82 FR 54309 - Approval of California Air Plan Revisions, Mojave Desert Air Quality Management District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 221 (November 17, 2017)
Federal Register Volume 82, Issue 221 (November 17, 2017)
| Page Range | 54309-54314 | |
| FR Document | 2017-25017 |
[Federal Register Volume 82, Number 221 (Friday, November 17, 2017)] [Proposed Rules] [Pages 54309-54314] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25017] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2017-0564; FRL-9970-87-Region 9] Approval of California Air Plan Revisions, Mojave Desert Air Quality Management District AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve and conditionally approve revisions to the Mojave Desert Air Quality Management District (MDAQMD 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 ``standard'') in the portion of the Western Mojave Desert ozone nonattainment area under the jurisdiction of the MDAQMD. The EPA is also proposing to approve MDAQMD negative declarations into the SIP for the 2008 ozone standards. We are proposing action on local SIP revisions under the Clean Air Act (CAA or Act). We are taking comments on this proposal and plan to follow with a final action. DATES: Any comments must arrive by December 18, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09- OAR-2017-0564 at https://www.regulations.gov/, or via email to [[Page 54310]] Nancy Levin, Rulemaking Office at [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be removed or edited from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the Web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, (415) 942- 3848, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA. Table of Contents I. The State's Submittal A. What documents did the State submit? B. Are there other versions of these documents? C. What is the purpose of the submitted documents? II. The EPA's Evaluation and Proposed Action A. How is the EPA evaluating the submitted documents? B. Do the documents meet the evaluation criteria? C. EPA Recommendations To Further Improve the RACT SIPs D. Public Comment and Proposed Action III. Statutory and Executive Order Reviews I. The State's Submittal A. What documents did the State submit? Table 1 lists the documents addressed by this proposal with the dates that they were adopted by the local air agency and submitted to the EPA by the California Air Resources Board (CARB). Table 1--Submitted Documents ------------------------------------------------------------------------ Local agency Document Adopted Submitted ------------------------------------------------------------------------ MDAQMD............ MDAQMD 8-Hour 9/25/06 7/11/2007 Reasonably Available Control Technology--State Implementation Plan Analysis (RACT SIP Analysis) ``2006 RACT SIP''. MDAQMD............ MDAQMD 2015 8-Hour 2/23/15 9/9/2015 Reasonably Available Control Technology --State Implementation Plan Analysis (2015 RACT SIP Analysis) ``2015 RACT SIP''. MDAQMD............ MDAQMD Federal 2/23/15 9/9/2015 Negative Declarations for Nineteen Control Techniques Guidelines Source Categories ``Negative Declarations for 19 CTGs''. ------------------------------------------------------------------------ In addition to these SIP submittals, the District and CARB transmitted commitment letters to the EPA to adopt and submit specific enforceable measures within a year of our anticipated approval date that would remedy the deficiencies identified in the 2017 MDAQMD and CARB letters to the EPA.\1\ --------------------------------------------------------------------------- \1\ Letters from Brad Poiriez, Mojave Desert Air Quality Management District (MDAQMD) to Alexis Strauss, U.S. Environmental Protection Agency (EPA) and Richard Corey, California Air Resources Board (CARB), dated September 25, 2017 and September 27, 2017. Letter from Jon Taylor, CARB, to Alexis Strauss, EPA, dated October 3, 2017. --------------------------------------------------------------------------- On January 11, 2008, the submittal for MDAQMD's RACT SIP for the 1997 8-hour ozone NAAQS (2006 RACT SIP) was deemed by operation of law to meet the completeness criteria in Title 40 of the Code of Federal Regulations (CFR) part 51 Appendix V, which must be met before formal EPA review. On March 9, 2016, the submittal for the MDAQMD's 2015 RACT SIP, including negative declarations for 19 CTGs, was found to meet the completeness criteria. B. Are there other versions of these documents? There are no previous versions of these documents in the MDAQMD portion of the California SIP for the 1997 or 2008 8-hour ozone standards. C. What is the purpose of the submitted documents? 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 regulations that control VOCs and NOX emissions. Sections 182(b)(2) and (f) require that SIPs for ozone nonattainment areas classified as Moderate or above implement RACT for any source covered by a Control Techniques Guidelines (CTG) document and for any major source of VOCs or NOX . The MDAQMD is subject to this requirement as it regulates the San Bernardino portion of the Western Mojave Desert ozone nonattainment area that was previously designated and classified as a Moderate nonattainment area for the 1997 NAAQS and is currently classified as a Severe-15 ozone nonattainment area for the 1997 and the 2008 8-hour ozone NAAQS.\2\ Therefore, the MDAQMD must, at a minimum, adopt RACT-level controls for all sources covered by a CTG document and for all major non-CTG sources of VOCs or NOX within the nonattainment area. Any stationary source that emits or has the potential to emit at least 100 tons per year of VOCs or NOX is a major stationary source in a Moderate ozone nonattainment area (CAA section 182(b)(2), (f) and 302(j)), and any stationary source that emits or has the potential to emit at least 25 tons per year of VOCs or NOX is a major stationary source in a Severe ozone nonattainment area (CAA sections 182(d) and (f)). --------------------------------------------------------------------------- \2\ 40 CFR 81.305; 69 FR 23858 at 23884 (April 30, 2004) (final rule designating and classifying Western Mojave Desert as a Subpart 2/Moderate nonattainment for the 1997 8-hour ozone NAAQS); 77 FR 26950 (May 8, 2012) (final rule reclassifying Western Mojave Desert as Severe-15 nonattainment for the 1997 8-hour ozone NAAQS); and 77 FR 30088 at 30100 (May 21, 2012) (final rule designating and classifying Western Mojave Desert as Severe-15 nonattainment for the 2008 8-hour ozone NAAQS). Western Mojave Desert is listed in the final rulemaking under ``Los Angeles-San Bernardino Cos (W Mojave Desert), CA: Los Angeles County (part).'' The EPA evaluated MDAQMD's 2006 RACT SIP submittal as a Moderate ozone nonattainment area since the District adopted its 2006 certification based on that classification. On March 13, 2014, the MDAQMD provided additional information to supplement its 2006 RACT SIP, to address the EPA's September 11, 2006 comments on the 2006 RACT SIP. --------------------------------------------------------------------------- Section IV.G of the preamble to the EPA's final rule to implement the 1997 8-hour ozone NAAQS (70 FR 71612, November 29, 2005) discusses RACT [[Page 54311]] requirements. It states in part that where a RACT SIP is required, states implementing the 8-hour standard generally must assure that RACT is implemented, either through a certification that previously required RACT controls still represent RACT for 8-hour implementation purposes or through a new RACT determination. Section III.D of the preamble to the EPA's final rule to implement the 2008 ozone NAAQS (80 FR 12264, March 6, 2015) discusses similar requirements for RACT. The submitted documents provide MDAQMD's analyses of its compliance with the CAA section 182 RACT requirements for the 1997 and 2008 8-hour ozone NAAQS. The EPA's technical support documents (TSDs) \3\ have more information about the District's submissions and the EPA's evaluations thereof. --------------------------------------------------------------------------- \3\ The docket for this proposed action contains two TSDs, one addressing the 2006 RACT SIP, and one addressing the 2015 RACT SIP and Negative Declarations for 19 CTGs. --------------------------------------------------------------------------- II. The EPA's Evaluation and Proposed Action A. How is the EPA evaluating the submitted documents? SIP rules must require RACT for each category of sources covered by a CTG document as well as each major source of VOCs or NOX in ozone nonattainment areas classified as Moderate or above (see CAA section 182(b)(2)). The MDAQMD regulates a Severe ozone nonattainment area (see 40 CFR 81.305), so the District's rules must implement RACT. States should also submit for SIP approval negative declarations for those source categories for which they are not adopting CTG-based regulations (because they have no sources above the CTG recommended threshold) regardless of whether such negative declarations were made for an earlier SIP.\4\ To do so, the submittal should provide reasonable assurance that no sources subject to the CTG requirements currently exist or are planned for the MDAQMD. --------------------------------------------------------------------------- \4\ 57 FR 13498, 13512 (April 16, 1992). The EPA previously approved several negative declarations submitted by MDAQMD. See 76 FR 29153 (May 20, 2011). --------------------------------------------------------------------------- The District's analysis must demonstrate that each major source of NOX or VOCs in the nonattainment area is covered by a RACT- level rule. In addition, for each CTG source category, the District must either demonstrate that a RACT-level rule is in place, or submit a negative declaration. Guidance and policy documents that we use to evaluate CAA section 182 RACT requirements include the following: 1. ``Final Rule to Implement the 8-hour Ozone National Ambient Air Quality Standard--Phase 2'': (70 FR 71612; November 29, 2005). 2. ``State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992). 3. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11, 1990). 4. ``Guidance Document for Correcting Common VOC & Other Rule Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook). 5. ``State Implementation Plans; Nitrogen Oxides Supplement to the General Preamble; Clean Air Act Amendments of 1990 Implementation of Title I; Proposed Rule,'' (the NOX Supplement), 57 FR 55620, November 25, 1992. 6. Memorandum from William T. Harnett to Regional Air Division Directors, (May 18, 2006), ``RACT Qs & As--Reasonably Available Control Technology (RACT) Questions and Answers.'' 7. 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. 8. RACT SIPs, Letter dated April 4, 2006 from EPA Region IX (Andrew Steckel) to CARB (Kurt Karperos) listing EPA's current CTGs, ACTs, and other documents which may help to establish RACT. 9. ``Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements'' (80 FR 12264; March 6, 2015). With respect to major stationary sources, because the Western Mojave Desert ozone nonattainment area was classified as ``Moderate'' nonattainment for the 1997 8-hour ozone NAAQS at the time that California submitted the 2006 RACT SIP to the EPA, the EPA evaluated this submission in accordance with the 100 ton per year (tpy) threshold for ``major stationary sources'' of VOCs or NOX emissions in Moderate ozone nonattainment areas. (see CAA sections 182(b)(2) and (f)). MDAQMD's 2015 RACT SIP submittal contains the District's RACT evaluation for major stationary sources in accordance with the 25 tpy threshold for major stationary sources of VOCs or NOX emissions in Severe ozone nonattainment areas. (see CAA sections 182(d) and (f)). The EPA also evaluated MDAQMD's submittals for compliance with the additional RACT requirements that became applicable following the EPA's reclassification of the Western Mojave Desert ozone nonattainment area from ``Moderate'' to ``Severe'' nonattainment for the 1997 8-hour ozone NAAQS and classification as a Severe ozone nonattainment area for the 2008 8-hour ozone NAAQS. B. Do the documents meet the evaluation criteria? We find that the District's submissions are largely consistent with the applicable CAA requirements. The District has identified rule deficiencies for certain rules, and in light of the District's commitment to adopt specific enforceable measures to remedy the identified rule deficiencies, the EPA will propose to conditionally approve portions of the submittals. The SIP submittals and supplementary material demonstrate that all of the identified SIP rules implement RACT for the applicable CTG categories and for the major non-CTG stationary sources of VOCs and NOX for the 1997 and 2008 8-hour ozone NAAQS, with the exception of the following rules: Rule 461, Gasoline Transfer and Dispensing; Rule 462, Organic Liquid Loading; Rule 463, Storage of Organic Liquids; Rule 1104, Organic Solvent Degreasing; Rule 1106, Marine Coating Operations; Rule 1114, Wood Products Coating Operations; Rule 1115, Metal Parts & Product Coating Operations; Rule 1157, Boilers and Process Heaters; Rule 1160, Internal Combustion Engines; Rule 1161, and Portland Cements Kilns; Rule 1162, Polyester Resin Operations. On February 24, 2017, CARB submitted an updated version of Rule 1106, Marine Coating Operations. The EPA has concluded that the District's revisions of this rule cure the deficiencies identified by the District in its 2015 RACT SIP Analysis. We are proposing approval of this rule in parallel with the present proposed action. On September 25, 2017 and September 27, 2017, the District transmitted to CARB and the EPA commitments to adopt new or revised rules that will resolve the identified rule deficiencies in the remaining rules, and to transmit these rules to CARB no later than December 31, 2018. On October 3, 2017, CARB committed to submit these rules to the EPA no later than January 31, 2019.\5\ These letters commit the District to adopt specific enforceable measures to correct the rule deficiencies, commit the state to submit them to the EPA by a date certain, and are clear and enforceable. Accordingly, we believe these commitment letters are consistent with CAA requirements regarding conditional approval for the [[Page 54312]] 2006 and 2015 RACT SIPs with respect to the rules cited above.\6\ See CAA section 110(k)(4). --------------------------------------------------------------------------- \5\ Letters from Brad Poiriez, Mojave Desert Air Quality Management District (MDAQMD) to Alexis Strauss, U.S. Environmental Protection Agency (EPA) and Richard Corey, California Air Resources Board (CARB), dated September 25 and September 27, 2017. Letter from Jon Taylor, CARB, to Alexis Strauss, EPA, dated October 3, 2017. \6\ We note that the District has begun acting on its commitment. MDAQMD has drafted revisions to Rules 461, 462, 463 and 1115 and is in the process of responding to EPA's comments on the preliminary draft amendments. --------------------------------------------------------------------------- Where there are no existing sources covered by a particular CTG document, states may, in lieu of adopting RACT requirements for those sources, adopt negative declarations certifying that there are no such sources in the relevant nonattainment area. On September 9, 2015, CARB submitted for SIP inclusion MDAQMD's negative declarations for 19 CTG source categories. The District certified that it examined its permit files, emissions inventory and other documentation and determined that there are no sources in the CTG source categories listed in Table 2.\7\ The District adopted the negative declarations on February 23, 2015, after reasonable notice and public comment.\8\ We searched CARB's emissions inventory database and verified that there did not appear to be facilities in the MDAQMD that might be subject to the 19 CTG categories. We conclude that these negative declarations are consistent with the relevant policy and guidance regarding RACT. The TSDs for today's action have more information on our evaluation. --------------------------------------------------------------------------- \7\ Mojave Desert Air Quality Management District Federal Negative Declaration (8 hr Ozone Standard) for Nineteen CTG Categories, signed by Eldon Heaston, Executive Officer, signed on January 13, 2015, and Board adopted on February 23, 2015. \8\ See Resolution 15-03; February 23, 2015. \9\ The District also lists ``Protocol for Determining the Daily VOC Emission Rate of Automobile and Light-Duty Truck Primer-Surfacer and Topcoat Operations (EPA 453/R-08-002, 09/08),'' however, this document is not a CTG. \10\ The District also lists ``Control Techniques for VOC Emissions from Stationary Sources: Industrial Manufacturing Processes (EPA-453/R-92-018, 12/92, NTIS PB-93-150-258),'' however, this is not a CTG document. Table 2--Negative Declarations ------------------------------------------------------------------------ CTG source category CTG reference document ------------------------------------------------------------------------ Large Petroleum Dry Cleaners. EPA 450/3-82-009, 9/82 Control of VOC Emissions from Large Petroleum Dry Cleaners. Manufacture of High-Density EPA-450/3-83-008, 11/83 Control of Polyethylene, Polypropylene, Volatile Organic Compound Emissions from and Polystyrene Resins. Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins. Manufacture of Pneumatic EPA-450/2-78-030, Control of Volatile Rubber Tires. Organic Emissions from Manufacture of Pneumatic Rubber Tires. Surface Coating of Cans...... EPA-450/2-77-008, 5/77 Control of Volatile Organic Emissions from Existing Stationary Sources--Vol. II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks. Surface Coating of Coils..... EPA-450/2-77-008, 5/77 Control of Volatile Organic Emissions from Existing Stationary Sources--Vol. II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks. Surface Coating Operations at EPA 453/R-08-006, 09/08, Control Automotive and Light Duty Technique Guidelines for Automobile and Truck Assembly Plants. Light-Duty Truck Assembly Coatings.\9\ EPA-450/2-77-008, 5/77 Control of Volatile Organic Emissions from Existing Stationary Sources--Vol. II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks. Large Appliances, Surface EPA-450/2-77-034, 12/77 Control of Coatings. Volatile Organic Emissions from Existing Stationary Sources--Volume V: Surface Coating of Large Appliances. EPA 453/R-07-004, 09/07, Control Techniques Guidelines for Large Appliance Coatings. Surface Coating of Magnet EPA-450/2-77-033, 12/77 Control of Wire. Volatile Organic Emissions from Existing Stationary Sources, Volume IV: Surface Coating of Insulation of Magnet Wire. Vacuum Producing Devices or EPA-450/2-77-025, 10/77 Control of Systems. Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds. Leaks from Petroleum Refinery EPA-450/2-77-025, 10/77 Control of Equipment. Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds. Process Unit Turnarounds..... EPA-450/2-77-025, 10/77 Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds. Equipment Leaks from Natural EPA-450/3-83-007,12/83 Control of Gas/Gasoline Processing Volatile Organic Compound Equipment Plants. Leaks from Natural Gas/Gasoline Processing Plants. Manufacture of Synthesized EPA-450/2-78-029, 12/78 Control of Pharmaceutical Products. Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products.\10\ Air Oxidation Processes EPA-450/3-84-015, 12/84 Control of (SOCMI). Volatile Organic Compound Emissions from Air Oxidation Process in Synthetic Organic Chemical Manufacturing Industry (SOCMI). Reactor and Distillation EPA-450/4-91-031, 08/93 Control of Processes (SOCMI). Volatile Organic Compound Emissions from Reactor Process and Distillation Operations in SOCMI. Equipment used in Synthetic EPA-450/3-83-006, 03/84 Control of Organic Chemical Polymers Volatile Organic Compound Leaks from and Resin Manufacturing. Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment. Leaks from Petroleum Refinery EPA-450/2-78-036, 06/78 Control of Equipment. Volatile Organic Compound Leaks from Petroleum Refinery Equipment. Metal Furniture Coating...... EPA-450/2-77-032, 12/77 Control of Volatile Organic Emissions from Existing Stationary Sources--Volume III: Surface Coating of Metal Furniture. EPA 453/R-07-005, 09/07 Control Techniques Guidelines for Metal Furniture Coatings. Flat Wood Paneling........... EPA-450/2-78-032, 06/78 Control of Volatile Organic Emissions from Existing Stationary Sources--Volume VII: Factory Surface Coating of Flat Wood Paneling. EPA-453/R-06-004, 09/06 Control Techniques Guidelines for Flat Wood Paneling Coatings. ------------------------------------------------------------------------ Accordingly, the District's 2006 and 2015 RACT SIP submittals satisfy the CAA section 182 RACT requirements, with the exception of the rules identified above, which the District has either already corrected, or has committed to correct. [[Page 54313]] Our 2006 and 2015 RACT SIP TSDs have more information on our evaluation. C. EPA Recommendations To Further Improve the RACT SIPs The 2015 RACT SIP TSD describes recommendations if additional emission reductions are needed for the next time the local agency modifies its rules. D. Public Comment and Proposed Action If a portion of a plan revision meets all the applicable CAA requirements, section 110(k)(3) authorizes the EPA to approve the plan revision in part. 42 U.S.C. 7410(k)(3). In addition, section 110(k)(4) authorizes the EPA to conditionally approve a plan revision based on a commitment by the state to adopt specific enforceable measures by a date certain but not later than one year after the date of the plan approval. 42 U.S.C. 7410(k)(4). In this instance, the enforceable measures that the state must submit are new or revised rules that correct the rule deficiencies identified above. On October 3, 2017, the state transmitted a commitment letter dated September 25, 2017 from the MDAQMD to adopt and transmit rules or rule revisions to the state that correct the deficiencies identified in Rule 461, Gasoline Transfer and Dispensing; Rule 462, Organic Liquid Loading; Rule 463, Storage of Organic Liquids; Rule 1104, Organic Solvent Degreasing; Rule 1114, Wood Products Coating Operations; Rule 1115, Metal Parts and Product Coating Operations; Rule 1157, Boilers and Process Heaters; Rule 1160, Internal Combustion Engines; Rule 1161, Portland Cement Kilns; and Rule 1162, Polyester Resin Operations no later than December 31, 2018. The state also transmitted a second commitment letter from MDAQMD dated September 27, 2017 to adopt and transmit revised Rule 1104, Organic Solvent Degreasing and Rule 1162, Polyester Resin Operations no later than December 31, 2018. The state's transmittal letter commits the state to submit to the EPA these rules no later than January 31, 2019. If the MDAQMD or the state fail to comply with this commitment, this proposed conditional approval would convert to a disapproval and start an 18-month clock for sanctions under CAA section 179(a)(2) and a two-year clock for a federal implementation plan under CAA section 110(c)(1). As authorized in section 110(k)(3) and (4) of the Act, the EPA proposes to partially conditionally approve MDAQMD's 2006 and 2015 RACT SIPs with respect to Rule 461, Gasoline Transfer and Dispensing; Rule 462, Organic Liquid Loading; Rule 463, Storage of Organic Liquids; Rule 1104, Organic Solvent Degreasing; Rule 1114, Wood Products Coating Operations; Rule 1115, Metal Parts and Product Coating Operations; Rule 1157, Boilers and Process Heaters; Rule 1160, Internal Combustion Engines; Rule 1161, Portland Cement Kilns; and Rule 1162, Polyester Resin Operations. Simultaneously, EPA proposes to partially approve the remainder of MDAQMD's 2006 and 2015 RACT SIPs, and to fully approve MDAQMD's negative declarations, submitted on September 9, 2015. We will accept comments from the public on this proposal until December 18, 2017. If we take final action to approve the submitted documents, our final action will incorporate these documents into the SIP. III. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review. B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs This action is not an Executive Order 13771 regulatory action because actions such as SIP approvals are exempted under Executive Order 12866. C. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the PRA because this action does not impose additional requirements beyond those imposed by state law. D. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities beyond those imposed by state law. E. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. This action does not impose additional requirements beyond those imposed by state law. Accordingly, no additional costs to state, local, or tribal governments, or to the private sector, will result from this action. F. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. G. Executive Order 13175: Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175, because the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and will not impose substantial direct costs on tribal governments or preempt tribal law. Thus, Executive Order 13175 does not apply to this action. H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ``covered regulatory action'' in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not impose additional requirements beyond those imposed by state law. I. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. J. National Technology Transfer and Advancement Act (NTTAA) Section 12(d) of the NTTAA directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. The EPA believes that this action is not subject to the requirements of section 12(d) of the NTTAA because [[Page 54314]] application of those requirements would be inconsistent with the CAA. K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Population The EPA lacks the discretionary authority to address environmental justice in this rulemaking. 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: November 6, 2017. Alexis Strauss, Acting Regional Administrator, Region IX. [FR Doc. 2017-25017 Filed 11-16-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Proposed Rules 54309
categories, lowers the VOC content limit INFORMATION CONTACT section of this tribe has jurisdiction. In those areas of
of other specialty coating categories, and preamble for more information). Indian country, the rule does not have
lowers the VOC content limit for tribal implications and will not impose
IV. Statutory and Executive Order
solvents used for surface preparation. substantial direct costs on tribal
Reviews
Under the District’s October 23, 2006 governments or preempt tribal law as
SIP-approved rule, some of these new Under the Clean Air Act, the specified by Executive Order 13175 (65
specialty coating categories such as Administrator is required to approve a FR 67249, November 9, 2000).
Topcoats, Pleasure Craft, One SIP submission that complies with the
Component, and Two Component, provisions of the Act and applicable List of Subjects in 40 CFR Part 52
would have been covered under the federal regulations. 42 U.S.C. 7410(k); Environmental protection, Air
‘‘General Use’’ category and been 40 CFR 52.02(a). Thus, in reviewing SIP pollution control, Incorporation by
subject to a more stringent VOC limit submissions, the EPA’s role is to reference Intergovernmental relations,
when compared to the October 24, 2016 approve state choices, provided that Ozone, Reporting and recordkeeping
amended rule. The EPA reviewed the they meet the criteria of the Clean Air requirements, Volatile organic
potential gross emissions increase Act. Accordingly, this proposed action compounds.
associated with the new specialty merely proposes to approve state law as Authority: 42 U.S.C. 7401 et seq.
coating limits and estimates that total meeting federal requirements and does
not impose additional requirements Dated: November 6, 2017.
VOC emissions associated with these
coatings may increase by approximately beyond those imposed by state law. For Alexis Strauss,
250 pounds per year or approximately that reason, this proposed action: Acting Regional Administrator, Region IX.
0.001% of MDAQMD’s VOC inventory. • Is not a ‘‘significant regulatory [FR Doc. 2017–25015 Filed 11–16–17; 8:45 am]
We conclude that this is a negligible action’’ subject to review by the Office BILLING CODE 6560–50–P
increase and would not impact of Management and Budget under
attainment. Because the potential gross Executive Orders 12866 (58 FR 51735,
increase is minimal, we have not October 4, 1993) and 13563 (76 FR 3821, ENVIRONMENTAL PROTECTION
calculated the net impact of the rule January 21, 2011); AGENCY
revisions, including the emission • does not impose an information
reductions from strengthened limits. collection burden under the provisions 40 CFR Part 52
Our evaluation shows this rule is of the Paperwork Reduction Act (44 [EPA–R09–OAR–2017–0564; FRL–9970–87–
consistent with CAA requirements and U.S.C. 3501 et seq.); Region 9]
relevant guidance regarding • is certified as not having a
enforceability, RACT, and SIP revisions. significant economic impact on a Approval of California Air Plan
The TSD has more information on our substantial number of small entities Revisions, Mojave Desert Air Quality
evaluation. under the Regulatory Flexibility Act (5 Management District
U.S.C. 601 et seq.);
C. EPA Recommendations To Further • does not contain any unfunded AGENCY: Environmental Protection
Improve the Rule mandate or significantly or uniquely Agency (EPA).
The TSD describes additional rule affect small governments, as described ACTION: Proposed rule.
revisions that we recommend for the in the Unfunded Mandates Reform Act SUMMARY: The Environmental Protection
next time the local agency modifies the of 1995 (Public Law 104–4); Agency (EPA) is proposing to approve
rule. • does not have Federalism
and conditionally approve revisions to
implications as specified in Executive
D. Public Comment and Proposed the Mojave Desert Air Quality
Order 13132 (64 FR 43255, August 10,
Action Management District (MDAQMD or
1999);
• is not an economically significant ‘‘District’’) portion of the California
As authorized in section 110(k)(3) of
regulatory action based on health or State Implementation Plan (SIP). These
the Act, the EPA proposes to fully
safety risks subject to Executive Order revisions concern the District’s
approve the submitted rule because we
13045 (62 FR 19885, April 23, 1997); demonstration regarding Reasonably
believe it fulfills all relevant
• is not a significant regulatory action Available Control Technology (RACT)
requirements. We will accept comments
subject to Executive Order 13211 (66 FR requirements for the 1997 8-hour ozone
from the public on this proposal until
28355, May 22, 2001); and the 2008 8-hour ozone National
December 18, 2017. If we take final
action to approve the submitted rule our • is not subject to requirements of Ambient Air Quality Standards
Section 12(d) of the National (NAAQS or ‘‘standard’’) in the portion
final action will incorporate this rule
Technology Transfer and Advancement of the Western Mojave Desert ozone
into the federally enforceable SIP.
Act of 1995 (15 U.S.C. 272 note) because nonattainment area under the
III. Incorporation by Reference application of those requirements would jurisdiction of the MDAQMD. The EPA
In this rule, the EPA is proposing to be inconsistent with the Clean Air Act; is also proposing to approve MDAQMD
include in a final EPA rule regulatory and negative declarations into the SIP for the
text that includes incorporation by • does not provide the EPA with the 2008 ozone standards. We are proposing
reference. In accordance with discretionary authority to address action on local SIP revisions under the
requirements of 1 CFR 51.5, the EPA is disproportionate human health or Clean Air Act (CAA or Act). We are
rmajette on DSKBCKNHB2PROD with PROPOSALS
proposing to incorporate by reference environmental effects with practical, taking comments on this proposal and
the MDAQMD rule described in Table 1 appropriate, and legally permissible plan to follow with a final action.
of this preamble. The EPA has made, methods under Executive Order 12898 DATES: Any comments must arrive by
and will continue to make, these (59 FR 7629, February 16, 1994). December 18, 2017.
materials available through In addition, the SIP is not approved to ADDRESSES: Submit your comments,
www.regulations.gov and at the EPA apply on any Indian reservation land or identified by Docket ID No. EPA–R09–
Region IX Office (please contact the in any other area where the EPA or an OAR–2017–0564 at https://
person identified in the FOR FURTHER Indian tribe has demonstrated that a www.regulations.gov/, or via email to
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![54314 Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Proposed Rules
application of those requirements would importation regulations found at 42 CFR ACTION:Notice of proposed rulemaking;
be inconsistent with the CAA. part 71. The ANPRM had a 60-day withdrawal.
comment period. On October 1, 2007,
K. Executive Order 12898: Federal SUMMARY: The Centers for Disease
HHS/CDC published another notice (72
Actions To Address Environmental Control and Prevention (CDC), located
FR 55729) that extended the public
Justice in Minority Populations and within the Department of Health and
comment period to December 1, 2007.
Low-Income Population In response to the ANPRM, HHS/CDC Human Services (HHS) announces the
The EPA lacks the discretionary received 20 public comments including withdrawal of its 2015 notice of
authority to address environmental from individuals, organizations, three proposed rulemaking (NPRM). The 2015
justice in this rulemaking. animal-rescue advocacy groups, one NPRM proposed to add certain
private pet business, and one state influenza virus strains to the list of HHS
List of Subjects in 40 CFR Part 52 select agents and toxins.
government entity. Some commenters
Environmental protection, Air asserted that the current regulations fail DATES: The proposed rule published on
pollution control, Incorporation by to take into account the increasing July 16, 2015 (80 FR 42079), is
reference, Intergovernmental relations, volume of animal imports and new withdrawn as of November 17, 2017.
Nitrogen dioxide, Ozone, Reporting and threats to human health and safety FOR FURTHER INFORMATION CONTACT:
recordkeeping requirements, Volatile posed by these imports. Other Samuel S. Edwin, Director, Division of
organic compounds. commenters asserted that the same rules Select Agents and Toxins, Centers for
Authority: 42 U.S.C. 7401 et seq. and fees applicable to commercial Disease Control and Prevention, 1600
importers should be extended to non- Clifton Road NE., MS–A46, Atlanta, GA
Dated: November 6, 2017.
profit animal shelters, rescue groups, 30329. Telephone: (404) 718–2000.
Alexis Strauss,
and animal sanctuaries that effectively SUPPLEMENTARY INFORMATION: On July
Acting Regional Administrator, Region IX. function as pet stores. The topics that 16, 2015, HHS/CDC published a
[FR Doc. 2017–25017 Filed 11–16–17; 8:45 am] received the most comments were proposed rule (80 FR 42079) to add
BILLING CODE 6560–50–P changing the rabies regimen and certain influenza virus strains to the list
requiring health certificate and unique of HHS select agents and toxins.
identifiers for dogs, cats, and ferrets; Specifically, HHS/CDC proposed to add
DEPARTMENT OF HEALTH AND and other strategies for preventing the the influenza viruses that contain the
HUMAN SERVICES introduction, spread, and transmission hemagglutinin (HA) from the Goose
of zoonotic disease in the United States. Guangdong/1/96 lineage (the influenza
42 CFR Part 71 HHS/CDC believes the public interest viruses that contain the hemagglutinin
RIN 0920–AA14
is best served by withdrawing the (HA) from the A/Gs/Gd/1/96 lineage),
ANPRM identified in this document including wild-type viruses as a non-
Foreign Quarantine Regulations, from rulemaking. The withdrawal of the Tier 1 select agent. HHS/CDC also
Proposed Revision of HHS/CDC ANPRM identified in this document proposed to add any influenza viruses
Animal Importation Regulations does not preclude HHS/CDC from that contain the HA from the A/Gs/Gd/
initiating future rulemaking to prevent 1/96 lineage that were made
AGENCY: Centers for Disease Control and the introduction, transmission, or transmissible among mammals by
Prevention (CDC), Department of Health spread of communicable diseases from respiratory droplets in a laboratory as a
and Human Services (HHS). foreign countries into the United States Tier 1 select agent.
ACTION: Advance notice of proposed and from one State or possession into In response to the NPRM, HHS/CDC
rulemaking; withdrawal. another. received 24 comments from industry,
The ANPRM published on July 31, academic institutions, professional
SUMMARY: The Centers for Disease 2007 (72 FR 41676), is hereby
Control and Prevention (CDC), located organizations, and the public.
withdrawn. Commenters expressed concern about
within the Department of Health and
Dated: November 13, 2017. balancing the risk of impeding research
Human Services (HHS) announces the
withdrawal of its 2007 advance notice of Eric D. Hargan, against the risk of an accidental
proposed rulemaking (ANPRM). The Acting Secretary, Department of Health and laboratory incident or act of terrorism.
2007 ANPRM was issued to begin the Human Services. Other commenters were concerned that
process of revising the regulations [FR Doc. 2017–24951 Filed 11–16–17; 8:45 am] regulation might further limit the ability
concerning importation of animals and BILLING CODE 4163–18–P of veterinarians, researchers, and
animal products. farmers to identify and respond to
influenza outbreaks. Finally, some
DATES: As of November 17, 2017, the
DEPARTMENT OF HEALTH AND commenters pointed out that highly
ANPRM published on July 31, 2007, at HUMAN SERVICES pathogenic avian influenza viruses are
72 FR 41676, is withdrawn. already regulated as a Department of
FOR FURTHER INFORMATION CONTACT: 42 CFR Part 73 Agriculture/Animal and Plant Health
Anne E. O’Connor, M.S., MT(ASCP), [Docket No. CDC–2015–0050] Inspection Service (USDA/APHIS)
Office of the Chief of Staff, Centers for select agent. HHS/CDC agreed with the
Disease Control and Prevention, 1600 RIN 0920–AA58 commenters. Since the publication of
rmajette on DSKBCKNHB2PROD with PROPOSALS
Clifton Road NE., MS–A14, Atlanta, GA the NPRM, the U.S. Government has put
30329; email: cdcregulations@cdc.gov. Possession, Use, and Transfer of
in place additional controls regarding
Select Agents and Toxins; Addition of
SUPPLEMENTARY INFORMATION: On July the funding and approval of dual use
Certain Influenza Virus Strains to the
31, 2007, HHS/CDC published an research. In addition, HHS/CDC has
List of Select Agents and Toxins
advance notice of proposed rulemaking worked with USDA/APHIS to ensure
(72 FR 41679) requesting input and AGENCY: Centers for Disease Control and that biosafety and biosecurity protocols/
background information from the public Prevention (CDC), Department of Health measures are in place for regulated
on revisions to HHS/CDC’s animal and Human Services (HHS). entities working with highly pathogenic
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Document Created: 2017-11-17 05:14:34
Document Modified: 2017-11-17 05:14:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Any comments must arrive by December 18, 2017. | |
| Contact | Nancy Levin, EPA Region IX, (415) 942- 3848, [email protected] | |
| FR Citation | 82 FR 54309 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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