83_FR_14821 83 FR 14754 - Approval of California Air Plan Revisions, Yolo-Solano Air Quality Management District

83 FR 14754 - Approval of California Air Plan Revisions, Yolo-Solano Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 67 (April 6, 2018)

Page Range14754-14756
FR Document2018-06795

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Yolo-Solano Air Quality Management District (YSAQMD or ``District'') portion of the California State Implementation Plan (SIP). This revision concerns the District's demonstration regarding Reasonably Available Control Technology (RACT) requirements for the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). The EPA is also taking final action to approve YSAQMD's negative declarations into the SIP for the 1997 8-hour ozone NAAQS. We are approving local SIP revisions under the Clean Air Act (CAA or the Act).

Federal Register, Volume 83 Issue 67 (Friday, April 6, 2018)
[Federal Register Volume 83, Number 67 (Friday, April 6, 2018)]
[Rules and Regulations]
[Pages 14754-14756]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06795]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2008-0612; FRL-9976-06-Region 9]


Approval of California Air Plan Revisions, Yolo-Solano 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 Yolo-Solano Air Quality Management 
District (YSAQMD or ``District'') portion of the California State 
Implementation Plan (SIP). This revision concerns the District's 
demonstration regarding Reasonably Available Control Technology (RACT) 
requirements for the 1997 8-hour ozone National Ambient Air Quality 
Standard (NAAQS). The EPA is also taking final action to approve 
YSAQMD's negative declarations into the SIP for the 1997 8-hour ozone 
NAAQS. We are approving local SIP revisions under the Clean Air Act 
(CAA or the Act).

DATES: This rule will be effective on May 7, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2008-0612. All documents in the docket are 
listed on the https://www.regulations.gov website. 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: Stanley Tong, EPA Region IX, (415) 
947-4122, [email protected].

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

Table of Contents

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

I. Proposed Action

    On January 8, 2018 (83 FR 764), the EPA proposed to approve the 
following documents submitted by the California Air Resources Board 
(CARB) into the California SIP.
---------------------------------------------------------------------------

    \1\ On December 22, 2017, CARB transmitted YSAQMD's public draft 
version of negative declarations for four Control Techniques 
Guidelines (CTG) documents along with a request for parallel 
processing. Under the EPA's parallel processing procedure, the EPA 
proposes rulemaking action concurrently with the state's proposed 
rulemaking. If the state's proposed rule is changed, the EPA will 
evaluate that subsequent change and may publish another notice of 
proposed rulemaking. If no significant change is made, the EPA will 
publish a final rulemaking on the rule after responding to any 
submitted comments. Final rulemaking action by the EPA will occur 
only after the rule has been fully adopted by California and 
submitted formally to the EPA for incorporation into the SIP. See 40 
CFR part 51, appendix V. The YSAQMD's Governing Board adopted the 
four negative declarations on January 10, 2018.

----------------------------------------------------------------------------------------------------------------
             Local agency                               Document                      Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
YSAQMD................................  Reasonably Available Control Technology        9/13/2006       1/31/2007
                                         (RACT) State Implementation Plan (SIP)
                                         (``2006 RACT SIP'').
YSAQMD................................  Adoption of Four Negative Declarations:    \1\ 1/10/2018       2/22/2018
                                         EPA 450/2-78-029--Control of Volatile
                                         Organic Emissions from Manufacture of
                                         Synthesized Pharmaceutical Products;
                                        EPA 453/R-96-007--Control of Volatile
                                         Organic Emissions from Wood Furniture
                                         Manufacturing Operations;
                                        EPA 450/3-84-015--Control of Volatile
                                         Organic Compound Emissions from Air
                                         Oxidation Processes in Synthetic
                                         Organic Chemical Manufacturing
                                         Industry; and
                                        EPA450/4-91-031--Control of Volatile
                                         Organic Compound Emissions from Reactor
                                         Processes and Distillation Operations
                                         in Synthetic Organic Chemical
                                         Manufacturing Industry.
----------------------------------------------------------------------------------------------------------------


[[Page 14755]]

    We had previously proposed to disapprove YSAQMD's 2006 RACT SIP,\2\ 
but withdrew that proposal \3\ because we found that the District has 
addressed the identified deficiencies by adopting approvable rules that 
implement RACT and by adopting negative declarations where the District 
concluded it had no sources subject to RACT recommendations in certain 
Control Techniques Guidelines (CTG) categories.
---------------------------------------------------------------------------

    \2\ See 73 FR 48166 (August 18, 2008).
    \3\ See 83 FR 764 (January 8, 2018).
---------------------------------------------------------------------------

    Our proposed rule also stated that we would not take final action 
until CARB submitted the four adopted negative declarations to the EPA 
as a SIP revision. On January 10, 2018, the YSAQMD held a public 
hearing and approved the four negative declarations and transmitted the 
approval package to CARB for adoption and submittal to the EPA. On 
February 22, 2018, the CARB Executive Officer adopted and submitted to 
the EPA for approval YSAQMD's negative declarations as a revision to 
the California SIP, thereby satisfying the prerequisite \4\ for final 
EPA action.
---------------------------------------------------------------------------

    \4\ As explained in our January 8, 2018 proposed rulemaking, the 
EPA is following established procedures for parallel processing that 
allows us to approve a state provision so long as it was adopted as 
proposed with no significant changes. YSAQMD adopted the four 
negative declarations, as proposed in its parallel processing 
request to the EPA, with no changes.
---------------------------------------------------------------------------

    On March 7, 2018, we found the negative declaration submittal met 
the completeness criteria in 40 CFR part 52, appendix V. Today, we take 
final action to approve the 2006 RACT SIP submitted on January 31, 
2007, and the four negative declarations submitted on February 22, 
2018.
    For more background information on the 2006 RACT SIP, four negative 
declarations and our evaluation of them for compliance with CAA 
requirements, please see our proposed rule and related technical 
support documents (TSDs).

II. Public Comments

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received two anonymous comments.\5\ The 
commenters raised issues that are outside of the scope of this 
rulemaking, including wildfire suppression, high-hazard potential dams, 
maintenance of dams to reduce chances of dam failure, and climate 
change. The EPA is required to approve a state submittal if the 
submittal meets all applicable requirements. 42 U.S.C. 7410(k)(3). The 
commenters did not raise any specific issues germane to the 
approvability of the YSAQMD's RACT SIP and negative declarations.
---------------------------------------------------------------------------

    \5\ Between 2008-2009, YSAQMD submitted three supplemental 
documents to partially address issues raised in the EPA's August 18, 
2008 proposed action (73 FR 48166). These supplemental documents are 
filed under ``comments'' in the docket at https://www.regulations.gov/docket?D=EPA-R09-OAR-2008-0612. Only two 
comments were received during the January-February 2018 public 
comment period.
---------------------------------------------------------------------------

III. EPA Action

    No comments were submitted that change our assessment of the SIP 
submittals as described in our January 8, 2018 proposed action. 
Therefore, as authorized in section 110(k)(3) of the Act, the EPA is 
fully approving YSAQMD's 2006 RACT SIP submitted on January 31, 2007, 
and four negative declarations submitted on February 22, 2018.

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);
     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 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 June 5, 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).)

[[Page 14756]]

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: March 16, 2018.
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)(358)(ii)(B) and 
(c)(501) to read as follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (358) * * *
    (ii) * * *
    (B) Yolo-Solano Air Quality Management District.
    (1) Reasonably Available Control Technology (RACT) State 
Implementation Plan (SIP), adopted on September 13, 2006.
* * * * *
    (501) The following plan revision was submitted on February 22, 
2018 by the Governor's designee.
    (i) [Reserved]
    (ii) Additional materials. (A) Yolo-Solano Air Quality Management 
District.
    (1) Adoption of Four Negative Declarations; Resolution No. 18-01 
adopted January 10, 2018.

0
3. Section 52.222 is amended by adding paragraph (a)(14) to read as 
follows:


Sec.  52.222  Negative declarations.

    (a) * * *
    (14) Yolo-Solano Air Quality Management District.
    (i) The following negative declarations are for the 1997 8-hour 
ozone NAAQS.

----------------------------------------------------------------------------------------------------------------
                                       Negative declaration CTG     Submitted 1/31/07,      Submitted 2/22/18,
        CTG source category               reference document          adopted 9/13/06         adopted 1/10/18
----------------------------------------------------------------------------------------------------------------
Aerospace..........................  EPA-453/R-97-004 Aerospace   X.....................  ......................
                                      Manufacturing and Rework
                                      Operations.
Ships..............................  61 FR 44050 Shipbuilding     X.....................  ......................
                                      and Ship Repair.
Metal Coil Container and Closure...  EPA-450/2-77-008 Surface     X.....................  ......................
                                      Coating of Cans, Coils,
                                      Paper, Fabrics,
                                      Automobiles, and Light-
                                      Duty Trucks.
Magnetic Wire......................  EPA-450/2-77-033 Surface     X.....................  ......................
                                      Coating of Insulation of
                                      Magnet Wire.
Natural Gas/Gasoline Processing      EPA-450/2-83-007 Equipment   X.....................  ......................
 Plants, Equipment Leaks.             Leaks from Natural Gas/
                                      Gasoline Processing Plants.
Refineries.........................  EPA-450/2-77-025 Refinery    X.....................  ......................
                                      Vacuum Producing Systems,
                                      Wastewater Separators, and
                                      Process Unit Turnarounds.
                                     EPA-450/2-78-036 VOC Leaks   X.....................  ......................
                                      from Petroleum Refinery
                                      Equipment.
Paper and Fabric...................  EPA-450/2-77-008 Surface     X.....................  ......................
                                      Coating of Cans, Coils,
                                      Paper, Fabrics,
                                      Automobiles, and Light-
                                      Duty Trucks.
Dry Cleaning.......................  EPA-450/3-82-009 Large       X.....................  ......................
                                      Petroleum Dry Cleaners.
Rubber Tires.......................  EPA-450/2-78-030             X.....................  ......................
                                      Manufacture of Pneumatic
                                      Rubber Tires.
Large Appliances, Surface Coating..  EPA-450/2-77-034 Surface     X.....................  ......................
                                      Coating of Large
                                      Appliances.
Wood Coating.......................  EPA-450/2-78-032 Factory     X.....................  ......................
                                      Surface of Flat Wood
                                      Paneling.
Polyester Resin....................  EPA-450/3-83-006 Fugitive    X.....................  ......................
                                      Emissions from Synthetic
                                      Organic Chemical Polymer
                                      and Resin Manufacturing
                                      Equipment.
                                     EPA-450/3-83-008             X.....................  ......................
                                      Manufacture of High-
                                      Density Polyethylene,
                                      Polypropylene, and
                                      Polystyrene Resins.
Pharmaceutical Products............  EPA-450/2-78-029--Control    ......................  X
                                      of Volatile Organic
                                      Emissions from Manufacture
                                      of Synthesized
                                      Pharmaceutical Products.
Wood Furniture Coating.............  EPA-453/R-96-007--Control    ......................  X
                                      of Volatile Organic
                                      Emissions from Wood
                                      Furniture Manufacturing
                                      Operations.
Synthetic Organic Chemical.........  EPA-450/3-84-015--Control    ......................  X
                                      of Volatile Organic
                                      Compound Emissions from
                                      Air Oxidation Processes in
                                      Synthetic Organic Chemical
                                      Manufacturing Industry.
                                     EPA-450/4-91-031--Control    ......................  X
                                      of Volatile Organic
                                      Compound Emissions from
                                      Reactor Processes and
                                      Distillation Operations in
                                      Synthetic Organic Chemical
                                      Manufacturing Industry.
----------------------------------------------------------------------------------------------------------------

    (ii) [Reserved]
* * * * *
[FR Doc. 2018-06795 Filed 4-5-18; 8:45 am]
BILLING CODE 6560-50-P



                                             14754                    Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Rules and Regulations

                                             PART 165—REGULATED NAVIGATION                             Port Buffalo or his on-scene                            declarations into the SIP for the 1997 8-
                                             AREAS AND LIMITED ACCESS AREAS                            representative may be contacted via                     hour ozone NAAQS. We are approving
                                                                                                       VHF Channel 16. Vessel operators given                  local SIP revisions under the Clean Air
                                             ■ 1. The authority citation for part 165                  permission to enter or operate in the                   Act (CAA or the Act).
                                             continues to read as follows:                             safety zone must comply with all                        DATES: This rule will be effective on
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;               directions given to them by the Captain                 May 7, 2018.
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                 of the Port Buffalo, or his on-scene                    ADDRESSES: The EPA has established a
                                             Department of Homeland Security Delegation                representative.                                         docket for this action under Docket ID
                                             No. 0170.1.
                                                                                                         Dated: April 3, 2018.                                 No. EPA–R09–OAR–2008–0612. All
                                             ■ 2. Add § 165.T09–0263 to read as                        Kenneth E. Blair,                                       documents in the docket are listed on
                                             follows:                                                  Commander, U.S. Coast Guard, Acting                     the https://www.regulations.gov
                                             § 165.T09–0263 Safety Zone; Pathfinder                    Captain of the Port Buffalo.                            website. Although listed in the index,
                                             Bank Fireworks Display; Oswego River,                     [FR Doc. 2018–07080 Filed 4–5–18; 8:45 am]              some information is not publicly
                                             Oswego, NY.                                               BILLING CODE 9110–04–P                                  available, e.g., Confidential Business
                                               (a) Location. The safety zone will                                                                              Information or other information whose
                                             encompass all waters of the Oswego                                                                                disclosure is restricted by statute.
                                             River; Oswego, NY contained within a                      ENVIRONMENTAL PROTECTION                                Certain other material, such as
                                             210-foot radius of: 43°27′34.10″ N,                       AGENCY                                                  copyrighted material, is not placed on
                                             076°30′39.50″ W.                                                                                                  the internet and will be publicly
                                               (b) Enforcement period. This                            40 CFR Part 52                                          available only in hard copy form.
                                             regulation will be enforced from 5:15                                                                             Publicly available docket materials are
                                                                                                       [EPA–R09–OAR–2008–0612; FRL–9976–06–                    available through https://
                                             p.m. until 11:15 p.m. on April 7, 2018.                   Region 9]
                                               (c) Regulations. (1) In accordance with                                                                         www.regulations.gov/, or please contact
                                             the general regulations in § 165.23 of                    Approval of California Air Plan                         the person identified in the FOR FURTHER
                                             this part, entry into, transiting, or                                                                             INFORMATION CONTACT section for
                                                                                                       Revisions, Yolo-Solano Air Quality
                                             anchoring within this safety zone is                      Management District                                     additional availability information.
                                             prohibited unless authorized by the                                                                               FOR FURTHER INFORMATION CONTACT:
                                             Captain of the Port Buffalo or his                        AGENCY:  Environmental Protection                       Stanley Tong, EPA Region IX, (415)
                                             designated on-scene representative.                       Agency (EPA).                                           947–4122, tong.stanley@epa.gov.
                                               (2) This safety zone is closed to all                   ACTION: Final rule.                                     SUPPLEMENTARY INFORMATION:
                                             vessel traffic, except as may be                                                                                  Throughout this document, ‘‘we,’’ ‘‘us’’
                                             permitted by the Captain of the Port                      SUMMARY:    The Environmental Protection
                                                                                                                                                               and ‘‘our’’ refer to the EPA.
                                             Buffalo or his designated on-scene                        Agency (EPA) is taking final action to
                                             representative.                                           approve a revision to the Yolo-Solano                   Table of Contents
                                               (3) The ‘‘on-scene representative’’ of                  Air Quality Management District                         I. Proposed Action
                                             the Captain of the Port Buffalo is any                    (YSAQMD or ‘‘District’’) portion of the                 II. Public Comments
                                             Coast Guard commissioned, warrant or                      California State Implementation Plan                    III. EPA Action
                                             petty officer who has been designated                     (SIP). This revision concerns the                       IV. Statutory and Executive Order Reviews
                                             by the Captain of the Port Buffalo to act                 District’s demonstration regarding
                                                                                                       Reasonably Available Control                            I. Proposed Action
                                             on his behalf.
                                               (4) Vessel operators desiring to enter                  Technology (RACT) requirements for                        On January 8, 2018 (83 FR 764), the
                                             or operate within the safety zone must                    the 1997 8-hour ozone National                          EPA proposed to approve the following
                                             contact the Captain of the Port Buffalo                   Ambient Air Quality Standard                            documents submitted by the California
                                             or his on-scene representative to obtain                  (NAAQS). The EPA is also taking final                   Air Resources Board (CARB) into the
                                             permission to do so. The Captain of the                   action to approve YSAQMD’s negative                     California SIP.

                                                     Local agency                                                        Document                                                 Adopted           Submitted

                                             YSAQMD ...........................   Reasonably Available Control Technology (RACT) State Implementation Plan                          9/13/2006          1/31/2007
                                                                                    (SIP) (‘‘2006 RACT SIP’’).
                                             YSAQMD ...........................   Adoption of Four Negative Declarations: EPA 450/2–78–029—Control of Volatile                    1 1/10/2018          2/22/2018
                                                                                    Organic Emissions from Manufacture of Synthesized Pharmaceutical Products;
                                                                                  EPA 453/R–96–007—Control of Volatile Organic Emissions from Wood Furniture
                                                                                    Manufacturing Operations;
                                                                                  EPA 450/3–84–015—Control of Volatile Organic Compound Emissions from Air
                                                                                    Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry;
                                                                                    and
                                                                                  EPA450/4–91–031—Control of Volatile Organic Compound Emissions from Re-
                                                                                    actor Processes and Distillation Operations in Synthetic Organic Chemical
                                                                                    Manufacturing Industry.
daltland on DSKBBV9HB2PROD with RULES




                                               1 On December 22, 2017, CARB transmitted                If the state’s proposed rule is changed, the EPA will   adopted by California and submitted formally to the
                                             YSAQMD’s public draft version of negative                 evaluate that subsequent change and may publish         EPA for incorporation into the SIP. See 40 CFR part
                                             declarations for four Control Techniques Guidelines       another notice of proposed rulemaking. If no            51, appendix V. The YSAQMD’s Governing Board
                                             (CTG) documents along with a request for parallel         significant change is made, the EPA will publish a      adopted the four negative declarations on January
                                             processing. Under the EPA’s parallel processing           final rulemaking on the rule after responding to any
                                                                                                                                                               10, 2018.
                                             procedure, the EPA proposes rulemaking action             submitted comments. Final rulemaking action by
                                             concurrently with the state’s proposed rulemaking.        the EPA will occur only after the rule has been fully



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                                                                   Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Rules and Regulations                                         14755

                                               We had previously proposed to                         chances of dam failure, and climate                   safety risks subject to Executive Order
                                             disapprove YSAQMD’s 2006 RACT                           change. The EPA is required to approve                13045 (62 FR 19885, April 23, 1997);
                                             SIP,2 but withdrew that proposal 3                      a state submittal if the submittal meets                 • Is not a significant regulatory action
                                             because we found that the District has                  all applicable requirements. 42 U.S.C.                subject to Executive Order 13211 (66 FR
                                             addressed the identified deficiencies by                7410(k)(3). The commenters did not                    28355, May 22, 2001);
                                             adopting approvable rules that                          raise any specific issues germane to the                 • Is not subject to requirements of
                                             implement RACT and by adopting                          approvability of the YSAQMD’s RACT                    Section 12(d) of the National
                                             negative declarations where the District                SIP and negative declarations.                        Technology Transfer and Advancement
                                             concluded it had no sources subject to                                                                        Act of 1995 (15 U.S.C. 272 note) because
                                                                                                     III. EPA Action
                                             RACT recommendations in certain                                                                               application of those requirements would
                                             Control Techniques Guidelines (CTG)                       No comments were submitted that                     be inconsistent with the Clean Air Act;
                                             categories.                                             change our assessment of the SIP                      and
                                               Our proposed rule also stated that we                 submittals as described in our January 8,
                                             would not take final action until CARB                  2018 proposed action. Therefore, as                      • Does not provide the EPA with the
                                             submitted the four adopted negative                     authorized in section 110(k)(3) of the                discretionary authority to address, as
                                             declarations to the EPA as a SIP                        Act, the EPA is fully approving                       appropriate, disproportionate human
                                             revision. On January 10, 2018, the                      YSAQMD’s 2006 RACT SIP submitted                      health or environmental effects, using
                                             YSAQMD held a public hearing and                        on January 31, 2007, and four negative                practicable and legally permissible
                                             approved the four negative declarations                 declarations submitted on February 22,                methods, under Executive Order 12898
                                             and transmitted the approval package to                 2018.                                                 (59 FR 7629, February 16, 1994).
                                             CARB for adoption and submittal to the                                                                           In addition, the SIP is not approved
                                                                                                     IV. Statutory and Executive Order                     to apply on any Indian reservation land
                                             EPA. On February 22, 2018, the CARB
                                                                                                     Reviews                                               or in any other area where the EPA or
                                             Executive Officer adopted and
                                             submitted to the EPA for approval                          Under the Clean Air Act, the                       an Indian tribe has demonstrated that a
                                             YSAQMD’s negative declarations as a                     Administrator is required to approve a                tribe has jurisdiction. In those areas of
                                             revision to the California SIP, thereby                 SIP submission that complies with the                 Indian country, the rule does not have
                                             satisfying the prerequisite 4 for final                 provisions of the Act and applicable                  tribal implications and will not impose
                                             EPA action.                                             Federal regulations. 42 U.S.C. 7410(k);               substantial direct costs on tribal
                                               On March 7, 2018, we found the                        40 CFR 52.02(a). Thus, in reviewing SIP               governments or preempt tribal law as
                                             negative declaration submittal met the                  submissions, the EPA’s role is to                     specified by Executive Order 13175 (65
                                             completeness criteria in 40 CFR part 52,                approve state choices, provided that                  FR 67249, November 9, 2000).
                                             appendix V. Today, we take final action                 they meet the criteria of the Clean Air                  The Congressional Review Act, 5
                                             to approve the 2006 RACT SIP                            Act. Accordingly, this action merely                  U.S.C. 801 et seq., as added by the Small
                                             submitted on January 31, 2007, and the                  approves state law as meeting Federal                 Business Regulatory Enforcement
                                             four negative declarations submitted on                 requirements and does not impose                      Fairness Act of 1996, generally provides
                                             February 22, 2018.                                      additional requirements beyond those                  that before a rule may take effect, the
                                               For more background information on                    imposed by state law. For that reason,                agency promulgating the rule must
                                             the 2006 RACT SIP, four negative                        this action:                                          submit a rule report, which includes a
                                             declarations and our evaluation of them                    • Is not a significant regulatory action           copy of the rule, to each House of the
                                             for compliance with CAA requirements,                   subject to review by the Office of                    Congress and to the Comptroller General
                                             please see our proposed rule and related                Management and Budget under                           of the United States. The EPA will
                                             technical support documents (TSDs).                     Executive Orders 12866 (58 FR 51735,                  submit a report containing this action
                                             II. Public Comments                                     October 4, 1993) and 13563 (76 FR 3821,               and other required information to the
                                                                                                     January 21, 2011);                                    U.S. Senate, the U.S. House of
                                                The EPA’s proposed action provided                      • Is not an Executive Order 13771 (82              Representatives, and the Comptroller
                                             a 30-day public comment period. During                  FR 9339, February 2, 2017) regulatory                 General of the United States prior to
                                             this period, we received two anonymous                  action because SIP approvals are                      publication of the rule in the Federal
                                             comments.5 The commenters raised                        exempted under Executive Order 12866;                 Register. A major rule cannot take effect
                                             issues that are outside of the scope of
                                                                                                        • Does not impose an information                   until 60 days after it is published in the
                                             this rulemaking, including wildfire                                                                           Federal Register. This action is not a
                                                                                                     collection burden under the provisions
                                             suppression, high-hazard potential                                                                            ‘‘major rule’’ as defined by 5 U.S.C.
                                                                                                     of the Paperwork Reduction Act (44
                                             dams, maintenance of dams to reduce                                                                           804(2).
                                                                                                     U.S.C. 3501 et seq.);
                                               2 See  73 FR 48166 (August 18, 2008).
                                                                                                        • Is certified as not having a                        Under section 307(b)(1) of the Clean
                                               3 See  83 FR 764 (January 8, 2018).                   significant economic impact on a                      Air Act, petitions for judicial review of
                                               4 As explained in our January 8, 2018 proposed        substantial number of small entities                  this action must be filed in the United
                                             rulemaking, the EPA is following established            under the Regulatory Flexibility Act (5               States Court of Appeals for the
                                             procedures for parallel processing that allows us to    U.S.C. 601 et seq.);                                  appropriate circuit by June 5, 2018.
                                             approve a state provision so long as it was adopted
                                             as proposed with no significant changes. YSAQMD
                                                                                                        • Does not contain any unfunded                    Filing a petition for reconsideration by
                                             adopted the four negative declarations, as proposed     mandate or significantly or uniquely                  the Administrator of this final rule does
                                             in its parallel processing request to the EPA, with     affect small governments, as described                not affect the finality of this action for
                                             no changes.                                             in the Unfunded Mandates Reform Act                   the purposes of judicial review nor does
                                               5 Between 2008–2009, YSAQMD submitted three
                                                                                                     of 1995 (Pub. L. 104–4);                              it extend the time within which a
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                                             supplemental documents to partially address issues
                                             raised in the EPA’s August 18, 2008 proposed               • Does not have Federalism                         petition for judicial review may be filed,
                                             action (73 FR 48166). These supplemental                implications as specified in Executive                and shall not postpone the effectiveness
                                             documents are filed under ‘‘comments’’ in the           Order 13132 (64 FR 43255, August 10,                  of such rule or action. This action may
                                             docket at https://www.regulations.gov/
                                             docket?D=EPA-R09-OAR-2008-0612. Only two
                                                                                                     1999);                                                not be challenged later in proceedings to
                                             comments were received during the January-                 • Is not an economically significant               enforce its requirements. (See section
                                             February 2018 public comment period.                    regulatory action based on health or                  307(b)(2).)


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                                             14756                        Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Rules and Regulations

                                             List of Subjects in 40 CFR Part 52                                        Authority: 42 U.S.C. 7401 et seq.                        (501) The following plan revision was
                                                                                                                                                                              submitted on February 22, 2018 by the
                                               Environmental protection, Air                                       Subpart F—California                                       Governor’s designee.
                                             pollution control, Incorporation by                                                                                                (i) [Reserved]
                                             reference, Intergovernmental relations,                               ■ 2. Section 52.220 is amended by                            (ii) Additional materials. (A) Yolo-
                                             Nitrogen dioxide, Ozone, Reporting and                                adding paragraphs (c)(358)(ii)(B) and                      Solano Air Quality Management
                                             recordkeeping requirements, Volatile                                  (c)(501) to read as follows:                               District.
                                             organic compounds.
                                                                                                                   § 52.220     Identification of plan—in part.                 (1) Adoption of Four Negative
                                               Dated: March 16, 2018.                                                                                                         Declarations; Resolution No. 18–01
                                                                                                                   *      *   *    *    *
                                             Alexis Strauss,                                                                                                                  adopted January 10, 2018.
                                             Acting Regional Administrator, Region IX.                               (c) * * *
                                                                                                                                                                              ■ 3. Section 52.222 is amended by
                                               Part 52, chapter I, title 40 of the Code                              (358) * * *                                              adding paragraph (a)(14) to read as
                                             of Federal Regulations is amended as                                    (ii) * * *                                               follows:
                                             follows:                                                                (B) Yolo-Solano Air Quality                              § 52.222     Negative declarations.
                                                                                                                   Management District.                                         (a) * * *
                                             PART 52—APPROVAL AND
                                             PROMULGATION OF                                                         (1) Reasonably Available Control                           (14) Yolo-Solano Air Quality
                                             IMPLEMENTATION PLANS                                                  Technology (RACT) State                                    Management District.
                                                                                                                   Implementation Plan (SIP), adopted on                        (i) The following negative
                                             ■ 1. The authority citation for part 52                               September 13, 2006.                                        declarations are for the 1997 8-hour
                                             continues to read as follows:                                         *      *   *    *    *                                     ozone NAAQS.

                                                                                                                                                                                                      Submitted             Submitted
                                                                                                                                     Negative declaration CTG                                          1/31/07,              2/22/18,
                                                         CTG source category                                                           reference document                                              adopted               adopted
                                                                                                                                                                                                       9/13/06               1/10/18

                                             Aerospace ..........................................       EPA–453/R–97–004 Aerospace Manufacturing and Rework Operations ...                                  X
                                             Ships ..................................................   61 FR 44050 Shipbuilding and Ship Repair ................................................           X
                                             Metal Coil Container and Closure .....                     EPA–450/2–77–008 Surface Coating of Cans, Coils, Paper, Fabrics,                                    X
                                                                                                          Automobiles, and Light-Duty Trucks.
                                             Magnetic Wire ....................................         EPA–450/2–77–033 Surface Coating of Insulation of Magnet Wire ...........                           X
                                             Natural Gas/Gasoline Processing                            EPA–450/2–83–007 Equipment Leaks from Natural Gas/Gasoline Proc-                                    X
                                               Plants, Equipment Leaks.                                   essing Plants.
                                             Refineries ...........................................     EPA–450/2–77–025 Refinery Vacuum Producing Systems, Wastewater                                      X
                                                                                                          Separators, and Process Unit Turnarounds.
                                                                                                        EPA–450/2–78–036 VOC Leaks from Petroleum Refinery Equipment ......                                 X
                                             Paper and Fabric ...............................           EPA–450/2–77–008 Surface Coating of Cans, Coils, Paper, Fabrics,                                    X
                                                                                                          Automobiles, and Light-Duty Trucks.
                                             Dry Cleaning ......................................        EPA–450/3–82–009 Large Petroleum Dry Cleaners ...................................                   X
                                             Rubber Tires ......................................        EPA–450/2–78–030 Manufacture of Pneumatic Rubber Tires ...................                          X
                                             Large Appliances, Surface Coating ...                      EPA–450/2–77–034 Surface Coating of Large Appliances ........................                       X
                                             Wood Coating ....................................          EPA–450/2–78–032 Factory Surface of Flat Wood Paneling .....................                        X
                                             Polyester Resin ..................................         EPA–450/3–83–006 Fugitive Emissions from Synthetic Organic Chemical                                 X
                                                                                                          Polymer and Resin Manufacturing Equipment.
                                                                                                        EPA–450/3–83–008 Manufacture of High-Density Polyethylene, Poly-                                    X
                                                                                                          propylene, and Polystyrene Resins.
                                             Pharmaceutical Products ...................                EPA–450/2–78–029—Control of Volatile Organic Emissions from Manu-                           .....................      X
                                                                                                          facture of Synthesized Pharmaceutical Products.
                                             Wood Furniture Coating .....................               EPA–453/R–96–007—Control of Volatile Organic Emissions from Wood                            .....................      X
                                                                                                          Furniture Manufacturing Operations.
                                             Synthetic Organic Chemical ..............                  EPA–450/3–84–015—Control of Volatile Organic Compound Emissions                             .....................      X
                                                                                                          from Air Oxidation Processes in Synthetic Organic Chemical Manufac-
                                                                                                          turing Industry.
                                                                                                        EPA–450/4–91–031—Control of Volatile Organic Compound Emissions                             .....................      X
                                                                                                          from Reactor Processes and Distillation Operations in Synthetic Or-
                                                                                                          ganic Chemical Manufacturing Industry.



                                                 (ii) [Reserved]
                                             *        *    *     *                *
                                             [FR Doc. 2018–06795 Filed 4–5–18; 8:45 am]
                                             BILLING CODE 6560–50–P
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Document Created: 2018-11-01 09:16:09
Document Modified: 2018-11-01 09:16:09
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 May 7, 2018.
ContactStanley Tong, EPA Region IX, (415) 947-4122, [email protected]
FR Citation83 FR 14754 
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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