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[Federal Register Volume 76, Number 127 (Friday, July 1, 2011)]
[Rules and Regulations]
[Pages 38572-38575]
From the Federal Register Online via the Government Printing 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: steckel.andrew@epa.gov.
    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, allen.cynthia@epa.gov.

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
------------------------------------------------------------------------
   Local agency            Title              Adopted        Submitted
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

    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.
------------------------------------------------------------------------

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]
BILLING CODE 6560-50-P
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