83 FR 5921 - Approval of California Air Plan Revisions, Mojave Desert Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 29 (February 12, 2018)

The Environmental Protection Agency (EPA) is taking final action to approve and conditionally approve revisions to the Mojave Desert Air Quality Management District (MDAQMD or ``District'') portion of the California State Implementation Plan (SIP). These revisions concern the District's demonstration regarding Reasonably Available Control Technology (RACT) requirements for the 1997 8-hour ozone and the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS or ``standard'') in the portion of the Western Mojave Desert ozone nonattainment area under the jurisdiction of the MDAQMD. The EPA is also taking final action to approve MDAQMD negative declarations into the SIP for the 2008 ozone standard. We are approving and conditionally approving local SIP revisions under the Clean Air Act (CAA or the Act).

[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)]
[Rules and Regulations]
[Pages 5921-5923]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02671]



[[Page 5921]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0564; FRL-9973-56-Region 9]


Approval of California Air Plan Revisions, Mojave Desert Air 
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve and conditionally approve revisions to the Mojave 
Desert Air Quality Management District (MDAQMD or ``District'') portion 
of the California State Implementation Plan (SIP). These revisions 
concern the District's demonstration regarding Reasonably Available 
Control Technology (RACT) requirements for the 1997 8-hour ozone and 
the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS or 
``standard'') in the portion of the Western Mojave Desert ozone 
nonattainment area under the jurisdiction of the MDAQMD. The EPA is 
also taking final action to approve MDAQMD negative declarations into 
the SIP for the 2008 ozone standard. We are approving and conditionally 
approving local SIP revisions under the Clean Air Act (CAA or the Act).

DATES: This rule is effective on March 14, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-EPA-R09-OAR-2017-0564. 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: Nancy Levin, EPA Region IX, (415) 942-
3848, [email protected].

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

Table of Contents

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

I. Proposed Action

    On November 17, 2017 (82 FR 54309), the EPA proposed to approve the 
following documents into the California SIP.

                      Table 1--Submitted Documents
------------------------------------------------------------------------
     Local agency           Document          Adopted        Submitted
------------------------------------------------------------------------
MDAQMD...............  MDAQMD 8-Hour             9/25/06       7/11/2007
                        Reasonably
                        Available
                        Control
                        Technology--Stat
                        e Implementation
                        Plan Analysis
                        (RACT SIP
                        Analysis) ``2006
                        RACT SIP''.
MDAQMD...............  MDAQMD 2015 8-            2/23/15        9/9/2015
                        Hour Reasonably
                        Available
                        Control
                        Technology--Stat
                        e Implementation
                        Plan Analysis
                        (2015 RACT SIP
                        Analysis) ``2015
                        RACT SIP''.
MDAQMD...............  MDAQMD Federal            2/23/15        9/9/2015
                        Negative
                        Declarations for
                        Nineteen Control
                        Techniques
                        Guidelines
                        Source
                        Categories
                        ``Negative
                        Declarations for
                        19 CTGs''.
------------------------------------------------------------------------

    Specifically, the EPA proposed to partially conditionally approve 
MDAQMD's 2006 and 2015 RACT SIPs with respect to Rule 461, Gasoline 
Transfer and Dispensing; Rule 462, Organic Liquid Loading; Rule 463, 
Storage of Organic Liquids; Rule 1104, Organic Solvent Degreasing; Rule 
1114, Wood Products Coating Operations; Rule 1115, Metal Parts and 
Product Coating Operations; Rule 1157, Boilers and Process Heaters; 
Rule 1160, Internal Combustion Engines; Rule 1161, Portland Cement 
Kilns; and Rule 1162, Polyester Resin Operations. Simultaneously, the 
EPA proposed to partially approve the remainder of MDAQMD's 2006 and 
2015 RACT SIPs, and to fully approve MDAQMD's negative declarations, 
submitted on September 9, 2015.\1\
---------------------------------------------------------------------------

    \1\ The EPA noted in its proposal that it was proposing approval 
of MDAQMD Rule 1106, Marine and Pleasure Craft Coating Operations, 
in parallel with the RACT SIP proposal. The EPA is finalizing its 
approval of Rule 1106 in a separate notice in today's Federal 
Register.
---------------------------------------------------------------------------

    We proposed to approve and conditionally approve these submittals 
because we determined that they mostly complied with the relevant CAA 
requirements, and where deficiencies were identified, the District 
issued a commitment to address these deficiencies pursuant to 42 U.S.C. 
7410(k)(4). Our proposed action contains more information on the 
submittals 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 four anonymous comments. Commenters 
generally raised issues that are outside of the scope of this 
rulemaking, including forest management, wildfire suppression, 
greenhouse-gas and other non-ozone-precursor emissions from wildfires, 
and the Cross-State Air Pollution Rule. While some commenters suggested 
that ozone precursor emissions from wildfires should be regulated, 
wildfires do not fall within a category for which a RACT submission is 
required under section 182(b)(2) of the Act, and thus fall outside the 
scope of the present rulemaking. The EPA is required to approve a state 
submittal if the submittal meets all applicable requirements. 42 U.S.C. 
7410(k)(3). Commenters did not raise any specific issues germane to the 
approvability of the MDAQMD RACT SIPs and negative declarations.

III. EPA Action

    No comments were submitted that change our assessment of the SIP 
submittals as described in our proposed action. Therefore, as 
authorized in section 110(k)(3) and (4) of the Act, the EPA is 
conditionally approving MDAQMD's 2006 and 2015 RACT SIPs with respect 
to Rule 461, Gasoline Transfer and Dispensing; Rule 462, Organic Liquid 
Loading; Rule 463, Storage of Organic Liquids; Rule 1104, Organic 
Solvent Degreasing; Rule 1114, Wood Products Coating Operations; Rule 
1115, Metal Parts and Product Coating Operations; Rule 1157, Boilers 
and Process Heaters; Rule 1160, Internal Combustion Engines; Rule 1161, 
Portland Cement Kilns; and Rule 1162, Polyester Resin Operations, and 
fully approving the remainder of MDAQMD's 2006 and 2015 RACT SIPs. The 
EPA is also fully approving MDAQMD's

[[Page 5922]]

negative declarations, submitted on September 9, 2015.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by April 13, 2018. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: January 24, 2018.
Alexis Strauss,
Acting Regional Administrator, Region IX.

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

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. Section 52.220 is amended by
0
a. Revising the heading for paragraph (c)(382)(ii); and
0
b. Adding paragraphs (c)(382)(ii)(E) and (c)(499).
    The revision and addtions read as follows:


Sec.  52.220   Identification of plan--in part.

* * * * *
    (c) * * *
    (382) * * *
    (ii) Additional materials.
* * * * *
    (E) Mojave Desert Air Quality Management District.
    (1) 8-Hour Reasonably Available Control Technology--State 
Implementation Plan Analysis (RACT SIP Analysis), August 2006, adopted 
on January 22, 2007.
* * * * *
    (499) The following plan was submitted on September 9, 2015 by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional materials.
    (A) Mojave Desert Air Quality Management District.
    (1) 8-Hour Reasonably Available Control Technology--State 
Implementation Plan Analysis (RACT SIP Analysis), February 2015, 
adopted on February 23, 2015.
    (2) Mojave Desert Air Quality Management District Federal Negative 
Declaration (8 hr Ozone Standard) for Nineteen CTG Categories, signed 
January 13, 2015 and adopted on February 23, 2015.
* * * * *

0
3. Section 52.222 is amended by adding paragraph (a)(1)(vii) to read as 
follows:


Sec.  52.222   Negative declarations.

    (a) * * *
    (1) * * *
    (vii) The following negative declarations for the 2008 ozone NAAQS 
were adopted by the District on February 23, 2015 and submitted to EPA 
on September 9, 2015.

[[Page 5923]]



------------------------------------------------------------------------
     CTG source category                 CTG reference document
------------------------------------------------------------------------
Large Petroleum Dry Cleaners.  EPA 450/3-82-009, 9/82 Control of VOC
                                Emissions from Large Petroleum Dry
                                Cleaners.
Manufacture of High-Density    EPA-450/3-83-008, 11/83 Control of
 Polyethylene, Polypropylene,   Volatile Organic Compound Emissions from
 and Polystyrene Resins.        Manufacture of High-Density
                                Polyethylene, Polypropylene, and
                                Polystyrene Resins.
Manufacture of Pneumatic       EPA-450/2-78-030, 12/78 Control of
 Rubber Tires.                  Volatile Organic Emissions from
                                Manufacture of Pneumatic Rubber Tires.
Surface Coating of Cans......  EPA-450/2-77-008, 5/77 Control of
                                Volatile Organic Emissions from Existing
                                Stationary Sources--Vol. II: Surface
                                Coating of Cans, Coils, Paper, Fabrics,
                                Automobiles, and Light-Duty Trucks.
Surface Coating of Coils.....  EPA-450/2-77-008, 5/77 Control of
                                Volatile Organic Emissions from Existing
                                Stationary Sources--Vol. II: Surface
                                Coating of Cans, Coils, Paper, Fabrics,
                                Automobiles, and Light-Duty Trucks.
Surface Coating Operations at  EPA 453/R-08-006, 09/08 Control Technique
 Automotive and Light Duty      Guidelines for Automobile and Light-Duty
 Truck Assembly Plants.         Truck Assembly Coatings.
                               EPA-450/2-77-008, 5/77 Control of
                                Volatile Organic Emissions from Existing
                                Stationary Sources--Vol. II: Surface
                                Coating of Cans, Coils, Paper, Fabrics,
                                Automobiles, and Light-Duty Trucks.
Large Appliances, Surface      EPA-450/2-77-034, 12/77 Control of
 Coatings.                      Volatile Organic Emissions from Existing
                                Stationary Sources--Volume V: Surface
                                Coating of Large Appliances.
                               EPA 453/R-07-004, 09/07 Control
                                Techniques Guidelines for Large
                                Appliance Coatings.
Surface Coating of Magnet      EPA-450/2-77-033, 12/77 Control of
 Wire.                          Volatile Organic Emissions from Existing
                                Stationary Sources, Volume IV: Surface
                                Coating of Insulation of Magnet Wire.
Vacuum Producing Devices or    EPA-450/2-77-025, 10/77 Control of
 Systems.                       Refinery Vacuum Producing Systems,
                                Wastewater Separators, and Process Unit
                                Turnarounds.
Leaks from Petroleum Refinery  EPA-450/2-77-025, 10/77 Control of
 Equipment.                     Refinery Vacuum Producing Systems,
                                Wastewater Separators, and Process Unit
                                Turnarounds.
Process Unit Turnarounds.....  EPA-450/2-77-025, 10/77 Control of
                                Refinery Vacuum Producing Systems,
                                Wastewater Separators, and Process Unit
                                Turnarounds.
Equipment Leaks from Natural   EPA-450/3-83-007,12/83 Control of
 Gas/Gasoline Processing        Volatile Organic Compound Equipment
 Plants.                        Leaks from Natural Gas/Gasoline
                                Processing Plants.
Manufacture of Synthesized     EPA-450/2-78-029, 12/78 Control of
 Pharmaceutical Products.       Volatile Organic Emissions from
                                Manufacture of Synthesized
                                Pharmaceutical Products.
Air Oxidation Processes        EPA-450/3-84-015, 12/84 Control of
 (SOCMI).                       Volatile Organic Compound Emissions from
                                Air Oxidation Process in Synthetic
                                Organic Chemical Manufacturing Industry
                                (SOCMI).
Reactor and Distillation       EPA-450/4-91-031, 08/93 Control of
 Processes (SOCMI).             Volatile Organic Compound Emissions from
                                Reactor Process and Distillation
                                Operations in SOCMI.
Equipment used in Synthetic    EPA-450/3-83-006, 03/84 Control of
 Organic Chemical Polymers      Volatile Organic Compound Leaks from
 and Resin Manufacturing.       Synthetic Organic Chemical Polymer and
                                Resin Manufacturing Equipment.
Leaks from Petroleum Refinery  EPA-450/2-78-036, 06/78 Control of
 Equipment.                     Volatile Organic Compound Leaks from
                                Petroleum Refinery Equipment.
Metal Furniture Coating......  EPA-450/2-77-032, 12/77 Control of
                                Volatile Organic Emissions from Existing
                                Stationary Sources--Volume III: Surface
                                Coating of Metal Furniture.
                               EPA 453/R-07-005, 09/07 Control
                                Techniques Guidelines for Metal
                                Furniture Coatings.
Flat Wood Paneling...........  EPA-450/2-78-032, 06/78 Control of
                                Volatile Organic Emissions from Existing
                                Stationary Sources--Volume VII: Factory
                                Surface Coating of Flat Wood Paneling.
                               EPA-453/R-06-004, 09/06 Control
                                Techniques Guidelines for Flat Wood
                                Paneling Coatings.
------------------------------------------------------------------------

* * * * *

0
4. Section 52.248 is amended by adding paragraph (d) to read as 
follows:


Sec.  52.248   Identification of plan--conditional approval.

* * * * *
    (d) The EPA is conditionally approving portions of the California 
SIP revisions submitted on July 11, 2007 and September 9, 2015, 
demonstrating control measures in the Mojave Desert portion of the Los 
Angeles-San Bernardino Counties (West Mojave Desert) nonattainment area 
implement RACT for the 1997 and 2008 ozone standards. The conditional 
approval is based on a commitment from the state to submit new or 
revised rules that will correct deficiencies in the following rules for 
the Mojave Desert Air Quality Management District: (i) Rule 461, 
Gasoline Transfer and Dispensing; (ii) Rule 462, Organic Liquid 
Loading; (iii) Rule 463, Storage of Organic Liquids; (iv) Rule 1104, 
Organic Solvent Degreasing; (v) Rule 1114, Wood Products Coating 
Operations; (vi) Rule 1115, Metal Parts and Product Coating Operations; 
(vii) Rule 1157, Boilers and Process Heaters; (viii) Rule 1160, 
Internal Combustion Engines; (ix) Rule 1161, Portland Cement Kilns; and 
(x) Rule 1162, Polyester Resin Operations. If the State fails to meet 
its commitment by January 31, 2019, the conditional approval is treated 
as a disapproval.

[FR Doc. 2018-02671 Filed 2-9-18; 8:45 am]
 BILLING CODE 6560-50-P