Air Plan Approval; California; Antelope Valley Air Quality Management District, 10748-10750 [2019-05415]
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10748
Federal Register / Vol. 84, No. 56 / Friday, March 22, 2019 / Proposed Rules
DEPARTMENT OF EDUCATION
34 CFR Chapter VI
[Docket ID ED–2018–OPE–0076]
RIN 1840–AD36, 1840–AD37, 1840–AD38,
1840–AD40, and 1840–AD44
Negotiated Rulemaking Committee;
Location of Negotiations and
Subcommittee Meetings—
Accreditation and Innovation
Office of Postsecondary
Education, Department of Education.
ACTION: Notification of revised schedule
of negotiated rulemaking committee
meetings.
AGENCY:
On October 15, 2018, we
announced our intention to establish a
negotiated rulemaking committee to
prepare proposed regulations for the
Federal Student Aid programs
authorized under title IV of the Higher
Education Act of 1965, as amended
(HEA). We also announced the schedule
for the committee and the three topicbased subcommittee meetings. In this
notification, we announce changes to
the meeting times for the third session
of the Accreditation and Innovation
Committee’s negotiated rulemaking and
the addition of a fourth session of
negotiations.
DATES: The dates, times, and location of
the third and fourth sessions are set out
in the Revised Schedule for Negotiation
Sessions section under SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT: For
information about the content of this
document, including information about
the negotiated rulemaking process or the
revised schedule, contact: George Alan
Smith, U.S. Department of Education,
400 Maryland Ave. SW, Room 294–34,
Washington, DC 20202. Telephone:
(202) 453–7757. Email:
george.alan.smith@ed.gov.
For more information about
negotiated rulemaking in general, see
The Negotiated Rulemaking Process for
Title IV Regulations, Frequently Asked
Questions at https://www2.ed.gov/
policy/highered/reg/hearulemaking/
hea08/neg-reg-faq.html, or contact
George Alan Smith, U.S. Department of
Education, 400 Maryland Ave. SW,
Room 294–34, Washington, DC 20202.
Telephone: (202) 453–7757. Email:
george.alan.smith@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION: On
October 15, 2018, we published in the
SUMMARY:
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Federal Register (83 FR 51906) an
announcement of our intent to establish
an Accreditation and Innovation
negotiated rulemaking committee and
three topic-based subcommittees. In that
document, we set a schedule for three
sessions of committee meetings; three
sessions for each of the topic-based
subcommittee meetings; and requested
nominations for individual negotiators
who represent key stakeholder
constituencies for the issues to be
negotiated to serve on the committee
and subcommittees.
Inclement weather during the first
two negotiation sessions of the
Accreditation and Innovation
Committee caused meeting delays and
cancellations. As a result, committee
members requested more time for
deliberations during their February 15,
2019 meeting. To accommodate this
request, the Department has extended
the meeting times of the third session
dates and added a fourth session of
negotiations.
Revised Schedule for Negotiation
Sessions: The Accreditation and
Innovation Committee’s third session
will still occur March 25–28, 2019, but
with extended meeting times; and the
additional fourth session will occur
April 1–3, 2019.
Session 3: The March 25–27, 2019
meetings will run from 8:00 a.m. to 6:00
p.m., and the March 28, 2019 meeting
will run from 8:00 a.m.to 5:00 p.m.
Session 4: The April 1 and 2, 2019
meetings will run from 8:00 a.m. to 6:00
p.m., and the April 3, 2019 meeting will
run from 8:00 a.m. to 3:00 p.m.
All meetings of both sessions will be
held in Barnard Auditorium, U.S.
Department of Education, 400 Maryland
Ave. SW, Washington, DC 20202. The
meetings are open to the public.
Accessible Format: Individuals with
disabilities can obtain this document in
an accessible format (e.g., braille, large
print, audiotape, or compact disc) on
request to the contact person listed
under FOR FURTHER INFORMATION
CONTACT.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
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PO 00000
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using the article search feature at:
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Department.
Dated: March 19, 2019.
Diane Auer Jones,
Principal Deputy Under Secretary Delegated
to Perform the Duties of Under Secretary and
Assistant Secretary for the Office of
Postsecondary Education.
[FR Doc. 2019–05625 Filed 3–20–19; 4:15 pm]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2018–0802; FRL–9991–28–
OAR]
Air Plan Approval; California; 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
State Implementation Plan (SIP). This
revision concerns emissions of volatile
organic compounds (VOCs) from solvent
cleaning 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 22, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2018–0802 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
SUMMARY:
E:\FR\FM\22MRP1.SGM
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Federal Register / Vol. 84, No. 56 / Friday, March 22, 2019 / Proposed Rules
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://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Robert Schwartz, EPA Region IX, 75
10749
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
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
Table of Contents
I. The State’s Submittal
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?
A. What rule did the State submit?
Hawthorne Street, San Francisco, CA
94105, (415) 972–3286,
schwartz.robert@epa.gov.
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 (CARB).
TABLE 1—SUBMITTED RULE
Local agency
Rule No.
Rule title
Amended
Submitted
AVAQMD .........................................................
1171
Solvent Cleaning Operations .........................
8/21/2018
10/30/2018
On November 28, 2018, the EPA
determined that the submittal for
AVAQMD Rule 1171 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?
We approved an earlier version of
Rule 1171 into the SIP on May 24, 2001
(66 FR 28666). The AVAQMD adopted
revisions to the SIP-approved version on
August 21, 2018, and CARB submitted
them to us on October 30, 2018.
C. What is the purpose of the rule
revision?
Volatile organic compounds (VOCs)
contribute to 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. The current SIPapproved Rule 1171 establishes VOC
content limits and workplace standards
for all persons who use, store, and
dispose of VOC-containing materials in
solvent cleaning operations. Revisions
to the SIP-approved rule include lower
VOC content limits for most categories
of solvent cleaning activities and the
addition of alternative VOC composite
partial pressure limits for all solvent
cleaning activities covered by this rule;
updates to definitions; the addition of
more comprehensive recordkeeping
requirements; revised test methods; and
the removal of several exemptions.
Additionally, on October 10, 2017 (82
FR 46923), the EPA partially
conditionally approved AVAQMD’s
reasonably available control technology
(RACT) demonstrations for the 1997 8hr ozone National Ambient Air Quality
Standards (NAAQS) and the 2008 8-hr
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ozone NAAQS (also referred to as the
2006 and 2015 RACT SIPs) with respect
to Rule 1171, based on commitments
from AVAQMD to revise and submit
amendments to Rule 1171 that remedy
specific deficiencies. These deficiencies
were identified in our December 15,
2016 proposed partial approval and
partial disapproval (81 FR 90754) and
referenced in our July 28, 2017 proposal
(82 FR 35149). For Rule 1171, the
deficiency identified was the need to
incorporate work practices from the
Control Techniques Guidelines,
‘‘Industrial Cleaning Solvents,’’
September 2006. Revisions to Rule 1171
on October 30, 2018, were submitted in
part to correct this deficiency. 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).
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 AVAQMD regulates an
ozone nonattainment area classified as
Severe for the 1997 and 2008 8-hour
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Fmt 4702
Sfmt 4702
ozone NAAQS (40 CFR 81.305).
Therefore, this rule must implement
RACT. In addition, the rule was
evaluated to ensure it met the
commitment made by the AVAQMD
that served as the basis for the partial
conditional approval of the AVAQMD
2006 and 2015 RACT SIPs with respect
to Rule 1171 (82 FR 46923).
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).
4. ‘‘Control Techniques Guidelines:
Industrial Cleaning Solvents,’’ EPA–
453/R–06–001, September 2006.
B. Does the rule meet the evaluation
criteria?
This rule is consistent with CAA
requirements and relevant guidance
regarding enforceability, RACT, and SIP
revisions, and meets the District’s
commitment to remedy the Rule 1171
deficiency identified in the RACT SIP
conditional approval (82 FR 46923). The
TSD has more information on our
evaluation.
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Federal Register / Vol. 84, No. 56 / Friday, March 22, 2019 / Proposed Rules
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 April 22, 2019. 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.);
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16:46 Mar 21, 2019
Jkt 247001
• 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, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 11, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2019–05415 Filed 3–21–19; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2018–0834: FRL9990–73–
Region 10]
Air Plan Approval; AK; Updates to
Curtailment Program
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Alaska State
Implementation Plan (SIP) that were
submitted by the Alaska Department of
Environmental Conservation (ADEC).
These proposed revisions update and
strengthen ADEC’s regulation of
residential wood smoke emissions,
especially the curtailment program
applying to the Fairbanks fine
particulate matter nonattainment area.
DATES: Written comments must be
received on or before April 22, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2018–0834 at https://
www.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, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Justin Spenillo, EPA Region 10, 1200
6th Ave, Seattle WA 98101, at (206)
553–6125, or spenillo.justin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA. This
supplementary information section is
arranged as follows:
SUMMARY:
E:\FR\FM\22MRP1.SGM
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Agencies
[Federal Register Volume 84, Number 56 (Friday, March 22, 2019)]
[Proposed Rules]
[Pages 10748-10750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05415]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2018-0802; FRL-9991-28-OAR]
Air Plan Approval; California; 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 State Implementation Plan
(SIP). This revision concerns emissions of volatile organic compounds
(VOCs) from solvent cleaning 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 22, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2018-0802 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
[[Page 10749]]
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://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Robert Schwartz, EPA Region IX, 75
Hawthorne Street, San Francisco, CA 94105, (415) 972-3286,
schwartz.robert@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 dates
that it was adopted by the local air agency and submitted by the
California Air Resources Board (CARB).
Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
AVAQMD.............................. 1171 Solvent Cleaning 8/21/2018 10/30/2018
Operations.
----------------------------------------------------------------------------------------------------------------
On November 28, 2018, the EPA determined that the submittal for
AVAQMD Rule 1171 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?
We approved an earlier version of Rule 1171 into the SIP on May 24,
2001 (66 FR 28666). The AVAQMD adopted revisions to the SIP-approved
version on August 21, 2018, and CARB submitted them to us on October
30, 2018.
C. What is the purpose of the rule revision?
Volatile organic compounds (VOCs) contribute to 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. The current SIP-approved Rule
1171 establishes VOC content limits and workplace standards for all
persons who use, store, and dispose of VOC-containing materials in
solvent cleaning operations. Revisions to the SIP-approved rule include
lower VOC content limits for most categories of solvent cleaning
activities and the addition of alternative VOC composite partial
pressure limits for all solvent cleaning activities covered by this
rule; updates to definitions; the addition of more comprehensive
recordkeeping requirements; revised test methods; and the removal of
several exemptions.
Additionally, on October 10, 2017 (82 FR 46923), the EPA partially
conditionally approved AVAQMD's reasonably available control technology
(RACT) demonstrations for the 1997 8-hr ozone National Ambient Air
Quality Standards (NAAQS) and the 2008 8-hr ozone NAAQS (also referred
to as the 2006 and 2015 RACT SIPs) with respect to Rule 1171, based on
commitments from AVAQMD to revise and submit amendments to Rule 1171
that remedy specific deficiencies. These deficiencies were identified
in our December 15, 2016 proposed partial approval and partial
disapproval (81 FR 90754) and referenced in our July 28, 2017 proposal
(82 FR 35149). For Rule 1171, the deficiency identified was the need to
incorporate work practices from the Control Techniques Guidelines,
``Industrial Cleaning Solvents,'' September 2006. Revisions to Rule
1171 on October 30, 2018, were submitted in part to correct this
deficiency. 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).
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 AVAQMD regulates an
ozone nonattainment area classified as Severe for the 1997 and 2008 8-
hour ozone NAAQS (40 CFR 81.305). Therefore, this rule must implement
RACT. In addition, the rule was evaluated to ensure it met the
commitment made by the AVAQMD that served as the basis for the partial
conditional approval of the AVAQMD 2006 and 2015 RACT SIPs with respect
to Rule 1171 (82 FR 46923).
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).
4. ``Control Techniques Guidelines: Industrial Cleaning Solvents,''
EPA-453/R-06-001, September 2006.
B. Does the rule meet the evaluation criteria?
This rule is consistent with CAA requirements and relevant guidance
regarding enforceability, RACT, and SIP revisions, and meets the
District's commitment to remedy the Rule 1171 deficiency identified in
the RACT SIP conditional approval (82 FR 46923). The TSD has more
information on our evaluation.
[[Page 10750]]
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 April 22, 2019. 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, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 11, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2019-05415 Filed 3-21-19; 8:45 am]
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