[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Proposed Rules]
[Pages 20086-20092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06829]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2023-0036; FRL-10790-01-R9]


Air Plan Revisions; California; Sacramento Metropolitan Air 
Quality Management District

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 a revision to the Sacramento 
Metropolitan Air Quality Management District (SMAQMD) portion of the 
California State Implementation Plan (SIP) concerning the SMAQMD'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 Sacramento Metropolitan nonattainment area under the 
jurisdiction of the SMAQMD. We are proposing action on a SIP revision 
under the Clean Air Act (CAA or the Act). We are taking comments on 
this proposal and plan to follow with a final action.

DATES: Comments must be received on or before May 5, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2023-0036 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

[[Page 20087]]

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. 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: Eugene Chen, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4304 or by 
email at [email protected].

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

Table of Contents

I. The State's Submittal
    A. What documents did the State submit?
    B. Are there other versions of these documents?
    C. What is the purpose of the submitted documents?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the submitted documents?
    B. Do the documents meet the evaluation criteria?
    C. What are the deficiencies?
    D. Proposed Action and Public Comment
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What documents did the State submit?

    Table 1 lists the documents addressed by this proposal with the 
dates that they were adopted by the local air agency and submitted by 
the California Air Resource Board (CARB).

                      Table 1--Submitted Documents
------------------------------------------------------------------------
     Local agency              Document           Adopted     Submitted
------------------------------------------------------------------------
SMAQMD................  Demonstration of         03/23/2017   05/05/2017
                         Reasonably Available
                         Control Technology
                         for the 2008 Ozone
                         National Ambient Air
                         Quality Standard
                         (NAAQS) (``2017 RACT
                         SIP'').
SMAQMD................  Negative Declaration     03/22/2018   06/11/2018
                         for Control Technique
                         Guidelines for
                         Miscellaneous Metal
                         and Plastic Parts
                         Coatings (Pleasure
                         Craft Coating Portion
                         Only) (``Pleasure
                         Craft Coating
                         Negative
                         Declaration'').
------------------------------------------------------------------------

    The submittals for the 2017 RACT SIP and Pleasure Craft Coating 
Negative Declaration were determined to meet the completeness criteria 
in 40 CFR part 51, Appendix V, in letters dated October 31, 2017 and 
August 23, 2018, respectively.

B. Are there other versions of these documents?

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

C. What is the purpose of the submitted documents?

    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 nonattainment areas 
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 SMAQMD is subject to this 
requirement as it regulates the Sacramento County portion of the 
Sacramento Metropolitan ozone nonattainment area that was designated 
and classified as a Severe nonattainment area for the 2008 8-hour ozone 
NAAQS.\1\ Therefore, the SMAQMD must, at a minimum, adopt RACT-level 
controls for all sources covered by a CTG document and for all major 
non-CTG sources of VOCs or NOX within the ozone 
nonattainment area that it regulates. Any stationary source that emits 
or has the potential to emit at least 25 tons per year (tpy) of VOCs or 
NOX is a major stationary source in a Severe ozone 
nonattainment area (CAA section 182(d), (f) and 302(j)).
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    \1\ 77 FR 30088 (May 21, 2012).
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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 no sources in the nonattainment area 
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 SMAQMD's RACT SIP submittal and negative declarations provide 
SMAQMD's analyses of its compliance with the CAA section 182 RACT 
requirements for the 2008 8-hour ozone NAAQS.
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    \2\ 80 FR 12264 (March 6, 2015).
    \3\ Id. at 12278.
    \4\ Id.; 70 FR 71612, 71652 (November 29, 2005).
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    The EPA's technical support document (TSD) has more information 
about SMAQMD's RACT SIP, negative declarations, and the EPA's 
evaluations thereof.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the submitted documents?

    Generally, SIP rules must require RACT for each category of sources 
covered by a CTG document as well as each major source of VOCs or 
NOX in ozone nonattainment areas classified as Moderate or 
above (see CAA section 182(b)(2), (f)). The SMAQMD regulates the 
Sacramento County portion of the Sacramento Metropolitan ozone 
nonattainment area classified as Severe for the 2008 ozone standard (40 
CFR 81.305). Therefore, SMAQMD rules must implement RACT.
    States should also submit for SIP approval negative declarations 
for those CTGs for which they have no sources covered by the CTG, 
regardless of whether such negative declarations were made in a SIP for 
an earlier ozone standard.\5\ To do so, the submittal should provide 
reasonable assurance that no sources that fall under the CTG currently 
exist in the portion of the ozone nonattainment area that is regulated 
by the SMAQMD.
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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 nonattainment area is covered by a 
RACT-level rule. In addition, for each CTG, the District must either

[[Page 20088]]

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. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11, 
1990).
    3. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, 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).
    8. ``State Implementation Plans: Response to Petition for 
Rulemaking; Restatement and Update of EPA's SSM (startup, shutdown, 
malfunction) Policy Applicable to SIPs; Findings of Substantial 
Inadequacy; and SIP Calls to Amend Provisions Applying to Excess 
Emissions During Periods of Startup, Shutdown and Malfunction'' (80 FR 
33839) June 12, 2015 (2015 SSM SIP Action).
    9. ``Inclusion of Provisions Governing Periods of Startup, 
Shutdown, and Malfunctions in State Implementation Plans,'' EPA, 
October 9, 2020.
    10. ``Withdrawal of the October 9, 2020, Memorandum Addressing 
Startup, Shutdown, and Malfunctions in State Implementation Plans and 
Implementation of the Prior Policy,'' EPA, September 30, 2021.

B. Do the documents meet the evaluation criteria?

    SMAQMD's 2017 RACT SIP provides the District's demonstration that 
the applicable SIP for the SMAQMD satisfies CAA section 182 RACT 
requirements for the 2008 8-hour ozone NAAQS. The District based its 
demonstration on its analysis of SIP-approved requirements that apply 
to the following: (1) sources covered by a CTG, and (2) major non-CTG 
stationary sources of VOC or NOX emissions.
    With respect to CTG sources, SMAQMD identified several CTGs with 
covered sources (i.e., sources covered by the CTG and operating within 
the nonattainment area), and provided an evaluation of the District 
rules it relies upon to meet RACT for these CTGs. We reviewed the 
District's evaluation and agree that its rules implement RACT for the 
applicable CTGs. Our TSD has additional information about our 
evaluation of these rules.
    When there are no existing sources covered by a particular CTG 
document, or no major non-CTG sources of NOX or VOC, states 
may, in lieu of adopting RACT requirements for those sources, adopt 
negative declarations certifying that there are no such sources in the 
relevant nonattainment area. Appendix A of the 2017 RACT SIP lists 
SMAQMD's negative declarations for those instances where it has no 
sources subject to the applicable CTGs for the 2008 8-hour ozone NAAQS. 
These negative declarations are listed in Table 2 below. SMAQMD 
concludes that it has no sources subject to these listed CTGs based on 
a review of its permit files, emission inventory, business listings, 
and consultation with District permitting and enforcement staff. We 
reviewed SMAQMD's list of negative declarations and California 
Emissions Inventory data to verify the District's conclusion that it 
has no stationary sources subject to the CTGs for which it has adopted 
a negative declaration. We agree with the District's negative 
declarations in the 2017 RACT SIP and propose to approve them into the 
SIP.
    With respect to non-CTG major sources of NOX or VOC, 
SMAQMD identified twelve major sources exceeding the major source 
threshold for NOX or VOC, which is 25 tpy in Severe ozone 
nonattainment areas. As described in more detail in our TSD, we 
conclude that SMAQMD properly identified all major non-CTG sources of 
NOX or VOC requiring RACT. SMAQMD also identified several 
District rules, primarily NOX rules, that it relies upon to 
implement RACT at these major sources. As discussed in more detail in 
Section C below, we have noted certain deficiencies in several of the 
identified District rules, and conclude that these District rules do 
not fully satisfy the RACT requirement.

                                      Table 2--SMAQMD Negative Declarations
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                  CTG document No.                                        CTG document title
----------------------------------------------------------------------------------------------------------------
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-450/2-77-033....................................  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....................................  Manufacture of Pneumatic Rubber Tires.
EPA-450/2-78-032....................................  Factory Surface Coating of Flat Wood Paneling.
EPA-450/2-78-033....................................  Graphic Arts-Rotogravure and Flexography (Rotogravure
                                                       only).
EPA-450/2-78-03.....................................  Leaks from Petroleum Refinery Equipment.
EPA-450/3-82-009....................................  Large Petroleum Dry Cleaners.
EPA-450/3-83-007....................................  Leaks from Natural Gas/Gasoline Processing Plants.
EPA-450/3-83-008....................................  Manufacture of High-Density Polyethylene, Polypropylene,
                                                       and Polystyrene Resins.
EPA-450/3-84-015....................................  Air Oxidation Processes in Synthetic Organic Chemical
                                                       Manufacturing Industry.
EPA-453/R-94-032, 61 FR 44050; 8/27/96..............  ACT Surface Coating at Shipbuilding and Ship Repair
                                                       Facilities Shipbuilding and Ship Repair Operations
                                                       (Surface Coating).

[[Page 20089]]

 
EPA-453/R-97-004, 59 FR 29216; 6/06/94..............  Aerospace MACT and Aerospace (CTG & MACT).
EPA-453/R-06-004....................................  Flat Wood Paneling Coatings.
EPA 453/R-07-003....................................  Paper, Film, and Foil Coatings.
EPA 453/R-07-004....................................  Large Appliance Coatings.
EPA 453/R-08-003....................................  Miscellaneous Metal and Plastic Parts Coatings (Table 5--
                                                       Pleasure Craft Surface Coating).
EPA 453/R-08-004....................................  Fiberglass Boat Manufacturing Materials.
EPA 453/R-08-005....................................  Miscellaneous Industrial Adhesives.
EPA 453/R-08-006....................................  Automobile and Light-Duty Truck Assembly Coatings.
----------------------------------------------------------------------------------------------------------------

C. What are the deficiencies?

    EPA's startup, shutdown and malfunction (SSM) policy, as defined in 
the 2015 SSM SIP Action,\6\ notes that CAA Sec.  110(a)(2)(A) requires 
SIPs to include enforceable emission limitations and other control 
measures, means, or techniques as necessary to meet CAA requirements. 
The term ``emission limitation'' is defined in CAA Sec.  302(k) as a 
requirement that ``limits the quantity, rate, or concentration of 
emissions of air pollution on a continuous basis [. . .].'' An emission 
limitation or requirement that exempts a period of source operation, 
such as startup, cannot be considered continuous and is not consistent 
with CAA requirements (absent an alternative emission limitation that 
applies during such periods). Since such rule limits cannot be 
considered continuous limits given the presence of an exemption for 
periods of startup and shutdown, they do not implement RACT during all 
operating conditions, despite the level of stringency they may 
establish outside of startup and shutdown periods. Moreover, section 
110(a)(2) of the CAA requires SIP submissions to include enforceable 
emission limitations and other control measures, means, or techniques 
as may be necessary or appropriate to meet the applicable requirements 
of the Act. If a rule provides for an emission limitation during 
startup and shutdown, but that limitation is not enforceable, a state 
may not rely on this limit to establish RACT during startup and 
shutdown. Furthermore, if a rule establishes a limit during startup and 
shutdown, but expressly forbids the use of data generated during these 
times from use in establishing whether a violation occurred during 
these times, this restriction is not consistent with the Credible 
Evidence Rule.\7\
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    \6\ 80 FR 33839 (June 12, 2015).
    \7\ 62 FR 8314, February 24, 1997; 40 CFR 51.212. The Credible 
Evidence Rule provides that a SIP may not preclude the use of any 
credible evidence or information relevant to whether a source would 
have been in compliance with applicable requirements if the 
appropriate performance or compliance test procedure had been 
performed.
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    As discussed in more detail in our TSD, several of the District 
rules relied upon to implement RACT for non-CTG major sources of 
NOX contain provisions that are not consistent with EPA's 
SSM Policy. Rule 413 (Stationary Gas Turbines) contains a provision 
that explicitly exempts affected units from complying with rule 
standards during periods of startup and shutdown and does not provide 
for an alternative emissions limitation during such periods. Rule 411 
(NOX from Boilers, Process Heaters, and Steam Generators) 
and Rule 419 (NOX from Miscellaneous Combustion Units) both 
contain monitoring provisions that preclude the use of specified data 
for compliance determinations during periods of startup and shutdown. 
The deficiencies in these three rules represent the basis for our 
partial disapproval of SMAQMD's 2017 RACT SIP for non-CTG major sources 
of NOX, and must be remedied prior to full approval of the 
District's RACT SIP.

D. Proposed Action and Public Comment

    For the reasons discussed above and explained in more detail in our 
TSD, the EPA proposes to partially approve and partially disapprove the 
SMAQMD 2017 RACT SIP. As authorized in section 110(k)(3) of the Act, we 
are proposing to approve the SMAQMD 2017 RACT SIP for each of the CTGs 
addressed either by District rule or by negative declaration, as well 
as for non-CTG major sources of VOC. Also under section 110(k)(3), we 
propose to disapprove the SMAQMD 2017 RACT SIP as it pertains to non-
CTG major sources of NOX, based upon our conclusion that 
several of the District rules relied upon to implement RACT for this 
element contain deficiencies related to startup and shutdown. Table 3 
contains a listing of each RACT element, the District rule or negative 
declaration relied upon to address RACT, as well as our proposed action 
for that RACT element.
    The EPA is committed to working with SMAQMD to resolve the 
identified RACT deficiencies. However, should we finalize the proposed 
partial disapproval of the non-CTG major source NOX element 
of SMAQMD's 2017 RACT SIP, section 110(c) would require the EPA to 
promulgate a federal implementation plan (FIP) within 24 months unless 
we approve subsequent SIP revisions that correct the deficiencies 
identified in our final action. In this instance, we note that the EPA 
already has an existing obligation to promulgate a FIP for any RACT SIP 
elements that we have not taken final action to approve. This FIP 
obligation originates from our February 3, 2017 (82 FR 9158) finding 
that SMAQMD failed to submit a RACT SIP for the 2008 8-hour ozone NAAQS 
by the required submittal deadline. This finding of failure to submit 
established a FIP obligation deadline of February 3, 2019. In addition, 
final action on the proposed partial disapproval would trigger the 
offset sanction in CAA section 179(b)(2) 18 months after the effective 
date of a final disapproval, and the highway funding sanction in CAA 
section 179(b)(1) six months after the offset sanction is imposed. A 
sanction will not be imposed if the EPA determines that a subsequent 
SIP submission corrects the deficiencies identified in our final action 
before the applicable deadline.\8\
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    \8\ Our February 7, 2017 finding of failure to submit also 
triggered offset sanctions and highway funding sanctions. These 
sanctions clocks were extinguished by SMAQMD's submittal of its 2017 
RACT SIP and our October 31, 2017 and August 23, 2018 letters 
determining that the District's RACT SIP submittal was complete.
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    We will accept comments from the public on this proposed partial 
approval and partial disapproval until May 5, 2023. If finalized, this 
action would incorporate the approved portions of the 2017 RACT SIP and 
negative declarations into the SIP.

[[Page 20090]]



                                Table 3--List of RACT Elements--2008 Ozone NAAQS
----------------------------------------------------------------------------------------------------------------
                                                        District rule
         CTG document No.             RACT element      implementing    Negative declaration     EPA proposed
                                                            RACT              submitted             action
----------------------------------------------------------------------------------------------------------------
EPA-450/R-75-102..................  Design Criteria   448 (Gasoline     ....................  Approval.
                                     for Stage I       Transfer Into
                                     Vapor Control--   Stationary
                                     Gasoline          Storage
                                     Service           Containers).
                                     Stations.
EPA-450/2-77-008..................  Surface Coating   452 (Can          ....................  Approval.
                                     of Cans.          Coating).
EPA-450/2-77-008..................  Surface Coating   ................  Yes.................  Approval.
                                     of Coils.
EPA-450/2-77-008..................  Surface Coating   ................  Yes.................  Approval.
                                     of Paper.
EPA-450/2-77-008..................  Surface Coating   ................  Yes.................  Approval.
                                     of Fabric.
EPA-450/2-77-008..................  Surface Coating   ................  Yes.................  Approval.
                                     of Automobiles
                                     and Light-Duty
                                     Trucks.
EPA-450/2-77-022..................  Solvent Metal     454 (Degreasing   ....................  Approval.
                                     Cleaning.         Operations).
EPA-450/2-77-025..................  Refinery Vacuum   ................  Yes.................  Approval.
                                     Producing
                                     Systems,
                                     Wastewater
                                     Separators, and
                                     Process Unit
                                     Turnarounds.
EPA-450/2-77-026..................  Tank Truck        447 (Organic      ....................  Approval.
                                     Gasoline          Liquid Loading).
                                     Loading
                                     Terminals.
EPA-450/2-77-032..................  Surface Coating   451 (Surface      ....................  Approval.
                                     of Metal          Coating of
                                     Furniture.        Miscellaneous
                                                       Metal Parts and
                                                       Products).
EPA-450/2-77-033..................  Surface Coating   ................  Yes.................  Approval.
                                     of Insulation
                                     of Magnet Wire.
EPA-450/2-77-034..................  Surface Coating   ................  Yes.................  Approval.
                                     of Large
                                     Appliances.
EPA-450/2-77-035..................  Bulk Gasoline     447 (Organic      ....................  Approval.
                                     Plants.           Liquid Loading).
EPA-450/2-77-036..................  Storage of        446 (Storage of   ....................  Approval.
                                     Petroleum         Petroleum
                                     Liquids in        Products).
                                     Fixed-Roof
                                     Tanks.
EPA-450/2-77-037..................  Cutback Asphalt.  453 (Cutback and  ....................  Approval.
                                                       Emulsified
                                                       Asphalt Paving
                                                       Materials).
EPA-450/2-78-015..................  Surface Coating   451 (Surface      ....................  Approval.
                                     of                Coating of
                                     Miscellaneous     Miscellaneous
                                     Metal Parts and   Metal Parts and
                                     Products.         Products).
EPA-450/2-78-029..................  Manufacture of    464 (Organic      ....................  Approval.
                                     Synthesized       Chemical
                                     Pharmaceutical    Manufacturing
                                     Products.         Operations).
EPA-450/2-78-030..................  Manufacture of    ................  Yes.................  Approval.
                                     Pneumatic
                                     Rubber Tires.
EPA-450/2-78-032..................  Factory Surface   ................  Yes.................  Approval.
                                     Coating of Flat
                                     Wood Paneling.
EPA-450/2-78-033..................  Graphic Arts-     450 (Graphic      Yes--Rotogravure      Approval.
                                     Rotogravure and   Arts              only.
                                     Flexography.      Operations)--Fl
                                                       exography only.
EPA-450/2-78-036..................  Leaks from        ................  Yes.................  Approval.
                                     Petroleum
                                     Refinery
                                     Equipment.
EPA-450/2-78-047..................  Petroleum Liquid  446 (Storage of   ....................  Approval.
                                     Storage in        Petroleum
                                     External          Products).
                                     Floating Roof
                                     Tanks.
EPA-450/2-78-051..................  Leaks from        447 (Organic      ....................  Approval.
                                     Gasoline Tank     Liquid
                                     Trucks and        Loading), 448
                                     Vapor             (Gasoline
                                     Collection        Transfer Into
                                     Systems.          Stationary
                                                       Storage
                                                       Containers).
EPA-450/3-82-009..................  Large Petroleum   ................  Yes.................  Approval.
                                     Dry Cleaners.
EPA-450/3-83-006..................  Leaks from        443 (Leaks from   ....................  Approval.
                                     Synthetic         Synthetic
                                     Organic           Organic
                                     Chemical          Chemical and
                                     Polymer and       Polymer
                                     Resin             Manufacturing).
                                     Manufacturing
                                     Equipment.
EPA-450/3-83-007..................  Leaks from        ................  Yes.................  Approval.
                                     Natural Gas/
                                     Gasoline
                                     Processing
                                     Plants.
EPA-450/3-83-008..................  Manufacture of    ................  Yes.................  Approval.
                                     High-Density
                                     Polyethylene,
                                     Polypropylene,
                                     and Polystyrene
                                     Resins.
EPA-450/3-84-015..................  Air Oxidation     ................  Yes.................  Approval.
                                     Processes in
                                     Synthetic
                                     Organic
                                     Chemical
                                     Manufacturing
                                     Industry.
EPA-450/4-91-031..................  Reactor           464 (Organic      ....................  Approval.
                                     Processes and     Chemical
                                     Distillation      Manufacturing
                                     Operations in     Operations).
                                     Synthetic
                                     Organic
                                     Chemical
                                     Manufacturing
                                     Industry.
EPA-453/R-96-007..................  Wood Furniture    ................  Yes.................  Approval.
                                     Manufacturing
                                     Operations.
EPA-453/R-94-032, 61 FR 44050; 8/   ACT Surface       ................  Yes.................  Approval.
 27/96.                              Coating at
                                     Shipbuilding
                                     and Ship Repair
                                     Facilities
                                     Shipbuilding
                                     and Ship Repair
                                     Operations
                                     (Surface
                                     Coating).
EPA-453/R-97-004, 59 FR 29216; 6/   Aerospace MACT    ................  Yes.................  Approval.
 06/94.                              and Aerospace
                                     (CTG & MACT).
EPA-453/R-06-001..................  Industrial        466 (Solvent      ....................  Approval.
                                     Cleaning          Cleaning).
                                     Solvents.
EPA-453/R-06-002..................  Offset            450 (Graphic      ....................  Approval.
                                     Lithographic      Arts
                                     Printing and      Operations).
                                     Letterpress
                                     Printing.
EPA-453/R-06-003..................  Flexible Package  450 (Graphic      ....................  Approval.
                                     Printing.         Arts
                                                       Operations).
EPA-453/R-06-004..................  Flat Wood         ................  Yes.................  Approval.
                                     Paneling
                                     Coatings.
EPA 453/R-07-003..................  Paper, Film, and  ................  Yes.................  Approval.
                                     Foil Coatings.
EPA 453/R-07-004..................  Large Appliance   ................  Yes.................  Approval.
                                     Coatings.
EPA 453/R-07-005..................  Metal Furniture   451 (Surface      ....................  Approval.
                                     Coatings.         Coating of
                                                       Miscellaneous
                                                       Metal Parts and
                                                       Products).
EPA 453/R-08-003..................  Miscellaneous     451 (Surface      ....................  Approval.
                                     Metal Parts       Coating of
                                     Coatings: Table   Miscellaneous
                                     2--Metal Parts    Metal Parts and
                                     and Products.     Products).
EPA 453/R-08-003..................  Miscellaneous     468 (Surface      ....................  Approval.
                                     Plastic Parts     Coating of
                                     Coatings: Table   Plastic Parts
                                     3--Plastic        and Products).
                                     Parts and
                                     Products.
EPA 453/R-08-003..................  Miscellaneous     468 (Surface      ....................  Approval.
                                     Plastic Parts     Coating of
                                     Coatings: Table   Plastic Parts
                                     4--Automotive/    and Products).
                                     Transportation
                                     and Business
                                     Machine Plastic
                                     Parts.
EPA 453/R-08-003..................  Miscellaneous     ................  Yes.................  Approval.
                                     Plastic Parts
                                     Coatings: Table
                                     5--Pleasure
                                     Craft Surface
                                     Coating.
EPA 453/R-08-003..................  Miscellaneous     459 (Automotive,  ....................  Approval.
                                     Plastic Parts     Truck, and
                                     Coatings: Table   Heavy Equipment
                                     6--Motor          Refinishing
                                     Vehicle           Operations).
                                     Materials.
EPA 453/R-08-004..................  Fiberglass Boat   ................  Yes.................  Approval.
                                     Manufacturing
                                     Materials.
EPA 453/R-08-005..................  Miscellaneous     ................  Yes.................  Approval.
                                     Industrial
                                     Adhesives.

[[Page 20091]]

 
EPA 453/R-08-006..................  Automobile and    ................  Yes.................  Approval.
                                     Light-Duty
                                     Truck Assembly
                                     Coatings.
                                    Non-CTG Major     411 (NOX from     ....................  Disapproval.\9\
                                     Sources of NOX.   Boilers,
                                                       Process
                                                       Heaters, and
                                                       Steam
                                                       Generators),
                                                       412 (Stationary
                                                       Internal
                                                       Combustion
                                                       Engines), 413
                                                       (Stationary Gas
                                                       Turbines), 419
                                                       (NOX from
                                                       Miscellaneous
                                                       Combustion
                                                       Units).
                                    Non-CTG Major     Source-specific   ....................  Approval.
                                     Sources of VOC.   Requirements.
----------------------------------------------------------------------------------------------------------------

III. Statutory and Executive Order Reviews
---------------------------------------------------------------------------

    \9\ As described in greater detail in our Technical Support 
Document (Docket Item B-01), the proposed disapproval for the non-
CTG major sources of NOX element is based in the 
deficiencies noted in Rules 411 and 413, as well as the lack of SIP-
approved RACT level controls for the Mitsubishi Chemical and Carbon 
Fiber Composites facility due to the deficiencies noted in the 
submitted version of Rule 419.
---------------------------------------------------------------------------

    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 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 Population

    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provision of the Act and applicable 
federal regulations. 42 U.S.C. 740(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to review state choices, 
and approve those choices if they meet the minimum criteria of the Act. 
Accordingly, this proposed action partially approves and partially 
disapproves state law as meeting federal requirements and does not 
impose additional requirements beyond those imposed by state law.

[[Page 20092]]

    The District did not evaluate environmental justice considerations 
as part of its SIP submittal; the CAA and applicable implementing 
regulations neither prohibit nor require such an evaluation. The EPA 
did not perform an EJ analysis and did not consider EJ in this action. 
Consideration of EJ is not required as part of this action, and 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.

List of Subjects in 40 CFR Part 52

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

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

    Dated: March 28, 2023.
Kerry Drake,
Acting Regional Administrator, Region IX.
[FR Doc. 2023-06829 Filed 4-4-23; 8:45 am]
BILLING CODE 6560-50-P


