[Federal Register Volume 83, Number 67 (Friday, April 6, 2018)]
[Rules and Regulations]
[Pages 14754-14756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06795]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2008-0612; FRL-9976-06-Region 9]


Approval of California Air Plan Revisions, Yolo-Solano 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 a revision to the Yolo-Solano Air Quality Management 
District (YSAQMD or ``District'') portion of the California State 
Implementation Plan (SIP). This revision concerns the District's 
demonstration regarding Reasonably Available Control Technology (RACT) 
requirements for the 1997 8-hour ozone National Ambient Air Quality 
Standard (NAAQS). The EPA is also taking final action to approve 
YSAQMD's negative declarations into the SIP for the 1997 8-hour ozone 
NAAQS. We are approving local SIP revisions under the Clean Air Act 
(CAA or the Act).

DATES: This rule will be effective on May 7, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2008-0612. 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 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.

FOR FURTHER INFORMATION CONTACT: Stanley Tong, EPA Region IX, (415) 
947-4122, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On January 8, 2018 (83 FR 764), the EPA proposed to approve the 
following documents submitted by the California Air Resources Board 
(CARB) into the California SIP.
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    \1\ On December 22, 2017, CARB transmitted YSAQMD's public draft 
version of negative declarations for four Control Techniques 
Guidelines (CTG) documents along with a request for parallel 
processing. Under the EPA's parallel processing procedure, the EPA 
proposes rulemaking action concurrently with the state's proposed 
rulemaking. If the state's proposed rule is changed, the EPA will 
evaluate that subsequent change and may publish another notice of 
proposed rulemaking. If no significant change is made, the EPA will 
publish a final rulemaking on the rule after responding to any 
submitted comments. Final rulemaking action by the EPA will occur 
only after the rule has been fully adopted by California and 
submitted formally to the EPA for incorporation into the SIP. See 40 
CFR part 51, appendix V. The YSAQMD's Governing Board adopted the 
four negative declarations on January 10, 2018.

----------------------------------------------------------------------------------------------------------------
             Local agency                               Document                      Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
YSAQMD................................  Reasonably Available Control Technology        9/13/2006       1/31/2007
                                         (RACT) State Implementation Plan (SIP)
                                         (``2006 RACT SIP'').
YSAQMD................................  Adoption of Four Negative Declarations:    \1\ 1/10/2018       2/22/2018
                                         EPA 450/2-78-029--Control of Volatile
                                         Organic Emissions from Manufacture of
                                         Synthesized Pharmaceutical Products;
                                        EPA 453/R-96-007--Control of Volatile
                                         Organic Emissions from Wood Furniture
                                         Manufacturing Operations;
                                        EPA 450/3-84-015--Control of Volatile
                                         Organic Compound Emissions from Air
                                         Oxidation Processes in Synthetic
                                         Organic Chemical Manufacturing
                                         Industry; and
                                        EPA450/4-91-031--Control of Volatile
                                         Organic Compound Emissions from Reactor
                                         Processes and Distillation Operations
                                         in Synthetic Organic Chemical
                                         Manufacturing Industry.
----------------------------------------------------------------------------------------------------------------


[[Page 14755]]

    We had previously proposed to disapprove YSAQMD's 2006 RACT SIP,\2\ 
but withdrew that proposal \3\ because we found that the District has 
addressed the identified deficiencies by adopting approvable rules that 
implement RACT and by adopting negative declarations where the District 
concluded it had no sources subject to RACT recommendations in certain 
Control Techniques Guidelines (CTG) categories.
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    \2\ See 73 FR 48166 (August 18, 2008).
    \3\ See 83 FR 764 (January 8, 2018).
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    Our proposed rule also stated that we would not take final action 
until CARB submitted the four adopted negative declarations to the EPA 
as a SIP revision. On January 10, 2018, the YSAQMD held a public 
hearing and approved the four negative declarations and transmitted the 
approval package to CARB for adoption and submittal to the EPA. On 
February 22, 2018, the CARB Executive Officer adopted and submitted to 
the EPA for approval YSAQMD's negative declarations as a revision to 
the California SIP, thereby satisfying the prerequisite \4\ for final 
EPA action.
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    \4\ As explained in our January 8, 2018 proposed rulemaking, the 
EPA is following established procedures for parallel processing that 
allows us to approve a state provision so long as it was adopted as 
proposed with no significant changes. YSAQMD adopted the four 
negative declarations, as proposed in its parallel processing 
request to the EPA, with no changes.
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    On March 7, 2018, we found the negative declaration submittal met 
the completeness criteria in 40 CFR part 52, appendix V. Today, we take 
final action to approve the 2006 RACT SIP submitted on January 31, 
2007, and the four negative declarations submitted on February 22, 
2018.
    For more background information on the 2006 RACT SIP, four negative 
declarations and our evaluation of them for compliance with CAA 
requirements, please see our proposed rule and related technical 
support documents (TSDs).

II. Public Comments

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received two anonymous comments.\5\ The 
commenters raised issues that are outside of the scope of this 
rulemaking, including wildfire suppression, high-hazard potential dams, 
maintenance of dams to reduce chances of dam failure, and climate 
change. The EPA is required to approve a state submittal if the 
submittal meets all applicable requirements. 42 U.S.C. 7410(k)(3). The 
commenters did not raise any specific issues germane to the 
approvability of the YSAQMD's RACT SIP and negative declarations.
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    \5\ Between 2008-2009, YSAQMD submitted three supplemental 
documents to partially address issues raised in the EPA's August 18, 
2008 proposed action (73 FR 48166). These supplemental documents are 
filed under ``comments'' in the docket at https://www.regulations.gov/docket?D=EPA-R09-OAR-2008-0612. Only two 
comments were received during the January-February 2018 public 
comment period.
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III. EPA Action

    No comments were submitted that change our assessment of the SIP 
submittals as described in our January 8, 2018 proposed action. 
Therefore, as authorized in section 110(k)(3) of the Act, the EPA is 
fully approving YSAQMD's 2006 RACT SIP submitted on January 31, 2007, 
and four negative declarations submitted on February 22, 2018.

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 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    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).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. 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 June 5, 2018. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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).)

[[Page 14756]]

List of Subjects in 40 CFR Part 52

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

    Dated: March 16, 2018.
Alexis Strauss,
Acting Regional Administrator, Region IX.
    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended 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 paragraphs (c)(358)(ii)(B) and 
(c)(501) to read as follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (358) * * *
    (ii) * * *
    (B) Yolo-Solano Air Quality Management District.
    (1) Reasonably Available Control Technology (RACT) State 
Implementation Plan (SIP), adopted on September 13, 2006.
* * * * *
    (501) The following plan revision was submitted on February 22, 
2018 by the Governor's designee.
    (i) [Reserved]
    (ii) Additional materials. (A) Yolo-Solano Air Quality Management 
District.
    (1) Adoption of Four Negative Declarations; Resolution No. 18-01 
adopted January 10, 2018.

0
3. Section 52.222 is amended by adding paragraph (a)(14) to read as 
follows:


Sec.  52.222  Negative declarations.

    (a) * * *
    (14) Yolo-Solano Air Quality Management District.
    (i) The following negative declarations are for the 1997 8-hour 
ozone NAAQS.

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                                       Negative declaration CTG     Submitted 1/31/07,      Submitted 2/22/18,
        CTG source category               reference document          adopted 9/13/06         adopted 1/10/18
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Aerospace..........................  EPA-453/R-97-004 Aerospace   X.....................  ......................
                                      Manufacturing and Rework
                                      Operations.
Ships..............................  61 FR 44050 Shipbuilding     X.....................  ......................
                                      and Ship Repair.
Metal Coil Container and Closure...  EPA-450/2-77-008 Surface     X.....................  ......................
                                      Coating of Cans, Coils,
                                      Paper, Fabrics,
                                      Automobiles, and Light-
                                      Duty Trucks.
Magnetic Wire......................  EPA-450/2-77-033 Surface     X.....................  ......................
                                      Coating of Insulation of
                                      Magnet Wire.
Natural Gas/Gasoline Processing      EPA-450/2-83-007 Equipment   X.....................  ......................
 Plants, Equipment Leaks.             Leaks from Natural Gas/
                                      Gasoline Processing Plants.
Refineries.........................  EPA-450/2-77-025 Refinery    X.....................  ......................
                                      Vacuum Producing Systems,
                                      Wastewater Separators, and
                                      Process Unit Turnarounds.
                                     EPA-450/2-78-036 VOC Leaks   X.....................  ......................
                                      from Petroleum Refinery
                                      Equipment.
Paper and Fabric...................  EPA-450/2-77-008 Surface     X.....................  ......................
                                      Coating of Cans, Coils,
                                      Paper, Fabrics,
                                      Automobiles, and Light-
                                      Duty Trucks.
Dry Cleaning.......................  EPA-450/3-82-009 Large       X.....................  ......................
                                      Petroleum Dry Cleaners.
Rubber Tires.......................  EPA-450/2-78-030             X.....................  ......................
                                      Manufacture of Pneumatic
                                      Rubber Tires.
Large Appliances, Surface Coating..  EPA-450/2-77-034 Surface     X.....................  ......................
                                      Coating of Large
                                      Appliances.
Wood Coating.......................  EPA-450/2-78-032 Factory     X.....................  ......................
                                      Surface of Flat Wood
                                      Paneling.
Polyester Resin....................  EPA-450/3-83-006 Fugitive    X.....................  ......................
                                      Emissions from Synthetic
                                      Organic Chemical Polymer
                                      and Resin Manufacturing
                                      Equipment.
                                     EPA-450/3-83-008             X.....................  ......................
                                      Manufacture of High-
                                      Density Polyethylene,
                                      Polypropylene, and
                                      Polystyrene Resins.
Pharmaceutical Products............  EPA-450/2-78-029--Control    ......................  X
                                      of Volatile Organic
                                      Emissions from Manufacture
                                      of Synthesized
                                      Pharmaceutical Products.
Wood Furniture Coating.............  EPA-453/R-96-007--Control    ......................  X
                                      of Volatile Organic
                                      Emissions from Wood
                                      Furniture Manufacturing
                                      Operations.
Synthetic Organic Chemical.........  EPA-450/3-84-015--Control    ......................  X
                                      of Volatile Organic
                                      Compound Emissions from
                                      Air Oxidation Processes in
                                      Synthetic Organic Chemical
                                      Manufacturing Industry.
                                     EPA-450/4-91-031--Control    ......................  X
                                      of Volatile Organic
                                      Compound Emissions from
                                      Reactor Processes and
                                      Distillation Operations in
                                      Synthetic Organic Chemical
                                      Manufacturing Industry.
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    (ii) [Reserved]
* * * * *
[FR Doc. 2018-06795 Filed 4-5-18; 8:45 am]
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