80_FR_19614 80 FR 19544 - Revisions to the California State Implementation Plan, Northern Sierra Air Quality Management District

80 FR 19544 - Revisions to the California State Implementation Plan, Northern Sierra Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 70 (April 13, 2015)

Page Range19544-19548
FR Document2015-08421

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Northern Sierra Air Quality Management District (NSAQMD or the District) portion of the California State Implementation Plan (SIP). The submitted SIP revision contains the District's demonstration regarding Reasonably Available Control Technology (RACT) requirements for the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS). The submitted SIP revision also contains negative declarations for volatile organic compound (VOC) source categories for the NSAQMD. We are approving the submitted SIP revision under the Clean Air Act as amended in 1990 (CAA or the Act).

Federal Register, Volume 80 Issue 70 (Monday, April 13, 2015)
[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Rules and Regulations]
[Pages 19544-19548]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08421]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0832; FRL-9925-33-Region 9]


Revisions to the California State Implementation Plan, Northern 
Sierra Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the Northern Sierra Air Quality 
Management District (NSAQMD or the District) portion of the California 
State Implementation Plan (SIP). The submitted SIP revision contains 
the District's demonstration regarding Reasonably Available Control 
Technology (RACT) requirements for the 1997 8-hour ozone National 
Ambient Air Quality Standards (NAAQS). The submitted SIP revision also 
contains negative declarations for volatile organic compound (VOC) 
source categories for the NSAQMD. We are approving the submitted SIP 
revision under the Clean Air Act as amended in 1990 (CAA or the Act).

DATES: This rule is effective on June 12, 2015 without further notice, 
unless EPA receives adverse comments by May 13, 2015. If we receive 
such comments, we will publish a timely withdrawal in the Federal 
Register to notify the public that this direct final rule will not take 
effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2014-0832, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email: steckel.andrew@epa.gov.
    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at www.regulations.gov, 
including any personal information provided, unless the comment 
includes Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Information that you 
consider CBI or otherwise protected should be clearly identified as 
such and should not be submitted through www.regulations.gov or email. 
www.regulations.gov is an ``anonymous access'' system, and EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send email directly to EPA, your email 
address will

[[Page 19545]]

be automatically captured and included as part of the public comment. 
If EPA cannot read your comment due to technical difficulties and 
cannot contact you for clarification, EPA may not be able to consider 
your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses.
    Docket: Generally, documents in the docket for this action are 
available electronically at www.regulations.gov and in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California. While all 
documents in the docket are listed at www.regulations.gov, some 
information may be publicly available only at the hard copy location 
(e.g., copyrighted material, large maps), and some may not be publicly 
available in either location (e.g., CBI). To inspect the hard copy 
materials, please schedule an appointment during normal business hours 
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: James Shears, EPA Region IX, (213) 
244-1810, shears.james@epa.gov.

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

Table of Contents

I. The State's Submittal.
    A. What document did the State submit?
    B. Are there other versions of document?
    C. What is the purpose of the RACT SIP submission?
II. EPA's Evaluation and Action.
    A. How is EPA evaluating the RACT SIP submission?
    B. Does the RACT SIP submission meet the evaluation criteria?
    C. EPA's recommendations to strengthen the RACT SIP.
    D. Public comment and final action.
III. Statutory and Executive Order Reviews.

I. The State's Submittal

A. What document did the State submit?

    Table 1 lists the document addressed by this action with the date 
that it was adopted by the local air agency and submitted to EPA by the 
California Air Resources Board (CARB).

                                           Table 1--Submitted Document
----------------------------------------------------------------------------------------------------------------
               Local  Agency                               Document                   Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
NSAQMD.....................................  2007 Reasonably Available Control           6/25/07          2/7/08
                                              Technology (RACT) State
                                              Implementation Plan (SIP) for
                                              Western Nevada County 8-Hour Ozone
                                              Non-Attainment Area (``2007 RACT
                                              SIP'').
----------------------------------------------------------------------------------------------------------------

    The 2007 RACT SIP became complete by operation of law on August 7, 
2008 pursuant to CAA 110(k)(1)(B).

B. Are there other versions of this document?

    There is no previous submitted version of NSAQMD's 2007 RACT SIP.

C. What is the purpose of the RACT SIP submission?

    Volatile organic compounds (VOCs) and nitrogen oxides 
(NOX) help produce ground-level ozone and smog, which harm 
human health and the environment. Section 110(a) of the CAA requires 
States to submit enforceable 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 require 
implementation of RACT for any source covered by a CTG document and any 
other major stationary source of VOCs or NOX. The NSAQMD is 
subject to this requirement because it regulates western Nevada County, 
which is designated and classified as a subpart 2 moderate ozone 
nonattainment area for the 1997 8-hour ozone NAAQS (see 40 CFR 81.305). 
Therefore, NSAQMD must, at a minimum, adopt RACT-level controls for all 
sources covered by a CTG document and for all major non-CTG stationary 
sources of VOCs or NOX in western Nevada County.

II. EPA's Evaluation and Action

A. How is EPA evaluating the RACT SIP submission?

    NSAQMD regulates a nonattainment area classified as subpart 2 
moderate for the 1997 8-hour ozone NAAQS (see 40 CFR 81.305). CAA 
Section 182(b)(2) and (f), as well as 40 CFR 51.912(a)(1) require that 
SIPs for ozone nonattainment areas classified as moderate or above 
require implementation of RACT for any source covered by a CTG document 
and any other major stationary source of VOCs or NOX. Any 
stationary source that emits or has a potential to emit at least 100 
tons per year (tpy) of VOCs or NOX in a moderate ozone 
nonattainment area is considered a major stationary source (see CAA 
sections 182(b(2)) and (f) and 302(j)). Where there are no existing 
sources covered by a particular CTG document or no other major 
stationary sources of VOCs or NOX, states may, in lieu of 
adopting RACT requirements, adopt negative declarations certifying that 
there are no such sources in the relevant nonattainment area (see 
Memorandum from William T. Harnett to Regional Air Division Directors, 
(May 18, 2006), ``RACT Qs & As--Reasonably Available Control Technology 
(RACT) Questions and Answers'' page 7).
    SIP rules must be enforceable (see CAA section 110(a)(2)), must not 
interfere with applicable requirements concerning attainment and 
reasonable further progress or other CAA requirements (see CAA section 
110(l)), and must not modify certain SIP control requirements in 
nonattainment areas without ensuring equivalent or greater emissions 
reductions (see CAA section 193).
    Guidance and policy documents that we use to evaluate CAA section 
182 RACT SIPs include the following:

1. ``Final Rule to Implement the 8-Hour Ozone National Ambient Air 
Quality Standard--Phase 2'' (70 FR 71612; November 29, 2005).
2. ``Air Quality Designations and Classifications for the 8-Hour 
Ozone National Ambient Air Quality Standards; Early Action Compact 
Areas With Deferred Dates''--Final Rule (69 FR 23858; April 30, 
2004).
3. ``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).
4. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations: Clarification to Appendix D of November 24, 1987 Federal 
Register, May 25, 1988, Revised January 11, 1990, U.S. EPA, Air 
Quality Management Division, Office of Air Quality Planning and 
Standards (``The Blue Book'').
5. Guidance Document for Correcting Common VOC and Other Rule 
Deficiencies, August 21, 2001, U.S. EPA Region IX (the ``Little 
Bluebook'').
6. ``State Implementation Plans; Nitrogen Oxides Supplement to the 
General Preamble for the Implementation of Title I of the Clean Air 
Act Amendments of 1990'' (57 FR 55620, November 25, 1992) (``the 
NOX Supplement'').

[[Page 19546]]

7. Memorandum from William T. Harnett to Regional Air Division 
Directors, (May 18, 2006), ``RACT Qs & As--Reasonably Available 
Control Technology (RACT) Questions and Answers.''
8. RACT SIPs, Letter dated March 9, 2006 from EPA Region IX (Andrew 
Steckel) to CARB (Kurt Karperos) describing Region IX's 
understanding of what constitutes a minimally acceptable RACT SIP.
9. ``Final Rule to Implement the 1997 8-Hour Ozone National Ambient 
Air Quality Standard: Classification of Areas That Were Initially 
Classified Under Subpart 1; Revision of the Anti-Backsliding 
Provisions To Address 1-Hour Contingency Measure Requirements; 
Deletion of Obsolete 1-Hour Standard Provision''--Final Rule (77 FR 
28424; May 14, 2012).
10. ``Model Volatile Organic Compound Rules for Reasonably Available 
Control Technology'', EPA (June 1992).
11. Beyond VOC RACT Requirements'', EPA (April 1995).
12. EPA's CTGs http://www.epa.gov/glo/SIPToolkit/ctgs.html.
13. CARB's emissions inventory database http://www.arb.ca.gov/app/emsinv/facinfo/facinfo.php
14. NSAQMD, CARB and EPA Region IX databases of NSAQMD rules--
NSAQMD: http://myairdistrict.com/index.php?Itemid=71, CARB: http://www.arb.ca.gov/ridb.htm, EPA: http://epa.gov/region09/air/sips/index.html.

B. Does the RACT SIP submission meet the evaluation criteria?

    The 2007 RACT SIP includes three elements, as described further 
below:

1. Evaluations of VOC and NOX rules for sources subject 
to a CTG.
2. Negative declarations where there are no facilities subject to a 
CTG.
3. Negative declaration for major non-CTG sources of VOC or 
NOX.

    NSAQMD provided its 2007 RACT SIP for public comment prior to the 
public hearing for adoption. No written comments were received by the 
District. NSAQMD also supplemented 2007 RACT with various other 
submittals as described below.
1. Evaluations of VOC and NOX Rules for Sources Subject to a 
CTG
    NSAQMD's 2007 RACT SIP referenced various VOC rules that apply to 
western Nevada County. Subsequent to its adoption of the 2007 RACT SIP 
on June 25, 2007, NSAQMD amended a number of these rules and submitted 
them to EPA for approval into the SIP. These submittals effectively 
supersede the 2007 RACT SIP with respect to Rules 213, 214, 215 and 
228. The following rules were subsequently approved by EPA into the 
SIP: Rule 214 (78 FR 897, January 7, 2013), Rule 215 (76 FR 44493, July 
26, 2011), Rule 227 (74 FR 56120, October 30, 2009), and Rule 228 (77 
FR 47536, August 9, 2011). Rule 213 was rescinded by NSAQMD (April 25, 
2011), and was incorporated into the SIP-approved Rule 214.
    In our recent approvals of these rules, we found that the rules 
fulfilled RACT requirements. We are not aware of information suggesting 
that additional controls are needed to fulfill RACT since our approval 
of these rules. Therefore, we concur that NSAQMD implements has adopted 
RACT-level rules requirements for vapor recovery systems.
2. Negative Declarations Where There Are No Facilities Subject to a CTG
    Table 2 of NSAQMD's 2007 RACT SIP lists not only CTGs, but also 
other documents relevant to establishing RACT at major sources. 
Negative declarations are only required for CTG source categories for 
which the District has no sources covered by the CTG. A negative 
declaration is not required for non-CTG source categories. Table 2 
below lists the CTG source categories that remain after we excluded 
non-CTG documents from NSAQMD's 2007 RACT SIP Table 2. The District 
indicated it does not anticipate sources in these categories in the 
future. We searched CARB's emissions inventory database to verify there 
are no facilities in NSAQMD that might be subject to the CTGs listed 
below. We concur with the District's negative declarations.
    On August 14, 2008 and May 17, 2011, CARB submitted NSAQMD's 
negative declarations for 10 CTGs issued or updated by EPA between 2006 
and 2008. EPA approved these declarations on April 18, 2012 (77 FR 
23130).

                  Table 2--NSAQMD Negative Declarations
------------------------------------------------------------------------
        CTG Source category                CTG Reference document
------------------------------------------------------------------------
Aerospace.........................  EPA-453/R-97-004, Aerospace CTG and
                                     MACT.
Automobile and Light-duty Trucks,   EPA-450/2-77-008, Control of
 Surface Coating of.                 Volatile Organic Emissions from
                                     Existing Stationary Sources--Volume
                                     II: Surface Coating of Cans, Coils,
                                     Paper, Fabrics, Automobiles, and
                                     Light-Duty Trucks.
Cans and Coils, Surface Coating of  EPA-450/2-77-008, Control of
                                     Volatile Organic Emissions from
                                     Existing Stationary Sources--Volume
                                     II: Surface Coating of Cans, Coils,
                                     Paper, Fabrics, Automobiles, and
                                     Light-Duty Trucks.
Flat Wood Paneling, Surface         EPA-450/2-78-032, Control of
 Coating of.                         Volatile Organic Emissions from
                                     Existing Stationary Sources--Volume
                                     VII: Factory Surface Coating of
                                     Flat Wood Paneling.
Gasoline Loading Terminals........  EPA-450/2-77-026, Control of
                                     Hydrocarbons from Tank Truck
                                     Gasoline Loading Terminals.
Graphic Arts--Rotogravure and       EPA-450/2-78-033, Control of
 Flexography.                        Volatile Organic Emissions from
                                     Existing Stationary Sources, Volume
                                     III: Graphic Arts--Rotogravure and
                                     Flexography.
Large Appliances, Surface Coating   EPA-450/2-77-034, Control of
 of.                                 Volatile Organic Emissions from
                                     Existing Stationary Sources--Volume
                                     V: Surface Coating of Large
                                     Appliances.
Large Petroleum Dry Cleaners......  EPA-450/3-82-009, Control of
                                     Volatile Organic Compound Emissions
                                     from Large Petroleum Dry Cleaners.
Magnet Wire, Surface Coating for    EPA-450/2-77-033, Control of
 Insulation of.                      Volatile Organic Emissions from
                                     Existing Stationary Sources--Volume
                                     IV: Surface Coating of Insulation
                                     of Magnet Wire.
Metal Furniture Coatings..........  EPA-450/2-77-032, Control of
                                     Volatile Organic Emissions from
                                     Existing Stationary Sources--Volume
                                     III: Surface Coating of Metal
                                     Furniture.
Natural Gas/Gasoline Processing     EPA-450-83-007, Control of Volatile
 Plants Equipment Leaks.             Organic Compound Equipment Leaks
                                     from Natural Gas/Gasoline
                                     Processing Plants.
Petroleum Liquid Storage in         EPA-450/2-78-047, Control of
 External Floating Roof Tanks.       Volatile Organic Compound Emissions
                                     from Petroleum Liquid Storage in
                                     External Floating Roof Tanks.
Petroleum Refineries..............  EPA-450/2-77-025, Control of
                                     Refinery Vacuum Producing Systems,
                                     Wastewater Separators, and Process
                                     Unit Turnarounds.
                                    EPA-450/2-78-036, Control of
                                     Volatile Organic Compound Leaks
                                     from Petroleum Refinery Equipment.

[[Page 19547]]

 
Pharmaceutical Products...........  EPA-450/2-78-029, Control of
                                     Volatile Organic Emissions from
                                     Manufacture of Synthesized
                                     Pharmaceutical Products.
Pneumatic Rubber Tires,             EPA-450/2-78-030, Control of
 Manufacture of.                     Volatile Organic Emissions from
                                     Manufacture of Pneumatic Rubber
                                     Tires.
Polyester Resin...................  EPA-450/3-83-008, Control of
                                     Volatile Organic Compound Emissions
                                     from Manufacture of High-Density
                                     Polyethylene, Polypropylene, and
                                     Polystyrene Resins.
                                    EPA-450/3-83-006, Control of
                                     Volatile Organic Compound Leaks
                                     from Synthetic Organic Chemical
                                     Polymer and Resin Manufacturing
                                     Equipment.
Shipbuilding/Repair...............  EPA-450/3-94-032, Shipbuilding/
                                     Repair.
Solvent Metal Cleaning............  EPA-450/2-77-022, Control of
                                     Volatile Organic Emissions from
                                     Solvent Metal Cleaning.
Synthetic Organic Chemical          EPA-450/3-84-015, Control of
 Manufacturing.                      Volatile Organic Compound Emissions
                                     from Air Oxidation Processes in
                                     Synthetic Organic Chemical
                                     Manufacturing Industry.
                                    EPA-450/4-91-031, Control of
                                     Volatile Organic Compound Emissions
                                     from Reactor Processes and
                                     Distillation Operations in
                                     Synthetic Organic Chemical
                                     Manufacturing Industry.
Wood Furniture....................  EPA-453/R-96-007, Wood Furniture.
------------------------------------------------------------------------

3. Negative Declaration for Major Non-CTG Sources of VOC or 
NOX
    The 2007 RACT SIP included a negative declaration for major non-CTG 
sources of VOC and NOX. EPA agrees that there are no major 
non-CTG sources of NOX or VOCs in the western Nevada County 
nonattainment area.
4. Conclusion
    We find that NSAQMD's 2007 RACT SIP submission, including the 
negative declarations and the rule revisions that were SIP-approved 
after 2007, adequately demonstrate that NSAQMD's rules satisfy RACT for 
the 1997 8-hour ozone NAAQS. Our TSD has more information on our 
evaluation.

C. EPA Recommendations To Strengthen the RACT SIP

    Our TSD describes additional revisions that we recommend for the 
next time NSAQMD modifies the rules.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted SIP revision because we believe it fulfills all 
relevant requirements. We do not think anyone will object to this 
approval, so we are finalizing it without proposing it in advance. 
However, in the Proposed Rules section of this Federal Register, we are 
simultaneously proposing approval of the same SIP revision. If we 
receive adverse comments by May 13, 2015, we will publish a timely 
withdrawal in the Federal Register to notify the public that the direct 
final approval will not take effect and we will address the comments in 
a subsequent final action based on the proposal. If we do not receive 
timely adverse comments, the direct final approval will be effective 
without further notice on June 12, 2015. This will incorporate these 
rules into the federally enforceable SIP.
    Please note that if EPA receives adverse comment on a specific 
provision of this SIP revision and if that provision may be severed 
from the remainder of the SIP revision, EPA may adopt as final those 
provisions of the SIP revision that are not the subject of an adverse 
comment.

III. 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, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects using practical 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 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. Section 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

[[Page 19548]]

and to the Comptroller General of the United States. EPA will submit a 
report containing this action and other required information to the 
U.S. Senate, the U.S. House of Representatives, and the Comptroller 
General of the United States prior to publication of the rule in the 
Federal Register. A major rule cannot take effect until 60 days after 
it is published in the Federal Register. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by June 12, 2015. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the Proposed 
Rules section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: February 12, 2015.
Alexis Strauss,
Acting Regional Administrator, Region IX.
    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52 [AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(456) to read as 
follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (456) New and amended regulations for the following APCDs were 
submitted on February 7, 2008 by the Governor's designee.
    (i) [Reserved]
    (ii) Additional Material.
    (A) Northern Sierra Air Quality Management District.
    (1) Reasonably Available Control Technology (RACT) State 
Implementation Plan (SIP) Revision for Western Nevada County 8-Hour 
Ozone Non-Attainment Area as adopted on June 25, 2007.

0
3. Section 52.222 is amended by adding paragraph (a)(9)(iii) to read as 
follows:


Sec.  52.222  Negative declarations.

    (a) * * *
    (9) * * *
    (iii) EPA-453/R-97-004 Aerospace CTG and MACT; EPA-450/2-77-008 
Control of Volatile Organic Emissions from Existing Stationary 
Sources--Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, 
Automobiles, and Light-Duty Trucks; EPA-450/2-78-032, Control of 
Volatile Organic Emissions from Existing Stationary Sources--Volume 
VII: Factory Surface Coating of Flat Wood Paneling; EPA-450/2-77-026, 
Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals; 
EPA-450/2-78-033, Control of Volatile Organic Emissions from Existing 
Stationary Sources--Volume III: Graphic Arts--Rotogravure and 
Flexography; EPA-450/2-77-034 Control of Volatile Organic Emissions 
from Existing Stationary Sources--Volume V: Surface Coating of Large 
Appliances; EPA-450/3-82-009, Control of Volatile Organic Compound 
Emissions from Large Petroleum Dry Cleaners; EPA-450/2-77-033 Control 
of Volatile Organic Emissions from Existing Stationary Sources--Volume 
IV: Surface Coating of Insulation of Magnet Wire; EPA-450/2-77-032 
Control of Volatile Organic Emissions from Existing Stationary 
Sources--Volume III: Surface Coating of Metal Furniture; EPA-450-83-
007, Control of Volatile Organic Compound Equipment Leaks from Natural 
Gas/Gasoline Processing Plants; EPA-450/2-78-047, Control of Volatile 
Organic Compound Emissions from Petroleum Liquid Storage in External 
Floating Roof Tanks; EPA-450/2-77-025 Control of Refinery Vacuum 
Producing Systems, Wastewater Separators, and Process Unit Turnarounds; 
EPA-450/2-78-036 Control of Volatile Organic Compound Leaks from 
Petroleum Refinery Equipment; EPA-450/2-78-029 Control of Volatile 
Organic Emissions from Manufacture of Synthesized Pharmaceutical 
Products; EPA-450/2-78-030 Control of Volatile Organic Emissions from 
Manufacture of Pneumatic Rubber Tires; EPA-450/3-83-008 Control of 
Volatile Organic Compound Emissions from Manufacture of High-Density 
Polyethylene, Polypropylene, and Polystyrene Resins; EPA-450/3-83-006 
Control of Volatile Organic Compound Leaks from Synthetic Organic 
Chemical Polymer and Resin Manufacturing Equipment; EPA-450/3-94-032, 
Shipbuilding/Repair; EPA-450/2-77-022, Control of Volatile Organic 
Emissions from Solvent Metal Cleaning; EPA-450/3-84-015 Control of 
Volatile Organic Compound Emissions from Air Oxidation Processes in 
Synthetic Organic Chemical Manufacturing Industry; EPA-450/4-91-031 
Control of Volatile Organic Compound Emissions from Reactor Processes 
and Distillation Operations in Synthetic Organic Chemical Manufacturing 
Industry; EPA-453/R-96-007, Wood Furniture.
* * * * *
[FR Doc. 2015-08421 Filed 4-10-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                  19544                   Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations

                                                  circuit by June 12, 2015. Filing a                                  This action pertaining to Virginia’s                        PART 52—APPROVAL AND
                                                  petition for reconsideration by the                              PSD program may not be challenged                              PROMULGATION OF
                                                  Administrator of this final rule does not                        later in proceedings to enforce its                            IMPLEMENTATION PLANS
                                                  affect the finality of this action for the                       requirements. (See section 307(b)(2).)
                                                  purposes of judicial review nor does it                                                                                         ■ 1. The authority citation for part 52
                                                  extend the time within which a petition                          List of Subjects in 40 CFR Part 52
                                                                                                                                                                                  continues to read as follows:
                                                  for judicial review may be filed, and                              Environmental protection, Air
                                                  shall not postpone the effectiveness of                                                                                             Authority: 42 U.S.C. 7401 et seq.
                                                                                                                   pollution control, Carbon monoxide,
                                                  such rule or action. Parties with                                Incorporation by reference,
                                                  objections to this direct final rule are                                                                                        Subpart VV—Virginia
                                                                                                                   Intergovernmental relations, Lead,
                                                  encouraged to file a comment in
                                                                                                                   Nitrogen dioxide, Ozone, Particulate                           ■ 2. In § 52.2420, the table in paragraph
                                                  response to the parallel notice of
                                                                                                                   matter, Reporting and recordkeeping                            (c) is amended by revising the entry for
                                                  proposed rulemaking for this action
                                                                                                                   requirements, Sulfur oxides, Volatile                          Section 5–80–1615 to read as follows:
                                                  published in the proposed rules section
                                                                                                                   organic compounds.
                                                  of this Federal Register, rather than file
                                                  an immediate petition for judicial                                Dated: March 25, 2015.                                        § 52.2420    Identification of plan.
                                                  review of this direct final rule, so that                        William C. Early,                                              *       *    *            *     *
                                                  EPA can withdraw this direct final rule                          Acting Regional Administrator, Region III.                         (c) * * *
                                                  and address the comment in the
                                                  proposed rulemaking action.                                           40 CFR part 52 is amended as follows:

                                                                                                      EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES
                                                                                                                                         State effective                                                  Explanation [former SIP cita-
                                                               State citation                               Title/Subject                                               EPA Approval date
                                                                                                                                              date                                                                    tion]


                                                           *                           *                           *                         *                            *                       *                        *

                                                                                                      9 VAC 5, Chapter 80 Permits for Stationary Sources [Part VIII]


                                                               *                           *                           *                           *                          *                       *                        *

                                                         Article 8 Permits—Major Stationary Sources and Major Modifications Located in Prevention of Significant Deterioration Areas


                                                          *                              *                        *                                *                          *                       *                      *
                                                  5–80–1615 .............................. Definitions ..............................               5/22/13        4/13/15 [Insert Federal Reg-           Revised. Limited approval re-
                                                                                                                                                                     ister Citation].                       mains in effect.

                                                               *                           *                           *                           *                          *                       *                        *



                                                  *       *        *       *       *                               submitted SIP revision contains the                              1. Federal eRulemaking Portal:
                                                  [FR Doc. 2015–08417 Filed 4–10–15; 8:45 am]                      District’s demonstration regarding                             www.regulations.gov. Follow the on-line
                                                  BILLING CODE 6560–50–P                                           Reasonably Available Control                                   instructions.
                                                                                                                   Technology (RACT) requirements for                               2. Email: steckel.andrew@epa.gov.
                                                                                                                   the 1997 8-hour ozone National                                   3. Mail or deliver: Andrew Steckel
                                                  ENVIRONMENTAL PROTECTION                                         Ambient Air Quality Standards                                  (Air–4), U.S. Environmental Protection
                                                  AGENCY                                                           (NAAQS). The submitted SIP revision                            Agency Region IX, 75 Hawthorne Street,
                                                                                                                   also contains negative declarations for                        San Francisco, CA 94105–3901.
                                                  40 CFR Part 52                                                                                                                    Instructions: All comments will be
                                                                                                                   volatile organic compound (VOC)
                                                                                                                                                                                  included in the public docket without
                                                  [EPA–R09–OAR–2014–0832; FRL–9925–33–                             source categories for the NSAQMD. We                           change and may be made available
                                                  Region 9]                                                        are approving the submitted SIP                                online at www.regulations.gov,
                                                                                                                   revision under the Clean Air Act as                            including any personal information
                                                  Revisions to the California State                                amended in 1990 (CAA or the Act).
                                                  Implementation Plan, Northern Sierra                                                                                            provided, unless the comment includes
                                                  Air Quality Management District                                  DATES:  This rule is effective on June 12,                     Confidential Business Information (CBI)
                                                                                                                   2015 without further notice, unless EPA                        or other information whose disclosure is
                                                  AGENCY: Environmental Protection                                 receives adverse comments by May 13,                           restricted by statute. Information that
                                                  Agency (EPA).                                                    2015. If we receive such comments, we                          you consider CBI or otherwise protected
                                                  ACTION: Direct Final rule.                                       will publish a timely withdrawal in the                        should be clearly identified as such and
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                                                                                                                   Federal Register to notify the public                          should not be submitted through
                                                  SUMMARY:   The Environmental Protection                          that this direct final rule will not take                      www.regulations.gov or email.
                                                  Agency (EPA) is taking direct final                              effect.                                                        www.regulations.gov is an ‘‘anonymous
                                                  action to approve a revision to the                                                                                             access’’ system, and EPA will not know
                                                  Northern Sierra Air Quality                                      ADDRESSES:  Submit comments,                                   your identity or contact information
                                                  Management District (NSAQMD or the                               identified by docket number EPA–R09–                           unless you provide it in the body of
                                                  District) portion of the California State                        OAR–2014–0832, by one of the                                   your comment. If you send email
                                                  Implementation Plan (SIP). The                                   following methods:                                             directly to EPA, your email address will


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                                                                      Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations                                             19545

                                                  be automatically captured and included                  hard copy location (e.g., copyrighted                     C. What is the purpose of the RACT SIP
                                                  as part of the public comment. If EPA                   material, large maps), and some may not                      submission?
                                                  cannot read your comment due to                         be publicly available in either location               II. EPA’s Evaluation and Action.
                                                  technical difficulties and cannot contact               (e.g., CBI). To inspect the hard copy                     A. How is EPA evaluating the RACT SIP
                                                  you for clarification, EPA may not be                                                                                submission?
                                                                                                          materials, please schedule an
                                                                                                                                                                    B. Does the RACT SIP submission meet the
                                                  able to consider your comment.                          appointment during normal business                           evaluation criteria?
                                                  Electronic files should avoid the use of                hours with the contact listed in the FOR                  C. EPA’s recommendations to strengthen
                                                  special characters, any form of                         FURTHER INFORMATION CONTACT section.                         the RACT SIP.
                                                  encryption, and be free of any defects or               FOR FURTHER INFORMATION CONTACT:                          D. Public comment and final action.
                                                  viruses.                                                James Shears, EPA Region IX, (213)                     III. Statutory and Executive Order Reviews.
                                                    Docket: Generally, documents in the                   244–1810, shears.james@epa.gov.
                                                  docket for this action are available                                                                           I. The State’s Submittal
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                  electronically at www.regulations.gov                   Throughout this document, ‘‘we,’’ ‘‘us’’               A. What document did the State submit?
                                                  and in hard copy at EPA Region IX, 75                   and ‘‘our’’ refer to EPA.
                                                  Hawthorne Street, San Francisco,                                                                                 Table 1 lists the document addressed
                                                  California. While all documents in the                  Table of Contents                                      by this action with the date that it was
                                                  docket are listed at                                    I. The State’s Submittal.                              adopted by the local air agency and
                                                  www.regulations.gov, some information                      A. What document did the State submit?              submitted to EPA by the California Air
                                                  may be publicly available only at the                      B. Are there other versions of document?            Resources Board (CARB).

                                                                                                                TABLE 1—SUBMITTED DOCUMENT
                                                           Local                                                            Document                                               Adopted        Submitted
                                                          Agency

                                                  NSAQMD ..................   2007 Reasonably Available Control Technology (RACT) State Implementation Plan                           6/25/07            2/7/08
                                                                                (SIP) for Western Nevada County 8-Hour Ozone Non-Attainment Area (‘‘2007
                                                                                RACT SIP’’).



                                                    The 2007 RACT SIP became complete                     II. EPA’s Evaluation and Action                        requirements (see CAA section 110(l)),
                                                  by operation of law on August 7, 2008                                                                          and must not modify certain SIP control
                                                                                                          A. How is EPA evaluating the RACT SIP
                                                  pursuant to CAA 110(k)(1)(B).                                                                                  requirements in nonattainment areas
                                                                                                          submission?
                                                                                                                                                                 without ensuring equivalent or greater
                                                  B. Are there other versions of this                        NSAQMD regulates a nonattainment                    emissions reductions (see CAA section
                                                  document?                                               area classified as subpart 2 moderate for              193).
                                                                                                          the 1997 8-hour ozone NAAQS (see 40                      Guidance and policy documents that
                                                    There is no previous submitted
                                                                                                          CFR 81.305). CAA Section 182(b)(2) and                 we use to evaluate CAA section 182
                                                  version of NSAQMD’s 2007 RACT SIP.
                                                                                                          (f), as well as 40 CFR 51.912(a)(1)                    RACT SIPs include the following:
                                                  C. What is the purpose of the RACT SIP                  require that SIPs for ozone
                                                                                                          nonattainment areas classified as                      1. ‘‘Final Rule to Implement the 8-Hour
                                                  submission?
                                                                                                          moderate or above require                                    Ozone National Ambient Air Quality
                                                     Volatile organic compounds (VOCs)                                                                                 Standard—Phase 2’’ (70 FR 71612;
                                                                                                          implementation of RACT for any source                        November 29, 2005).
                                                  and nitrogen oxides (NOX) help produce                  covered by a CTG document and any                      2. ‘‘Air Quality Designations and
                                                  ground-level ozone and smog, which                      other major stationary source of VOCs or                     Classifications for the 8-Hour Ozone
                                                  harm human health and the                               NOX. Any stationary source that emits                        National Ambient Air Quality Standards;
                                                  environment. Section 110(a) of the CAA                  or has a potential to emit at least 100                      Early Action Compact Areas With
                                                  requires States to submit enforceable                   tons per year (tpy) of VOCs or NOX in                        Deferred Dates’’—Final Rule (69 FR
                                                  regulations that control VOC and NOX                    a moderate ozone nonattainment area is                       23858; April 30, 2004).
                                                  emissions. Sections 182(b)(2) and (f)                   considered a major stationary source                   3. ‘‘State Implementation Plans, General
                                                  require that SIPs for ozone                             (see CAA sections 182(b(2)) and (f) and                      Preamble for the Implementation of Title
                                                                                                          302(j)). Where there are no existing                         I of the Clean Air Act Amendments of
                                                  nonattainment areas classified as                                                                                    1990’’ (57 FR 13498; April 16, 1992).
                                                  moderate or above require                               sources covered by a particular CTG
                                                                                                                                                                 4. Issues Relating to VOC Regulation
                                                  implementation of RACT for any source                   document or no other major stationary
                                                                                                                                                                       Cutpoints, Deficiencies, and Deviations:
                                                  covered by a CTG document and any                       sources of VOCs or NOX, states may, in                       Clarification to Appendix D of November
                                                  other major stationary source of VOCs or                lieu of adopting RACT requirements,                          24, 1987 Federal Register, May 25, 1988,
                                                  NOX. The NSAQMD is subject to this                      adopt negative declarations certifying                       Revised January 11, 1990, U.S. EPA, Air
                                                  requirement because it regulates                        that there are no such sources in the                        Quality Management Division, Office of
                                                                                                          relevant nonattainment area (see                             Air Quality Planning and Standards
                                                  western Nevada County, which is
                                                                                                          Memorandum from William T. Harnett                           (‘‘The Blue Book’’).
                                                  designated and classified as a subpart 2                                                                       5. Guidance Document for Correcting
                                                                                                          to Regional Air Division Directors, (May
                                                  moderate ozone nonattainment area for                   18, 2006), ‘‘RACT Qs & As—Reasonably                         Common VOC and Other Rule
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                                                  the 1997 8-hour ozone NAAQS (see 40                     Available Control Technology (RACT)                          Deficiencies, August 21, 2001, U.S. EPA
                                                  CFR 81.305). Therefore, NSAQMD must,                    Questions and Answers’’ page 7).                             Region IX (the ‘‘Little Bluebook’’).
                                                  at a minimum, adopt RACT-level                                                                                 6. ‘‘State Implementation Plans; Nitrogen
                                                                                                             SIP rules must be enforceable (see                        Oxides Supplement to the General
                                                  controls for all sources covered by a                   CAA section 110(a)(2)), must not                             Preamble for the Implementation of Title
                                                  CTG document and for all major non-                     interfere with applicable requirements                       I of the Clean Air Act Amendments of
                                                  CTG stationary sources of VOCs or NOX                   concerning attainment and reasonable                         1990’’ (57 FR 55620, November 25, 1992)
                                                  in western Nevada County.                               further progress or other CAA                                (‘‘the NOX Supplement’’).



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                                                  19546                     Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations

                                                  7. Memorandum from William T. Harnett to                               1. Evaluations of VOC and NOX rules for                 requirements. We are not aware of
                                                        Regional Air Division Directors, (May 18,                             sources subject to a CTG.                          information suggesting that additional
                                                        2006), ‘‘RACT Qs & As—Reasonably                                 2. Negative declarations where there are no             controls are needed to fulfill RACT
                                                        Available Control Technology (RACT)                                   facilities subject to a CTG.                       since our approval of these rules.
                                                        Questions and Answers.’’                                         3. Negative declaration for major non-CTG
                                                                                                                              sources of VOC or NOX.
                                                                                                                                                                                 Therefore, we concur that NSAQMD
                                                  8. RACT SIPs, Letter dated March 9, 2006
                                                        from EPA Region IX (Andrew Steckel) to                                                                                   implements has adopted RACT-level
                                                        CARB (Kurt Karperos) describing Region                             NSAQMD provided its 2007 RACT                         rules requirements for vapor recovery
                                                        IX’s understanding of what constitutes a                         SIP for public comment prior to the                     systems.
                                                        minimally acceptable RACT SIP.                                   public hearing for adoption. No written
                                                                                                                         comments were received by the District.                 2. Negative Declarations Where There
                                                  9. ‘‘Final Rule to Implement the 1997 8-Hour
                                                        Ozone National Ambient Air Quality                               NSAQMD also supplemented 2007                           Are No Facilities Subject to a CTG
                                                        Standard: Classification of Areas That                           RACT with various other submittals as                      Table 2 of NSAQMD’s 2007 RACT SIP
                                                        Were Initially Classified Under Subpart                          described below.                                        lists not only CTGs, but also other
                                                        1; Revision of the Anti-Backsliding                                                                                      documents relevant to establishing
                                                        Provisions To Address 1-Hour                                     1. Evaluations of VOC and NOX Rules
                                                                                                                                                                                 RACT at major sources. Negative
                                                        Contingency Measure Requirements;                                for Sources Subject to a CTG
                                                        Deletion of Obsolete 1-Hour Standard                                                                                     declarations are only required for CTG
                                                        Provision’’—Final Rule (77 FR 28424;                               NSAQMD’s 2007 RACT SIP                                source categories for which the District
                                                        May 14, 2012).                                                   referenced various VOC rules that apply                 has no sources covered by the CTG. A
                                                  10. ‘‘Model Volatile Organic Compound                                  to western Nevada County. Subsequent                    negative declaration is not required for
                                                        Rules for Reasonably Available Control                           to its adoption of the 2007 RACT SIP on                 non-CTG source categories. Table 2
                                                        Technology’’, EPA (June 1992).                                   June 25, 2007, NSAQMD amended a                         below lists the CTG source categories
                                                  11. Beyond VOC RACT Requirements’’, EPA                                number of these rules and submitted                     that remain after we excluded non-CTG
                                                        (April 1995).                                                    them to EPA for approval into the SIP.                  documents from NSAQMD’s 2007 RACT
                                                  12. EPA’s CTGs http://www.epa.gov/glo/                                 These submittals effectively supersede                  SIP Table 2. The District indicated it
                                                        SIPToolkit/ctgs.html.
                                                                                                                         the 2007 RACT SIP with respect to                       does not anticipate sources in these
                                                  13. CARB’s emissions inventory database
                                                        http://www.arb.ca.gov/app/emsinv/                                Rules 213, 214, 215 and 228. The                        categories in the future. We searched
                                                        facinfo/facinfo.php                                              following rules were subsequently                       CARB’s emissions inventory database to
                                                  14. NSAQMD, CARB and EPA Region IX                                     approved by EPA into the SIP: Rule 214                  verify there are no facilities in
                                                        databases of NSAQMD rules—NSAQMD:                                (78 FR 897, January 7, 2013), Rule 215                  NSAQMD that might be subject to the
                                                        http://myairdistrict.com/                                        (76 FR 44493, July 26, 2011), Rule 227                  CTGs listed below. We concur with the
                                                        index.php?Itemid=71, CARB: http://                               (74 FR 56120, October 30, 2009), and                    District’s negative declarations.
                                                        www.arb.ca.gov/ridb.htm, EPA: http://                            Rule 228 (77 FR 47536, August 9, 2011).                    On August 14, 2008 and May 17,
                                                        epa.gov/region09/air/sips/index.html.                            Rule 213 was rescinded by NSAQMD                        2011, CARB submitted NSAQMD’s
                                                  B. Does the RACT SIP submission meet the                               (April 25, 2011), and was incorporated                  negative declarations for 10 CTGs issued
                                                  evaluation criteria?                                                   into the SIP-approved Rule 214.                         or updated by EPA between 2006 and
                                                    The 2007 RACT SIP includes three                                       In our recent approvals of these rules,               2008. EPA approved these declarations
                                                  elements, as described further below:                                  we found that the rules fulfilled RACT                  on April 18, 2012 (77 FR 23130).

                                                                                                                  TABLE 2—NSAQMD NEGATIVE DECLARATIONS
                                                                            CTG Source category                                                                          CTG Reference document

                                                  Aerospace ..........................................................................   EPA–453/R–97–004, Aerospace CTG and MACT.
                                                  Automobile and Light-duty Trucks, Surface Coating of .....                             EPA–450/2–77–008, Control of Volatile Organic Emissions from Existing Stationary
                                                                                                                                           Sources—Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles,
                                                                                                                                           and Light-Duty Trucks.
                                                  Cans and Coils, Surface Coating of ..................................                  EPA–450/2–77–008, Control of Volatile Organic Emissions from Existing Stationary
                                                                                                                                           Sources—Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles,
                                                                                                                                           and Light-Duty Trucks.
                                                  Flat Wood Paneling, Surface Coating of ...........................                     EPA–450/2–78–032, Control of Volatile Organic Emissions from Existing Stationary
                                                                                                                                           Sources—Volume VII: Factory Surface Coating of Flat Wood Paneling.
                                                  Gasoline Loading Terminals ..............................................              EPA–450/2–77–026, Control of Hydrocarbons from Tank Truck Gasoline Loading
                                                                                                                                           Terminals.
                                                  Graphic Arts—Rotogravure and Flexography ....................                          EPA–450/2–78–033, Control of Volatile Organic Emissions from Existing Stationary
                                                                                                                                           Sources, Volume III: Graphic Arts—Rotogravure and Flexography.
                                                  Large Appliances, Surface Coating of ...............................                   EPA–450/2–77–034, Control of Volatile Organic Emissions from Existing Stationary
                                                                                                                                           Sources—Volume V: Surface Coating of Large Appliances.
                                                  Large Petroleum Dry Cleaners ..........................................                EPA–450/3–82–009, Control of Volatile Organic Compound Emissions from Large
                                                                                                                                           Petroleum Dry Cleaners.
                                                  Magnet Wire, Surface Coating for Insulation of ................                        EPA–450/2–77–033, Control of Volatile Organic Emissions from Existing Stationary
                                                                                                                                           Sources—Volume IV: Surface Coating of Insulation of Magnet Wire.
                                                  Metal Furniture Coatings ....................................................          EPA–450/2–77–032, Control of Volatile Organic Emissions from Existing Stationary
                                                                                                                                           Sources—Volume III: Surface Coating of Metal Furniture.
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                                                  Natural Gas/Gasoline Processing Plants Equipment                                       EPA–450–83–007, Control of Volatile Organic Compound Equipment Leaks from
                                                    Leaks.                                                                                 Natural Gas/Gasoline Processing Plants.
                                                  Petroleum Liquid Storage in External Floating Roof                                     EPA–450/2–78–047, Control of Volatile Organic Compound Emissions from Petro-
                                                    Tanks.                                                                                 leum Liquid Storage in External Floating Roof Tanks.
                                                  Petroleum Refineries ..........................................................        EPA–450/2–77–025, Control of Refinery Vacuum Producing Systems, Wastewater
                                                                                                                                           Separators, and Process Unit Turnarounds.
                                                                                                                                         EPA–450/2–78–036, Control of Volatile Organic Compound Leaks from Petroleum
                                                                                                                                           Refinery Equipment.



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                                                                           Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations                                                    19547

                                                                                                      TABLE 2—NSAQMD NEGATIVE DECLARATIONS—Continued
                                                                           CTG Source category                                                                         CTG Reference document

                                                  Pharmaceutical Products ...................................................          EPA–450/2–78–029, Control of Volatile Organic Emissions from Manufacture of Syn-
                                                                                                                                         thesized Pharmaceutical Products.
                                                  Pneumatic Rubber Tires, Manufacture of ..........................                    EPA–450/2–78–030, Control of Volatile Organic Emissions from Manufacture of
                                                                                                                                         Pneumatic Rubber Tires.
                                                  Polyester Resin ..................................................................   EPA–450/3–83–008, Control of Volatile Organic Compound Emissions from Manu-
                                                                                                                                         facture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins.
                                                                                                                                       EPA–450/3–83–006, Control of Volatile Organic Compound Leaks from Synthetic Or-
                                                                                                                                         ganic Chemical Polymer and Resin Manufacturing Equipment.
                                                  Shipbuilding/Repair ............................................................     EPA–450/3–94–032, Shipbuilding/Repair.
                                                  Solvent Metal Cleaning ......................................................        EPA–450/2–77–022, Control of Volatile Organic Emissions from Solvent Metal
                                                                                                                                         Cleaning.
                                                  Synthetic Organic Chemical Manufacturing .......................                     EPA–450/3–84–015, Control of Volatile Organic Compound Emissions from Air Oxi-
                                                                                                                                         dation Processes in Synthetic Organic Chemical Manufacturing Industry.
                                                                                                                                       EPA–450/4–91–031, Control of Volatile Organic Compound Emissions from Reactor
                                                                                                                                         Processes and Distillation Operations in Synthetic Organic Chemical Manufac-
                                                                                                                                         turing Industry.
                                                  Wood Furniture ..................................................................    EPA–453/R–96–007, Wood Furniture.



                                                  3. Negative Declaration for Major Non-                                June 12, 2015. This will incorporate                   in the Unfunded Mandates Reform Act
                                                  CTG Sources of VOC or NOX                                             these rules into the federally enforceable             of 1995 (Pub. L. 104–4);
                                                     The 2007 RACT SIP included a                                       SIP.                                                      • Does not have Federalism
                                                  negative declaration for major non-CTG                                  Please note that if EPA receives                     implications as specified in Executive
                                                  sources of VOC and NOX. EPA agrees                                    adverse comment on a specific                          Order 13132 (64 FR 43255, August 10,
                                                  that there are no major non-CTG sources                               provision of this SIP revision and if that             1999);
                                                  of NOX or VOCs in the western Nevada                                  provision may be severed from the                         • Is not an economically significant
                                                  County nonattainment area.                                            remainder of the SIP revision, EPA may                 regulatory action based on health or
                                                                                                                        adopt as final those provisions of the                 safety risks subject to Executive Order
                                                  4. Conclusion                                                         SIP revision that are not the subject of               13045 (62 FR 19885, April 23, 1997);
                                                     We find that NSAQMD’s 2007 RACT                                    an adverse comment.                                       • Is not a significant regulatory action
                                                  SIP submission, including the negative                                                                                       subject to Executive Order 13211 (66 FR
                                                                                                                        III. Statutory and Executive Order                     28355, May 22, 2001);
                                                  declarations and the rule revisions that                              Reviews
                                                  were SIP-approved after 2007,                                                                                                   • Is not subject to requirements of
                                                  adequately demonstrate that NSAQMD’s                                     Under the Clean Air Act, the                        Section 12(d) of the National
                                                  rules satisfy RACT for the 1997 8-hour                                Administrator is required to approve a                 Technology Transfer and Advancement
                                                  ozone NAAQS. Our TSD has more                                         SIP submission that complies with the                  Act of 1995 (15 U.S.C. 272 note) because
                                                  information on our evaluation.                                        provisions of the Act and applicable                   application of those requirements would
                                                                                                                        Federal regulations. 42 U.S.C. 7410(k);                be inconsistent with the Clean Air Act;
                                                  C. EPA Recommendations To                                             40 CFR 52.02(a). Thus, in reviewing SIP                and
                                                  Strengthen the RACT SIP                                               submissions, EPA’s role is to approve                     • Does not provide EPA with the
                                                    Our TSD describes additional                                        state choices, provided that they meet                 discretionary authority to address, as
                                                  revisions that we recommend for the                                   the criteria of the Clean Air Act.                     appropriate, disproportionate human
                                                  next time NSAQMD modifies the rules.                                  Accordingly, this action merely                        health or environmental effects using
                                                                                                                        approves state law as meeting Federal                  practical and legally permissible
                                                  D. Public Comment and Final Action                                    requirements and does not impose                       methods under Executive Order 12898
                                                     As authorized in section 110(k)(3) of                              additional requirements beyond those                   (59 FR 7629, February 16, 1994).
                                                  the Act, EPA is fully approving the                                   imposed by state law. For that reason,                    In addition, the SIP is not approved
                                                  submitted SIP revision because we                                     this action:                                           to apply on any Indian reservation land
                                                  believe it fulfills all relevant                                         • Is not a ‘‘significant regulatory                 or in any other area where EPA or an
                                                  requirements. We do not think anyone                                  action’’ subject to review by the Office               Indian tribe has demonstrated that a
                                                  will object to this approval, so we are                               of Management and Budget under                         tribe has jurisdiction. In those areas of
                                                  finalizing it without proposing it in                                 Executive Orders 12866 (58 FR 51735,                   Indian country, the rule does not have
                                                  advance. However, in the Proposed                                     October 4, 1993) and 13563 (76 FR 3821,                tribal implications and will not impose
                                                  Rules section of this Federal Register,                               January 21, 2011);                                     substantial direct costs on tribal
                                                  we are simultaneously proposing                                          • Does not impose an information                    governments or preempt tribal law as
                                                  approval of the same SIP revision. If we                              collection burden under the provisions                 specified by Executive Order 13175 (65
                                                  receive adverse comments by May 13,                                   of the Paperwork Reduction Act (44                     FR 67249, November 9, 2000).
                                                  2015, we will publish a timely                                        U.S.C. 3501 et seq.);                                     The Congressional Review Act, 5
                                                  withdrawal in the Federal Register to                                    • Is certified as not having a                      U.S.C. Section 801 et seq., as added by
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                                                  notify the public that the direct final                               significant economic impact on a                       the Small Business Regulatory
                                                  approval will not take effect and we will                             substantial number of small entities                   Enforcement Fairness Act of 1996,
                                                  address the comments in a subsequent                                  under the Regulatory Flexibility Act (5                generally provides that before a rule
                                                  final action based on the proposal. If we                             U.S.C. 601 et seq.);                                   may take effect, the agency
                                                  do not receive timely adverse                                            • Does not contain any unfunded                     promulgating the rule must submit a
                                                  comments, the direct final approval will                              mandate or significantly or uniquely                   rule report, which includes a copy of
                                                  be effective without further notice on                                affect small governments, as described                 the rule, to each House of the Congress


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                                                  19548                Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations

                                                  and to the Comptroller General of the                      (c) * * *                                           Manufacture of Synthesized
                                                  United States. EPA will submit a report                    (456) New and amended regulations                   Pharmaceutical Products; EPA–450/2–
                                                  containing this action and other                         for the following APCDs were submitted                78–030 Control of Volatile Organic
                                                  required information to the U.S. Senate,                 on February 7, 2008 by the Governor’s                 Emissions from Manufacture of
                                                  the U.S. House of Representatives, and                   designee.                                             Pneumatic Rubber Tires; EPA–450/3–
                                                  the Comptroller General of the United                      (i) [Reserved]                                      83–008 Control of Volatile Organic
                                                  States prior to publication of the rule in                 (ii) Additional Material.                           Compound Emissions from Manufacture
                                                  the Federal Register. A major rule                         (A) Northern Sierra Air Quality                     of High-Density Polyethylene,
                                                  cannot take effect until 60 days after it                Management District.                                  Polypropylene, and Polystyrene Resins;
                                                  is published in the Federal Register.                      (1) Reasonably Available Control                    EPA–450/3–83–006 Control of Volatile
                                                  This action is not a ‘‘major rule’’ as                   Technology (RACT) State                               Organic Compound Leaks from
                                                  defined by 5 U.S.C. 804(2).                              Implementation Plan (SIP) Revision for
                                                                                                                                                                 Synthetic Organic Chemical Polymer
                                                     Under section 307(b)(1) of the Clean                  Western Nevada County 8-Hour Ozone
                                                                                                                                                                 and Resin Manufacturing Equipment;
                                                  Air Act, petitions for judicial review of                Non-Attainment Area as adopted on
                                                                                                                                                                 EPA–450/3–94–032, Shipbuilding/
                                                  this action must be filed in the United                  June 25, 2007.
                                                                                                                                                                 Repair; EPA–450/2–77–022, Control of
                                                  States Court of Appeals for the                          ■ 3. Section 52.222 is amended by                     Volatile Organic Emissions from Solvent
                                                  appropriate circuit by June 12, 2015.                    adding paragraph (a)(9)(iii) to read as               Metal Cleaning; EPA–450/3–84–015
                                                  Filing a petition for reconsideration by                 follows:                                              Control of Volatile Organic Compound
                                                  the Administrator of this final rule does                                                                      Emissions from Air Oxidation Processes
                                                                                                           § 52.222    Negative declarations.
                                                  not affect the finality of this action for                                                                     in Synthetic Organic Chemical
                                                  the purposes of judicial review nor does                    (a) * * *
                                                                                                              (9) * * *                                          Manufacturing Industry; EPA–450/4–
                                                  it extend the time within which a                                                                              91–031 Control of Volatile Organic
                                                                                                              (iii) EPA–453/R–97–004 Aerospace
                                                  petition for judicial review may be filed,                                                                     Compound Emissions from Reactor
                                                                                                           CTG and MACT; EPA–450/2–77–008
                                                  and shall not postpone the effectiveness                                                                       Processes and Distillation Operations in
                                                                                                           Control of Volatile Organic Emissions
                                                  of such rule or action. Parties with                                                                           Synthetic Organic Chemical
                                                                                                           from Existing Stationary Sources—
                                                  objections to this direct final rule are                                                                       Manufacturing Industry; EPA–453/R–
                                                                                                           Volume II: Surface Coating of Cans,
                                                  encouraged to file a comment in                                                                                96–007, Wood Furniture.
                                                                                                           Coils, Paper, Fabrics, Automobiles, and
                                                  response to the parallel notice of
                                                                                                           Light-Duty Trucks; EPA–450/2–78–032,                  *     *    *     *    *
                                                  proposed rulemaking for this action
                                                  published in the Proposed Rules section                  Control of Volatile Organic Emissions                 [FR Doc. 2015–08421 Filed 4–10–15; 8:45 am]

                                                  of this Federal Register, rather than file               from Existing Stationary Sources—                     BILLING CODE 6560–50–P

                                                  an immediate petition for judicial                       Volume VII: Factory Surface Coating of
                                                  review of this direct final rule, so that                Flat Wood Paneling; EPA–450/2–77–
                                                                                                           026, Control of Hydrocarbons from Tank                ENVIRONMENTAL PROTECTION
                                                  EPA can withdraw this direct final rule                                                                        AGENCY
                                                  and address the comment in the                           Truck Gasoline Loading Terminals;
                                                  proposed rulemaking. This action may                     EPA–450/2–78–033, Control of Volatile
                                                                                                           Organic Emissions from Existing                       40 CFR Parts 52 and 81
                                                  not be challenged later in proceedings to
                                                  enforce its requirements (see section                    Stationary Sources—Volume III:                        [EPA–R03–OAR–2014–0789; FRL–9925–94–
                                                  307(b)(2)).                                              Graphic Arts—Rotogravure and                          Region 3]
                                                                                                           Flexography; EPA–450/2–77–034
                                                  List of Subjects in 40 CFR Part 52                       Control of Volatile Organic Emissions                 Approval and Promulgation of Air
                                                                                                           from Existing Stationary Sources—                     Quality Implementation Plans;
                                                    Environmental protection, Air
                                                                                                           Volume V: Surface Coating of Large                    Pennsylvania; Redesignation of the
                                                  pollution control, Incorporation by
                                                                                                           Appliances; EPA–450/3–82–009,                         Allentown Nonattainment Area to
                                                  reference, Intergovernmental relations,
                                                                                                           Control of Volatile Organic Compound                  Attainment for the 2006 24-Hour Fine
                                                  Nitrogen dioxide, Ozone, Reporting and
                                                                                                           Emissions from Large Petroleum Dry                    Particulate Matter Standard
                                                  recordkeeping requirements, Volatile
                                                  organic compounds.                                       Cleaners; EPA–450/2–77–033 Control of                 AGENCY:  Environmental Protection
                                                                                                           Volatile Organic Emissions from                       Agency (EPA).
                                                      Authority: 42 U.S.C. 7401 et seq.
                                                                                                           Existing Stationary Sources—Volume                    ACTION: Final rule.
                                                    Dated: February 12, 2015.                              IV: Surface Coating of Insulation of
                                                  Alexis Strauss,                                          Magnet Wire; EPA–450/2–77–032                         SUMMARY:   The Environmental Protection
                                                  Acting Regional Administrator, Region IX.                Control of Volatile Organic Emissions                 Agency (EPA) is approving the
                                                    Part 52, chapter I, title 40 of the Code               from Existing Stationary Sources—                     Commonwealth of Pennsylvania’s
                                                  of Federal Regulations is amended as                     Volume III: Surface Coating of Metal                  request to redesignate to attainment the
                                                  follows:                                                 Furniture; EPA–450–83–007, Control of                 Allentown Nonattainment Area
                                                                                                           Volatile Organic Compound Equipment                   (Allentown Area or Area) for the 2006
                                                  PART 52 [AMENDED]                                        Leaks from Natural Gas/Gasoline                       24-hour fine particulate matter (PM2.5)
                                                                                                           Processing Plants; EPA–450/2–78–047,                  national ambient air quality standard
                                                  ■ 1. The authority citation for part 52
                                                                                                           Control of Volatile Organic Compound                  (NAAQS or standard). EPA has
                                                  continues to read as follows:
                                                                                                           Emissions from Petroleum Liquid                       determined that the Allentown Area
                                                      Authority: 42 U.S.C. 7401 et seq.                    Storage in External Floating Roof Tanks;              attained the 2006 24-hour PM2.5 NAAQS
                                                                                                           EPA–450/2–77–025 Control of Refinery                  and that it continues to attain the
wreier-aviles on DSK5TPTVN1PROD with RULES




                                                  Subpart F—California
                                                                                                           Vacuum Producing Systems,                             standard. In addition, EPA is approving,
                                                  ■ 2. Section 52.220 is amended by                        Wastewater Separators, and Process                    as a revision to the Pennsylvania State
                                                  adding paragraph (c)(456) to read as                     Unit Turnarounds; EPA–450/2–78–036                    Implementation Plan (SIP), the
                                                  follows:                                                 Control of Volatile Organic Compound                  Allentown Area maintenance plan to
                                                                                                           Leaks from Petroleum Refinery                         show maintenance of the 2006 24-hour
                                                  § 52.220    Identification of plan.                      Equipment; EPA–450/2–78–029 Control                   PM2.5 NAAQS through 2025 for the
                                                  *       *     *       *      *                           of Volatile Organic Emissions from                    Area. The maintenance plan includes


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Document Created: 2015-12-18 11:21:36
Document Modified: 2015-12-18 11:21:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect Final rule.
DatesThis rule is effective on June 12, 2015 without further notice, unless EPA receives adverse comments by May 13, 2015. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect.
ContactJames Shears, EPA Region IX, (213) 244-1810, [email protected]
FR Citation80 FR 19544 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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