[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Proposed Rules]
[Pages 21572-21576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07597]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0160; FRL-10867-01-R9]


Air Plan Revisions; California; Yolo-Solano Air Quality 
Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
partially approve and partially disapprove, under the Clean Air Act 
(CAA or ``Act''), a revision to the California state implementation 
plan (SIP). This revision addresses reasonably available control 
technology (RACT) requirements for the 2008 8-hour ozone national 
ambient air quality standards (NAAQS or ``standards'') in the portion 
of the Sacramento Metropolitan nonattainment area that is subject to 
the jurisdiction of the Yolo-Solano Air Quality Management District 
(YSAQMD). We are taking comments on this proposal and plan to follow 
with a final action.

DATES: Comments must be received on or before May 11, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2018-0160 at https://www.regulations.gov. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. 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 https://www.epa.gov/dockets/commenting-epa-dockets. If you need assistance in a 
language other than English or if you are a person with a disability 
who needs a reasonable accommodation at no cost to you, please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Eugene Chen, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4304 or by 
email at [email protected].

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

Table of Contents

I. The State's Submittal
    A. What document did the State submit?
    B. Are there other versions of this document?
    C. What is the purpose of the submitted document?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the submitted document?
    B. Does the document meet the evaluation criteria?
    C. What are the deficiencies?
    D. Proposed Action and Public Comment
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What document did the State submit?

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

                                           Table 1--Submitted Document
----------------------------------------------------------------------------------------------------------------
              Local agency                               Document                     Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
YSAQMD.................................  Reasonably Available Control Technology      09/13/2017      11/13/2017
                                          (RACT) State Implementation Plan (SIP)
                                          Analysis for the 2008 Federal Ozone
                                          Standard (``2017 RACT SIP'').
----------------------------------------------------------------------------------------------------------------

    The EPA determined that the negative declarations portion of the 
2017 RACT SIP met the SIP submittal completeness criteria in 40 CFR 
part 51, Appendix V on April 11, 2018.\1\ The EPA determined that the 
remaining elements of the 2017 RACT SIP met the completeness criteria 
on August 23, 2018.\2\
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    \1\ Letter dated April 11, 2018, from Elizabeth J. Adams, Acting 
Director, Air Division, EPA Region IX, to Richard Corey, Executive 
Officer, CARB.
    \2\ Letter dated August 23, 2018, from Elizabeth J. Adams, 
Acting Director, Air Division, EPA Region IX, to Richard Corey, 
Executive Officer, CARB.

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[[Page 21573]]

B. Are there other versions of this document?

    There are no other versions of this document, but we previously 
took final action to approve the negative declarations from the 2017 
RACT SIP.\3\ The remaining elements of the 2017 RACT SIP are the 
subject of this action.
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    \3\ 83 FR 31017 (April 5, 2018). This action also approved four 
additional negative declarations submitted by the YSAQMD on February 
22, 2018.
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C. What is the purpose of the submitted document?

    Emissions of volatile organic compounds (VOCs) and oxides of 
nitrogen (NOX) contribute to the production of ground-level 
ozone, smog and particulate matter (PM), which harm human health and 
the environment. Section 110(a) of the CAA 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 YSAQMD is subject to this 
requirement as it regulates the Yolo County and Solano County portions 
of the Sacramento Metropolitan ozone nonattainment area that is 
classified as a Severe nonattainment area for the 2008 8-hour ozone 
NAAQS.\4\ Therefore, the YSAQMD 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 portion of the 
ozone nonattainment area that it regulates. Any stationary source that 
emits or has the potential to emit at least 25 tons per year (tpy) of 
VOCs or NOX is a major stationary source in a Severe ozone 
nonattainment area.\5\
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    \4\ 77 FR 30088 (May 21, 2012).
    \5\ CAA sections 182(d) and (f) and 302(j).
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    Section III.D of the preamble to the EPA's final rule to implement 
the 2008 ozone NAAQS discusses RACT requirements.\6\ It states, in 
part, that RACT SIPs must contain adopted RACT regulations, 
certifications (where appropriate) that existing provisions are RACT, 
and/or negative declarations that no sources in the nonattainment area 
are covered by a specific CTG.\7\ It also provides that states must 
submit appropriate supporting information for their RACT submissions as 
described in the EPA's implementation rule for the 1997 ozone NAAQS.\8\ 
The 2017 RACT SIP submittal and negative declarations provide the 
YSAQMD's analyses of its compliance with the CAA section 182 RACT 
requirements for the 2008 8-hour ozone NAAQS.
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    \6\ 80 FR 12264 (March 6, 2015).
    \7\ Id. at 12278.
    \8\ Id.; 70 FR 71612, 71652 (November 29, 2005).
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    The EPA's technical support document (TSD) for this action has more 
information about the 2017 RACT SIP and the EPA's evaluations 
thereof.\9\ For more information about the YSAQMD's negative 
declarations, please consult our April 5, 2018 final action approving 
these negative declarations.\10\
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    \9\ See Docket Item B-01
    \10\ 83 FR 31017.
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II. The EPA's Evaluation and Action

A. How is the EPA evaluating the submitted document?

    Generally, SIP rules must require RACT for all 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.\11\ The 
YSAQMD regulates the Yolo County and Solano County portions of the 
Sacramento Metropolitan ozone nonattainment area, which is classified 
as Severe for the 2008 ozone standard (40 CFR 81.305). Therefore, 
YSAQMD rules must implement RACT.
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    \11\ CAA section 182(b)(2), (f).
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    States should also submit for SIP approval negative declarations 
for those CTGs for which they have no sources covered by the CTG, 
regardless of whether such negative declarations were made in a SIP 
submittal for an earlier ozone standard.\12\ To do so, the submittal 
should provide reasonable assurances that no sources that fall under 
the CTG currently exist in the regulated area.
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    \12\ 57 FR 13498, 13512 (April 16, 1992).
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    Accordingly, the District's analysis must demonstrate that each 
major source of VOCs or NOX in the ozone nonattainment area 
is covered by a RACT-level rule. In addition, for each CTG, the 
District must either demonstrate that a RACT-level rule is in place or 
submit a negative declaration. Guidance and policy documents that we 
use to evaluate CAA section 182 RACT requirements include the 
following:
    1. ``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).
    2. ``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.
    3. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' EPA, May 25, 1988 (revised January 11, 1990) 
(``Bluebook'').
    4. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (``Little Bluebook'').
    5. Memorandum dated May 18, 2006, from William T. Harnett, 
Director, Air Quality Policy Division, to Regional Air Division 
Directors, Subject: ``RACT Qs & As--Reasonably Available Control 
Technology (RACT): Questions and Answers.''
    6. ``Final Rule to Implement the 8-hour Ozone National Ambient Air 
Quality Standard--Phase 2,'' 70 FR 71612 (November 29, 2005).
    7. ``Implementation of the 2008 National Ambient Air Quality 
Standards for Ozone: State Implementation Plan Requirements,'' 80 FR 
12264 (March 6, 2015).
    8. ``State Implementation Plans: Response to Petition for 
Rulemaking; Restatement and Update of EPA's SSM [startup, shutdown, 
malfunction] Policy Applicable to SIPs; Findings of Substantial 
Inadequacy; and SIP Calls to Amend Provisions Applying to Excess 
Emissions During Periods of Startup, Shutdown and Malfunction'' (80 FR 
33839) June 12, 2015 (``2015 SSM SIP Action'').
    9. ``Inclusion of Provisions Governing Periods of Startup, 
Shutdown, and Malfunctions in State Implementation Plans,'' EPA, 
October 9, 2020.
    10. ``Withdrawal of the October 9, 2020, Memorandum Addressing 
Startup, Shutdown, and Malfunctions in State Implementation Plans and 
Implementation of the Prior Policy,'' EPA, September 30, 2021.

B. Does the document meet the evaluation criteria?

    The 2017 RACT SIP concludes that the YSAQMD has satisfied CAA 
section 182 RACT requirements for the 2008 8-hour ozone NAAQS, based on 
an analysis of SIP-approved requirements that apply to sources covered 
by a CTG, and major non-CTG stationary sources of VOC or NOX 
emissions.
    With respect to CTG sources, the 2017 RACT SIP identifies several 
CTGs with covered sources (i.e., sources covered by the CTG and 
operating within the nonattainment area), and provides an evaluation of 
the rules that the District relies upon to meet RACT for these CTGs. We 
reviewed the District's evaluation and agree that its rules implement 
RACT for the applicable CTGs. Our TSD has additional information about 
our evaluation of these rules.

[[Page 21574]]

    Table 3 of the 2017 RACT SIP lists the YSAQMD's negative 
declarations where there are no sources in the District subject to the 
applicable CTGs for the 2008 8-hour ozone NAAQS. We previously approved 
the District's negative declarations on April 5, 2018,\13\ and while 
they are not the subject of this action, we have summarized these 
negative declarations with the remaining RACT elements for the 2008 
ozone NAAQS in Table 2 below.
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    \13\ 83 FR 31017.
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    With respect to non-CTG major sources of NOX or VOC, 
YSAQMD identified nine facilities exceeding the major source threshold 
for NOX or VOC, which is 25 tpy in Severe ozone 
nonattainment areas. As described in more detail in our TSD, we 
conclude that YSAQMD properly identified all major non-CTG sources of 
NOX or VOC requiring RACT. YSAQMD also identified several 
district rules, including several NOX rules, that it relies 
upon to implement RACT at these major sources. As discussed in more 
detail in Section II.C below, we have noted deficiencies in two of the 
identified district rules, and conclude that these district rules do 
not fully satisfy the RACT requirement.

C. What are the deficiencies?

    YSAQMD has identified Rule 2.38 (Standards for Municipal Solid 
Waste Landfills) as implementing RACT for several municipal solid waste 
landfills in the District that are non-CTG major sources of VOC. 
Although Rule 2.38 is in effect locally, it has not been submitted for 
approval into the SIP. Because Rule 2.38 is not federally enforceable 
through the SIP, it cannot be used to satisfy RACT requirements.\14\ 
This deficiency represents the basis for our partial disapproval of the 
2017 RACT SIP for the non-CTG major source VOC RACT element. The 
District may remedy this deficiency by submitting an approvable rule 
that implements RACT for municipal solid waste landfills that are non-
CTG major sources. See Section 6.1 of the TSD for more information.
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    \14\ See CAA section 110(a)(2)(A) (requiring SIPs to include 
enforceable emission limitations and other control measures, means, 
or techniques as necessary to meet CAA requirements).
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    Rule 2.43 (Biomass Boilers), which is relied upon to implement RACT 
for the non-CTG major source NOX element, is inconsistent 
with the EPA's SSM Policy because it exempts affected units from 
complying with rule standards during periods of startup and shutdown 
and does not provide any alternative emissions limitation during such 
periods. The EPA's SSM policy, as defined in the 2015 SSM SIP 
Action,\15\ explains that an emission limitation or requirement that 
exempts periods of source operation, such as startup, cannot be 
considered ``continuous'' and is therefore inconsistent with the 
definition of ``emission limitation'' at CAA section 302(k). Under this 
definition, an emission limitation must limit ``the quantity, rate, or 
concentration of emissions of air pollution on a continuous basis'' 
(absent an alternative emission limitation that applies during such 
periods). Since Rule 2.43 includes an exemption to emission standards 
during periods of startup and shutdown, it does not apply on a 
continuous basis; thus, it does not implement RACT during all operating 
conditions, regardless of the level of stringency that the Rule 2.43 
standards establish outside of exempt periods. This deficiency 
represents the basis for our partial disapproval of the 2017 RACT SIP 
for the non-CTG major source NOX RACT element. The District 
may remedy this deficiency by establishing a continuous emission limit 
that applies at all times, including during startup and shutdown. See 
Section 6.2 of the TSD for more information.
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    \15\ 80 FR 33839 (June 12, 2015).
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D. Proposed Action and Public Comment

    For the reasons discussed above and explained in more detail in our 
TSD, the EPA proposes to partially approve and partially disapprove the 
2017 RACT SIP. As authorized in section 110(k)(3) of the Act, we are 
proposing to approve the 2017 RACT SIP for each of the CTGs addressed 
by a District rule. Also under section 110(k)(3), we propose to 
disapprove the 2017 RACT SIP as it pertains to the non-CTG major source 
NOX and VOC RACT elements, based upon our conclusion that 
two of the District rules relied upon to implement RACT for these 
elements contain deficiencies that preclude them from implementing 
RACT. Table 2 lists each RACT element, the District rule or negative 
declaration relied upon to address RACT, and our proposed action for 
that RACT element.
    The EPA is committed to working with YSAQMD to resolve the 
identified RACT deficiencies. However, should we finalize the proposed 
partial disapproval of the non-CTG major source NOX and VOC 
RACT elements of the 2017 RACT SIP, CAA section 110(c) would require 
the EPA to promulgate a federal implementation plan (FIP) within 24 
months unless we approve subsequent SIP revisions that correct the 
deficiencies identified in our final action. In this instance, we note 
that the EPA already has an existing obligation to promulgate a FIP for 
any RACT SIP elements that we have not taken final action to approve. 
This FIP obligation originates from our February 3, 2017 finding that 
YSAQMD failed to submit a RACT SIP for the 2008 8-hour ozone NAAQS by 
the required submittal deadline.\16\ This finding of failure to submit 
established a FIP obligation deadline of February 3, 2019.
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    \16\ 82 FR 9158.
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    In addition, final action on the proposed partial disapproval would 
trigger the offset sanction in CAA section 179(b)(2) 18 months after 
the effective date of a final disapproval, and the highway funding 
sanction in CAA section 179(b)(1) six months after the offset sanction 
is imposed. A sanction will not be imposed if the EPA determines that a 
subsequent SIP submission corrects the deficiencies identified in our 
final action before the applicable deadline.\17\
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    \17\ Our February 7, 2017 finding of failure to submit also 
triggered offset sanctions and highway funding sanctions. These 
sanctions clocks were extinguished by the YSAQMD's submittal of its 
2017 RACT SIP and our April 11, 2018 and August 23, 2018 letters 
determining that the District's RACT SIP submittal was complete.
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    We will accept comments from the public on this proposed partial 
approval and partial disapproval until May 11, 2023. If finalized, this 
action would incorporate the approved portions of the 2017 RACT SIP 
into the SIP.

                                Table 2--List of RACT Elements--2008 Ozone NAAQS
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                                                                                 Negative
      CTG Document No.             RACT element          District rule         declaration       EPA  proposed
                                                       implementing RACT        submitted            action
----------------------------------------------------------------------------------------------------------------
EPA-450/R-75-102............  Design Criteria for    2.22 (Gasoline         .................  Approval.
                               Stage I Vapor          Dispensing
                               Control--Gasoline      Facilities).
                               Service Stations.
EPA-450/2-77-008............  Surface Coating of     .....................  Yes..............  None.\a\
                               Cans.
EPA-450/2-77-008............  Surface Coating of     .....................  Yes..............  None.\a\
                               Coils.

[[Page 21575]]

 
EPA-450/2-77-008............  Surface Coating of     .....................  Yes..............  None.\a\
                               Paper.
EPA-450/2-77-008............  Surface Coating of     .....................  Yes..............  None.\a\
                               Fabric.
EPA-450/2-77-008............  Surface Coating of     .....................  Yes..............  None.\a\
                               Automobiles and
                               Light-Duty Trucks.
EPA-450/2-77-022............  Solvent Metal          2.31 (Solvent          .................  Approval.
                               Cleaning.              Cleaning and
                                                      Degreasing).
EPA-450/2-77-025............  Refinery Vacuum        .....................  Yes..............  None.\a\
                               Producing Systems,
                               Wastewater
                               Separators, and
                               Process Unit
                               Turnarounds.
EPA-450/2-77-026............  Tank Truck Gasoline    2.21 (Organic Liquid   .................  Approval.
                               Loading Terminals.     Storage and
                                                      Transfer).
EPA-450/2-77-032............  Surface Coating of     .....................  Yes..............  None.\a\
                               Metal Furniture.
EPA-450/2-77-033............  Surface Coating of     .....................  Yes..............  None.\a\
                               Insulation of Magnet
                               Wire.
EPA-450/2-77-034............  Surface Coating of     .....................  Yes..............  None.\a\
                               Large Appliances.
EPA-450/2-77-035............  Bulk Gasoline Plants.  2.21 (Organic Liquid   .................  Approval.
                                                      Storage and
                                                      Transfer).
EPA-450/2-77-036............  Storage of Petroleum   .....................  Yes..............  None.\a\
                               Liquids in Fixed-
                               Roof Tanks.
EPA-450/2-77-037............  Cutback Asphalt......  2.28 (Cutback and      .................  Approval.
                                                      Emulsified Asphalts).
EPA-450/2-78-015............  Surface Coating of     2.25 (Metal Parts and  .................  Approval.
                               Miscellaneous Metal    Products Coating
                               Parts and Products.    Operations).
EPA-450/2-78-029............  Manufacture of         .....................  Yes..............  None.\a\
                               Synthesized
                               Pharmaceutical
                               Products.
EPA-450/2-78-030............  Manufacture of         .....................  Yes..............  None.\a\
                               Pneumatic Rubber
                               Tires.
EPA-450/2-78-032............  Factory Surface        .....................  Yes..............  None.\a\
                               Coating of Flat Wood
                               Paneling.
EPA-450/2-78-033............  Graphic Arts-          .....................  Yes..............  None.\a\
                               Rotogravure and
                               Flexography.
EPA-450/2-78-036............  Leaks from Petroleum   .....................  Yes..............  None.\a\
                               Refinery Equipment.
EPA-450/2-78-047............  Petroleum Liquid       2.21 (Organic Liquid   .................  Approval.
                               Storage in External    Storage and
                               Floating Roof Tanks.   Transfer).
EPA-450/2-78-051............  Leaks from Gasoline    2.21 (Organic Liquid   .................  Approval.
                               Tank Trucks and        Storage and
                               Vapor Collection       Transfer).
                               Systems.
EPA-450/3-82-009............  Large Petroleum Dry    .....................  Yes..............  None.\a\
                               Cleaners.
EPA-450/3-83-006............  Leaks from Synthetic   .....................  Yes..............  None.\a\
                               Organic Chemical
                               Polymer and Resin
                               Manufacturing
                               Equipment.
EPA-450/3-83-007............  Leaks from Natural     .....................  Yes..............  None.\a\
                               Gas/Gasoline
                               Processing Plants.
EPA-450/3-83-008............  Manufacture of High-   .....................  Yes..............  None.\a\
                               Density
                               Polyethylene,
                               Polypropylene, and
                               Polystyrene Resins.
EPA-450/3-84-015............  Air Oxidation          .....................  Yes..............  None.\a\
                               Processes in
                               Synthetic Organic
                               Chemical
                               Manufacturing
                               Industry.
EPA-450/4-91-031............  Reactor Processes and  .....................  Yes..............  None.\a\
                               Distillation
                               Operations in
                               Synthetic Organic
                               Chemical
                               Manufacturing
                               Industry.
EPA-453/R-96-007............  Wood Furniture         .....................  Yes..............  None.\a\
                               Manufacturing
                               Operations.
EPA-453/R-94-032, 61 FR       ACT Surface Coating    .....................  Yes..............  None.\a\
 44050; 8/27/96.               at Shipbuilding and
                               Ship Repair
                               Facilities
                               Shipbuilding and
                               Ship Repair
                               Operations (Surface
                               Coating).
EPA-453/R-97-004, 59 FR       Aerospace MACT and     .....................  Yes..............  None.\a\
 29216; 6/06/94.               Aerospace (CTG &
                               MACT).
EPA-453/R-06-001............  Industrial Cleaning    2.31 (Solvent          .................  Approval.
                               Solvents.              Cleaning and
                                                      Degreasing).
EPA-453/R-06-002............  Offset Lithographic    2.29 (Graphic Arts     .................  Approval.
                               Printing and           Printing Operations).
                               Letterpress Printing.
EPA-453/R-06-003............  Flexible Package       .....................  Yes..............  None.\a\
                               Printing.
EPA-453/R-06-004............  Flat Wood Paneling     .....................  Yes..............  None.\a\
                               Coatings.
EPA 453/R-07-003............  Paper, Film, and Foil  .....................  Yes..............  None.\a\
                               Coatings.
EPA 453/R-07-004............  Large Appliance        .....................  Yes..............  None.\a\
                               Coatings.
EPA 453/R-07-005............  Metal Furniture        .....................  Yes..............  None.\a\
                               Coatings.
EPA 453/R-08-003............  Miscellaneous Metal    2.25 (Metal Parts and  .................  Approval.
                               Parts Coatings,        Products Coating
                               Table 2--Metal Parts   Operations).
                               and Products.
EPA 453/R-08-003............  Miscellaneous Plastic  .....................  Yes..............  None.\a\
                               Parts Coatings,
                               Table 3--Plastic
                               Parts and Products.
EPA 453/R-08-003............  Miscellaneous Plastic  .....................  Yes..............  None.\a\
                               Parts Coatings,
                               Table 4--Automotive/
                               Transportation and
                               Business Machine
                               Plastic Parts.
EPA 453/R-08-003............  Miscellaneous Plastic  .....................  Yes..............  None.\a\
                               Parts Coatings,
                               Table 5--Pleasure
                               Craft Surface
                               Coating.
EPA 453/R-08-003............  Miscellaneous Plastic  .....................  Yes..............  None.\a\
                               Parts Coatings,
                               Table 6--Motor
                               Vehicle Materials.
EPA 453/R-08-004............  Fiberglass Boat        2.30 (Polyester Resin  .................  Approval.
                               Manufacturing          Operations).
                               Materials.
EPA 453/R-08-005............  Miscellaneous          2.33 (Adhesive         .................  Approval.
                               Industrial Adhesives.  Operations).
EPA 453/R-08-006............  Automobile and Light-  .....................  Yes..............  None.\a\
                               Duty Truck Assembly
                               Coatings.
                              Non-CTG Major Sources  2.27 (Large Boilers).  .................  Disapproval.\b\
                               of NOX.                2.32 (Stationary
                                                      Internal Combustion
                                                      Engines). 2.43
                                                      (Biomass Boilers).
                              Non-CTG Major Sources  2.38 (Standards for    .................  Disapproval.\c\
                               of VOC.                Municipal Solid
                                                      Waste Landfills).
                                                      2.41 (Expandable
                                                      Polystyrene
                                                      Manufacturing
                                                      Operations).
----------------------------------------------------------------------------------------------------------------
\a\ Previously approved on April 5, 2018 (83 FR 14754).
\b\ As described in greater detail in the TSD, the proposed disapproval for the non-CTG major sources of NOX
  element is based in the deficiencies noted in Rule 2.43 (Biomass Boilers).
\c\ As described in greater detail in our the TSD, the proposed disapproval for the non-CTG major sources of NOX
  element is based on the deficiencies noted in Rule 2.38 (Standards for Municipal Solid Waste Landfills).


[[Page 21576]]

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

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

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

B. Paperwork Reduction Act (PRA)

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

C. Regulatory Flexibility Act (RFA)

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

D. Unfunded Mandates Reform Act (UMRA)

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

E. Executive Order 13132: Federalism

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

F. Executive Order 13175: Coordination With Indian Tribal Governments

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

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

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. 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

    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' The EPA further defines the term fair treatment to mean 
that ``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provision of the Act and applicable 
federal regulations. 42 U.S.C. 740(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to review state choices, 
and approve those choices if they meet the minimum criteria of the Act. 
Accordingly, this proposed action partially approves and partially 
disapproves state law as meeting federal requirements and does not 
impose additional requirements beyond those imposed by state law.
    The District did not evaluate environmental justice considerations 
as part of its SIP submittal; the CAA and applicable implementing 
regulations neither prohibit nor require such an evaluation. The EPA 
did not perform an EJ analysis and did not consider EJ in this action. 
Consideration of EJ is not required as part of this action, and there 
is no information in the record inconsistent with the stated goals of 
Executive Order 12898 of achieving environmental justice for people of 
color, low-income populations, and indigenous peoples.

List of Subjects in 40 CFR Part 52

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

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

    Dated: April 5, 2023.
Kerry Drake,
Acting Regional Administrator, Region IX.
[FR Doc. 2023-07597 Filed 4-10-23; 8:45 am]
BILLING CODE 6560-50-P


