Rule2022-27871
Air Plan Approval; California; San Diego County 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
January 17, 2023
Effective
February 16, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve a revision to the San Diego County Air Pollution Control District's (SDCAPCD or "District") portion of the California State Implementation Plan (SIP). This revision concerns a negative declaration for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS) in the ozone nonattainment area under the jurisdiction of the SDCAPCD and one volatile organic compound (VOC) rule covering transfer of organic compounds into mobile transport trucks. We are approving a local rule to regulate these emission sources under the Clean Air Act (CAA or "the Act") and the negative declaration. We are also correcting sections in the Code of Federal Regulations (CFR) to reflect the current status of certain provisions of the California SIP.
Full Text
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<title>Federal Register, Volume 88 Issue 10 (Tuesday, January 17, 2023)</title>
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[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Rules and Regulations]
[Pages 2538-2541]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27871]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0439; FRL-9870-02-R9]
Air Plan Approval; California; San Diego County 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 San Diego County Air Pollution
Control District's (SDCAPCD or ``District'') portion of the California
State Implementation Plan (SIP). This revision concerns a negative
declaration for the 2008 8-hour ozone National Ambient Air Quality
Standards (NAAQS) in the ozone nonattainment area under the
jurisdiction of the SDCAPCD and one volatile organic compound (VOC)
rule covering transfer of organic compounds into mobile transport
trucks. We are approving a local rule to regulate these emission
sources under the Clean Air Act (CAA or ``the Act'') and the negative
declaration. We are also correcting sections in the Code of Federal
Regulations (CFR) to reflect the current status of certain provisions
of the California SIP.
DATES: This rule is effective on February 16, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2022-0439. 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: Donnique Sherman, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4129 or by
email at <a href="/cdn-cgi/l/email-protection#bbc8d3dec9d6dad595dfd4d5d5d2cacedefbdecbda95dcd4cd"><span class="__cf_email__" data-cfemail="3b48535e49565a55155f545555524a4e5e7b5e4b5a155c544d">[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. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On June 3, 2022 (87 FR 33697), the EPA proposed to approve the
following submittals into the California SIP.
----------------------------------------------------------------------------------------------------------------
Adopted/
Local agency Document title amended Submitted
----------------------------------------------------------------------------------------------------------------
SDCAPCD.................................... Rule 61.2 Transfer of Organic 02/10/2021 04/20/2021
Compounds into Mobile Transport
Tanks.
SDCAPCD.................................... 2020 Reasonably Available Control 10/14/2020 12/29/2020
Technology (RACT) Demonstration
for the National Ambient Air
Quality Standards for Ozone in San
Diego County, October 2020--
Negative Declaration for Non-CTG
Major VOC Sources.
----------------------------------------------------------------------------------------------------------------
As mentioned in our proposed action, these submittals correct
deficiencies identified in the EPA's December 3, 2020 (85 FR 77996)
partial disapproval of SDCAPCD's 2008 Eight-Hour Ozone Reasonably
Available Control Technology Demonstration for San Diego County (``2008
RACT SIP''). SDCAPCD Rule 61.2 is designed to decrease VOC emissions
during the transfer of liquid compounds into mobile transport tanks.
The submitted negative declaration is a formally adopted declaration
that there are currently no sources of VOC emissions in the portion of
the ozone nonattainment area regulated by SDCAPCD that exceed the 100
tons per year VOC threshold for Moderate ozone nonattainment areas and
are not covered by a Control Techniques Guidelines (CTG) document. We
proposed to approve these submittals because we have determined that
they comply with
[[Page 2539]]
the relevant CAA requirements. 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 the comment period we received one comment in support of the
EPA's June 3, 2022 proposed action.
III. EPA Action
No comments were submitted that change our assessment of the
submittals as described in our proposed action. Therefore, as
authorized in section 110(k)(3) of the Act, the EPA is fully approving
into the California SIP SDCAPCD's negative declaration for non-CTG
major VOC sources for the 2008 RACT SIP Moderate area requirements and
Rule 61.2. The February 10, 2021 version of Rule 61.2 will replace the
previously approved version of this rule (amended July 26, 2000) in the
SIP. The approval of these submittals stops all sanctions and Federal
implementation plan clocks started by our December 3, 2020 (85 FR
77996) partial disapproval action on the SDCAPCD 2008 RACT SIP. We are
also correcting an error in the CFR concerning another deficiency
previously identified in the SDCAPCD 2008 RACT SIP that has since been
addressed by the State of California. In our rulemaking promulgating
that approval, we failed to remove the language in the CFR that
codified the disapproval, which could result in public confusion about
the status of the California SIP.
On October 22, 2021 (86 FR 58593), the EPA published a final rule
entitled ``Air Plan Approval; California; San Diego Air Pollution
Control District'' that approved revisions to the SDCAPCD portion of
the California SIP. That rule approved the February 10, 2021 versions
of Rule 67.6.1 and Rule 67.6.2 into the California SIP, replacing
previously approved versions of these rules. The revision to Rule
67.6.1 fixed the deficiency identified in our partial disapproval of
SDCAPCD's 2008 RACT SIP with respect to the requirement to establish
RACT-level controls for sources covered by the ``Control Techniques
Guidelines for Industrial Cleaning Solvents'' (85 FR 77996). However,
the EPA's final rule inadvertently failed to include amendatory
instructions to remove the industrial cleaning solvents category from
the regulatory text at 40 CFR 52.237(b)(2)(i)(D), where it is listed as
a disapproved element of SDCAPCD's RACT SIP. This action corrects the
regulatory text to reflect the current status of SDCAPCD's RACT SIP.
In this rule, the EPA will remove the industrial cleaning solvents
CTG category from the regulatory text at 40 CFR 52.237(b)(2)(i)(D), as
SDCAPCD has met its RACT SIP obligations with respect to this CTG
category (86 FR 58593). The EPA has determined that this action falls
under the ``good cause'' exemption in section 553(b)(3)(B) of the
Administrative Procedure Act (APA) which, upon finding ``good cause,''
authorizes agencies to dispense with public participation where public
notice and comment procedures are impracticable, unnecessary, or
contrary to public interest. Public notice and comment for this action
is unnecessary because the underlying rules were already subject to a
30-day comment period, and this action is merely updating the
regulatory text accordingly. Further, this action is consistent with
the purpose and rationale of the final rules. Because this action does
not change the EPA's analyses or overall actions, no purpose would be
served by additional public notice and comment. Consequently,
additional public notice and comment are unnecessary.
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 SDCAPCD
Rule 61.2, ``Transport of Organic Compounds into Mobile Transport
Tanks,'' revision adopted on February 10, 2021, which regulates VOC
emissions during the transfer of liquid compounds into mobile transport
tanks. The EPA has made, and will continue to make, these documents
available through <a href="http://www.regulations.gov">www.regulations.gov</a> 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
Additional information about these statutes and Executive orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
state, local, or tribal governments, or to the private sector, will
result from this action.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the National Government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Coordination With Indian Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, because 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, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the
[[Page 2540]]
Executive order. This action is not subject to Executive Order 13045
because it does not impose additional requirements beyond those imposed
by state law.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The State did not evaluate environmental justice considerations as
part of its SIP submittal. There is no information in the record
inconsistent with the stated goals of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
indigenous peoples.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
L. Petitions for Judicial Review
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 March 20, 2023. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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: December 16, 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)(285)(i)(E)(2),
(c)(565)(i)(A)(4), and (c)(584)(ii)(A)(4) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(285) * * *
(i) * * *
(E) * * *
(2) Previously approved on August 26, 2003, in paragraph
(c)(285)(i)(E)(1) of this section and now deleted with replacement in
paragraph (c)(565)(i)(A)(4) of this section, Rule 61.2, amended on July
26, 2000.
* * * * *
(565) * * *
(i) * * *
(A) * * *
(4) Rule 61.2, ``Transport of Organic Compounds into Mobile
Transport Tanks,'' revision adopted on February 10, 2021.
* * * * *
(584) * * *
(ii) * * *
(A) * * *
(4) Negative Declaration for Major Non-CTG Stationary Sources of
VOC, 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, for the 2008 ozone
NAAQS.
* * * * *
0
3. Section 52.222 is amended by revising paragraph (a)(5)(ii) to read
as follows:
Sec. 52.222 Negative declarations.
(a) * * *
(5) * * *
(ii) The following negative declarations for the 2008 ozone NAAQS
were adopted by the San Diego County Air Pollution Control District.
Table 4 to Paragraph (a)(5)(ii)--Negative Declarations for the 2008 Ozone NAAQS
----------------------------------------------------------------------------------------------------------------
Adopted: 12/14/ Adopted: 10/14/ Adopted: 10/14/
2016 Submitted: 2020 Submitted: 2020 Submitted:
CTG document No. Title 4/12/2017 SIP 12/29/2020 SIP 12/29/2020 SIP
Approved: 12/03/ Approved: 6/29/ Approved: 1/17/
2020 2022 2023
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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 X ................ ................
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.
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.
[[Page 2541]]
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 6/
6/94.
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.
-- N/A --........................ Major non-CTG VOC ................ ................ X
sources.
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* * * * *
Sec. 52.237 [Amended]
0
4. Section 52.237 is amended by removing and reserving paragraph
(b)(2).
[FR Doc. 2022-27871 Filed 1-13-23; 8:45 am]
BILLING CODE 6560-50-P
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