82 FR 57123 - Approval of California Air Plan Revisions, Sacramento Metropolitan Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 231 (December 4, 2017)

Page Range		57123-57125
FR Document		2017-25929

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Sacramento Metropolitan Air Quality Management District (SMAQMD) portion of the California State Implementation Plan (SIP). This revision concerns volatile organic compound (VOC) emissions from Organic Chemical Manufacturing Operations. We are proposing to simultaneously approve a local rule and a rule rescission to regulate these emission sources under the Clean Air Act (CAA or the Act).

Federal Register, Volume 82 Issue 231 (Monday, December 4, 2017)

[Federal Register Volume 82, Number 231 (Monday, December 4, 2017)]
[Rules and Regulations]
[Pages 57123-57125]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25929]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0740; FRL-9970-93-Region 9]


Approval of California Air Plan Revisions, Sacramento 
Metropolitan Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the Sacramento Metropolitan Air Quality 
Management District (SMAQMD) portion of the California State 
Implementation Plan (SIP). This revision concerns volatile organic 
compound (VOC) emissions from Organic Chemical Manufacturing 
Operations. We are proposing to simultaneously approve a local rule and 
a rule rescission to regulate these emission sources under the Clean 
Air Act (CAA or the Act).

DATES: This rule is effective on January 3, 2018.

[[Page 57124]]


ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2016-0740. 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 (CBI) 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: Arnold Lazarus, EPA Region IX, (415) 
972-3024, [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. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On January 15, 2016 (81 FR 2136) the EPA proposed to partially 
approve and partially disapprove SMAQMD's SIP revision to address 
Reasonably Available Control Technology (RACT) requirements for the 
1997 8-hour ozone National Ambient Air Quality Standards (NAAQS) based 
in part on our conclusion that the submittal did not satisfy the CAA 
section 182 requirements for RACT pertaining to pharmaceutical 
manufacturing operations. On August 12, 2016 we finalized our partial 
approval and partial disapproval and stated that sanctions would be 
imposed under CAA section 179 and 40 CFR 52.31 unless the EPA approved 
SIP revisions correcting this deficiency within 18 months of the 
effective date of our final rulemaking action.
    On April 28, 2106 the SMAQMD repealed Rule 455, Pharmaceutical 
Manufacturing, and amended Rule 464, Organic Chemical Manufacturing 
Operations, to address the VOC RACT deficiencies. On August 22, 2016 
the California Air Resources Board submitted these rules to the EPA for 
SIP approval and the EPA proposed to approve them into the California 
SIP on July 19, 2017 (82 FR 33030). Table 1 below summarizes the 
submittal timeline.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
       Local agency           Rule No.           Rule title           Amended        Repealed        Submitted
----------------------------------------------------------------------------------------------------------------
SMAQMD...................             455  Pharmaceuticals        ..............         4/28/16         8/22/16
                                            Manufacturing.
SMAQMD...................             464  Organic Chemical              4/28/16  ..............         8/22/16
                                            Manufacturing
                                            Operations.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these revisions because we determined that 
they correct the identified RACT deficiencies for the pharmaceuticals 
manufacturing category and comply with the relevant CAA requirements. 
Our proposed action contains more information on the rule and our 
evaluation.

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 section 
110(k)(3) of the Act, the EPA is fully approving Rule 464 and 
rescinding Rule 455. Please see the docket for a copy of the complete 
submitted documents. Final approval satisfies California's obligation, 
under CAA section 182 for the 1997 8-hour ozone NAAQS, to implement 
RACT in the SMAQMD for the following control techniques guidelines VOC 
categories:
    a. ``Control of Volatile Organic Compound Emissions from Reactor 
Processes and Distillation Operations Processes in the Synthetic 
Organic Chemical Manufacturing Industry,'' EPA-450/4-91-031, August 
1993.
    b. ``Control of Volatile Organic Compound Emissions from 
Manufacture of Synthesized Pharmaceutical Products,'' EPA-450/2-78-029, 
December 1978.
    Our August 12, 2016 partial disapproval of SMAQMD's RACT SIP 
demonstration for the 1997 NAAQS also stated that a SIP submittal in 
the form of a rule or permit provision was required to implement VOC 
RACT for the Kiefer Landfill, a major VOC source. We are taking a 
separate action elsewhere in today's Federal Register to fully approve 
into the SIP operating permits for landfill gas flaring at the Kiefer 
Landfill. Our final approval of both the Kiefer Landfill operating 
permits and Rule 464 will terminate both the sanctions clocks and the 
federal implementation plan clock associated with our August 12, 2016 
partial disapproval of SMAQMD's RACT SIP.

IV. Incorporation by Reference

    In this rule the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
SMAQMD rules described in the amendments to 40 CFR part 52 set forth 
below. The EPA has made, and will continue to make, these documents 
available through www.regulations.gov and at the EPA Region IX Office 
(please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section of this preamble for more information).

V. 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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

[[Page 57125]]

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 (Public Law 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 February 2, 2018. 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, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: November 6, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.

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

PART 52--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)(154)(iii)(D) and 
(c)(488)(i)(C) to read as follows:


Sec.  52.220   Identification of plan-in part.

* * * * *
    (c) * * *
    (154) * * *
    (iii) * * *
    (D) Rule 455, previously approved on January 24, 1985 in paragraph 
(c)(154)(iii)(B) of this section, is deleted with replacement in 
(c)(488)(i)(C)(1).
* * * * *
    (488) * * *
    (i) * * *
    (C) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 464, ``Organic Chemical Manufacturing Operations,'' 
amended on April 28, 2016.
* * * * *
[FR Doc. 2017-25929 Filed 12-1-17; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Rules and Regulations 57123

J. Preemption PART 1112—REQUIREMENTS phone: 610–832–9585; http://
Section 26(a) of the CPSA, 15 U.S.C. PERTAINING TO THIRD PARTY www.astm.org/. You may inspect a copy
2075(a), provides that where a CONFORMITY ASSESSMENT BODIES at the Office of the Secretary, U.S.
‘‘consumer product safety standard Consumer Product Safety Commission,
under [the CPSA)]’’ is in effect and ■ 1. The authority citation for part 1112 Room 820, 4330 East West Highway,
applies to a product, no state or political continues to read as follows: Bethesda, MD 20814, telephone 301–
subdivision of a state may either Authority: 15 U.S.C. 2063; Pub. L. 110– 504–7923, or at the National Archives
establish or continue in effect a 314, section 3, 122 Stat. 3016, 3017 (2008). and Records Administration (NARA).
requirement dealing with the same risk For information on the availability of
■ 2. Amend § 1112.15 by:
of injury, unless the state requirement is this material at NARA, call 202–741–
■ a. Revising the introductory text to
identical to the federal standard. Section 6030, or go to: http://www.archives.gov/
paragraph (b)(32);
26(c) of the CPSA also provides that federal_register/code_of_
■ b. Revising paragraph (b)(32)(ii); and
states or political subdivisions of states federalregulations/ibr_locations.html.
■ c. Revising paragraph (c)(1)(ii).
may apply to the Commission for an The revisions read as follows: * * * * *
exemption from this preemption under (c) Instead of complying with section
certain circumstances. § 1112.15 When can a third party 8.20.1.5(5) of ASTM F963–17, comply
Section 106(f) of the CPSIA states that conformity assessment body apply for with the following:
rules issued under that section ‘‘shall be CPSC acceptance for a particular CPSC rule (1) Floor and tabletop toys that move,
or test method?
considered consumer product safety where the sound is caused as a result of
standards issued by the Commission * * * * * the movement imparted on the toy (for
under section of the Consumer Product (b) * * * example, a noise making mechanism
Safety Act’’ thus, implying that the (32) 16 CFR part 1250, safety standard attached to an axle of a toy vehicle)
preemptive effect of section 26(a) of the for toys. The CPSC only requires certain shall be tested using the method for
CPSA would apply. Therefore, a rule provisions of ASTM F963–17 to be push and pull toys. In addition to the C-
issued under section 106 of the CPSIA subject to third party testing; and weighted peak measurement maximum
will invoke the preemptive effect of therefore, the CPSC only accepts the A-weighted sound pressure level,
section 26(a) of the CPSA when it accreditation of third party conformity LAFmax, shall be made and compared to
becomes effective. assessment bodies for testing under the the requirements of 4.5.1.2.
following toy safety standards: (2) [Reserved]
K. Effective Date * * * * *
Under the procedure set forth in Alberta E. Mills,
(ii) ASTM F963–17:
section 106(g) of the CPSIA, when Acting Secretary, U.S. Consumer Product
* * * * * Safety Commission.
ASTM revises ASTM F963, the revision (c) * * *
becomes the CPSC standard within 180 [FR Doc. 2017–26009 Filed 12–1–17; 8:45 am]
(1) * * *
days of notification to the Commission, (ii) ASTM F963–17, ‘‘Standard BILLING CODE 6355–01–P
unless the Commission determines that Consumer Safety Specification for Toy
the revision does not improve the safety Safety,’’ May 1, 2017.
of the product. In accordance with this ENVIRONMENTAL PROTECTION
* * * * *
provision, this rule establishes an AGENCY
effective date that is 180 days after we PART 1250—SAFETY STANDARD
received notification from ASTM of MANDATING ASTM F963 FOR TOYS 40 CFR Part 52
revisions to the standard. As discussed
in section F of this preamble, this is a ■ 3. The authority citation for part 1250 [EPA–R09–OAR–2016–0740; FRL–9970–93–
direct final rule. Unless we receive a Region 9]
continues to read as follows:
significant adverse comment within 30 Authority: Pub. L. 110–314, sec. 106, 122 Approval of California Air Plan
days, the rule will become effective on Stat. 3016 (August 14, 2008); Pub. L. 112–28, Revisions, Sacramento Metropolitan
February 28, 2018. Additionally, the 125 Stat. 273 (August 12, 2011). Air Quality Management District
effective date for the NOR is February ■ 4. Amend § 1250.2 by:
28, 2018, the same date that the ■ a. Revising paragraph (a); and AGENCY: Environmental Protection
provisions of ASTM F963–17 become ■ b. Adding paragraph (c). Agency (EPA).
effective. The revisions and additions read as ACTION: Final rule.
List of Subjects follows:
SUMMARY: The Environmental Protection
16 CFR Part 1112 § 1250.2 Requirements for toy safety. Agency (EPA) is taking final action to
Administrative practice and (a) Except as provided for in approve a revision to the Sacramento
procedure, Audit, Consumer protection, paragraphs (b) and (c) of this section, Metropolitan Air Quality Management
Incorporation by reference, Reporting toys must comply with the provisions of District (SMAQMD) portion of the
and recordkeeping requirements, Third ASTM F963–17, Standard Consumer California State Implementation Plan
party conformity assessment body. Safety Specification for Toy Safety, (SIP). This revision concerns volatile
approved May 1, 2017. The Director of organic compound (VOC) emissions
16 CFR Part 1250 the Federal Register approves the from Organic Chemical Manufacturing
Consumer protection, Imports, incorporation by reference listed in this Operations. We are proposing to
ethrower on DSK3G9T082PROD with RULES

Incorporation by reference, Infants and section in accordance with 5 U.S.C. simultaneously approve a local rule and
children, Law enforcement, Safety, 552(a) and 1 CFR part 51. You may a rule rescission to regulate these
Toys. obtain a copy of this ASTM standard emission sources under the Clean Air
For the reasons discussed in the from ASTM International, 100 Barr Act (CAA or the Act).
preamble, the Commission amends 16 Harbor Drive, P.O. Box C700, West DATES: This rule is effective on January
CFR chapter II, as follows: Conshohocken, PA 19428–2959 USA; 3, 2018.

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Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Rules and Regulations 57125

under the Regulatory Flexibility Act (5 Filing a petition for reconsideration by ENVIRONMENTAL PROTECTION
U.S.C. 601 et seq.); the Administrator of this final rule does AGENCY
• Does not contain any unfunded not affect the finality of this action for
mandate or significantly or uniquely the purposes of judicial review nor does 40 CFR Part 52
affect small governments, as described it extend the time within which a [EPA–R05–OAR–2017–0066; EPA–R05–
in the Unfunded Mandates Reform Act petition for judicial review may be filed, OAR–2017–0067; FRL–9960–05–Region 5]
of 1995 (Public Law 104–4); and shall not postpone the effectiveness
• Does not have Federalism Air Plan Approval; Minnesota and
of such rule or action. This action may
implications as specified in Executive Michigan; Regional Haze SIP; FIP for
not be challenged later in proceedings to
Order 13132 (64 FR 43255, August 10, Regional Haze; Final Action on
1999); enforce its requirements. (See section
Petitions for Reconsideration
• Is not an economically significant 307(b)(2).)
regulatory action based on health or AGENCY: Environmental Protection
List of Subjects in 40 CFR Part 52
safety risks subject to Executive Order Agency (EPA).
13045 (62 FR 19885, April 23, 1997); Environmental protection, Air ACTION: Notification of action denying
• Is not a significant regulatory action pollution control, Incorporation by petitions for reconsideration.
subject to Executive Order 13211 (66 FR reference, Intergovernmental relations,
28355, May 22, 2001); SUMMARY: The Environmental Protection
Ozone, Reporting and recordkeeping Agency (EPA) is providing notice of its
• Is not subject to requirements of requirements, Volatile organic
Section 12(d) of the National denials of petitions for reconsideration
compounds. of rules addressing regional haze
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because Dated: November 6, 2017. planning requirements for the States of
application of those requirements would Alexis Strauss, Michigan and Minnesota. Specifically,
be inconsistent with the Clean Air Act; on November 26, 2013, the United
Acting Regional Administrator, Region IX.
and States Steel Corporation (U.S. Steel)
• Does not provide the EPA with the Part 52, Chapter I, Title 40 of the Code petitioned EPA to reconsider and stay
discretionary authority to address, as of Federal Regulations is amended as the final rulemaking captioned
appropriate, disproportionate human follows: ‘‘Approval and Promulgation of Air
health or environmental effects, using Quality Implementation Plans; States of
practicable and legally permissible PART 52—APPROVAL AND Minnesota and Michigan; Regional Haze
methods, under Executive Order 12898 PROMULGATION OF State Implementation Plan; Federal
(59 FR 7629, February 16, 1994). IMPLEMENTATION PLANS Implementation Plan for Regional Haze’’
In addition, the SIP is not approved published on February 6, 2013, as well
to apply on any Indian reservation land as the final rulemaking captioned
■ 1. The authority citation for part 52
or in any other area where the EPA or ‘‘Approval and Promulgation of Air
continues to read as follows: Quality Implementation Plans; States of
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Authority: 42 U.S.C. 7401 et seq. Michigan and Minnesota; Regional
Indian country, the rule does not have Haze,’’ published on September 30,
Subpart F—California 2013. Further, on June 13, 2016, U.S.
tribal implications and will not impose
substantial direct costs on tribal Steel petitioned EPA to reconsider and
governments or preempt tribal law as ■ 2. Section 52.220 is amended by stay the final rulemaking captioned ‘‘Air
specified by Executive Order 13175 (65 adding paragraphs (c)(154)(iii)(D) and Plan Approval; Minnesota and
FR 67249, November 9, 2000). (c)(488)(i)(C) to read as follows: Michigan; Revision to 2013 Taconite
The Congressional Review Act, 5 Federal Implementation Plan
§ 52.220 Identification of plan-in part. Establishing BART for Taconite Plants,’’
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement * * * * * published on April 12, 2016. EPA has
Fairness Act of 1996, generally provides (c) * * * denied the petitions by final action
that before a rule may take effect, the signed January 18, 2017, for reasons that
(154) * * * EPA explains in the document denying
agency promulgating the rule must
submit a rule report, which includes a (iii) * * * U.S. Steel’s petitions.
copy of the rule, to each House of the (D) Rule 455, previously approved on DATES: December 4, 2017.
Congress and to the Comptroller General January 24, 1985 in paragraph ADDRESSES: EPA has established dockets
of the United States. The EPA will (c)(154)(iii)(B) of this section, is deleted for these actions under EPA–R05–OAR–
submit a report containing this action with replacement in (c)(488)(i)(C)(1). 2017–0066 for the Petition to
and other required information to the Reconsider the Original 2013 Taconite
* * * * *
U.S. Senate, the U.S. House of FIP and EPA–R05–OAR–2017–0067 for
Representatives, and the Comptroller (488) * * * the Petition to Reconsider the 2016
General of the United States prior to (i) * * * Revisions to the Taconite FIP. These
publication of the rule in the Federal (C) Sacramento Metropolitan Air dockets include the petitions for
Register. A major rule cannot take effect reconsideration, EPA’s response, and
Quality Management District.
until 60 days after it is published in the other related documents. All documents
Federal Register. This action is not a (1) Rule 464, ‘‘Organic Chemical are listed on the www.regulations.gov
Manufacturing Operations,’’ amended Web site. Although listed in the index,
ethrower on DSK3G9T082PROD with RULES

‘‘major rule’’ as defined by 5 U.S.C.
804(2). on April 28, 2016. some information is not publicly
Under section 307(b)(1) of the Clean * * * * * available, i.e., Confidential Business
Air Act, petitions for judicial review of [FR Doc. 2017–25929 Filed 12–1–17; 8:45 am] Information (CBI) or other information
this action must be filed in the United BILLING CODE 6560–50–P whose disclosure is restricted by statute.
States Court of Appeals for the Certain other material, such as
appropriate circuit by February 2, 2018. copyrighted material, is not placed on

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Document Created: 2017-12-02 00:40:51
Document Modified: 2017-12-02 00:40:51

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		Rules and Regulations
Action		Final rule.
Dates		This rule is effective on January 3, 2018.
Contact		Arnold Lazarus, EPA Region IX, (415) 972-3024, [email protected]
FR Citation		82 FR 57123
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds