Approval of California Air Plan Revisions, Antelope Valley Air Quality Management District, 11944-11946 [2018-05286]
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11944
Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Proposed Rules
TABLE 1—PROPOSED ACTION ON CONNECTICUT’S INFRASTRUCTURE SIP SUBMITTAL FOR THE 2012 PM2.5 NAAQS—
Continued
Element
2012 PM2.5
(I): Nonattainment area plan or plan revisions under part D ..............................................................................................................
(J)1: Consultation with government officials .......................................................................................................................................
(J)2: Public notification ........................................................................................................................................................................
(J)3: PSD .............................................................................................................................................................................................
(J)4: Visibility protection ......................................................................................................................................................................
(K): Air quality modeling and data ......................................................................................................................................................
(L): Permitting fees ..............................................................................................................................................................................
(M): Consultation and participation by affected local entities .............................................................................................................
+
A
A
A
+
A
A
A
In the above table, the key is as follows: A, Approve. NA, Not applicable. +, Not germane to infrastructure SIPs.
EPA also is proposing to approve the
transport provisions (Element (D)1 in
Table 1) of Connecticut’s August 2011
infrastructure SIP submittal for the 2006
PM2.5 NAAQS. In addition, EPA is
proposing to approve, and incorporate
into the Connecticut SIP, the following
Connecticut statute, which was
included for approval in Connecticut’s
infrastructure SIP submittal:
Revisions to CGS § 16a–21a, Sulfur
content of home heating oil and off-road
diesel fuel. Suspension of requirements
for emergency, effective July 1, 2015.
EPA is also proposing to approve
revisions to the PSD permit program
pertaining to treating NOX as a
precursor to ozone and establishing a
minor source baseline date for PM2.5.
EPA is soliciting public comments on
the issues discussed in this proposal or
on other relevant matters. These
comments will be considered before
EPA takes final action. Interested parties
may participate in the Federal
rulemaking procedure by submitting
comments to this proposed rule by
following the instructions listed in the
ADDRESSES section of this Federal
Register.
sradovich on DSK3GMQ082PROD with PROPOSALS
V. Incorporation by Reference
In this rule, 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, EPA is
proposing to incorporate by reference
the Connecticut statute referenced in
Section IV above. The EPA has made,
and will continue to make, these
documents generally available
electronically through https://
www.regulations.gov and at the EPA
New England Region 1 Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
VI. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
VerDate Sep<11>2014
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Jkt 244001
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 proposed 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 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 (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 provide EPA with the
discretionary authority to address, as
PO 00000
Frm 00042
Fmt 4702
Sfmt 4702
appropriate, disproportionate human
health or environmental effects, using
practicable 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 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: March 8, 2018.
Alexandra Dapolito Dunn,
Regional Administrator, EPA Region 1.
[FR Doc. 2018–05318 Filed 3–16–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2017–0760; FRL–9975–
61—Region 9]
Approval of California Air Plan
Revisions, Antelope Valley Air Quality
Management District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the Antelope Valley Air
Quality Management District
(AVAQMD) portion of the California
SUMMARY:
E:\FR\FM\19MRP1.SGM
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Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Proposed Rules
State Implementation Plan (SIP). This
revision concerns the emissions of
volatile organic compounds (VOCs)
from motor vehicle assembly coating
operations. We are proposing to approve
a local rule 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: Any comments must arrive by
April 18, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2017–0760 at https://
www.regulations.gov, or via email to
Arnold Lazarus, Rulemaking Office at
lazarus.arnold@epa.gov. 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
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Arnold Lazarus, EPA Region IX, (415)
972–3024, lazarus.arnold@epa.gov.
11945
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. The State’s Submittal
A. What rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted
rule?
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rule?
B. Does the rule meet the evaluation
criteria?
C. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What rule did the State submit?
Table 1 lists the rule addressed by this
proposal with the dates that it was
adopted by the local air agency and
submitted by the California Air
Resources Board.
TABLE 1—SUBMITTED RULE
Local agency
Rule No.
AVAQMD ....................
1151.1
Rule title
Motor Vehicle Assembly Coating Operations ....................................
On February 9, 2018, the submittal for
AVAQMD Rule 1151.1 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.
sradovich on DSK3GMQ082PROD with PROPOSALS
B. Are there other versions of this rule?
There are no previous versions of
Rule 1151.1 in the SIP. Prior to July 1,
1997, the area regulated by the
AVAQMD was contained within the
South Coast Air Quality Management
District (SCAQMD) boundaries. On July
1, 1997, the Antelope Valley Air
Pollution Control District (AVAPCD)
was created and took over
responsibilities for the jurisdiction of
the Los Angeles County portion of the
Mojave Desert Air Basin. Rules and
regulations of the SCAQMD were
retained until the AVAPCD Governing
Board adopted, rescinded or amended
these rules. Therefore, SCAQMD Rule
1115, ‘‘Motor Vehicle Assembly Line
Coating Operations,’’ adopted by
SCAQMD in May 1995 and approved by
the EPA in July 1995, became part of the
AVAPCD SIP in July 1997. The
AVAPCD subsequently rescinded
SCAQMD Rule 1115 within its borders,
and submitted a negative declaration to
the EPA stating that no sources within
its jurisdiction were covered by the
VerDate Sep<11>2014
16:06 Mar 16, 2018
Jkt 244001
Adopted
rule.1 The AVAQMD was created to
replace the AVAPCD in 2002. On June
20, 2017, the AVAQMD adopted Rule
1151.1, ‘‘Motor Vehicle Assembly
Coating Operations,’’ because it now has
a facility that builds and paints new,
heavy duty vehicles.
C. What is the purpose of the submitted
rule?
VOCs contribute to the production of
ground-level ozone, smog and
particulate matter (PM), which harm
human health and the environment.
Section 110(a) of the CAA requires
states to submit regulations that control
VOC emissions. Rule 1151.1 was
adopted to limit VOC emissions from all
aspects of motor vehicle assembly
coating operations. The EPA’s technical
support document (TSD) has more
information about this rule.
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rule?
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
1 65
PO 00000
FR 31267 (May 17, 2000).
Frm 00043
Fmt 4702
Sfmt 4702
6/20/2017
Submitted
8/9/2017
requirements in nonattainment areas
without ensuring equivalent or greater
emissions reductions (see CAA section
193).
Additionally, SIP rules must require
reasonably available control technology
(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 AVAQMD regulates an
ozone nonattainment area classified as
Severe-15 for the 2008 8-hour ozone
national ambient air quality standards
(40 CFR 81.305). In addition, Rule
1151.1 regulates activities covered by a
CTG: ‘‘Control Techniques Guidelines
for Automobile and Light-Duty Truck
Assembly Coatings’’ (EPA–453/R–08–
006, September 2008). Therefore, this
rule must implement RACT.
Guidance and policy documents that
we used to evaluate enforceability and
rule stringency 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,’’
E:\FR\FM\19MRP1.SGM
19MRP1
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Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Proposed Rules
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).
4. ‘‘Control Techniques Guidelines for
Automobile and Light-Duty Truck
Assembly Coatings,’’ (EPA–453/R–08–
006, September 2008).
B. Does the rule meet the evaluation
criteria?
This rule is consistent with CAA
requirements and relevant guidance
regarding enforceability, RACT, and SIP
revisions. The TSD has more
information on our evaluation.
C. Public Comment and Proposed
Action
As authorized in section 110(k)(3) of
the Act, the EPA proposes to fully
approve the submitted rule because it
fulfills all relevant requirements. We
will accept comments from the public
on this proposal until April 18, 2018. If
we take final action to approve the
submitted rule, our final action will
incorporate this rule into the federally
enforceable SIP.
sradovich on DSK3GMQ082PROD with PROPOSALS
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 AVAQMD rule described in Table 1
of this preamble. The EPA has made,
and will continue to make, these
materials available through
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,
VerDate Sep<11>2014
16:06 Mar 16, 2018
Jkt 244001
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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 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, Particulate matter, Reporting
and recordkeeping requirements,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
PO 00000
Frm 00044
Fmt 4702
Sfmt 4702
Dated: March 2, 2018.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2018–05286 Filed 3–16–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2017–0672; FRL–9975–
47—Region 8]
Approval and Promulgation of
Implementation Plans; South Dakota;
Regional Haze 5-Year Progress Report
State Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
South Dakota’s regional haze progress
report, submitted as a revision to its
State Implementation Plan (SIP) by the
South Dakota Department of
Environment and Natural Resources
(DENR). South Dakota’s SIP revision
addresses requirements of the Clean Air
Act (CAA) and the EPA’s rules that
require states to submit periodic reports
describing progress toward reasonable
progress goals established for regional
haze and a determination of the
adequacy of the state’s existing regional
haze SIP. South Dakota’s progress report
explains that South Dakota has
implemented the measures in the
regional haze SIP due to be in place by
the date of the progress report and that
visibility in mandatory federal Class I
areas affected by emissions from South
Dakota sources is improving. The EPA
is proposing approval of South Dakota’s
determination that the State’s regional
haze SIP is adequate to meet Reasonable
Progress Goals (RPGs) for the first
implementation period covering
through 2018 and requires no
substantive revision at this time.
DATES: Comments must be received on
or before April 18, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2017–0672 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.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.
SUMMARY:
E:\FR\FM\19MRP1.SGM
19MRP1
]]>Agencies
[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)]
[Proposed Rules]
[Pages 11944-11946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05286]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2017-0760; FRL-9975-61--Region 9]
Approval of California Air Plan Revisions, Antelope Valley Air
Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Antelope Valley Air Quality Management
District (AVAQMD) portion of the California
[[Page 11945]]
State Implementation Plan (SIP). This revision concerns the emissions
of volatile organic compounds (VOCs) from motor vehicle assembly
coating operations. We are proposing to approve a local rule 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: Any comments must arrive by April 18, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0760 at https://www.regulations.gov, or via email to Arnold
Lazarus, Rulemaking Office at [email protected]. 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 https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Arnold Lazarus, EPA Region IX, (415)
972-3024, [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 rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted rule?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule?
B. Does the rule meet the evaluation criteria?
C. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rule did the State submit?
Table 1 lists the rule addressed by this proposal with the dates
that it was adopted by the local air agency and submitted by the
California Air Resources Board.
Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
AVAQMD................................ 1151.1 Motor Vehicle Assembly 6/20/2017 8/9/2017
Coating Operations.
----------------------------------------------------------------------------------------------------------------
On February 9, 2018, the submittal for AVAQMD Rule 1151.1 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 this rule?
There are no previous versions of Rule 1151.1 in the SIP. Prior to
July 1, 1997, the area regulated by the AVAQMD was contained within the
South Coast Air Quality Management District (SCAQMD) boundaries. On
July 1, 1997, the Antelope Valley Air Pollution Control District
(AVAPCD) was created and took over responsibilities for the
jurisdiction of the Los Angeles County portion of the Mojave Desert Air
Basin. Rules and regulations of the SCAQMD were retained until the
AVAPCD Governing Board adopted, rescinded or amended these rules.
Therefore, SCAQMD Rule 1115, ``Motor Vehicle Assembly Line Coating
Operations,'' adopted by SCAQMD in May 1995 and approved by the EPA in
July 1995, became part of the AVAPCD SIP in July 1997. The AVAPCD
subsequently rescinded SCAQMD Rule 1115 within its borders, and
submitted a negative declaration to the EPA stating that no sources
within its jurisdiction were covered by the rule.\1\ The AVAQMD was
created to replace the AVAPCD in 2002. On June 20, 2017, the AVAQMD
adopted Rule 1151.1, ``Motor Vehicle Assembly Coating Operations,''
because it now has a facility that builds and paints new, heavy duty
vehicles.
---------------------------------------------------------------------------
\1\ 65 FR 31267 (May 17, 2000).
---------------------------------------------------------------------------
C. What is the purpose of the submitted rule?
VOCs contribute to the production of ground-level ozone, smog and
particulate matter (PM), which harm human health and the environment.
Section 110(a) of the CAA requires states to submit regulations that
control VOC emissions. Rule 1151.1 was adopted to limit VOC emissions
from all aspects of motor vehicle assembly coating operations. The
EPA's technical support document (TSD) has more information about this
rule.
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule?
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).
Additionally, SIP rules must require reasonably available control
technology (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 AVAQMD regulates an ozone nonattainment
area classified as Severe-15 for the 2008 8-hour ozone national ambient
air quality standards (40 CFR 81.305). In addition, Rule 1151.1
regulates activities covered by a CTG: ``Control Techniques Guidelines
for Automobile and Light-Duty Truck Assembly Coatings'' (EPA-453/R-08-
006, September 2008). Therefore, this rule must implement RACT.
Guidance and policy documents that we used to evaluate
enforceability and rule stringency 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,''
[[Page 11946]]
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).
4. ``Control Techniques Guidelines for Automobile and Light-Duty
Truck Assembly Coatings,'' (EPA-453/R-08-006, September 2008).
B. Does the rule meet the evaluation criteria?
This rule is consistent with CAA requirements and relevant guidance
regarding enforceability, RACT, and SIP revisions. The TSD has more
information on our evaluation.
C. Public Comment and Proposed Action
As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted rule because it fulfills all relevant
requirements. We will accept comments from the public on this proposal
until April 18, 2018. If we take final action to approve the submitted
rule, our final action will incorporate this rule 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 AVAQMD rule described in Table 1 of this preamble. The
EPA has made, and will continue to make, these materials available
through 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 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, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 2, 2018.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2018-05286 Filed 3-16-18; 8:45 am]
BILLING CODE 6560-50-P
