[Federal Register Volume 85, Number 154 (Monday, August 10, 2020)]
[Proposed Rules]
[Pages 48127-48132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16279]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2020-0136; FRL-10012-22-Region 9]


Air Plan Partial Approval and Partial Disapproval; California; 
San Diego

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 revisions to the San Diego 
Air Pollution Control District (SDAPCD) portion of the California State 
Implementation Plan (SIP). These revisions concern the District's 
demonstration regarding reasonably available control technology (RACT) 
requirements and negative declarations for the 2008 ozone national 
ambient air quality standards (NAAQS or ``standards'') in the San Diego 
ozone nonattainment area (NAA) under the jurisdiction of the SDAPCD. We 
are taking comments on this proposal and plan to follow with a final 
action.

DATES: Comments must be received on or before September 9, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2020-0136 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.

FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3848 or by 
email at levin.nancy@epa.gov.

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

Table of Contents

I. The State's Submittal
    A. What 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. EPA Recommendations to Further Improve the RACT SIP
    E. Public Comment And Proposed Action
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 date 
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
----------------------------------------------------------------------------------------------------------------
SDAPCD................................  2008 Eight-Hour Ozone Reasonably              12/14/16        4/12/2017
                                         Available Control Technology
                                         Demonstration for San Diego County
                                         (``2016 RACT SIP'').
----------------------------------------------------------------------------------------------------------------

    On October 12, 2017, the submittal for the SDAPCD 2016 RACT SIP was 
deemed by operation of law to meet the completeness criteria in 40 CFR 
part 51 Appendix V, which must be met before formal EPA review.

B. Are there other versions of this document?

    There are no previous versions of the RACT SIP and negative 
declarations in the SDAPCD portion of the California SIP for the 2008 
ozone NAAQS.

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 NAAs 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 SDAPCD is subject to this requirement as it 
regulates the San Diego ozone NAA that was designated and classified as 
a Moderate NAA for the 2008 ozone NAAQS at the time of submittal.\1\ 
Therefore, the SDAPCD must, at a minimum, adopt RACT-level controls for 
all sources covered by a CTG document and for all major non-CTG sources 
of VOC or NOX emissions within the ozone NAA that it 
regulates. Any stationary source that emits or has the potential to 
emit at least 100 tons per year (tpy) of VOCs or NOX is a 
major stationary source in a Moderate ozone NAA (CAA section 182(b)(2), 
(f) and 302(j)).
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    \1\ The EPA has since reclassified the San Diego ozone 
nonattainment area to ``Serious'' because the EPA determined that 
the area had not attained the 2008 ozone standard by the 
``Moderate'' applicable attainment date (July 20, 2018) and did not 
qualify for a 1-year extension of the Moderate area attainment date. 
84 FR 44238 (August 23, 2019). SDAPCD will be required to make a 
separate, updated RACT submittal based on this new classification.
    \2\ 80 FR 12264, (March 6, 2015).
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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.\2\ 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

[[Page 48128]]

no sources in the NAA are covered by a specific CTG.\3\ 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.\4\ The submitted 2016 RACT SIP and negative 
declarations provide SDAPCD's analyses of its compliance with the CAA 
section 182 RACT requirements for the 2008 ozone NAAQS.
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    \3\ Id. at 12278.
    \4\ Id. and 70 FR 71612, 71652 (November 29, 2005).
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    The EPA's technical support document (TSD) has more information 
about the District's RACT SIP, negative declarations, and the EPA's 
evaluations thereof. Our TSD is included in the docket materials.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the submitted document?

    SIP rules must require RACT for each category of sources covered by 
a CTG document and for each major source of VOCs or NOX in 
ozone NAAs classified as Moderate or above (CAA section 182(b)(2), 
(f)). At the time of submittal, the SDAPCD regulated a Moderate ozone 
NAA (40 CFR 81.305) for the 2008 ozone standard, so the District's 
rules must implement RACT for that standard.
    States should also submit for SIP approval negative declarations 
for those source categories for which they have not adopted CTG-based 
regulations (because they have no sources above the CTG-recommended 
applicability threshold), regardless of whether such negative 
declarations were made for an earlier SIP.\5\ To do so, the submittal 
should provide reasonable assurance that no sources subject to the CTG 
requirements currently exist in the portion of the ozone NAA that is 
regulated by the SDAPCD.
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    \5\ 57 FR 13498, 13512 (April 16, 1992).
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    The District's analysis must demonstrate that each major source of 
VOCs or NOX in the ozone NAA is covered by a RACT-level 
rule. In addition, for each CTG source category, 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. EPA Office of Air Quality Planning and Standards, ``Issues 
Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' May 25, 1988 (``the Bluebook,'' revised January 11, 
1990).
3. EPA Region IX, ``Guidance Document for Correcting Common VOC & 
Other Rule Deficiencies,'' August 21, 2001 (``the Little 
Bluebook'').
4. ``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).
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).

    Rules that are submitted for inclusion into the SIP must be 
enforceable (CAA section 110(a)(2)), must not interfere with applicable 
requirements concerning attainment and reasonable further progress or 
other CAA requirements (CAA section 110(l)), and must not modify 
certain SIP control requirements in NAAs without ensuring equivalent or 
greater emissions reductions (CAA section 193).
    In addition to the documents listed above, guidance and policy 
documents that we use to evaluate enforceability, stringency, and 
revision/relaxation requirements include the following:

1. Control Techniques Guidelines and Alternative Control Techniques 
Documents for Reducing Ozone-Causing Emissions. https://www.epa.gov/ground-level-ozone-pollution/control-techniques-guidelines-and-alternative-control-techniques.
2. ``Model Volatile Organic Compound Rules for Reasonably Available 
Control Technology,'' June 1992.
3. Memorandum dated March 17, 2011, from Scott Mathias, Interim 
Director, Air Quality Policy Division, U.S. EPA to Regional Air 
Division Directors, Subject: ``Approving SIP Revisions Addressing 
VOC RACT Requirements for Certain Coatings Categories.''

B. Does the document meet the evaluation criteria?

    SDAPCD's 2016 RACT SIP provides the District's demonstration that 
the applicable SIP for the SDAPCD satisfies CAA section 182 RACT 
requirements for the 2008 ozone NAAQS. This conclusion is based on the 
District's analysis of SIP-approved requirements that apply to the 
following: (1) Source categories for which a CTG has been issued, and 
(2) major non-CTG stationary sources of VOC or NOX 
emissions.
    With respect to CTG source categories, SDAPCD analyzed in 
Attachment A of the 2016 RACT SIP those source categories that had 
sources within the District subject to the recommendations in the 
various CTGs, and the District rules regulating these sources. Based on 
our analysis, the EPA concludes that, with the exception of the 
deficiencies identified in section II.C below and described in more 
detail in the TSD, SDAPCD's analysis has demonstrated that the required 
RACT rules are in place. Where there are no existing sources covered by 
a particular CTG document, or no major non-CTG stationary sources of 
VOCs or NOX, states may, in lieu of adopting RACT 
requirements for those sources, adopt negative declarations certifying 
that there are no such sources in the relevant NAA. In Attachment B of 
the 2016 RACT SIP, the District lists the CTGs for which it is 
certifying a negative declaration for the 2008 ozone NAAQS. These 
negative declarations are re-listed in Table 2 below. The District 
concludes that it has no sources subject to the specified CTGs based on 
a review of its permit files and emissions inventory, various print and 
online business listings, and through consultation with District 
inspectors and permit engineers.
    We reviewed SDAPCD's list of negative declarations in the 2016 RACT 
SIP Attachment B and the CARB facility database for 2016 to verify the 
District's conclusion that it has no stationary sources subject to the 
CTG source categories for which it has adopted a negative declaration. 
We agree with the District's negative declarations in the 2016 RACT SIP 
Attachment B, and propose to approve them into the SIP.

[[Page 48129]]



                     Table 2--Negative Declarations
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         CTG document                      CTG document title
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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 (Automobiles, and light-duty
                                truck coatings only).a
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-450/2-78-030.............  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-450/2-78-036.............  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.b
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-97-004; 59 FR 29216  Control of Volatile Organic Compound
 (6/06/94).                     Emissions from Coating Operations at
                                Aerospace Manufacturing and Rework
                                Operations; Aerospace MACT b.
EPA-453/R-06-004.............  Control Techniques Guidelines for Flat
                                Wood Paneling 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-08-006.............  Control Techniques Guidelines for
                                Automobile and Light-Duty Truck Assembly
                                Coatings.
------------------------------------------------------------------------
a SDAPCD claims a negative declaration only for the portions of this CTG
  related to Automobiles and Light-Duty Trucks.
b Negative declarations for CTG categories where the District states it
  has facilities, but emissions are below the CTG's applicability
  threshold.

    The 2016 RACT SIP Attachment D--Major Sources in San Diego Country 
Subject to District Rules lists major sources of VOC emissions and the 
rules that the District evaluated as applying to those facilities. The 
two facilities that exceed the major source threshold for VOCs are the 
San Diego City of Miramar Landfill, and National Steel & Shipbuilding. 
The District has documented that the 168.5 tpy emissions from the 
Miramar Landfill are fugitive. The Miramar Landfill therefore does not 
constitute a major stationary source under the Act, and the District is 
not required to demonstrate that this source is implementing RACT-level 
controls.\6\
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    \6\ 42 U.S.C. 7511a(b)(2), 42 U.S.C. 7602(j).
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    National Steel & Shipbuilding is a major source of VOC emissions, 
and is regulated primarily by Rule 67.18. It is therefore evaluated as 
a CTG source. Accordingly, we conclude that the District does not have 
any major non-CTG sources of VOCs in the NAA, and must adopt a negative 
declaration for major non-CTG sources of VOCs.
    The District does not list any major sources of NOX. 
However, we have determined that one facility, Solar Turbines, Inc., is 
a major source of NOX. As explained in the TSD, we have 
concluded that this source is currently implementing RACT-level 
controls. Accordingly, we propose to find that the District has met its 
RACT obligation for major sources of NOX.
    Our review found that certain CTG categories were not addressed by 
either a negative declaration or a RACT rule. These deficiencies are 
described in section II.C below and explained in greater detail in the 
TSD. These approvability issues preclude full approval of the 2016 RACT 
SIP. Our TSD has more information on our evaluation of the 2016 RACT 
SIP.

C. What are the deficiencies?

    The following provisions do not satisfy the requirements of section 
110 and part D of title I of the Act and prevent full approval of the 
2016 RACT SIP.
    1. Missing negative declaration (or rule) for the following CTG and 
Major Source categories.

           Table 3--Missing Negative Declaration or RACT Rule
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       EPA document No.                        CTG title.
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EPA-453/R-08-003.............  Miscellaneous Metal and Plastic Parts
                                Coatings, Table 3. Plastic Parts and
                                Products.
EPA-453/R-08-003.............  Miscellaneous Metal and Plastic Parts
                                Coatings, Table 4. Automotive/
                                Transportation and Business Machine
                                Plastic Parts.
EPA-453/R-08-003.............  Miscellaneous Metal and Plastic Parts
                                Coatings, Table 6. Motor Vehicle
                                Materials.
Not applicable...............  Non-CTG Major Sources of VOC emissions.
------------------------------------------------------------------------


[[Page 48130]]

    2. Existing rule does not represent RACT for the 2008 ozone 
standard.

          Table 4--CTG Source Rules That Do Not Represent RACT
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      EPA document No.              CTG title              Remedy
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EPA-450/R-75-102............  Design Criteria for   Re-notice Rule
                               Stage I Vapor         61.3.1.
                               Control Systems--
                               Gasoline Service
                               Stations.
EPA-450/2-77-026............  Tank Truck Gasoline   Revise Rule 61.2.
                               Loading Terminals.
EPA-450/2-78-029............  Manufacture of        Revise Rule 67.15 or
                               Synthesized           submit negative
                               Pharmaceutical        declaration for
                               Products.             this CTG source
                                                     category.
EPA-453/R-06-001............  Industrial Cleaning   Revise Rule 67.6.1.
                               Solvents.
EPA-453/R-08-003............  Miscellaneous Metal   Revise Rule 67.18 or
                               and Plastic Parts     submit negative
                               Coatings, Table 5.    declaration for
                               Pleasure Craft        this CTG source
                               Surface Coating.      category.
EPA-453/R-08-004............  Fiberglass Boat       Revise Rule 67.12.1
                               Manufacturing         or submit negative
                               Materials.            declaration for
                                                     this CTG source
                                                     category.
------------------------------------------------------------------------

    Our TSD has detailed information on these deficiencies.

D. EPA Recommendations To Further Improve the RACT SIP

    Our TSD includes recommendations for future rule improvements and 
suggested revisions related to the required RACT SIP submittal for the 
2015 ozone standard.

E. Public Comment and Proposed Action

    Under CAA section 110(k)(3), we propose to partially approve and 
partially disapprove CARB's submittal of the SDAPCD 2016 RACT SIP, as 
reflected in Tables 5 and 6. As discussed, the RACT SIP must document 
current RACT for sources covered by CTGs and for major non-CTG sources 
of VOC and NOX emissions. We have determined that the 2016 
RACT SIP documents RACT for many, but not all, CTG sources and major 
sources. In addition, the RACT SIP does not include a rule or negative 
declaration for several CTGs, or a negative declaration for major non-
CTG sources of VOCs. For these reasons and the reasons discussed above, 
we are proposing to partially approve and partially disapprove the 
District's certification that it has met the RACT requirement for the 
2008 8-hour ozone NAAQS as demonstrated in its 2016 RACT SIP.

   Table 5--RACT Evaluation for CTG Sources in SDAPCD for the 2008 Ozone Standard Moderate Nonattainment Area
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                                                        Covered by SIP
       EPA document No.              CTG title         Rule as current        Neg dec          Proposed action
                                                             RACT            submitted
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EPA-450/R-75-102.............  Design Criteria for    .................  .................  Disapproval.a
                                Stage I Vapor
                                Control Systems--
                                Gasoline Service
                                Stations.
EPA-450/2-77-008.............  Surface Coating of                  67.4  .................  Approval.
                                Cans.
EPA-450/2-77-008.............  Surface Coating of                  67.4  .................  Approval.
                                Coils.
EPA-450/2-77-008.............  Surface Coating of                  67.5  .................  Approval.
                                Paper.
EPA-450/2-77-008.............  Surface Coating of                  67.5  .................  Approval.
                                Fabrics.
EPA-450/2-77-008.............  Surface Coating of     .................          4/12/2017  Approval.
                                Automobiles and
                                Light-Duty Trucks.
EPA-450/2-77-022.............  Solvent Metal                     67.6.2  .................  Approval.
                                Cleaning.
EPA-450/2-77-025.............  Refinery Vacuum        .................          4/12/2017  Approval.
                                Producing Systems,
                                Wastewater
                                Separators, and
                                Process Unit
                                Turnarounds.
EPA-450/2-77-026.............  Tank Truck Gasoline    .................  .................  Disapproval.b
                                Loading Terminals.
EPA-450/2-77-032.............  Surface Coating of     .................          4/12/2017  Approval.
                                Metal Furniture.
EPA-450/2-77-033.............  Surface Coating of     .................          4/12/2017  Approval.
                                Insulation of Magnet
                                Wire.
EPA-450/2-77-034.............  Surface Coating of     .................          4/12/2017  Approval.
                                Large Appliances.
EPA-450/2-77-035.............  Bulk Gasoline Plants.               61.2  .................  Approval.
EPA-450/2-77-036.............  Storage of Petroleum                61.1  .................  Approval.
                                Liquids in Fixed-
                                Roof Tanks.
EPA-450/2-77-037.............  Cutback Asphalt......               67.7  .................  Approval.
EPA-450/2-78-015.............  Surface Coating of                  67.3  .................  Approval.
                                Miscellaneous Metal
                                Parts and Products.
EPA-450/2-78-029.............  Manufacture of         .................  .................  Disapproval.c
                                Synthesized
                                Pharmaceutical
                                Products.
EPA-450/2-78-030.............  Manufacture of         .................          4/12/2017  Approval.
                                Pneumatic Rubber
                                Tires.
EPA-450/2-78-032.............  Factory Surface        .................          4/12/2017  Approval.
                                Coating of Flat Wood
                                Paneling.
EPA-450/2-78-033.............  Graphic Arts-                      67.16  .................  Approval.
                                Rotogravure and
                                Flexography.
EPA-450/2-78-036.............  Leaks from Petroleum   .................          4/12/2017  Approval.
                                Refinery Equipment.
EPA-450/2-78-047.............  Petroleum Liquid                    61.1  .................  Approval.
                                Storage in External
                                Floating Roof Tanks.
EPA-450/2-78-051.............  Leaks from Gasoline                 61.2  .................  Approval.
                                Tank Trucks and
                                Vapor Collection
                                Systems.
EPA-450/3-82-009.............  Large Petroleum Dry    .................          4/12/2017  Approval.
                                Cleaners.
EPA-450/3-83-006.............  Leaks from Synthetic   .................          4/12/2017  Approval.
                                Organic Chemical
                                Polymer and Resin
                                Manufacturing
                                Equipment.

[[Page 48131]]

 
EPA-450/3-83-007.............  Equipment Leaks from   .................          4/12/2017  Approval.
                                Natural Gas/Gasoline
                                Processing Plants.
EPA-450/3-83-008.............  Manufacture of High-   .................          4/12/2017  Approval.
                                Density
                                Polyethylene,
                                Polypropylene, and
                                Polystyrene Resins.
EPA-450/3-84-015.............  Air Oxidation          .................          4/12/2017  Approval.
                                Processes in
                                Synthetic Organic
                                Chemical
                                Manufacturing
                                Industry.
EPA-450/4-91-031.............  Reactor Processes and  .................          4/12/2017  Approval.
                                Distillation
                                Operations in
                                Synthetic Organic
                                Chemical
                                Manufacturing
                                Industry.
EPA-453/R-96-007.............  Wood Furniture                     67.11  .................  Approval.
                                Manufacturing
                                Operations.
EPA-453/R-94-032, 61 FR        ATC--Surface Coating               67.18  .................  Approval.
 44050; 8/27/96.                Operations at
                                Shipbuilding and
                                Ship Repair
                                Facilities.
                               Shipbuilding and Ship
                                Repair Operations
                                (Surface Coating).
EPA-453/R-97-004, 59 FR        Aerospace MACT and     .................          4/12/2017  Approval.
 29216; 6/06/94.                Aerospace (CTG &
                                MACT).
EPA-453/R-06-001.............  Industrial Cleaning    .................  .................  Disapproval.d
                                Solvents.
EPA-453/R-06-002.............  Offset Lithographic                67.16  .................  Approval.
                                Printing and
                                Letterpress Printing.
EPA-453/R-06-003.............  Flexible Package                   67.16  .................  Approval.
                                Printing.
EPA-453/R-06-004.............  Flat Wood Paneling     .................          4/12/2017  Approval.
                                Coatings.
EPA-453/R-07-003.............  Paper, Film, and Foil               67.5  .................  Approval.
                                Coatings.
EPA-453/R-07-004.............  Large Appliance        .................          4/12/2017  Approval.
                                Coatings.
EPA-453/R-07-005.............  Metal Furniture        .................          4/12/2017  Approval.
                                Coatings.
EPA-453/R-08-003.............  Miscellaneous Metal                 67.3  .................  Approval.
                                and Plastic Parts
                                Coatings, Table 2.
                                Metal Parts and
                                Products.
EPA-453/R-08-003.............  Miscellaneous Metal    .................  .................  Disapproval.e
                                and Plastic Parts
                                Coatings, Table 3.
                                Plastic Parts and
                                Products.
EPA-453/R-08-003.............  Miscellaneous Metal    .................  .................  Disapproval.f
                                and Plastic Parts
                                Coatings, Table 4.
                                Automotive/
                                Transportation and
                                Business Machine
                                Plastic Parts.
EPA-453/R-08-003.............  Miscellaneous Metal    .................  .................  Disapproval.g
                                and Plastic Parts
                                Coatings, Table 5.
                                Pleasure Craft
                                Surface Coating.
EPA-453/R-08-003.............  Miscellaneous Metal    .................  .................  Disapproval.h
                                and Plastic Parts
                                Coatings, Table 6.
                                Motor Vehicle
                                Materials.
EPA-453/R-08-004.............  Fiberglass Boat        .................  .................  Disapproval.i
                                Manufacturing
                                Materials.
EPA-453/R-08-005.............  Miscellaneous                      67.21  .................  Approval.
                                Industrial Adhesives.
EPA-453/R-08-006.............  Automobile and Light-  .................          4/12/2017  Approval
                                Duty Truck Assembly
                                Coatings.
----------------------------------------------------------------------------------------------------------------
a As explained in greater detail in the TSD, Rule 61.3.1, which regulates sources in this category, was not
  properly noticed, and is thus not approvable. The District intends to re-notice Rule 61.3.1, which together
  with 61.3 would establish current RACT for this category.
b The applicable rule is Rule 61.2, which does not establish RACT because of several deficiencies described in
  detail in the TSD.
c As described in greater detail in the TSD, Rule 67.15 has deficiencies that prevent it from establishing RACT
  level controls. The District has determined that there are no sources that meet the CTG applicability
  threshold and plans to submit a negative declaration for both the 2008 and 2015 ozone standards.
d As explained in greater detail in the TSD, the applicable rule for this category is Rule 67.6.1, but this rule
  does not establish RACT because of an inappropriate NESHAP exemption.
e No adopted applicable RACT rule or adopted negative declaration for 2008 ozone standard.
f No adopted applicable RACT rule or adopted negative declaration for 2008 ozone standard.
g As explained in greater detail in the TSD, the applicable rule for this category is Rule 67.18, but this rule
  does not establish RACT based on the recommended controls for pleasure craft coatings in the CTG for
  Miscellaneous Metal and Plastic Parts Coatings (2008).
h No adopted applicable RACT rule or adopted negative declaration for 2008 ozone standard.
i As explained in greater detail in the TSD, the applicable rule is Rule 67.12.1, but this rule does not
  establish RACT based on the Fiberglass Boat CTG (2008) recommended controls for fiberglass boat coatings.


    Table 6--RACT Evaluation for Major Non-CTG VOC/NOX Sources in SDAPCD for the 2008 Ozone Standard Moderate
                                             Nonattainment Area \7\
----------------------------------------------------------------------------------------------------------------
                                                     Covered by SIP
           Category              Major sources in   rule as current         Neg Dec           Proposed action
                                    District?             RACT
----------------------------------------------------------------------------------------------------------------
Major (100+ tpy) non-CTG VOC    None listed a....  N/A..............  ..................  Disapproval.
 sources.
Major (100+ tpy) NOx sources..  Yes..............  N/A..............  ..................  Approval.
----------------------------------------------------------------------------------------------------------------
a The only major VOC source listed by the District is National Steel & Shipbuilding, which is a CTG source.
  Therefore, there appears to be no non-CTG major sources of VOC in the District and the District should adopt a
  negative declaration for major non-CTG VOC sources.


[[Page 48132]]

    The EPA is committed to working with CARB and SDAPCD to resolve the 
identified RACT deficiencies. However, should we finalize the proposed 
partial disapproval of the elements identified in Tables 5 and 6 for of 
the 2016 RACT SIP, the action would trigger a 2-year clock for the 
federal implementation plan (FIP) requirement under section 110(c). In 
addition, final disapproval would trigger the offset section in CAA 
section 179(b)(2) 18 months after the effective date of a final 
disapproval, and the highway funding sanctions in CAA section 179(b)(1) 
would apply in the area six months after the offset sanction is 
imposed. Neither sanction will be imposed under the CAA if the State 
submits and we approve, prior to the implementation of the sanctions, a 
SIP revision that corrects the deficiencies that we identify in our 
final action. We will accept comments from the public on the proposed 
partial approval and partial disapproval for the 2016 RACT SIP for the 
next 30 days. If finalized, this action would add to the California SIP 
as additional materials those portions of the 2016 RACT SIP and 
negative declarations associated with approvals in Tables 5 and 6.
---------------------------------------------------------------------------

    \7\ See section 3.1 of the TSD.
---------------------------------------------------------------------------

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

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

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

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not expected to be an Executive Order 13771 
regulatory action because this action is not significant under 
Executive Order 12866.

C. 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.

D. 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.

E. 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.

F. 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.

G. 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.

H. 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.

I. 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.

J. 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.

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

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

List of Subjects in 40 CFR Part 52

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

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

    Dated: July 22, 2020.
John Busterud,
Regional Administrator, Region IX.
[FR Doc. 2020-16279 Filed 8-7-20; 8:45 am]
BILLING CODE 6560-50-P


