Proposed Rule2023-06829
Air Plan Revisions; California; Sacramento Metropolitan Air Quality Management District
Primary source
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Published
April 5, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to partially approve and partially disapprove a revision to the Sacramento Metropolitan Air Quality Management District (SMAQMD) portion of the California State Implementation Plan (SIP) concerning the SMAQMD'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 Sacramento Metropolitan nonattainment area under the jurisdiction of the SMAQMD. We are proposing action on a SIP revision under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.
Full Text
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<title>Federal Register, Volume 88 Issue 65 (Wednesday, April 5, 2023)</title>
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[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Proposed Rules]
[Pages 20086-20092]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06829]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2023-0036; FRL-10790-01-R9]
Air Plan Revisions; California; Sacramento Metropolitan Air
Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
partially approve and partially disapprove a revision to the Sacramento
Metropolitan Air Quality Management District (SMAQMD) portion of the
California State Implementation Plan (SIP) concerning the SMAQMD'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 Sacramento Metropolitan nonattainment area under the
jurisdiction of the SMAQMD. We are proposing action on a SIP revision
under the Clean Air Act (CAA or the Act). We are taking comments on
this proposal and plan to follow with a final action.
DATES: Comments must be received on or before May 5, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2023-0036 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. For comments submitted at
<a href="http://Regulations.gov">Regulations.gov</a>, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
[[Page 20087]]
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. 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: Eugene Chen, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4304 or by
email at <a href="/cdn-cgi/l/email-protection#5b38333e35753e2e3c3e353e1b3e2b3a753c342d"><span class="__cf_email__" data-cfemail="4e2d262b20602b3b292b202b0e2b3e2f60292138">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. The State's Submittal
A. What documents did the State submit?
B. Are there other versions of these documents?
C. What is the purpose of the submitted documents?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the submitted documents?
B. Do the documents meet the evaluation criteria?
C. What are the deficiencies?
D. Proposed Action and Public Comment
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What documents did the State submit?
Table 1 lists the documents addressed by this proposal with the
dates that they were adopted by the local air agency and submitted by
the California Air Resource Board (CARB).
Table 1--Submitted Documents
------------------------------------------------------------------------
Local agency Document Adopted Submitted
------------------------------------------------------------------------
SMAQMD................ Demonstration of 03/23/2017 05/05/2017
Reasonably Available
Control Technology
for the 2008 Ozone
National Ambient Air
Quality Standard
(NAAQS) (``2017 RACT
SIP'').
SMAQMD................ Negative Declaration 03/22/2018 06/11/2018
for Control Technique
Guidelines for
Miscellaneous Metal
and Plastic Parts
Coatings (Pleasure
Craft Coating Portion
Only) (``Pleasure
Craft Coating
Negative
Declaration'').
------------------------------------------------------------------------
The submittals for the 2017 RACT SIP and Pleasure Craft Coating
Negative Declaration were determined to meet the completeness criteria
in 40 CFR part 51, Appendix V, in letters dated October 31, 2017 and
August 23, 2018, respectively.
B. Are there other versions of these documents?
There are no previous versions of the RACT SIP or negative
declarations in the SMAQMD portion of the California SIP for the 2008
ozone NAAQS.
C. What is the purpose of the submitted documents?
Emissions of volatile organic compounds (VOCs) and oxides of
nitrogen (NO<INF>X</INF>) contribute to the production of ground-level
ozone, smog and particulate matter (PM), which harm human health and
the environment. Section 110(a) of the CAA requires states to submit
regulations that control VOC and NO<INF>X</INF> emissions. Sections
182(b)(2) and (f) require that SIPs for ozone nonattainment areas
classified as Moderate or above implement RACT for any source covered
by a Control Techniques Guidelines (CTG) document and for any major
source of VOCs or NO<INF>X</INF>. The SMAQMD is subject to this
requirement as it regulates the Sacramento County portion of the
Sacramento Metropolitan ozone nonattainment area that was designated
and classified as a Severe nonattainment area for the 2008 8-hour ozone
NAAQS.\1\ Therefore, the SMAQMD must, at a minimum, adopt RACT-level
controls for all sources covered by a CTG document and for all major
non-CTG sources of VOCs or NO<INF>X</INF> within the ozone
nonattainment area that it regulates. Any stationary source that emits
or has the potential to emit at least 25 tons per year (tpy) of VOCs or
NO<INF>X</INF> is a major stationary source in a Severe ozone
nonattainment area (CAA section 182(d), (f) and 302(j)).
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\1\ 77 FR 30088 (May 21, 2012).
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Section III.D of the preamble to the EPA's final rule to implement
the 2008 ozone NAAQS discusses RACT requirements.\2\ It states, in
part, that RACT SIPs must contain adopted RACT regulations,
certifications (where appropriate) that existing provisions are RACT,
and/or negative declarations that no sources in the nonattainment area
are covered by a specific CTG.\3\ It also provides that states must
submit appropriate supporting information for their RACT submissions as
described in the EPA's implementation rule for the 1997 ozone NAAQS.\4\
The SMAQMD's RACT SIP submittal and negative declarations provide
SMAQMD's analyses of its compliance with the CAA section 182 RACT
requirements for the 2008 8-hour ozone NAAQS.
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\2\ 80 FR 12264 (March 6, 2015).
\3\ Id. at 12278.
\4\ Id.; 70 FR 71612, 71652 (November 29, 2005).
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The EPA's technical support document (TSD) has more information
about SMAQMD's RACT SIP, negative declarations, and the EPA's
evaluations thereof.
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the submitted documents?
Generally, SIP rules must require RACT for each category of sources
covered by a CTG document as well as each major source of VOCs or
NO<INF>X</INF> in ozone nonattainment areas classified as Moderate or
above (see CAA section 182(b)(2), (f)). The SMAQMD regulates the
Sacramento County portion of the Sacramento Metropolitan ozone
nonattainment area classified as Severe for the 2008 ozone standard (40
CFR 81.305). Therefore, SMAQMD rules must implement RACT.
States should also submit for SIP approval negative declarations
for those CTGs for which they have no sources covered by the CTG,
regardless of whether such negative declarations were made in a SIP for
an earlier ozone standard.\5\ To do so, the submittal should provide
reasonable assurance that no sources that fall under the CTG currently
exist in the portion of the ozone nonattainment area that is regulated
by the SMAQMD.
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\5\ 57 FR 13498, 13512 (April 16, 1992).
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The District's analysis must demonstrate that each major source of
VOCs or NO<INF>X</INF> in the ozone nonattainment area is covered by a
RACT-level rule. In addition, for each CTG, the District must either
[[Page 20088]]
demonstrate that a RACT-level rule is in place or submit a negative
declaration. Guidance and policy documents that we use to evaluate CAA
section 182 RACT requirements include the following:
1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11,
1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
4. ``State Implementation Plans; Nitrogen Oxides Supplement to the
General Preamble; Clean Air Act Amendments of 1990 Implementation of
Title I; Proposed Rule,'' (the NO<INF>X</INF> Supplement), 57 FR 55620,
November 25, 1992.
5. Memorandum dated May 18, 2006, from William T. Harnett,
Director, Air Quality Policy Division, to Regional Air Division
Directors, Subject: ``RACT Qs & As--Reasonably Available Control
Technology (RACT): Questions and Answers.''
6. ``Final Rule to Implement the 8-hour Ozone National Ambient Air
Quality Standard--Phase 2,'' 70 FR 71612 (November 29, 2005).
7. ``Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements,'' 80 FR
12264 (March 6, 2015).
8. ``State Implementation Plans: Response to Petition for
Rulemaking; Restatement and Update of EPA's SSM (startup, shutdown,
malfunction) Policy Applicable to SIPs; Findings of Substantial
Inadequacy; and SIP Calls to Amend Provisions Applying to Excess
Emissions During Periods of Startup, Shutdown and Malfunction'' (80 FR
33839) June 12, 2015 (2015 SSM SIP Action).
9. ``Inclusion of Provisions Governing Periods of Startup,
Shutdown, and Malfunctions in State Implementation Plans,'' EPA,
October 9, 2020.
10. ``Withdrawal of the October 9, 2020, Memorandum Addressing
Startup, Shutdown, and Malfunctions in State Implementation Plans and
Implementation of the Prior Policy,'' EPA, September 30, 2021.
B. Do the documents meet the evaluation criteria?
SMAQMD's 2017 RACT SIP provides the District's demonstration that
the applicable SIP for the SMAQMD satisfies CAA section 182 RACT
requirements for the 2008 8-hour ozone NAAQS. The District based its
demonstration on its analysis of SIP-approved requirements that apply
to the following: (1) sources covered by a CTG, and (2) major non-CTG
stationary sources of VOC or NO<INF>X</INF> emissions.
With respect to CTG sources, SMAQMD identified several CTGs with
covered sources (i.e., sources covered by the CTG and operating within
the nonattainment area), and provided an evaluation of the District
rules it relies upon to meet RACT for these CTGs. We reviewed the
District's evaluation and agree that its rules implement RACT for the
applicable CTGs. Our TSD has additional information about our
evaluation of these rules.
When there are no existing sources covered by a particular CTG
document, or no major non-CTG sources of NO<INF>X</INF> or VOC, states
may, in lieu of adopting RACT requirements for those sources, adopt
negative declarations certifying that there are no such sources in the
relevant nonattainment area. Appendix A of the 2017 RACT SIP lists
SMAQMD's negative declarations for those instances where it has no
sources subject to the applicable CTGs for the 2008 8-hour ozone NAAQS.
These negative declarations are listed in Table 2 below. SMAQMD
concludes that it has no sources subject to these listed CTGs based on
a review of its permit files, emission inventory, business listings,
and consultation with District permitting and enforcement staff. We
reviewed SMAQMD's list of negative declarations and California
Emissions Inventory data to verify the District's conclusion that it
has no stationary sources subject to the CTGs for which it has adopted
a negative declaration. We agree with the District's negative
declarations in the 2017 RACT SIP and propose to approve them into the
SIP.
With respect to non-CTG major sources of NO<INF>X</INF> or VOC,
SMAQMD identified twelve major sources exceeding the major source
threshold for NO<INF>X</INF> or VOC, which is 25 tpy in Severe ozone
nonattainment areas. As described in more detail in our TSD, we
conclude that SMAQMD properly identified all major non-CTG sources of
NO<INF>X</INF> or VOC requiring RACT. SMAQMD also identified several
District rules, primarily NO<INF>X</INF> rules, that it relies upon to
implement RACT at these major sources. As discussed in more detail in
Section C below, we have noted certain deficiencies in several of the
identified District rules, and conclude that these District rules do
not fully satisfy the RACT requirement.
Table 2--SMAQMD Negative Declarations
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CTG document No. CTG document title
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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-450/2-77-033.................................... 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-450/2-78-030.................................... Manufacture of Pneumatic Rubber Tires.
EPA-450/2-78-032.................................... Factory Surface Coating of Flat Wood Paneling.
EPA-450/2-78-033.................................... Graphic Arts-Rotogravure and Flexography (Rotogravure
only).
EPA-450/2-78-03..................................... Leaks from Petroleum Refinery Equipment.
EPA-450/3-82-009.................................... Large Petroleum Dry Cleaners.
EPA-450/3-83-007.................................... Leaks from Natural Gas/Gasoline Processing Plants.
EPA-450/3-83-008.................................... Manufacture of High-Density Polyethylene, Polypropylene,
and Polystyrene Resins.
EPA-450/3-84-015.................................... Air Oxidation Processes in Synthetic Organic Chemical
Manufacturing Industry.
EPA-453/R-94-032, 61 FR 44050; 8/27/96.............. ACT Surface Coating at Shipbuilding and Ship Repair
Facilities Shipbuilding and Ship Repair Operations
(Surface Coating).
[[Page 20089]]
EPA-453/R-97-004, 59 FR 29216; 6/06/94.............. Aerospace MACT and Aerospace (CTG & MACT).
EPA-453/R-06-004.................................... Flat Wood Paneling Coatings.
EPA 453/R-07-003.................................... Paper, Film, and Foil Coatings.
EPA 453/R-07-004.................................... Large Appliance Coatings.
EPA 453/R-08-003.................................... Miscellaneous Metal and Plastic Parts Coatings (Table 5--
Pleasure Craft Surface Coating).
EPA 453/R-08-004.................................... Fiberglass Boat Manufacturing Materials.
EPA 453/R-08-005.................................... Miscellaneous Industrial Adhesives.
EPA 453/R-08-006.................................... Automobile and Light-Duty Truck Assembly Coatings.
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C. What are the deficiencies?
EPA's startup, shutdown and malfunction (SSM) policy, as defined in
the 2015 SSM SIP Action,\6\ notes that CAA Sec. 110(a)(2)(A) requires
SIPs to include enforceable emission limitations and other control
measures, means, or techniques as necessary to meet CAA requirements.
The term ``emission limitation'' is defined in CAA Sec. 302(k) as a
requirement that ``limits the quantity, rate, or concentration of
emissions of air pollution on a continuous basis [. . .].'' An emission
limitation or requirement that exempts a period of source operation,
such as startup, cannot be considered continuous and is not consistent
with CAA requirements (absent an alternative emission limitation that
applies during such periods). Since such rule limits cannot be
considered continuous limits given the presence of an exemption for
periods of startup and shutdown, they do not implement RACT during all
operating conditions, despite the level of stringency they may
establish outside of startup and shutdown periods. Moreover, section
110(a)(2) of the CAA requires SIP submissions to include enforceable
emission limitations and other control measures, means, or techniques
as may be necessary or appropriate to meet the applicable requirements
of the Act. If a rule provides for an emission limitation during
startup and shutdown, but that limitation is not enforceable, a state
may not rely on this limit to establish RACT during startup and
shutdown. Furthermore, if a rule establishes a limit during startup and
shutdown, but expressly forbids the use of data generated during these
times from use in establishing whether a violation occurred during
these times, this restriction is not consistent with the Credible
Evidence Rule.\7\
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\6\ 80 FR 33839 (June 12, 2015).
\7\ 62 FR 8314, February 24, 1997; 40 CFR 51.212. The Credible
Evidence Rule provides that a SIP may not preclude the use of any
credible evidence or information relevant to whether a source would
have been in compliance with applicable requirements if the
appropriate performance or compliance test procedure had been
performed.
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As discussed in more detail in our TSD, several of the District
rules relied upon to implement RACT for non-CTG major sources of
NO<INF>X</INF> contain provisions that are not consistent with EPA's
SSM Policy. Rule 413 (Stationary Gas Turbines) contains a provision
that explicitly exempts affected units from complying with rule
standards during periods of startup and shutdown and does not provide
for an alternative emissions limitation during such periods. Rule 411
(NO<INF>X</INF> from Boilers, Process Heaters, and Steam Generators)
and Rule 419 (NO<INF>X</INF> from Miscellaneous Combustion Units) both
contain monitoring provisions that preclude the use of specified data
for compliance determinations during periods of startup and shutdown.
The deficiencies in these three rules represent the basis for our
partial disapproval of SMAQMD's 2017 RACT SIP for non-CTG major sources
of NO<INF>X</INF>, and must be remedied prior to full approval of the
District's RACT SIP.
D. Proposed Action and Public Comment
For the reasons discussed above and explained in more detail in our
TSD, the EPA proposes to partially approve and partially disapprove the
SMAQMD 2017 RACT SIP. As authorized in section 110(k)(3) of the Act, we
are proposing to approve the SMAQMD 2017 RACT SIP for each of the CTGs
addressed either by District rule or by negative declaration, as well
as for non-CTG major sources of VOC. Also under section 110(k)(3), we
propose to disapprove the SMAQMD 2017 RACT SIP as it pertains to non-
CTG major sources of NO<INF>X</INF>, based upon our conclusion that
several of the District rules relied upon to implement RACT for this
element contain deficiencies related to startup and shutdown. Table 3
contains a listing of each RACT element, the District rule or negative
declaration relied upon to address RACT, as well as our proposed action
for that RACT element.
The EPA is committed to working with SMAQMD to resolve the
identified RACT deficiencies. However, should we finalize the proposed
partial disapproval of the non-CTG major source NO<INF>X</INF> element
of SMAQMD's 2017 RACT SIP, section 110(c) would require the EPA to
promulgate a federal implementation plan (FIP) within 24 months unless
we approve subsequent SIP revisions that correct the deficiencies
identified in our final action. In this instance, we note that the EPA
already has an existing obligation to promulgate a FIP for any RACT SIP
elements that we have not taken final action to approve. This FIP
obligation originates from our February 3, 2017 (82 FR 9158) finding
that SMAQMD failed to submit a RACT SIP for the 2008 8-hour ozone NAAQS
by the required submittal deadline. This finding of failure to submit
established a FIP obligation deadline of February 3, 2019. In addition,
final action on the proposed partial disapproval would trigger the
offset sanction in CAA section 179(b)(2) 18 months after the effective
date of a final disapproval, and the highway funding sanction in CAA
section 179(b)(1) six months after the offset sanction is imposed. A
sanction will not be imposed if the EPA determines that a subsequent
SIP submission corrects the deficiencies identified in our final action
before the applicable deadline.\8\
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\8\ Our February 7, 2017 finding of failure to submit also
triggered offset sanctions and highway funding sanctions. These
sanctions clocks were extinguished by SMAQMD's submittal of its 2017
RACT SIP and our October 31, 2017 and August 23, 2018 letters
determining that the District's RACT SIP submittal was complete.
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We will accept comments from the public on this proposed partial
approval and partial disapproval until May 5, 2023. If finalized, this
action would incorporate the approved portions of the 2017 RACT SIP and
negative declarations into the SIP.
[[Page 20090]]
Table 3--List of RACT Elements--2008 Ozone NAAQS
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District rule
CTG document No. RACT element implementing Negative declaration EPA proposed
RACT submitted action
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EPA-450/R-75-102.................. Design Criteria 448 (Gasoline .................... Approval.
for Stage I Transfer Into
Vapor Control-- Stationary
Gasoline Storage
Service Containers).
Stations.
EPA-450/2-77-008.................. Surface Coating 452 (Can .................... Approval.
of Cans. Coating).
EPA-450/2-77-008.................. Surface Coating ................ Yes................. Approval.
of Coils.
EPA-450/2-77-008.................. Surface Coating ................ Yes................. Approval.
of Paper.
EPA-450/2-77-008.................. Surface Coating ................ Yes................. Approval.
of Fabric.
EPA-450/2-77-008.................. Surface Coating ................ Yes................. Approval.
of Automobiles
and Light-Duty
Trucks.
EPA-450/2-77-022.................. Solvent Metal 454 (Degreasing .................... Approval.
Cleaning. Operations).
EPA-450/2-77-025.................. Refinery Vacuum ................ Yes................. Approval.
Producing
Systems,
Wastewater
Separators, and
Process Unit
Turnarounds.
EPA-450/2-77-026.................. Tank Truck 447 (Organic .................... Approval.
Gasoline Liquid Loading).
Loading
Terminals.
EPA-450/2-77-032.................. Surface Coating 451 (Surface .................... Approval.
of Metal Coating of
Furniture. Miscellaneous
Metal Parts and
Products).
EPA-450/2-77-033.................. Surface Coating ................ Yes................. Approval.
of Insulation
of Magnet Wire.
EPA-450/2-77-034.................. Surface Coating ................ Yes................. Approval.
of Large
Appliances.
EPA-450/2-77-035.................. Bulk Gasoline 447 (Organic .................... Approval.
Plants. Liquid Loading).
EPA-450/2-77-036.................. Storage of 446 (Storage of .................... Approval.
Petroleum Petroleum
Liquids in Products).
Fixed-Roof
Tanks.
EPA-450/2-77-037.................. Cutback Asphalt. 453 (Cutback and .................... Approval.
Emulsified
Asphalt Paving
Materials).
EPA-450/2-78-015.................. Surface Coating 451 (Surface .................... Approval.
of Coating of
Miscellaneous Miscellaneous
Metal Parts and Metal Parts and
Products. Products).
EPA-450/2-78-029.................. Manufacture of 464 (Organic .................... Approval.
Synthesized Chemical
Pharmaceutical Manufacturing
Products. Operations).
EPA-450/2-78-030.................. Manufacture of ................ Yes................. Approval.
Pneumatic
Rubber Tires.
EPA-450/2-78-032.................. Factory Surface ................ Yes................. Approval.
Coating of Flat
Wood Paneling.
EPA-450/2-78-033.................. Graphic Arts- 450 (Graphic Yes--Rotogravure Approval.
Rotogravure and Arts only.
Flexography. Operations)--Fl
exography only.
EPA-450/2-78-036.................. Leaks from ................ Yes................. Approval.
Petroleum
Refinery
Equipment.
EPA-450/2-78-047.................. Petroleum Liquid 446 (Storage of .................... Approval.
Storage in Petroleum
External Products).
Floating Roof
Tanks.
EPA-450/2-78-051.................. Leaks from 447 (Organic .................... Approval.
Gasoline Tank Liquid
Trucks and Loading), 448
Vapor (Gasoline
Collection Transfer Into
Systems. Stationary
Storage
Containers).
EPA-450/3-82-009.................. Large Petroleum ................ Yes................. Approval.
Dry Cleaners.
EPA-450/3-83-006.................. Leaks from 443 (Leaks from .................... Approval.
Synthetic Synthetic
Organic Organic
Chemical Chemical and
Polymer and Polymer
Resin Manufacturing).
Manufacturing
Equipment.
EPA-450/3-83-007.................. Leaks from ................ Yes................. Approval.
Natural Gas/
Gasoline
Processing
Plants.
EPA-450/3-83-008.................. Manufacture of ................ Yes................. Approval.
High-Density
Polyethylene,
Polypropylene,
and Polystyrene
Resins.
EPA-450/3-84-015.................. Air Oxidation ................ Yes................. Approval.
Processes in
Synthetic
Organic
Chemical
Manufacturing
Industry.
EPA-450/4-91-031.................. Reactor 464 (Organic .................... Approval.
Processes and Chemical
Distillation Manufacturing
Operations in Operations).
Synthetic
Organic
Chemical
Manufacturing
Industry.
EPA-453/R-96-007.................. Wood Furniture ................ Yes................. Approval.
Manufacturing
Operations.
EPA-453/R-94-032, 61 FR 44050; 8/ ACT Surface ................ Yes................. Approval.
27/96. Coating at
Shipbuilding
and Ship Repair
Facilities
Shipbuilding
and Ship Repair
Operations
(Surface
Coating).
EPA-453/R-97-004, 59 FR 29216; 6/ Aerospace MACT ................ Yes................. Approval.
06/94. and Aerospace
(CTG & MACT).
EPA-453/R-06-001.................. Industrial 466 (Solvent .................... Approval.
Cleaning Cleaning).
Solvents.
EPA-453/R-06-002.................. Offset 450 (Graphic .................... Approval.
Lithographic Arts
Printing and Operations).
Letterpress
Printing.
EPA-453/R-06-003.................. Flexible Package 450 (Graphic .................... Approval.
Printing. Arts
Operations).
EPA-453/R-06-004.................. Flat Wood ................ Yes................. Approval.
Paneling
Coatings.
EPA 453/R-07-003.................. Paper, Film, and ................ Yes................. Approval.
Foil Coatings.
EPA 453/R-07-004.................. Large Appliance ................ Yes................. Approval.
Coatings.
EPA 453/R-07-005.................. Metal Furniture 451 (Surface .................... Approval.
Coatings. Coating of
Miscellaneous
Metal Parts and
Products).
EPA 453/R-08-003.................. Miscellaneous 451 (Surface .................... Approval.
Metal Parts Coating of
Coatings: Table Miscellaneous
2--Metal Parts Metal Parts and
and Products. Products).
EPA 453/R-08-003.................. Miscellaneous 468 (Surface .................... Approval.
Plastic Parts Coating of
Coatings: Table Plastic Parts
3--Plastic and Products).
Parts and
Products.
EPA 453/R-08-003.................. Miscellaneous 468 (Surface .................... Approval.
Plastic Parts Coating of
Coatings: Table Plastic Parts
4--Automotive/ and Products).
Transportation
and Business
Machine Plastic
Parts.
EPA 453/R-08-003.................. Miscellaneous ................ Yes................. Approval.
Plastic Parts
Coatings: Table
5--Pleasure
Craft Surface
Coating.
EPA 453/R-08-003.................. Miscellaneous 459 (Automotive, .................... Approval.
Plastic Parts Truck, and
Coatings: Table Heavy Equipment
6--Motor Refinishing
Vehicle Operations).
Materials.
EPA 453/R-08-004.................. Fiberglass Boat ................ Yes................. Approval.
Manufacturing
Materials.
EPA 453/R-08-005.................. Miscellaneous ................ Yes................. Approval.
Industrial
Adhesives.
[[Page 20091]]
EPA 453/R-08-006.................. Automobile and ................ Yes................. Approval.
Light-Duty
Truck Assembly
Coatings.
Non-CTG Major 411 (NOX from .................... Disapproval.\9\
Sources of NOX. Boilers,
Process
Heaters, and
Steam
Generators),
412 (Stationary
Internal
Combustion
Engines), 413
(Stationary Gas
Turbines), 419
(NOX from
Miscellaneous
Combustion
Units).
Non-CTG Major Source-specific .................... Approval.
Sources of VOC. Requirements.
----------------------------------------------------------------------------------------------------------------
III. Statutory and Executive Order Reviews
---------------------------------------------------------------------------
\9\ As described in greater detail in our Technical Support
Document (Docket Item B-01), the proposed disapproval for the non-
CTG major sources of NO<INF>X</INF> element is based in the
deficiencies noted in Rules 411 and 413, as well as the lack of SIP-
approved RACT level controls for the Mitsubishi Chemical and Carbon
Fiber Composites facility due to the deficiencies noted in the
submitted version of Rule 419.
---------------------------------------------------------------------------
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 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 Population
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provision of the Act and applicable
federal regulations. 42 U.S.C. 740(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to review state choices,
and approve those choices if they meet the minimum criteria of the Act.
Accordingly, this proposed action partially approves and partially
disapproves state law as meeting federal requirements and does not
impose additional requirements beyond those imposed by state law.
[[Page 20092]]
The District did not evaluate environmental justice considerations
as part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. The EPA
did not perform an EJ analysis and did not consider EJ in this action.
Consideration of EJ is not required as part of this action, and 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 28, 2023.
Kerry Drake,
Acting Regional Administrator, Region IX.
[FR Doc. 2023-06829 Filed 4-4-23; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on April 5, 2023.
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.