[Federal Register Volume 87, Number 124 (Wednesday, June 29, 2022)]
[Rules and Regulations]
[Pages 38665-38668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13378]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0253; FRL-9611-02-R9]


Air Plan Approval; California; San Diego County; 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 revisions to the San Diego Air Pollution Control 
District (SDAPCD or ``District'') portion of the California State 
Implementation Plan (SIP). These revisions concern SDAPCD's negative 
declarations for certain Control Techniques Guidelines (CTGs) as they 
apply to the 2008 and 2015 ozone national ambient air quality standards 
(NAAQS or ``standards'') reasonably available control technology (RACT) 
SIP. We are approving revisions that regulate these emission sources 
under the Clean Air Act (CAA or the Act). This approval stops all 
sanction and federal implementation plan clocks started by our December 
3, 2020 partial approval and partial disapproval.

DATES: This rule is effective June 29, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2022-0253. 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.

[[Page 38666]]

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: Sina Schwenk-Mueller, EPA Region IX, 
75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4100 or 
by email at [email protected].

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

Table of Contents

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

I. Proposed Action

    On April 13, 2022 (87 FR 21822), the EPA proposed to approve the 
following rule into the California SIP.

                                         Table 1--Submitted Document \1\
----------------------------------------------------------------------------------------------------------------
                Local agency                               Document                   Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
SDAPCD.....................................  ``2020 Reasonably Available Control      10/14/2020      12/29/2020
                                              Technology Demonstration for the
                                              National Ambient Air Quality
                                              Standards For Ozone in San Diego
                                              County, October 2020 (2020 RACT
                                              SIP)--Negative Declarations for
                                              the 2008 and 2015 NAAQS:.
                                                Control of Volatile Organic
                                                 Emissions from Manufacture of
                                                 Synthesized Pharmaceutical
                                                 Products (EPA-450/2-78-029).
                                                Control Techniques Guidelines
                                                 for Fiberglass Boat
                                                 Manufacturing Materials (EPA-
                                                 453/R-08-004).
                                                Control Techniques Guidelines
                                                 for Miscellaneous Metal and
                                                 Plastic Parts Coatings (EPA-453/
                                                 R-08-003); Table 3--Plastic
                                                 Parts and Products, Table 4--
                                                 Automotive/Transportation and
                                                 Business Machine Plastic Parts,
                                                 Table 5--Pleasure Craft Surface
                                                 Coating, Table 6--Motor Vehicle
                                                 Materials.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these revisions because we determined that 
they comply with the relevant CAA requirements. Our proposed action 
contains more information on the rule and our evaluation.
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    \1\ The EPA is only acting on the negative declarations for the 
Control Techniques Guidelines (CTGs) for Synthesized Pharmaceutical 
Products, Fiberglass Boat Manufacturing Materials, and Miscellaneous 
Metal and Plastic Products, Tables 3-6. The EPA will propose 
separate action on the remainder of the 2020 SDAPCD RACT SIP 
submittal at a future date.
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II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received one non-germane comment. Therefore, we 
are finalizing our action as proposed.

III. EPA Action

    No comments were submitted that change our assessment of the rule 
as described in our proposed action. Therefore, as authorized in 
section 110(k)(3) of the Act, the EPA is fully approving the negative 
declarations into the California SIP. This approval stops all sanction 
and federal implementation plan clocks started by our December 3, 2020 
partial approval and partial disapproval actions on the SDAPCD RACT 
SIP.
    In accordance with 5 U.S.C. 553(d) of the Administrative Procedure 
Act (APA), the EPA finds there is good cause for this action to become 
effective immediately upon publication. The immediate effective date 
for this action is authorized under 5 U.S.C. 553(d)(1).
    Section 553(d)(1) of the APA provides that final rules shall not 
become effective until 30 days after publication in the Federal 
Register ``except . . . a substantive rule which grants or recognizes 
an exemption or relieves a restriction.'' The purpose of this provision 
is to ``give affected parties a reasonable time to adjust their 
behavior before the final rule takes effect.'' Omnipoint Corp. v. Fed. 
Commc'n Comm'n, 78 F.3d 620, 630 (DC Cir. 1996); see also United States 
v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting legislative 
history). However, when the agency grants or recognizes an exemption or 
relieves a restriction, affected parties do not need a reasonable time 
to adjust because the effect is not adverse. The EPA has determined 
that this rule relieves a restriction because this rule terminates the 
sanctions and federal implementation plan clocks started by our 
December 3, 2020 partial approval and partial disapproval. Upon the 
effective date of this action, the sanctions and federal implementation 
plan clocks will stop. For this reason, the EPA finds good cause under 
5 U.S.C. 553(d)(1) for this action to become effective on the date of 
publication of this action.

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

[[Page 38667]]

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).

List of Subjects in 40 CFR Part 52

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

    Dated: June 14, 2022.
Martha Guzman Aceves,
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 paragraphs (c)(573) through 
(584) and to read as follows:


Sec.  52.220  Identification of plan--in part.

    (c) * * *
    (573) through (583) [Reserved]
    (584) The following plan was submitted on December 29, 2020, by the 
Governor's designee as an attachment to a letter dated December 28, 
2020.
    (i) [Reserved]
    (ii) Additional materials.
    (A) San Diego County Air Pollution Control District.
    (1) Negative Declaration for ``Control of Volatile Organic 
Emissions from Manufacture of Synthesized Pharmaceutical Products,'' 
EPA-450/2-78-029, December 1978, as submitted in the 2020 Reasonably 
Available Control Technology Demonstration for the National Ambient Air 
Quality Standards for Ozone in San Diego County, adopted on October 14, 
2020.
    (2) Negative Declaration for ``Control Techniques Guidelines for 
Miscellaneous Metal and Plastic Parts Coatings,'' EPA-453/R-08-003, 
September 2008 (Tables 3-6), as submitted in the 2020 Reasonably 
Available Control Technology Demonstration for the National Ambient Air 
Quality Standards for Ozone in San Diego County, adopted on October 14, 
2020.
    (3) Negative Declaration for ``Control Techniques Guidelines for 
Fiberglass Boat Manufacturing Materials,'' EPA-453/R-08-004, September 
2008, as submitted in the 2020 Reasonably Available Control Technology 
Demonstration for the National Ambient Air Quality Standards for Ozone 
in San Diego County, adopted on October 14, 2020.
    (B) [Reserved]

0
3. Section 52.222 is amended by revising paragraph (a)(5)(ii) and 
adding paragraph (a)(5)(iii) to read as follows:


Sec.  52.222  Negative declarations.

    (a) * * *
    (5) * * *
    (i) * * *
    (ii) The following negative declarations for the 2008 ozone NAAQS 
were adopted by the San Diego Air Pollution Control District.

                 Table 4 to Paragraph (a)(5)(ii)--Negative Declarations for the 2008 Ozone NAAQS
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                                                              Adopted: 12/14/2016         Adopted: 10/14/2020
        CTG document No.                  Title           Submitted: 04/12/2017  SIP  Submitted: 12/29/2020  SIP
                                                             Approved: 12/03/2020         Approved: 6/29/2022
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EPA-450/2-77-008...............  Control of Volatile                              X   ..........................
                                  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).
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                              X   ..........................
                                  Organic Emissions from
                                  Existing Stationary
                                  Sources--Volume III:
                                  Surface Coating of
                                  Metal Furniture.
EPA-450/2-77-033...............  Control of Volatile                              X   ..........................
                                  Organic Emissions from
                                  Existing Stationary
                                  Sources--Volume IV:
                                  Surface Coating of
                                  Insulation of Magnet
                                  Wire.
EPA-450/2-77-034...............  Control of Volatile                              X   ..........................
                                  Organic Emissions from
                                  Existing Stationary
                                  Sources--Volume V:
                                  Surface Coating of
                                  Large Appliances.
EPA-450/2-78-029...............  Control of Volatile      ..........................                          X
                                  Organic Emissions from
                                  Manufacture of
                                  Synthesized
                                  Pharmaceutical
                                  Products.

[[Page 38668]]

 
EPA-450/2-78-030...............  Control of Volatile                              X   ..........................
                                  Organic Emissions from
                                  Manufacture of
                                  Pneumatic Rubber Tires.
EPA-450/2-78-032...............  Control of Volatile                              X   ..........................
                                  Organic Emissions from
                                  Existing Stationary
                                  Sources--Volume VII:
                                  Factory Surface
                                  Coating of Flat Wood
                                  Paneling.
EPA-450/2-78-036...............  Control of Volatile                              X   ..........................
                                  Organic Compound Leaks
                                  from Petroleum
                                  Refinery Equipment.
EPA-450/3-82-009...............  Control of Volatile                              X   ..........................
                                  Organic Compound
                                  Emissions from Large
                                  Petroleum Dry Cleaners.
EPA-450/3-83-006...............  Control of Volatile                              X   ..........................
                                  Organic Compound Leaks
                                  from Synthetic Organic
                                  Chemical Polymer and
                                  Resin Manufacturing
                                  Equipment.
EPA-450/3-83-007...............  Control of Volatile                              X   ..........................
                                  Organic Compound
                                  Equipment Leaks from
                                  Natural Gas/Gasoline
                                  Processing Plants.
EPA-450/3-83-008...............  Control of Volatile                              X   ..........................
                                  Organic Compound
                                  Emissions from
                                  Manufacture of High-
                                  Density Polyethylene,
                                  Polypropylene, and
                                  Polystyrene Resins.
EPA-450/3-84-015...............  Control of Volatile                              X   ..........................
                                  Organic Compound
                                  Emissions from Air
                                  Oxidation Processes in
                                  Synthetic Organic
                                  Chemical Manufacturing
                                  Industry.
EPA-450/4-91-031...............  Control of Volatile                              X   ..........................
                                  Organic Compound
                                  Emissions from Reactor
                                  Processes and
                                  Distillation
                                  Operations in
                                  Synthetic Organic
                                  Chemical Manufacturing
                                  Industry.
EPA-453/R-97-004...............  Control of Volatile                              X   ..........................
                                  Organic Compound
                                  Emissions from Coating
                                  Operations at
                                  Aerospace
                                  Manufacturing and
                                  Rework Operations.
                                 Aerospace MACT, see the
                                  Federal Register of 06/
                                  06/94.
EPA-453/R-06-004...............  Control Techniques                               X   ..........................
                                  Guidelines for Flat
                                  Wood Paneling Coatings.
EPA 453/R-07-004...............  Control Techniques                               X   ..........................
                                  Guidelines for Large
                                  Appliance Coatings.
EPA 453/R-07-005...............  Control Techniques                               X   ..........................
                                  Guidelines for Metal
                                  Furniture Coatings.
EPA-453/R-08-003...............  Control Techniques       ..........................                          X
                                  Guidelines for
                                  Miscellaneous Metal
                                  and Plastic Parts
                                  Coatings Tables 3-6.
EPA-453/R-08-004...............  Control Techniques       ..........................                          X
                                  Guidelines for
                                  Fiberglass Boat
                                  Manufacturing
                                  Materials.
EPA-453/R-08-006...............  Control Techniques                               X   ..........................
                                  Guidelines for
                                  Automobile and Light-
                                  Duty Truck Assembly
                                  Coatings.
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    (iii) The following negative declarations for the 2015 ozone NAAQS 
were adopted by the San Diego County Air Pollution Control District.

                Table 5 to Paragraph (a)(5)(iii)--Negative Declarations for the 2015 Ozone NAAQS
----------------------------------------------------------------------------------------------------------------
                                                                                          Adopted: 10/14/2020
               CTG document No.                                Title                  Submitted: 12/29/2020  SIP
                                                                                          Approved: 6/29/2022
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EPA-450/2-78-029.............................  Control of Volatile Organic Emissions                          X
                                                from Manufacture of Synthesized
                                                Pharmaceutical Products.
EPA-453/R-08-003.............................  Control Techniques Guidelines for                              X
                                                Miscellaneous Metal and Plastic
                                                Parts Coatings Tables 3-6.
EPA-453/R-08-004.............................  Control Techniques Guidelines for                              X
                                                Fiberglass Boat Manufacturing
                                                Materials..
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0
4. Section 52.237 is amended by removing and reserving paragraphs 
(b)(2)(i)(C), (b)(2)(i)(E), and (b)(2)(i)(G).

[FR Doc. 2022-13378 Filed 6-28-22; 8:45 am]
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