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[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, shears.james@epa.gov.

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:

----------------------------------------------------------------------------------------------------------------
              Local agency                               Document                     Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
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.

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

* * * * *

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]
 BILLING CODE 6560-50-P
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