Rule2021-23376
Air Plan Approval; California; Eastern Kern Air Pollution Control District
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 4, 2021
Effective
December 6, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Eastern Kern Air Pollution Control District (EKAPCD) portion of the California State Implementation Plan (SIP). This revision concerns EKAPCD's demonstration regarding reasonably available control technology (RACT) requirements and negative declarations for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS or "standards") in the portion of the Kern County nonattainment area under the jurisdiction of EKAPCD.
Full Text
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<title>Federal Register, Volume 86 Issue 211 (Thursday, November 4, 2021)</title>
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[Federal Register Volume 86, Number 211 (Thursday, November 4, 2021)]
[Rules and Regulations]
[Pages 60771-60773]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23376]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0524; FRL-8808-02-R9]
Air Plan Approval; California; Eastern Kern Air Pollution Control
District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the Eastern Kern Air Pollution Control
District (EKAPCD) portion of the California State Implementation Plan
(SIP). This revision concerns EKAPCD's demonstration regarding
reasonably available control technology (RACT) requirements and
negative declarations for the 2008 8-hour ozone National Ambient Air
Quality Standards (NAAQS or ``standards'') in the portion of the Kern
County nonattainment area under the jurisdiction of EKAPCD.
DATES: This rule will be effective on December 6, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2021-0524. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4126 or by
email at <a href="/cdn-cgi/l/email-protection#420e23356c0c2b212d2e27022732236c252d34"><span class="__cf_email__" data-cfemail="b4f8d5c39afaddd7dbd8d1f4d1c4d59ad3dbc2">[email protected]</span></a>.
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 August 25, 2021 (86 FR 47435), the EPA proposed to approve the
California Air Resources Board's (CARB) August 9, 2017 submittal of the
Eastern Kern Air Pollution Control District Reasonable Available
Control Technology (RACT) State Implementation Plan (SIP) for the 2008
Ozone National Ambient Air Quality Standards (NAAQS) (``2017 RACT
SIP'').
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Local agency Document Adopted Submitted
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EKAPCD............................... Eastern Kern Air Pollution Control 05/11/2017 08/09/2017
District Reasonable Available Control
Technology (RACT) State Implementation
Plan (SIP) for the 2008 Ozone National
Ambient Air Quality Standards (NAAQS)
(``2017 RACT SIP'').
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We proposed to approve this submittal because we determined that it
complies with the relevant Clean Air Act (``Act'') requirements. Our
proposed action contains more information on the submittal and our
evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.
III. EPA Action
This action is one of three EPA actions on the EKAPCD 2017 RACT SIP
submittal. The other two actions are as follows:
(1) On January 14, 2021 (86 FR 3816), the EPA approved EKAPCD's
negative declaration for the Control Techniques Guidelines (CTG)
category associated with the Oil and Natural Gas Industry (EPA-453/
B-16-001). We assessed internet sites for California's Department of
Conservation Geologic Energy Management Division's (CalGEM) Well
Finder, CARB's pollution mapping tool, and the California Energy
Commission's California Natural Gas Pipelines and determined there
were no oil and gas operations within EKAPCD's jurisdiction convered
by the Oil and Natural Gas CTG.\1\
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\1\ Technical Support Document for EPA's Clean Air Act
Rulemaking for the California State Implementation Plan Eastern Kern
County Air Pollution Control District Negative Declaration for
Control Techniques Guidelines for the Oil and Natural Gas Industry,
dated August 2020 and prepared by Sina Schwenk-Mueller.
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(2) The amended rules for major source oxides of nitrogen
(NO<INF>X</INF>) were submitted separately on May 23, 2018, and
August 22, 2018. These rules and the RACT certification
[[Page 60772]]
for major source NO<INF>X</INF> will be addressed in a separate
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action.
This action addresses the remainder of the 2017 RACT SIP
submission. Additional details about the submission and the EPA's
separate actions thereon are available in the proposed action (86 FR
47435) and the technical support document (TSD).
No comments were submitted on the proposed action. Therefore, as
authorized in section 110(k)(3) of the Act, the EPA is approving the
2017 RACT SIP into the California SIP.
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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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 January 3, 2022. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: October 20, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
For the reasons stated in the preamble, the Environmental
Protection Agency amends part 52, chapter I, title 40 of the Code of
Federal Regulations 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 paragraph (c)(503)(ii)(A)(2) to
read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(503) * * *
(ii) * * *
(A) * * *
(2) Reasonable Available Control Technology (RACT) State
Implementation Plan (SIP) for the 2008 Ozone National Ambient Air
Quality Standards (NAAQS) except the portion addressing the Negative
Declaration for the Oil and Natural Gas CTG, as adopted on May 11,
2017.
* * * * *
0
3. Section 52.222 is amended by revising paragraph (a)(16)(i) to read
as follows:
Sec. 52.222 Negative declarations.
(a) * * *
(16) * * *
(i) The following negative declarations for the 2008 ozone standard
were adopted by the District on May 11, 2017 and submitted to the EPA
on August 9, 2017:
Table 16 to Paragraph (a)(16)(i)
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EPA document No. Title
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EPA-450/2-77-008.................. Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume II: Surface Coating
of Cans.
[[Page 60773]]
EPA-450/2-77-008.................. Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume II: Surface Coating
of Coils.
EPA-450/2-77-008.................. Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume II: Surface Coating
of Paper.
EPA-450/2-77-008.................. Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume II: Surface Coating
of Fabrics.
EPA-450/2-77-008.................. Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume II: Surface Coating
of Automobiles, and Light-Duty
Trucks.
EPA-450/2-77-025.................. Control of Refinery Vacuum Producing
Systems, Wastewater Separators, and
Process Unit Turnarounds.
EPA-450/2-77-026.................. Control of Hydrocarbons from Tank
Truck Gasoline Loading Terminals.
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-450/2-77-035.................. Control of Volatile Organic
Emissions from Bulk Gasoline
Plants.
EPA-450/2-77-036.................. Control of Volatile Organic
Emissions from Storage of Petroleum
Liquids in Fixed-Roof Tanks.
EPA-450/2-77-037.................. Control of Volatile Organic
Emissions from Use of Cutback
Asphalt.
EPA-450/2-78-029.................. Control of Volatile Organic
Emissions from Manufacture of
Synthesized Pharmaceutical
Products.
EPA-450/2-78-030.................. Control of Volatile Organic
Emissions from Manufacture of
Pneumatic Rubber Tires.
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-450/2-78-047.................. Control of Volatile Organic
Emissions from Petroleum Liquid
Storage in External Floating Roof
Tanks.
EPA-450/3-82-009.................. Control of Volatile Organic Compound
Emissions from Large Petroleum Dry
Cleaners.
EPA-450/3-83-006.................. Control of Volatile Organic Compound
Leaks from Synthetic Organic
Chemical Polymer and Resin
Manufacturing Equipment.
EPA-450/3-83-007.................. Control of Volatile Organic Compound
Equipment Leaks from Natural Gas/
Gasoline Processing Plants.
EPA-450/3-83-008.................. Control of Volatile Organic Compound
Emissions from Manufacture of High-
Density Polyethylene,
Polypropylene, and Polystyrene
Resins.
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-06-001.................. Control Techniques Guidelines for
Industrial Cleaning Solvents.
EPA-453/R-06-002.................. Control Technology Guidelines for
Offset Lithographic Printing and
Letterpress Printing.
EPA-453/R-06-003.................. Control Techniques Guidelines for
Flexible Package Printing.
EPA-453/R-06-004.................. Control Technique Guidelines for
Flat Wood Paneling Coatings.
EPA-453/R-07-003.................. Control Techniques Guidelines for
Paper Coatings.
EPA-453/R-07-003.................. Control Techniques Guidelines for
Film Coatings.
EPA-453/R-07-003.................. Control Techniques Guidelines for
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-08-004.................. Control Techniques Guidelines for
Fiberglass Boat Manufacturing
Materials.
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-94-032.................. Alternative Control Technology
Document--Surface Coating
Operations at Shipbuilding and Ship
Repair Facilities and Control
Techniques Guidelines for
Shipbuilding and Ship Repair
Operations (Surface Coating), see
the Federal Register of 8/27/96.
EPA-453/B-16-001.................. Control Techniques Guidelines for
the Oil and Natural Gas Industry.
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[FR Doc. 2021-23376 Filed 11-3-21; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.