Air Plan Revisions; California; San Diego County Air Pollution Control District and Mojave Desert Air Quality Management District, 87505-87509 [2024-25560]
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Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations
Name of non-regulatory SIP
revision
State submittal
date
Applicable geographic area
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Motor Vehicle Emissions InStatewide ...............................
spection Program; Plan for
Implementation (PFI) for 7
DE Admin Code 1126 and 7
DE Admin. Code 1131.
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DATES:
2024.
BILLING CODE 6560–50–P
ADDRESSES:
40 CFR Part 52
[EPA–R09–OAR–2024–0418; FRL–12225–
02–R9]
Air Plan Revisions; California; San
Diego County Air Pollution Control
District and Mojave Desert Air Quality
Management District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the San Diego
County Air Pollution Control District
(SDCAPCD) and Mojave Desert Air
Quality Management District
(MDAQMD) portions of the California
State Implementation Plan (SIP). These
revisions concern negative declarations
for the Control Techniques Guidelines
(CTG) for the Oil and Natural Gas
Industry (Oil and Natural Gas CTG).
SUMMARY:
Additional explanation
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11/4/2024, [INSERT FIRST
This Plan for Implementation
PAGE OF FEDERAL REGapplies to both 7 DE 1126
ISTER CITATION].
Motor vehicle Inspection
Program—Sussex County;
and to 7 DE 1131 Motor
Vehicle Emissions Inspection Program—Kent and
New Castle Counties.
This rule is effective December 4,
[FR Doc. 2024–25460 Filed 11–1–24; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
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03/13/2023
EPA approval date
87505
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2024–0418. 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@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 September 23, 2024, the EPA
proposed to approve the California Air
Resources Board’s (CARB) submittal of
negative declarations for the Oil and
Natural Gas CTG adopted by SDCAPCD
and MDAQMD.1 As discussed in our
proposed action, these negative
declarations should provide reasonable
assurances that no sources subject to the
CTG’s requirements currently exist in
the relevant ozone nonattainment areas.
Based on our review, we did not
identify any sources that would be
subject to the Oil and Natural Gas CTG
and agreed with the SDCAPCD and
MDAQMD negative declarations. We
therefore proposed approval of these
negative declarations for the Oil and
Natural Gas CTG.
TABLE 1—SUBMITTED DOCUMENTS
Local agency
Document
SDCAPCD .........
2020 Reasonably Available Control Technology Demonstration for the National Ambient Air
Quality Standards for Ozone in San Diego County (‘‘2020 RACT SIP’’)—Negative Declaration
for Oil and Natural Gas CTG.
70 ppb Ozone Standard Implementation Evaluation: RACT SIP Analysis; Federal Negative Declarations; and Emission Statement Certification—Negative Declaration for Oil and Natural Gas
CTG.
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MDAQMD ..........
As discussed in our September 23,
2024 (89 FR 77467) proposal, we only
proposed action on the negative
declaration for the Oil and Natural Gas
CTG in Attachment B of the SDCAPCD
submittal and did not propose action on
1 89
FR 77467.
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Adopted
Submitted
to EPA
10/14/2020
12/29/2020
10/28/2019
12/20/2019
any other elements of the submittal.
Similarly, for the MDAQMD submittal,
we only proposed action on the negative
declaration for the Oil and Natural Gas
CTG in table 2 and did not propose
action on any other elements of the
submittal. In both cases, the negative
declarations for the Oil and Natural Gas
CTG were submitted for the 2008 and
2015 ozone National Ambient Air
Quality Standards (NAAQS).2 3
2 Page 10 of MDAQMD 70 ppb O3 Evaluation,
Final Staff Report.
3 Page B–10 of SDCAPCD 2020 RACT SIP,
Attachment B.
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II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received four comments.
We have summarized these comments
and included our responses below.
Comment 1: One commenter inquired
about grants for the electrification of
equipment on small farms and included
information regarding a certain model of
electric tractor deployed in Europe.
Response 1: Our proposed action is
related to oil and natural gas sources
located in certain California air districts.
We do not consider this comment to be
germane because it is beyond the scope
of our proposed action.
Comment 2: One commenter
expressed general support for the
proposed action and urged the EPA to
adopt the proposed rulemakings.
Response 2: The EPA acknowledges
the comment.
Comment 3: One commenter urged
the EPA to take action to regulate
cannabis growth. The commenter asserts
that cannabis cultivation is responsible
for significant emissions of greenhouse
gases and that cannabis plants
themselves are a source of terpenes,
which are VOCs that ‘‘when mixed with
nitrogen oxide and sunlight, form
ozone-degrading aerosols.’’
Response 3: We acknowledge the
information provided by the commenter
regarding the potential for the cannabis
cultivation industry to be a source of
greenhouse gas emissions and VOCs. As
noted in our response to Comment 1 of
this preamble above, our proposed
action is related to oil and natural gas
sources located in certain California air
districts. As a result, we do not consider
this comment to be germane because it
is beyond the scope of our proposed
action.
Comment 4: One commenter opposes
the EPA action on the proposed
rulemakings. The commenter notes the
need for ozone regulation in southwest
California under the 2008 and 2015
ozone NAAQS because ‘‘the ozone
emitted by the oil and natural gas
industries has a stronger impact than in
more temperate regions.’’ The
commenter suggests that ‘‘providing a
bulwark against accelerated ozone
production from [these] sources is
paramount’’ and concludes by stating
‘‘if the SDCAPCD, MDAQMD and EPA
sign onto the negative decision to
include oil and natural gas industries in
these portions of the California SIP, the
problem of ground-level ozone will not
be fully resolved.’’
Response 4: We acknowledge the
commenters concerns regarding ozone
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levels in southwest California and
attainment of the 2008 and 2015 ozone
NAAQS for the areas at issue in the
EPA’s proposed action. However, we
disagree with the commenter that the
proposed action will negatively impact
ozone emissions in the areas at issue.
We wish to clarify that the EPA’s
proposed action involves a negative
declaration, not a negative decision. As
discussed above and in our proposed
action, the negative declarations from
SDCAPCD and MDAQMD represent
their certifications that there are no
sources subject to the Oil and Natural
Gas CTG present in their jurisdictions.
A negative declaration does not exempt
sources from regulation, and if sources
subject to the Oil and Natural Gas CTG
subsequently came to exist in either of
the Districts, CAA sections 182(b)(2)
and (f) would require that District to
adopt control measures implementing
RACT for the CTG.4
III. EPA Action
None of the comments submitted
change our assessment of the SIP
revision as described in the proposed
action at issue. Therefore, as authorized
in section 110(k)(3) of the Act, the EPA
is approving SDCAPCD’s and
MDAQMD’s negative declarations for
the Oil and Natural Gas CTG because
they fulfill the relevant requirements in
CAA sections 110(a), 110(l), and
182(b)(2). In addition, our approval of
SDCAPCD’s negative declaration
terminates the EPA’s obligation to
promulgate a Federal Implementation
Plan (FIP) for SDCAPCD arising from
our November 16, 2020 finding of
failure to submit for the Oil and Natural
Gas CTG.5
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, 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. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve State choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
4 In a separate action earlier this year, the EPA
proposed to approve a California statewide
regulation into the California SIP for those areas
that need to regulate sources covered by the Oil and
Natural Gas CTG. See 89 FR 36729 (May 3, 2024).
5 November 16, 2020. 85 FR 72963. Our
November 16, 2020 finding of failure to submit also
triggered offset sanctions and highway funding
sanctions. These sanctions clocks were
extinguished by SDCAPCD’s December 29, 2020
submittal and our May 6, 2021 letter determining
that the District’s negative declaration submittal
was complete. See Docket Item B–01.
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approves State law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by State law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR
21879, April 11, 2023);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a State program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act.
In addition, 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. In those areas of
Indian country, the rule does not have
Tribal implications and will not impose
substantial direct costs on Tribal
governments or preempt Tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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 communities with
environmental justice (EJ) concerns to
the greatest extent practicable and
permitted by law. The EPA defines 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
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Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations
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 Districts did not evaluate EJ
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.
Due to the nature of the action being
taken here, this action is expected to
have a neutral to positive impact on the
air quality of the affected area.
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 EJ for communities
with EJ concerns.
This action is subject to the
Congressional Review Act (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).
(F) EPA–450/2–78–029 ......
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Subpart F—California
2. Amend § 52.222 by adding
paragraph (a)(1)(x) and revising
paragraphs (a)(5)(ii) and (iii) to read as
follows.
■
§ 52.222
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(a) * * *
(1) * * *
(x) The following negative declaration
for the 2008 ozone standard and 2015
ozone standard was adopted by the
District on October 28, 2019, and
submitted to EPA on December 20,
2019: EPA Control Techniques
Guidelines for the Oil and Natural Gas
Industry (453/B–16–001).
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(5) * * *
(ii) The following negative
declarations for the 2008 ozone NAAQS
were adopted by the San Diego County
Air Pollution Control District.
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:
Adopted:
12/14/2016
Submitted:
4/12/2017
SIP approved:
12/03/2020
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Negative declarations.
*
Dated: October 29, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Control of Volatile Organic Emissions from Existing Stationary
Sources—Volume II: Surface
Coating of Cans, Coils, Paper,
Fabrics, Automobiles, and LightDuty Trucks (Automobiles, and
light-duty truck coatings only).
Control of Refinery Vacuum Producing Systems, Wastewater
Separators, and Process Unit
Turnarounds.
Control of Volatile Organic Emissions from Existing Stationary
Sources—Volume III: Surface
Coating of Metal Furniture.
Control of Volatile Organic Emissions from Existing Stationary
Sources—Volume IV: Surface
Coating of Insulation of Magnet
Wire.
Control of Volatile Organic Emissions from Existing Stationary
Sources—Volume V: Surface
Coating of Large Appliances.
Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products.
(E) EPA–450/2–77–034 .....
Authority: 42 U.S.C. 7401 et seq.
Authority: 42 U.S.C. 7401 et seq.
(A) EPA–450/2–77–008 .....
(D) EPA–450/2–77–033 .....
1. The authority citation for part 52
continues to read as follows:
■
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Title
(C) EPA–450/2–77–032 .....
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
List of Subjects in 40 CFR Part 52
CTG document No.
(B) EPA–450/2–77–025 .....
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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 January 3, 2025.
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 it
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)).
Adopted:
10/14/2020
Submitted:
12/29/2020
SIP approved:
6/29/2022
Adopted:
10/14/2020
Submitted:
12/29/2020
SIP approved:
1/17/2023
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Adopted:
10/14/2020
Submitted:
12/29/2020
SIP approved:
11/4/2024
87508
Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations
CTG document No.
Title
(G) EPA–450/2–78–030 .....
Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires.
Control of Volatile Organic Emissions from Existing Stationary
Sources—Volume VII: Factory
Surface Coating of Flat Wood
Paneling.
Control of Volatile Organic Compound Leaks from Petroleum Refinery Equipment.
Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners.
Control of Volatile Organic Compound Leaks from Synthetic Organic Chemical Polymer and
Resin Manufacturing Equipment.
Control of Volatile Organic Compound Equipment Leaks from
Natural Gas/Gasoline Processing
Plants.
Control of Volatile Organic Compound Emissions from Manufacture of High-Density Polyethylene, Polypropylene, and
Polystyrene Resins.
Control of Volatile Organic Compound Emissions from Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry.
Control of Volatile Organic Compound Emissions from Reactor
Processes and Distillation Operations in Synthetic Organic
Chemical Manufacturing Industry.
Control of Volatile Organic Compound Emissions from Coating
Operations at Aerospace Manufacturing and Rework Operations.
Aerospace MACT, see the Federal
Register of 6/6/94.
Control Techniques Guidelines for
Flat Wood Paneling Coatings.
Control Techniques Guidelines for
Large Appliance Coatings.
Control Techniques Guidelines for
Metal Furniture Coatings.
Control Techniques Guidelines for
Miscellaneous Metal and Plastic
Parts Coatings Tables 3–6.
Control Techniques Guidelines for
Fiberglass Boat Manufacturing
Materials.
Control Techniques Guidelines for
Automobile and Light-Duty Truck
Assembly Coatings.
Major non-CTG VOC sources ........
Control Techniques Guidelines for
the Oil and Natural Gas Industry.
(H) EPA–450/2–78–032 .....
(I) EPA–450/2–78–036 .......
(J) EPA–450/3–82–009 ......
(K) EPA–450/3–83–006 .....
(L) EPA–450/3–83–007 ......
(M) EPA–450/3–83–008 .....
(N) EPA–450/3–84–015 .....
(O) EPA–450/4–91–031 .....
(P) EPA–453/R–97–004 .....
(Q) EPA–453/R–06–004 ....
(R) EPA 453/R–07–004 .....
(S) EPA 453/R–07—005 ....
(T) EPA–453/R–08–003 .....
(U) EPA–453/R–08–004 .....
(V) EPA–453/R–08–006 .....
(W) —N/A— .......................
(X) EPA–453/B–16–001). ...
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Adopted:
12/14/2016
Submitted:
4/12/2017
SIP approved:
12/03/2020
(iii) The following negative
declarations for the 2015 ozone NAAQS
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Adopted:
10/14/2020
Submitted:
12/29/2020
SIP approved:
6/29/2022
Adopted:
10/14/2020
Submitted:
12/29/2020
SIP approved:
1/17/2023
Adopted:
10/14/2020
Submitted:
12/29/2020
SIP approved:
11/4/2024
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were adopted by the San Diego County
Air Pollution Control District.
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CTG document No.
Title
(A) EPA–450/2–78–029 .....
Control of Volatile Organic Emissions from Manufacture of Synthesized
Pharmaceutical Products.
Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts
Coatings Tables 3–6.
Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials
Control Techniques Guidelines for the Oil and Natural Gas Industry ...........
(B) EPA–453/R–08–003 .....
(C) EPA–453/R–08–004 .....
(D) EPA–453/B–16–001) ....
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Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(202) 566–1030; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
*
[FR Doc. 2024–25560 Filed 11–1–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
I. General Information
40 CFR Part 180
[EPA–HQ–OPP–2023–0397; FRL–12201–01–
OCSPP]
Mefenoxam; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of mefenoxam in
or on Palm, oil. Syngenta Crop
Protection, LLC requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective
November 4, 2024. Objections and
requests for hearings must be received
on or before January 3, 2025, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2023–0397, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room and for the OPP
Docket is (202) 566–1744. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Charles Smith, Registration Division
(7505T), Office of Pesticide Programs,
Environmental Protection Agency, 1200
SUMMARY:
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Adopted:
10/14/2020
Submitted:
12/29/2020
SIP approved:
6/29/2022
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15:57 Nov 01, 2024
Jkt 265001
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Office of the Federal Register’s eCFR site at https://www.ecfr.gov/
current/title-40.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2023–0397 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing and must be received
by the Hearing Clerk on or before
January 3, 2025. Addresses for mail and
hand delivery of objections and hearing
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87509
Adopted:
10/14/2020
Submitted:
12/29/2020
SIP approved:
11/4/2024
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requests are provided in 40 CFR
178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2023–0397, by one of the following
methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
online instructions for submitting
comments. Do not submit electronically
any information you consider to be CBI
or other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/where-sendcomments-epa-dockets.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
II. Summary of Petitioned-For
Tolerance
In the Federal Register of September
12, 2023 (88 FR 62499) (FRL–10579–07–
OCSPP), EPA issued a document
pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing
of a pesticide petition (PP 3E9048) by
Syngenta Crop Protection, LLC, P.O.
Box 18300, Greensboro, NC 27419. The
petition requested that 40 CFR part 180
be amended by establishing tolerances
for residues of the fungicide
mefenoxam, in or on palm oil at 0.02
parts per million (ppm). That document
referenced a summary of the petition
E:\FR\FM\04NOR1.SGM
04NOR1
]]>Agencies
[Federal Register Volume 89, Number 213 (Monday, November 4, 2024)]
[Rules and Regulations]
[Pages 87505-87509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25560]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2024-0418; FRL-12225-02-R9]
Air Plan Revisions; California; San Diego County Air Pollution
Control District and Mojave Desert 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 approve revisions to the San Diego County Air Pollution
Control District (SDCAPCD) and Mojave Desert Air Quality Management
District (MDAQMD) portions of the California State Implementation Plan
(SIP). These revisions concern negative declarations for the Control
Techniques Guidelines (CTG) for the Oil and Natural Gas Industry (Oil
and Natural Gas CTG).
DATES: This rule is effective December 4, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2024-0418. 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 September 23, 2024, the EPA proposed to approve the California
Air Resources Board's (CARB) submittal of negative declarations for the
Oil and Natural Gas CTG adopted by SDCAPCD and MDAQMD.\1\ As discussed
in our proposed action, these negative declarations should provide
reasonable assurances that no sources subject to the CTG's requirements
currently exist in the relevant ozone nonattainment areas. Based on our
review, we did not identify any sources that would be subject to the
Oil and Natural Gas CTG and agreed with the SDCAPCD and MDAQMD negative
declarations. We therefore proposed approval of these negative
declarations for the Oil and Natural Gas CTG.
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\1\ 89 FR 77467.
Table 1--Submitted Documents
------------------------------------------------------------------------
Submitted
Local agency Document Adopted to EPA
------------------------------------------------------------------------
SDCAPCD............... 2020 Reasonably 10/14/2020 12/29/2020
Available Control
Technology
Demonstration for the
National Ambient Air
Quality Standards for
Ozone in San Diego
County (``2020 RACT
SIP'')--Negative
Declaration for Oil
and Natural Gas CTG.
MDAQMD................ 70 ppb Ozone Standard 10/28/2019 12/20/2019
Implementation
Evaluation: RACT SIP
Analysis; Federal
Negative
Declarations; and
Emission Statement
Certification--Negati
ve Declaration for
Oil and Natural Gas
CTG.
------------------------------------------------------------------------
As discussed in our September 23, 2024 (89 FR 77467) proposal, we
only proposed action on the negative declaration for the Oil and
Natural Gas CTG in Attachment B of the SDCAPCD submittal and did not
propose action on any other elements of the submittal. Similarly, for
the MDAQMD submittal, we only proposed action on the negative
declaration for the Oil and Natural Gas CTG in table 2 and did not
propose action on any other elements of the submittal. In both cases,
the negative declarations for the Oil and Natural Gas CTG were
submitted for the 2008 and 2015 ozone National Ambient Air Quality
Standards (NAAQS).2 3
---------------------------------------------------------------------------
\2\ Page 10 of MDAQMD 70 ppb O3 Evaluation, Final Staff Report.
\3\ Page B-10 of SDCAPCD 2020 RACT SIP, Attachment B.
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[[Page 87506]]
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received four comments. We have summarized these
comments and included our responses below.
Comment 1: One commenter inquired about grants for the
electrification of equipment on small farms and included information
regarding a certain model of electric tractor deployed in Europe.
Response 1: Our proposed action is related to oil and natural gas
sources located in certain California air districts. We do not consider
this comment to be germane because it is beyond the scope of our
proposed action.
Comment 2: One commenter expressed general support for the proposed
action and urged the EPA to adopt the proposed rulemakings.
Response 2: The EPA acknowledges the comment.
Comment 3: One commenter urged the EPA to take action to regulate
cannabis growth. The commenter asserts that cannabis cultivation is
responsible for significant emissions of greenhouse gases and that
cannabis plants themselves are a source of terpenes, which are VOCs
that ``when mixed with nitrogen oxide and sunlight, form ozone-
degrading aerosols.''
Response 3: We acknowledge the information provided by the
commenter regarding the potential for the cannabis cultivation industry
to be a source of greenhouse gas emissions and VOCs. As noted in our
response to Comment 1 of this preamble above, our proposed action is
related to oil and natural gas sources located in certain California
air districts. As a result, we do not consider this comment to be
germane because it is beyond the scope of our proposed action.
Comment 4: One commenter opposes the EPA action on the proposed
rulemakings. The commenter notes the need for ozone regulation in
southwest California under the 2008 and 2015 ozone NAAQS because ``the
ozone emitted by the oil and natural gas industries has a stronger
impact than in more temperate regions.'' The commenter suggests that
``providing a bulwark against accelerated ozone production from [these]
sources is paramount'' and concludes by stating ``if the SDCAPCD,
MDAQMD and EPA sign onto the negative decision to include oil and
natural gas industries in these portions of the California SIP, the
problem of ground-level ozone will not be fully resolved.''
Response 4: We acknowledge the commenters concerns regarding ozone
levels in southwest California and attainment of the 2008 and 2015
ozone NAAQS for the areas at issue in the EPA's proposed action.
However, we disagree with the commenter that the proposed action will
negatively impact ozone emissions in the areas at issue. We wish to
clarify that the EPA's proposed action involves a negative declaration,
not a negative decision. As discussed above and in our proposed action,
the negative declarations from SDCAPCD and MDAQMD represent their
certifications that there are no sources subject to the Oil and Natural
Gas CTG present in their jurisdictions. A negative declaration does not
exempt sources from regulation, and if sources subject to the Oil and
Natural Gas CTG subsequently came to exist in either of the Districts,
CAA sections 182(b)(2) and (f) would require that District to adopt
control measures implementing RACT for the CTG.\4\
---------------------------------------------------------------------------
\4\ In a separate action earlier this year, the EPA proposed to
approve a California statewide regulation into the California SIP
for those areas that need to regulate sources covered by the Oil and
Natural Gas CTG. See 89 FR 36729 (May 3, 2024).
---------------------------------------------------------------------------
III. EPA Action
None of the comments submitted change our assessment of the SIP
revision as described in the proposed action at issue. Therefore, as
authorized in section 110(k)(3) of the Act, the EPA is approving
SDCAPCD's and MDAQMD's negative declarations for the Oil and Natural
Gas CTG because they fulfill the relevant requirements in CAA sections
110(a), 110(l), and 182(b)(2). In addition, our approval of SDCAPCD's
negative declaration terminates the EPA's obligation to promulgate a
Federal Implementation Plan (FIP) for SDCAPCD arising from our November
16, 2020 finding of failure to submit for the Oil and Natural Gas
CTG.\5\
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\5\ November 16, 2020. 85 FR 72963. Our November 16, 2020
finding of failure to submit also triggered offset sanctions and
highway funding sanctions. These sanctions clocks were extinguished
by SDCAPCD's December 29, 2020 submittal and our May 6, 2021 letter
determining that the District's negative declaration submittal was
complete. See Docket Item B-01.
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IV. Statutory and Executive Order Reviews
Under the Clean Air Act, 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. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
In addition, 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. In those areas of
Indian country, the rule does not have Tribal implications and will not
impose substantial direct costs on Tribal governments or preempt Tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
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 communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
The EPA defines 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
[[Page 87507]]
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 Districts did not evaluate EJ 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. Due to the nature of
the action being taken here, this action is expected to have a neutral
to positive impact on the air quality of the affected area.
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 EJ for communities with EJ concerns.
This action is subject to the Congressional Review Act (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).
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 January 3, 2025. 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 it shall not postpone the
effectiveness of such rule or action. This action may not be challenged
later in proceedings to enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 29, 2024.
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. Amend Sec. 52.222 by adding paragraph (a)(1)(x) and revising
paragraphs (a)(5)(ii) and (iii) to read as follows.
Sec. 52.222 Negative declarations.
* * * * *
(a) * * *
(1) * * *
(x) The following negative declaration for the 2008 ozone standard
and 2015 ozone standard was adopted by the District on October 28,
2019, and submitted to EPA on December 20, 2019: EPA Control Techniques
Guidelines for the Oil and Natural Gas Industry (453/B-16-001).
* * * * *
(5) * * *
(ii) The following negative declarations for the 2008 ozone NAAQS
were adopted by the San Diego County Air Pollution Control District.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Adopted: 12/14/ Adopted: 10/14/ Adopted: 10/14/ Adopted: 10/14/
2016 Submitted: 4/ 2020 Submitted: 2020 Submitted: 2020 Submitted:
CTG document No. Title 12/2017 SIP 12/29/2020 SIP 12/29/2020 SIP 12/29/2020 SIP
approved: 12/03/ approved: 6/29/ approved: 1/17/ approved: 11/4/
2020 2022 2023 2024
--------------------------------------------------------------------------------------------------------------------------------------------------------
(A) EPA-450/2-77-008........................ Control of Volatile Organic X
Emissions from Existing
Stationary Sources--Volume
II: Surface Coating of Cans,
Coils, Paper, Fabrics,
Automobiles, and Light-Duty
Trucks (Automobiles, and
light-duty truck coatings
only).
(B) EPA-450/2-77-025........................ Control of Refinery Vacuum X
Producing Systems, Wastewater
Separators, and Process Unit
Turnarounds.
(C) EPA-450/2-77-032........................ Control of Volatile Organic X
Emissions from Existing
Stationary Sources--Volume
III: Surface Coating of Metal
Furniture.
(D) EPA-450/2-77-033........................ Control of Volatile Organic X
Emissions from Existing
Stationary Sources--Volume
IV: Surface Coating of
Insulation of Magnet Wire.
(E) EPA-450/2-77-034........................ Control of Volatile Organic X
Emissions from Existing
Stationary Sources--Volume V:
Surface Coating of Large
Appliances.
(F) EPA-450/2-78-029........................ Control of Volatile Organic ................. X
Emissions from Manufacture of
Synthesized Pharmaceutical
Products.
[[Page 87508]]
(G) EPA-450/2-78-030........................ Control of Volatile Organic X
Emissions from Manufacture of
Pneumatic Rubber Tires.
(H) EPA-450/2-78-032........................ Control of Volatile Organic X
Emissions from Existing
Stationary Sources--Volume
VII: Factory Surface Coating
of Flat Wood Paneling.
(I) EPA-450/2-78-036........................ Control of Volatile Organic X
Compound Leaks from Petroleum
Refinery Equipment.
(J) EPA-450/3-82-009........................ Control of Volatile Organic X
Compound Emissions from Large
Petroleum Dry Cleaners.
(K) EPA-450/3-83-006........................ Control of Volatile Organic X
Compound Leaks from Synthetic
Organic Chemical Polymer and
Resin Manufacturing Equipment.
(L) EPA-450/3-83-007........................ Control of Volatile Organic X
Compound Equipment Leaks from
Natural Gas/Gasoline
Processing Plants.
(M) EPA-450/3-83-008........................ Control of Volatile Organic X
Compound Emissions from
Manufacture of High-Density
Polyethylene, Polypropylene,
and Polystyrene Resins.
(N) EPA-450/3-84-015........................ Control of Volatile Organic X
Compound Emissions from Air
Oxidation Processes in
Synthetic Organic Chemical
Manufacturing Industry.
(O) EPA-450/4-91-031........................ Control of Volatile Organic X
Compound Emissions from
Reactor Processes and
Distillation Operations in
Synthetic Organic Chemical
Manufacturing Industry.
(P) 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 6/6/94.
(Q) EPA-453/R-06-004........................ Control Techniques Guidelines X
for Flat Wood Paneling
Coatings.
(R) EPA 453/R-07-004........................ Control Techniques Guidelines X
for Large Appliance Coatings.
(S) EPA 453/R-07--005....................... Control Techniques Guidelines X
for Metal Furniture Coatings.
(T) EPA-453/R-08-003........................ Control Techniques Guidelines ................. X
for Miscellaneous Metal and
Plastic Parts Coatings Tables
3-6.
(U) EPA-453/R-08-004........................ Control Techniques Guidelines ................. X
for Fiberglass Boat
Manufacturing Materials.
(V) EPA-453/R-08-006........................ Control Techniques Guidelines X
for Automobile and Light-Duty
Truck Assembly Coatings.
(W) --N/A--................................. Major non-CTG VOC sources..... ................. ................. X
(X) EPA-453/B-16-001)....................... Control Techniques Guidelines ................. ................. ................. X
for the Oil and Natural Gas
Industry.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(iii) The following negative declarations for the 2015 ozone NAAQS
were adopted by the San Diego County Air Pollution Control District.
[[Page 87509]]
----------------------------------------------------------------------------------------------------------------
Adopted: 10/14/ Adopted: 10/14/
2020 Submitted: 2020 Submitted:
CTG document No. Title 12/29/2020 SIP 12/29/2020 SIP
approved: 6/29/ approved: 11/4/
2022 2024
----------------------------------------------------------------------------------------------------------------
(A) EPA-450/2-78-029....................... Control of Volatile Organic X
Emissions from Manufacture
of Synthesized
Pharmaceutical Products.
(B) EPA-453/R-08-003....................... Control Techniques Guidelines X
for Miscellaneous Metal and
Plastic Parts Coatings
Tables 3-6.
(C) EPA-453/R-08-004....................... Control Techniques Guidelines X
for Fiberglass Boat
Manufacturing Materials.
(D) EPA-453/B-16-001)...................... Control Techniques Guidelines ................. X
for the Oil and Natural Gas
Industry.
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* * * * *
[FR Doc. 2024-25560 Filed 11-1-24; 8:45 am]
BILLING CODE 6560-50-P
