[Federal Register Volume 86, Number 211 (Thursday, November 4, 2021)]
[Rules and Regulations]
[Pages 60771-60773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23376]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0524; FRL-8808-02-R9]


Air Plan Approval; California; Eastern Kern Air Pollution Control 
District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the Eastern Kern Air Pollution Control 
District (EKAPCD) portion of the California State Implementation Plan 
(SIP). This revision concerns EKAPCD's demonstration regarding 
reasonably available control technology (RACT) requirements and 
negative declarations for the 2008 8-hour ozone National Ambient Air 
Quality Standards (NAAQS or ``standards'') in the portion of the Kern 
County nonattainment area under the jurisdiction of EKAPCD.

DATES: This rule will be effective on December 6, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2021-0524. 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 
disabilities 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: Nicole Law, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4126 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 August 25, 2021 (86 FR 47435), the EPA proposed to approve the 
California Air Resources Board's (CARB) August 9, 2017 submittal of the 
Eastern Kern Air Pollution Control District Reasonable Available 
Control Technology (RACT) State Implementation Plan (SIP) for the 2008 
Ozone National Ambient Air Quality Standards (NAAQS) (``2017 RACT 
SIP'').

----------------------------------------------------------------------------------------------------------------
             Local agency                              Document                     Adopted         Submitted
----------------------------------------------------------------------------------------------------------------
EKAPCD...............................  Eastern Kern Air Pollution Control           05/11/2017       08/09/2017
                                        District Reasonable Available Control
                                        Technology (RACT) State Implementation
                                        Plan (SIP) for the 2008 Ozone National
                                        Ambient Air Quality Standards (NAAQS)
                                        (``2017 RACT SIP'').
----------------------------------------------------------------------------------------------------------------

    We proposed to approve this submittal because we determined that it 
complies with the relevant Clean Air Act (``Act'') requirements. Our 
proposed action contains more information on the submittal 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

    This action is one of three EPA actions on the EKAPCD 2017 RACT SIP 
submittal. The other two actions are as follows:

    (1) On January 14, 2021 (86 FR 3816), the EPA approved EKAPCD's 
negative declaration for the Control Techniques Guidelines (CTG) 
category associated with the Oil and Natural Gas Industry (EPA-453/
B-16-001). We assessed internet sites for California's Department of 
Conservation Geologic Energy Management Division's (CalGEM) Well 
Finder, CARB's pollution mapping tool, and the California Energy 
Commission's California Natural Gas Pipelines and determined there 
were no oil and gas operations within EKAPCD's jurisdiction convered 
by the Oil and Natural Gas CTG.\1\
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    \1\ Technical Support Document for EPA's Clean Air Act 
Rulemaking for the California State Implementation Plan Eastern Kern 
County Air Pollution Control District Negative Declaration for 
Control Techniques Guidelines for the Oil and Natural Gas Industry, 
dated August 2020 and prepared by Sina Schwenk-Mueller.
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    (2) The amended rules for major source oxides of nitrogen 
(NOX) were submitted separately on May 23, 2018, and 
August 22, 2018. These rules and the RACT certification

[[Page 60772]]

for major source NOX will be addressed in a separate 
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action.

    This action addresses the remainder of the 2017 RACT SIP 
submission. Additional details about the submission and the EPA's 
separate actions thereon are available in the proposed action (86 FR 
47435) and the technical support document (TSD).
    No comments were submitted on the proposed action. Therefore, as 
authorized in section 110(k)(3) of the Act, the EPA is approving the 
2017 RACT SIP into the California SIP.

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);
     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 ``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 January 3, 2022. 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, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: October 20, 2021.
Deborah Jordan,
Acting 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)(503)(ii)(A)(2) to 
read as follows:


Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (503) * * *
    (ii) * * *
    (A) * * *
    (2) Reasonable Available Control Technology (RACT) State 
Implementation Plan (SIP) for the 2008 Ozone National Ambient Air 
Quality Standards (NAAQS) except the portion addressing the Negative 
Declaration for the Oil and Natural Gas CTG, as adopted on May 11, 
2017.
* * * * *

0
3. Section 52.222 is amended by revising paragraph (a)(16)(i) to read 
as follows:


Sec.  52.222  Negative declarations.

    (a) * * *
    (16) * * *
    (i) The following negative declarations for the 2008 ozone standard 
were adopted by the District on May 11, 2017 and submitted to the EPA 
on August 9, 2017:

                    Table 16 to Paragraph (a)(16)(i)
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         EPA document No.                           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.

[[Page 60773]]

 
EPA-450/2-77-008..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume II: Surface Coating
                                     of Coils.
EPA-450/2-77-008..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume II: Surface Coating
                                     of Paper.
EPA-450/2-77-008..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume II: Surface Coating
                                     of Fabrics.
EPA-450/2-77-008..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume II: Surface Coating
                                     of Automobiles, and Light-Duty
                                     Trucks.
EPA-450/2-77-025..................  Control of Refinery Vacuum Producing
                                     Systems, Wastewater Separators, and
                                     Process Unit Turnarounds.
EPA-450/2-77-026..................  Control of Hydrocarbons from Tank
                                     Truck Gasoline Loading Terminals.
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-450/2-77-035..................  Control of Volatile Organic
                                     Emissions from Bulk Gasoline
                                     Plants.
EPA-450/2-77-036..................  Control of Volatile Organic
                                     Emissions from Storage of Petroleum
                                     Liquids in Fixed-Roof Tanks.
EPA-450/2-77-037..................  Control of Volatile Organic
                                     Emissions from Use of Cutback
                                     Asphalt.
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-450/2-78-047..................  Control of Volatile Organic
                                     Emissions from Petroleum Liquid
                                     Storage in External Floating Roof
                                     Tanks.
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-06-001..................  Control Techniques Guidelines for
                                     Industrial Cleaning Solvents.
EPA-453/R-06-002..................  Control Technology 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 Technique Guidelines for
                                     Flat Wood Paneling Coatings.
EPA-453/R-07-003..................  Control Techniques Guidelines for
                                     Paper Coatings.
EPA-453/R-07-003..................  Control Techniques Guidelines for
                                     Film Coatings.
EPA-453/R-07-003..................  Control Techniques Guidelines for
                                     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-08-004..................  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/R-94-032..................  Alternative Control Technology
                                     Document--Surface Coating
                                     Operations at Shipbuilding and Ship
                                     Repair Facilities and Control
                                     Techniques Guidelines for
                                     Shipbuilding and Ship Repair
                                     Operations (Surface Coating), see
                                     the Federal Register of 8/27/96.
EPA-453/B-16-001..................  Control Techniques Guidelines for
                                     the Oil and Natural Gas Industry.
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[FR Doc. 2021-23376 Filed 11-3-21; 8:45 am]
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