Approval of California Air Plan Revisions, Yolo-Solano Air Quality Management District, 19495-19497 [2018-09213]
Download as PDF
Federal Register / Vol. 83, No. 86 / Thursday, May 3, 2018 / Proposed Rules
sradovich on DSK3GMQ082PROD with PROPOSALS
Emissions Budgets (MVEBs) for 2017.
Finally, we are proposing approval of
the use of TATU’s tool and its
Unmonitored Area analysis as
acceptable for meeting the
recommended evaluation of ozone
levels in the Unmonitored Area analysis
for this SIP proposed approval action.
IV. Statutory and Executive Order
Reviews
Under the CAA, 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 CAA. Accordingly, this 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 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 CAA; and
VerDate Sep<11>2014
16:35 May 02, 2018
Jkt 244001
• Does not provide EPA with the
discretionary authority to address, as
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 proposed 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, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 25, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018–09313 Filed 5–2–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
19495
OAR–2018–0104 at https://
www.regulations.gov, or via email to
Arnold Lazarus, 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:
40 CFR Part 52
[EPA–R09–OAR–2018–0104; FRL–9977–33–
Region 9]
Approval of California Air Plan
Revisions, Yolo-Solano 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 Yolo-Solano Air Quality
Management District (YSAQMD or
‘‘District’’) portion of the California
State Implementation Plan (SIP). This
revision concerns emissions of volatile
organic compounds (VOCs) from
architectural coatings. 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
June 4, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
SUMMARY:
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
Arnold Lazarus, EPA Region IX, (415)
972 3024, Lazarus.Arnold@epa.gov.
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 revision?
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rule?
B. Does the rule meet the evaluation
criteria?
C. EPA Recommendations To Further
Improve the Rule
D. 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 date that the revision
was adopted by the YSAQMD and the
date that it was submitted by the
California Air Resources Board (CARB)
to the EPA.
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03MYP1
19496
Federal Register / Vol. 83, No. 86 / Thursday, May 3, 2018 / Proposed Rules
TABLE 1—SUBMITTED RULE
Local agency
Rule No.
YSAQMD .........................................................
On April 17, 2017, the EPA
determined that the submittal for
YSAQMD Rule 2.14 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 this rule?
On January 2, 2004 (69 FR 34), the
EPA finalized a limited approval and
limited disapproval of a previous
submission of Rule 2.14 with no
sanctions because the part of the rule
that was disapproved, ‘‘Appendix A,’’
expired by its own terms on January 1,
2005. For additional information, please
see the technical support document
(TSD) for today’s rulemaking.
sradovich on DSK3GMQ082PROD with PROPOSALS
C. What is the purpose of the submitted
rule revisions?
VOCs contribute to the production of
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
emissions. Architectural coatings are
coatings that are applied to stationary
structures and their accessories. They
include house paints, stains, industrial
maintenance coatings, traffic coatings,
and many other products. VOCs are
emitted from the coatings during
application and curing, and from the
associated solvents used for thinning
and clean-up.
YSAQMD Rule 2.14 controls VOC
emissions from architectural coatings by
establishing VOC limits on architectural
coatings supplied, sold, offered for sale,
manufactured, blended, or repackaged
for use within the YSAQMD, as well as
architectural coatings applied or
solicited for application within the
District. The revisions to Rule 2.14
include the elimination of the averaging
provision, which was the basis for the
EPA’s 2004 limited disapproval of a
prior version of this rule, and the
tightening of many of the Rule’s VOC
limits. The 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
VerDate Sep<11>2014
16:35 May 02, 2018
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2.14
Rule title
Architectural Coatings ....................................
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
Reasonably Available Control
Technology (RACT) for each category of
sources covered by a Control
Techniques Guidelines (CTG)
document, and each major source of
VOCs in ozone nonattainment areas
classified as moderate or above (see
CAA section 182(b)(2)). The YSAQMD
regulates an ozone nonattainment area
classified as severe nonattainment for
the 2008 and the 1997 8-hour ozone
National Ambient Air Quality Standards
(40 CFR 81.305).
Because there is no relevant EPA CTG
document and because there are no
major architectural coating sources
within the District, architectural
coatings are not subject to RACT
requirements. However, architectural
coatings are subject to other VOC
content limits and control measures
described in the TSD.
Guidance and policy documents that
we used to evaluate the enforceability,
revision/relaxation, and stringency
requirements for this rule 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 and 57 FR 18070,
April 28, 1992).
2. ‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and Deviations’’
(‘‘the Bluebook,’’ U.S. EPA, May 25,
1988; revised January 11, 1990).
3. ‘‘Guidance Document for Correcting
Common VOC & Other Rule
Deficiencies’’ (‘‘the Little Bluebook,’’
EPA Region 9, August 21, 2001).
4. National Volatile Organic
Compound Emission Standards for
Architectural Coatings, 40 CFR 59,
Subpart D.
5. CARB ‘‘Suggested Control Measure
for Architectural Coatings,’’ Approved
2007.
6. YSAQMD Rule 2.14, ‘‘Architectural
Coatings,’’ EPA Limited Approval and
Limited Disapproval on January 2, 2004
(69 FR 34).
PO 00000
Frm 00033
Revised
Fmt 4702
Sfmt 4702
10/12/2016
Submitted
01/24/2017
B. Does the rule meet the evaluation
criteria?
This rule is consistent with CAA
requirements and relevant guidance
regarding enforceability, stringency, and
SIP revisions. The TSD has more
information on our evaluation.
C. EPA Recommendations To Further
Improve the Rule
The TSD describes additional rule
revisions that we recommend for the
next time the local agency 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 rule because it
fulfills all relevant requirements. We
will accept comments from the public
on this proposal until June 4, 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 YSAQMD 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:
E:\FR\FM\03MYP1.SGM
03MYP1
Federal Register / Vol. 83, No. 86 / Thursday, May 3, 2018 / Proposed Rules
sradovich on DSK3GMQ082PROD with PROPOSALS
• 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.
VerDate Sep<11>2014
16:35 May 02, 2018
Jkt 244001
Dated: April 18, 2018.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2018–09213 Filed 5–2–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2017–0100; FRL–9977–53–
Region 5]
Air Plan Approval; Michigan; Revisions
to Part 9 Miscellaneous Rules
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
request submitted by the Michigan
Department of Environmental Quality
(MDEQ) on February 2, 2017, and
supplemented on November 8, 2017, to
revise the Michigan state
implementation plan (SIP) for carbon
monoxide (CO). The revision
incorporates changes to Michigan’s Air
Pollution Control Rules entitled
‘‘Emissions Limitations and
Prohibitions—Miscellaneous.’’ The
revision updates existing source-specific
rule requirements for ferrous cupola
operations by removing obsolete rule
language and makes a minor change to
correct the citation to a Federal test
method. The revision continues to result
in attainment of the CO national
ambient air quality standard (NAAQS).
DATES: Comments must be received on
or before June 4, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2017–0100 at https://
www.regulations.gov or via email to
blakley.pamela@epa.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. For either manner of
submission, 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. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
SUMMARY:
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
19497
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:
Charles Hatten, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–3031,
hatten.charles@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What are the State rule revisions?
II. Did the State hold public hearings for the
submittal?
III. What is EPA’s analysis of the State’s
submittal?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What are the State rule revisions?
On February 2, 2017, MDEQ
submitted a request to incorporate
revisions to Michigan’s Air Pollution
Control Rules in Chapter 336, Part 9—
Emissions Limitations and
Prohibitions—Miscellaneous (Part 9) in
the Michigan SIP. Michigan’s submittal
included revisions to three separate
rules in Part 9: R 336.1902—‘‘Adoption
of standards by reference’’ (rule 902); R
336.1916—‘‘Affirmative defense for
excess emissions during start-up or
shutdown’’ (rule 916); and R 336.1930—
‘‘Emission of carbon monoxide from
ferrous cupola operations’’ (rule 930).
This rule will only take action on rule
930, while the revisions to rule 902 and
916 will be addressed separately.
Michigan’s rule 930 specifies CO
emission limits for large ferrous cupola
operations with a melting capacity of 20
tons or more per hour. The version of
rule 930 currently approved into the
Michigan SIP only applies to ferrous
cupola operations in Saginaw, Macomb,
Oakland, and Wayne Counties in
Michigan.1 The rule is designed to
require installation of afterburner
control system, or equivalent, which
reduces the CO emissions from the
ferrous cupola by 90 percent.
1 EPA approved rule 930 on May 6, 1980 (45 FR
29790).
E:\FR\FM\03MYP1.SGM
03MYP1
Agencies
[Federal Register Volume 83, Number 86 (Thursday, May 3, 2018)]
[Proposed Rules]
[Pages 19495-19497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09213]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2018-0104; FRL-9977-33-Region 9]
Approval of California Air Plan Revisions, Yolo-Solano 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 Yolo-Solano Air Quality Management District
(YSAQMD or ``District'') portion of the California State Implementation
Plan (SIP). This revision concerns emissions of volatile organic
compounds (VOCs) from architectural coatings. 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 June 4, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2018-0104 at https://www.regulations.gov, or via email to Arnold
Lazarus, 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 revision?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule?
B. Does the rule meet the evaluation criteria?
C. EPA Recommendations To Further Improve the Rule
D. 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 date
that the revision was adopted by the YSAQMD and the date that it was
submitted by the California Air Resources Board (CARB) to the EPA.
[[Page 19496]]
Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Revised Submitted
----------------------------------------------------------------------------------------------------------------
YSAQMD................................ 2.14 Architectural Coatings.. 10/12/2016 01/24/2017
----------------------------------------------------------------------------------------------------------------
On April 17, 2017, the EPA determined that the submittal for YSAQMD
Rule 2.14 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 this rule?
On January 2, 2004 (69 FR 34), the EPA finalized a limited approval
and limited disapproval of a previous submission of Rule 2.14 with no
sanctions because the part of the rule that was disapproved, ``Appendix
A,'' expired by its own terms on January 1, 2005. For additional
information, please see the technical support document (TSD) for
today's rulemaking.
C. What is the purpose of the submitted rule revisions?
VOCs contribute to the production of 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 emissions. Architectural coatings are coatings that are
applied to stationary structures and their accessories. They include
house paints, stains, industrial maintenance coatings, traffic
coatings, and many other products. VOCs are emitted from the coatings
during application and curing, and from the associated solvents used
for thinning and clean-up.
YSAQMD Rule 2.14 controls VOC emissions from architectural coatings
by establishing VOC limits on architectural coatings supplied, sold,
offered for sale, manufactured, blended, or repackaged for use within
the YSAQMD, as well as architectural coatings applied or solicited for
application within the District. The revisions to Rule 2.14 include the
elimination of the averaging provision, which was the basis for the
EPA's 2004 limited disapproval of a prior version of this rule, and the
tightening of many of the Rule's VOC limits. The 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).
Generally, SIP rules must require Reasonably Available Control
Technology (RACT) for each category of sources covered by a Control
Techniques Guidelines (CTG) document, and each major source of VOCs in
ozone nonattainment areas classified as moderate or above (see CAA
section 182(b)(2)). The YSAQMD regulates an ozone nonattainment area
classified as severe nonattainment for the 2008 and the 1997 8-hour
ozone National Ambient Air Quality Standards (40 CFR 81.305).
Because there is no relevant EPA CTG document and because there are
no major architectural coating sources within the District,
architectural coatings are not subject to RACT requirements. However,
architectural coatings are subject to other VOC content limits and
control measures described in the TSD.
Guidance and policy documents that we used to evaluate the
enforceability, revision/relaxation, and stringency requirements for
this rule 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 and 57 FR 18070, April 28, 1992).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations'' (``the Bluebook,'' U.S. EPA, May 25, 1988; revised January
11, 1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies'' (``the Little Bluebook,'' EPA Region 9, August 21,
2001).
4. National Volatile Organic Compound Emission Standards for
Architectural Coatings, 40 CFR 59, Subpart D.
5. CARB ``Suggested Control Measure for Architectural Coatings,''
Approved 2007.
6. YSAQMD Rule 2.14, ``Architectural Coatings,'' EPA Limited
Approval and Limited Disapproval on January 2, 2004 (69 FR 34).
B. Does the rule meet the evaluation criteria?
This rule is consistent with CAA requirements and relevant guidance
regarding enforceability, stringency, and SIP revisions. The TSD has
more information on our evaluation.
C. EPA Recommendations To Further Improve the Rule
The TSD describes additional rule revisions that we recommend for
the next time the local agency 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 rule because it fulfills all relevant
requirements. We will accept comments from the public on this proposal
until June 4, 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 YSAQMD 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:
[[Page 19497]]
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: April 18, 2018.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2018-09213 Filed 5-2-18; 8:45 am]
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