82_FR_47117 82 FR 46923 - Approval of California Air Plan Revisions, Antelope Valley Air Quality Management District

82 FR 46923 - Approval of California Air Plan Revisions, Antelope Valley Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 194 (October 10, 2017)

Page Range46923-46926
FR Document2017-21375

The Environmental Protection Agency (EPA) is taking final action to approve and conditionally approve revisions to the Antelope Valley Air Quality Management District (AVAQMD or ``District'') portion of the California State Implementation Plan (SIP). These revisions concern the District's demonstration regarding Reasonably Available Control Technology (RACT) requirements for the 1997 8-hour ozone and the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS or ``standards'') in the Antelope Valley ozone nonattainment area. The EPA is also taking final action to approve AVAQMD negative declarations into the SIP for the 1997 and the 2008 ozone standards. We are approving local SIP revisions under the Clean Air Act (CAA or the Act).

Federal Register, Volume 82 Issue 194 (Tuesday, October 10, 2017)
[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Rules and Regulations]
[Pages 46923-46926]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21375]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0524; FRL-9968-35--Region 9]


Approval of California Air Plan Revisions, Antelope Valley Air 
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve and conditionally approve revisions to the Antelope 
Valley Air Quality Management District (AVAQMD or ``District'') portion 
of the California State Implementation Plan (SIP). These revisions 
concern the District's demonstration regarding Reasonably Available 
Control Technology (RACT) requirements for the 1997 8-hour ozone and 
the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS or 
``standards'') in the Antelope Valley ozone nonattainment area. The EPA 
is also taking final action to approve AVAQMD negative declarations 
into the SIP for the 1997 and the 2008 ozone standards.
    We are approving local SIP revisions under the Clean Air Act (CAA 
or the Act).

DATES: This rule will be effective on November 9, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2016-0524. All documents in the docket are 
listed on the https://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available through https://www.regulations.gov, or please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section for 
additional availability information.

FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, (415) 972-
3848, [email protected].

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

Table of Contents

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

I. Proposed Action

    On July 28, 2017 (82 FR 35149), the EPA proposed action on the 
following documents submitted into the California SIP.

------------------------------------------------------------------------
   Local agency           Document            Adopted        Submitted
------------------------------------------------------------------------
AVAQMD............  AVAQMD 8-Hour               09/19/06        01/31/07
                     Reasonably
                     Available Control
                     Technology--State
                     Implementation Plan
                     Analysis (RACT SIP
                     Analysis)--1997 8-
                     hour Ozone NAAQS
                     ``2006 RACT SIP''.
AVAQMD............  AVAQMD 8-Hour               07/21/15        10/23/15
                     Reasonably
                     Available Control
                     Technology--State
                     Implementation Plan
                     Analysis (2015 RACT
                     SIP Analysis)--2008
                     8-hour Ozone NAAQS
                     ``2015 RACT SIP''.
AVAQMD............  AVAQMD Federal              07/21/15        10/23/15
                     Negative
                     Declarations for
                     Twenty Control
                     Techniques
                     Guidelines Source
                     Categories.
AVAQMD............  AVAQMD Federal              12/20/16        06/07/17
                     Negative
                     Declarations for
                     Seven Control
                     Techniques
                     Guidelines Source
                     Categories.
------------------------------------------------------------------------

    Specifically, the EPA proposed to conditionally approve AVAQMD's 
2006 and 2015 RACT SIPs with respect to Rule 462, Organic Liquid 
Loading; Rule 1110.2, Emissions from Stationary, Non-road & Portable 
Internal Combustion Engines; Rule 1151, Motor Vehicle and Mobile 
Equipment Coating Operations; and Rule 1171, Solvent Cleaning 
Operations. Simultaneously, EPA proposed to fully approve the remainder 
of the 2006 and 2015 RACT SIPs, and to fully approve AVAQMD's negative 
declarations submitted on October 23, 2015 and June 7, 2017. We 
simultaneously withdrew our December 15, 2016 proposal to partially 
approve and partially disapprove AVAQMD's 2006 and 2015 RACT SIPs 
because the AVAQMD committed to address the identified deficiencies 
within one year of the approval of the plan revision.
    We proposed to approve these submittals because we determined that 
they complied with the relevant CAA requirements. Our proposed action 
contains more information on the submittals and our evaluation.

[[Page 46924]]

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments.

III. EPA Action

    No comments were submitted. Therefore, as authorized in subsections 
110(k)(3) and 110(k)(4) of the Act, the EPA is conditionally approving 
AVAQMD's 2006 and 2015 RACT SIPs with respect to Rule 462, Organic 
Liquid Loading; Rule 1110.2, Emissions from Stationary, Non-road & 
Portable Internal Combustion Engines; Rule 1151, Motor Vehicle and 
Mobile Equipment Coating Operations; and Rule 1171, Solvent Cleaning 
Operations, and fully approving the remainder of the 2006 and 2015 RACT 
SIPs and AVAQMD's negative declarations submitted on October 23, 2015 
and June 7, 2017 into the California SIP.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 December 11, 2017. 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. 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.

    Dated: September 15, 2017.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(358)(ii), 
(c)(493) and (494) to read as follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (358) * * *
    (ii) Additional materials. (A) Antelope Valley Air Quality 
Management District.
    (1) 8-Hour Reasonably Available Control Technology--State 
Implementation Plan Analysis (RACT SIP Analysis), August 2006, adopted 
on September 19, 2006.
    (2) [Reserved]
* * * * *
    (493) The following plan was submitted by on October 23, 2015 by 
the Governor's designee.
    (i) [Reserved]
    (ii) Additional materials. (A) Antelope Valley Air Quality 
Management District.
    (1) 8-Hour Reasonably Available Control Technology--State 
Implementation Plan Analysis (RACT SIP Analysis), July 2015, adopted on 
July 21, 2015.
    (2) Antelope Valley Air Quality Management District Federal 
Negative Declaration (8 hr Ozone Standard) for Twenty CTG Source 
Categories, signed June 15, 2015 and adopted on July 21, 2015.
    (494) The following plan revision was submitted on June 7, 2017 by 
the Governor's designee.
    (i) [Reserved]
    (ii) Additional materials. (A) Antelope Valley Air Quality 
Management District.
    (1) Antelope Valley Air Quality Management District Federal 
Negative Declaration (8-hour Ozone Standards) for Seven Control 
Techniques Guideline

[[Page 46925]]

Source Categories, signed October 19, 2016 and adopted on December 20, 
2016.
    (2) [Reserved]

0
3. Section 52.222 is amended by adding paragraphs (a)(6)(x) and (xi) to 
read as follows:


Sec.  52.222  Negative declarations.

    (a) * * *
    (6) * * *
    (x) The following negative declarations for the 2008 ozone NAAQS 
were adopted by the District on July 21, 2015 and submitted to EPA on 
October 23, 2015.

------------------------------------------------------------------------
        CTG source category                CTG reference document
------------------------------------------------------------------------
Bulk Gasoline Plants..............  Control of Volatile Organic
                                     Emissions from Bulk Gasoline Plants
                                     (EPA-450/2-77-035, 12/1977).
Coils.............................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume II: Surface Coating
                                     of Cans, Coils, Paper, Fabrics,
                                     Automobiles, and Light-Duty Trucks
                                     (EPA-450/2-77-008, 05/1977).
Fiberglass Boat Manufacturing       Control Techniques Guidelines for
 Materials.                          Fiberglass Boat Manufacturing
                                     Materials (EPA-453/R-08-004, 09/
                                     2008).
Fixed-Roof Tanks..................  Control Volatile Organic Emissions
                                     from Storage of Petroleum Liquids
                                     in Fixed-Roof Tanks (EPA-450/2-77-
                                     036, 12/1977).
Flat Wood Paneling................  Control Techniques Guidelines for
                                     Flat Wood Paneling Coatings (EPA-
                                     453/R-06-004, 09/2006).
Floating-Roof Tanks...............  Control of Volatile Organic
                                     Emissions from Petroleum Liquid
                                     Storage in External Floating Roof
                                     Tanks (EPA-450/2-78-047, 12/1978).
Insulation of Magnet Wire.........  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume IV: Surface Coating
                                     of Insulation of Magnet Wire (EPA-
                                     450/2-77-033, 12/1977).
Large Appliance Coatings..........  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume V: Surface Coating
                                     of Large Appliances (EPA-450/2-77-
                                     034, 12/1977).
                                    Control Techniques Guidelines for
                                     Large Appliance Coatings (EPA-453/R-
                                     07-004, 09/2007).
Large Petroleum Dry Cleaners......  Control of Volatile Organic Compound
                                     Emissions from Large Petroleum Dry
                                     Cleaners (EPA-450/3-82-009, 09/
                                     1982).
Manufacture of High-Density         Control of Volatile Organic Compound
 Polyethylene, Polypropylene, and    Emissions from Manufacture of High-
 Polystyrene Resins.                 Density Polyethylene,
                                     Polypropylene, and Polystyrene
                                     Resins (EPA-450/3-83-008, 11/1983).
Metal Furniture Coating...........  Control Techniques Guidelines for
                                     Metal Furniture Coatings (EPA-453/R-
                                     07-005, 09/2007).
Natural Gas/Gasoline Processing     Control of Volatile Organic Compound
 Plants.                             Leaks from Natural Gas/Gasoline
                                     Processing Plants (EPA-450/3-83-
                                     007, 12/1983).
Petroleum Refinery Equipment......  Control of Volatile Organic Compound
                                     Leaks from Petroleum Refinery
                                     Equipment (EPA-450/2-78-036, 06/
                                     1978).
Pneumatic Rubber Tires............  Control of Volatile Organic
                                     Emissions from Manufacture of
                                     Pneumatic Rubber Tires (EPA-450/2-
                                     78-030, 12/1978).
Refinery Vacuum Producing Systems,  Control of Refinery Vacuum Producing
 Wastewater Separators, and          Systems, Wastewater Separators, and
 Process Unit Turnarounds.           Process Unit Turnarounds (EPA-450/2-
                                     77-025, 10/1977).
Shipbuilding and Ship Repair        Control Techniques Guidelines for
 Surface Coating Operations.         Shipbuilding and Ship Repair
                                     Operations (Surface Coating) (61 FR
                                     44050, 08/27/96) and EPA-453/R-94-
                                     032, 04/1994.
Synthesized Pharmaceutical          Control of Volatile Organic
 Products.                           Emissions from Manufacture of
                                     Synthesized Pharmaceutical Products
                                     (EPA-450/2-78-029, 12/1978).
Synthetic Organic Chemical          Control Volatile Organic Compound
 Manufacturing Industry.             Emissions from Air Oxidation
                                     Processes in Synthetic Organic
                                     Chemical Manufacturing Industry
                                     (EPA-450/3-84-015, 12/1984).
                                    Control of Volatile Organic Compound
                                     Emissions from Reactor Processes
                                     and Distillation Operations in
                                     Synthetic Organic Chemical
                                     Manufacturing Industry (EPA-450/4-
                                     91-031, 08/1993).
Synthetic Organic Chemical Polymer  Control of Volatile Organic Compound
 and Resin Manufacturing Equipment.  Leaks from Synthetic Organic
                                     Chemical Polymer and Resin
                                     Manufacturing Equipment (EPA-450/3-
                                     83-006, 03/1984).
Wood Furniture Manufacturing        Control of Volatile Organic Compound
 Coating Operations.                 Emissions from Wood Furniture
                                     Manufacturing Operations (EPA-453/R-
                                     96-007, 04/1996).
------------------------------------------------------------------------

    (xi) The following negative declarations were adopted by the 
District on December 20, 2016 and submitted to EPA on June 7, 2017.

             Negative Declarations for the 1997 Ozone NAAQS
------------------------------------------------------------------------
        CTG source category                CTG reference document
------------------------------------------------------------------------
Can Coating.......................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume II: Surface Coating
                                     of Cans, Coils, Paper, Fabrics,
                                     Automobiles, and Light-Duty Trucks
                                     (EPA-450/2-77-008, 05/1977).
Flat Wood Paneling Coating........  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume VII: Factory
                                     Surface Coating of Flat Wood
                                     Paneling (EPA-450/2-78-032, 06/
                                     1978).
Large Petroleum Dry Cleaning......  Control of Volatile Organic Compound
                                     Emissions from Large Petroleum Dry
                                     Cleaners (EPA-450/3-82-009, 09/
                                     1982).
------------------------------------------------------------------------


[[Page 46926]]


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

* * * * *

0
4. Revise Sec.  52.248 to read as follows:


Sec.  52.248  Identification of plan--conditional approval.

    (a) The EPA is conditionally approving a California State 
Implementation Plan (SIP) revision submitted on November 13, 2015 
updating the motor vehicle emissions budgets for nitrogen oxides 
(NOX) and coarse particulate matter (PM10) for 
the 1987 24-hour PM10 standard for the San Joaquin Valley 
PM10 maintenance area. The conditional approval is based on 
a commitment from the State to submit a SIP revision that demonstrates 
full implementation of the contingency provisions of the 2007 
PM10 Maintenance Plan and Request for Redesignation 
(September 20, 2007). If the State fails to meet its commitment by June 
1, 2017, the approval is treated as a disapproval.
    (b) The EPA is conditionally approving portions of the California 
SIP revisions submitted on January 31, 2007 and October 23, 2015, 
demonstrating control measures in the Antelope Valley portion of the 
Los Angeles-San Bernardino Counties (West Mojave Desert) nonattainment 
area implement RACT for the 1997 and 2008 ozone standards. The 
conditional approval is based on a commitment from the state to submit 
new or revised rules that will correct deficiencies in the following 
rules for the Antelope Valley Air Quality Management District:
    (1) Rule 462, Organic Liquid Loading;
    (2) Rule 1110.2, Emissions from Stationary, Non-road & Portable 
Internal Combustion Engines;
    (3) Rule 1151, Motor Vehicle and Mobile Equipment Coating 
Operations; and
    (4) Rule 1171, Solvent Cleaning Operations. If the State fails to 
meet its commitment by November 9, 2018, the conditional approval is 
treated as a disapproval.

[FR Doc. 2017-21375 Filed 10-6-17; 8:45 am]
BILLING CODE 6560-50-P



                                                                  Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations                                                                   46923

                                                                                                           EPA APPROVED ALABAMA REGULATIONS
                                                                                                                                           State effective
                                                   State citation                                   Title/subject                                                    EPA approval date                          Explanation
                                                                                                                                                date


                                                          *                        *                          *                            *                        *                           *                       *

                                                                                                                    Chapter No. 335–3–14             Air Permits


                                                      *                           *                    *                                   *                         *                         *                        *
                                             Section 335–3–14–.04            Air Permits Authorizing Construction in                             11/25/2014     10/10/2017 ........................
                                                                               Clean Air Areas [Prevention of Significant                                       [Insert Federal Register
                                                                               Deterioration Permitting (PSD)).                                                    citation].

                                                          *                        *                          *                            *                        *                           *                       *



                                             *       *        *       *      *                              demonstration regarding Reasonably                             material, such as copyrighted material,
                                             [FR Doc. 2017–21605 Filed 10–6–17; 8:45 am]                    Available Control Technology (RACT)                            is not placed on the Internet and will be
                                             BILLING CODE 6560–50–P                                         requirements for the 1997 8-hour ozone                         publicly available only in hard copy
                                                                                                            and the 2008 8-hour ozone National                             form. Publicly available docket
                                                                                                            Ambient Air Quality Standards                                  materials are available through https://
                                             ENVIRONMENTAL PROTECTION                                       (NAAQS or ‘‘standards’’) in the                                www.regulations.gov, or please contact
                                             AGENCY                                                         Antelope Valley ozone nonattainment                            the person identified in the FOR FURTHER
                                                                                                            area. The EPA is also taking final action                      INFORMATION CONTACT section for
                                             40 CFR Part 52                                                 to approve AVAQMD negative                                     additional availability information.
                                             [EPA–R09–OAR–2016–0524; FRL–9968–                              declarations into the SIP for the 1997                         FOR FURTHER INFORMATION CONTACT:
                                             35—Region 9]                                                   and the 2008 ozone standards.                                  Nancy Levin, EPA Region IX, (415) 972–
                                                                                                              We are approving local SIP revisions                         3848, levin.nancy@epa.gov.
                                             Approval of California Air Plan                                under the Clean Air Act (CAA or the
                                             Revisions, Antelope Valley Air Quality                                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                            Act).                                                          Throughout this document, ‘‘we,’’ ‘‘us’’
                                             Management District
                                                                                                            DATES:  This rule will be effective on                         and ‘‘our’’ refer to the EPA.
                                             AGENCY:  Environmental Protection                              November 9, 2017.
                                             Agency (EPA).                                                                                                                 Table of Contents
                                             ACTION: Final rule.                                            ADDRESSES: The EPA has established a                           I. Proposed Action
                                                                                                            docket for this action under Docket ID                         II. Public Comments and EPA Responses
                                             SUMMARY:    The Environmental Protection                       No. EPA–R09–OAR–2016–0524. All                                 III. EPA Action
                                             Agency (EPA) is taking final action to                         documents in the docket are listed on                          IV. Statutory and Executive Order Reviews
                                             approve and conditionally approve                              the https://www.regulations.gov Web
                                             revisions to the Antelope Valley Air                           site. Although listed in the index, some                       I. Proposed Action
                                             Quality Management District (AVAQMD                            information is not publicly available,                           On July 28, 2017 (82 FR 35149), the
                                             or ‘‘District’’) portion of the California                     e.g., Confidential Business Information                        EPA proposed action on the following
                                             State Implementation Plan (SIP). These                         or other information whose disclosure is                       documents submitted into the California
                                             revisions concern the District’s                               restricted by statute. Certain other                           SIP.

                                                  Local                                                                Document                                                                       Adopted         Submitted
                                                 agency

                                             AVAQMD           AVAQMD 8-Hour Reasonably Available Control Technology—State Implementation Plan Analysis                                                  09/19/06            01/31/07
                                                               (RACT SIP Analysis)—1997 8-hour Ozone NAAQS ‘‘2006 RACT SIP’’.
                                             AVAQMD           AVAQMD 8-Hour Reasonably Available Control Technology—State Implementation Plan Analysis                                                  07/21/15            10/23/15
                                                               (2015 RACT SIP Analysis)—2008 8-hour Ozone NAAQS ‘‘2015 RACT SIP’’.
                                             AVAQMD           AVAQMD Federal Negative Declarations for Twenty Control Techniques Guidelines Source Cat-                                                 07/21/15            10/23/15
                                                               egories.
                                             AVAQMD           AVAQMD Federal Negative Declarations for Seven Control Techniques Guidelines Source Cat-                                                  12/20/16            06/07/17
                                                               egories.



                                               Specifically, the EPA proposed to                            proposed to fully approve the remainder                        identified deficiencies within one year
                                             conditionally approve AVAQMD’s 2006                            of the 2006 and 2015 RACT SIPs, and                            of the approval of the plan revision.
                                             and 2015 RACT SIPs with respect to                             to fully approve AVAQMD’s negative                               We proposed to approve these
Pmangrum on DSK3GDR082PROD with RULES




                                             Rule 462, Organic Liquid Loading; Rule                         declarations submitted on October 23,                          submittals because we determined that
                                             1110.2, Emissions from Stationary, Non-                        2015 and June 7, 2017. We                                      they complied with the relevant CAA
                                             road & Portable Internal Combustion                            simultaneously withdrew our December                           requirements. Our proposed action
                                             Engines; Rule 1151, Motor Vehicle and                          15, 2016 proposal to partially approve                         contains more information on the
                                             Mobile Equipment Coating Operations;                           and partially disapprove AVAQMD’s                              submittals and our evaluation.
                                             and Rule 1171, Solvent Cleaning                                2006 and 2015 RACT SIPs because the
                                             Operations. Simultaneously, EPA                                AVAQMD committed to address the


                                        VerDate Sep<11>2014       14:55 Oct 06, 2017   Jkt 244001     PO 00000      Frm 00031   Fmt 4700       Sfmt 4700   E:\FR\FM\10OCR1.SGM       10OCR1


                                             46924            Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations

                                             II. Public Comments and EPA                             safety risks subject to Executive Order               List of Subjects in 40 CFR Part 52
                                             Responses                                               13045 (62 FR 19885, April 23, 1997);                    Environmental protection, Air
                                               The EPA’s proposed action provided                       • Is not a significant regulatory action           pollution control, Incorporation by
                                             a 30-day public comment period. During                  subject to Executive Order 13211 (66 FR               reference, Intergovernmental relations,
                                             this period, we received no comments.                   28355, May 22, 2001);                                 Nitrogen dioxide, Ozone, Reporting and
                                                                                                        • Is not subject to requirements of                recordkeeping requirements, Volatile
                                             III. EPA Action                                         section 12(d) of the National                         organic compounds.
                                                No comments were submitted.                          Technology Transfer and Advancement
                                                                                                                                                             Dated: September 15, 2017.
                                             Therefore, as authorized in subsections                 Act of 1995 (15 U.S.C. 272 note) because
                                                                                                     application of those requirements would               Deborah Jordan,
                                             110(k)(3) and 110(k)(4) of the Act, the
                                                                                                     be inconsistent with the Clean Air Act;               Acting Regional Administrator, Region IX.
                                             EPA is conditionally approving
                                             AVAQMD’s 2006 and 2015 RACT SIPs                        and                                                     Part 52, Chapter I, Title 40 of the Code
                                             with respect to Rule 462, Organic Liquid                   • Does not provide the EPA with the                of Federal Regulations is amended as
                                             Loading; Rule 1110.2, Emissions from                    discretionary authority to address, as                follows:
                                             Stationary, Non-road & Portable                         appropriate, disproportionate human
                                             Internal Combustion Engines; Rule                       health or environmental effects, using                PART 52—APPROVAL AND
                                             1151, Motor Vehicle and Mobile                          practicable and legally permissible                   PROMULGATION OF
                                             Equipment Coating Operations; and                       methods, under Executive Order 12898                  IMPLEMENTATION PLANS
                                             Rule 1171, Solvent Cleaning Operations,                 (59 FR 7629, February 16, 1994).
                                             and fully approving the remainder of                       In addition, the SIP is not approved               ■ 1. The authority citation for part 52
                                             the 2006 and 2015 RACT SIPs and                         to apply on any Indian reservation land               continues to read as follows:
                                             AVAQMD’s negative declarations                          or in any other area where the EPA or                     Authority: 42 U.S.C. 7401 et seq.
                                             submitted on October 23, 2015 and June                  an Indian tribe has demonstrated that a
                                             7, 2017 into the California SIP.                        tribe has jurisdiction. In those areas of             Subpart F—California
                                                                                                     Indian country, the rule does not have
                                             IV. Statutory and Executive Order                       tribal implications and will not impose               ■ 2. Section 52.220 is amended by
                                             Reviews                                                 substantial direct costs on tribal                    adding paragraphs (c)(358)(ii), (c)(493)
                                                                                                     governments or preempt tribal law as                  and (494) to read as follows:
                                                Under the Clean Air Act, the
                                             Administrator is required to approve a                  specified by Executive Order 13175 (65                § 52.220    Identification of plan—in part.
                                             SIP submission that complies with the                   FR 67249, November 9, 2000).                          *      *    *    *    *
                                             provisions of the Act and applicable                       The Congressional Review Act, 5                      (c) * * *
                                             federal regulations. 42 U.S.C. 7410(k);                 U.S.C. 801 et seq., as added by the Small               (358) * * *
                                             40 CFR 52.02(a). Thus, in reviewing SIP                 Business Regulatory Enforcement                         (ii) Additional materials. (A) Antelope
                                             submissions, the EPA’s role is to                       Fairness Act of 1996, generally provides              Valley Air Quality Management District.
                                             approve state choices, provided that                    that before a rule may take effect, the                 (1) 8-Hour Reasonably Available
                                             they meet the criteria of the Clean Air                 agency promulgating the rule must                     Control Technology—State
                                             Act. Accordingly, this action merely                    submit a rule report, which includes a                Implementation Plan Analysis (RACT
                                             approves state law as meeting federal                   copy of the rule, to each House of the                SIP Analysis), August 2006, adopted on
                                             requirements and does not impose                        Congress and to the Comptroller General               September 19, 2006.
                                             additional requirements beyond those                    of the United States. The EPA will                      (2) [Reserved]
                                             imposed by state law. For that reason,                  submit a report containing this action                *      *    *    *    *
                                             this action:                                            and other required information to the                   (493) The following plan was
                                                • Is not a significant regulatory action             U.S. Senate, the U.S. House of                        submitted by on October 23, 2015 by the
                                             subject to review by the Office of                      Representatives, and the Comptroller                  Governor’s designee.
                                             Management and Budget under                             General of the United States prior to                   (i) [Reserved]
                                             Executive Orders 12866 (58 FR 51735,                    publication of the rule in the Federal                  (ii) Additional materials. (A) Antelope
                                             October 4, 1993) and 13563 (76 FR 3821,                 Register. A major rule cannot take effect             Valley Air Quality Management District.
                                             January 21, 2011);                                      until 60 days after it is published in the              (1) 8-Hour Reasonably Available
                                                • Does not impose an information                     Federal Register. This action is not a                Control Technology—State
                                             collection burden under the provisions                  ‘‘major rule’’ as defined by 5 U.S.C.                 Implementation Plan Analysis (RACT
                                             of the Paperwork Reduction Act (44                      804(2).                                               SIP Analysis), July 2015, adopted on
                                             U.S.C. 3501 et seq.);                                      Under section 307(b)(1) of the Clean               July 21, 2015.
                                                • Is certified as not having a                       Air Act, petitions for judicial review of               (2) Antelope Valley Air Quality
                                             significant economic impact on a                        this action must be filed in the United               Management District Federal Negative
                                             substantial number of small entities                    States Court of Appeals for the                       Declaration (8 hr Ozone Standard) for
                                             under the Regulatory Flexibility Act (5                 appropriate circuit by December 11,                   Twenty CTG Source Categories, signed
                                             U.S.C. 601 et seq.);                                    2017. Filing a petition for                           June 15, 2015 and adopted on July 21,
                                                • Does not contain any unfunded                      reconsideration by the Administrator of               2015.
                                             mandate or significantly or uniquely                    this final rule does not affect the finality            (494) The following plan revision was
                                             affect small governments, as described                  of this action for the purposes of judicial           submitted on June 7, 2017 by the
                                             in the Unfunded Mandates Reform Act                     review nor does it extend the time                    Governor’s designee.
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                                             of 1995 (Pub. L. 104–4);                                within which a petition for judicial                    (i) [Reserved]
                                                • Does not have Federalism                           review may be filed, and shall not                      (ii) Additional materials. (A) Antelope
                                             implications as specified in Executive                  postpone the effectiveness of such rule               Valley Air Quality Management District.
                                             Order 13132 (64 FR 43255, August 10,                    or action. This action may not be                       (1) Antelope Valley Air Quality
                                             1999);                                                  challenged later in proceedings to                    Management District Federal Negative
                                                • Is not an economically significant                 enforce its requirements (see section                 Declaration (8-hour Ozone Standards)
                                             regulatory action based on health or                    307(b)(2)).                                           for Seven Control Techniques Guideline


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                                                                    Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations                                             46925

                                             Source Categories, signed October 19,                              ■ 3. Section 52.222 is amended by                        (6) * * *
                                             2016 and adopted on December 20,                                   adding paragraphs (a)(6)(x) and (xi) to                  (x) The following negative
                                             2016.                                                              read as follows:                                       declarations for the 2008 ozone NAAQS
                                               (2) [Reserved]                                                                                                          were adopted by the District on July 21,
                                                                                                                § 52.222     Negative declarations.                    2015 and submitted to EPA on October
                                                                                                                      (a) * * *                                        23, 2015.

                                                       CTG source category                                                                         CTG reference document

                                             Bulk Gasoline Plants .......................             Control of Volatile Organic Emissions from Bulk Gasoline Plants (EPA–450/2–77–035, 12/1977).
                                             Coils ................................................   Control of Volatile Organic Emissions from Existing Stationary Sources—Volume II: Surface Coating of
                                                                                                        Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks (EPA–450/2–77–008, 05/1977).
                                             Fiberglass Boat Manufacturing Ma-                        Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials (EPA–453/R–08–004, 09/
                                               terials.                                                 2008).
                                             Fixed-Roof Tanks ............................            Control Volatile Organic Emissions from Storage of Petroleum Liquids in Fixed-Roof Tanks (EPA–450/2–
                                                                                                        77–036, 12/1977).
                                             Flat Wood Paneling ........................              Control Techniques Guidelines for Flat Wood Paneling Coatings (EPA–453/R–06–004, 09/2006).
                                             Floating-Roof Tanks ........................             Control of Volatile Organic Emissions from Petroleum Liquid Storage in External Floating Roof Tanks
                                                                                                        (EPA–450/2–78–047, 12/1978).
                                             Insulation of Magnet Wire ...............                Control of Volatile Organic Emissions from Existing Stationary Sources—Volume IV: Surface Coating of In-
                                                                                                        sulation of Magnet Wire (EPA–450/2–77–033, 12/1977).
                                             Large Appliance Coatings ...............                 Control of Volatile Organic Emissions from Existing Stationary Sources—Volume V: Surface Coating of
                                                                                                        Large Appliances (EPA–450/2–77–034, 12/1977).
                                                                                                      Control Techniques Guidelines for Large Appliance Coatings (EPA–453/R–07–004, 09/2007).
                                             Large Petroleum Dry Cleaners .......                     Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners (EPA–450/3–82–
                                                                                                        009, 09/1982).
                                             Manufacture of High-Density Poly-                        Control of Volatile Organic Compound Emissions from Manufacture of High-Density Polyethylene, Poly-
                                               ethylene, Polypropylene, and Pol-                        propylene, and Polystyrene Resins (EPA–450/3–83–008, 11/1983).
                                               ystyrene Resins.
                                             Metal Furniture Coating ..................               Control Techniques Guidelines for Metal Furniture Coatings (EPA–453/R–07–005, 09/2007).
                                             Natural Gas/Gasoline Processing                          Control of Volatile Organic Compound Leaks from Natural Gas/Gasoline Processing Plants (EPA–450/3–
                                               Plants.                                                  83–007, 12/1983).
                                             Petroleum Refinery Equipment .......                     Control of Volatile Organic Compound Leaks from Petroleum Refinery Equipment (EPA–450/2–78–036, 06/
                                                                                                        1978).
                                             Pneumatic Rubber Tires .................                 Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires (EPA–450/2–78–030,
                                                                                                        12/1978).
                                             Refinery Vacuum Producing Sys-                           Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds
                                               tems, Wastewater Separators,                             (EPA–450/2–77–025, 10/1977).
                                               and Process Unit Turnarounds.
                                             Shipbuilding and Ship Repair Sur-                        Control Techniques Guidelines for Shipbuilding and Ship Repair Operations (Surface Coating) (61 FR
                                               face Coating Operations.                                 44050, 08/27/96) and EPA–453/R–94–032, 04/1994.
                                             Synthesized Pharmaceutical Prod-                         Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products (EPA–
                                               ucts.                                                    450/2–78–029, 12/1978).
                                             Synthetic Organic Chemical Manu-                         Control Volatile Organic Compound Emissions from Air Oxidation Processes in Synthetic Organic Chem-
                                               facturing Industry.                                      ical Manufacturing Industry (EPA–450/3–84–015, 12/1984).
                                                                                                      Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations in
                                                                                                        Synthetic Organic Chemical Manufacturing Industry (EPA–450/4–91–031, 08/1993).
                                             Synthetic Organic Chemical Poly-                         Control of Volatile Organic Compound Leaks from Synthetic Organic Chemical Polymer and Resin Manu-
                                               mer and Resin Manufacturing                              facturing Equipment (EPA–450/3–83–006, 03/1984).
                                               Equipment.
                                             Wood     Furniture  Manufacturing                        Control of Volatile Organic Compound Emissions from Wood Furniture Manufacturing Operations (EPA–
                                               Coating Operations.                                      453/R–96–007, 04/1996).



                                               (xi) The following negative                                      District on December 20, 2016 and
                                             declarations were adopted by the                                   submitted to EPA on June 7, 2017.

                                                                                                      NEGATIVE DECLARATIONS FOR THE 1997 OZONE NAAQS
                                                       CTG source category                                                                         CTG reference document

                                             Can Coating ....................................         Control of Volatile Organic Emissions from Existing Stationary Sources—Volume II: Surface Coating of
                                                                                                        Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks (EPA–450/2–77–008, 05/1977).
                                             Flat Wood Paneling Coating ...........                   Control of Volatile Organic Emissions from Existing Stationary Sources—Volume VII: Factory Surface
                                                                                                        Coating of Flat Wood Paneling (EPA–450/2–78–032, 06/1978).
                                             Large Petroleum Dry Cleaning .......                     Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners (EPA–450/3–82–
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                                                                                                        009, 09/1982).




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                                             46926                Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations

                                                                                                NEGATIVE DECLARATIONS FOR THE 2008 OZONE NAAQS
                                                      CTG source category                                                                   CTG reference document

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



                                             *       *       *        *       *                           conditional approval is treated as a                  ADDRESSES:    The docket for this action,
                                                                                                          disapproval.                                          identified by docket identification (ID)
                                             ■   4. Revise § 52.248 to read as follows:
                                                                                                          [FR Doc. 2017–21375 Filed 10–6–17; 8:45 am]           number: EPA–HQ–OPP–2017–0012, is
                                             § 52.248 Identification of plan—conditional                  BILLING CODE 6560–50–P
                                                                                                                                                                available at http://www.regulations.gov
                                             approval.                                                                                                          or at the Office of Pesticide Programs
                                                                                                                                                                Regulatory Public Docket (OPP Docket)
                                               (a) The EPA is conditionally                                                                                     in the Environmental Protection Agency
                                             approving a California State                                 ENVIRONMENTAL PROTECTION
                                                                                                          AGENCY                                                Docket Center (EPA/DC), West William
                                             Implementation Plan (SIP) revision                                                                                 Jefferson Clinton Bldg., Rm. 3334, 1301
                                             submitted on November 13, 2015                               40 CFR Part 180                                       Constitution Ave. NW., Washington, DC
                                             updating the motor vehicle emissions                                                                               20460–0001. The Public Reading Room
                                             budgets for nitrogen oxides (NOX) and                                                                              is open from 8:30 a.m. to 4:30 p.m.,
                                                                                                          [EPA–HQ–OPP–2017–0012; FRL–9965–58]
                                             coarse particulate matter (PM10) for the                                                                           Monday through Friday, excluding legal
                                             1987 24-hour PM10 standard for the San                       Tall Oil Fatty Acids; Exemption From                  holidays. The telephone number for the
                                             Joaquin Valley PM10 maintenance area.                        the Requirement of a Tolerance                        Public Reading Room is (202) 566–1744,
                                             The conditional approval is based on a                                                                             and the telephone number for the OPP
                                             commitment from the State to submit a                        AGENCY:  Environmental Protection                     Docket is (703) 305–5805. Please review
                                             SIP revision that demonstrates full                          Agency (EPA).                                         the visitor instructions and additional
                                             implementation of the contingency                            ACTION: Final rule.                                   information about the docket available
                                             provisions of the 2007 PM10                                                                                        at http://www.epa.gov/dockets.
                                             Maintenance Plan and Request for                             SUMMARY:    This regulation establishes               FOR FURTHER INFORMATION CONTACT:
                                             Redesignation (September 20, 2007). If                       exemptions from the requirement of a                  Michael L. Goodis, Registration Division
                                             the State fails to meet its commitment                       tolerance for residues of tall oil fatty              (7505P), Registration Division (7505P),
                                             by June 1, 2017, the approval is treated                     acids (CAS Reg. No. 61790–12–3) when                  Office of Pesticide Programs,
                                             as a disapproval.                                            used as inert ingredients (solvent/                   Environmental Protection Agency, 1200
                                               (b) The EPA is conditionally                               carrier) in the following circumstances:              Pennsylvania Ave. NW., Washington,
                                             approving portions of the California SIP                     In pesticide formulations applied to                  DC 20460–0001; main telephone
                                             revisions submitted on January 31, 2007                      growing crops and raw agricultural                    number: (703) 305–7090; email address:
                                             and October 23, 2015, demonstrating                          commodities after harvest; in pesticides              RDFRNotices@epa.gov.
                                             control measures in the Antelope Valley                      applied in/on animals, and in                         SUPPLEMENTARY INFORMATION:
                                             portion of the Los Angeles-San                               antimicrobial formulations for food
                                             Bernardino Counties (West Mojave                             contact surfaces. Spring Trading                      I. General Information
                                             Desert) nonattainment area implement                         Company on behalf of Ingevity                         A. Does this action apply to me?
                                             RACT for the 1997 and 2008 ozone                             Corporation submitted a petition to EPA
                                             standards. The conditional approval is                       under the Federal Food, Drug, and                        You may be potentially affected by
                                             based on a commitment from the state                         Cosmetic Act (FFDCA), requesting                      this action if you are an agricultural
                                             to submit new or revised rules that will                     establishment of these exemptions from                producer, food manufacturer, or
                                             correct deficiencies in the following                        the requirement of a tolerance. This                  pesticide manufacturer. The following
                                             rules for the Antelope Valley Air                            regulation eliminates the need to                     list of North American Industrial
                                             Quality Management District:                                 establish maximum permissible levels                  Classification System (NAICS) codes is
                                                                                                          for residues of tall oil fatty acids that are         not intended to be exhaustive, but rather
                                               (1) Rule 462, Organic Liquid Loading;                                                                            provides a guide to help readers
                                                                                                          consistent with the conditions of these
                                               (2) Rule 1110.2, Emissions from                            exemptions.                                           determine whether this document
                                             Stationary, Non-road & Portable                                                                                    applies to them. Potentially affected
                                             Internal Combustion Engines;                                 DATES: This regulation is effective                   entities may include:
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                                                                                                          October 10, 2017. Objections and                         • Crop production (NAICS code 111).
                                               (3) Rule 1151, Motor Vehicle and                           requests for hearings must be received                   • Animal production (NAICS code
                                             Mobile Equipment Coating Operations;                         on or before December 11, 2017, and                   112).
                                             and                                                          must be filed in accordance with the                     • Food manufacturing (NAICS code
                                               (4) Rule 1171, Solvent Cleaning                            instructions provided in 40 CFR part                  311).
                                             Operations. If the State fails to meet its                   178 (see also Unit I.C. of the                           • Pesticide manufacturing (NAICS
                                             commitment by November 9, 2018, the                          SUPPLEMENTARY INFORMATION).                           code 32532).


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Document Created: 2017-10-07 10:31:59
Document Modified: 2017-10-07 10:31:59
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
ActionFinal rule.
DatesThis rule will be effective on November 9, 2017.
ContactNancy Levin, EPA Region IX, (415) 972- 3848, [email protected]
FR Citation82 FR 46923 
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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