
[Federal Register Volume 81, Number 241 (Thursday, December 15, 2016)]
[Proposed Rules]
[Pages 90754-90758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30179]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0524; FRL-9956-68-Region 9]


Partial Approval, Partial Disapproval of California Air Plan 
Revisions, Antelope Valley Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing a 
partial approval and partial disapproval of revisions to the Antelope 
Valley Air Quality Management District (AVAQMD or District) portion of 
the California State Implementation Plan (SIP). These revisions concern 
the District's demonstration regarding Reasonably Available Control 
Technology (RACT) requirements for the 1997 and 2008 8-hour ozone 
National Ambient Air Quality Standards (NAAQS). We are proposing action 
on local SIP revisions under the Clean Air Act (CAA or the Act). We are 
taking comments on this proposal and plan to follow with a final 
action.

DATES: Any comments must arrive by January 17, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0524 at http://www.regulations.gov, or via email to Andrew 
Steckel, Rulemaking Office Chief at Steckel.Andrew@epa.gov. For 
comments submitted at Regulations.gov, follow the online instructions 
for submitting comments. Once submitted, comments cannot be removed or 
edited from Regulations.gov. For either manner of submission, the EPA 
may publish any comment received to its public docket. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e. on the web, 
cloud, or other file sharing system). For additional submission 
methods, please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Stanley Tong, EPA Region IX, (415) 
947-4122, tong.stanley@epa.gov.

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

Table of Contents

I. The State's Submittal
    A. What documents did the State submit?
    B. Are there other versions of these documents?
    C. What is the purpose of the RACT SIP submissions?
II. The EPA's Evaluation and Proposed Action
    A. How is the EPA evaluating the RACT SIP submissions?
    B. Do the RACT SIP submissions meet the evaluation criteria?
    C. What are the RACT deficiencies?
    D. EPA Recommendations To Further Improve the RACT SIPs
    E. Proposed Action and Public Comment
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What documents did the State submit?

    Table 1 lists the documents addressed by this proposal with the 
dates that they were adopted by the local air agency and submitted by 
the California Air Resources Board (CARB).

                                          Table 1--Submitted Documents
----------------------------------------------------------------------------------------------------------------
                 Local agency                               Document                  Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
AVAQMD........................................  AVAQMD 8-Hour Reasonably                09/19/06        01/31/07
                                                 Available Control Technology--
                                                 State Implementation Plan
                                                 Analysis (RACT SIP Analysis)--
                                                 1997 8-hour Ozone NAAQS ``2006
                                                 RACT SIP''.
AVAQMD........................................  AVAQMD 8-Hour Reasonably                07/21/15        10/23/15
                                                 Available Control Technology--
                                                 State Implementation Plan
                                                 Analysis (2015 RACT SIP
                                                 Analysis)--2008 8-hour Ozone
                                                 NAAQS ``2015 RACT SIP''.
----------------------------------------------------------------------------------------------------------------

    On July 31, 2007, the submittal for AVAQMD's 2006 RACT SIP Analysis 
for the 1997 8-hour ozone NAAQS was deemed by operation of law to meet 
the completeness criteria in Title 40 of the Code of Federal 
Regulations (CFR) part 51 Appendix V, which must be met before formal 
EPA review.
    On March 9, 2016, the submittal for AVAQMD's 2015 RACT SIP Analysis 
for the 2008 8-hour ozone NAAQS was found to meet the completeness 
criteria in 40 CFR part 51 Appendix V, which must be met before formal 
EPA review.

B. Are there other versions of these documents?

    There are no previous versions of these documents in the AVAQMD 
portion of the California SIP for the 1997 or 2008 8-hour ozone 
standard.

C. What is the purpose of the RACT SIP submissions?

    Volatile Organic Compounds (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

[[Page 90755]]

requires states to submit 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 implement 
RACT for any source covered by a Control Techniques Guidelines (CTG) 
document and for any major source of VOCs or NOX. The AVAQMD 
is subject to this requirement as it is designated and classified as a 
severe-15 ozone nonattainment area for the 1997 8-hour ozone NAAQS.\1\ 
Therefore, the AVAQMD must, at a minimum, adopt RACT-level controls for 
all sources covered by a CTG document and for all major non-CTG sources 
of VOCs or NOX within the nonattainment area. Any stationary 
source that emits or has the potential to emit at least 100 tons per 
year of VOCs or NOX is a major stationary source in a 
moderate ozone nonattainment area (CAA section 182(b)(2), (f) and 
302(j)), and any stationary source that emits or has the potential to 
emit at least 25 tons per year of VOCs or NOX is a major 
stationary source in a severe ozone nonattainment area (CAA sections 
182(d) and (f)).
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    \1\ 40 CFR 81.305; 69 FR 23858 at 23884 (April 30, 2004) (final 
rule designating and classifying Antelope Valley as a Subpart 2/
moderate nonattainment for the 1997 8-hour ozone NAAQS); 77 FR 26950 
(May 8, 2012) (final rule reclassifying Antelope Valley as severe-15 
nonattainment for the 1997 8-hour ozone NAAQS); and 77 FR 30088 at 
30100 (May 21, 2012) (final rule designating and classifying 
Antelope Valley as severe-15 nonattainment for the 2008 8-hour ozone 
NAAQS). Antelope Valley AQMD is listed in the final rulemaking under 
``Los Angeles-San Bernardino Cos (W Mojave Desert), CA: Los Angeles 
County (part)''.
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    Section IV.G. of the preamble to the EPA's final rule to implement 
the 1997 8-hour ozone NAAQS (70 FR 71612, November 29, 2005) discusses 
RACT requirements. It states in part that where a RACT SIP is required, 
states implementing the 8-hour standard generally must assure that RACT 
is met either through a certification that previously required RACT 
controls represent RACT for 8-hour implementation purposes or through a 
new RACT determination. Section III.D of the preamble to the EPA's 
final rule to implement the 2008 ozone NAAQS (80 FR 12264, March 6, 
2015) discusses similar requirements for RACT. The submitted documents 
provide AVAQMD's analyses of its compliance with the CAA section 182 
RACT requirements for the 1997 and 2008 8-hour ozone NAAQS. The EPA's 
technical support documents (TSD) have more information about the 
District's submissions and the EPA's evaluations thereof.

II. The EPA's Evaluation and Proposed Action

A. How is the EPA evaluating the RACT SIP submissions?

    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)), and must not modify certain SIP control requirements in 
nonattainment areas without ensuring equivalent or greater emissions 
reductions (see CAA section 193). Generally, SIP rules must require 
RACT for each category of sources covered by a CTG document as well as 
each major source of VOCs or NOX in ozone nonattainment 
areas classified as moderate or above (see CAA section 182(b)(2)). The 
AVAQMD regulates a severe ozone nonattainment area (see 40 CFR 81.305), 
so the District's rules must implement RACT.
    Guidance and policy documents that we use to evaluate 
enforceability, rule stringency requirements and CAA section 182 RACT 
requirements for the applicable criteria pollutants 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. ``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); 57 FR 18070 (April 28, 1992).
    3. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, 
and Deviations,'' EPA, May 25, 1988 (the Bluebook).
    4. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    5. ``State Implementation Plans; Nitrogen Oxides Supplement to 
the General Preamble; Clean Air Act Amendments of 1990 
Implementation of Title I; Proposed Rule,'' (the NOX 
Supplement), 57 FR 55620, November 25, 1992.
    6. Memorandum from William T. Harnett to Regional Air Division 
Directors, (May 18, 2006), ``RACT Qs & As--Reasonably Available 
Control Technology (RACT) Questions and Answers''.
    7. 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.
    8. RACT SIPs, Letter dated April 4, 2006 from EPA Region IX 
(Andrew Steckel) to CARB (Kurt Karperos) listing EPA's current CTGs, 
ACTs, and other documents which may help to establish RACT.
    9. ``Implementation of the 2008 National Ambient Air Quality 
Standards for Ozone: State Implementation Plan Requirements'' (80 FR 
12264; March 6, 2015).

    With respect to major stationary sources, because the Antelope 
Valley ozone nonattainment area was classified as ``moderate'' 
nonattainment for the 1997 8-hour ozone NAAQS at the time that 
California submitted the 2006 RACT SIP to the EPA, the EPA evaluated 
this submission in accordance with the 100 ton per year (tpy) threshold 
for ``major stationary sources'' of VOC or NOX emissions in 
moderate ozone nonattainment areas. (see CAA sections 182(b)(2) and 
(f)).
    The AVAQMD's 2015 RACT SIP submittal contains the District's RACT 
evaluation for major stationary sources in accordance with the 25 tpy 
threshold for major stationary sources of VOC or NOX 
emissions in severe ozone nonattainment areas. (see CAA sections 182(d) 
and (f)). The EPA also evaluated AVAQMD's submittals for compliance 
with the additional RACT requirements that became applicable following 
the EPA's reclassification of the Antelope Valley ozone nonattainment 
area from ``moderate'' to ``severe'' nonattainment for the 1997 8-hour 
ozone NAAQS and classification as a severe ozone nonattainment area for 
the 2008 8-hour ozone NAAQS.

B. Do the RACT SIP submissions meet the evaluation criteria?

    With respect to the 1997 8-hour ozone standard, AVAQMD's 2006 RACT 
SIP and its 2014 Supplemental Analysis \2\ provide the District's 
conclusion that the applicable SIP generally satisfies CAA section 182 
RACT requirements except for a limited number of rules that did not 
fully implement an applicable CTG or where rules covering major non-CTG 
sources must be updated to implement RACT. AVAQMD reviewed the list of 
CTGs and identified whether or not there was a stationary source 
located within its jurisdiction. For some categories, AVAQMD determined 
its rules met RACT, while in other cases it concluded that several 
rules must be updated to implement RACT.\3\ With respect to major non-
CTG sources, the District identified all facilities that have submitted 
applications for a CAA title V Federal Operating Permit. Table 1 of the 
2006 RACT SIP lists four major sources, two of which are landfills 
(Antelope Valley Public Landfill and Lancaster Landfill), which the 
District states are

[[Page 90756]]

not a major source of ozone precursors. The District also states that 
VOC emissions from the remaining two title V facilities (Northrup-
Grumman and Lockheed Martin) are largely regulated by Rule 1124 
Aerospace Operations, which was recently amended and approved into the 
SIP.\4\ Our review of CARB's emissions inventory database for potential 
CTG sources did not uncover any CTG source categories or major sources 
missing from the District's analysis.
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    \2\ AVAQMD separately provided a supplemental analysis titled, 
``8-Hour Ozone Reasonably Available Control Technology (RACT) State 
Implementation Plan (SIP) Analysis--Supplemental Analysis'', dated 
March 13, 2014, to address the EPA's September 11, 2006 comments on 
the 2006 RACT SIP [hereinafter ``2014 Supplemental Analysis''].
    \3\ See AVAQMD 2014 Supplemental Analysis.
    \4\ Rule 1124, Aerospace Assembly and Component Manufacturing 
Operations, amended August 20, 2013, was approved into the SIP as 
meeting RACT in 80 FR 60040 (October 5, 2015).
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    With respect to the 2008 8-hour ozone standard, AVAQMD's 2015 RACT 
SIP staff report states that ``[t]he original 2006 RACT SIP Analysis 
(for the 1997 8-hour ozone standard), together with the supplemental 
March 13, 2014 RACT SIP Analysis and this document, [the 2015 RACT SIP 
Analysis] represent a current and complete RACT SIP Analysis document 
to satisfy the District's RACT obligation for the 1997 and 2008 8-hour 
ozone standards.'' \5\
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    \5\ See AVAQMD 2015 RACT SIP, pg 1.
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    For each CTG source category, AVAQMD's 2015 RACT SIP identifies if 
it has a stationary source subject to the CTG. AVAQMD states that for 
some CTG source categories its rules meet RACT, while in other cases, 
the rules need to be updated to implement RACT. With respect to major 
non-CTG sources, the District identified five facilities that submitted 
applications for title V Federal Operating Permits. Four of these 
facilities were previously identified in the District's 2006 RACT SIP. 
One new facility, Wm Bolthouse Farms, is a major source of 
NOX due to emissions from internal combustion engines used 
to support agricultural operations.
    We reviewed AVAQMD's 2006 RACT SIP, its 2014 Supplemental Analysis, 
and its 2015 RACT SIPs to determine if the District's rules implemented 
current RACT. We also reviewed CARB's emissions inventory database and 
did not uncover any additional major stationary sources that were 
missing in the District's analyses. The District's efforts to identify 
CTG sources and major sources appears to be thorough. Based on the 
EPA's review of the District's evaluations, we propose to conclude that 
with the exception of the following rules, all of the identified SIP 
rules implement RACT for the applicable CTG categories and for the 
major non-CTG stationary sources of VOC and NOX for the 1997 
and 2008 8-hour ozone NAAQS. We will discuss the rules' deficiencies in 
the next section. The rules that are deficient are:
    1. Rule 462, Organic Liquid Loading (6/9/95).
    2. Rule 1110.2, Emissions from Stationary, Non-road & Portable 
Internal Combustion Engines (1/21/03).
    3. Rule 1151, Motor Vehicle and Mobile Equipment Coating Operations 
(6/19/12).
    4. Rule 1171, Solvent Cleaning Operations (11/17/98).
    Where there are no existing sources covered by a particular CTG 
document, states may, in lieu of adopting RACT requirements for those 
sources, adopt negative declarations certifying that there are no such 
sources in the relevant nonattainment area. Tables 2 of AVAQMD's 2006 
and 2015 RACT SIPs lists the District's negative declarations where it 
had no sources subject to the applicable CTG for the 1997 and 2008 8-
hour ozone standards respectively. The District based its conclusion on 
a review of permit files, emissions inventory data, and a search of the 
internet and yellow pages. We summarized the District's negative 
declarations in Table 2 below.

                 Table 2--AVAQMD Negative Declarations for the 1997 and 2008 8-Hour Ozone NAAQS
----------------------------------------------------------------------------------------------------------------
                                                  Negative declaration CTG reference     2006 RACT    2015 RACT
              CTG source category                              document                    SIP *         SIP
----------------------------------------------------------------------------------------------------------------
Coils.........................................  EPA-450/2-77-008, Control of Volatile   ...........            X
                                                 Organic Emissions from Existing
                                                 Stationary Sources--Volume II:
                                                 Surface Coating of Cans, Coils,
                                                 Paper, Fabrics, Automobiles, and
                                                 Light-Duty Trucks.
Flat Wood Paneling Coatings...................  EPA-453/R-06-004, Control Techniques    ...........            X
                                                 Guidelines for Flat Wood Paneling
                                                 Coatings.
Fiberglass Board Manufacturing Materials......  EPA 453/R-08-004, Control Techniques    ...........            X
                                                 Guidelines for Fiberglass Boat
                                                 Manufacturing Materials.
Gasoline Bulk Plants..........................  EPA-450/2-77-035, Control of Volatile             X            X
                                                 Organic Emissions from Bulk Gasoline
                                                 Plants.
Gasoline Loading Terminals >76,000 L..........  EPA-450/2-77-026, Control of                      X  ...........
                                                 Hydrocarbons from Tank Truck Gasoline
                                                 Loading Terminals.
Large Appliances, Surface Coatings............  EPA-450/2-77-034, Control of Volatile             X            X
                                                 Organic Emissions from Existing
                                                 Stationary Sources--Volume V: Surface
                                                 Coating of Large Appliances.
Large Appliances, Surface Coatings............  EPA 453/R-07-004, Control Techniques    ...........            X
                                                 Guidelines for Large Appliance
                                                 Coatings.
Dry Cleaning..................................  EPA-450/3-82-009, Control of Volatile   ...........            X
                                                 Organic Compound Emissions from Large
                                                 Petroleum Dry Cleaners.
Magnet Wire Coating...........................  EPA-450/2-77-033, Control of Volatile             X            X
                                                 Organic Emissions from Existing
                                                 Stationary Sources, Volume IV:
                                                 Surface Coating of Insulation of
                                                 Magnet Wire.
Metal Furniture...............................  EPA 453/R-07-005, Control Techniques    ...........            X
                                                 Guidelines for Metal Furniture
                                                 Coatings.
Natural Gas/Gasoline Processing Plants........  EPA-450/2-83-007, Control of Volatile             X            X
                                                 Organic Compound Equipment Leaks from
                                                 Natural Gas/Gasoline Processing
                                                 Plants.
Petroleum Liquid Storage Tanks--Fixed Roof      EPA-450/2-77-036, Control of Volatile             X            X
 Tanks.                                          Organic Emissions from Storage of
                                                 Petroleum Liquids in Fixed-Roof Tanks.
Petroleum Liquid Storage Tanks--External        EPA-450/2-78-047, Control of Volatile             X            X
 Floating Roof Tanks.                            Organic Emissions from Petroleum
                                                 Liquid Storage in External Floating
                                                 Roof Tanks.
Pharmaceutical Products.......................  EPA-450/2-78-029, Control of Volatile             X            X
                                                 Organic Emissions from Manufacture of
                                                 Synthesized Pharmaceutical Products.
Refineries....................................  EPA-450/2-77-025, Control of Refinery             X            X
                                                 Vacuum Producing Systems, Wastewater
                                                 Separators, and Process Unit
                                                 Turnarounds.

[[Page 90757]]

 
Refineries....................................  EPA-450/2-78-036, Control of Volatile             X            X
                                                 Organic Compound Leaks from Petroleum
                                                 Refinery Equipment.
Resin Manufacturing--High-Density               EPA-450/3-83-008, Control of Volatile             X            X
 Polyethylene, Polypropylene, and Polystyrene    Organic Compound Emissions from
 Resins.                                         Manufacture of High-Density
                                                 Polyethylene, Polypropylene, and
                                                 Polystyrene Resins.
Resin Manufacturing--Synthetic Organic          EPA-450/3-83-006, Control of Volatile             X            X
 Chemical Polymers and Resin Manufacturing.      Organic Compound Leaks from Synthetic
                                                 Organic Chemical Polymer and Resin
                                                 Manufacturing Equipment.
Rubber Tire Manufacturing.....................  EPA-450/2-78-030, Control of Volatile             X            X
                                                 Organic Emissions from Manufacture of
                                                 Pneumatic Rubber Tires.
Ship Coatings.................................  61 FR 44050 and EPA-453/R-94-032,                 X            X
                                                 Control Techniques Guidelines for
                                                 Shipbuilding and Ship Repair
                                                 Operations (Surface Coating).
Synthetic Organic Chemical Manufacturing......  EPA-450/3-84-015, Control of Volatile             X            X
                                                 Organic Compound Emissions from Air
                                                 Oxidation Process in Synthetic
                                                 Organic Chemical Manufacturing
                                                 Industry (SOCMI).
Synthetic Organic Chemical Manufacturing......  EPA-450/4-91-031, Control of Volatile             X            X
                                                 Organic Compound Emissions from
                                                 Reactor Process and Distillation
                                                 Operations in SOCMI.
Wood Furniture Surface Coating................  EPA-453/R-96-007, Control of VOC                  X            X
                                                 Emissions from Wood Furniture
                                                 Manufacturing Operations.
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\*\ These Negative Declarations were approved on July 1, 2011 (76 FR 38572).

    Our review of AVAQMD's negative declarations indicate some CTGs 
missing from the District's analysis. The District should adopt 
negative declarations for the following CTGs for the 1997 8-hour ozone 
standard if it concludes it has no sources covered by the CTGs:

    1. EPA-450/2-78-032, Control of Volatile Organic Emissions from 
Existing Stationary Sources--Volume VII: Factory Surface Coating of 
Flat Wood Paneling.
    2. EPA-450/3-82-009, Control of Volatile Organic Compound 
Emissions from Large Petroleum Dry Cleaners.
    3. EPA-450/2-77-008, Control of Volatile Organic Emissions from 
Existing Stationary Sources--Volume II: Surface Coating of Cans, 
Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks, can 
coating portion.

    The District should also adopt negative declarations for the 
following CTGs for the 2008 8-hour ozone standard if it concludes it 
has no sources covered by these documents:

    1. EPA-450/2-77-008, Can coating portion of Control of Volatile 
Organic Emissions from Existing Stationary Sources--Volume II: 
Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and 
Light-Duty Trucks
    2. EPA-450/2-77-026, Control of Hydrocarbons from Tank Truck 
Gasoline Loading Terminals.
    3. EPA-450/7-77-032, Control of Volatile Organic Emissions from 
Existing Stationary Sources--Volume III: Surface Coating of Metal 
Furniture.
    4. EPA-450/2-78-032, Control of Volatile Organic Emissions from 
Existing Stationary Sources--Volume VII: Factory Surface Coating of 
Flat Wood Paneling.
    5. EPA-453/R-08-003, Drum coating portion of Control Techniques 
Guidelines for Miscellaneous Metal and Plastic Parts Coatings.
    6. EPA 453/R-08-003, Pleasure craft coating portion of Control 
Techniques Guidelines for Miscellaneous Metal and Plastic Parts 
Coatings.

    Our 2006 and 2015 RACT SIP TSDs provide a more detailed discussion 
of the EPA's rationale, including an overview of the District's 
analyses, which were made available for public comment during the 
District's rulemaking process.

C. What are the RACT deficiencies?

    Rule 462, Organic Liquid Loading, (amended 6/9/95) defines 
``facility vapor leak'' as ``measured at a distance of 2 centimeters 
from the source according to EPA Method 21.'' This should be corrected 
to remove the 2 centimeter criteria to be consistent with EPA Method 
21.
    Rule 1110.2, Emissions from Stationary, Non-road & Portable 
Internal Combustion Engines, (amended 1/21/03) exempts engines ``used 
directly and exclusively by the owner/operator for agricultural 
operations necessary for the growing of crops or raising of fowl or 
animals.'' The District should update this rule to eliminate the 
exemption for agricultural engines or adopt a separate rule for 
agricultural engines.
    Rule 1151, Motor Vehicle and Mobile Equipment Coating Operations 
(amended 6/19/12) does not cover the coating of new heavier duty 
vehicles. The District's RACT SIP states it has a new heavier duty 
vehicle manufacturing facility whose permitted coating operation 
exceeds the applicability threshold for the 2008 CTG for Automobile and 
Light Duty Truck Assembly Coatings.
    Rule 1171, Solvent Cleaning Operations (amended 11/17/98) needs to 
incorporate work practices from the 2006 CTG for Industrial Cleaning 
Solvents.

D. EPA Recommendations To Further Improve the RACT SIPs

    The 2015 TSD describes recommendations if additional emission 
reductions are needed for the next time the local agency modifies its 
rules. The 2006 and 2015 TSDs also recommend adopting additional 
negative declarations if the District concludes it has no sources 
covered by those CTG categories.

E. Proposed Action and Public Comment

    As authorized in sections 110(k)(3) and 301(a) of the Act, and 
explained more fully in our TSDs, the EPA proposes to partially approve 
and partially disapprove the 2006 and 2015 RACT SIP submittals. We will 
accept comments from the public on this proposal until January 17, 
2017.
    If finalized, this partial disapproval would trigger the 2-year 
clock for the federal implementation plan (FIP) requirement under 
section 110(c).
    In addition, final disapproval would trigger sanctions under CAA 
section 179 and 40 CFR 52.31 unless the EPA approves subsequent SIP 
revisions that correct the RACT SIP deficiencies within 18 months of 
the effective date of the final action.

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be

[[Page 90758]]

found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because this action does not impose additional requirements 
beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities beyond those 
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
State, local, or tribal governments, or to the private sector, will 
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because the SIP is not approved to apply on any 
Indian reservation land or in any other area where the EPA or an Indian 
tribe has demonstrated that a tribe has jurisdiction, and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not impose additional 
requirements beyond those imposed by state law.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    The EPA lacks the discretionary authority to address environmental 
justice in this rulemaking.

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: December 2, 2016.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2016-30179 Filed 12-14-16; 8:45 am]
 BILLING CODE 6560-50-P


