Air Plan Approval; California; Mojave Desert Air Quality Management District, Placer County Air Pollution Control District, South Coast Air Quality Management District
| Published date | 20 May 2021 |
| Citation | 86 FR 27344 |
| Record Number | 2021-10613 |
| Section | Proposed rules |
| Court | Environmental Protection Agency |
Federal Register, Volume 86 Issue 96 (Thursday, May 20, 2021)
[Federal Register Volume 86, Number 96 (Thursday, May 20, 2021)]
[Proposed Rules]
[Pages 27344-27346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10613]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2020-0573; FRL-10023-94-Region 9]
Air Plan Approval; California; Mojave Desert Air Quality
Management District, Placer County Air Pollution Control District,
South Coast Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Mojave Desert Air Quality Management District
(MDAQMD), Placer County Air Pollution Control District (PCAPCD) and the
South Coast Air Quality Management District (SCAQMD) portion of the
California State Implementation Plan (SIP). These revisions concern
emissions of: Volatile organic compounds (VOCs) and particulate matter
(PM) from metal coating operations. We are proposing to approve local
rules and rescissions to regulate these emission sources 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: Comments must be received on or before June 21, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2020-0573 at https://www.regulations.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. 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
[[Page 27345]]
making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. If you need assistance in a language other than
English or if you are a person with disabilities who needs a reasonable
accommodation at no cost to you, please contact the person identified
in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Arnold Lazarus, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3024 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. The State's Submittal
A. What rules and rescissions did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted rule revision and rule
rescissions?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules and rescissions?
B. Do the rules and rescissions meet the evaluation criteria?
C. The EPA's Recommendation to Further Improve the Rules
D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rules and rule rescissions did the State submit?
Table 1 lists the rules addressed by this proposal with the dates
that they were adopted by the local air agencies and submitted by the
California Air Resources Board (CARB).
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
MDAQMD........................ 1115 Metal Parts & Products June 8, 2020.... July 24, 2020.
Coating Operations.
PCAPCD........................ 102 Definitions........... June 11, 2020... July 24, 2020.
SCAQMD........................ 1107 Coating of Metal Parts February 7, 2020 July 24, 2020
& Products.
----------------------------------------------------------------------------------------------------------------
In addition to replacing the previous versions of the submitted
rules listed in Table 1, the EPA is proposing to rescind SCAQMD Rule
1107 as it applies to the Riverside County portion of the MDAQMD, as
requested by CARB.\1\
---------------------------------------------------------------------------
\1\ CARB's rescission request cites to four Code of Federal
Regulations (CFR) provisions for SCAQMD Rule 1107; however, since
three of the CFR provisions are previous versions of the Rule that
were replaced by more recent versions, and are therefore no longer
in the SIP, EPA is interpreting this as a request to remove the
latest (and only) version of SCAQMD Rule 1107 applicable in the
Riverside County portion of the MDAQMD--namely the version submitted
on May 13, 1993, and listed at 40 CFR 52.220(c)(193)(i)(A)(1).
---------------------------------------------------------------------------
On November 24, 2020 the EPA determined that the submittal for
MDAQMD Rule 1115, PCAPCD Rule 102, and SCAQMD Rule 1107 met 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 rules?
We approved an earlier version of MDAQMD Rule 1115 into the SIP on
February 27, 2020 (85 FR 11812); we approved an earlier version of
PCAPCD Rule 102 into the SIP on January 31, 2013 (78 FR 6736); and we
approved an earlier version of SCAQMD Rule 1107 into the SIP on
November 24, 2008 (73 FR 70883).
C. What is the purpose of the submitted rule revisions and rule
rescissions?
Emissions of VOCs contribute to the production of ground-level
ozone, smog and PM, which harm human health and the environment.
Section 110(a) of the CAA requires states to submit regulations that
control VOC emissions. PCAPCD Rule 102 is a definition rule that
provides clarity for rules in the District. MDAQMD Rule 1115 and SCAQMD
Rule 1107 control VOCs emitted from coating operations associated with
metal parts and products. Rules 1107 and 1115 were revised to address
the reasonably available control technology (RACT) requirement. The
EPA's technical support documents (TSDs) have more information about
these rules.
The rescissions remove the replaced versions of the submitted
rules, and also remove the obsolete requirements found in an older
version of SCAQMD Rule 1107 within MDAQMD's boundaries.\2\
---------------------------------------------------------------------------
\2\ When the Palo Verde portion of Riverside County left the
SCAQMD and became part of the MDAQMD, it kept the SCAQMD rules in
place. The MDAQMD now has an updated district-wide rule coving the
same source category as SCAQMD Rule 1107, namely MDAQMD Rule 1115.
Accordingly, MDAQMD has requested to remove the vestigial SCAQMD
rule in an effort to simplify and clarify the SIP for this region.
---------------------------------------------------------------------------
II. The EPA's Evaluation and Action`
A. How is the EPA evaluating the rules and rescissions?
Rules in the SIP 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 Control Techniques Guidelines (CTG) document as well as
each major source of VOCs in ozone nonattainment areas classified as
moderate or above (see CAA section 182(b)(2)).
The MDAQMD regulates an ozone nonattainment area classified as
Severe for the 1997, 2008 and 2015 8-hour ozone national ambient air
quality standard (NAAQS) (40 CFR 81.305). Therefore, these rules must
implement RACT. The SCAQMD regulates an ozone nonattainment area
classified as Extreme for the 1997, 2008 and 2015 8-hour ozone NAAQS
(40 CFR 81.305). Therefore, these rules must implement RACT. The PCAPCD
regulates an ozone nonattainment area classified as Severe for the 1997
and 2008 8-hour ozone NAAQS and Moderate for the 2015 8-hour ozone
NAAQS (40 CFR 81.305). The PCAPCD must implement RACT for rules that
are covered by a CTG document as well as each major source of VOCs in
ozone nonattainment areas classified as moderate or above (see CAA
section 182(b)(2)), however definitions rules are administrative and
RACT does not apply.
Guidance and policy documents that we used to evaluate
enforceability, revision/relaxation and rule stringency requirements
for the applicable criteria pollutants include the following:
1. ``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).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11,
1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
[[Page 27346]]
4. ``Control of Volatile Organic Emissions from Existing Stationary
Sources -Volume VI: Surface Coating of Miscellaneous Metal Parts and
Products'' (EPA-450/2-78-15, June 1978).
5. ``Control Techniques Guidelines for Miscellaneous Metal and
Plastic Parts Coatings'' (EPA-453/R-08-003, September 2008).
B. Do the rules and rescissions meet the evaluation criteria?
These rules meet CAA requirements and are consistent with relevant
guidance regarding enforceability, and SIP revisions. The TSDs have
more information on our evaluation.
C. The EPA's Recommendation to Further Improve the Rules
The MDAQMD Rule 1115 TSD includes a recommendation for the next
time the MDAQMD modifies the rule.
D. Public Comment and Proposed Action
As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted rules because they fulfill all relevant
requirements. The EPA also proposes to rescind the current SIP-approved
versions of the submitted rules, and the version of SCAQMD Rule 1107
that is currently in the SIP for the Riverside County portion of the
MDAQMD, because these rules will be replaced by the updated rules we
are proposing to approve. We will accept comments from the public on
this proposal until June 21, 2021. If we take final action to approve
the submitted rules, our final action will incorporate these rules into
the federally enforceable SIP.
III. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the MDAQMD the PCAPCD and the SCAQMD rules described in Table
1 of this preamble. The EPA has made, and will continue to make, these
materials available through https://www.regulations.gov and at the EPA
Region IX Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
IV. 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:
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);
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 (Public Law 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 provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible 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, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 14, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-10613 Filed 5-19-21; 8:45 am]
BILLING CODE 6560-50-P
