[Federal Register Volume 76, Number 127 (Friday, July 1, 2011)]
[Rules and Regulations]
[Pages 38572-38575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16481]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2011-0383; FRL-9427-9]
Revisions to the California State Implementation Plan, Antelope
Valley Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve revisions to the
Antelope Valley Air Quality Management District (AVAQMD) portion of the
California State Implementation Plan (SIP). These revisions concern
negative declarations for volatile organic compound (VOC) source
categories for the AVAQMD. We are approving these negative declarations
under the Clean Air Act as amended in 1990 (CAA or the Act).
DATES: This rule is effective on August 30, 2011 without further
notice, unless EPA receives adverse comments by August 1, 2011. If we
receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.
[[Page 38573]]
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2011-0383, by one of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions.
2. E-mail: [email protected].
3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://www.regulations.gov or e-mail. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment.
Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Cynthia Allen, EPA Region IX, (415)
947-4120, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. The State's Submittal
A. What negative declarations did the State submit?
B. Are there other versions of these negative declarations?
C. What is the purpose of the submitted negative declarations?
II. EPA's Evaluation and Action
A. How is EPA evaluating the negative declarations?
B. Do the negative declarations meet the evaluation criteria?
C. Public Comment and Final Action
III. Background Information
A. Why were these negative declarations submitted initially?
IV. Administrative Requirements
I. The State's Submittal
A. What negative declarations did the State submit?
Table 1 lists the negative declarations we are approving with the
dates that they were adopted by the Antelope Valley Air Quality
Management District (AVAQMD) and submitted by the California Air
Resources Board (CARB).
Table 1--Antelope Valley Negative Declarations
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Local agency Title Adopted Submitted
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AVAQMD........... Large Appliances, 09/19/06 01/31/07
Surface Coating.
AVAQMD........... Wood Furniture 09/19/06 01/31/07
Surface Coating.
AVAQMD........... Gasoline Bulk Plants. 09/19/06 01/31/07
AVAQMD........... Equipment Leaks from 09/19/06 01/31/07
Natural Gas/Gasoline
Processing Plants.
AVAQMD........... Leaks from Petroleum 09/19/06 01/31/07
Refinery Equipment.
AVAQMD........... Air Oxidation 09/19/06 01/31/07
Processes (SOCMI).
AVAQMD........... Reactor and 09/19/06 01/31/07
Distillation
Processes (SOCMI).
AVAQMD........... Tank Truck Gasoline 09/19/06 01/31/07
Loading Terminals >
76,000 L.
AVAQMD........... Manufacture of 09/19/06 01/31/07
Synthesized
Pharmaceutical
Products.
AVAQMD........... Manufacture of 09/19/06 01/31/07
Pneumatic Rubber
Tires.
AVAQMD........... Manufacture of High 09/19/06 01/31/07
Density
Polyethylene,
Polypropylene and
Polystyrene.
AVAQMD........... Equipment used in 09/19/06 01/31/07
Synthetic Organic
Chemical Polymers
and Resin
Manufacturing.
AVAQMD........... Refinery Vacuum- 09/19/06 01/31/07
Producing Systems,
Wastewater
Separators and
Process Unit
Turnarounds.
AVAQMD........... Magnetic Wire Coating 09/19/06 01/31/07
Operations.
AVAQMD........... Ship Repair 10/19/10 01/07/11
Operations.
AVAQMD........... Storage of Petroleum 10/19/10 01/07/11
Liquids in Fixed
Roof Tanks.
AVAQMD........... Petroleum Liquid 10/19/10 01/07/11
Storage in External
Floating Roof Tanks.
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On February 8, 2011, EPA determined that the submittal for Antelope
Valley AQMD Negative Declarations submitted on January 7, 2011, met the
completeness criteria in 40 CFR Part 51, Appendix V, which must be met
before formal EPA review.
On July 31, 2007, the submittal for Antelope Valley Negative
Declarations submitted on January 31, 2007, was deemed by operation of
law to meet the completeness criteria in 40 CFR Part 51, Appendix V,
which must be met before formal EPA review.
B. Are there other versions of these negative declarations?
There are no previous versions of these negative declarations.
C. What is the purpose of the submitted negative declarations?
The negative declarations were submitted to meet the requirements
of CAA section 182(a)(2)(A). Nonattainment areas are required to adopt
volatile organic compound (VOC) regulations for the published Control
Techniques Guidelines (CTG) categories. If a nonattainment area does
not have stationary sources for which EPA has published a CTG, then the
area is required to submit a negative declaration. The negative
declarations were submitted because there are no applicable sources
within the AVAQMD jurisdiction. EPA's technical support document (TSD)
has more information about these negative declarations.
II. EPA's Evaluation and Action
A. How is EPA evaluating the negative declarations?
The negative declarations are submitted as SIP revisions and must
be consistent with Clean Air Act requirements for Reasonably Available
Control Technology (RACT) (see section
[[Page 38574]]
182(a)(2)(A) and SIP relaxation (see sections 110(1) and 193.) To do
so, the submittal should provide reasonable assurance that no sources
subject to the CTG requirements currently exist or are planned for the
AVAQMD.
B. Do the negative declarations meet the evaluation criteria?
We believe these negative declarations are consistent with the
relevant policy and guidance regarding RACT and SIP relaxations. The
TSD has more information on our evaluation.
C. Public Comment and Final Action
As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted negative declarations as additional information
to the SIP because we believe they fulfill all relevant requirements.
We do not think anyone will object to this approval, so we are
finalizing it without proposing it in advance. However, in the Proposed
Rules section of this Federal Register, we are simultaneously proposing
approval of these negative declarations. If we receive adverse comments
by August 1, 2011, we will publish a timely withdrawal in the Federal
Register to notify the public that the direct final approval will not
take effect and we will address the comments in a subsequent final
action based on the proposal. If we do not receive timely adverse
comments, the direct final approval will be effective without further
notice on August 30, 2011.
III. Background Information
A. Why were these negative declarations submitted?
These negative declarations were submitted to fulfill the
requirements of CAA Section 182(a)(2)(A). Section 182 requires that
ozone nonattainment areas adopt VOC regulations found in the Control
Techniques Guidelines Series for all major non-CTG sources of VOC or
NOX in their geographic area. Antelope Valley AQMD is a
nonattainment area for ozone and thus is required to adopt regulations
for all CTG sources and or major non-CTG sources. Section 110(a) of the
CAA requires States to submit regulations that control VOC emissions.
Table 2 lists some of the national milestones leading to the submittal
of these local agency negative declarations.
Table 2--Ozone Nonattainment Milestones
------------------------------------------------------------------------
Date Event
------------------------------------------------------------------------
March 3, 1978.................. EPA promulgated a list of ozone
attainment areas under the Clean Air
Act as amended in 1977. 43 FR 8964; 40
CFR 81.305.
May 26, 1988................... EPA notified Governors that parts of
their SIPs were inadequate to attain
and maintain the ozone standard and
requested that they correct the
deficiencies (EPA's SIP-Call). See
section 110(a)(2)(H) of the pre-
amended Act.
November 15, 1990.............. Clean Air Act Amendments of 1990 were
enacted. Pub. L. 101-549, 104 Stat.
2399, codified at 42 U.S.C. 7401-
7671q.
May 15, 1991................... Section 182(a)(2)(A) requires that
ozone nonattainment areas correct
deficient RACT rules by this date.
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IV. Administrative Requirements
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, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not interfere with Executive Order 12898 (59 FR 7629
(Feb. 16, 1994)) because EPA lacks the discretionary authority to
address environmental justice in this rulemaking.
In addition, this rule does not have Tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
Tribal governments or preempt Tribal law.
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. 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 August 30, 2011. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for
[[Page 38575]]
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. Parties with
objections to this direct final rule are encouraged to file a comment
in response to the parallel notice of proposed rulemaking for this
action published in the Proposed Rules section of today's Federal
Register, rather than file an immediate petition for judicial review of
this direct final rule, so that EPA can withdraw this direct final rule
and address the comment in the proposed rulemaking. 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: June 14, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
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 52.222 is amended by adding paragraphs (a)(6)(vii) and
(viii) to read as follows:
Sec. 52.222 Negative declarations.
(a) * * *
(6) * * *
(vii) Large Appliances, Surface Coating; Wood Furniture Surface
Coating; Gasoline Bulk Plants, Equipment Leaks from Natural Gas/
Gasoline Processing Plants; Leaks from Petroleum Refinery Equipment;
Air Oxidation Processes (SOCMI); Reactor and Distillation Processes
(SOCMI); Tank Truck Gasoline Loading Terminals > 76,000 L; Manufacture
of Synthesized Pharmaceutical Products; Manufacture of Pneumatic Rubber
Tires; Manufacture of High Density Polyethylene, Polypropylene and
Polystyrene; Equipment Used in Synthetic Organic Chemical Polymers and
Resin Manufacturing; Refinery Vacuum-Producing Systems, Wastewater
Separators and Process Unit Turnarounds; and Magnetic Wire Coating
Operations submitted on January 31, 2007 and adopted on September 19,
2006.
(viii) Ship Repair Operations; Storage of Petroleum Liquids in
Fixed Roof Tanks; and Petroleum Liquid Storage in External Floating
Roof Tanks submitted on January 7, 2011 and adopted on October 19,
2010.
* * * * *
[FR Doc. 2011-16481 Filed 6-30-11; 8:45 am]
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