[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Rules and Regulations]
[Pages 53280-53284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18900]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2012-0959; FRL-9948-11-Region 9]
Revisions to the California State Implementation Plan, Sacramento
Metropolitan Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
[[Page 53281]]
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing a
partial approval and partial disapproval of revisions to the Sacramento
Metropolitan Air Quality Management District (SMAQMD or District)
portion of the California State Implementation Plan (SIP). This action
was proposed in the Federal Register on January 15, 2016 and concerns
the District's demonstration regarding Reasonably Available Control
Technology (RACT) requirements for the 1997 8-hour ozone National
Ambient Air Quality Standard (NAAQS). Under authority of the Clean Air
Act (CAA or the Act), this action directs California to correct RACT
deficiencies in the SMAQMD portion of the California SIP.
DATES: This rule is effective on September 30, 2016.
ADDRESSES: The EPA has established docket number \1\ EPA-R09-OAR-2012-
0959 for this action. Generally, documents in the docket for this
action are available electronically at www.regulations.gov or in hard
copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California
94015-3901. While all documents in the docket are listed at
www.regulations.gov, some information may be publicly available only at
the hard copy location (e.g., copyrighted material, large maps), and
some may not be publicly available in either location (e.g.,
Confidential Business Information (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.
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\1\ Our proposal indicated that the docket number for this
action was EPA-R09-2012-959. This final action corrects the docket
number to ``0959'' to conform to numbering convention.
FOR FURTHER INFORMATION CONTACT: James Shears, EPA Region IX, (213)
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244-1810, [email protected].
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. Final Action and CAA Consequences
IV. Statutory and Executive Order Reviews
I. Proposed Action
On January 15, 2016 (81 FR 2136), the EPA proposed to partially
approve and partially disapprove the following documents that were
submitted for incorporation into the California SIP:
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Local agency Document Adopted Submitted
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SMAQMD................................. Reasonably Available Control Technology 10/26/06 7/11/07
(RACT) as Applicable to the 8-hour
Ozone Standard, dated October 26, 2006
(``2006 RACT SIP'').
SMAQMD................................. Reasonably Available Control Technology 10/23/08 1/21/09
(RACT) Update as Applicable to the 8-
Hour Ozone Standard, dated October 23,
2008 (``Updated RACT SIP'').
----------------------------------------------------------------------------------------------------------------
We proposed to approve the 2006 RACT SIP and Updated RACT SIP with
the exception of Rule 455, Pharmaceutical Manufacturing, and the
municipal waste landfill category as satisfying the RACT requirements
of CAA section 182(b)(2) and (f).
Also under CAA section 110(k)(3), we proposed to disapprove those
elements of the 2006 RACT SIP and Updated RACT SIP that pertain to Rule
455 and the municipal waste landfill category because we found that
these elements did not meet all of the applicable CAA requirements. In
particular, we found that Rule 455, Pharmaceuticals Manufacturing,
(amended 11/29/83 and 9/5/96) lacks test methods, recordkeeping, and
monitoring requirements that are necessary to support enforcement of
the rule. See CAA section 110(a). We also found that the California SIP
did not contain any provisions to implement RACT for volatile organic
compounds (VOCs) at the Kiefer landfill, which is a major source of
VOCs located within the Sacramento Metro area.
SMAQMD's submittal also included a number of negative declarations.
CAA 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 any major stationary source of VOCs or nitrogen oxides
(NOX). If an ozone nonattainment area does not have any
stationary sources covered by a particular CTG, then the area may
submit a negative declaration certifying that there are no such sources
in the relevant nonattainment area in lieu of adopting RACT
requirements for that category. We proposed approval of SMAQMD's
negative declarations because we determined that they complied with
relevant CAA requirements.
Our proposed action contains more information on the basis for this
rulemaking and on our evaluation of the 2006 RACT SIP and Updated RACT
SIP.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.
III. Final Action and CAA Consequences
A. Final Action
For the reasons provided in our January 15, 2016 proposed rule, the
EPA is partially approving and partially disapproving SMAQMD's 2006
RACT SIP and Updated RACT SIP under CAA section 110(k)(3). In
particular, we are approving all elements of the 2006 RACT SIP and
Updated RACT SIP, with the exception of elements pertaining to Rule
455, Pharmaceutical Manufacturing, and the municipal waste landfill
category, as satisfying the RACT requirements of CAA section 182(b)(2)
and (f). We are disapproving those elements of the 2006 RACT SIP and
Updated RACT SIP that pertain to Rule 455 and the municipal waste
landfill category because we have determined that they do not meet all
of the applicable CAA requirements.
B. CAA Consequences of Final Partial Disapproval
The EPA is committed to working with the District and CARB to
resolve the identified RACT deficiencies. We note that SMAQMD will not
be required to submit a revised CAA section 182 RACT SIP demonstration
for the 1997 8-hour ozone NAAQS if it submits for SIP approval, rules
and/or permit provisions that implement RACT for the pharmaceutical
manufacturing source category, as well as RACT for VOCs for the Kiefer
landfill, and the EPA fully approves them into the SIP. On April 28,
2016, SMAQMD repealed Rule 455 and adopted amendments to Rule 464,
Organic Chemical Manufacturing Operations to incorporate the
pharmaceutical manufacturing requirements from Rule 455 along with
other improvements to implement RACT into Rule 464. SMAQMD plans,
[[Page 53282]]
in July 2016, to adopt the relevant portions of the Kiefer landfill
permit into the SIP to implement RACT.
Because we are finalizing a partial disapproval of the 2006 RACT
SIP and Updated RACT SIP, the EPA must promulgate a federal
implementation plan (FIP) under section 110(c) unless we approve
subsequent SIP revisions that correct the rule deficiencies within 24
months of the effective date of this action. In addition, sanctions
will be imposed under CAA section 179 and 40 CFR 52.31, unless the EPA
approves subsequent SIP revisions that correct the rule deficiencies or
issues an interim final determination that submitted revisions correct
the deficiencies within 18 months of the effective date of this action.
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.
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
The EPA lacks the discretionary authority to address environmental
justice in this rulemaking.
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 CAA section 307(b)(1), petitions for judicial review of this
action must be filed in the United States Court of Appeals for the
appropriate circuit by October 11, 2016. 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: May 19, 2016.
Alexis Strauss,
Acting 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)(382)(ii)(C) and
(c)(475) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(382) * * *
(ii) * * *
(C) Sacramento Metropolitan Air Quality Management District.
[[Page 53283]]
(1) Reasonably Available Control Technology (RACT) as Applicable to
the 8-Hour Ozone Standard, dated October 26, 2006, as adopted October
26, 2006, excluding the RACT determinations for:
(i) Pharmaceutical Products Manufacturing Source Category; and
(ii) Kiefer Landfill (RACT for volatile organic compounds).
* * * * *
(475) A new plan for the following AQMD was submitted January 21,
2009 by the Governor's designee.
(i) [Reserved]
(ii) Additional Material.
(A) Sacramento Metropolitan Air Quality Management District.
(1) Reasonably Available Control Technology (RACT) Update as
Applicable to the 8-Hour Ozone Standard, dated October 23, 2008,
adopted October 23, 2008.
* * * * *
0
3. Section 52.222 is amended by adding paragraph (a)(2)(iv) to read as
follows:
Sec. 52.222 Negative declarations.
(a) * * *
(2) * * *
(iv) Negative declarations for Sacramento Metropolitan Air Quality
Management District.
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Updated
Negative declaration--CTG Submitted 7/11/ submitted 1/21/
CTG Source category reference document 07, adopted 10/ 09, adopted 10/
26/06 23/08
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Aerospace Coating......................... EPA-453/R-97-004 and 59 FR 29216 ............... X
(6/06/94)--Control of Volatile
Organic Compound Emissions from
Coating Operations at Aerospace
Manufacturing and Rework
Operations.
Automobile Coating........................ EPA-450/2-77-008--Control of X ...............
Volatile Organic Emissions from
Existing Stationary Sources,
Volume II: Surface Coating of
Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty
Trucks.
Dry Cleaning (Petroleum Solvent).......... EPA-450/3-82-009--Control of X ...............
Volatile Organic Compound
Emissions from Large Petroleum
Dry Cleaners.
Graphic Arts (Rotogravure)................ EPA-450/2-78-033--Control of ............... X
Volatile Organic Emissions from
Existing Stationary Sources,
Volume VIII: Graphic Arts-
Rotogravure and Flexography.
Large Appliance Coating................... EPA-450/2-77-034--Control of X ...............
Volatile Organic Emissions from
Existing Stationary Sources,
Volume V: Surface Coating of
Large Appliances.
Large Appliance Coating................... EPA-453/R-07-004--Control ............... X
Techniques Guidelines for Large
Appliance Coatings.
Magnetic Wire Coating..................... EPA-450/2-77-033--Control of X ...............
Volatile Organic Emissions from
Existing Stationary Sources,
Volume IV: Surface Coating for
Insulation of Magnetic Wire.
Metal Coil Coating........................ EPA-450/2-77-008--Control of X ...............
Volatile Organic Emissions from
Existing Stationary Sources,
Volume II: Surface Coating of
Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty
Trucks.
Natural Gas/Gasoline Processing........... EPA-450/2-83-007--Control of X ...............
Volatile Organic Compound
Equipment Leaks from Natural Gas/
Gasoline Processing Plants.
Paper and Fabric Coating.................. EPA-450/2-77-008--Control of X ...............
Volatile Organic Emissions from
Existing Stationary Sources,
Volume II: Surface Coating of
Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty
Trucks.
Resin Manufacturing (High-Density EPA-450/3-83-008--Control of X ...............
Polyethylene, Polypropylene, and Volatile Organic Compound
Polystyrene). Emissions from Manufacture of
High-Density Polyethylene,
Polypropylene, and Polystyrene
Resins.
Refineries................................ EPA-450/2-77-025--Control of X ...............
Refinery Vacuum Producing
Systems, Wastewater Separators
and Process Unit Turnarounds.
EPA-450/2-78-036--Control of X ...............
Volatile Organic Compound Leaks
from Petroleum Refinery Equipment.
Rubber Tire Manufacturing................. EPA-450/2-78-030--Control of X ...............
Volatile Organic Emissions from
Manufacture of Pneumatic Rubber
Tires.
Ship Coating.............................. 61 FR 44050--Control Techniques X ...............
Guidelines for Shipbuilding and
Ship Repair Operations (Surface
Coating).
Wood Coating (Flat Wood Paneling)......... EPA-450/2-78-032--Control of X ...............
Volatile Organic Emissions from
Existing Stationary Sources,
Volume VII: Factory Surface
Coating of Flat Wood Paneling.
Flat Wood Paneling Coatings............... EPA-453/R06-004--Control ............... X
Techniques Guidelines for Flat
Wood Paneling Coatings.
Paper, Film and Foil...................... EPA-453/R-07-004--Control ............... X
Techniques Guidelines for Paper,
Film, and Foil Coatings.
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* * * * *
0
4. Section 52.237 is amended by adding paragraph (b) to read as
follows:
Sec. 52.237 Part D disapproval.
* * * * *
(b) The following Reasonably Available Control Technology (RACT)
determinations are disapproved because they do not meet the
requirements of Part D of the Clean Air Act.
(1) Sacramento Air Quality Management District.
(i) RACT Determinations for the Pharmaceutical Products
Manufacturing Source Category and the Kiefer Landfill (volatile organic
compounds only), in
[[Page 53284]]
the submittal titled ``Reasonably Available Control Technology (RACT)
as Applicable to the 8-Hour Ozone Standard,'' dated October 26, 2006,
as adopted on October 26, 2006 and submitted on July 11, 2007.
(ii) [Reserved]
(2) [Reserved]
[FR Doc. 2016-18900 Filed 8-11-16; 8:45 am]
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