[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Rules and Regulations]
[Pages 2538-2541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27871]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0439; FRL-9870-02-R9]


Air Plan Approval; California; San Diego County 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 San Diego County Air Pollution 
Control District's (SDCAPCD or ``District'') portion of the California 
State Implementation Plan (SIP). This revision concerns a negative 
declaration for the 2008 8-hour ozone National Ambient Air Quality 
Standards (NAAQS) in the ozone nonattainment area under the 
jurisdiction of the SDCAPCD and one volatile organic compound (VOC) 
rule covering transfer of organic compounds into mobile transport 
trucks. We are approving a local rule to regulate these emission 
sources under the Clean Air Act (CAA or ``the Act'') and the negative 
declaration. We are also correcting sections in the Code of Federal 
Regulations (CFR) to reflect the current status of certain provisions 
of the California SIP.

DATES: This rule is effective on February 16, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2022-0439. 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: Donnique Sherman, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4129 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. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On June 3, 2022 (87 FR 33697), the EPA proposed to approve the 
following submittals into the California SIP.

----------------------------------------------------------------------------------------------------------------
                                                                                     Adopted/
                Local agency                            Document title                amended        Submitted
----------------------------------------------------------------------------------------------------------------
SDCAPCD....................................  Rule 61.2 Transfer of Organic            02/10/2021      04/20/2021
                                              Compounds into Mobile Transport
                                              Tanks.
SDCAPCD....................................  2020 Reasonably Available Control        10/14/2020      12/29/2020
                                              Technology (RACT) Demonstration
                                              for the National Ambient Air
                                              Quality Standards for Ozone in San
                                              Diego County, October 2020--
                                              Negative Declaration for Non-CTG
                                              Major VOC Sources.
----------------------------------------------------------------------------------------------------------------

    As mentioned in our proposed action, these submittals correct 
deficiencies identified in the EPA's December 3, 2020 (85 FR 77996) 
partial disapproval of SDCAPCD's 2008 Eight-Hour Ozone Reasonably 
Available Control Technology Demonstration for San Diego County (``2008 
RACT SIP''). SDCAPCD Rule 61.2 is designed to decrease VOC emissions 
during the transfer of liquid compounds into mobile transport tanks. 
The submitted negative declaration is a formally adopted declaration 
that there are currently no sources of VOC emissions in the portion of 
the ozone nonattainment area regulated by SDCAPCD that exceed the 100 
tons per year VOC threshold for Moderate ozone nonattainment areas and 
are not covered by a Control Techniques Guidelines (CTG) document. We 
proposed to approve these submittals because we have determined that 
they comply with

[[Page 2539]]

the relevant CAA requirements. Our proposed action contains more 
information on the submittals and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During the comment period we received one comment in support of the 
EPA's June 3, 2022 proposed action.

III. EPA Action

    No comments were submitted that change our assessment of the 
submittals as described in our proposed action. Therefore, as 
authorized in section 110(k)(3) of the Act, the EPA is fully approving 
into the California SIP SDCAPCD's negative declaration for non-CTG 
major VOC sources for the 2008 RACT SIP Moderate area requirements and 
Rule 61.2. The February 10, 2021 version of Rule 61.2 will replace the 
previously approved version of this rule (amended July 26, 2000) in the 
SIP. The approval of these submittals stops all sanctions and Federal 
implementation plan clocks started by our December 3, 2020 (85 FR 
77996) partial disapproval action on the SDCAPCD 2008 RACT SIP. We are 
also correcting an error in the CFR concerning another deficiency 
previously identified in the SDCAPCD 2008 RACT SIP that has since been 
addressed by the State of California. In our rulemaking promulgating 
that approval, we failed to remove the language in the CFR that 
codified the disapproval, which could result in public confusion about 
the status of the California SIP.
    On October 22, 2021 (86 FR 58593), the EPA published a final rule 
entitled ``Air Plan Approval; California; San Diego Air Pollution 
Control District'' that approved revisions to the SDCAPCD portion of 
the California SIP. That rule approved the February 10, 2021 versions 
of Rule 67.6.1 and Rule 67.6.2 into the California SIP, replacing 
previously approved versions of these rules. The revision to Rule 
67.6.1 fixed the deficiency identified in our partial disapproval of 
SDCAPCD's 2008 RACT SIP with respect to the requirement to establish 
RACT-level controls for sources covered by the ``Control Techniques 
Guidelines for Industrial Cleaning Solvents'' (85 FR 77996). However, 
the EPA's final rule inadvertently failed to include amendatory 
instructions to remove the industrial cleaning solvents category from 
the regulatory text at 40 CFR 52.237(b)(2)(i)(D), where it is listed as 
a disapproved element of SDCAPCD's RACT SIP. This action corrects the 
regulatory text to reflect the current status of SDCAPCD's RACT SIP.
    In this rule, the EPA will remove the industrial cleaning solvents 
CTG category from the regulatory text at 40 CFR 52.237(b)(2)(i)(D), as 
SDCAPCD has met its RACT SIP obligations with respect to this CTG 
category (86 FR 58593). The EPA has determined that this action falls 
under the ``good cause'' exemption in section 553(b)(3)(B) of the 
Administrative Procedure Act (APA) which, upon finding ``good cause,'' 
authorizes agencies to dispense with public participation where public 
notice and comment procedures are impracticable, unnecessary, or 
contrary to public interest. Public notice and comment for this action 
is unnecessary because the underlying rules were already subject to a 
30-day comment period, and this action is merely updating the 
regulatory text accordingly. Further, this action is consistent with 
the purpose and rationale of the final rules. Because this action does 
not change the EPA's analyses or overall actions, no purpose would be 
served by additional public notice and comment. Consequently, 
additional public notice and comment are unnecessary.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of SDCAPCD 
Rule 61.2, ``Transport of Organic Compounds into Mobile Transport 
Tanks,'' revision adopted on February 10, 2021, which regulates VOC 
emissions during the transfer of liquid compounds into mobile transport 
tanks. The EPA has made, and will continue to make, these documents 
available through www.regulations.gov and at the EPA Region IX Office 
(please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

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

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

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

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because this action does not impose additional requirements 
beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities beyond those 
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
state, local, or tribal governments, or to the private sector, will 
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the National Government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because the SIP is not approved to apply on any 
Indian reservation land or in any other area where the EPA or an Indian 
tribe has demonstrated that a tribe has jurisdiction, and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the

[[Page 2540]]

Executive order. This action is not subject to Executive Order 13045 
because it does not impose additional requirements beyond those imposed 
by state law.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

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

    The State did not evaluate environmental justice considerations as 
part of its SIP submittal. There is no information in the record 
inconsistent with the stated goals of E.O. 12898 of achieving 
environmental justice for people of color, low-income populations, and 
indigenous peoples.

K. Congressional Review Act (CRA)

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

L. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by March 20, 2023. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

    Dated: December 16, 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)(285)(i)(E)(2), 
(c)(565)(i)(A)(4), and (c)(584)(ii)(A)(4) to read as follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (285) * * *
    (i) * * *
    (E) * * *
    (2) Previously approved on August 26, 2003, in paragraph 
(c)(285)(i)(E)(1) of this section and now deleted with replacement in 
paragraph (c)(565)(i)(A)(4) of this section, Rule 61.2, amended on July 
26, 2000.
* * * * *
    (565) * * *
    (i) * * *
    (A) * * *
    (4) Rule 61.2, ``Transport of Organic Compounds into Mobile 
Transport Tanks,'' revision adopted on February 10, 2021.
* * * * *
    (584) * * *
    (ii) * * *
    (A) * * *
    (4) Negative Declaration for Major Non-CTG Stationary Sources of 
VOC, 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, for the 2008 ozone 
NAAQS.
* * * * *

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


Sec.  52.222  Negative declarations.

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

                 Table 4 to Paragraph (a)(5)(ii)--Negative Declarations for the 2008 Ozone NAAQS
----------------------------------------------------------------------------------------------------------------
                                                            Adopted:  12/14/  Adopted:  10/14/  Adopted:  10/14/
                                                             2016 Submitted:   2020 Submitted:   2020 Submitted:
         CTG document No.                   Title             4/12/2017 SIP    12/29/2020 SIP    12/29/2020 SIP
                                                            Approved:  12/03/ Approved:  6/29/  Approved:  1/17/
                                                                  2020              2022              2023
----------------------------------------------------------------------------------------------------------------
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                    X   ................  ................
                                    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.
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.

[[Page 2541]]

 
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 6/
                                    6/94.
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.
-- N/A --........................  Major non-CTG VOC        ................  ................                X
                                    sources.
----------------------------------------------------------------------------------------------------------------

* * * * *


Sec.  52.237  [Amended]

0
4. Section 52.237 is amended by removing and reserving paragraph 
(b)(2).

[FR Doc. 2022-27871 Filed 1-13-23; 8:45 am]
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