landfill gas. The
title V permit and statement of basis do not identify the portion of
VOC PTE attributable only to flaring activities, but based on the
physical design and enforceable emission limits applicable to flaring
activities, we estimate the VOC PTE to be 3.67 tpy.\10\ Including this
3.67 tpy VOC PTE results in a facility wide VOC PTE of 16.71 tpy, which
is below the Severe nonattainment area major source threshold of 25
tpy. As a result, we agree that the Recology Hay Road Landfill is not a
major source of VOC, and is not required to implement RACT for VOC.
---------------------------------------------------------------------------
\9\ Id.
\10\ Based upon a flare VOC permit limit of 14.1 ppm (@3%
O2) and maximum flare heat rate of 45.6 MMBtu/hr.
---------------------------------------------------------------------------
The current title V operating permit (Permit No. F-01392-8, issued
March 13, 2018) and statement of basis for the Yolo County Central
Landfill lists the following emission units and corresponding VOC PTE:
\11\
---------------------------------------------------------------------------
\11\ See Permit F-01392-8, Yolo County Central Landfill title V
permit, Permit No. F-01392-8, Statement of Basis, and Emission
Evaluation C-07-164.
Table 2--Yolo County Central Landfill VOC PTE
------------------------------------------------------------------------
Unit ID Equipment description VOC PTE (tpy)
------------------------------------------------------------------------
P-15-05(a)................. Landfill not to exceed max 51.03
design capacity of 49
million cubic yards.
P-25-07.................... 317-hp emergency engine 0.01
(Certified Tier III
engine).
P-31-10.................... Various equipment for ..............
dewatering and aeration of
non hazardous liquid waste
with odor potential
(NHLWOP).
P-71-06(t)................. 157-hp emergency engine 0.01
(Certified Tier II engine).
P-49-14.................... Receiving Storage and use ..............
of NHLWOP.
P-90-18.................... In Vessel Digester 0.93
Operation.
P-26-98(t2)................ Negative pressure landfill 2.73
gas collection system,
landfill gas flare.
P-78-98(t)................. Engine 1A, 805-hp landfill 4.11
gas IC engine.
P-79-98(t)................. Engine 2, 805-hp landfill 4.11
gas IC engine.
[[Page 42255]]
P-80-98(t)................. Engine 3, 805-hp landfill 4.25
gas IC engine.
P-81-98(t)................. Engine 4A, 805-hp landfill 4.22
gas IC engine.
P-87-98(t)................. Engine 5A, 805-hp landfill 4.22
gas IC engine.
P-28-17.................... Concrete crushing plant.... ..............
P-29-17.................... Screening of waste and wood ..............
debris.
P-30-17.................... Grinding and shredding of 0.09
waste and wood debris.
---------------
Total................... 75.7
---------------
Total (excluding Unit P- 24.7
15-05(a)).
------------------------------------------------------------------------
The District asserts that the municipal solid waste landfill's
51.03 tpy VOC PTE (Unit ID P-15-05(a)) consists of landfill fugitive
emissions. Excluding these emissions from consideration towards major
source applicability would result in a facility-wide VOC PTE of 24.7
tpy. Based upon a review of permitting information, we agree that the
51.03 VOC PTE attributable to P-15-05(a) are fugitive landfill
emissions, and note that the gas collection system and landfill flare
are accounted for separately as Unit ID P-26-98(t2). With regard to the
other permitted emission units, and in particular the landfill gas
engines that comprise the majority of the non-fugitive VOC PTE, we note
that the facility's title V permit establishes several emission and
operating limits on a per-engine basis, including annual VOC tpy
limits, VOC concentration limits expressed in parts per million (ppm),
and landfill gas fuel usage limitations expressed in million standard
cubic feet per year (MMCF/yr). The title V permit also contains
requirements for annual source testing, recordkeeping of fuel usage and
operating hours, and reporting requirements to ensure the practical
enforceability of emission and operating limits. In addition, the title
V permit establishes a landfill flare VOC emission limit and landfill
gas fuel usage limit for Unit ID P-26-98(t2), and also requires an
annual source test, recordkeeping of landfill gas fuel usage, and for
the flare to be operated within the parameter ranges established during
the most recent source test. We consider these monitoring, reporting,
and recordkeeping requirements to ensure the practical enforceability
of emission limits for the landfill flare. Based upon this information,
we agree with the District that the VOC PTE of the Yolo County Central
Landfill is 24.7 tpy, which is below the Severe nonattainment area
major source threshold of 25 tpy.\12\ As a result, we agree that the
Yolo County Central Landfill is not a major source of VOC, and is not
required to implement RACT for VOC. For this reason, as described
below, we are issuing a final approval of the RACT element for non-CTG
major sources of VOC.
---------------------------------------------------------------------------
\12\ The 24.7 tpy VOC PTE relies on conservative assumptions
regarding landfill gas usage and accordingly represents an
overestimate of the facility's potential VOC emissions. For example,
the aggregated landfill gas usage limits for the flare and engines
(1,154 MMCF/yr) is greater than the total amount of landfill gas
that is permitted to be collected from the landfill (997.1 MMCF/yr),
per title V Permit No. F-01392-8, Conditions B.69 through B.80.
Since the sum of destroyed landfill gas cannot exceed the total
amount of collected landfill gas, the facility VOC PTE reflects a
certain amount of double-counting. The amount of double-counting
would be difficult to quantify precisely given the variety of
landfill gas destruction scenarios, but as an example, if the
entirety of the collected landfill gas were destroyed by the engines
and not by the landfill flare, then the landfill flare VOC PTE of
2.73 tpy would represent an additional margin between facility PTE
and the major source threshold.
---------------------------------------------------------------------------
Comment 2: The YSAQMD asserts that even if the landfills subject to
its regulatory authority were major sources of VOC, they are subject to
federally enforceable requirements that implement RACT through a
combination of California's statewide landfill methane regulation (LMR)
and an EPA Federal implementation plan (FIP). The District notes that
the 2017 RACT SIP identifies landfill requirements as federally
enforceable through California's CAA section 111(d) State Plan approved
by the EPA on September 23, 1999. The District asserts that California
later adopted and submitted its statewide LMR for SIP approval and that
the EPA proposed to partially approve the LMR in 2020, and in May 2021
proposed a FIP in 40 CFR part 62 subpart OOO to cover identified
deficiencies in the LMR.
Response 2: As discussed in our response to the previous comment,
we agree with the District that the Recology Hay Road Landfill and Yolo
County Central Landfill are not major sources of VOC, and are therefore
not required to implement RACT for VOC. As a result, we do not consider
it necessary to address issues regarding implementation of RACT at
these sources. However, we wish to clarify that the EPA's approval of a
performance standards plan under CAA section 111(d) is different from
approval of a SIP submittal under CAA section 110. Thus, while we have
issued both a final partial approval/partial disapproval of the
California LMR \13\ and a final rule promulgating a partial Federal
plan for municipal solid waste landfills under CAA section 111(d),\14\
we have not approved these landfill rules as a SIP revision under CAA
section 110(k) or issued a FIP under CAA section 110(c), and we are
unaware of any pending state submittal of the LMR or District landfill
VOC RACT rules for SIP approval. The EPA's SIP approval of RACT-level
control rules for landfills regulated by the District would ensure that
any future major source landfills in the area meet RACT requirements.
We invite the District or CARB to discuss this option further with the
EPA.
---------------------------------------------------------------------------
\13\ 85 FR 1121 (January 8, 2020).
\14\ 86 FR 27756 (May 21, 2021).
---------------------------------------------------------------------------
III. EPA Action
As discussed in Section II of this preamble above, we received a
public comment from the YSAQMD providing additional information
relevant to our proposed disapproval of the RACT element for non-CTG
major sources of VOC. The basis for our proposed disapproval was the
lack of enforceable SIP requirements implementing VOC RACT for two
municipal solid waste landfills that the 2017 RACT SIP identified as
non-CTG major sources of VOC. Based upon the District's comment letter
and additional information, we no longer consider these two municipal
solid waste landfills to be major VOC sources, and therefore find that
these sources are not
[[Page 42256]]
required to implement VOC RACT. As a result, the only District rule
relied upon to implement RACT for non-CTG major sources of VOC is Rule
2.41, ``Expandable Polystyrene Manufacturing Operations,'' which
implements limits VOC emissions from manufacture of expandable
polystyrene products. As discussed in our April 11, 2023 (88 FR 21572)
proposed action, Rule 2.41 implements RACT. We are therefore issuing a
final approval of the RACT element for non-CTG major sources of VOC.
This represents the only change from our proposed action, as summarized
in Table 3 of this preamble below.
Table 3--List of RACT Elements--2008 Ozone NAAQS
--------------------------------------------------------------------------------------------------------------------------------------------------------
District rule Negative declaration
CTG document No. RACT element implementing RACT submitted EPA proposed action EPA final action
--------------------------------------------------------------------------------------------------------------------------------------------------------
EPA-450/R-75-102............... Design Criteria for Stage I 2.22 (Gasoline .................... Approval............ Approval.
Vapor Control--Gasoline Dispensing
Service Stations. Facilities).
EPA-450/2-77-008............... Surface Coating of Cans.... ...................... Yes................. None \a\............ None.\a\
EPA-450/2-77-008............... Surface Coating of Coils... ...................... Yes................. None \a\............ None.\a\
EPA-450/2-77-008............... Surface Coating of Paper... ...................... Yes................. None \a\............ None.\a\
EPA-450/2-77-008............... Surface Coating of Fabric.. ...................... Yes................. None \a\............ None.\a\
EPA-450/2-77-008............... Surface Coating of ...................... Yes................. None \a\............ None.\a\
Automobiles and Light-Duty
Trucks.
EPA-450/2-77-022............... Solvent Metal Cleaning..... 2.31 (Solvent Cleaning .................... Approval............ Approval.
and Degreasing).
EPA-450/2-77-025............... Refinery Vacuum Producing ...................... Yes................. None \a\............ None.\a\
Systems, Wastewater
Separators, and Process
Unit Turnarounds.
EPA-450/2-77-026............... Tank Truck Gasoline Loading 2.21 (Organic Liquid .................... Approval............ Approval.
Terminals. Storage and Transfer).
EPA-450/2-77-032............... Surface Coating of Metal ...................... Yes................. None \a\............ None.\a\
Furniture.
EPA-450/2-77-033............... Surface Coating of ...................... Yes................. None \a\............ None.\a\
Insulation of Magnet Wire.
EPA-450/2-77-034............... Surface Coating of Large ...................... Yes................. None \a\............ None.\a\
Appliances.
EPA-450/2-77-035............... Bulk Gasoline Plants....... 2.21 (Organic Liquid .................... Approval............ Approval.
Storage and Transfer).
EPA-450/2-77-036............... Storage of Petroleum ...................... Yes................. None \a\............ None.\a\
Liquids in Fixed-Roof
Tanks.
EPA-450/2-77-037............... Cutback Asphalt............ 2.28 (Cutback and .................... Approval............ Approval.
Emulsified Asphalts).
EPA-450/2-78-015............... Surface Coating of 2.25 (Metal Parts and .................... Approval............ Approval.
Miscellaneous Metal Parts Products Coating
and Products. Operations).
EPA-450/2-78-029............... Manufacture of Synthesized ...................... Yes................. None \a\............ None.\a\
Pharmaceutical Products.
EPA-450/2-78-030............... Manufacture of Pneumatic ...................... Yes................. None \a\............ None.\a\
Rubber Tires.
EPA-450/2-78-032............... Factory Surface Coating of ...................... Yes................. None \a\............ None.\a\
Flat Wood Paneling.
EPA-450/2-78-033............... Graphic Arts-Rotogravure ...................... Yes................. None \a\............ None.\a\
and Flexography.
EPA-450/2-78-036............... Leaks from Petroleum ...................... Yes................. None \a\............ None.\a\
Refinery Equipment.
EPA-450/2-78-047............... Petroleum Liquid Storage in 2.21 (Organic Liquid .................... Approval............ Approval.
External Floating Roof Storage and Transfer).
Tanks.
EPA-450/2-78-051............... Leaks from Gasoline Tank 2.21 (Organic Liquid .................... Approval............ Approval.
Trucks and Vapor Storage and Transfer).
Collection Systems.
EPA-450/3-82-009............... Large Petroleum Dry ...................... Yes................. None \a\............ None.\a\
Cleaners.
EPA-450/3-83-006............... Leaks from Synthetic ...................... Yes................. None \a\............ None.\a\
Organic Chemical Polymer
and Resin Manufacturing
Equipment.
EPA-450/3-83-007............... Leaks from Natural Gas/ ...................... Yes................. None \a\............ None.\a\
Gasoline Processing Plants.
EPA-450/3-83-008............... Manufacture of High-Density ...................... Yes................. None \a\............ None.\a\
Polyethylene,
Polypropylene, and
Polystyrene Resins.
EPA-450/3-84-015............... Air Oxidation Processes in ...................... Yes................. None \a\............ None.\a\
Synthetic Organic Chemical
Manufacturing Industry.
EPA-450/4-91-031............... Reactor Processes and ...................... Yes................. None \a\............ None.\a\
Distillation Operations in
Synthetic Organic Chemical
Manufacturing Industry.
EPA-453/R-96-007............... Wood Furniture ...................... Yes................. None \a\............ None.\a\
Manufacturing Operations.
EPA-453/R-94-032, 61 FR 44050; ACT Surface Coating at ...................... Yes................. None \a\............ None.\a\
8/27/96. Shipbuilding and Ship
Repair Facilities
Shipbuilding and Ship
Repair Operations (Surface
Coating).
EPA-453/R-97-004, 59 FR 29216; Aerospace MACT and ...................... Yes................. None \a\............ None.\a\
6/06/94. Aerospace (CTG & MACT).
EPA-453/R-06-001............... Industrial Cleaning 2.31 (Solvent Cleaning .................... Approval............ Approval.
Solvents. and Degreasing).
EPA-453/R-06-002............... Offset Lithographic 2.29 (Graphic Arts .................... Approval............ Approval.
Printing and Letterpress Printing Operations).
Printing.
EPA-453/R-06-003............... Flexible Package Printing.. ...................... Yes................. None \a\............ None.\a\
EPA-453/R-06-004............... Flat Wood Paneling Coatings ...................... Yes................. None \a\............ None.\a\
EPA 453/R-07-003............... Paper, Film, and Foil ...................... Yes................. None \a\............ None.\a\
Coatings.
EPA 453/R-07-004............... Large Appliance Coatings... ...................... Yes................. None \a\............ None.\a\
EPA 453/R-07-005............... Metal Furniture Coatings... ...................... Yes................. None \a\............ None.\a\
EPA 453/R-08-003............... Miscellaneous Metal Parts 2.25 (Metal Parts and .................... Approval............ Approval.
Coatings, Table 2--Metal Products Coating
Parts and Products. Operations).
EPA 453/R-08-003............... Miscellaneous Plastic Parts ...................... Yes................. None \a\............ None.\a\
Coatings, Table 3--Plastic
Parts and Products.
EPA 453/R-08-003............... Miscellaneous Plastic Parts ...................... Yes................. None \a\............ None.\a\
Coatings, Table 4--
Automotive/Transportation
and Business Machine
Plastic Parts.
[[Page 42257]]
EPA 453/R-08-003............... Miscellaneous Plastic Parts ...................... Yes................. None \a\............ None.\a\
Coatings, Table 5--
Pleasure Craft Surface
Coating.
EPA 453/R-08-003............... Miscellaneous Plastic Parts ...................... Yes................. None \a\............ None.\a\
Coatings, Table 6--Motor
Vehicle Materials.
EPA 453/R-08-004............... Fiberglass Boat 2.30 (Polyester Resin .................... Approval............ Approval.
Manufacturing Materials. Operations).
EPA 453/R-08-005............... Miscellaneous Industrial 2.33 (Adhesive .................... Approval............ Approval.
Adhesives. Operations).
EPA 453/R-08-006............... Automobile and Light-Duty ...................... Yes................. None \a\............ None.\a\
Truck Assembly Coatings.
Non-CTG Major Sources of 2.27 (Large Boilers).. .................... Disapproval \b\ Disapproval.\b\
NOX. 2.32 (Stationary
Internal Combustion
Engines).
2.43 (Biomass Boilers)
Non-CTG Major Sources of 2.41 (Expandable .................... Disapproval \c\ Approval.\d\
VOC. Polystyrene
Manufacturing
Operations).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Previously approved on April 5, 2018 (83 FR 14754).
\b\ As described in greater detail in the Technical Support Document (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 TSD, the proposed disapproval for the non-CTG major sources of VOC element is based on the deficiencies noted
in Rule 2.38 (Standards for Municipal Solid Waste Landfills).
\d\ As described in greater detail in Section II of this preamble, our final action approving the non-CTG major sources of VOC element is based upon the
fact that Rule 2.41 implements RACT, and that Rule 2.38 is no longer relied upon to implement RACT.
As authorized in section 110(k)(3) of the Act, the EPA is partially
disapproving the 2017 RACT SIP with respect to the RACT element for
non-CTG major sources of NOX, and partially approving the
remainder of the 2017 RACT SIP.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 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 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. Therefore, this action is not
subject to Executive Order 13045 because it merely partially approves
and partially disapproves state law as meeting Federal requirements.
Furthermore, the EPA's Policy on Children's Health does not apply to
this action.
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.
[[Page 42258]]
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.''
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.
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)(505)(ii)(A)(2) to
read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(505) * * *
(ii) * * *
(A) * * *
(2) Reasonably Available Control Technology (RACT) State
Implementation Plan (SIP) for the 2008 8-Hour Ozone National Ambient
Air Quality Standards (NAAQS) (``Reasonably Available Control
Technology (RACT) State Implementation Plan (SIP) Analysis''), as
adopted on September 13, 2017, except the RACT determination for non-
CTG major sources of NOX.
* * * * *
0
3. Section 52.237 is amended by adding paragraph (b)(6)(ii) to read as
follows:
Sec. 52.237 Part D disapproval.
* * * * *
(b) * * *
(6) * * *
(ii) RACT determination for non-CTG major sources of Nitrogen
Oxides (NOX) for the 2008 ozone NAAQS, as contained in the
submittal titled ``Reasonably Available Control Technology (RACT) State
Implementation Plan (SIP) Analysis for the 2008 Federal Ozone
Standard,'' as adopted on September 13, 2017, and submitted on November
13, 2017.
* * * * *
[FR Doc. 2023-13754 Filed 6-29-23; 8:45 am]
BILLING CODE 6560-50-P
