[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Rules and Regulations]
[Pages 42252-42258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13754]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0160; FRL-10867-02-R9]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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[[Page 42253]]

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to partially approve and partially disapprove a revision to the 
Yolo-Solano Air Quality Management District (YSAQMD) portion of the 
California State Implementation Plan (SIP). The revision concerns the 
YSAQMD's demonstration regarding 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 under the 
jurisdiction of the YSAQMD.

DATES: This rule is effective July 31, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2018-0160. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available through https://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information. If you need assistance 
in a language other than English or if you are a person with a 
disability who needs a reasonable accommodation at no cost to you, 
please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section.

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

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

Table of Contents

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

I. Proposed Action

    On April 11, 2023 (88 FR 21572), the EPA proposed to partially 
approve and partially disapprove the California Air Resources Board's 
(CARB) submittal of the YSAQMD's RACT SIP for the 2008 Ozone National 
Ambient Air Quality Standards (NAAQS), as listed in Table 1 below.

                                           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'').
----------------------------------------------------------------------------------------------------------------

    We proposed to partially approve YSAQMD's 2017 RACT SIP because we 
determined that, except for the RACT elements for non-control technique 
guideline (CTG) major sources of nitrogen oxides (NOX) and 
volatile organic compounds (VOC), it complied with the relevant Clean 
Air Act (CAA or ``Act'') requirements. We proposed to partially 
disapprove YSAQMD's 2017 RACT SIP because we identified two 
deficiencies that would preclude us from fully approving the submittal. 
First, we found that District Rule 2.38, ``Standards for Municipal 
Solid Waste Landfills,'' which is relied upon to implement RACT for 
non-CTG major sources of VOC, has not been submitted for approval into 
the SIP, and therefore cannot be used to satisfy RACT requirements. 
Second, we found that District Rule 2.43, ``Biomass Boilers,'' which 
the District relied upon to implement RACT for non-CTG major sources of 
NOX, contains a provision that explicitly exempts affected 
units from complying with rule standards during periods of startup and 
shutdown and does not provide for an alternative emissions limitation 
during such periods. This provision is inconsistent with the EPA's 
Startup, Shutdown, and Malfunction (SSM) Policy as defined in the EPA's 
2015 SSM SIP Action.\1\ The deficiencies are discussed in more detail 
in our proposed action.
---------------------------------------------------------------------------

    \1\ ``State Implementation Plans: Response to Petition for 
Rulemaking; Restatement and Update of EPA's SSM 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).
---------------------------------------------------------------------------

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period, 
which concluded on May 11, 2023 (April 11, 2023 (88 FR 21572)). We 
received one comment letter regarding our proposed action, from the 
YSAQMD and dated May 10, 2023. We have summarized substantive adverse 
comments included in this comment letter and provided our responses 
below. In addition to the substantive comments summarized below, the 
District's letter includes information about recent progress it has 
made to address deficiencies related to SSM exemptions identified in 
Rule 2.43, and comments regarding the EPA's communication to the 
District about the identified deficiencies leading up to publication of 
the proposed rulemaking.\2\ The District's letter is included in the 
docket for this action.
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    \2\ The District's revisions to Rule 2.43 were submitted by CARB 
to the EPA on June 8, 2023 via the State Plan electronic Collection 
System (SPeCS).
---------------------------------------------------------------------------

    Comment 1: The YSAQMD asserts that the District's 2017 RACT SIP 
identified the Recology Hay Road Landfill and the Yolo County Central 
Landfill as major sources of VOC in error. The District states that the 
VOC potential to emit (PTE) of each landfill is below the 25 tons per 
year (tpy) major source threshold for Severe nonattainment areas, and 
therefore not subject to VOC RACT requirements for major sources.
    Response 1: On May 17, 2023, the EPA emailed the District with a 
request for further clarification and documentation demonstrating that 
the VOC PTE of each landfill was below major source thresholds.\3\ On 
May 19, 2023, the District replied with permitting information for each 
facility and indicated that, when excluding fugitive landfill emissions 
in accordance with EPA guidance, the VOC PTE of the Recology Hay Road 
Landfill and Yolo County Central Landfill is 13.04 tpy and 24.7 tpy 
respectively, which are below major source thresholds.\4\ Based on this 
additional documentation, and for the reasons discussed below, we agree 
with the District that the Recology Hay Road

[[Page 42254]]

Landfill and Yolo County Central Landfill are not major sources of VOC, 
and are therefore not required to implement RACT for VOC.
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    \3\ Email dated May 17, 2023, from Eugene Chen (EPA) to Paul 
Hensleigh (YSAQMD), Subject: ``RACT SIP Comment Letter follow up.''
    \4\ Email dated May 19, 2023, from Paul Hensleigh (YSAQMD) to 
Eugene Chen (EPA), Subject: ``Re: RACT SIP Comment Letter follow 
up.''
---------------------------------------------------------------------------

    The EPA defines fugitive emissions as ``those emissions which could 
not reasonably pass through a stack, chimney, vent, or other 
functionally-equivalent opening.'' \5\ A source's fugitive emissions 
must be included when determining whether it qualifies as a major 
source if the source falls within one of 27 listed source 
categories.\6\ Municipal solid waste landfills are not included in this 
list of source categories, and as a result are not required to include 
fugitive emissions toward major source applicability. Under additional 
EPA guidance related to landfills, if a landfill gas collection system 
is in operation, or if a landfill gas collection system could 
reasonably be designed to collect a landfill's gas emissions, then 
those collected emissions are not fugitive and shall be considered in 
determining facility PTE.\7\ Both Recology Hay Road and Yolo County 
Central Landfill operate with active gas collection systems, and 
therefore only the portion of landfill gas that is not collected can be 
considered fugitive and excluded from consideration in determining VOC 
PTE.
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    \5\ 40 CFR 70.1; 70.2 (title V definitions). This definition 
also applies under the NSR program. See 40 CFR 51.165(a)(1)(ix).
    \6\ 40 CFR 70.2; 40 CFR 51.165(a)(1)(iv)(C).
    \7\ Memorandum dated October 21, 1994, from John S. Seitz, 
Director, Office of Air Quality Planning and Standards, U.S. EPA, to 
EPA Regional Air Directors, Regions I-X, Subject: ``Classification 
of Emissions from Landfills for NSR Applicability Purposes.''
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    The current title V operating permit (Permit No. F-01059-18, issued 
November 10, 2022) and statement of basis for the Recology Hay Road 
Landfill lists the following emission units and corresponding VOC PTE: 
\8\
---------------------------------------------------------------------------

    \8\ See Permit No. F-01059-18, Recology Hay Road Landfill title 
V permit, Permit No. F-01059-18, Statement of Basis, and Permit to 
Operate, Unit ID P-86-06(a8).

               Table 1--Recology Hay Road Landfill VOC PTE
------------------------------------------------------------------------
          Unit ID               Equipment description     VOC PTE  (tpy)
------------------------------------------------------------------------
P-13-16....................  124-horsepower (hp)                    0.01
                              Caterpillar IC engine
                              (Certified Tier IV engine).
P-14-16(a).................  124-hp Caterpillar IC                  0.01
                              engine (Certified Tier IV
                              engine).
P-28-98(a).................  One (1) 500-gallon                     0.04
                              aboveground gasoline
                              storage tank, one gasoline
                              dispenser (1 nozzle), and
                              one gasoline pressure/
                              vacuum vent valve.
P-51-17....................  Various equipment including            0.01
                              two (2) portable crushers,
                              two (2) portable screens,
                              and two (2) stackers,
                              powered by Off-road
                              engines that also provide
                              propulsion.
P-64-00....................  Petroleum contaminated soil           13.00
                              handling for daily and
                              intermediate cover
                              material.
P-81-10....................  7-acre lined containment               0.01
                              pond and drying areas.
P-85-06(a8)................  Municipal Solid Waste                 24.62
                              landfill not to exceed a
                              total maximum design
                              capacity of 35.6 million
                              cubic yards (17.0 million
                              megagrams).
P-59-21....................  174-hp Caterpillar Engine              0.01
                              (Certified Tier IV engine).
                                                         ---------------
                                Total...................           37.66
                                                         ---------------
                                Total (excluding Unit ID           13.04
                                 P-85-06(a8)).
------------------------------------------------------------------------

    The YSAQMD asserts that the municipal solid waste landfill's 24.62 
tpy VOC PTE (Unit ID P-85-06(a8)) consists of landfill fugitive 
emissions. Excluding these emissions from consideration towards major 
source applicability would result in a facility-wide VOC PTE of 13.04 
tpy. Based upon a review of permitting information, we note that while 
Unit ID P-86-06(a8) includes fugitive VOC emissions from the landfill, 
it also includes VOC emissions from the flaring of landfill gas 
captured by the collection system.\9\ We do not consider it appropriate 
for VOC emissions from flaring activities to be considered fugitive 
since they represent the destruction of collected landfill gas. The 
title V permit and statement of basis do not identify the portion of 
VOC PTE attributable only to flaring activities, but based on the 
physical design and enforceable emission limits applicable to flaring 
activities, we estimate the VOC PTE to be 3.67 tpy.\10\ Including this 
3.67 tpy VOC PTE results in a facility wide VOC PTE of 16.71 tpy, which 
is below the Severe nonattainment area major source threshold of 25 
tpy. As a result, we agree that the Recology Hay Road Landfill is not a 
major source of VOC, and is not required to implement RACT for VOC.
---------------------------------------------------------------------------

    \9\ Id.
    \10\ Based upon a flare VOC permit limit of 14.1 ppm (@3% 
O2) and maximum flare heat rate of 45.6 MMBtu/hr.
---------------------------------------------------------------------------

    The current title V operating permit (Permit No. F-01392-8, issued 
March 13, 2018) and statement of basis for the Yolo County Central 
Landfill lists the following emission units and corresponding VOC PTE: 
\11\
---------------------------------------------------------------------------

    \11\ See Permit F-01392-8, Yolo County Central Landfill title V 
permit, Permit No. F-01392-8, Statement of Basis, and Emission 
Evaluation C-07-164.

              Table 2--Yolo County Central Landfill VOC PTE
------------------------------------------------------------------------
          Unit ID               Equipment description     VOC PTE  (tpy)
------------------------------------------------------------------------
P-15-05(a).................  Landfill not to exceed max            51.03
                              design capacity of 49
                              million cubic yards.
P-25-07....................  317-hp emergency engine                0.01
                              (Certified Tier III
                              engine).
P-31-10....................  Various equipment for        ..............
                              dewatering and aeration of
                              non hazardous liquid waste
                              with odor potential
                              (NHLWOP).
P-71-06(t).................  157-hp emergency engine                0.01
                              (Certified Tier II engine).
P-49-14....................  Receiving Storage and use    ..............
                              of NHLWOP.
P-90-18....................  In Vessel Digester                     0.93
                              Operation.
P-26-98(t2)................  Negative pressure landfill             2.73
                              gas collection system,
                              landfill gas flare.
P-78-98(t).................  Engine 1A, 805-hp landfill             4.11
                              gas IC engine.
P-79-98(t).................  Engine 2, 805-hp landfill              4.11
                              gas IC engine.

[[Page 42255]]

 
P-80-98(t).................  Engine 3, 805-hp landfill              4.25
                              gas IC engine.
P-81-98(t).................  Engine 4A, 805-hp landfill             4.22
                              gas IC engine.
P-87-98(t).................  Engine 5A, 805-hp landfill             4.22
                              gas IC engine.
P-28-17....................  Concrete crushing plant....  ..............
P-29-17....................  Screening of waste and wood  ..............
                              debris.
P-30-17....................  Grinding and shredding of              0.09
                              waste and wood debris.
                                                         ---------------
                                Total...................            75.7
                                                         ---------------
                                Total (excluding Unit P-            24.7
                                 15-05(a)).
------------------------------------------------------------------------

    The District asserts that the municipal solid waste landfill's 
51.03 tpy VOC PTE (Unit ID P-15-05(a)) consists of landfill fugitive 
emissions. Excluding these emissions from consideration towards major 
source applicability would result in a facility-wide VOC PTE of 24.7 
tpy. Based upon a review of permitting information, we agree that the 
51.03 VOC PTE attributable to P-15-05(a) are fugitive landfill 
emissions, and note that the gas collection system and landfill flare 
are accounted for separately as Unit ID P-26-98(t2). With regard to the 
other permitted emission units, and in particular the landfill gas 
engines that comprise the majority of the non-fugitive VOC PTE, we note 
that the facility's title V permit establishes several emission and 
operating limits on a per-engine basis, including annual VOC tpy 
limits, VOC concentration limits expressed in parts per million (ppm), 
and landfill gas fuel usage limitations expressed in million standard 
cubic feet per year (MMCF/yr). The title V permit also contains 
requirements for annual source testing, recordkeeping of fuel usage and 
operating hours, and reporting requirements to ensure the practical 
enforceability of emission and operating limits. In addition, the title 
V permit establishes a landfill flare VOC emission limit and landfill 
gas fuel usage limit for Unit ID P-26-98(t2), and also requires an 
annual source test, recordkeeping of landfill gas fuel usage, and for 
the flare to be operated within the parameter ranges established during 
the most recent source test. We consider these monitoring, reporting, 
and recordkeeping requirements to ensure the practical enforceability 
of emission limits for the landfill flare. Based upon this information, 
we agree with the District that the VOC PTE of the Yolo County Central 
Landfill is 24.7 tpy, which is below the Severe nonattainment area 
major source threshold of 25 tpy.\12\ As a result, we agree that the 
Yolo County Central Landfill is not a major source of VOC, and is not 
required to implement RACT for VOC. For this reason, as described 
below, we are issuing a final approval of the RACT element for non-CTG 
major sources of VOC.
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    \12\ The 24.7 tpy VOC PTE relies on conservative assumptions 
regarding landfill gas usage and accordingly represents an 
overestimate of the facility's potential VOC emissions. For example, 
the aggregated landfill gas usage limits for the flare and engines 
(1,154 MMCF/yr) is greater than the total amount of landfill gas 
that is permitted to be collected from the landfill (997.1 MMCF/yr), 
per title V Permit No. F-01392-8, Conditions B.69 through B.80. 
Since the sum of destroyed landfill gas cannot exceed the total 
amount of collected landfill gas, the facility VOC PTE reflects a 
certain amount of double-counting. The amount of double-counting 
would be difficult to quantify precisely given the variety of 
landfill gas destruction scenarios, but as an example, if the 
entirety of the collected landfill gas were destroyed by the engines 
and not by the landfill flare, then the landfill flare VOC PTE of 
2.73 tpy would represent an additional margin between facility PTE 
and the major source threshold.
---------------------------------------------------------------------------

    Comment 2: The YSAQMD asserts that even if the landfills subject to 
its regulatory authority were major sources of VOC, they are subject to 
federally enforceable requirements that implement RACT through a 
combination of California's statewide landfill methane regulation (LMR) 
and an EPA Federal implementation plan (FIP). The District notes that 
the 2017 RACT SIP identifies landfill requirements as federally 
enforceable through California's CAA section 111(d) State Plan approved 
by the EPA on September 23, 1999. The District asserts that California 
later adopted and submitted its statewide LMR for SIP approval and that 
the EPA proposed to partially approve the LMR in 2020, and in May 2021 
proposed a FIP in 40 CFR part 62 subpart OOO to cover identified 
deficiencies in the LMR.
    Response 2: As discussed in our response to the previous comment, 
we agree with the District that the Recology Hay Road Landfill and Yolo 
County Central Landfill are not major sources of VOC, and are therefore 
not required to implement RACT for VOC. As a result, we do not consider 
it necessary to address issues regarding implementation of RACT at 
these sources. However, we wish to clarify that the EPA's approval of a 
performance standards plan under CAA section 111(d) is different from 
approval of a SIP submittal under CAA section 110. Thus, while we have 
issued both a final partial approval/partial disapproval of the 
California LMR \13\ and a final rule promulgating a partial Federal 
plan for municipal solid waste landfills under CAA section 111(d),\14\ 
we have not approved these landfill rules as a SIP revision under CAA 
section 110(k) or issued a FIP under CAA section 110(c), and we are 
unaware of any pending state submittal of the LMR or District landfill 
VOC RACT rules for SIP approval. The EPA's SIP approval of RACT-level 
control rules for landfills regulated by the District would ensure that 
any future major source landfills in the area meet RACT requirements. 
We invite the District or CARB to discuss this option further with the 
EPA.
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    \13\ 85 FR 1121 (January 8, 2020).
    \14\ 86 FR 27756 (May 21, 2021).
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III. EPA Action

    As discussed in Section II of this preamble above, we received a 
public comment from the YSAQMD providing additional information 
relevant to our proposed disapproval of the RACT element for non-CTG 
major sources of VOC. The basis for our proposed disapproval was the 
lack of enforceable SIP requirements implementing VOC RACT for two 
municipal solid waste landfills that the 2017 RACT SIP identified as 
non-CTG major sources of VOC. Based upon the District's comment letter 
and additional information, we no longer consider these two municipal 
solid waste landfills to be major VOC sources, and therefore find that 
these sources are not

[[Page 42256]]

required to implement VOC RACT. As a result, the only District rule 
relied upon to implement RACT for non-CTG major sources of VOC is Rule 
2.41, ``Expandable Polystyrene Manufacturing Operations,'' which 
implements limits VOC emissions from manufacture of expandable 
polystyrene products. As discussed in our April 11, 2023 (88 FR 21572) 
proposed action, Rule 2.41 implements RACT. We are therefore issuing a 
final approval of the RACT element for non-CTG major sources of VOC. 
This represents the only change from our proposed action, as summarized 
in Table 3 of this preamble below.

                                                    Table 3--List of RACT Elements--2008 Ozone NAAQS
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   District rule      Negative declaration
        CTG document No.                 RACT element            implementing RACT          submitted        EPA proposed action     EPA final action
--------------------------------------------------------------------------------------------------------------------------------------------------------
EPA-450/R-75-102...............  Design Criteria for Stage I  2.22 (Gasoline          ....................  Approval............  Approval.
                                  Vapor Control--Gasoline      Dispensing
                                  Service Stations.            Facilities).
EPA-450/2-77-008...............  Surface Coating of Cans....  ......................  Yes.................  None \a\............  None.\a\
EPA-450/2-77-008...............  Surface Coating of Coils...  ......................  Yes.................  None \a\............  None.\a\
EPA-450/2-77-008...............  Surface Coating of Paper...  ......................  Yes.................  None \a\............  None.\a\
EPA-450/2-77-008...............  Surface Coating of Fabric..  ......................  Yes.................  None \a\............  None.\a\
EPA-450/2-77-008...............  Surface Coating of           ......................  Yes.................  None \a\............  None.\a\
                                  Automobiles and Light-Duty
                                  Trucks.
EPA-450/2-77-022...............  Solvent Metal Cleaning.....  2.31 (Solvent Cleaning  ....................  Approval............  Approval.
                                                               and Degreasing).
EPA-450/2-77-025...............  Refinery Vacuum Producing    ......................  Yes.................  None \a\............  None.\a\
                                  Systems, Wastewater
                                  Separators, and Process
                                  Unit Turnarounds.
EPA-450/2-77-026...............  Tank Truck Gasoline Loading  2.21 (Organic Liquid    ....................  Approval............  Approval.
                                  Terminals.                   Storage and Transfer).
EPA-450/2-77-032...............  Surface Coating of Metal     ......................  Yes.................  None \a\............  None.\a\
                                  Furniture.
EPA-450/2-77-033...............  Surface Coating of           ......................  Yes.................  None \a\............  None.\a\
                                  Insulation of Magnet Wire.
EPA-450/2-77-034...............  Surface Coating of Large     ......................  Yes.................  None \a\............  None.\a\
                                  Appliances.
EPA-450/2-77-035...............  Bulk Gasoline Plants.......  2.21 (Organic Liquid    ....................  Approval............  Approval.
                                                               Storage and Transfer).
EPA-450/2-77-036...............  Storage of Petroleum         ......................  Yes.................  None \a\............  None.\a\
                                  Liquids in Fixed-Roof
                                  Tanks.
EPA-450/2-77-037...............  Cutback Asphalt............  2.28 (Cutback and       ....................  Approval............  Approval.
                                                               Emulsified Asphalts).
EPA-450/2-78-015...............  Surface Coating of           2.25 (Metal Parts and   ....................  Approval............  Approval.
                                  Miscellaneous Metal Parts    Products Coating
                                  and Products.                Operations).
EPA-450/2-78-029...............  Manufacture of Synthesized   ......................  Yes.................  None \a\............  None.\a\
                                  Pharmaceutical Products.
EPA-450/2-78-030...............  Manufacture of Pneumatic     ......................  Yes.................  None \a\............  None.\a\
                                  Rubber Tires.
EPA-450/2-78-032...............  Factory Surface Coating of   ......................  Yes.................  None \a\............  None.\a\
                                  Flat Wood Paneling.
EPA-450/2-78-033...............  Graphic Arts-Rotogravure     ......................  Yes.................  None \a\............  None.\a\
                                  and Flexography.
EPA-450/2-78-036...............  Leaks from Petroleum         ......................  Yes.................  None \a\............  None.\a\
                                  Refinery Equipment.
EPA-450/2-78-047...............  Petroleum Liquid Storage in  2.21 (Organic Liquid    ....................  Approval............  Approval.
                                  External Floating Roof       Storage and Transfer).
                                  Tanks.
EPA-450/2-78-051...............  Leaks from Gasoline Tank     2.21 (Organic Liquid    ....................  Approval............  Approval.
                                  Trucks and Vapor             Storage and Transfer).
                                  Collection Systems.
EPA-450/3-82-009...............  Large Petroleum Dry          ......................  Yes.................  None \a\............  None.\a\
                                  Cleaners.
EPA-450/3-83-006...............  Leaks from Synthetic         ......................  Yes.................  None \a\............  None.\a\
                                  Organic Chemical Polymer
                                  and Resin Manufacturing
                                  Equipment.
EPA-450/3-83-007...............  Leaks from Natural Gas/      ......................  Yes.................  None \a\............  None.\a\
                                  Gasoline Processing Plants.
EPA-450/3-83-008...............  Manufacture of High-Density  ......................  Yes.................  None \a\............  None.\a\
                                  Polyethylene,
                                  Polypropylene, and
                                  Polystyrene Resins.
EPA-450/3-84-015...............  Air Oxidation Processes in   ......................  Yes.................  None \a\............  None.\a\
                                  Synthetic Organic Chemical
                                  Manufacturing Industry.
EPA-450/4-91-031...............  Reactor Processes and        ......................  Yes.................  None \a\............  None.\a\
                                  Distillation Operations in
                                  Synthetic Organic Chemical
                                  Manufacturing Industry.
EPA-453/R-96-007...............  Wood Furniture               ......................  Yes.................  None \a\............  None.\a\
                                  Manufacturing Operations.
EPA-453/R-94-032, 61 FR 44050;   ACT Surface Coating at       ......................  Yes.................  None \a\............  None.\a\
 8/27/96.                         Shipbuilding and Ship
                                  Repair Facilities
                                  Shipbuilding and Ship
                                  Repair Operations (Surface
                                  Coating).
EPA-453/R-97-004, 59 FR 29216;   Aerospace MACT and           ......................  Yes.................  None \a\............  None.\a\
 6/06/94.                         Aerospace (CTG & MACT).
EPA-453/R-06-001...............  Industrial Cleaning          2.31 (Solvent Cleaning  ....................  Approval............  Approval.
                                  Solvents.                    and Degreasing).
EPA-453/R-06-002...............  Offset Lithographic          2.29 (Graphic Arts      ....................  Approval............  Approval.
                                  Printing and Letterpress     Printing Operations).
                                  Printing.
EPA-453/R-06-003...............  Flexible Package Printing..  ......................  Yes.................  None \a\............  None.\a\
EPA-453/R-06-004...............  Flat Wood Paneling Coatings  ......................  Yes.................  None \a\............  None.\a\
EPA 453/R-07-003...............  Paper, Film, and Foil        ......................  Yes.................  None \a\............  None.\a\
                                  Coatings.
EPA 453/R-07-004...............  Large Appliance Coatings...  ......................  Yes.................  None \a\............  None.\a\
EPA 453/R-07-005...............  Metal Furniture Coatings...  ......................  Yes.................  None \a\............  None.\a\
EPA 453/R-08-003...............  Miscellaneous Metal Parts    2.25 (Metal Parts and   ....................  Approval............  Approval.
                                  Coatings, Table 2--Metal     Products Coating
                                  Parts and Products.          Operations).
EPA 453/R-08-003...............  Miscellaneous Plastic Parts  ......................  Yes.................  None \a\............  None.\a\
                                  Coatings, Table 3--Plastic
                                  Parts and Products.
EPA 453/R-08-003...............  Miscellaneous Plastic Parts  ......................  Yes.................  None \a\............  None.\a\
                                  Coatings, Table 4--
                                  Automotive/Transportation
                                  and Business Machine
                                  Plastic Parts.

[[Page 42257]]

 
EPA 453/R-08-003...............  Miscellaneous Plastic Parts  ......................  Yes.................  None \a\............  None.\a\
                                  Coatings, Table 5--
                                  Pleasure Craft Surface
                                  Coating.
EPA 453/R-08-003...............  Miscellaneous Plastic Parts  ......................  Yes.................  None \a\............  None.\a\
                                  Coatings, Table 6--Motor
                                  Vehicle Materials.
EPA 453/R-08-004...............  Fiberglass Boat              2.30 (Polyester Resin   ....................  Approval............  Approval.
                                  Manufacturing Materials.     Operations).
EPA 453/R-08-005...............  Miscellaneous Industrial     2.33 (Adhesive          ....................  Approval............  Approval.
                                  Adhesives.                   Operations).
EPA 453/R-08-006...............  Automobile and Light-Duty    ......................  Yes.................  None \a\............  None.\a\
                                  Truck Assembly Coatings.
                                 Non-CTG Major Sources of     2.27 (Large Boilers)..  ....................  Disapproval \b\       Disapproval.\b\
                                  NOX.                        2.32 (Stationary
                                                               Internal Combustion
                                                               Engines).
                                                              2.43 (Biomass Boilers)
                                 Non-CTG Major Sources of     2.41 (Expandable        ....................  Disapproval \c\       Approval.\d\
                                  VOC.                         Polystyrene
                                                               Manufacturing
                                                               Operations).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Previously approved on April 5, 2018 (83 FR 14754).
\b\ As described in greater detail in the Technical Support Document (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 TSD, the proposed disapproval for the non-CTG major sources of VOC element is based on the deficiencies noted
  in Rule 2.38 (Standards for Municipal Solid Waste Landfills).
\d\ As described in greater detail in Section II of this preamble, our final action approving the non-CTG major sources of VOC element is based upon the
  fact that Rule 2.41 implements RACT, and that Rule 2.38 is no longer relied upon to implement RACT.

    As authorized in section 110(k)(3) of the Act, the EPA is partially 
disapproving the 2017 RACT SIP with respect to the RACT element for 
non-CTG major sources of NOX, and partially approving the 
remainder of the 2017 RACT SIP.

IV. Statutory and Executive Order Reviews

    Under the CAA, 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. 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 final action partially approves and partially 
disapproves state law as meeting Federal requirements and does not 
impose additional requirements beyond those imposed by State law.
    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. Therefore, this action is not 
subject to Executive Order 13045 because it merely partially approves 
and partially disapproves state law as meeting Federal requirements. 
Furthermore, the EPA's Policy on Children's Health does not apply to 
this action.

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.

[[Page 42258]]

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.''
    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.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

L. Petitions for Judicial Review

    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 August 29, 2023. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

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

    Dated: June 22, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends part 52, chapter I, title 40 of the Code of 
Federal Regulations as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(505)(ii)(A)(2) to 
read as follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (505) * * *
    (ii) * * *
    (A) * * *
    (2) Reasonably Available Control Technology (RACT) State 
Implementation Plan (SIP) for the 2008 8-Hour Ozone National Ambient 
Air Quality Standards (NAAQS) (``Reasonably Available Control 
Technology (RACT) State Implementation Plan (SIP) Analysis''), as 
adopted on September 13, 2017, except the RACT determination for non-
CTG major sources of NOX.
* * * * *

0
3. Section 52.237 is amended by adding paragraph (b)(6)(ii) to read as 
follows:


Sec.  52.237  Part D disapproval.

* * * * *
    (b) * * *
    (6) * * *
    (ii) RACT determination for non-CTG major sources of Nitrogen 
Oxides (NOX) for the 2008 ozone NAAQS, as contained in the 
submittal titled ``Reasonably Available Control Technology (RACT) State 
Implementation Plan (SIP) Analysis for the 2008 Federal Ozone 
Standard,'' as adopted on September 13, 2017, and submitted on November 
13, 2017.
* * * * *
[FR Doc. 2023-13754 Filed 6-29-23; 8:45 am]
BILLING CODE 6560-50-P


