```

[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)]
[Proposed Rules]
[Pages 2136-2140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00571]

=======================================================================
-----------------------------------------------------------------------

 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-959; FRL-9941-14-Region 9]

Revisions to the California State Implementation Plan, Sacramento 
Metropolitan Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing a 
partial approval and partial disapproval of revisions to the Sacramento 
Metropolitan (Metro) Air Quality Management District (SMAQMD 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 National Ambient Air Quality Standard (NAAQS). We are 
proposing action on a local 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: Any comments must arrive by February 16, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2012-959 at http://www.regulations.gov, or via email to 
Steckel.Andrew@epa.gov. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Stanley Tong, EPA Region IX, (415) 
947-4122, tong.stanley@epa.gov.

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 RACT SIP submissions?
II. The EPA's Evaluation and Proposed Action
    A. How is the EPA evaluating the RACT SIP submissions?
    B. Do the RACT SIP submissions meet the evaluation criteria?
    C. What are the RACT deficiencies?
    D. EPA Recommendations To Further Improve the RACT SIP.
    E. 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 to 
the EPA by the California Air Resources Board (CARB).

                                          Table 1--Submitted Documents
----------------------------------------------------------------------------------------------------------------
              Local agency                               Document                     Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
SMAQMD.................................  Reasonably Available Control Technology        10/26/06        07/11/07
                                          (RACT) as Applicable to the 8-Hour
                                          Ozone Standard, dated October 26, 2006
                                          (``2006 RACT SIP'').

[[Page 2137]]

 
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'').
----------------------------------------------------------------------------------------------------------------

    The 2006 RACT SIP and Updated RACT SIP became complete by operation 
of law under CAA section 110(k)(1)(B) on January 11, 2008 and July 21, 
2009, respectively.

B. Are there other versions of these documents?

    There are no previous versions of these documents in the SMAQMD 
portion of the California SIP.

C. What is the purpose of the RACT SIP submissions?

    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 VOC 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 any major stationary source of VOCs or NOX. The 
Sacramento Metro area is subject to this requirement as it is 
designated and classified as a severe ozone nonattainment area for the 
1997 8-hour ozone NAAQS. 40 CFR 81.305; 69 FR 23858 at 23887 (April 30, 
2004) (final rule designating and classifying Sacramento Metro area as 
serious nonattainment for the 1997 8-hour ozone NAAQS); 75 FR 24409 
(May 5, 2010) (final rule reclassifying the Sacramento Metro area as 
severe-15 nonattainment for the 1997 8-hour ozone NAAQS). 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 NOX within the Sacramento Metro nonattainment area. 
Any stationary source that emits or has a potential to emit at least 25 
tons per year (tpy) of VOCs or NOX is a major stationary 
source in a severe ozone nonattainment area (CAA section 182(d) and 
(f)).
    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 requirements. It states in part that where a RACT SIP is required, 
States implementing the 8-hour standard generally must assure that RACT 
is met either through a certification that previously required RACT 
controls represent RACT for 8-hour implementation purposes or through a 
new RACT determination. The submitted documents provide SMAQMD's 
analyses of its compliance with the CAA section 182 RACT requirements 
for the 1997 8-hour ozone NAAQS. The EPA's technical support documents 
(TSDs)(``2006 RACT SIP TSD'' and ``RACT SIP Update TSD'') have more 
information about the District's submissions and the EPA's evaluations 
thereof.

II. The EPA's Evaluation and Proposed Action

A. How is the EPA evaluating the RACT SIP submissions?

    SIP rules must be enforceable (see CAA section 110(a)(2)), must not 
interfere with applicable requirements concerning attainment and 
reasonable further progress or other CAA requirements (see CAA section 
110(l)), and must not modify certain SIP control requirements in 
nonattainment areas without ensuring equivalent or greater emissions 
reductions (see CAA section 193). Generally, SIP rules must require 
RACT for each category of sources covered by a CTG document as well as 
each major source of NOX or VOCs in ozone nonattainment 
areas classified as moderate or above (see CAA section 182(b)(2)). The 
SMAQMD regulates a severe ozone nonattainment area (see 40 CFR 81.305), 
so the District's rules must implement RACT.
    Guidance and policy documents that we use to evaluate 
enforceability and CAA section 182 RACT SIPs 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).
    3. Issues Relating to VOC Regulation Cutpoints, Deficiencies, 
and Deviations: Clarification to Appendix D of November 24, 1987 
Federal Register, May 25, 1988, Revised January 11, 1990, U.S. EPA, 
Air Quality Management Division, Office of Air Quality Planning and 
Standards (``The Blue Book'').
    4. Guidance Document for Correcting Common VOC and Other Rule 
Deficiencies, August 21, 2001, U.S. EPA Region IX (the ``Little 
Bluebook'').
    5. ``State Implementation Plans; Nitrogen Oxides Supplement to 
the General Preamble for the Implementation of Title I of the Clean 
Air Act Amendments of 1990'' (57 FR 55620, November 25, 1992) (``the 
NOX Supplement'').
    6. 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.
    7. Memorandum from William T. Harnett to Regional Air Division 
Directors, (May 18, 2006), ``RACT Qs & As--Reasonably Available 
Control Technology (RACT) Questions and Answers''.
    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.

    With respect to major stationary sources, because the Sacramento 
Metro nonattainment area was classified as ``serious'' 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 50 ton per year (tpy) threshold for ``major 
stationary sources'' of VOC or NOX emissions in serious 
ozone nonattainment areas. CAA section 182(c) and (f). The SMAQMD's 
Updated RACT SIP contains the District's RACT evaluation for additional 
major stationary sources based upon the 25 tpy major source threshold 
in severe ozone nonattainment areas (see CAA section 182(d) and (f)), 
which the EPA evaluated for compliance with the additional RACT 
requirements that became applicable following the EPA's 
reclassification of the Sacramento Metro area from ``serious'' to 
``severe'' nonattainment for the 1997 8-hour ozone NAAQS. See 69 FR 
23858 at 23887 (April 30, 2004) (final rule designating and classifying 
the Sacramento Metro area as serious nonattainment for the 1997 8-hour 
ozone NAAQS) and 75 FR 24409 (May 5, 2010) (final rule reclassifying 
the Sacramento Metro area as severe-15 nonattainment for the 1997 8-
hour ozone NAAQS).

B. Do the RACT SIP submissions meet the evaluation criteria?

    The 2006 RACT SIP and Updated RACT SIP provide the District's

[[Page 2138]]

conclusion that the applicable SIP for the Sacramento Metro area 
satisfies CAA section 182 RACT requirements for the 1997 8-hour ozone 
NAAQS. This conclusion is based on the District's analyses of SIP-
approved requirements that apply to: (1) CTG source categories; (2) 
certain non-CTG source categories or emission units located at major 
stationary sources; and (3) all major stationary sources of VOC or 
NOX emissions. See 2006 RACT SIP Staff Report at Appendices 
A-D and Updated RACT SIP Staff Report at Appendices A-B. SMAQMD's 2006 
RACT SIP Staff Report and Updated RACT SIP Staff Report include 
detailed analyses of its SIP rules including discussions of how those 
rules continue to implement RACT for the 1997 8-hour ozone NAAQS.
    First, with respect to CTG source categories, Table 1 of the 2006 
RACT SIP Staff Report and Table 1 of the Updated RACT SIP Staff Report 
lists all CTG source categories and match those CTG categories with 
corresponding District rules which implement RACT. SMAQMD also searched 
its database of permitted sources and telephone directories for 
potential sources belonging to those CTG categories for which the 
District did not have rules. Based on these evaluations, the District 
concluded that there were no CTG source categories for which the 
District had sources but no applicable RACT requirement. See 2006 RACT 
SIP Staff Report at 2 and Updated RACT SIP Staff Report at 3. Our 
review of CARB's emissions inventory database for potential CTG sources 
did not uncover any CTG source categories missing from the District's 
analyses.
    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. Table 2 below lists all of 
the source categories for which SMAQMD's 2006 RACT SIP and Updated RACT 
SIP provide negative declarations.

                  Table 2--SMAQMD Negative Declarations
------------------------------------------------------------------------
          CTG Source category                   CTG Document title
------------------------------------------------------------------------
Aerospace Coating......................  EPA-453/R-97-004 and 59 FR
                                          29216 (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
                                          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
                                          Volatile Organic Compound
                                          Emissions from Large Petroleum
                                          Dry Cleaners.
Graphic Arts (Rotogravure).............  EPA-450/2-78-033--Control of
                                          Volatile Organic Emissions
                                          from Existing Stationary
                                          Sources, Volume VIII: Graphic
                                          Arts--Rotogravure and
                                          Flexography.
Large Appliance Coating................  EPA-450/2-77-034--Control of
                                          Volatile Organic Emissions
                                          from Existing Stationary
                                          Sources, Volume V: Surface
                                          Coating of Large Appliances.
                                         EPA-453/R-07-004--Control
                                          Techniques Guidelines for
                                          Large Appliance Coatings.
Magnetic Wire Coating..................  EPA-450/2-77-033--Control of
                                          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
                                          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
                                          Volatile Organic Compound
                                          Equipment Leaks from Natural
                                          Gas/Gasoline Processing
                                          Plants.
Paper and Fabric Coating...............  EPA-450/2-77-008--Control of
                                          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
 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
                                          Refinery Vacuum Producing
                                          Systems, Wastewater Separators
                                          and Process Unit Turnarounds.
                                         EPA-450/2-78-036--Control of
                                          Volatile Organic Compound
                                          Leaks from Petroleum Refinery
                                          Equipment.
Rubber Tire Manufacturing..............  EPA-450/2-78-030--Control of
                                          Volatile Organic Emissions
                                          from Manufacture of Pneumatic
                                          Rubber Tires.
Ship Coating...........................  61 FR 44050--Control Techniques
                                          Guidelines for Shipbuilding
                                          and Ship Repair Operations
                                          (Surface Coating).
Wood Coating (Flat Wood Paneling)......  EPA-450/2-78-032--Control of
                                          Volatile Organic Emissions
                                          from Existing Stationary
                                          Sources, Volume VII: Factory
                                          Surface Coating of Flat Wood
                                          Paneling.
                                         EPA-453/R06-004--Control
                                          Techniques Guidelines for Flat
                                          Wood Paneling Coatings.
Paper, Film and Foil...................  EPA-453/R-07-004--Control
                                          Techniques Guidelines for
                                          Paper, Film, and Foil
                                          Coatings.
------------------------------------------------------------------------
Source: 2006 RACT SIP at 1-2 and Updated RACT SIP at 2-3.

[[Page 2139]]

    Subsequent to submitting its 2006 RACT SIP and Updated RACT SIP, 
SMAQMD submitted, and the EPA approved, negative declarations for the 
following CTG source categories: Coating Operations at Aerospace 
Manufacturing and Rework Operations (77 FR 23130, April 18, 2012), 
Fiberglass Boat Manufacturing Materials (77 FR 63743, October 17, 
2012), and Automobile and Light-Duty Truck Assembly Coatings (77 FR 
63743, October 17, 2012).
    With the exception of the Pharmaceuticals Manufacturing CTG and the 
municipal landfill category, we are proposing to find that SMAQMD's 
2006 RACT SIP and Updated RACT SIP, including the above negative 
declarations, largely demonstrate that the applicable SIP rules for the 
CTG source categories operating within the Sacramento Metro area 
satisfy RACT for the 1997 8-hour ozone NAAQS. We will discuss the 
deficiencies with Rule 455, Pharmaceuticals Manufacturing and the 
municipal landfill category, in the next section.
    Our 2006 RACT SIP TSD provides a more detailed discussion of the 
EPA's rationale, including an overview of the District's analyses which 
were made available for public comment during the District's rulemaking 
process, together with recommendations for rule improvements.
    Second, with respect to certain non-CTG source categories located 
at facilities that are major stationary sources of VOC or 
NOX emissions, the 2006 RACT SIP Staff Report contains: (1) 
A summary of recommendations or requirements contained in applicable 
Alternative Control Technique (ACT) documents, federal and state RACT 
guidance documents, and/or regulations; (2) a summary of the applicable 
District rules; and (3) an evaluation of the District's rules in light 
of the applicable RACT guidance documents and/or regulations. See 2006 
RACT SIP Staff Report at Appendix B. Based on these evaluations, SMAQMD 
concludes that non-CTG emission sources located within these VOC or 
NOX major stationary sources are generally covered by SIP-
approved rules that satisfy RACT for the 1997 8-hour ozone NAAQS. We 
are proposing to find that the SMAQMD's 2006 RACT SIP and Updated RACT 
SIP submissions adequately demonstrate that the applicable SIP rules 
for these non-CTG sources located at major stationary sources satisfy 
RACT for the 1997 8-hour ozone NAAQS.
    Our 2006 RACT SIP TSD provides a more detailed discussion of the 
EPA's rationale for these proposals, including an overview of the 
District's analyses which were made available for public comment during 
the District's rulemaking process.
    Finally, with respect to all other major stationary sources of VOC 
or NOX emissions, the 2006 RACT SIP and Updated RACT SIP 
identify the applicable SIP rules or SIP-approved permit provisions 
that the EPA has previously approved as satisfying RACT. Our review of 
CARB's emissions inventory database did not uncover any additional 
major stationary sources that were missed in the District's analyses. 
Based on the EPA's review of the District's evaluations, we propose to 
conclude that with the exception of the Pharmaceuticals Manufacturing 
rule and municipal waste landfill category, all of the identified SIP 
rules and permit conditions satisfy RACT for the 1997 8-hour ozone 
NAAQS.

C. What are the RACT deficiencies?

    Rule 455, Pharmaceuticals Manufacturing, (amended 11/29/83 and 9/5/
96) lacks test methods, recordkeeping, and monitoring requirements 
which are necessary to support enforcement of the rule. See CAA section 
110(a). These are deficiencies listed in the EPA's ``Blue Book'' 
(Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations, May 25, 1988, revised January 11, 1990) and should be 
corrected.
    The Kiefer landfill is a major source of VOCs located within the 
Sacramento Metro area. SMAQMD Rule 485, Municipal Landfill Gas, exempts 
landfills covered under the NSPS, 40 CFR part 60 Subpart WWW, including 
Kiefer Landfill. Although the District has been delegated authority to 
implement and enforce the NSPS, as well as the relevant NESHAP (40 CFR 
part 63 Subpart AAAA), those requirements have not been incorporated 
into the SIP. The District should amend the rule or submit relevant 
portions of the facility's permit for SIP approval.

D. EPA Recommendations To Further Improve the RACT SIP

    Our TSDs for the 2006 RACT SIP and Updated RACT SIP provide 
additional recommendations for future rule improvements.

E. Proposed Action and Public Comment

    For the reasons discussed above and explained more fully in our 
2006 RACT SIP TSD and Updated RACT SIP TSD, the EPA proposes to 
partially approve and partially disapprove SMAQMD's 2006 RACT SIP and 
Updated RACT SIP. Under CAA section 110(k)(3), we propose 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 propose to disapprove those 
elements of the 2006 RACT SIP and Updated RACT SIP that pertain to Rule 
455 and the municipal waste landfill category, which the EPA has 
determined do not meet all of the applicable CAA requirements. We will 
not finalize this partial disapproval, however, if we fully approve 
revisions to Rule 455 and the municipal waste landfill category as 
satisfying RACT before finalizing action on the 2006 RACT SIP and 
Updated RACT SIP.
    The EPA is committed to working with CARB and the District to 
resolve the Rule 455 and municipal waste landfill RACT deficiencies 
identified in this proposed action.
    If finalized, this partial disapproval would trigger the 2-year 
clock for the federal implementation plan (FIP) requirement under 
section 110(c).
    In addition, final disapproval would trigger sanctions under CAA 
section 179 and 40 CFR 52.31 unless the EPA approves subsequent SIP 
revisions that correct the RACT SIP deficiencies within 18 months of 
the effective date of the final action.
    We will accept comments from the public on the proposed partial 
approval and partial disapproval for the next 30 days.

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. 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.

[[Page 2140]]

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.

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: December 11, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2016-00571 Filed 1-14-16; 8:45 am]
 BILLING CODE 6560-50-P
```