Rule2022-13378
Air Plan Approval; California; San Diego County; Reasonably Available Control Technology
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
June 29, 2022
Effective
June 29, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve revisions to the San Diego Air Pollution Control District (SDAPCD or "District") portion of the California State Implementation Plan (SIP). These revisions concern SDAPCD's negative declarations for certain Control Techniques Guidelines (CTGs) as they apply to the 2008 and 2015 ozone national ambient air quality standards (NAAQS or "standards") reasonably available control technology (RACT) SIP. We are approving revisions that regulate these emission sources under the Clean Air Act (CAA or the Act). This approval stops all sanction and federal implementation plan clocks started by our December 3, 2020 partial approval and partial disapproval.
Full Text
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<title>Federal Register, Volume 87 Issue 124 (Wednesday, June 29, 2022)</title>
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[Federal Register Volume 87, Number 124 (Wednesday, June 29, 2022)]
[Rules and Regulations]
[Pages 38665-38668]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13378]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0253; FRL-9611-02-R9]
Air Plan Approval; California; San Diego County; Reasonably
Available Control Technology
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the San Diego Air Pollution Control
District (SDAPCD or ``District'') portion of the California State
Implementation Plan (SIP). These revisions concern SDAPCD's negative
declarations for certain Control Techniques Guidelines (CTGs) as they
apply to the 2008 and 2015 ozone national ambient air quality standards
(NAAQS or ``standards'') reasonably available control technology (RACT)
SIP. We are approving revisions that regulate these emission sources
under the Clean Air Act (CAA or the Act). This approval stops all
sanction and federal implementation plan clocks started by our December
3, 2020 partial approval and partial disapproval.
DATES: This rule is effective June 29, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2022-0253. 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.
[[Page 38666]]
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: Sina Schwenk-Mueller, EPA Region IX,
75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4100 or
by email at <a href="/cdn-cgi/l/email-protection#d784b4bfa0b2b9bc9aa2b2bbbbb2a5f984beb9b697b2a7b6f9b0b8a1"><span class="__cf_email__" data-cfemail="386b5b504f5d5653754d5d54545d4a166b515659785d4859165f574e">[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 April 13, 2022 (87 FR 21822), the EPA proposed to approve the
following rule into the California SIP.
Table 1--Submitted Document \1\
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Local agency Document Adopted Submitted
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SDAPCD..................................... ``2020 Reasonably Available Control 10/14/2020 12/29/2020
Technology Demonstration for the
National Ambient Air Quality
Standards For Ozone in San Diego
County, October 2020 (2020 RACT
SIP)--Negative Declarations for
the 2008 and 2015 NAAQS:.
Control of Volatile Organic
Emissions from Manufacture of
Synthesized Pharmaceutical
Products (EPA-450/2-78-029).
Control Techniques Guidelines
for Fiberglass Boat
Manufacturing Materials (EPA-
453/R-08-004).
Control Techniques Guidelines
for Miscellaneous Metal and
Plastic Parts Coatings (EPA-453/
R-08-003); Table 3--Plastic
Parts and Products, Table 4--
Automotive/Transportation and
Business Machine Plastic Parts,
Table 5--Pleasure Craft Surface
Coating, Table 6--Motor Vehicle
Materials.
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We proposed to approve these revisions because we determined that
they comply with the relevant CAA requirements. Our proposed action
contains more information on the rule and our evaluation.
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\1\ The EPA is only acting on the negative declarations for the
Control Techniques Guidelines (CTGs) for Synthesized Pharmaceutical
Products, Fiberglass Boat Manufacturing Materials, and Miscellaneous
Metal and Plastic Products, Tables 3-6. The EPA will propose
separate action on the remainder of the 2020 SDAPCD RACT SIP
submittal at a future date.
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II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received one non-germane comment. Therefore, we
are finalizing our action as proposed.
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 the negative
declarations into the California SIP. This approval stops all sanction
and federal implementation plan clocks started by our December 3, 2020
partial approval and partial disapproval actions on the SDAPCD RACT
SIP.
In accordance with 5 U.S.C. 553(d) of the Administrative Procedure
Act (APA), the EPA finds there is good cause for this action to become
effective immediately upon publication. The immediate effective date
for this action is authorized under 5 U.S.C. 553(d)(1).
Section 553(d)(1) of the APA provides that final rules shall not
become effective until 30 days after publication in the Federal
Register ``except . . . a substantive rule which grants or recognizes
an exemption or relieves a restriction.'' The purpose of this provision
is to ``give affected parties a reasonable time to adjust their
behavior before the final rule takes effect.'' Omnipoint Corp. v. Fed.
Commc'n Comm'n, 78 F.3d 620, 630 (DC Cir. 1996); see also United States
v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting legislative
history). However, when the agency grants or recognizes an exemption or
relieves a restriction, affected parties do not need a reasonable time
to adjust because the effect is not adverse. The EPA has determined
that this rule relieves a restriction because this rule terminates the
sanctions and federal implementation plan clocks started by our
December 3, 2020 partial approval and partial disapproval. Upon the
effective date of this action, the sanctions and federal implementation
plan clocks will stop. For this reason, the EPA finds good cause under
5 U.S.C. 553(d)(1) for this action to become effective on the date of
publication of this action.
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
[[Page 38667]]
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).
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: June 14, 2022.
Martha Guzman Aceves,
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)(573) through
(584) and to read as follows:
Sec. 52.220 Identification of plan--in part.
(c) * * *
(573) through (583) [Reserved]
(584) The following plan was submitted on December 29, 2020, by the
Governor's designee as an attachment to a letter dated December 28,
2020.
(i) [Reserved]
(ii) Additional materials.
(A) San Diego County Air Pollution Control District.
(1) Negative Declaration for ``Control of Volatile Organic
Emissions from Manufacture of Synthesized Pharmaceutical Products,''
EPA-450/2-78-029, December 1978, as submitted in the 2020 Reasonably
Available Control Technology Demonstration for the National Ambient Air
Quality Standards for Ozone in San Diego County, adopted on October 14,
2020.
(2) Negative Declaration for ``Control Techniques Guidelines for
Miscellaneous Metal and Plastic Parts Coatings,'' EPA-453/R-08-003,
September 2008 (Tables 3-6), as submitted in the 2020 Reasonably
Available Control Technology Demonstration for the National Ambient Air
Quality Standards for Ozone in San Diego County, adopted on October 14,
2020.
(3) Negative Declaration for ``Control Techniques Guidelines for
Fiberglass Boat Manufacturing Materials,'' EPA-453/R-08-004, September
2008, as submitted in the 2020 Reasonably Available Control Technology
Demonstration for the National Ambient Air Quality Standards for Ozone
in San Diego County, adopted on October 14, 2020.
(B) [Reserved]
0
3. Section 52.222 is amended by revising paragraph (a)(5)(ii) and
adding paragraph (a)(5)(iii) to read as follows:
Sec. 52.222 Negative declarations.
(a) * * *
(5) * * *
(i) * * *
(ii) The following negative declarations for the 2008 ozone NAAQS
were adopted by the San Diego Air Pollution Control District.
Table 4 to Paragraph (a)(5)(ii)--Negative Declarations for the 2008 Ozone NAAQS
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Adopted: 12/14/2016 Adopted: 10/14/2020
CTG document No. Title Submitted: 04/12/2017 SIP Submitted: 12/29/2020 SIP
Approved: 12/03/2020 Approved: 6/29/2022
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EPA-450/2-77-008............... Control of Volatile X ..........................
Organic Emissions from
Existing Stationary
Sources--Volume II:
Surface Coating of
Cans, Coils, Paper,
Fabrics, Automobiles,
and Light-Duty Trucks
(Automobiles, and
light-duty truck
coatings only).
EPA-450/2-77-025............... Control of Refinery
Vacuum Producing
Systems, Wastewater
Separators, and
Process Unit
Turnarounds.
EPA-450/2-77-032............... Control of Volatile X ..........................
Organic Emissions from
Existing Stationary
Sources--Volume III:
Surface Coating of
Metal Furniture.
EPA-450/2-77-033............... Control of Volatile X ..........................
Organic Emissions from
Existing Stationary
Sources--Volume IV:
Surface Coating of
Insulation of Magnet
Wire.
EPA-450/2-77-034............... Control of Volatile X ..........................
Organic Emissions from
Existing Stationary
Sources--Volume V:
Surface Coating of
Large Appliances.
EPA-450/2-78-029............... Control of Volatile .......................... X
Organic Emissions from
Manufacture of
Synthesized
Pharmaceutical
Products.
[[Page 38668]]
EPA-450/2-78-030............... Control of Volatile X ..........................
Organic Emissions from
Manufacture of
Pneumatic Rubber Tires.
EPA-450/2-78-032............... Control of Volatile X ..........................
Organic Emissions from
Existing Stationary
Sources--Volume VII:
Factory Surface
Coating of Flat Wood
Paneling.
EPA-450/2-78-036............... Control of Volatile X ..........................
Organic Compound Leaks
from Petroleum
Refinery Equipment.
EPA-450/3-82-009............... Control of Volatile X ..........................
Organic Compound
Emissions from Large
Petroleum Dry Cleaners.
EPA-450/3-83-006............... Control of Volatile X ..........................
Organic Compound Leaks
from Synthetic Organic
Chemical Polymer and
Resin Manufacturing
Equipment.
EPA-450/3-83-007............... Control of Volatile X ..........................
Organic Compound
Equipment Leaks from
Natural Gas/Gasoline
Processing Plants.
EPA-450/3-83-008............... Control of Volatile X ..........................
Organic Compound
Emissions from
Manufacture of High-
Density Polyethylene,
Polypropylene, and
Polystyrene Resins.
EPA-450/3-84-015............... Control of Volatile X ..........................
Organic Compound
Emissions from Air
Oxidation Processes in
Synthetic Organic
Chemical Manufacturing
Industry.
EPA-450/4-91-031............... Control of Volatile X ..........................
Organic Compound
Emissions from Reactor
Processes and
Distillation
Operations in
Synthetic Organic
Chemical Manufacturing
Industry.
EPA-453/R-97-004............... Control of Volatile X ..........................
Organic Compound
Emissions from Coating
Operations at
Aerospace
Manufacturing and
Rework Operations.
Aerospace MACT, see the
Federal Register of 06/
06/94.
EPA-453/R-06-004............... Control Techniques X ..........................
Guidelines for Flat
Wood Paneling Coatings.
EPA 453/R-07-004............... Control Techniques X ..........................
Guidelines for Large
Appliance Coatings.
EPA 453/R-07-005............... Control Techniques X ..........................
Guidelines for Metal
Furniture Coatings.
EPA-453/R-08-003............... Control Techniques .......................... X
Guidelines for
Miscellaneous Metal
and Plastic Parts
Coatings Tables 3-6.
EPA-453/R-08-004............... Control Techniques .......................... X
Guidelines for
Fiberglass Boat
Manufacturing
Materials.
EPA-453/R-08-006............... Control Techniques X ..........................
Guidelines for
Automobile and Light-
Duty Truck Assembly
Coatings.
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(iii) The following negative declarations for the 2015 ozone NAAQS
were adopted by the San Diego County Air Pollution Control District.
Table 5 to Paragraph (a)(5)(iii)--Negative Declarations for the 2015 Ozone NAAQS
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Adopted: 10/14/2020
CTG document No. Title Submitted: 12/29/2020 SIP
Approved: 6/29/2022
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EPA-450/2-78-029............................. Control of Volatile Organic Emissions X
from Manufacture of Synthesized
Pharmaceutical Products.
EPA-453/R-08-003............................. Control Techniques Guidelines for X
Miscellaneous Metal and Plastic
Parts Coatings Tables 3-6.
EPA-453/R-08-004............................. Control Techniques Guidelines for X
Fiberglass Boat Manufacturing
Materials..
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0
4. Section 52.237 is amended by removing and reserving paragraphs
(b)(2)(i)(C), (b)(2)(i)(E), and (b)(2)(i)(G).
[FR Doc. 2022-13378 Filed 6-28-22; 8:45 am]
BILLING CODE 6560-50-P
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