83_FR_32345 83 FR 32211 - Approval of California Air Plan Revisions, Yolo-Solano Air Quality Management District

83 FR 32211 - Approval of California Air Plan Revisions, Yolo-Solano Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 134 (July 12, 2018)

Page Range32211-32213
FR Document2018-14946

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 emissions of volatile organic compounds (VOCs) from architectural coatings. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act).

Federal Register, Volume 83 Issue 134 (Thursday, July 12, 2018)
[Federal Register Volume 83, Number 134 (Thursday, July 12, 2018)]
[Rules and Regulations]
[Pages 32211-32213]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14946]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0104; FRL-9980-43--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 emissions of volatile 
organic compounds (VOCs) from architectural coatings. We are approving 
a local rule that regulates these emission sources under the Clean Air 
Act (CAA or the Act).

DATES: This rule is effective on August 13, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2018-0104. All documents in the docket are 
listed on the http://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available through http://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Arnold Lazarus, EPA Region IX, (415) 
972-3024, [email protected].

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

Table of Contents

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

I. Proposed Action

    On May 3, 2018 (83 FR 19495), the EPA proposed to approve the 
following rule into the California SIP.

[[Page 32212]]



----------------------------------------------------------------------------------------------------------------
            Local agency                Rule No.              Rule title              Revised        Submitted
----------------------------------------------------------------------------------------------------------------
YSAQMD.............................            2.14  Architectural Coatings.....      10/12/2016      01/24/2017
----------------------------------------------------------------------------------------------------------------

    We proposed to approve this rule because we determined that it 
complies with the relevant CAA requirements. Our proposed action 
contains more information on the rule and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received one comment in support of regulating 
VOC emissions, and another that was not germane to this rule.

III. EPA Action

    No comments were submitted that change our assessment of the rule 
as described in our proposed action. Therefore, as authorized in 
section 110(k)(3) of the Act, the EPA is fully approving this rule into 
the California SIP.

IV. Incorporation by Reference

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

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities 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 September 10, 2018. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: June 22, 2018.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(293)(i)(B)(2) and 
(c)(497)(i)(D)(2) to read as follows:


Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (293) * * *

[[Page 32213]]

    (i) * * *
    (B) * * *
    (2) Previously approved on January 2, 2004 in paragraph 
(c)(293)(i)(B)(1) of this section and now deleted with replacement in 
(c)(497)(i)(D)(2), Rule 2.14, adopted on November 14, 2001.
* * * * *
    (497) * * *
    (i) * * *
    (D) * * *
    (2) Rule 2.14, ``Architectural Coatings,'' revised on October 12, 
2016.
* * * * *
[FR Doc. 2018-14946 Filed 7-11-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                              Federal Register / Vol. 83, No. 134 / Thursday, July 12, 2018 / Rules and Regulations                                                               32211

                                              • does not provide EPA with the                           required information to the U.S. Senate,                      List of Subjects in 40 CFR Part 52
                                           discretionary authority to address, as                       the U.S. House of Representatives, and
                                                                                                                                                                        Environmental protection, Air
                                           appropriate, disproportionate human                          the Comptroller General of the United                         pollution control, Incorporation by
                                           health or environmental effects, using                       States prior to publication of the rule in                    reference, Particulate matter.
                                           practicable and legally permissible                          the Federal Register. A major rule
                                           methods, under Executive Order 12898                         cannot take effect until 60 days after it                       Dated: June 19, 2018.
                                           (59 FR 7629, February 16, 1994).                             is published in the Federal Register.                         Cosmo Servidio,
                                              In addition, this rule does not have                      This action is not a ‘‘major rule’’ as                        Regional Administrator, Region III.
                                           tribal implications as specified by                          defined by 5 U.S.C. 804(2).                                       40 CFR part 52 is amended as follows:
                                           Executive Order 13175 (65 FR 67249,
                                           November 9, 2000), because the SIP is                        C. Petitions for Judicial Review
                                                                                                                                                                      PART 52—APPROVAL AND
                                           not approved to apply in Indian country                                                                                    PROMULGATION OF
                                                                                                           Under section 307(b)(1) of the CAA,
                                           located in the state, and EPA notes that                                                                                   IMPLEMENTATION PLANS
                                           it will not impose substantial direct                        petitions for judicial review of this
                                           costs on tribal governments or preempt                       action must be filed in the United States
                                                                                                                                                                      ■ 1. The authority citation for part 52
                                           tribal law.                                                  Court of Appeals for the appropriate
                                                                                                                                                                      continues to read as follows:
                                                                                                        circuit by September 10, 2018. Filing a
                                           B. Submission to Congress and the                            petition for reconsideration by the                               Authority: 42 U.S.C. 7401 et seq.
                                           Comptroller General                                          Administrator of this final rule does not
                                                                                                                                                                      Subpart I—Delaware
                                             The Congressional Review Act, 5                            affect the finality of this action for the
                                           U.S.C. 801 et seq., as added by the Small                    purposes of judicial review nor does it                       ■ 2. In § 52.420, the table in paragraph
                                           Business Regulatory Enforcement                              extend the time within which a petition                       (e) is amended by adding a second entry
                                           Fairness Act of 1996, generally provides                     for judicial review may be filed, and                         for Section 110(a)(2) Infrastructure
                                           that before a rule may take effect, the                      shall not postpone the effectiveness of                       Requirements for the 2012 PM2.5
                                           agency promulgating the rule must                            such rule or action. This action,                             NAAQS after the first entry. The revised
                                           submit a rule report, which includes a                       addressing Delaware’s interstate                              text reads as follows:
                                           copy of the rule, to each House of the                       transport for the 2012 PM2.5 NAAQS,
                                           Congress and to the Comptroller General                      may not be challenged later in                                § 52.470    Identification of plan.
                                           of the United States. EPA will submit a                      proceedings to enforce its requirements.                      *       *    *       *     *
                                           report containing this action and other                      (See section 307(b)(2).)                                          (e) * * *

                                                                                                      Applicable                 State                       EPA
                                              Name of non-regulatory SIP revision                     geographic               submittal                   approval                    Additional explanation
                                                                                                         area                    date                        date


                                                    *                    *                               *                           *                          *                       *                   *
                                           Section 110(a)(2) Infrastructure Require-               Statewide ..........         12/14/2015         7/12/2018, [Insert         Docket 2017–0152. This action address-
                                             ments for the 2012 PM2.5 NAAQS.                                                                         Federal Register           es the infrastructure element of CAA
                                                                                                                                                     citation].                 section 110(a)(2)(D)(i)(I).

                                                     *                           *                           *                          *                        *                     *                      *



                                           [FR Doc. 2018–14838 Filed 7–11–18; 8:45 am]                  (SIP). This revision concerns emissions                       www.regulations.gov, or please contact
                                           BILLING CODE 6560–50–P                                       of volatile organic compounds (VOCs)                          the person identified in the FOR FURTHER
                                                                                                        from architectural coatings. We are                           INFORMATION CONTACT section for
                                                                                                        approving a local rule that regulates                         additional availability information.
                                           ENVIRONMENTAL PROTECTION                                     these emission sources under the Clean
                                           AGENCY                                                       Air Act (CAA or the Act).                                     FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                      Arnold Lazarus, EPA Region IX, (415)
                                                                                                        DATES: This rule is effective on August
                                           40 CFR Part 52                                                                                                             972–3024, Lazarus.Arnold@epa.gov.
                                                                                                        13, 2018.
                                           [EPA–R09–OAR–2018–0104; FRL–9980–                            ADDRESSES: The EPA has established a                          SUPPLEMENTARY INFORMATION:
                                           43—Region 9]                                                                                                               Throughout this document, ‘‘we,’’ ‘‘us’’
                                                                                                        docket for this action under Docket ID
                                                                                                        No. EPA–R09–OAR–2018–0104. All                                and ‘‘our’’ refer to the EPA.
                                           Approval of California Air Plan
                                           Revisions, Yolo-Solano Air Quality                           documents in the docket are listed on                         Table of Contents
                                           Management District                                          the http://www.regulations.gov website.
                                                                                                        Although listed in the index, some                            I. Proposed Action
                                           AGENCY:  Environmental Protection                            information is not publicly available,                        II. Public Comments and EPA Responses
                                           Agency (EPA).                                                e.g., Confidential Business Information                       III. EPA Action
                                           ACTION: Final rule.                                          (CBI) or other information whose                              IV. Incorporation by Reference
                                                                                                        disclosure is restricted by statute.                          V. Statutory and Executive Order Reviews
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                                           SUMMARY:   The Environmental Protection                      Certain other material, such as                               I. Proposed Action
                                           Agency (EPA) is taking final action to                       copyrighted material, is not placed on
                                           approve a revision to the Yolo-Solano                        the internet and will be publicly                               On May 3, 2018 (83 FR 19495), the
                                           Air Quality Management District                              available only in hard copy form.                             EPA proposed to approve the following
                                           (YSAQMD or ‘‘District’’) portion of the                      Publicly available docket materials are                       rule into the California SIP.
                                           California State Implementation Plan                         available through http://


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                                           32212                 Federal Register / Vol. 83, No. 134 / Thursday, July 12, 2018 / Rules and Regulations

                                                      Local agency                       Rule No.                                            Rule title                                          Revised          Submitted

                                           YSAQMD ................................                2.14    Architectural Coatings ............................................................    10/12/2016        01/24/2017



                                             We proposed to approve this rule                            October 4, 1993) and 13563 (76 FR 3821,                            copy of the rule, to each House of the
                                           because we determined that it complies                        January 21, 2011);                                                 Congress and to the Comptroller General
                                           with the relevant CAA requirements.                              • Is not an Executive Order 13771 (82                           of the United States. The EPA will
                                           Our proposed action contains more                             FR 9339, February 2, 2017) regulatory                              submit a report containing this action
                                           information on the rule and our                               action because SIP approvals are                                   and other required information to the
                                           evaluation.                                                   exempted under Executive Order 12866;                              U.S. Senate, the U.S. House of
                                                                                                            • Does not impose an information                                Representatives, and the Comptroller
                                           II. Public Comments and EPA
                                                                                                         collection burden under the provisions                             General of the United States prior to
                                           Responses
                                                                                                         of the Paperwork Reduction Act (44                                 publication of the rule in the Federal
                                             The EPA’s proposed action provided                          U.S.C. 3501 et seq.);                                              Register. A major rule cannot take effect
                                           a 30-day public comment period. During                           • Is certified as not having a                                  until 60 days after it is published in the
                                           this period, we received one comment                          significant economic impact on a                                   Federal Register. This action is not a
                                           in support of regulating VOC emissions,                       substantial number of small entities                               ‘‘major rule’’ as defined by 5 U.S.C.
                                           and another that was not germane to                           under the Regulatory Flexibility Act (5                            804(2).
                                           this rule.                                                    U.S.C. 601 et seq.);                                                 Under section 307(b)(1) of the Clean
                                                                                                            • Does not contain any unfunded                                 Air Act, petitions for judicial review of
                                           III. EPA Action
                                                                                                         mandate or significantly or uniquely                               this action must be filed in the United
                                             No comments were submitted that                             affect small governments, as described                             States Court of Appeals for the
                                           change our assessment of the rule as                          in the Unfunded Mandates Reform Act                                appropriate circuit by September 10,
                                           described in our proposed action.                             of 1995 (Pub. L. 104–4);                                           2018. Filing a petition for
                                           Therefore, as authorized in section                              • Does not have Federalism                                      reconsideration by the Administrator of
                                           110(k)(3) of the Act, the EPA is fully                        implications as specified in Executive                             this final rule does not affect the finality
                                           approving this rule into the California                       Order 13132 (64 FR 43255, August 10,                               of this action for the purposes of judicial
                                           SIP.                                                          1999);                                                             review nor does it extend the time
                                                                                                            • Is not an economically significant                            within which a petition for judicial
                                           IV. Incorporation by Reference
                                                                                                         regulatory action based on health or                               review may be filed, and shall not
                                             In this rule, the EPA is finalizing                         safety risks subject to Executive Order                            postpone the effectiveness of such rule
                                           regulatory text that includes                                 13045 (62 FR 19885, April 23, 1997);                               or action. This action may not be
                                           incorporation by reference. In                                   • Is not a significant regulatory action                        challenged later in proceedings to
                                           accordance with requirements of 1 CFR                         subject to Executive Order 13211 (66 FR                            enforce its requirements. (See section
                                           51.5, the EPA is finalizing the                               28355, May 22, 2001);                                              307(b)(2).)
                                           incorporation by reference of the                                • Is not subject to requirements of
                                                                                                                                                                            List of Subjects in 40 CFR Part 52
                                           YSAQMD rule described in the                                  Section 12(d) of the National
                                           amendments to 40 CFR part 52 set forth                        Technology Transfer and Advancement                                  Environmental protection, Air
                                           below. The EPA has made, and will                             Act of 1995 (15 U.S.C. 272 note) because                           pollution control, Incorporation by
                                           continue to make, these documents                             application of those requirements would                            reference, Ozone, Reporting and
                                           available through www.regulations.gov                         be inconsistent with the Clean Air Act;                            recordkeeping requirements, Volatile
                                           and at the EPA Region IX Office (please                       and                                                                organic compounds.
                                           contact the person identified in the FOR                         • Does not provide the EPA with the                               Dated: June 22, 2018.
                                           FURTHER INFORMATION CONTACT section of                        discretionary authority to address, as                             Deborah Jordan,
                                           this preamble for more information).                          appropriate, disproportionate human                                Acting Regional Administrator, Region IX.
                                                                                                         health or environmental effects, using
                                           V. Statutory and Executive Order                                                                                                   Part 52, chapter I, title 40 of the Code
                                                                                                         practicable and legally permissible
                                           Reviews                                                                                                                          of Federal Regulations is amended as
                                                                                                         methods, under Executive Order 12898
                                             Under the Clean Air Act, the                                (59 FR 7629, February 16, 1994).                                   follows:
                                           Administrator is required to approve a                           In addition, the SIP is not approved
                                           SIP submission that complies with the                         to apply on any Indian reservation land                            PART 52—APPROVAL AND
                                           provisions of the Act and applicable                          or in any other area where the EPA or                              PROMULGATION OF
                                           Federal regulations. 42 U.S.C. 7410(k);                       an Indian tribe has demonstrated that a                            IMPLEMENTATION PLANS
                                           40 CFR 52.02(a). Thus, in reviewing SIP                       tribe has jurisdiction. In those areas of                          ■ 1. The authority citation for part 52
                                           submissions, the EPA’s role is to                             Indian country, the rule does not have                             continues to read as follows:
                                           approve state choices, provided that                          tribal implications and will not impose
                                           they meet the criteria of the Clean Air                       substantial direct costs on tribal                                     Authority: 42 U.S.C. 7401 et seq.
                                           Act. Accordingly, this action merely                          governments or preempt tribal law as                               Subpart F—California
                                           approves state law as meeting Federal                         specified by Executive Order 13175 (65
                                           requirements and does not impose                              FR 67249, November 9, 2000).                                       ■ 2. Section 52.220 is amended by
                                           additional requirements beyond those                             The Congressional Review Act, 5
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                                                                                                                                                                            adding paragraphs (c)(293)(i)(B)(2) and
                                           imposed by state law. For that reason,                        U.S.C. 801 et seq., as added by the Small                          (c)(497)(i)(D)(2) to read as follows:
                                           this action:                                                  Business Regulatory Enforcement
                                             • Is not a significant regulatory action                    Fairness Act of 1996, generally provides                           § 52.220      Identification of plan-in part.
                                           subject to review by the Office of                            that before a rule may take effect, the                            *       *    *        *      *
                                           Management and Budget under                                   agency promulgating the rule must                                      (c) * * *
                                           Executive Orders 12866 (58 FR 51735,                          submit a rule report, which includes a                                 (293) * * *


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                                                              Federal Register / Vol. 83, No. 134 / Thursday, July 12, 2018 / Rules and Regulations                                           32213

                                             (i) * * *                                              letter denying the petition for                       ‘‘National Emission Standards for
                                             (B) * * *                                              reconsideration are available in the                  Hazardous Air Pollutants for Chemical
                                             (2) Previously approved on January 2,                  docket the EPA established under                      Recovery Combustion Sources at Kraft,
                                           2004 in paragraph (c)(293)(i)(B)(1) of                   Docket ID No. EPA–HQ–OAR–2014–                        Soda, Sulfite, and Stand-Alone
                                           this section and now deleted with                        0741. All documents in the docket are                 Semichemical Pulp Mills.’’ 82 FR
                                           replacement in (c)(497)(i)(D)(2), Rule                   listed on the www.regulations.gov                     47328. Following publication of the
                                           2.14, adopted on November 14, 2001.                      website. Although listed, some                        final RTR amendments, the
                                           *     *     *     *    *                                 information is not publicly available,                Administrator received a petition for
                                             (497) * * *                                            e.g., confidential business information               reconsideration of two aspects of the
                                             (i) * * *                                              or other information whose disclosure is              final RTR pursuant to CAA section
                                             (D) * * *                                              restricted by statute. Certain other                  307(d)(7)(B). The petitioners,
                                             (2) Rule 2.14, ‘‘Architectural                         material, such as copyrighted material,               Earthjustice on behalf of Crossett
                                           Coatings,’’ revised on October 12, 2016.                 is not placed on the internet and will be
                                                                                                                                                          Concerned Citizens for Environmental
                                                                                                    publicly available only in hard copy
                                           *     *     *     *    *                                                                                       Justice, Louisiana Environmental Action
                                                                                                    form. Publicly available docket
                                           [FR Doc. 2018–14946 Filed 7–11–18; 8:45 am]
                                                                                                    materials are available either                        Network, PT AirWatchers, and Sierra
                                           BILLING CODE 6560–50–P
                                                                                                    electronically through                                Club, claimed: (1) It was impracticable
                                                                                                    www.regulations.gov or in hard copy at                to object to the EPA’s rationale for not
                                                                                                    the EPA Docket Center (EPA/DC), Room                  setting additional standards for
                                           ENVIRONMENTAL PROTECTION                                                                                       uncontrolled emissions when the EPA
                                           AGENCY                                                   3334, EPA WJC West Building, 1301
                                                                                                    Constitution Ave. NW, Washington, DC.                 was conducting the review required by
                                           40 CFR Part 63                                           The Public Reading Room is open from                  CAA section 112(d)(6), and their
                                                                                                    8:30 a.m. to 4:30 p.m., Monday through                objections on this issue are of central
                                           [EPA–HQ–OAR–2014–0741; FRL–9980–84–                      Friday, excluding legal holidays. The                 relevance to the outcome of the rule;
                                           OAR]                                                     telephone number for the Public                       and (2) it was impracticable to object
                                                                                                    Reading Room is (202) 566–1744 and                    during the comment period to the EPA’s
                                           National Emission Standards for
                                           Hazardous Air Pollutants for Chemical                    the telephone number for the Air Docket               use of census block centroids to account
                                           Recovery Combustion Sources at                           is (202) 566–1742.                                    for the residual risk to the most exposed
                                           Kraft, Soda, Sulfite, and Stand-Alone                    II. Judicial Review                                   individual, and their objections on this
                                           Semichemical Pulp Mills                                                                                        issue are of central relevance to the
                                                                                                       Section 307(b)(1) of the Clean Air Act             outcome of the rule.
                                           AGENCY: Environmental Protection                         (CAA) indicates which Federal Courts of
                                                                                                    Appeals have venue for petitions for                     CAA section 307(d)(7)(B) requires the
                                           Agency (EPA).                                                                                                  EPA to convene a proceeding for
                                                                                                    review of final EPA actions. This section
                                           ACTION: Notification of final action                                                                           reconsideration of a rule if a party
                                                                                                    provides, in part, that the petitions for
                                           denying petition for reconsideration.                                                                          raising an objection to the rule ‘‘can
                                                                                                    review must be filed in the United
                                           SUMMARY:   The U.S. Environmental                        States Court of Appeals for the District              demonstrate to the Administrator that it
                                           Protection Agency (EPA) is providing                     of Columbia Circuit if: (1) The agency                was impracticable to raise such
                                           notice that it has responded to a petition               action consists of ‘‘nationally applicable            objection within [the public comment
                                           for reconsideration of the final National                regulations promulgated, or final action              period] or if the grounds for such
                                           Emission Standards for Hazardous Air                     taken, by the Administrator,’’ or (2) such            objection arose after the period for
                                           Pollutants (NESHAP) for Chemical                         actions are locally or regionally                     public comment (but within the time
                                           Recovery Combustion Sources at Kraft,                    applicable, if ‘‘such action is based on              specified for judicial review) and if such
                                           Soda, Sulfite, and Stand-Alone                           a determination of nationwide scope or                objection is of central relevance to the
                                           Semichemical Pulp Mills published in                     effect and if in taking such action the               outcome of the rule.’’ The requirement
                                           the Federal Register on October 11,                      Administrator finds and publishes that                to convene a proceeding to reconsider a
                                           2017. The Acting Administrator denied                    such action is based on such a                        rule is, thus, based on the petitioner
                                           the petition in a separate letter to the                 determination.’’                                      demonstrating to the EPA both: (1) That
                                           petitioners. The letter, which provides a                   The EPA has determined that its                    it was impracticable to raise the
                                           full explanation of the agency’s                         action denying the petition for                       objection during the comment period, or
                                           rationale for the denial, is in the                      reconsideration is nationally applicable              that the grounds for such objection arose
                                           rulemaking docket.                                       for purposes of CAA section 307(b)(1)                 after the comment period, but within
                                                                                                    because the action directly affects the               the time specified for judicial review
                                           DATES: July 12, 2018.
                                                                                                    NESHAP for Chemical Recovery                          (i.e., within 60 days after publication of
                                           FOR FURTHER INFORMATION CONTACT: Dr.                     Combustion Sources at Kraft, Soda,                    the final rulemaking in the Federal
                                           Kelley Spence, Sector Policies and                       Sulfite, and Stand-Alone Semichemical                 Register, see CAA section 307(b)(1));
                                           Programs Division (E143–03), Office of                   Pulp Mills, which are nationally
                                           Air Quality Planning and Standards,                                                                            and (2) that the objection is of central
                                                                                                    applicable CAA section 112 standards.                 relevance to the outcome of the rule.
                                           Environmental Protection Agency,                         Any petitions for review of the letter
                                           Research Triangle Park, North Carolina                   denying the petition for reconsideration                 The EPA carefully reviewed the
                                           27711; telephone number: (919) 541–                      must be filed in the United States Court              petition for reconsideration and
                                           3158; fax number: (919) 541–0516;                        of Appeals for the District of Columbia               evaluated the issues raised to determine
                                           email address: spence.kelley@epa.gov.                                                                          if they meet the CAA section
amozie on DSK3GDR082PROD with RULES




                                                                                                    Circuit by September 10, 2018.
                                           SUPPLEMENTARY INFORMATION:                                                                                     307(d)(7)(B) criteria for reconsideration.
                                                                                                    III. Description of Action                            In a separate letter to the petitioners, the
                                           I. How can I get copies of this document                    On October 11, 2017, pursuant to                   EPA Acting Administrator, Andrew R.
                                           and other related information?                           sections 112(d)(6) and (f)(2) of the CAA,             Wheeler, denied the petition for
                                             This Federal Register document, the                    the EPA published the final residual                  reconsideration. The letter is available
                                           petition for reconsideration, and the                    risk and technology review (RTR) of the               in the docket for this action.


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Document Created: 2018-11-06 10:22:33
Document Modified: 2018-11-06 10:22:33
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 is effective on August 13, 2018.
ContactArnold Lazarus, EPA Region IX, (415) 972-3024, [email protected]
FR Citation83 FR 32211 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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