83_FR_21325 83 FR 21235 - Air Plan Approval; California; Yolo-Solano Air Quality Management District; Negative Declarations

83 FR 21235 - Air Plan Approval; California; Yolo-Solano Air Quality Management District; Negative Declarations

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 90 (May 9, 2018)

Page Range21235-21237
FR Document2018-09888

The Environmental Protection Agency (EPA) is proposing 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 negative declarations for several volatile organic compound (VOC) source categories included in its Reasonably Available Control Technology (RACT) State Implementation Plan Analysis. We are proposing to approve these negative declarations under the Clean Air Act (CAA or ``the Act''). We are taking comments on this proposal and plan to follow with a final action.

Federal Register, Volume 83 Issue 90 (Wednesday, May 9, 2018)
[Federal Register Volume 83, Number 90 (Wednesday, May 9, 2018)]
[Proposed Rules]
[Pages 21235-21237]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09888]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0160; FRL-9977-85--Region 9]


Air Plan Approval; California; Yolo-Solano Air Quality Management 
District; Negative Declarations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing 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 negative declarations 
for several volatile organic compound (VOC) source categories included 
in its Reasonably Available Control Technology (RACT) State 
Implementation Plan Analysis. We are proposing to approve these 
negative declarations under the Clean Air Act (CAA or ``the Act''). We 
are taking comments on this proposal and plan to follow with a final 
action.

DATES: Any comments must arrive by June 8, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2018-0160 at https://www.regulations.gov/, or via email to Stanley 
Tong, 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: 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. The State's Submittal
    A. What document did the State submit?
    B. Are there other versions of the RACT SIP--negative 
declarations?
    C. What is the purpose of the submitted negative declarations?

[[Page 21236]]

II. The EPA's Evaluation and Action
    A. How did the EPA evaluate the negative declarations and what 
conclusions did the EPA reach?
    B. Public Comment and Proposed Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What document did the State submit?

    On September 13, 2017, YSAQMD adopted its Reasonably Available 
Control Technology State Implementation Plan Analysis for the 2008 
ozone National Ambient Air Quality Standards (NAAQS). Included in the 
District's RACT SIP analysis were several negative declarations where 
the District stated that it did not have sources subject to the Control 
Techniques Guidelines (CTG) documents listed below in Table 1. The 
District's RACT SIP further stated that the negative declarations were 
for the 1997 and 2008 ozone NAAQS. On November 13, 2017, the California 
Air Resources Board (CARB) submitted YSAQMD's RACT SIP, including the 
following negative declarations, to the EPA as a SIP revision.
---------------------------------------------------------------------------

    \1\ Negative declarations are for the 1997 and 2008 8-hour ozone 
standards.

              Table 1--Submitted Negative Declarations \1\
------------------------------------------------------------------------
           CTG document                      CTG document title
------------------------------------------------------------------------
EPA-450/2-77-008..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume II: Surface Coating
                                     of Cans, Coils, Paper, Fabrics,
                                     Automobiles, and Light-Duty Trucks.
EPA-450/2-77-025..................  Control of Refinery Vacuum Producing
                                     Systems, Wastewater Separators, and
                                     Process Unit Turnarounds.
EPA-450/2-77-032..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume III: Surface
                                     Coating of Metal Furniture.
EPA-450/2-77-033..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume IV: Surface Coating
                                     of Insulation of Magnet Wire.
EPA-450/2-77-034..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume V: Surface Coating
                                     of Large Appliances.
EPA-450/2-77-036..................  Control of Volatile Organic
                                     Emissions from Storage of Petroleum
                                     Liquids in Fixed-Roof Tanks.
EPA-450/2-78-029..................  Control of Volatile Organic
                                     Emissions from Manufacture of
                                     Synthesized Pharmaceutical
                                     Products.
EPA-450/2-78-032..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume VII: Factory
                                     Surface Coating of Flat Wood
                                     Paneling.
EPA-450/2-78-033..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume VIII: Graphic Arts-
                                     Rotogravure and Flexography.
EPA-450/2-78-036..................  Control of Volatile Organic Compound
                                     Leaks from Petroleum Refinery
                                     Equipment.
EPA-450/2-78-030..................  Control of Volatile Organic
                                     Emissions from Manufacture of
                                     Pneumatic Rubber Tires.
EPA-450/3-82-009..................  Control of Volatile Organic Compound
                                     Emissions from Large Petroleum Dry
                                     Cleaners.
EPA-450/3-83-008..................  Control of Volatile Organic Compound
                                     Emissions from Manufacture of High-
                                     Density Polyethylene,
                                     Polypropylene, and Polystyrene
                                     Resins.
EPA-450/3-83-007..................  Control of Volatile Organic Compound
                                     Equipment Leaks from Natural Gas/
                                     Gasoline Processing Plants.
EPA-450/3-83-006..................  Control of Volatile Organic Compound
                                     Leaks from Synthetic Organic
                                     Chemical Polymer and Resin
                                     Manufacturing Equipment.
EPA-450/3-84-015..................  Control of Volatile Organic Compound
                                     Emissions from Air Oxidation
                                     Processes in Synthetic Organic
                                     Chemical Manufacturing Industry.
EPA-450/4-91-031..................  Control of Volatile Organic Compound
                                     Emissions from Reactor Processes
                                     and Distillation Operations in
                                     Synthetic Organic Chemical
                                     Manufacturing Industry.
EPA-453/R-96-007..................  Control of Volatile Organic Compound
                                     Emissions from Wood Furniture
                                     Manufacturing Operations.
61 FR-44050 8/27/96...............  Control Techniques Guidelines for
                                     Shipbuilding and Ship Repair
                                     Operations (Surface Coating).
EPA-453/R-97-004..................  Aerospace (CTG & MACT).
EPA-453/R-06-003..................  Control Techniques Guidelines for
                                     Flexible Package Printing.
EPA-453/R-06-004..................  Control Techniques Guidelines for
                                     Flat Wood Paneling Coatings.
EPA 453/R-07-003..................  Control Techniques Guidelines for
                                     Paper, Film, and Foil Coatings.
EPA 453/R-07-004..................  Control Techniques Guidelines for
                                     Large Appliance Coatings.
EPA 453/R-07-005..................  Control Techniques Guidelines for
                                     Metal Furniture Coatings.
EPA 453/R-08-005..................  Control Techniques Guidelines for
                                     Miscellaneous Industrial Adhesives.
EPA 453/R-08-006..................  Control Techniques Guidelines for
                                     Automobile and Light-Duty Truck
                                     Assembly Coatings.
EPA 453/R-08-003..................  Control Techniques Guidelines for
                                     Miscellaneous Metal and Plastic
                                     Parts Coatings (plastic parts
                                     portion only).
EPA 453/B-16-001..................  Control Techniques Guidelines for
                                     the Oil and Natural Gas Industry.
------------------------------------------------------------------------

    On April 11, 2018, the EPA determined that the negative 
declarations submitted as part of YSAQMD's RACT SIP met the 
completeness criteria in 40 CFR part 51 Appendix V, which must be met 
before formal EPA review.

B. Are there other versions of the RACT SIP--negative declarations?

    On April 6, 2018 (83 FR 14754), we approved YSAQMD's RACT SIP 
certification, including several negative declarations for the 1997 8-
hour ozone NAAQS.

C. What is the purpose of the submitted negative declarations?

    Volatile Organic Compounds (VOCs) and nitrogen oxides 
(NOX) together produce ground-level ozone, smog and 
particulate matter, which harm human health and the environment. 
Section 110(a) of the CAA requires states to submit regulations that 
control VOC and NOX emissions. Sections 182(b)(2) and (f) 
require that SIPs for ozone nonattainment areas classified as Moderate 
or above implement RACT for any source covered by a CTG document and 
for any major source of VOCs or NOX. The YSAQMD is subject 
to this requirement because it regulates part of the Sacramento 
Metropolitan ozone nonattainment area that is classified as a Severe-15 
ozone nonattainment area

[[Page 21237]]

for the 2008 8-hour ozone NAAQS.\2\ Therefore, the YSAQMD 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 that it regulates.
---------------------------------------------------------------------------

    \2\ 40 CFR 81.305; 80 FR 12264 (March 6, 2015). The YSAQMD 
regulates the Solano County and Yolo County portions of the 
Sacramento Metro ozone nonattainment area.
---------------------------------------------------------------------------

    The EPA's rule to implement the 2008 8-hour ozone NAAQS (80 FR 
12264 at 12278, March 6, 2015) states in part ``. . . RACT SIPs must 
contain adopted RACT regulations, certifications where appropriate that 
existing provisions are RACT . . . and/or negative declarations that 
there are no sources in the nonattainment area covered by a specific 
CTG source category.'' YSAQMD's RACT SIP submittal includes the 
negative declarations listed in Table 1 to certify that it has no 
stationary sources within its jurisdiction that are covered by the 
listed CTGs.

II. The EPA's Evaluation and Action

A. How did the EPA evaluate the negative declarations and what 
conclusions did the EPA reach?

    SIP rules must require RACT for each category of sources covered by 
a CTG document as well as each major source of VOC or NOX in 
ozone nonattainment areas classified as Moderate or above (see CAA 
section 182(b)(2)). States should submit for SIP approval negative 
declarations for those source categories for which they are not 
adopting VOC CTG-based regulations (because they have no sources 
covered by the CTG) regardless of whether such negative declarations 
were made for an earlier RACT SIP.
    The EPA reviewed YSAQMD's list of negative declarations and 
compared the District's list against a list of stationary sources of 
VOCs derived from CARB's emissions inventory database for the years 
2006 and 2015. The EPA selected these years based on when the RACT SIPs 
were due for the 1997 and 2008 8-hour ozone standards. Since the CTGs 
only cover VOC sources and do not cover NOX sources, we took 
CARB's emissions inventory list of VOC stationary sources in the YSAQMD 
and identified those with a sufficient quantity of VOC emissions that 
they could potentially be covered by a CTG. We then performed an 
internet search on these sources to determine if they performed 
operations subject to any of the CTGs for which YSAQMD was claiming a 
negative declaration. Our evaluation also included a review of whether 
identified stationary sources' Standard Industrial Code classification 
numbers corresponded to negative declarations claimed by the District. 
Finally, we queried YSAQMD staff regarding what VOC producing 
operations occurred at specific stationary source facilities to 
determine if any of those operations might be subject to a negative 
declaration. Based on this, the EPA agrees with YSAQMD's conclusion 
that it has no stationary sources of VOCs that are subject to the CTGs 
for which they have adopted negative declarations for the 1997 and 2008 
8-hour ozone NAAQS. We believe these negative declarations are 
consistent with the relevant policy and guidance regarding RACT and SIP 
relaxations.

B. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted negative declarations for the 1997 and 2008 
8-hour ozone NAAQS because they fulfill all relevant requirements. We 
will accept comments from the public on this proposal until June 8, 
2018. If we take final action to approve the submitted negative 
declarations, our final action will incorporate them into the federally 
enforceable SIP.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed action merely proposes to approve state law 
as meeting federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed 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 disproportionate human health or environmental effects with 
practical, appropriate, 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).

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: April 27, 2018.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2018-09888 Filed 5-8-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                                       Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Proposed Rules                                              21235

                                               opinion states that the quoted language                 in the Unfunded Mandates Reform Act                   SUMMARY:     The Environmental Protection
                                               renders this statute inapplicable to                    of 1995 (Pub. L. 104–4);                              Agency (EPA) is proposing to approve a
                                               enforcement of any federally authorized                    • does not have federalism                         revision to the Yolo-Solano Air Quality
                                               programs, since ‘‘no immunity could be                  implications as specified in Executive                Management District (YSAQMD or
                                               afforded from administrative, civil, or                 Order 13132 (64 FR 43255, August 10,                  ‘‘District’’) portion of the California
                                               criminal penalties because granting                     1999);                                                State Implementation Plan (SIP). This
                                               such immunity would not be consistent                      • is not an economically significant               revision concerns the District’s negative
                                               with federal law, which is one of the                   regulatory action based on health or                  declarations for several volatile organic
                                               criteria for immunity.’’                                safety risks subject to Executive Order               compound (VOC) source categories
                                                  Therefore, EPA has determined that                   13045 (62 FR 19885, April 23, 1997);                  included in its Reasonably Available
                                               Virginia’s Privilege and Immunity                          • is not a significant regulatory action           Control Technology (RACT) State
                                               statutes will not preclude the                          subject to Executive Order 13211 (66 FR               Implementation Plan Analysis. We are
                                               Commonwealth from enforcing its                         28355, May 22, 2001);                                 proposing to approve these negative
                                               program consistent with the federal                        • is not subject to requirements of                declarations under the Clean Air Act
                                               requirements. In any event, because                     Section 12(d) of the National                         (CAA or ‘‘the Act’’). We are taking
                                               EPA has also determined that a state                    Technology Transfer and Advancement                   comments on this proposal and plan to
                                               audit privilege and immunity law can                    Act of 1995 (15 U.S.C. 272 note) because              follow with a final action.
                                               affect only state enforcement and cannot                application of those requirements would               DATES: Any comments must arrive by
                                               have any impact on federal enforcement                  be inconsistent with the CAA; and                     June 8, 2018.
                                               authorities, EPA may at any time invoke                    • does not provide EPA with the                    ADDRESSES: Submit your comments,
                                               its authority under the CAA, including,                 discretionary authority to address, as                identified by Docket ID No. EPA–R09–
                                               for example, sections 113, 167, 205, 211                appropriate, disproportionate human                   OAR–2018–0160 at https://
                                               or 213, to enforce the requirements or                  health or environmental effects, using                www.regulations.gov/, or via email to
                                               prohibitions of the state plan,                         practicable and legally permissible                   Stanley Tong, at tong.stanley@epa.gov.
                                               independently of any state enforcement                  methods, under Executive Order 12898                  For comments submitted at
                                               effort. In addition, citizen enforcement                (59 FR 7629, February 16, 1994).                      Regulations.gov, follow the online
                                               under section 304 of the CAA is                            This action, proposing approval of                 instructions for submitting comments.
                                               likewise unaffected by this, or any, state              Virginia’s interstate transport submittal             Once submitted, comments cannot be
                                               audit privilege or immunity law.                        for the 2012 PM2.5 standard, is not                   removed or edited from Regulations.gov.
                                                                                                       approved to apply on any Indian                       For either manner of submission, the
                                               V. Statutory and Executive Order                                                                              EPA may publish any comment received
                                                                                                       reservation land as defined in 18 U.S.C.
                                               Reviews                                                                                                       to its public docket. Do not submit
                                                                                                       1151 or in any other area where EPA or
                                                  Under the CAA, the Administrator is                  an Indian tribe has demonstrated that a               electronically any information you
                                               required to approve a SIP submission                    tribe has jurisdiction. In those areas of             consider to be Confidential Business
                                               that complies with the provisions of the                Indian country, the rule does not have                Information (CBI) or other information
                                               CAA and applicable federal regulations.                 tribal implications and will not impose               whose disclosure is restricted by statute.
                                               42 U.S.C. 7410(k); 40 CFR 52.02(a).                     substantial direct costs on tribal                    Multimedia submissions (audio, video,
                                               Thus, in reviewing SIP submissions,                     governments or preempt tribal law as                  etc.) must be accompanied by a written
                                               EPA’s role is to approve state choices,                 specified by Executive Order 13175 (65                comment. The written comment is
                                               provided that they meet the criteria of                 FR 67249, November 9, 2000).                          considered the official comment and
                                               the CAA. Accordingly, this action                                                                             should include discussion of all points
                                                                                                       List of Subjects in 40 CFR Part 52                    you wish to make. The EPA will
                                               merely approves state law as meeting
                                               federal requirements and does not                         Environmental protection, Air                       generally not consider comments or
                                               impose additional requirements beyond                   pollution control, Incorporation by                   comment contents located outside of the
                                               those imposed by state law. For that                    reference, Particulate matter.                        primary submission (i.e., on the web,
                                               reason, this proposed action:                             Authority: 42 U.S.C. 7401 et seq.                   cloud, or other file sharing system). For
                                                  • Is not a ‘‘significant regulatory                                                                        additional submission methods, please
                                                                                                         Dated: May 1, 2018.                                 contact the person identified in the FOR
                                               action’’ subject to review by the Office
                                                                                                       Cosmo Servidio,                                       FURTHER INFORMATION CONTACT section.
                                               of Management and Budget under
                                               Executive Orders 12866 (58 FR 51735,                    Regional Administrator, Region III.                   For the full EPA public comment policy,
                                               October 4, 1993) and 13563 (76 FR 3821,                 [FR Doc. 2018–09887 Filed 5–8–18; 8:45 am]            information about CBI or multimedia
                                               January 21, 2011);                                      BILLING CODE 6560–50–P                                submissions, and general guidance on
                                                  • is not an Executive Order 13771 (82                                                                      making effective comments, please visit
                                               FR 9339, February 2, 2017) regulatory                                                                         https://www.epa.gov/dockets/
                                               action because SIP approvals are                        ENVIRONMENTAL PROTECTION                              commenting-epa-dockets.
                                               exempted under Executive Order 12866.                   AGENCY                                                FOR FURTHER INFORMATION CONTACT:
                                                  • does not impose an information                                                                           Stanley Tong, EPA Region IX, (415)
                                                                                                       40 CFR Part 52                                        947–4122, tong.stanley@epa.gov.
                                               collection burden under the provisions
                                               of the Paperwork Reduction Act (44                      [EPA–R09–OAR–2018–0160; FRL–9977–                     SUPPLEMENTARY INFORMATION:
                                               U.S.C. 3501 et seq.);                                   85—Region 9]                                          Throughout this document, ‘‘we,’’ ‘‘us’’
                                                  • is certified as not having a                                                                             and ‘‘our’’ refer to the EPA.
amozie on DSK3GDR082PROD with PROPOSALS




                                               significant economic impact on a                        Air Plan Approval; California; Yolo-
                                                                                                                                                             Table of Contents
                                               substantial number of small entities                    Solano Air Quality Management
                                               under the Regulatory Flexibility Act (5                 District; Negative Declarations                       I. The State’s Submittal
                                                                                                                                                                A. What document did the State submit?
                                               U.S.C. 601 et seq.);                                    AGENCY:  Environmental Protection                        B. Are there other versions of the RACT
                                                  • does not contain any unfunded                      Agency (EPA).                                              SIP—negative declarations?
                                               mandate or significantly or uniquely                                                                             C. What is the purpose of the submitted
                                                                                                       ACTION: Proposed rule.
                                               affect small governments, as described                                                                             negative declarations?



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                                               21236                    Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Proposed Rules

                                               II. The EPA’s Evaluation and Action                          Control Technology State                              District’s RACT SIP further stated that
                                                  A. How did the EPA evaluate the negative                  Implementation Plan Analysis for the                  the negative declarations were for the
                                                     declarations and what conclusions did
                                                                                                            2008 ozone National Ambient Air                       1997 and 2008 ozone NAAQS. On
                                                     the EPA reach?
                                                  B. Public Comment and Proposed Action                     Quality Standards (NAAQS). Included                   November 13, 2017, the California Air
                                               III. Statutory and Executive Order Reviews                   in the District’s RACT SIP analysis were              Resources Board (CARB) submitted
                                                                                                            several negative declarations where the               YSAQMD’s RACT SIP, including the
                                               I. The State’s Submittal                                     District stated that it did not have                  following negative declarations, to the
                                               A. What document did the State submit?                       sources subject to the Control                        EPA as a SIP revision.
                                                 On September 13, 2017, YSAQMD                              Techniques Guidelines (CTG)
                                               adopted its Reasonably Available                             documents listed below in Table 1. The

                                                                                                       TABLE 1—SUBMITTED NEGATIVE DECLARATIONS 1
                                                          CTG document                                                                           CTG document title

                                               EPA–450/2–77–008 ........................          Control of Volatile Organic Emissions from Existing Stationary Sources—Volume II: Surface Coating of
                                                                                                    Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks.
                                               EPA–450/2–77–025 ........................          Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds.
                                               EPA–450/2–77–032 ........................          Control of Volatile Organic Emissions from Existing Stationary Sources—Volume III: Surface Coating of
                                                                                                    Metal Furniture.
                                               EPA–450/2–77–033 ........................          Control of Volatile Organic Emissions from Existing Stationary Sources—Volume IV: Surface Coating of In-
                                                                                                    sulation of Magnet Wire.
                                               EPA–450/2–77–034 ........................          Control of Volatile Organic Emissions from Existing Stationary Sources—Volume V: Surface Coating of
                                                                                                    Large Appliances.
                                               EPA–450/2–77–036 ........................          Control of Volatile Organic Emissions from Storage of Petroleum Liquids in Fixed-Roof Tanks.
                                               EPA–450/2–78–029 ........................          Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products.
                                               EPA–450/2–78–032 ........................          Control of Volatile Organic Emissions from Existing Stationary Sources—Volume VII: Factory Surface
                                                                                                    Coating of Flat Wood Paneling.
                                               EPA–450/2–78–033 ........................          Control of Volatile Organic Emissions from Existing Stationary Sources—Volume VIII: Graphic Arts-Roto-
                                                                                                    gravure and Flexography.
                                               EPA–450/2–78–036        ........................   Control of Volatile Organic Compound Leaks from Petroleum Refinery Equipment.
                                               EPA–450/2–78–030        ........................   Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires.
                                               EPA–450/3–82–009        ........................   Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners.
                                               EPA–450/3–83–008        ........................   Control of Volatile Organic Compound Emissions from Manufacture of High-Density Polyethylene, Poly-
                                                                                                    propylene, and Polystyrene Resins.
                                               EPA–450/3–83–007 ........................          Control of Volatile Organic Compound Equipment Leaks from Natural Gas/Gasoline Processing Plants.
                                               EPA–450/3–83–006 ........................          Control of Volatile Organic Compound Leaks from Synthetic Organic Chemical Polymer and Resin Manu-
                                                                                                    facturing Equipment.
                                               EPA–450/3–84–015 ........................          Control of Volatile Organic Compound Emissions from Air Oxidation Processes in Synthetic Organic
                                                                                                    Chemical Manufacturing Industry.
                                               EPA–450/4–91–031 ........................          Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations in
                                                                                                    Synthetic Organic Chemical Manufacturing Industry.
                                               EPA–453/R–96–007 .......................           Control of Volatile Organic Compound Emissions from Wood Furniture Manufacturing Operations.
                                               61 FR–44050 8/27/96 .....................          Control Techniques Guidelines for Shipbuilding and Ship Repair Operations (Surface Coating).
                                               EPA–453/R–97–004 .......................           Aerospace (CTG & MACT).
                                               EPA–453/R–06–003 .......................           Control Techniques Guidelines for Flexible Package Printing.
                                               EPA–453/R–06–004 .......................           Control Techniques Guidelines for Flat Wood Paneling Coatings.
                                               EPA 453/R–07–003 ........................          Control Techniques Guidelines for Paper, Film, and Foil Coatings.
                                               EPA 453/R–07–004 ........................          Control Techniques Guidelines for Large Appliance Coatings.
                                               EPA 453/R–07–005 ........................          Control Techniques Guidelines for Metal Furniture Coatings.
                                               EPA 453/R–08–005 ........................          Control Techniques Guidelines for Miscellaneous Industrial Adhesives.
                                               EPA 453/R–08–006 ........................          Control Techniques Guidelines for Automobile and Light-Duty Truck Assembly Coatings.
                                               EPA 453/R–08–003 ........................          Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings (plastic parts portion
                                                                                                    only).
                                               EPA 453/B–16–001 ........................          Control Techniques Guidelines for the Oil and Natural Gas Industry.



                                                 On April 11, 2018, the EPA                                 certification, including several negative             submit regulations that control VOC and
                                               determined that the negative                                 declarations for the 1997 8-hour ozone                NOX emissions. Sections 182(b)(2) and
                                               declarations submitted as part of                            NAAQS.                                                (f) require that SIPs for ozone
                                               YSAQMD’s RACT SIP met the                                                                                          nonattainment areas classified as
                                                                                                            C. What is the purpose of the submitted
                                               completeness criteria in 40 CFR part 51                                                                            Moderate or above implement RACT for
                                                                                                            negative declarations?
                                               Appendix V, which must be met before                                                                               any source covered by a CTG document
                                               formal EPA review.                                             Volatile Organic Compounds (VOCs)                   and for any major source of VOCs or
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                                                                                                            and nitrogen oxides (NOX) together                    NOX. The YSAQMD is subject to this
                                               B. Are there other versions of the RACT
                                                                                                            produce ground-level ozone, smog and                  requirement because it regulates part of
                                               SIP—negative declarations?
                                                                                                            particulate matter, which harm human                  the Sacramento Metropolitan ozone
                                                 On April 6, 2018 (83 FR 14754), we                         health and the environment. Section                   nonattainment area that is classified as
                                               approved YSAQMD’s RACT SIP                                   110(a) of the CAA requires states to                  a Severe-15 ozone nonattainment area


                                                 1 Negative declarations are for the 1997 and 2008

                                               8-hour ozone standards.


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                                                                       Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Proposed Rules                                                  21237

                                               for the 2008 8-hour ozone NAAQS.2                       evaluation also included a review of                  of the Paperwork Reduction Act (44
                                               Therefore, the YSAQMD must, at a                        whether identified stationary sources’                U.S.C. 3501 et seq.);
                                               minimum, adopt RACT-level controls                      Standard Industrial Code classification                 • Is certified as not having a
                                               for all sources covered by a CTG                        numbers corresponded to negative                      significant economic impact on a
                                               document and for all major non-CTG                      declarations claimed by the District.                 substantial number of small entities
                                               sources of VOCs or NOX within the                       Finally, we queried YSAQMD staff                      under the Regulatory Flexibility Act (5
                                               nonattainment area that it regulates.                   regarding what VOC producing                          U.S.C. 601 et seq.);
                                                  The EPA’s rule to implement the 2008                 operations occurred at specific
                                               8-hour ozone NAAQS (80 FR 12264 at                      stationary source facilities to determine                • Does not contain any unfunded
                                               12278, March 6, 2015) states in part                    if any of those operations might be                   mandate or significantly or uniquely
                                               ‘‘. . . RACT SIPs must contain adopted                  subject to a negative declaration. Based              affect small governments, as described
                                               RACT regulations, certifications where                  on this, the EPA agrees with YSAQMD’s                 in the Unfunded Mandates Reform Act
                                               appropriate that existing provisions are                conclusion that it has no stationary                  of 1995 (Pub. L. 104–4);
                                               RACT . . . and/or negative declarations                 sources of VOCs that are subject to the                 • Does not have Federalism
                                               that there are no sources in the                        CTGs for which they have adopted                      implications as specified in Executive
                                               nonattainment area covered by a                         negative declarations for the 1997 and                Order 13132 (64 FR 43255, August 10,
                                               specific CTG source category.’’                         2008 8-hour ozone NAAQS. We believe                   1999);
                                               YSAQMD’s RACT SIP submittal                             these negative declarations are
                                                                                                       consistent with the relevant policy and                 • Is not an economically significant
                                               includes the negative declarations listed
                                                                                                       guidance regarding RACT and SIP                       regulatory action based on health or
                                               in Table 1 to certify that it has no
                                                                                                       relaxations.                                          safety risks subject to Executive Order
                                               stationary sources within its jurisdiction
                                                                                                                                                             13045 (62 FR 19885, April 23, 1997);
                                               that are covered by the listed CTGs.
                                                                                                       B. Public Comment and Proposed
                                                                                                                                                               • Is not a significant regulatory action
                                               II. The EPA’s Evaluation and Action                     Action
                                                                                                                                                             subject to Executive Order 13211 (66 FR
                                               A. How did the EPA evaluate the                            As authorized in section 110(k)(3) of              28355, May 22, 2001);
                                               negative declarations and what                          the Act, the EPA proposes to fully                      • Is not subject to requirements of
                                               conclusions did the EPA reach?                          approve the submitted negative                        section 12(d) of the National
                                                 SIP rules must require RACT for each                  declarations for the 1997 and 2008 8-                 Technology Transfer and Advancement
                                               category of sources covered by a CTG                    hour ozone NAAQS because they fulfill                 Act of 1995 (15 U.S.C. 272 note) because
                                               document as well as each major source                   all relevant requirements. We will                    application of those requirements would
                                               of VOC or NOX in ozone nonattainment                    accept comments from the public on                    be inconsistent with the Clean Air Act;
                                               areas classified as Moderate or above                   this proposal until June 8, 2018. If we               and
                                                                                                       take final action to approve the
                                               (see CAA section 182(b)(2)). States
                                                                                                       submitted negative declarations, our                    • Does not provide the EPA with the
                                               should submit for SIP approval negative                                                                       discretionary authority to address
                                               declarations for those source categories                final action will incorporate them into
                                                                                                       the federally enforceable SIP.                        disproportionate human health or
                                               for which they are not adopting VOC                                                                           environmental effects with practical,
                                               CTG-based regulations (because they                     III. Statutory and Executive Order                    appropriate, and legally permissible
                                               have no sources covered by the CTG)                     Reviews                                               methods under Executive Order 12898
                                               regardless of whether such negative                                                                           (59 FR 7629, February 16, 1994).
                                               declarations were made for an earlier                     Under the Clean Air Act, the
                                               RACT SIP.                                               Administrator is required to approve a                   In addition, the SIP is not approved
                                                 The EPA reviewed YSAQMD’s list of                     SIP submission that complies with the                 to apply on any Indian reservation land
                                               negative declarations and compared the                  provisions of the Act and applicable                  or in any other area where the EPA or
                                               District’s list against a list of stationary            federal regulations. 42 U.S.C. 7410(k);               an Indian tribe has demonstrated that a
                                               sources of VOCs derived from CARB’s                     40 CFR 52.02(a). Thus, in reviewing SIP               tribe has jurisdiction. In those areas of
                                               emissions inventory database for the                    submissions, the EPA’s role is to                     Indian country, the rule does not have
                                               years 2006 and 2015. The EPA selected                   approve state choices, provided that                  tribal implications and will not impose
                                               these years based on when the RACT                      they meet the criteria of the Clean Air               substantial direct costs on tribal
                                               SIPs were due for the 1997 and 2008 8-                  Act. Accordingly, this proposed action                governments or preempt tribal law as
                                               hour ozone standards. Since the CTGs                    merely proposes to approve state law as               specified by Executive Order 13175 (65
                                               only cover VOC sources and do not                       meeting federal requirements and does                 FR 67249, November 9, 2000).
                                               cover NOX sources, we took CARB’s                       not impose additional requirements                    List of Subjects in 40 CFR Part 52
                                               emissions inventory list of VOC                         beyond those imposed by state law. For
                                               stationary sources in the YSAQMD and                    that reason, this proposed action:                      Environmental protection, Air
                                               identified those with a sufficient                        • Is not a ‘‘significant regulatory                 pollution control, Incorporation by
                                               quantity of VOC emissions that they                     action’’ subject to review by the Office              reference, Intergovernmental relations,
                                               could potentially be covered by a CTG.                  of Management and Budget under                        Nitrogen dioxide, Ozone, Reporting and
                                               We then performed an internet search                    Executive Orders 12866 (58 FR 51735,                  recordkeeping requirements, Volatile
                                               on these sources to determine if they                   October 4, 1993) and 13563 (76 FR 3821,               organic compounds.
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                                               performed operations subject to any of                  January 21, 2011);                                      Authority: 42 U.S.C. 7401 et seq.
                                               the CTGs for which YSAQMD was                             • Is not an Executive Order 13771 (82
                                               claiming a negative declaration. Our                                                                            Dated: April 27, 2018.
                                                                                                       FR 9339, February 2, 2017) regulatory
                                                                                                       action because SIP approvals are                      Alexis Strauss,
                                                 2 40 CFR 81.305; 80 FR 12264 (March 6, 2015).
                                                                                                       exempted under Executive Order 12866;                 Acting Regional Administrator, Region IX.
                                               The YSAQMD regulates the Solano County and
                                               Yolo County portions of the Sacramento Metro              • Does not impose an information                    [FR Doc. 2018–09888 Filed 5–8–18; 8:45 am]
                                               ozone nonattainment area.                               collection burden under the provisions                BILLING CODE 6560–50–P




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Document Created: 2018-05-09 03:17:36
Document Modified: 2018-05-09 03:17:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesAny comments must arrive by June 8, 2018.
ContactStanley Tong, EPA Region IX, (415) 947-4122, [email protected]
FR Citation83 FR 21235 
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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