Air Plan Approval; California; Antelope Valley Air Quality Management District, 10748-10750 [2019-05415]

Download as PDF 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: VerDate Sep<11>2014 16:46 Mar 21, 2019 Jkt 247001 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 Code of Federal Regulations at www.govinfo.gov. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site. You may also access documents of the Department published in the Federal Register by PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the 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 22MRP1 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 VerDate Sep<11>2014 16:46 Mar 21, 2019 Jkt 247001 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 PO 00000 Frm 00029 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. E:\FR\FM\22MRP1.SGM 22MRP1 10750 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.); VerDate Sep<11>2014 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] BILLING CODE 6560–50–P PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 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 22MRP1

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]
 BILLING CODE 6560-50-P
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