
[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Rules and Regulations]
[Pages 38959-38966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16627]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0164; FRL-9927-76-Region 9]


Revisions to the California State Implementation Plan, Feather 
River Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the Feather River Air Quality 
Management District (FRAQMD or the District) portion of the California 
State Implementation Plan (SIP). Included in this approval are the 
following three SIP demonstrations from FRAQMD: 2006 Reasonably 
Available Control Technology (RACT) Analysis for State Implementation 
Plan (SIP), November 2006; Reasonably Available Control Technology 
State Implementation Plan Revision Negative Declaration for Control 
Techniques Guidelines Issued 2006-2008, June 1, 2009 and; Reasonably 
Available Control Technology Analysis and Negative Declarations, July 
3, 2014. The first two demonstrations address the 1997 8-hour National 
Ambient Air Quality Standards (NAAQS) for ozone, and the third 
demonstration addresses the 2008 8-hour NAAQS for ozone. These 
submitted SIP revisions contain FRAQMD's negative declarations for 
volatile organic compound (VOC) source categories. We are approving the 
submitted SIP revisions under the Clean Air Act as amended in 1990 (CAA 
or the Act). We are also approving a local rule to regulate VOC 
emissions from gasoline dispensing facilities.

DATES: This rule is effective on September 8, 2015 without further 
notice, unless EPA receives adverse comments by August 7, 2015. If we 
receive such comments, we will publish a timely withdrawal in the 
Federal Register to notify the public that this direct final rule will 
not take effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2015-0164, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email: steckel.andrew@epa.gov.
    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at www.regulations.gov, 
including any personal information provided, unless the comment 
includes Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Information that you 
consider CBI or otherwise protected should be clearly identified as 
such and should not be submitted through www.regulations.gov or email. 
www.regulations.gov is an ``anonymous access'' system, and EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send email directly to EPA, your email 
address will be automatically captured and included as part of the 
public comment. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses.
    Docket: Generally, documents in the docket for this action are 
available electronically at www.regulations.gov and in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California. While all 
documents in the docket are listed at www.regulations.gov, some 
information may be publicly available only at the hard copy location 
(e.g., copyrighted material, large maps), and some may not be publicly 
available in either location (e.g., CBI). To inspect the hard copy 
materials, please schedule an appointment during normal business hours 
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: James Shears, EPA Region IX, (213) 
244-1810, shears.james@epa.gov.

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

Table of Contents

I. The State's Submittal
    A. What documents and what rule did the state submit?
    B. Are there other versions of the documents and rule?
    C. What is the purpose of the RACT SIP submissions and the 
purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the RACT SIP submissions and the rule?
    B. Do the RACT SIP submissions and the rule meet the evaluation 
criteria?
    C. EPA's Recommendations To Strengthen the RACT SIP and To 
Further Improve the Rule
    D. Public Comment and Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

[[Page 38960]]

I. The State's Submittal.

A. What documents and what rule did the state submit?

    Table 1 lists the RACT SIP documents addressed by this action with 
the date that each one was adopted by the local air agency and 
submitted to EPA by the California Air Resources Board (CARB).

                      Table 1--Submitted Documents
------------------------------------------------------------------------
   Local agency           Document            Adopted        Submitted
------------------------------------------------------------------------
FRAQMD............  2006 Reasonably              12/4/06         7/11/07
                     Available Control
                     Technology (RACT)
                     Analysis for State
                     Implementation Plan
                     (SIP) (``2006 RACT
                     SIP'').
FRAQMD............  Reasonably Available          6/1/09        10/27/09
                     Control Technology
                     State
                     Implementation Plan
                     Revision, Negative
                     Declaration for
                     Control Techniques
                     Guidelines Issued
                     2006-2008 (``2009
                     RACT SIP'').
FRAQMD............  Reasonably Available          8/4/14         9/29/14
                     Control Technology
                     Analysis and
                     Negative
                     Declarations
                     (``2014 RACT SIP'').
------------------------------------------------------------------------

    The FRAQMD 2006 RACT SIP submittal became complete by operation of 
law on January 11, 2008, and the FRAQMD 2009 RACT SIP submittal became 
complete by operation of law on April 27, 2010, each pursuant to CAA 
section 110(k)(1)(B). On January 23, 2015, EPA determined that the 
submittal for the FRAQMD 2014 RACT SIP met the completeness criteria in 
40 CFR part 51 Appendix V, which must be met before formal EPA review.
    For the rule submitted by the state, Table 2 lists the rule we are 
approving with the dates it was adopted by the local air agency and 
submitted to EPA by CARB.

                                             Table 2--Submitted Rule
----------------------------------------------------------------------------------------------------------------
         Local agency             Rule No.                Document                  Amended         Submitted
----------------------------------------------------------------------------------------------------------------
FRAQMD........................          3.8   Gasoline Dispensing Facilities..          6/2/14          11/6/14
----------------------------------------------------------------------------------------------------------------

B. Are there other versions of these documents and the rule?

    There are no previous submitted versions of FRAQMD's 2006, 2009, 
and 2014 RACT SIPs. For Rule 3.8, we approved an early version: The 
Sutter County Rule 3.08(3.8), ``Storage and Transfer of Gasoline'', on 
May 3, 1982 (47 FR 18856). With the formation of FRAQMD in 1991, this 
rule was adopted with identical language in June 1991 to apply beyond 
just Sutter County to the entire larger FRAQMD area.

C. What is the purpose of the RACT SIP submissions and the submitted 
rule revision?

    VOCs and nitrogen oxides (NOX) help produce ground-level 
ozone and smog, which harm human health and the environment. Section 
110(a) of the CAA requires states to submit enforceable regulations 
that control VOC and NOX emissions. Sections 182(b)(2) and 
(f) require that SIPs for ozone nonattainment areas classified as 
moderate or above require implementation of RACT for any source covered 
by an EPA Control Techniques Guidance (CTG) document and any other 
major stationary source of VOCs or NOX. FRAQMD is subject to 
this requirement as the southern part of Sutter County in FRAQMD is 
designated and classified as a severe ozone nonattainment area for the 
1997 and 2008 8-hour NAAQS for ozone (see 40 CFR 81.305). Therefore, 
FRAQMD must, at a minimum, adopt RACT-level controls for all sources 
covered by a CTG document and for all major non-CTG stationary sources 
of VOCs or NOX in south Sutter County. The District adopted 
its 2006 RACT SIP, with negative declarations, on December 4, 2006. 
FRAQMD adopted its 2009 RACT SIP revision, which included negative 
declarations for 11 new or updated CTGs issued from 2006 to 2008, on 
June 1, 2009. FRAQMD adopted its 2014 RACT SIP, with negative 
declarations, on August 2014. No comments were received on any of the 
three RACT SIP demonstrations. Along with the 2014 RACT SIP adoption, 
FRAQMD adopted Rule 3.8 which is designed to limit VOC emissions from 
displaced gasoline vapors while transferring gasoline into storage 
tanks and transport vessels. This rule is intended to fully satisfy the 
CTG design criteria for Stage I vapor control systems.

II. EPA's Evaluation and Action

A. How is EPA evaluating the RACT SIP submissions and the submitted 
rule revision?

    FRAQMD regulates the Yuba County and Sutter County portions of the 
Sacramento Valley Air Basin. The southern part of Sutter County is 
designated and classified as a severe ozone nonattainment area for the 
1997 and 2008 8-hour national ambient air quality standards (NAAQS) for 
ozone (40 CFR 81.305). CAA Section 182(b)(2) and (f), as well as 40 CFR 
51.912(a)(1) require that SIPs for ozone nonattainment areas classified 
as moderate or above require implementation of RACT for any source 
covered by a CTG document and any other major stationary source of VOCs 
or NOX. Any stationary source that emits or has a potential 
to emit at least 25 tons per year (tpy) of VOCs or NOX in a 
severe ozone nonattainment area is considered a major stationary source 
(see CAA sections 182(b(2)) and (f) and 302(j)). Where there are no 
existing sources covered by a particular CTG document or no other major 
stationary sources of VOCs or NOX, states may, in lieu of 
adopting RACT requirements, adopt negative declarations certifying that 
there are no such sources in the relevant nonattainment area (see 
Memorandum from William T. Harnett to Regional Air Division Directors, 
(May 18, 2006), ``RACT Qs & As--Reasonably Available Control Technology 
(RACT) Questions and Answers'' page 7).
    SIP rules must be enforceable (see CAA section 110(a)(2)), must not 
interfere with applicable requirements concerning attainment and 
reasonable further progress or other CAA requirements (see CAA section 
110(l)),

[[Page 38961]]

and must not modify certain SIP control requirements in nonattainment 
areas without ensuring equivalent or greater emissions reductions (see 
CAA section 193).
    Guidance and policy documents that we used to evaluate CAA section 
182 RACT SIPs for FRAQMD include the following:
    1. ``Final Rule to Implement the 8-Hour Ozone National Ambient Air 
Quality Standard--Phase 2'' (70 FR 71612; November 29, 2005).
    2. ``Air Quality Designations and Classifications for the 8-Hour 
Ozone National Ambient Air Quality Standards; Early Action Compact 
Areas With Deferred Dates''--Final Rule (69 FR 23858; April 30, 2004).
    3. ``State Implementation Plans, General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990'' (57 
FR 13498; April 16, 1992).
    4. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations: Clarification to Appendix D of November 24, 1987 Federal 
Register, May 25, 1988, Revised January 11, 1990, U.S. EPA, Air Quality 
Management Division, Office of Air Quality Planning and Standards 
(``The Blue Book'').
    5. Guidance Document for Correcting Common VOC and Other Rule 
Deficiencies, August 21, 2001, U.S. EPA Region IX (the ``Little 
Bluebook'').
    6. ``State Implementation Plans; Nitrogen Oxides Supplement to the 
General Preamble for the Implementation of Title I of the Clean Air Act 
Amendments of 1990'' (57 FR 55620, November 25, 1992) (``the 
NOX Supplement'').
    7. Memorandum from William T. Harnett to Regional Air Division 
Directors, (May 18, 2006), ``RACT Qs & As--Reasonably Available Control 
Technology (RACT) Questions and Answers.''
    8. RACT SIPs, Letter dated March 9, 2006 from EPA Region IX (Andrew 
Steckel) to CARB (Kurt Karperos) describing Region IX's understanding 
of what constitutes a minimally acceptable RACT SIP.
    9. ``Final Rule to Implement the 1997 8-Hour Ozone National Ambient 
Air Quality Standard: Classification of Areas That Were Initially 
Classified Under Subpart 1; Revision of the Anti-Backsliding Provisions 
To Address 1-Hour Contingency Measure Requirements; Deletion of 
Obsolete 1-Hour Standard Provision''--Final Rule (77 FR 28424; May 14, 
2012).
    10. ``Model Volatile Organic Compound Rules for Reasonably 
Available Control Technology'', EPA (June 1992).
    11. Beyond VOC RACT Requirements'', EPA (April 1995).
    12. EPA's CTGs http://www.epa.gov/glo/SIPToolkit/ctgs.html.
    13. CARB's emissions inventory database http://www.arb.ca.gov/app/emsinv/facinfo/facinfo.php
    14. FRAQMD, CARB and EPA Region IX databases of FRAQMD rules--
FRAQMD: http://myairdistrict.com/index.php?Itemid=71
    CARB: http://www.arb.ca.gov/ridb.htm
    EPA: http://epa.gov/region09/air/sips/index.html
    15. Implementation of the 2008 National Ambient Air Quality 
Standards for Ozone: State Implementation Plan Requirements''--Final 
Rule (80 FR 12264; March 6, 2015).

B. Does the RACT SIP submission meet the evaluation criteria?

    The 2006, 2009 and 2014 RACT SIPs each includes three elements, as 
described further below:
    1. Evaluations of VOC and NOX rules for sources subject 
to a CTG.
    2. Negative declarations where there are no facilities subject to a 
CTG.
    3. Negative declaration for major non-CTG sources of VOC or 
NOX.
    A summary of our evaluation of each element is provided below. For 
additional information concerning our evaluation, please refer to the 
Technical Support Documents (TSDs) concerning the 2006, 2009 and 2014 
RACT SIPs and FRAQMD Rule 3.8, which are available in the docket for 
this action.
1. Evaluations of VOC and NOX Rules for Sources Subject to a 
CTG
    We believe that Rule 3.8 is consistent with the relevant 
requirements, as well as policy and guidance regarding enforceability, 
RACT, and SIP relaxations. We are not aware of information suggesting 
that additional controls are needed to fulfill RACT.
2. Negative Declarations Where There are no Facilities Subject to a CTG
    Negative declarations are only required for CTG source categories 
for which the District has no sources covered by the CTG. A negative 
declaration is not required for non-CTG source categories. Table 3 
below lists the CTG source categories for the 2006, 2009 and 2014 RACT 
SIPs. The District indicated it does not currently have, nor does it 
anticipate sources subject to the CTGs in these categories in the 
future. We searched CARB's emissions inventory database to verify there 
are no facilities in FRAQMD that might be subject to the CTGs listed 
below. We concur with the District's negative declarations.

                      Table 3--Negative Declarations for the 2006, 2009 and 2014 RACT SIPS
----------------------------------------------------------------------------------------------------------------
                                                 Negative declaration CTG      2006 RACT   2009 RACT   2014 RACT
             CTG source category                    reference document            SIP         SIP         SIP
----------------------------------------------------------------------------------------------------------------
Aerospace...................................  EPA-453/R-97-004--Control of            X   ..........          X
                                               VOC Emissions from Coating
                                               Operations at Aerospace
                                               Manufacturing and Rework.
Automobile Coating; Metal Coil Container, &   EPA-450/2-77-008--Control of            X   ..........          X
 Closure; Paper & Fabric.                      Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume II Surface
                                               Coating of Cans, Coils,
                                               Paper, Fabrics, Automobiles,
                                               and Light-Duty Trucks.
Automobile and Light-Duty Truck Assembly      EPA-453/R-08-006--Control       ..........          X           X
 Coatings.                                     Techniques Guidelines for
                                               Automobile and Light-Duty
                                               Assembly Coatings.
Cutback Asphalt.............................  EPA-450/2-77-037--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Use of Cutback Asphalt.
Dry Cleaning................................  EPA-450/3-82-009--Control of            X   ..........          X
                                               Volatile Organic Compound
                                               Emissions from Large
                                               Petroleum Dry Cleaners.
Flat Wood Paneling Coatings.................  EPA-453/R-06-004--Control       ..........          X           X
                                               Techniques Guidelines for
                                               Flat Wood Paneling Coatings.
Fiberglass Boat Manufacturing Materials.....  EPA-453/R-08-004--Control       ..........          X           X
                                               Techniques Guidelines for
                                               Fiberglass Boat Manufacturing
                                               Materials.
Flexible Package Printing...................  EPA-453/R06-003--Control        ..........          X           X
                                               Techniques Guidelines for
                                               Flexible Package Printing.

[[Page 38962]]

 
Gasoline Loading Terminal...................  EPA-450/2-77-026--Control of            X   ..........          X
                                               Hydrocarbons from Tank Truck
                                               Gasoline Loading Terminals.
Gasoline Trucks.............................  EPA-450/2-78-051--Control of            X   ..........          X
                                               Volatile Organic Compound
                                               Leaks from Gasoline Tank
                                               Trucks and Vapor Collection
                                               Systems.
Gasoline Bulk Plants........................  EPA-450/2-77-035--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Gasoline Bulk Plants.
Graphic Arts Rotogravure and Flexography....  EPA-450/2-78-033--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume VIII:
                                               Rotogravure and Flexography.
Industrial Cleaning Solvents................  EPA-453/R-06-001--Control               X           X           X
                                               Techniques Guidelines for
                                               Industrial Cleaning Solvents.
Large Appliance Coating.....................  EPA-450/2-77-034--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources, Volume V: Surface
                                               Coating of Large Appliances.
Large Appliance Coating.....................  EPA-453/R-07-004--Control       ..........          X           X
                                               Techniques for Large
                                               Appliance Coatings.
Magnet Wire Coating.........................  EPA-450/2-77-033--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume IV: Surface
                                               Coating of Insulation of
                                               Magnet Wire.
Metal Can Coating; Metal Coil Coating.......  EPA-450/2-77-008--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume II: Surface
                                               Coating of Cans, Coils,
                                               Paper, Fabrics, Automobiles,
                                               and Light-Duty Trucks.
Metal Furniture.............................  EPA-450/2-77-032--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume III: Surface
                                               Coating of Metal Furniture.
Metal Furniture Coatings....................  EPA-453/R-07-005--Control       ..........          X           X
                                               Techniques Guidelines for
                                               Metal Furniture Coatings.
Metal Parts and Products....................  EPA-450/2-78-015--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume VI: Surface
                                               Coating of Miscellaneous
                                               Parts and Products.
Miscellaneous Industrial Adhesives..........  EPA-453/R-08-005--Control               X           X           X
                                               Techniques Guidelines for
                                               Miscellaneous Industrial
                                               Adhesives.
Miscellaneous Metal and Plastic Parts         EPA-453/R-08-003--Control       ..........          X           X
 Coatings.                                     Techniques Guidelines for
                                               Miscellaneous Metal and
                                               Plastic Parts Coatings.
Natural Gas/Gasoline........................  EPA-450/2-83-007--Control of            X   ..........          X
                                               VOC Equipment Leaks from
                                               Natural Gas/Gasoline
                                               Processing Plants.
Offset Lithographic Printing and Letterpress  EPA-453/R-06-002--Control       ..........          X           X
 Printing.                                     Techniques Guidelines for
                                               Offset Lithographic Printing
                                               and Letterpress Printing.
Paper and Fabric Coating....................  EPA-450/2-77-008--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume II: Surface
                                               Coating of Cans, Coils,
                                               Paper, Fabrics, Automobiles,
                                               and Light-Duty Trucks.
Paper, Film, and Foil Coatings..............  EPA-453/R-07-003--Control       ..........          X           X
                                               Techniques Guidelines for
                                               Paper, Film, and Foil
                                               Coatings.
Perchloroethylene Dry Cleaning Systems\1\...  EPA-450/2-78-050--Control of    ..........  ..........          X
                                               Volatile Organic Emissions
                                               from Perchloroethylene Dry
                                               Cleaning Systems.
Petroleum Liquid Storage Tanks..............  EPA-450/2-77-036--Control of            X   ..........          X
                                               VOC Emissions from Storage of
                                               Petroleum Liquids in Fixed
                                               Roof Tanks.
Petroleum Liquid Storage Tanks..............  EPA-450/2-78-047--Control of            X   ..........          X
                                               VOC Emissions from Petroleum
                                               Liquid Storage in External
                                               Floating Roof Tanks.
Pharmaceutical Products.....................  EPA-450/2-78-029--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Manufacture of
                                               Synthesized Pharmaceutical
                                               Products.
Resin Manufacturing.........................  EPA-450/3-83-008--Control of            X   ..........          X
                                               VOC Emissions from
                                               Manufacture of High-Density
                                               Polyethylene, Polypropylene,
                                               and Polystyrene Resins.
Resin Manufacturing.........................  EPA-450/3-83-006--Control of            X   ..........          X
                                               VOC Fugitive Emissions from
                                               Synthetic Organic Chemical
                                               Polymer and Resin
                                               Manufacturing Equipment.
Refineries..................................  EPA-450/2-77-025--Control of            X   ..........          X
                                               Refinery Vacuum Producing
                                               Systems, Wastewater
                                               Separators, and Process Unit
                                               Turnarounds.
Refineries..................................  EPA-450/2-78-036--Control of            X   ..........          X
                                               VOC Leaks from Petroleum
                                               Refinery Equipment.
Rubber Tire Manufacturing...................  EPA-450/2-78-030--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Manufacture of Pneumatic
                                               Rubber Tires.
Ship Coatings...............................  61 FR 44050 Shipbuilding and            X   ..........          X
                                               Ship Repair Operations
                                               (Surface Coating).
Ship Coatings...............................  EPA-453/R-94-032--Alternative   ..........  ..........          X
                                               Control Technology Document--
                                               Surface Coating Operations at
                                               Shipbuilding and Ship Repair
                                               Operations (Surface Coating).
Solvent Cleaning Degreasers.................  EPA-450/2-77-022--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Solvent Metal Cleaning.

[[Page 38963]]

 
Synthetic Organic Chemical Manufacturing....  EPA-450/3-84-015--Control of            X   ..........          X
                                               VOC Emissions from Air
                                               Oxidation Processes in
                                               Synthetic Organic Chemical
                                               Manufacturing Industry.
Synthetic Organic Chemical Manufacturing....  EPA-450/4-91-031--Control of            X   ..........          X
                                               VOC Emissions from Reactor
                                               Processes and Distillation
                                               Operations in Synthetic
                                               Organic Chemical
                                               Manufacturing Industry.
Wood Coating Factory Surface of Flat Wood     EPA-450/2-78-032--Control of            X   ..........          X
 Paneling.                                     Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume VII: Factory
                                               Surface of Flat Wood Paneling.
Wood Furniture Coating......................  EPA-453/R-96-007--Control of            X   ..........          X
                                               VOC Emissions from Wood
                                               Furniture Manufacturing
                                               Operations.
----------------------------------------------------------------------------------------------------------------
\1\ This item is not a CTG because EPA exempted perchloroethylene as a VOC for purposes of ozone SIPs. 61 FR
  4588 (February 7, 1996) (codified at 40 CFR 51.100(s)(1)).

3. Negative Declaration for Major Non-CTG Sources of VOC or 
NOX
    The 2006, 2009 and 2014 RACT SIPs each included a negative 
declaration for major non-CTG sources of VOC and NOX. EPA 
agrees that there are no major non-CTG sources of NOX or 
VOCs in the south Sutter County nonattainment area.
4. Conclusion
    We find that FRAQMD's 2006, 2009, and 2014 RACT SIPs including the 
negative declarations and the Rule 3.8 revisions, adequately 
demonstrate that they satisfy RACT for the 1997 and 2008 8-hour ozone 
NAAQS. Our TSDs have more information on our evaluation of the three 
RACT SIP submissions and Rule 3.8.

C. EPA Recommendations To Strengthen the RACT SIPs and the Rule

    Our TSD for Rule 3.8 describes additional revisions that we 
recommend for the next time FRAQMD modifies the rule.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted SIP revisions because we believe they fulfill 
all relevant requirements. We do not think anyone will object to this 
approval, so we are finalizing it without proposing it in advance. 
However, in the Proposed Rules section of this Federal Register, we are 
simultaneously proposing approval of the same SIP revisions. If we 
receive adverse comments by August 7, 2015, we will publish a timely 
withdrawal in the Federal Register to notify the public that the direct 
final approval will not take effect and we will address the comments in 
a subsequent final action based on the proposal. If we do not receive 
timely adverse comments, the direct final approval will be effective 
without further notice on September 8, 2015. This will incorporate 
these documents and rule into the federally enforceable SIP.
    Please note that if EPA receives adverse comment on a specific 
provision of this SIP revision and if that provision may be severed 
from the remainder of the SIP revision, EPA may adopt as final those 
provisions of the SIP revision that are not the subject of an adverse 
comment.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the FRAQMD 
rule described in the amendments to 40 CFR 52 set forth below. EPA has 
made, and will continue to make, this document available electronically 
through www.regulations.gov and in hard copy at the appropriate EPA 
office (see the ADDRESSES section of this preamble for more 
information).

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, 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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 EPA with the discretionary authority to 
address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIPs and the rule are not approved to apply on any 
Indian reservation land or in any other area where 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

[[Page 38964]]

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. 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 September 8, 2015. 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the Proposed 
Rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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 dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: April 30, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

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)(382)(ii)(B), 
(c)(457)(i)(A)(3), (c)(459) and (c)(460) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (382) * * *
    (ii) * * *
    (B) Feather River Air Quality Management District.
    (1) 2006 Reasonably Available Control Technology (RACT) Analysis 
for State Implementation Plan (SIP) (``2006 RACT SIP'') as adopted on 
December 4, 2006.
* * * * *
    (457) * * *
    (i) * * *
    (A) * * *
    (3) Rule 3.8, ``Gasoline Dispensing Facilities,'' amended on June 
2, 2014.
* * * * *
    (459) The following plan revision was submitted on September 29, 
2014, by the Governor's designee.
    (i) [Reserved]
    (ii) Additional Material.
    (A) Feather River Air Quality Management District.
    (1) Reasonably Available Control Technology Analysis and Negative 
Declarations (``2014 RACT SIP''), as adopted on August 4, 2014.
    (460) New and amended regulations for the following AQMDs were 
submitted on November 5, 2014 by the Governor's designee.
    (i) Incorporation by Reference.
    (A) Feather River Air Quality Management District.
    (1) Rule 3.8, ``Gasoline Dispensing Facilities,'' amended on June 
2, 2014.

0
3. Section 52.222 is amended by adding paragraph (a)(11) to read as 
follows:


Sec.  52.222  Negative declarations.

    (a) * * *
    (11) Feather River Air Quality Management District.

----------------------------------------------------------------------------------------------------------------
                                                                               2006 RACT   2009 RACT   2014 RACT
                                                 Negative declaration CTG         SIP         SIP         SIP
             CTG source category                    reference document         submitted   submitted   submitted
                                                                                7/11/07    10/27/09     9/29/14
----------------------------------------------------------------------------------------------------------------
Aerospace...................................  EPA-453/R-97-004--Control of            X   ..........          X
                                               VOC Emissions from Coating
                                               Operations at Aerospace
                                               Manufacturing and Rework.
Automobile Coating; Metal Coil Container, &   EPA-450/2-77-008--Control of            X   ..........          X
 Closure; Paper & Fabric.                      Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume II Surface
                                               Coating of Cans, Coils,
                                               Paper, Fabrics, Automobiles,
                                               and Light-Duty Trucks.
Automobile and Light-Duty Truck Assembly      EPA-453/R-08-006--Control       ..........          X           X
 Coatings.                                     Techniques Guidelines for
                                               Automobile and Light-Duty
                                               Assembly Coatings.
Cutback Asphalt.............................  EPA-450/2-77-037--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Use of Cutback Asphalt.
Dry Cleaning................................  EPA-450/3-82-009--Control of            X   ..........          X
                                               Volatile Organic Compound
                                               Emissions from Large
                                               Petroleum Dry Cleaners.
Flat Wood Paneling Coatings.................  EPA-453/R-06-004--Control       ..........          X           X
                                               Techniques Guidelines for
                                               Flat Wood Paneling Coatings.
Fiberglass Boat Manufacturing Materials.....  EPA-453/R-08-004--Control       ..........          X           X
                                               Techniques Guidelines for
                                               Fiberglass Boat Manufacturing
                                               Materials.
Flexible Package Printing...................  EPA-453/R06-003--Control        ..........          X           X
                                               Techniques Guidelines for
                                               Flexible Package Printing.
Gasoline Loading Terminal...................  EPA-450/2-77-026--Control of            X   ..........          X
                                               Hydrocarbons from Tank Truck
                                               Gasoline Loading Terminals.
Gasoline Trucks.............................  EPA-450/2-78-051--Control of            X   ..........          X
                                               Volatile Organic Compound
                                               Leaks from Gasoline Tank
                                               Trucks and Vapor Collection
                                               Systems.
Gasoline Bulk Plants........................  EPA-450/2-77-035--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Gasoline Bulk Plants.

[[Page 38965]]

 
Graphic Arts Rotogravure and Flexography....  EPA-450/2-78-033--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume VIII:
                                               Rotogravure and Flexography.
Industrial Cleaning Solvents................  EPA-453/R-06-001--Control               X           X           X
                                               Techniques Guidelines for
                                               Industrial Cleaning Solvents.
Large Appliance Coating.....................  EPA-450/2-77-034--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources, Volume V: Surface
                                               Coating of Large Appliances.
Large Appliance Coating.....................  EPA-453/R-07-004--Control       ..........          X           X
                                               Techniques for Large
                                               Appliance Coatings.
Magnet Wire Coating.........................  EPA-450/2-77-033--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume IV: Surface
                                               Coating of Insulation of
                                               Magnet Wire.
Metal Can Coating; Metal Coil Coating.......  EPA-450/2-77-008--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume II: Surface
                                               Coating of Cans, Coils,
                                               Paper, Fabrics, Automobiles,
                                               and Light-Duty Trucks.
Metal Furniture.............................  EPA-450/2-77-032--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume III: Surface
                                               Coating of Metal Furniture.
Metal Furniture Coatings....................  EPA-453/R-07-005--Control       ..........          X           X
                                               Techniques Guidelines for
                                               Metal Furniture Coatings.
Metal Parts and Products....................  EPA-450/2-78-015--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume VI: Surface
                                               Coating of Miscellaneous
                                               Parts and Products.
Miscellaneous Industrial Adhesives..........  EPA-453/R-08-005--Control               X           X           X
                                               Techniques Guidelines for
                                               Miscellaneous Industrial
                                               Adhesives.
Miscellaneous Metal and Plastic Parts         EPA-453/R-08-003--Control       ..........          X           X
 Coatings.                                     Techniques Guidelines for
                                               Miscellaneous Metal and
                                               Plastic Parts Coatings.
Natural Gas/Gasoline........................  EPA-450/2-83-007--Control of            X   ..........          X
                                               VOC Equipment Leaks from
                                               Natural Gas/Gasoline
                                               Processing Plants.
Offset Lithographic Printing and Letterpress  EPA-453/R-06-002--Control       ..........          X           X
 Printing.                                     Techniques Guidelines for
                                               Offset Lithographic Printing
                                               and Letterpress Printing.
Paper and Fabric Coating....................  EPA-450/2-77-008--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume II: Surface
                                               Coating of Cans, Coils,
                                               Paper, Fabrics, Automobiles,
                                               and Light-Duty Trucks.
Paper, Film, and Foil Coatings..............  EPA-453/R-07-003--Control       ..........          X           X
                                               Techniques Guidelines for
                                               Paper, Film, and Foil
                                               Coatings.
Petroleum Liquid Storage Tanks..............  EPA-450/2-77-036--Control of            X   ..........          X
                                               VOC Emissions from Storage of
                                               Petroleum Liquids in Fixed
                                               Roof Tanks.
Petroleum Liquid Storage Tanks..............  EPA-450/2-78-047--Control of            X   ..........          X
                                               VOC Emissions from Petroleum
                                               Liquid Storage in External
                                               Floating Roof Tanks.
Pharmaceutical Products.....................  EPA-450/2-78-029--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Manufacture of
                                               Synthesized Pharmaceutical
                                               Products.
Resin Manufacturing.........................  EPA-450/3-83-008--Control of            X   ..........          X
                                               VOC Emissions from
                                               Manufacture of High-Density
                                               Polyethylene, Polypropylene,
                                               and Polystyrene Resins.
Resin Manufacturing.........................  EPA-450/3-83-006--Control of            X   ..........          X
                                               VOC Fugitive Emissions from
                                               Synthetic Organic Chemical
                                               Polymer and Resin
                                               Manufacturing Equipment.
Refineries..................................  EPA-450/2-77-025--Control of            X   ..........          X
                                               Refinery Vacuum Producing
                                               Systems, Wastewater
                                               Separators, and Process Unit
                                               Turnarounds.
Refineries..................................  EPA-450/2-78-036--Control of            X   ..........          X
                                               VOC Leaks from Petroleum
                                               Refinery Equipment.
Rubber Tire Manufacturing...................  EPA-450/2-78-030--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Manufacture of Pneumatic
                                               Rubber Tires.
Ship Coatings...............................  61 FR 44050 Shipbuilding and            X   ..........          X
                                               Ship Repair Operations
                                               (Surface Coating).
Ship Coatings...............................  EPA-453/R-94-032--Alternative   ..........  ..........          X
                                               Control Technology Document--
                                               Surface Coating Operations at
                                               Shipbuilding and Ship Repair
                                               Operations (Surface Coating).
Solvent Cleaning Degreasers.................  EPA-450/2-77-022--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Solvent Metal Cleaning.
Synthetic Organic Chemical Manufacturing....  EPA-450/3-84-015--Control of            X   ..........          X
                                               VOC Emissions from Air
                                               Oxidation Processes in
                                               Synthetic Organic Chemical
                                               Manufacturing Industry.
Synthetic Organic Chemical Manufacturing....  EPA-450/4-91-031--Control of            X   ..........          X
                                               VOC Emissions from Reactor
                                               Processes and Distillation
                                               Operations in Synthetic
                                               Organic Chemical
                                               Manufacturing Industry.
Wood Coating Factory Surface of Flat Wood     EPA-450/2-78-032--Control of            X   ..........          X
 Paneling.                                     Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume VII: Factory
                                               Surface of Flat Wood Paneling.

[[Page 38966]]

 
Wood Furniture Coating......................  EPA-453/R-96-007--Control of            X   ..........          X
                                               VOC Emissions from Wood
                                               Furniture Manufacturing
                                               Operations.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-16627 Filed 7-7-15; 8:45 am]
 BILLING CODE 6560-50-P


