[Federal Register Volume 88, Number 77 (Friday, April 21, 2023)]
[Rules and Regulations]
[Pages 24491-24492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08439]



[[Page 24491]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2023-0155; FRL-10771-01-R9]


Air Plan Revisions; California; Technical Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendments.

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SUMMARY: The Environmental Protection Agency (EPA) is making technical 
amendments to the Code of Federal Regulations (CFR) to properly codify 
negative declarations submitted by the State of California on behalf of 
local air agencies as revisions to the California State Implementation 
Plan (SIP). The regulatory text and materials affected by these format 
changes have all been previously submitted by the State of California 
and approved by the EPA.

DATES: These technical amendments are effective April 21, 2023.

FOR FURTHER INFORMATION CONTACT: Elijah Gordon, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3158 or by 
email at [email protected]. Mae Wang, EPA Region IX, 75 Hawthorne 
St., San Francisco, CA 94105. By phone: (415) 947-4137 or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: In this rule, the EPA is making 
administrative changes in the ``Negative declarations'' section in 40 
CFR part 52, subpart F. These technical amendments will reformat the 
table listings of negative declarations from California districts as 
codified in 40 CFR 52.222 and include minor changes to regulatory text 
for proper table identification. The purpose of these changes is to 
align the structure and identification of tables in 40 CFR 52.222 to be 
consistent with current CFR guidelines for orderly codification and to 
provide clarity in the regulatory text. The changes simply revise the 
codification of provisions that are already in effect as a matter of 
law in federal and approved state programs. This action makes no change 
to the substance of 40 CFR 52.222.
    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 making administrative 
changes and 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.
    The EPA also finds that there is good cause under APA section 
553(d)(3) for these amendments to become effective on the date of 
publication of this action. Section 553(d)(3) of the APA allows an 
effective date of less than 30 days after publication ``as otherwise 
provided by the agency for good cause found and published with the 
rule.'' 5 U.S.C. 553(d)(3). The purpose of the 30-day waiting period 
prescribed in APA section 553(d)(3) is to give affected parties a 
reasonable time to adjust their behavior and prepare before the final 
rule takes effect. This rule does not create any new regulatory 
requirements such that affected parties would need time to prepare 
before the rule takes effect. This action merely makes administrative 
changes that align the structure and identification of tables in 40 CFR 
52.222 to be consistent with current CFR guidelines. For these reasons, 
the EPA finds good cause under APA section 553(d)(3) for these changes 
to become effective on the date of publication of this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Intergovernmental 
relations, Nitrogen oxides, Ozone, Volatile organic compounds.

    Dated: April 14, 2023.
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


Sec.  52.222  [Amended]

0
2. In Sec.  52.222:
0
a. In the table immediately following paragraph (a)(1)(vii), designate 
the rows as paragraphs (a)(1)(vii)(A) through (S);
0
b. Revise paragraph (a)(2)(iv) introductory text;
0
c. In the table immediately following paragraph (a)(2)(iv),
0
i. Designate each entry in the first column as paragraphs (a)(2)(iv)(A) 
through (Q); and
0
ii. Designate the two cells in the second column of newly designated 
paragraph (a)(2)(iv)(L) as paragraphs (a)(2)(iv)(L)(1) and (2), 
respectively;
0
d. Add introductory text to paragraph (a)(4)(ii);
0
e. In the table immediately following paragraph (a)(4)(ii),
0
i. Designate each entry in the first column as paragraphs (a)(4)(ii)(A) 
through (P);
0
ii. Designate the two cells in the second column of newly designated 
paragraph (a)(4)(ii)(B) as paragraphs (a)(4)(ii)(B)(1) and (2), 
respectively;
0
iii. Designate the two cells in the second column of newly designated 
paragraph (a)(4)(ii)(F) as paragraphs (a)(4)(ii)(F)(1) and (2), 
respectively;
0
iv. Designate the two cells in the second column of newly designated 
paragraph (a)(4)(ii)(H) as paragraphs (a)(4)(ii)(H)(1) and (2), 
respectively;
0
v. Designate the two cells in the second column of newly designated 
paragraph (a)(4)(ii)(M) as paragraphs (a)(4)(ii)(M)(1) and (2), 
respectively; and
0
vi. Designate the two cells in the second column of newly designated 
paragraph (a)(4)(ii)(P) as paragraphs (a)(4)(ii)(P)(1) and (2), 
respectively;
0
f. Remove and reserve paragraph (a)(4)(iii);
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g. In the table immediately following paragraph (a)(5)(ii),
0
i. Remove the table designation and heading; and
0
ii. Designate the rows as paragraphs (a)(5)(ii)(A) through (W);
0
h. In the table immediately following paragraph (a)(5)(iii),
0
i. Remove the table designation and heading; and
0
ii. Designate the rows as paragraphs (a)(5)(iii)(A) through (C);
0
i. In the table immediately following paragraph (a)(6)(x), designate 
the rows as paragraphs (a)(6)(x)(A) through (T);
0
j. Revise paragraph (a)(6)(xi) introductory text;
0
k. Immediately following paragraph (a)(6)(xi) introductory text,
0
i. Remove the table heading of the first undesignated table;

[[Page 24492]]

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ii. In the first table, designate the rows as paragraphs (a)(6)(xi)(A) 
through (C); and
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iii. Remove the second table;
0
l. Add paragraph (a)(6)(xiii);
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m. In the table immediately following paragraph (a)(7)(iv),
0
i. Remove the table heading; and
0
ii. Designate the rows as paragraphs (a)(7)(iv)(A) through (LL);
0
n. In the table immediately following paragraph (a)(8)(iii),
0
i. Remove the table heading; and
0
ii. Designate the rows as paragraphs (a)(8)(iii)(A) through (I);
0
o. In the table immediately following paragraph (a)(9)(i),
0
i. Remove the table designation and heading; and
0
ii. Designate the rows as paragraphs (a)(9)(i)(A) through (LL);
0
p. In the table immediately following paragraph (a)(9)(iv),
0
i. Remove the table designation and heading; and
0
ii. Designate the rows as paragraphs (a)(9)(iv)(A) through (PP);
0
q. In the table immediately following paragraph (a)(9)(v),
0
i. Remove the table designation and heading; and
0
ii. Designate the rows as paragraphs (a)(9)(v)(A) through (UU);
0
r. Revise paragraph (a)(11)(i) introductory text;
0
s. In the table immediately following paragraph (a)(11)(i), designate 
the rows as paragraphs (a)(11)(i)(A) through (OO);
0
t. Revise paragraph (a)(12)(i) introductory text;
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u. In the table immediately following paragraph (a)(12)(i),
0
i. Designate each entry in the first column as paragraphs (a)(12)(i)(A) 
through (X);
0
ii. Designate the two cells in the second column of newly designated 
paragraph (a)(12)(i)(B) as paragraphs (a)(12)(i)(B)(1) and (2), 
respectively;
0
iii. Designate the two cells in the second column of newly designated 
paragraph (a)(12)(i)(E) as paragraphs (a)(12)(i)(E)(1) and (2), 
respectively;
0
iv. Designate the two cells in the second column of newly designated 
paragraph (a)(12)(i)(H) as paragraphs (a)(12)(i)(H)(1) and (2), 
respectively;
0
v. Designate the two cells in the second column of newly designated 
paragraph (a)(12)(i)(L) as paragraphs (a)(12)(i)(L)(1) and (2), 
respectively;
0
vi. Designate the two cells in the second column of newly designated 
paragraph (a)(12)(i)(R) as paragraphs (a)(12)(i)(R)(1) and (2), 
respectively;
0
vii. Designate the two cells in the second column of newly designated 
paragraph (a)(12)(i)(U) as paragraphs (a)(12)(i)(U)(1) and (2), 
respectively; and
0
viii. Designate the two cells in the second column of newly designated 
paragraph (a)(12)(i)(W) as paragraphs (a)(12)(i)(W)(1) and (2), 
respectively;
0
v. In the table immediately following paragraph (a)(12)(ii), designate 
the rows as paragraphs (a)(12)(ii)(A) through (KK);
0
w. In the table immediately following paragraph (a)(14)(i),
0
i. Designate each entry in the first column as paragraphs (a)(14)(i)(A) 
through (O);
0
ii. Designate the two cells in the second column of newly designated 
paragraph (a)(14)(i)(F) as paragraphs (a)(14)(i)(F)(1) and (2), 
respectively;
0
iii. Designate the two cells in the second column of newly designated 
paragraph (a)(14)(i)(L) as paragraphs (a)(14)(i)(L)(1) and (2), 
respectively; and
0
iv. Designate the two cells in the second column of newly designated 
paragraph (a)(14)(i)(O) as paragraphs (a)(14)(i)(O)(1) and (2), 
respectively;
0
x. In the table immediately following paragraph (a)(14)(ii), designate 
the rows as paragraphs (a)(14)(ii)(A) through (EE);
0
y. In the table immediately following paragraph (a)(16)(i),
0
i. Remove the table designation; and
0
ii. Designate the rows as paragraphs (a)(16)(i)(A) through (MM).
    The revisions and additions read as follows:


Sec.  52.222  Negative declarations.

    (a) * * *
    (2) * * *
    (iv) The following negative declarations for the 1997 ozone NAAQS 
were adopted by the Sacramento Metropolitan Air Quality Management 
District.
* * * * *
    (4) * * *
    (ii) The following negative declarations for the 2008 ozone NAAQS 
were adopted by the Placer County Air Pollution Control District on 
February 13, 2014, and submitted to the EPA on April 14, 2014.
* * * * *
    (6) * * *
    (xi) The following negative declarations for the 1997 ozone NAAQS 
were adopted by the Antelope Valley Air Quality Management District on 
December 20, 2016, and submitted to the EPA on June 7, 2017.
* * * * *
    (xiii) The following negative declarations for the 2008 ozone NAAQS 
were adopted by the Antelope Valley Air Quality Management District on 
December 20, 2016, and submitted to the EPA on June 7, 2017.

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                 CTG source category                                    CTG reference document
----------------------------------------------------------------------------------------------------------------
(A) Can Coating.....................................  Control of Volatile Organic Emissions from Existing
                                                       Stationary Sources--Volume II: Surface Coating of Cans,
                                                       Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks
                                                       (EPA-450/2-77-008, 05/1977).
(B) Drum Coating....................................  Control Techniques Guidelines for Miscellaneous Metal and
                                                       Plastic Parts Coatings (EPA-453/R-08-003, 09/2008).
(C) Flat Wood Paneling Coating......................  Control of Volatile Organic Emissions from Existing
                                                       Stationary Sources--Volume VII: Factory Surface Coating
                                                       of Flat Wood Paneling (EPA-450/2-78-032, 06/1978).
(D) Metal Furniture Coating.........................  Control of Volatile Organic Emissions from Existing
                                                       Stationary Sources--Volume III: Surface Coating of Metal
                                                       Furniture (EPA-450/2-77-032, 12/1977).
(E) Pleasure Craft Coating..........................  Control Techniques Guidelines for Miscellaneous Metal and
                                                       Plastic Parts Coatings (EPA-453/R-08-003, 09/2008).
(F) Tank Truck Gasoline Loading Terminals...........  Control of Hydrocarbons from Tank Truck Gasoline Loading
                                                       Terminals (EPA-450/2-77-026, 10/1977).
----------------------------------------------------------------------------------------------------------------

* * * * *
    (11) * * *
    (i) The following negative declarations for the 1997 and 2008 ozone 
NAAQS were adopted by the Feather River Air Quality Management 
District.
* * * * *
    (12) * * *
    (i) The following negative declarations for the 1997 ozone NAAQS 
were adopted by the Imperial County Air Pollution Control District on 
July 13, 2010, and submitted to the EPA on December 21, 2010.
* * * * *
[FR Doc. 2023-08439 Filed 4-20-23; 8:45 am]
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