[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Rules and Regulations]
[Pages 8181-8185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00780]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0431; FRL-10004-30-Region 9]


Approval and Conditional Approval of California Air Plan 
Revision, Imperial County Air Pollution Control District, Reasonably 
Available Control Technology

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve in part and conditionally approve in part revisions 
to the Imperial County Air Pollution Control District (ICAPCD or 
``District'') portion of the California State Implementation Plan 
(SIP). These revisions concern the ICAPCD's Reasonably Available 
Control Technology (RACT) requirements for the 2008 8-hour ozone 
National Ambient Air Quality Standard (NAAQS) and negative declarations 
for several source categories. We are approving the local SIP revisions 
to demonstrate that RACT is implemented as required under the Clean Air 
Act (CAA or ``the Act'').

DATES: These rules are effective on March 16, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID

[[Page 8182]]

No. EPA-R09-OAR-2019-0431. All documents in the docket are listed on 
the http://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 
http://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Eugene Chen, EPA Region IX, (415) 947-
4304, chen.eugene@epa.gov.

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 September 19, 2019 (84 FR 49202), the EPA proposed to approve 
and conditionally approve the ICAPCD's ``Reasonably Availability 
Control Technology Analysis for the 2017 Imperial County State 
Implementation Plan for the 2008 8-hr Ozone Standard'' (2017 RACT SIP), 
which was submitted to the EPA by the California Air Resources Board 
(CARB) on November 14, 2017, for approval as a revision to the 
California SIP. The 2017 RACT SIP also included ICAPCD's Minute Order 
No. 20, which adopted the 2017 RACT SIP and negative declarations for 
the 2017 RACT SIP.
    Specifically, the EPA proposed to conditionally approve the 
ICAPCD's 2017 RACT SIP with respect to Rule 415, Transfer and Storage 
of Gasoline, and to approve the remainder of the 2017 RACT SIP. The EPA 
proposed to fully approve the ICAPCD's negative declarations for the 
2017 RACT SIP.
    We proposed to approve and conditionally approve the 2017 RACT SIP 
and negative declarations because we determined that with the exception 
of the deficiency identified in Rule 415, they complied with the 
relevant CAA requirements, and the District and CARB made commitments 
to revise Rule 415 that were sufficient to allow for a conditional 
approval with respect to sources covered by the Control Techniques 
Guidelines source category Control of Hydrocarbons from Tank Truck 
Gasoline Loading Terminals (EPA-450/2-77-026). Our proposed action 
contains more information on the submitted documents and our 
evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments.

III. EPA Action

    No comments were submitted, and there is no change to our 
assessment of the SIP submittals as described in our proposed action. 
Therefore, as authorized in section 110(k)(3) and (k)(4) of the Act, 
the EPA is conditionally approving the ICAPCD's 2017 RACT SIP with 
respect to Rule 415, Transfer and Storage of Gasoline, and approving 
the remainder of ICAPCD's 2017 RACT SIP. In addition, the EPA is fully 
approving the ICAPCD's negative declarations for the 2017 RACT SIP.
    The EPA is also making a non-substantive change to 40 CFR 
52.222(a)(12), combining existing paragraphs 52.222(a)(12)(i) and 
52.222(a)(12)(ii) by moving the text of paragraph 52.222(a)(12)(ii), 
``Submitted on December 21, 2010 and adopted on July 13, 2010,'' to 
precede the CTG table in paragraph 52.222(a)(12)(i). The negative 
declarations that are being added in this rulemaking action are being 
placed in paragraph 52.222(a)(12)(ii).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a

[[Page 8183]]

``major rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by April 13, 2020. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: December 30, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(530) to read as 
follows:


Sec.  52.220   Identification of plan--in part.

* * * * *
    (c) * * *
    (530) The following plan was submitted on November 14, 2017 by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional Materials.
    (A) Imperial County Air Pollution Control District.
    (1) Imperial County 2017 State Implementation Plan for the 2008 8-
Hour Ozone Standard, adopted September 12, 2017, Chapter 7 
(``Reasonably Available Control Technology Assessment'').
    (2) Imperial County 2017 State Implementation Plan for the 2008 8-
Hour Ozone Standard, adopted September 12, 2017, Appendix B 
(``Reasonably Available Control Technology Analysis for the 2017 
Imperial County State Implementation Plan for the 2008 8-Hour Ozone 
Standard'').
    (B) [Reserved]
* * * * *

0
3. Section 52.222 is amended by revising paragraph (a)(12) to read as 
follows:
    (a) * * *
    (12) Imperial County Air Pollution Control District.
    (i) Submitted on December 21, 2010 and adopted on July 13, 2010.

------------------------------------------------------------------------
         CTG  document No.                          Title
------------------------------------------------------------------------
Aerospace.........................  EPA-453/R-97-004, Aerospace CTG and
                                     MACT.
Automobile and Light-duty Trucks,   EPA-450/2-77-008, Control of
 Surface Coating of.                 Volatile Organic Emissions from
                                     Existing Stationary Sources--Volume
                                     II: Surface Coating of Cans, Coils,
                                     Paper, Fabrics, Automobiles, and
                                     Light-Duty Trucks.
                                    EPA-453/R-08-006, Control Techniques
                                     Guidelines for Automobile and Light-
                                     Duty Truck Assembly Coatings.
Cans and Coils, Surface Coating of  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.
Fiberglass Boat Manufacturing.....  EPA-453/R-08-004, Controls
                                     Techniques Guidelines for
                                     Fiberglass Boat Manufacturing.
Flat Wood Paneling, Surface         EPA-450/2-78-032, Control of
 Coating of.                         Volatile Organic Emissions from
                                     Existing Stationary Sources--Volume
                                     VII: Factory Surface Coating of
                                     Flat Wood Paneling.
                                    EPA-453/R-06-004, Control Techniques
                                     Guidelines for Flat Wood Paneling
                                     Coatings.
Flexible Packing Printing.........  EPA-453/R-06-003, Control Techniques
                                     Guidelines for Flexible Package
                                     Printing.
Graphic Arts--Rotogravure and       EPA-450/2-78-033, Control of
 Flexography.                        Volatile Organic Emissions from
                                     Existing Stationary Sources, Volume
                                     III: Graphic Arts--Rotogravure and
                                     Flexography.
Large Appliances, Surface Coating   EPA-450/2-77-034, Control of
 of.                                 Volatile Organic Emissions from
                                     Existing Stationary Sources--Volume
                                     V: Surface Coating of Large
                                     Appliances.
                                    EPA-453/R-07-004, Control Techniques
                                     Guidelines for Large Appliance
                                     Coatings.
Large Petroleum Dry Cleaners......  EPA-450/3-82-009, Control of
                                     Volatile Organic Compound Emissions
                                     from Large Petroleum Dry Cleaners.
Offset Lithographic Printing and    EPA-453/R-06-002, Control Techniques
 Letterpress Printing.               Guidelines for Offset Lithographic
                                     Printing and Letterpress Printing.
Magnet Wire, Surface Coating for    EPA-450/2-77-033, Control of
 Insulation of.                      Volatile Organic Emissions from
                                     Existing Stationary Sources--Volume
                                     IV: Surface Coating of Insulation
                                     of Magnet Wire.
Metal Furniture Coatings..........  EPA-450/2-77-032, Control of
                                     Volatile Organic Emissions from
                                     Existing Stationary Sources--Volume
                                     III: Surface Coating of Metal
                                     Furniture.
                                    EPA-453/R-07-005, Control Techniques
                                     Guidelines for Metal Furniture
                                     Coatings.
Miscellaneous Metal and Plastic     EPA-453/R-08-003, Control Techniques
 Parts Coatings.                     Guidelines for Miscellaneous Metal
                                     and Plastic Parts Coatings.
Miscellaneous Metal Parts and       EPA-450/2-78-015, Control of
 Products, Surface Coating of.       Volatile Organic Emissions from
                                     Existing Stationary Sources--Volume
                                     IV: Surface Coating of
                                     Miscellaneous Metal Parts and
                                     Products.
Miscellaneous Industrial Adhesives  EPA-453/R-08-005, Control Techniques
                                     Guidelines for Miscellaneous
                                     Industrial Adhesives.
Natural Gas/Gasoline Processing     EPA-450/2-83-007, Control of
 Plants Equipment Leaks.             Volatile Organic Compound Equipment
                                     Leaks from Natural Gas/Gasoline
                                     Processing Plants.
Paper, Film and Foil Coatings.....  EPA-453R-07-003, Control Techniques
                                     Guidelines for Paper, Film and Foil
                                     Coatings.
Petroleum Refineries..............  EPA-450/2-77-025, Control of
                                     Refinery Vacuum Producing Systems,
                                     Wastewater Separators, and Process
                                     Unit Turnarounds.
                                    EPA-450/2-78-036, Control of
                                     Volatile Organic Compound Leaks
                                     from Petroleum Refinery Equipment.
Pharmaceutical Products...........  EPA-450/2-78-029, Control of
                                     Volatile Organic Emissions from
                                     Manufacture of Synthesized
                                     Pharmaceutical Products.
Pneumatic Rubber Tires,             EPA-450/2-78-030, Control of
 Manufacture of.                     Volatile Organic Emissions from
                                     Manufacture of Pneumatic Rubber
                                     Tires.

[[Page 8184]]

 
Polyester Resin...................  EPA-450/3-83-008, Control of
                                     Volatile Organic Compound Emissions
                                     from Manufacture of High-Density
                                     Polyethylene, Polypropylene, and
                                     Polystyrene Resins.
                                    EPA-450/3-83-006, Control of
                                     Volatile Organic Compound Leaks
                                     from Synthetic Organic Chemical
                                     Polymer and Resin Manufacturing
                                     Equipment.
Shipbuilding/Repair...............  EPA-453/R-94-032, Shipbuilding/
                                     Repair.
Synthetic Organic Chemical........  EPA-450/3-84-015, Control of
                                     Volatile Organic Compound Emissions
                                     from Air Oxidation Processes in
                                     Synthetic Organic Chemical
                                     Manufacturing Industry.
                                    EPA-450/4-91-031, Control of
                                     Volatile Organic Compound Emissions
                                     from Reactor Processes and
                                     Distillation Operations in
                                     Synthetic Organic Chemical
                                     Manufacturing Industry.
Wood Furniture....................  EPA-453/R-96-007, Wood Furniture.
------------------------------------------------------------------------

    (ii) The following negative declarations for the 2008 8-hour ozone 
NAAQS were adopted by the Imperial County Air Pollution Control 
District on September 12, 2017, and submitted to the EPA on November 
14, 2017.

------------------------------------------------------------------------
         CTG document No.                           Title
------------------------------------------------------------------------
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.
EPA-450/2-77-022..................  Control of Volatile Organic
                                     Emissions from Solvent Metal
                                     Cleaning.
EPA-450/2-77-025..................  Control of Refinery Vacuum Producing
                                     Systems, Wastewater Separators, and
                                     Process Unit Turnarounds.
EPA-450/2-77-032..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume III: Surface
                                     Coating of Metal Furniture.
EPA-450/2-77-033..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume IV: Surface Coating
                                     of Insulation of Magnet Wire.
EPA-450/2-77-034..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume V: Surface Coating
                                     of Large Appliances.
EPA-450/2-78-015..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume VI: Surface Coating
                                     of Miscellaneous Metal Parts and
                                     Products.
EPA-450/2-78-029..................  Control of Volatile Organic
                                     Emissions from Manufacture of
                                     Synthesized Pharmaceutical
                                     Products.
EPA-450/2-78-030..................  Control of Volatile Organic
                                     Emissions from Manufacture of
                                     Pneumatic Rubber Tires.
EPA-450/2-78-032..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume VII: Factory
                                     Surface Coating of Flat Wood
                                     Paneling.
EPA-450/2-78-033..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume VIII: Graphic Arts--
                                     Rotogravure and Flexography.
EPA-450/2-78-036..................  Control of Volatile Organic Compound
                                     Leaks from Petroleum Refinery
                                     Equipment.
EPA-450/3-82-009..................  Control of Volatile Organic Compound
                                     Emissions from Large Petroleum Dry
                                     Cleaners.
EPA-450/3-83-006..................  Control of Volatile Organic Compound
                                     Leaks from Synthetic Organic
                                     Chemical Polymer and Resin
                                     Manufacturing Equipment.
EPA-450/3-83-007..................  Control of Volatile Organic Compound
                                     Equipment Leaks from Natural Gas/
                                     Gasoline Processing Plants.
EPA-450/3-83-008..................  Control of Volatile Organic Compound
                                     Emissions from Manufacture of High-
                                     Density Polyethylene,
                                     Polypropylene, and Polystyrene
                                     Resins.
EPA-450/3-84-015..................  Control of Volatile Organic Compound
                                     Emissions from Air Oxidation
                                     Processes in Synthetic Organic
                                     Chemical Manufacturing Industry.
EPA-450/4-91-031..................  Control of Volatile Organic Compound
                                     Emissions from Reactor Processes
                                     and Distillation Operations in
                                     Synthetic Organic Chemical
                                     Manufacturing Industry.
EPA-453/R-96-007..................  Control of Volatile Organic Compound
                                     Emissions from Wood Furniture
                                     Manufacturing Operations.
EPA-453/R-94-032, 61 FR 44050; 8/   Control Techniques Guidelines for
 27/96.                              Shipbuilding and Ship Repair
                                     Operations (Surface Coating).
EPA-453/R-97-004, 59 FR 29216; 6/   Aerospace (CTG & MACT).
 06/94.
EPA-453/R-06-001..................  Control Techniques Guidelines for
                                     Industrial Cleaning Solvents.
EPA-453/R-06-002..................  Control Techniques Guidelines for
                                     Offset Lithographic Printing and
                                     Letterpress Printing.
EPA-453/R-06-003..................  Control Techniques Guidelines for
                                     Flexible Package Printing.
EPA-453/R-06-004..................  Control Techniques Guidelines for
                                     Flat Wood Paneling Coatings.
EPA 453/R-07-003..................  Control Techniques Guidelines for
                                     Paper, Film, and Foil Coatings.
EPA 453/R-07-004..................  Control Techniques Guidelines for
                                     Large Appliance Coatings.
EPA 453/R-07-005..................  Control Techniques Guidelines for
                                     Metal Furniture Coatings.
EPA 453/R-08-003..................  Control Techniques Guidelines for
                                     Miscellaneous Metal and Plastic
                                     Parts Coatings, Table 2--Metal
                                     Parts and Products.
EPA 453/R-08-003..................  Control Techniques Guidelines for
                                     Miscellaneous Metal and Plastic
                                     Parts Coatings, Table 3--Plastic
                                     Parts and Products.
EPA 453/R-08-003..................  Control Techniques Guidelines for
                                     Miscellaneous Metal and Plastic
                                     Parts Coatings, Table 4--Automotive/
                                     Transportation and Business Machine
                                     Plastic Parts.
EPA 453/R-08-003..................  Control Techniques Guidelines for
                                     Miscellaneous Metal and Plastic
                                     Parts Coatings, Table 5--Pleasure
                                     Craft Surface Coating.
EPA 453/R-08-003..................  Control Techniques Guidelines for
                                     Miscellaneous Metal and Plastic
                                     Parts Coatings, Table 6--Motor
                                     Vehicle Materials.
EPA 453/R-08-004..................  Control Techniques Guidelines for
                                     Fiberglass Boat Manufacturing
                                     Materials.
EPA 453/R-08-005..................  Control Techniques Guidelines for
                                     Miscellaneous Industrial Adhesives.
EPA 453/R-08-006..................  Control Techniques Guidelines for
                                     Automobile and Light-Duty Truck
                                     Assembly Coatings.
EPA 453/B16-001...................  Control Techniques Guidelines for
                                     the Oil and Natural Gas Industry.
------------------------------------------------------------------------


[[Page 8185]]

* * * * *

0
4. Section 52.248 is amended by adding paragraph (i) to read as 
follows:


Sec.  52.248   Identification of plan--conditional approval.

* * * * *
    (i) The EPA is conditionally approving a portion of the California 
SIP revision submitted on November 14, 2017 demonstrating that control 
measures in the Imperial County Air Pollution Control District 
implement RACT for the 2008 8-hour National Ambient Air Quality 
Standards. The conditional approval is based on a commitment from the 
state to submit new or revised rules that will correct deficiencies in 
Rule 415, Transfer and Storage of Gasoline to establish RACT-level 
controls for sources covered by the Control Techniques Guidelines 
source category Control of Hydrocarbons from Tank Truck Gasoline 
Loading Terminals (EPA-450/2-77-026). If the State fails to meet it 
commitment by one year from the date of this conditional approval, the 
conditional approval is treated as a disapproval.

[FR Doc. 2020-00780 Filed 2-12-20; 8:45 am]
 BILLING CODE 6560-50-P


