[Federal Register Volume 83, Number 5 (Monday, January 8, 2018)]
[Proposed Rules]
[Pages 764-768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00025]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / 
Proposed Rules

[[Page 764]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2008-0612; FRL-9972- 81--Region 9]


Approval of California Air Plan Revisions, Yolo-Solano 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 a revision to the Yolo-Solano Air Quality Management District 
(YSAQMD) portion of the California State Implementation Plan (SIP). 
This revision concerns the District's demonstration regarding 
Reasonably Available Control Technology (RACT) requirements for the 
1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). The 
EPA previously proposed to disapprove YSAQMD's 2006 RACT SIP submittal 
for the 1997 8-hour ozone NAAQS because we found that existing District 
rules implemented RACT for many but not all applicable sources. The 
YSAQMD has since addressed these deficiencies by adopting approvable 
rules that implement RACT and by adopting negative declarations where 
the District concluded it had no sources subject to RACT requirements. 
Therefore, we withdraw our previous proposed disapproval of YSAQMD's 
2006 RACT SIP and now propose to approve it into the California SIP. 
The EPA is also proposing to approve YSAQMD's negative declarations 
into the SIP for the 1997 8-hour ozone NAAQS.
    We are proposing to approve 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 February 7, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2008-0612 at https://www.regulations.gov, or via email to Stanley 
Tong, at <a href="/cdn-cgi/l/email-protection#463229282168353227282a233f0623362768212930"><span class="__cf_email__" data-cfemail="35415a5b521b4641545b59504c755045541b525a43">[email protected]</span></a>. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Stanley Tong, EPA Region IX, (415) 
947-4122, <a href="/cdn-cgi/l/email-protection#41352e2f266f3235202f2d2438012431206f262e37"><span class="__cf_email__" data-cfemail="62160d0c054c1116030c0e071b220712034c050d14">[email protected]</span></a>.

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 submitted documents meet the evaluation criteria?
    C. Public Comment and Proposed Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What documents did the State submit?

    On September 13, 2006, the YSAQMD adopted its ``Reasonably 
Available Control Technology (RACT) State Implementation Plan (SIP)'' 
(``2006 RACT SIP'') analysis to demonstrate its stationary sources are 
subject to RACT rules for the 1997 8-hour ozone standard. On January 
31, 2007, the California Air Resources Board (CARB) submitted it to the 
EPA for approval as a revision to the California SIP. On July 31, 2007, 
the submittal was deemed complete by operation of law. On August 18, 
2008, the EPA proposed action on YSAQMD's 2006 RACT SIP and stated that 
four deficiencies prevented full approval of the submittal.
    On December 22, 2017, CARB transmitted the District's public draft 
version of negative declarations for four Control Techniques Guidelines 
(CTG) documents along with a request for parallel processing.\1\ The 
District plans to adopt negative declarations for CTGs covering the 
Manufacture of Synthesized Pharmaceutical Products, Wood Furniture 
Manufacturing Operations, Air Oxidation Processes in Synthetic Organic 
Chemical Manufacturing Industry (SOCMI), and Reactor Processes and 
Distillation Operations in SOCMI.\2\ The negative declarations are 
being adopted because the District states it does not have stationary 
sources subject to these CTGs. As noted in footnote 1 of this document, 
under our parallel processing procedure, the EPA proposes action on a 
public draft version of a SIP revision but will take final action only 
after the final version is adopted and submitted to the EPA for 
approval. In this instance,

[[Page 765]]

we are proposing action based on the public draft version of the 
negative declarations transmitted by CARB on December 22, 2017, and 
will not take final action until the final version of the negative 
declarations is adopted and submitted to the EPA. CARB's December 22, 
2017 letter states that the YSAQMD Governing Board is scheduled to 
consider adoption of the negative declarations on January 10, 2018, and 
if it is approved, CARB will submit the final package to the EPA as a 
revision to the SIP.
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    \1\ Under the EPA's ``parallel processing'' procedure, the EPA 
proposes rulemaking action concurrently with the state's proposed 
rulemaking. If the state's proposed rule is changed, the EPA will 
evaluate that subsequent change and may publish another notice of 
proposed rulemaking. If no significant change is made, the EPA will 
publish a final rulemaking on the rule after responding to any 
submitted comments. Final rulemaking action by the EPA will occur 
only after the rule has been fully adopted by California and 
submitted formally to the EPA for incorporation into the SIP. See 40 
CFR part 51, appendix V.
    \2\ The Yolo-Solano AQMD's Governing Board is scheduled to 
consider adopting the four negative declarations on January 10, 
2018. See public hearing notice available at http://www.ysaqmd.org/news/public-hearing-notice-negative-declarations-four-control-techniques-guidelines/.
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B. Are there other versions of these documents?

    There are no previous versions of the documents described above in 
the YSAQMD portion of the California SIP for the 1997 8-hour ozone 
NAAQS.

C. What is the purpose of the submitted documents?

    Volatile Organic Compounds (VOCs) and Nitrogen Oxides 
(NO<INF>X</INF>) together produce ground-level ozone, smog and 
particulate matter, which harm human health and the environment. 
Section 110(a) of the CAA requires states to submit regulations that 
control VOC and NO<INF>X</INF> 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 CTG document and 
for any major source of VOCs or NO<INF>X</INF>. The YSAQMD is subject 
to this requirement because it regulates part of the Sacramento Metro 
ozone nonattainment area that was previously designated and classified 
as a Serious nonattainment area for the 1997 8-hour ozone NAAQS and is 
currently classified as a Severe-15 ozone nonattainment area for the 
1997 8-hour ozone NAAQS.\3\ Therefore, the YSAQMD 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 NO<INF>X</INF> within the 
nonattainment area that it regulates. Any stationary source that emits 
or has the potential to emit at least 50 tons per year (tpy) of VOCs or 
NO<INF>X</INF> is a major stationary source in a Serious ozone 
nonattainment area (CAA section 182(c), (f), and 302(j)), and any 
stationary source that emits or has the potential to emit at least 25 
tpy of VOCs or NO<INF>X</INF> is a major stationary source in a Severe 
ozone nonattainment area (CAA sections 182(d) and (f)). YSAQMD's 2006 
RACT SIP reviewed for RACT major stationary sources that emit or had 
the potential to emit at least 25 tpy of VOC or NO<INF>X</INF>.\4\
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    \3\ 40 CFR 81.305; 75 FR 24409 (May 5, 2010). The YSAQMD 
regulates the Solano County and Yolo County portions of the 
Sacramento Metro ozone nonattainment area.
    \4\ YSAQMD 2006 RACT SIP pages 6 and 9.
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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 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 still represent RACT for 8-hour implementation purposes or 
through a new RACT determination. The submitted documents provide 
YSAQMD'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) \5\ have more information about the District's 
submissions and the EPA's evaluations thereof.
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    \5\ The docket for this proposed action (https://www.regulations.gov/docket?D=EPA-R09-OAR-2008-0612) contains two 
TSDs. One supported our August 18, 2008 proposed action (73 FR 
48166) on the 2006 YSAQMD RACT SIP (2008 RACT SIP TSD). Although we 
are withdrawing our August 18, 2008 proposed disapproval, the 2008 
RACT SIP TSD contains pertinent information and analysis that 
support our current action. The second TSD supports today's action, 
and is dated December 2017 (2017 RACT SIP TSD).
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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 NO<INF>X</INF> 
in ozone nonattainment areas classified as Moderate or above (see CAA 
section 182(b)(2)). The YSAQMD 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 
applicability threshold) regardless of whether such negative 
declarations were made for an earlier SIP.\6\ To do so, the submittal 
should provide reasonable assurance that no sources subject to the CTG 
requirements currently exist or are planned for the YSAQMD.
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    \6\ 57 FR 13498, 13512 (April 16, 1992).
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    The District's analysis must demonstrate that each major source of 
NO<INF>X</INF> 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 NO<INF>X</INF> 
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, 
Alternative Control Techniques (ACTs), and other documents which may 
help to establish RACT.

    With respect to major stationary sources, the Sacramento Metro 
ozone nonattainment area was classified as ``Serious'' nonattainment 
for the 1997 8-hour ozone NAAQS at the time that California submitted 
the YSAQMD 2006 RACT SIP to the EPA. The Sacramento Metro ozone 
nonattainment area was subsequently reclassified to ``Severe'' ozone 
nonattainment. YSAQMD's 2006 RACT SIP lists major stationary sources 
within its jurisdiction that emit or have the potential to emit at 
least 25 tpy of VOC or NO<INF>X</INF>--the threshold associated with 
major stationary sources in Severe ozone nonattainment areas.

B. Do the submitted documents meet the evaluation criteria?

    Our August 18, 2008 proposed disapproval rulemaking and associated 
2008 RACT SIP TSD provide an extensive evaluation of YSAQMD's 2006 RACT 
SIP and negative declarations. See 73 FR 48166. The August 18, 2008 
proposal found that the District's

[[Page 766]]

submission generally met the CAA section 182 RACT requirements, with 
the exception of the following four deficiencies that prevented full 
approval of YSAQMD's 2006 RACT SIP:
    1. YSAQMD identified three major non-CTG sources in the District 
that were not covered by RACT rules or SIP approved permits. Such rules 
or permits should be submitted to the EPA for approval.
    Complete--YSAQMD adopted the following rules and the EPA approved 
them into the SIP:
    Rule 2.41 Expandable Polystyrene Manufacturing Operations (adopted 
September 10, 2008); SIP approved September 8, 2011 (76 FR 55581).
    Rule 2.42 Nitric Acid Production (adopted May 13, 2009); SIP 
approved on May 10, 2010 (75 FR 25778).
    Rule 2.43 Biomass Boilers (adopted November 10, 2010); SIP approved 
July 2, 2012.
    2. YSAQMD's pharmaceutical manufacturing rule may be less stringent 
than the CTG. Rule 2.35 Pharmaceutical Manufacturing Operations should 
be revised and submitted to the EPA for approval.
    Parallel processing negative declaration--YSAQMD determined that 
emissions from pharmaceutical manufacturing operations are well below 
the CTG's applicability threshold. The primary process at its facility 
performing pharmaceutical manufacturing operations involves 
fermentation, which is exempted by a supporting document that helps 
implement the CTG. The guidance document indicates that the 
applicability threshold for the Manufacture of Synthesized 
Pharmaceutical Products CTG is 15 lb/day and that the CTG does not 
apply to fermentation processes.\7\ YSAQMD plans to adopt a negative 
declaration for this CTG in January 2018 and, as discussed below, has 
requested parallel processing of the negative declaration.
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    \7\ EPA-450/2-79-004, September 1979, Guidance to State and 
Local Agencies in Preparing Regulations to Control Volatile Organic 
Compounds from Ten Stationary Source Categories, page 61. Document 
available at https://www.epa.gov/nscep.
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    3. On May 14, 2008, YSAQMD amended the solvent cleaning provisions 
in several rules to address RACT requirements. These rules need to be 
submitted to, and approved by, the EPA.
    Complete--The VOC limits for solvent cleaning operations were 
consolidated into Rule 2.31 Solvent Cleaning and Degreasing, and made 
more stringent. Rule 2.31 was approved into the SIP on April 28, 2015 
(80 FR 23449). In general, we propose to conclude that the existing 
SIP-approved rules from which the solvent cleaning limits were 
consolidated, in concert with SIP-approved Rule 2.31, implement RACT 
for the 1997 8-hour ozone standard.
    4. YSAQMD should submit a negative declaration for the Wood 
Furniture CTG or submit Rule 2.39 Wood Products Coatings Operations for 
SIP approval.
    Parallel processing negative declaration--YSAQMD plans to adopt a 
negative declaration for this CTG in January 2018 and, as discussed 
below, has requested parallel processing of the negative declaration.
    The EPA concludes that YSAQMD has effectively taken actions to 
address each of the four deficiencies identified in our August 18, 2008 
proposal.
    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 ozone nonattainment area. YSAQMD plans to 
adopt, at its January 10, 2018 Board hearing, negative declarations for 
the following CTGs:

EPA-450/2-78-029 Control of Volatile Organic Emissions from Manufacture 
of Synthesized Pharmaceutical Products;
EPA-450/3-84-015 Control of Volatile Organic Compound Emissions from 
Air Oxidation Processes in Synthetic Organic Chemical Manufacturing 
Industry;
EPA-450/4-91-031 Control of Volatile Organic Compound Emissions from 
Reactor Processes and Distillation Operations in Synthetic Organic 
Chemical Manufacturing Industry;
EPA-453/R-96-007 Control of Volatile Organic Compound Emissions from 
Wood Furniture Manufacturing Operations.
    The EPA has searched the CARB emissions inventory database and 
verified that there do not appear to be facilities in the YSAQMD that 
might be subject to these CTGs. We believe that these negative 
declarations are consistent with the relevant policy and guidance 
regarding RACT.
    Our analysis of the remainder of YSAQMD's 2006 RACT SIP for the 
1997 8-hour ozone NAAQS remains unchanged, and we propose to find that 
the District's RACT SIP submission is consistent with CAA requirements 
and relevant guidance regarding RACT, and SIP revisions.
    Our August 18, 2008 proposed action also listed 13 CTG categories 
for which the YSAQMD states it has no sources in the District subject 
to the CTGs and no District rules covering those categories. These 
categories are repeated in Table 1 below. Table 2 lists the additional 
negative declarations that YSAQMD is adopting and for which it has 
requested parallel processing.

                     Table 1--Negative Declarations
------------------------------------------------------------------------
        CTG source category                CTG reference document
------------------------------------------------------------------------
Aerospace.........................  EPA-453/R-97-004--Aerospace
                                     Manufacturing and Rework
                                     Operations.
Ships.............................  61 FR 44050 Shipbuilding and Ship
                                     Repair.
Metal Coil Container and Closure..  EPA-450/2-77-008--Surface Coating of
                                     Cans, Coils, Paper, Fabrics,
                                     Automobiles, and Light-Duty Trucks.
Magnetic Wire.....................  EPA-450/2-77-033--Surface Coating of
                                     Insulation of Magnet Wire.
Natural Gas/Gasoline Processing     EPA-450/2-83-007--Equipment Leaks
 Plants, Equipment Leaks.            from Natural Gas/Gasoline
                                     Processing Plants.
Refineries........................  EPA-450/2-77-025--Refinery Vacuum
                                     Producing Systems, Wastewater
                                     Separators, and Process Unit
                                     Turnarounds.
                                    EPA-450/2-78-036--VOC Leaks from
                                     Petroleum Refinery Equipment.
Paper and Fabric..................  EPA-450/2-77-008--Surface Coating of
                                     Cans, Coils, Paper, Fabrics,
                                     Automobiles, and Light-Duty Trucks.
Dry Cleaning......................  EPA-450/3-82-009--Large Petroleum
                                     Dry Cleaners.
Rubber Tires......................  EPA-450/2-78-030--Manufacture of
                                     Pneumatic Rubber Tires.
Large Appliances, Surface Coating.  EPA-450/2-77-034--Surface Coating of
                                     Large Appliances.
Wood Coating......................  EPA-450/2-78-032--Factory Surface of
                                     Flat Wood Paneling.

[[Page 767]]

 
Synthetic Organic Chemical........  EPA-450/3-83-006--Fugitive Emissions
                                     from Synthetic Organic Chemical
                                     Polymer and Resin Manufacturing
                                     Equipment.\8\
Polyester Resin...................  EPA-450/3-83-006--Fugitive Emissions
                                     from Synthetic Organic Chemical
                                     Polymer and Resin Manufacturing
                                     Equipment.
                                    EPA-450/3-83-008--Manufacture of
                                     High-Density Polyethylene,
                                     Polypropylene, and Polystyrene
                                     Resins.
------------------------------------------------------------------------


           Table 2--Negative Declarations--Parallel Processing
------------------------------------------------------------------------
        CTG source category                CTG reference document
------------------------------------------------------------------------
Pharmaceutical Products...........  EPA-450/2-78-029 Control of Volatile
                                     Organic Emissions from Manufacture
                                     of Synthesized Pharmaceutical
                                     Products.
Synthetic Organic Chemical          EPA-450/3-84-015 Control of Volatile
 Manufacturing.                      Organic Compound Emissions from Air
                                     Oxidation Processes in Synthetic
                                     Organic Chemical Manufacturing
                                     Industry.
                                    EPA-450/4-91-031 Control of Volatile
                                     Organic Compound Emissions from
                                     Reactor Processes and Distillation
                                     Operations in Synthetic Organic
                                     Chemical Manufacturing Industry.
Wood Furniture Coating............  EPA-453/R-96-007 Control of Volatile
                                     Organic Compound Emissions from
                                     Wood Furniture Manufacturing
                                     Operations.
------------------------------------------------------------------------

    Our  2008 and 2017 RACT SIP TSDs and our August 18, 2008 proposal 
have more information on our evaluation of the submitted RACT SIP and 
negative declarations.
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    \8\ YSAQMD listed the Polymer and Resin Manufacturing Equipment 
CTG under the Synthetic Organic Chemical category and the Polyester 
Resin category. Accordingly, the 2006 RACT SIP submittal lacked the 
appropriate negative declarations for the SOCMI category. YSAQMD 
plans to adopt the correct negative declarations for the SOCMI 
category in January 2018 (see Table 2--Negative Declarations--
Parallel Processing).
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C. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, and based on the 
rationale discussed above, the EPA proposes to approve YSAQMD's 2006 
RACT SIP and four negative declarations because they fulfill the RACT 
SIP requirements under CAA sections 182(b) and (f) and 40 CFR 51.912 
for the 1997 8-hour ozone NAAQS. As noted above, our proposed action 
also relies upon our evaluation of the public draft version of the four 
negative declarations planned for adoption by the YSAQMD in January 
2018 and we will not take final action until these negative 
declarations are adopted and submitted to us as a revision to the 
California SIP. If the negative declarations that we have evaluated 
were to be revised significantly prior to adoption and submittal, we 
would need to reconsider our proposed action accordingly. We are 
simultaneously withdrawing our previous proposal (73 FR 48166, August 
18, 2008) to disapprove the YSAQMD 2006 RACT SIP because the YSAQMD has 
corrected the identified RACT deficiencies for the 1997 8-hour ozone 
standard and are now proposing full approval as meeting the relevant 
CAA requirements.\9\
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    \9\ Although we are withdrawing our August 18, 2008 proposed 
action, our TSD associated with that proposed action still contains 
pertinent information that summarizes our evaluation of YSAQMD's 
2006 RACT SIP. On September 17, 2008, the YSAQMD submitted a comment 
letter outlining actions it took or planned to take to remedy the 
deficiencies identified in our August 18, 2008 proposed action. On 
March 16, 2009, YSAQMD transmitted a revised Final RACT SIP (draft) 
to the EPA. These documents are available in the docket for EPA-R09-
OAR-2008-0612 under ``comments''. See https://www.regulations.gov/docketBrowser?rpp=25&so=DESC&sb=commentDueDate&po=0&dct=PS&D=EPA-R09-OAR-2008-0612.
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    We will accept comments from the public on this proposal until 
February 7, 2018. If we take final action to approve the submitted 
documents, our final action will incorporate them into the federally 
enforceable SIP.

III. Statutory and Executive Order Reviews

    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, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed action merely proposes to approve state law 
as meeting federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
    <bullet> Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
    <bullet> is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
    <bullet> does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4);
    <bullet> does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> does not provide the EPA with the discretionary authority 
to address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible

[[Page 768]]

methods under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, 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. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: December 26, 2017.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2018-00025 Filed 1-5-18; 8:45 am]
 BILLING CODE 6560-50-P


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