[Federal Register Volume 82, Number 221 (Friday, November 17, 2017)]
[Proposed Rules]
[Pages 54309-54314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25017]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2017-0564; FRL-9970-87-Region 9]
Approval of California Air Plan Revisions, Mojave Desert 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
approve and conditionally approve revisions to the Mojave Desert Air
Quality Management District (MDAQMD or ``District'') portion of the
California State Implementation Plan (SIP). These revisions concern the
District's demonstration regarding Reasonably Available Control
Technology (RACT) requirements for the 1997 8-hour ozone and the 2008
8-hour ozone National Ambient Air Quality Standards (NAAQS or
``standard'') in the portion of the Western Mojave Desert ozone
nonattainment area under the jurisdiction of the MDAQMD. The EPA is
also proposing to approve MDAQMD negative declarations into the SIP for
the 2008 ozone standards. We are proposing action on local SIP
revisions under the Clean Air Act (CAA or Act). We are taking comments
on this proposal and plan to follow with a final action.
DATES: Any comments must arrive by December 18, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0564 at https://www.regulations.gov/, or via email to
[[Page 54310]]
Nancy Levin, Rulemaking Office at [email protected]. For comments
submitted at Regulations.gov, follow the online instructions for
submitting comments. Once submitted, comments cannot be removed or
edited from Regulations.gov. For either manner of submission, 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 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 https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, (415) 942-
3848, [email protected].
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 Proposed Action
A. How is the EPA evaluating the submitted documents?
B. Do the documents meet the evaluation criteria?
C. EPA Recommendations To Further Improve the RACT SIPs
D. Public Comment and Proposed Action
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 to
the EPA by the California Air Resources Board (CARB).
Table 1--Submitted Documents
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Local agency Document Adopted Submitted
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MDAQMD............ MDAQMD 8-Hour 9/25/06 7/11/2007
Reasonably
Available Control
Technology--State
Implementation Plan
Analysis (RACT SIP
Analysis) ``2006
RACT SIP''.
MDAQMD............ MDAQMD 2015 8-Hour 2/23/15 9/9/2015
Reasonably
Available Control
Technology --State
Implementation Plan
Analysis (2015 RACT
SIP Analysis)
``2015 RACT SIP''.
MDAQMD............ MDAQMD Federal 2/23/15 9/9/2015
Negative
Declarations for
Nineteen Control
Techniques
Guidelines Source
Categories
``Negative
Declarations for 19
CTGs''.
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In addition to these SIP submittals, the District and CARB
transmitted commitment letters to the EPA to adopt and submit specific
enforceable measures within a year of our anticipated approval date
that would remedy the deficiencies identified in the 2017 MDAQMD and
CARB letters to the EPA.\1\
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\1\ Letters from Brad Poiriez, Mojave Desert Air Quality
Management District (MDAQMD) to Alexis Strauss, U.S. Environmental
Protection Agency (EPA) and Richard Corey, California Air Resources
Board (CARB), dated September 25, 2017 and September 27, 2017.
Letter from Jon Taylor, CARB, to Alexis Strauss, EPA, dated October
3, 2017.
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On January 11, 2008, the submittal for MDAQMD's RACT SIP for the
1997 8-hour ozone NAAQS (2006 RACT SIP) was deemed by operation of law
to meet the completeness criteria in Title 40 of the Code of Federal
Regulations (CFR) part 51 Appendix V, which must be met before formal
EPA review. On March 9, 2016, the submittal for the MDAQMD's 2015 RACT
SIP, including negative declarations for 19 CTGs, was found to meet the
completeness criteria.
B. Are there other versions of these documents?
There are no previous versions of these documents in the MDAQMD
portion of the California SIP for the 1997 or 2008 8-hour ozone
standards.
C. What is the purpose of the submitted documents?
Volatile Organic Compounds (VOCs) and nitrogen oxides
(NOX) help produce ground-level ozone and smog, which harm
human health and the environment. Section 110(a) of the CAA requires
states to submit regulations that control VOCs and NOX
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 NOX. The MDAQMD is
subject to this requirement as it regulates the San Bernardino portion
of the Western Mojave Desert ozone nonattainment area that was
previously designated and classified as a Moderate nonattainment area
for the 1997 NAAQS and is currently classified as a Severe-15 ozone
nonattainment area for the 1997 and the 2008 8-hour ozone NAAQS.\2\
Therefore, the MDAQMD 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 NOX within the nonattainment area. Any stationary
source that emits or has the potential to emit at least 100 tons per
year of VOCs or NOX is a major stationary source in a
Moderate ozone nonattainment area (CAA section 182(b)(2), (f) and
302(j)), and any stationary source that emits or has the potential to
emit at least 25 tons per year of VOCs or NOX is a major
stationary source in a Severe ozone nonattainment area (CAA sections
182(d) and (f)).
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\2\ 40 CFR 81.305; 69 FR 23858 at 23884 (April 30, 2004) (final
rule designating and classifying Western Mojave Desert as a Subpart
2/Moderate nonattainment for the 1997 8-hour ozone NAAQS); 77 FR
26950 (May 8, 2012) (final rule reclassifying Western Mojave Desert
as Severe-15 nonattainment for the 1997 8-hour ozone NAAQS); and 77
FR 30088 at 30100 (May 21, 2012) (final rule designating and
classifying Western Mojave Desert as Severe-15 nonattainment for the
2008 8-hour ozone NAAQS). Western Mojave Desert is listed in the
final rulemaking under ``Los Angeles-San Bernardino Cos (W Mojave
Desert), CA: Los Angeles County (part).'' The EPA evaluated MDAQMD's
2006 RACT SIP submittal as a Moderate ozone nonattainment area since
the District adopted its 2006 certification based on that
classification. On March 13, 2014, the MDAQMD provided additional
information to supplement its 2006 RACT SIP, to address the EPA's
September 11, 2006 comments on the 2006 RACT SIP.
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Section IV.G of the preamble to the EPA's final rule to implement
the 1997 8-hour ozone NAAQS (70 FR 71612, November 29, 2005) discusses
RACT
[[Page 54311]]
requirements. It states in part that where a RACT SIP is required,
states implementing the 8-hour standard generally must assure that RACT
is implemented, either through a certification that previously required
RACT controls still represent RACT for 8-hour implementation purposes
or through a new RACT determination. Section III.D of the preamble to
the EPA's final rule to implement the 2008 ozone NAAQS (80 FR 12264,
March 6, 2015) discusses similar requirements for RACT. The submitted
documents provide MDAQMD's analyses of its compliance with the CAA
section 182 RACT requirements for the 1997 and 2008 8-hour ozone NAAQS.
The EPA's technical support documents (TSDs) \3\ have more information
about the District's submissions and the EPA's evaluations thereof.
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\3\ The docket for this proposed action contains two TSDs, one
addressing the 2006 RACT SIP, and one addressing the 2015 RACT SIP
and Negative Declarations for 19 CTGs.
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II. The EPA's Evaluation and Proposed Action
A. How is the EPA evaluating the submitted documents?
SIP rules must require RACT for each category of sources covered by
a CTG document as well as each major source of VOCs or NOX
in ozone nonattainment areas classified as Moderate or above (see CAA
section 182(b)(2)). The MDAQMD regulates a Severe ozone nonattainment
area (see 40 CFR 81.305), so the District's rules must implement RACT.
States should also submit for SIP approval negative declarations
for those source categories for which they are not adopting CTG-based
regulations (because they have no sources above the CTG recommended
threshold) regardless of whether such negative declarations were made
for an earlier SIP.\4\ To do so, the submittal should provide
reasonable assurance that no sources subject to the CTG requirements
currently exist or are planned for the MDAQMD.
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\4\ 57 FR 13498, 13512 (April 16, 1992). The EPA previously
approved several negative declarations submitted by MDAQMD. See 76
FR 29153 (May 20, 2011).
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The District's analysis must demonstrate that each major source of
NOX or VOCs in the nonattainment area is covered by a RACT-
level rule. In addition, for each CTG source category, the District
must either 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. ``Final Rule to Implement the 8-hour Ozone National Ambient
Air Quality Standard--Phase 2'': (70 FR 71612; November 29, 2005).
2. ``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).
3. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies,
and Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January
11, 1990).
4. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
5. ``State Implementation Plans; Nitrogen Oxides Supplement to
the General Preamble; Clean Air Act Amendments of 1990
Implementation of Title I; Proposed Rule,'' (the NOX
Supplement), 57 FR 55620, November 25, 1992.
6. Memorandum from William T. Harnett to Regional Air Division
Directors, (May 18, 2006), ``RACT Qs & As--Reasonably Available
Control Technology (RACT) Questions and Answers.''
7. RACT SIPs, Letter dated March 9, 2006 from EPA Region IX
(Andrew Steckel) to CARB (Kurt Karperos) describing Region IX's
understanding of what constitutes a minimally acceptable RACT SIP.
8. RACT SIPs, Letter dated April 4, 2006 from EPA Region IX
(Andrew Steckel) to CARB (Kurt Karperos) listing EPA's current CTGs,
ACTs, and other documents which may help to establish RACT.
9. ``Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements'' (80 FR
12264; March 6, 2015).
With respect to major stationary sources, because the Western
Mojave Desert ozone nonattainment area was classified as ``Moderate''
nonattainment for the 1997 8-hour ozone NAAQS at the time that
California submitted the 2006 RACT SIP to the EPA, the EPA evaluated
this submission in accordance with the 100 ton per year (tpy) threshold
for ``major stationary sources'' of VOCs or NOX emissions in
Moderate ozone nonattainment areas. (see CAA sections 182(b)(2) and
(f)).
MDAQMD's 2015 RACT SIP submittal contains the District's RACT
evaluation for major stationary sources in accordance with the 25 tpy
threshold for major stationary sources of VOCs or NOX
emissions in Severe ozone nonattainment areas. (see CAA sections 182(d)
and (f)). The EPA also evaluated MDAQMD's submittals for compliance
with the additional RACT requirements that became applicable following
the EPA's reclassification of the Western Mojave Desert ozone
nonattainment area from ``Moderate'' to ``Severe'' nonattainment for
the 1997 8-hour ozone NAAQS and classification as a Severe ozone
nonattainment area for the 2008 8-hour ozone NAAQS.
B. Do the documents meet the evaluation criteria?
We find that the District's submissions are largely consistent with
the applicable CAA requirements. The District has identified rule
deficiencies for certain rules, and in light of the District's
commitment to adopt specific enforceable measures to remedy the
identified rule deficiencies, the EPA will propose to conditionally
approve portions of the submittals.
The SIP submittals and supplementary material demonstrate that all
of the identified SIP rules implement RACT for the applicable CTG
categories and for the major non-CTG stationary sources of VOCs and
NOX for the 1997 and 2008 8-hour ozone NAAQS, with the
exception of the following rules: Rule 461, Gasoline Transfer and
Dispensing; Rule 462, Organic Liquid Loading; Rule 463, Storage of
Organic Liquids; Rule 1104, Organic Solvent Degreasing; Rule 1106,
Marine Coating Operations; Rule 1114, Wood Products Coating Operations;
Rule 1115, Metal Parts & Product Coating Operations; Rule 1157, Boilers
and Process Heaters; Rule 1160, Internal Combustion Engines; Rule 1161,
and Portland Cements Kilns; Rule 1162, Polyester Resin Operations.
On February 24, 2017, CARB submitted an updated version of Rule
1106, Marine Coating Operations. The EPA has concluded that the
District's revisions of this rule cure the deficiencies identified by
the District in its 2015 RACT SIP Analysis. We are proposing approval
of this rule in parallel with the present proposed action.
On September 25, 2017 and September 27, 2017, the District
transmitted to CARB and the EPA commitments to adopt new or revised
rules that will resolve the identified rule deficiencies in the
remaining rules, and to transmit these rules to CARB no later than
December 31, 2018. On October 3, 2017, CARB committed to submit these
rules to the EPA no later than January 31, 2019.\5\ These letters
commit the District to adopt specific enforceable measures to correct
the rule deficiencies, commit the state to submit them to the EPA by a
date certain, and are clear and enforceable. Accordingly, we believe
these commitment letters are consistent with CAA requirements regarding
conditional approval for the
[[Page 54312]]
2006 and 2015 RACT SIPs with respect to the rules cited above.\6\ See
CAA section 110(k)(4).
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\5\ Letters from Brad Poiriez, Mojave Desert Air Quality
Management District (MDAQMD) to Alexis Strauss, U.S. Environmental
Protection Agency (EPA) and Richard Corey, California Air Resources
Board (CARB), dated September 25 and September 27, 2017. Letter from
Jon Taylor, CARB, to Alexis Strauss, EPA, dated October 3, 2017.
\6\ We note that the District has begun acting on its
commitment. MDAQMD has drafted revisions to Rules 461, 462, 463 and
1115 and is in the process of responding to EPA's comments on the
preliminary draft amendments.
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Where there are no existing sources covered by a particular CTG
document, 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. On September 9, 2015, CARB
submitted for SIP inclusion MDAQMD's negative declarations for 19 CTG
source categories. The District certified that it examined its permit
files, emissions inventory and other documentation and determined that
there are no sources in the CTG source categories listed in Table 2.\7\
The District adopted the negative declarations on February 23, 2015,
after reasonable notice and public comment.\8\ We searched CARB's
emissions inventory database and verified that there did not appear to
be facilities in the MDAQMD that might be subject to the 19 CTG
categories. We conclude that these negative declarations are consistent
with the relevant policy and guidance regarding RACT. The TSDs for
today's action have more information on our evaluation.
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\7\ Mojave Desert Air Quality Management District Federal
Negative Declaration (8 hr Ozone Standard) for Nineteen CTG
Categories, signed by Eldon Heaston, Executive Officer, signed on
January 13, 2015, and Board adopted on February 23, 2015.
\8\ See Resolution 15-03; February 23, 2015.
\9\ The District also lists ``Protocol for Determining the Daily
VOC Emission Rate of Automobile and Light-Duty Truck Primer-Surfacer
and Topcoat Operations (EPA 453/R-08-002, 09/08),'' however, this
document is not a CTG.
\10\ The District also lists ``Control Techniques for VOC
Emissions from Stationary Sources: Industrial Manufacturing
Processes (EPA-453/R-92-018, 12/92, NTIS PB-93-150-258),'' however,
this is not a CTG document.
Table 2--Negative Declarations
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CTG source category CTG reference document
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Large Petroleum Dry Cleaners. EPA 450/3-82-009, 9/82 Control of VOC
Emissions from Large Petroleum Dry
Cleaners.
Manufacture of High-Density EPA-450/3-83-008, 11/83 Control of
Polyethylene, Polypropylene, Volatile Organic Compound Emissions from
and Polystyrene Resins. Manufacture of High-Density
Polyethylene, Polypropylene, and
Polystyrene Resins.
Manufacture of Pneumatic EPA-450/2-78-030, Control of Volatile
Rubber Tires. Organic Emissions from Manufacture of
Pneumatic Rubber Tires.
Surface Coating of Cans...... EPA-450/2-77-008, 5/77 Control of
Volatile Organic Emissions from Existing
Stationary Sources--Vol. II: Surface
Coating of Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty Trucks.
Surface Coating of Coils..... EPA-450/2-77-008, 5/77 Control of
Volatile Organic Emissions from Existing
Stationary Sources--Vol. II: Surface
Coating of Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty Trucks.
Surface Coating Operations at EPA 453/R-08-006, 09/08, Control
Automotive and Light Duty Technique Guidelines for Automobile and
Truck Assembly Plants. Light-Duty Truck Assembly Coatings.\9\
EPA-450/2-77-008, 5/77 Control of
Volatile Organic Emissions from Existing
Stationary Sources--Vol. II: Surface
Coating of Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty Trucks.
Large Appliances, Surface EPA-450/2-77-034, 12/77 Control of
Coatings. Volatile Organic Emissions from Existing
Stationary Sources--Volume V: Surface
Coating of Large Appliances.
EPA 453/R-07-004, 09/07, Control
Techniques Guidelines for Large
Appliance Coatings.
Surface Coating of Magnet EPA-450/2-77-033, 12/77 Control of
Wire. Volatile Organic Emissions from Existing
Stationary Sources, Volume IV: Surface
Coating of Insulation of Magnet Wire.
Vacuum Producing Devices or EPA-450/2-77-025, 10/77 Control of
Systems. Refinery Vacuum Producing Systems,
Wastewater Separators, and Process Unit
Turnarounds.
Leaks from Petroleum Refinery EPA-450/2-77-025, 10/77 Control of
Equipment. Refinery Vacuum Producing Systems,
Wastewater Separators, and Process Unit
Turnarounds.
Process Unit Turnarounds..... EPA-450/2-77-025, 10/77 Control of
Refinery Vacuum Producing Systems,
Wastewater Separators, and Process Unit
Turnarounds.
Equipment Leaks from Natural EPA-450/3-83-007,12/83 Control of
Gas/Gasoline Processing Volatile Organic Compound Equipment
Plants. Leaks from Natural Gas/Gasoline
Processing Plants.
Manufacture of Synthesized EPA-450/2-78-029, 12/78 Control of
Pharmaceutical Products. Volatile Organic Emissions from
Manufacture of Synthesized
Pharmaceutical Products.\10\
Air Oxidation Processes EPA-450/3-84-015, 12/84 Control of
(SOCMI). Volatile Organic Compound Emissions from
Air Oxidation Process in Synthetic
Organic Chemical Manufacturing Industry
(SOCMI).
Reactor and Distillation EPA-450/4-91-031, 08/93 Control of
Processes (SOCMI). Volatile Organic Compound Emissions from
Reactor Process and Distillation
Operations in SOCMI.
Equipment used in Synthetic EPA-450/3-83-006, 03/84 Control of
Organic Chemical Polymers Volatile Organic Compound Leaks from
and Resin Manufacturing. Synthetic Organic Chemical Polymer and
Resin Manufacturing Equipment.
Leaks from Petroleum Refinery EPA-450/2-78-036, 06/78 Control of
Equipment. Volatile Organic Compound Leaks from
Petroleum Refinery Equipment.
Metal Furniture Coating...... EPA-450/2-77-032, 12/77 Control of
Volatile Organic Emissions from Existing
Stationary Sources--Volume III: Surface
Coating of Metal Furniture.
EPA 453/R-07-005, 09/07 Control
Techniques Guidelines for Metal
Furniture Coatings.
Flat Wood Paneling........... EPA-450/2-78-032, 06/78 Control of
Volatile Organic Emissions from Existing
Stationary Sources--Volume VII: Factory
Surface Coating of Flat Wood Paneling.
EPA-453/R-06-004, 09/06 Control
Techniques Guidelines for Flat Wood
Paneling Coatings.
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Accordingly, the District's 2006 and 2015 RACT SIP submittals
satisfy the CAA section 182 RACT requirements, with the exception of
the rules identified above, which the District has either already
corrected, or has committed to correct.
[[Page 54313]]
Our 2006 and 2015 RACT SIP TSDs have more information on our
evaluation.
C. EPA Recommendations To Further Improve the RACT SIPs
The 2015 RACT SIP TSD describes recommendations if additional
emission reductions are needed for the next time the local agency
modifies its rules.
D. Public Comment and Proposed Action
If a portion of a plan revision meets all the applicable CAA
requirements, section 110(k)(3) authorizes the EPA to approve the plan
revision in part. 42 U.S.C. 7410(k)(3). In addition, section 110(k)(4)
authorizes the EPA to conditionally approve a plan revision based on a
commitment by the state to adopt specific enforceable measures by a
date certain but not later than one year after the date of the plan
approval. 42 U.S.C. 7410(k)(4). In this instance, the enforceable
measures that the state must submit are new or revised rules that
correct the rule deficiencies identified above. On October 3, 2017, the
state transmitted a commitment letter dated September 25, 2017 from the
MDAQMD to adopt and transmit rules or rule revisions to the state that
correct the deficiencies identified in Rule 461, Gasoline Transfer and
Dispensing; Rule 462, Organic Liquid Loading; Rule 463, Storage of
Organic Liquids; Rule 1104, Organic Solvent Degreasing; Rule 1114, Wood
Products Coating Operations; Rule 1115, Metal Parts and Product Coating
Operations; Rule 1157, Boilers and Process Heaters; Rule 1160, Internal
Combustion Engines; Rule 1161, Portland Cement Kilns; and Rule 1162,
Polyester Resin Operations no later than December 31, 2018. The state
also transmitted a second commitment letter from MDAQMD dated September
27, 2017 to adopt and transmit revised Rule 1104, Organic Solvent
Degreasing and Rule 1162, Polyester Resin Operations no later than
December 31, 2018. The state's transmittal letter commits the state to
submit to the EPA these rules no later than January 31, 2019.
If the MDAQMD or the state fail to comply with this commitment,
this proposed conditional approval would convert to a disapproval and
start an 18-month clock for sanctions under CAA section 179(a)(2) and a
two-year clock for a federal implementation plan under CAA section
110(c)(1).
As authorized in section 110(k)(3) and (4) of the Act, the EPA
proposes to partially conditionally approve MDAQMD's 2006 and 2015 RACT
SIPs with respect to Rule 461, Gasoline Transfer and Dispensing; Rule
462, Organic Liquid Loading; Rule 463, Storage of Organic Liquids; Rule
1104, Organic Solvent Degreasing; Rule 1114, Wood Products Coating
Operations; Rule 1115, Metal Parts and Product Coating Operations; Rule
1157, Boilers and Process Heaters; Rule 1160, Internal Combustion
Engines; Rule 1161, Portland Cement Kilns; and Rule 1162, Polyester
Resin Operations. Simultaneously, EPA proposes to partially approve the
remainder of MDAQMD's 2006 and 2015 RACT SIPs, and to fully approve
MDAQMD's negative declarations, submitted on September 9, 2015.
We will accept comments from the public on this proposal until
December 18, 2017. If we take final action to approve the submitted
documents, our final action will incorporate these documents into the
SIP.
III. 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. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not an Executive Order 13771 regulatory action
because actions such as SIP approvals are exempted under Executive
Order 12866.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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.
I. 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.
J. 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
[[Page 54314]]
application of those requirements would be inconsistent with the CAA.
K. 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.
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 6, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-25017 Filed 11-16-17; 8:45 am]
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