Air Plan Approval; California; Sacramento Metropolitan Air Quality Management District, 73640-73642 [2020-23552]
Download as PDF
73640
Federal Register / Vol. 85, No. 224 / Thursday, November 19, 2020 / Rules and Regulations
demonstrate the implementation,
maintenance, or enforcement of the
NAAQS. Consequently, EPA finds that
its prior approval of OAC 3745–15–07
into the Ohio SIP was in error. To
correct this error, EPA is removing OAC
3745–15–07 from the approved Ohio
SIP pursuant to section 110(k)(6) of the
CAA, and codifying this removal by
revising the appropriate paragraph
under 40 CFR part 52, subpart KK,
52.1870 (Identification of Plan).
IV. Incorporation by Reference
In this document, EPA is amending
regulatory text that includes
incorporation by reference. As described
in the amendments to 40 CFR part 52 set
forth below, EPA is removing provisions
of the EPA-Approved Ohio Regulations
from the Ohio SIP, which is
incorporated by reference in accordance
with the requirements of 1 CFR part 51.
EPA has made, and will continue to
make the SIP generally available
through www.regulations.gov and at the
EPA Region 5 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this 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 it is not a significant
regulatory action 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
VerDate Sep<11>2014
17:24 Nov 18, 2020
Jkt 253001
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
• 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 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).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by January 19, 2021. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: October 26, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
For reasons set out in the preamble,
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
§ 52.1870
[Amended]
2. In § 52.1870, the table in paragraph
(c) is amended by removing the entry for
‘‘3745–15–07’’ under ‘‘Chapter 3745–15
General Provisions on Air Pollution
Control’’.
■
[FR Doc. 2020–24065 Filed 11–18–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2019–0127; FRL–10014–
90–Region 9]
Air Plan Approval; California;
Sacramento Metropolitan Air Quality
Management District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the Sacramento
Metropolitan Air Quality Management
District (SMAQMD) portion of the
California State Implementation Plan
(SIP). These revisions concern
emissions of volatile organic
compounds (VOCs) from the surface
coating operations of plastic parts and
products. We are approving a local rule
to regulate these emission sources under
the Clean Air Act (CAA or the ‘‘Act’’),
and we are approving a negative
SUMMARY:
E:\FR\FM\19NOR1.SGM
19NOR1
Federal Register / Vol. 85, No. 224 / Thursday, November 19, 2020 / Rules and Regulations
declaration for a subcategory of a
control techniques guidelines (CTG)
source in the SMAQMD.
DATES: This rule will be effective on
December 21, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2019–0127. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information. If
you need assistance in a language other
than English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Arnold Lazarus, EPA Region IX, (415)
972–3024, lazarus.arnold@epa.gov.
73641
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On July 23, 2020 (85 FR 44496), the
EPA proposed to approve the following
rule and negative declaration, listed in
Table 1, into the California SIP.
TABLE 1—SUBMITTED RULE AND NEGATIVE DECLARATION
Local agency
Rule
No.
Rule title
SMAQMD ......................
SMAQMD ......................
468
............
Surface Coating of Plastic Parts and Products ...........................................
Negative Declaration for ‘‘Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings,’’ EPA–453/R–08–003, September 2008 (Pleasure Craft Coating Portion Only).
We proposed to approve this rule and
negative declaration because we
determined that they comply with the
relevant CAA requirements. Our
proposed action contains more
information on the rule, the negative
declaration and our evaluation.
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received no comments.
III. EPA Action
Pursuant to section 110(k)(3) of the
Act, and for the reasons set forth in the
proposed rule and related technical
support documents, the EPA is fully
approving this rule and negative
declaration into the California SIP.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
SMAQMD rule described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these documents
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).
VerDate Sep<11>2014
17:24 Nov 18, 2020
Jkt 253001
Adopted
V. 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 action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this 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 3, 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
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
03/22/2018
03/22/2018
Submitted
05/23/2018
6/11/2018
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, 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 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).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
E:\FR\FM\19NOR1.SGM
19NOR1
73642
Federal Register / Vol. 85, No. 224 / Thursday, November 19, 2020 / Rules and Regulations
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by January 19, 2021.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
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.
Dated: September 25, 2020.
John Busterud,
Regional Administrator, Region IX.
For the reasons stated in the
preamble, the EPA amends, part 52,
Chapter I, Title 40 of the Code of
Federal Regulations as follows:
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.220 is amended by
adding paragraphs (c)(518)(i)(C) and
(c)(543) to read as follows:
■
Identification of plan-in part.
*
*
(c) * * *
(518) * * *
VerDate Sep<11>2014
*
[FR Doc. 2020–23552 Filed 11–18–20; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 201112–0303]
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic
Region; Regulatory Amendment 27;
Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correcting
amendment.
NMFS corrects the final rule
that implemented management
measures described in Regulatory
SUMMARY:
*
17:24 Nov 18, 2020
Negative declarations.
(a) * * *
(2) * * *
(v) Negative Declaration for ‘‘Control
Techniques Guidelines for
Miscellaneous Metal and Plastic Parts
Coatings,’’ EPA–453/R–08–003,
September 2008 (Pleasure Craft Coating
Portion Only) submitted on June 11,
2018 and adopted on March 22, 2018.
*
*
*
*
*
AGENCY:
Subpart F—California
*
§ 52.222
RIN 0648–BK19
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.220
(i) * * *
(C) Sacramento Metropolitan Air
Quality Management District.
(1) Rule 468, ‘‘Surface Coating of
Plastic Parts and Products,’’ adopted on
March 22, 2018.
(2) [Reserved]
*
*
*
*
*
(543) Negative declaration for
following AQMD was submitted on June
11, 2018 by the Governor’s designee.
(i) [Reserved]
(ii) Additional materials.
(A) Sacramento Metropolitan Air
Quality Management District.
(1) Negative Declaration for ‘‘Control
Techniques Guidelines for
Miscellaneous Metal and Plastic Parts
Coatings,’’ EPA–453/R–08–003,
September 2008 (Pleasure Craft Coating
Portion Only), adopted March 22, 2018.
(2) [Reserved]
(B) [Reserved]
■ 3. Section 52.222 is amended by
adding paragraph (a)(2)(v) to read as
follows:
Jkt 253001
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
Amendment 27 (Regulatory Amendment
27) to the Fishery Management Plan for
the Snapper-Grouper Fishery of the
South Atlantic Region (SnapperGrouper FMP), which published in the
Federal Register on January 27, 2020.
That final rule modified management
measures for commercially-caught red
porgy in the South Atlantic exclusive
economic zone (EEZ). In that final rule,
NMFS inadvertently neglected to
remove a regulation prohibiting the sale
and purchase of red porgy during the
months of January through April. The
purpose of this correcting amendment is
to fix that error.
DATES: This correction is effective
November 19, 2020.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, Southeast Regional Office,
NMFS, telephone: 727–824–5305, email:
mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: On
January 27, 2020, NMFS published a
final rule in the Federal Register (85 FR
4588) to implement revisions to
commercial management measures
contained in Regulatory Amendment 27
that included regulatory revisions for
South Atlantic red porgy, among other
measures for snapper-grouper species.
That final rule became effective on
February 26, 2020.
Correction
In the regulatory text of the final rule
for Regulatory Amendment 27, NMFS
inadvertently neglected to remove a
prohibition on the sale and purchase of
red porgy during the months of January
through April in 50 CFR 622.192(f) that
NMFS said it was removing.
The discussions in Regulatory
Amendment 27, as well as the
associated proposed and final rules,
were clear that the existing measure that
prohibits the sale and purchase of red
porgy from January through April was
being removed. Thus, through this
correcting amendment, NMFS corrects
50 CFR 622.192 by removing paragraph
(f).
Classification
Pursuant to section 304(b)(3) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator (AA) has
determined that this final rule is
consistent with Regulatory Amendment
27, the Snapper-Grouper FMP, other
provisions of the Magnuson-Stevens
Act, and other applicable law.
This final rule has been determined to
be not significant under Executive Order
12866. This final rule is not an
Executive Order 13771 regulatory action
because this final rule is not significant
under Executive Order 12866.
E:\FR\FM\19NOR1.SGM
19NOR1
Agencies
[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Rules and Regulations]
[Pages 73640-73642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23552]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2019-0127; FRL-10014-90-Region 9]
Air Plan Approval; California; Sacramento Metropolitan Air
Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Sacramento Metropolitan Air Quality
Management District (SMAQMD) portion of the California State
Implementation Plan (SIP). These revisions concern emissions of
volatile organic compounds (VOCs) from the surface coating operations
of plastic parts and products. We are approving a local rule to
regulate these emission sources under the Clean Air Act (CAA or the
``Act''), and we are approving a negative
[[Page 73641]]
declaration for a subcategory of a control techniques guidelines (CTG)
source in the SMAQMD.
DATES: This rule will be effective on December 21, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2019-0127. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Arnold Lazarus, EPA Region IX, (415)
972-3024, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On July 23, 2020 (85 FR 44496), the EPA proposed to approve the
following rule and negative declaration, listed in Table 1, into the
California SIP.
Table 1--Submitted Rule and Negative Declaration
----------------------------------------------------------------------------------------------------------------
Rule
Local agency No. Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
SMAQMD................................... 468 Surface Coating of Plastic 03/22/2018 05/23/2018
Parts and Products.
SMAQMD................................... ....... Negative Declaration for 03/22/2018 6/11/2018
``Control Techniques
Guidelines for
Miscellaneous Metal and
Plastic Parts Coatings,''
EPA-453/R-08-003, September
2008 (Pleasure Craft
Coating Portion Only).
----------------------------------------------------------------------------------------------------------------
We proposed to approve this rule and negative declaration because
we determined that they comply with the relevant CAA requirements. Our
proposed action contains more information on the rule, the negative
declaration and our evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.
III. EPA Action
Pursuant to section 110(k)(3) of the Act, and for the reasons set
forth in the proposed rule and related technical support documents, the
EPA is fully approving this rule and negative declaration into the
California SIP.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
SMAQMD rule described in the amendments to 40 CFR part 52 set forth
below. The EPA has made, and will continue to make, these documents
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).
V. 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 action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this 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 3,
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, 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 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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small
[[Page 73642]]
Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 19, 2021. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
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.
Dated: September 25, 2020.
John Busterud,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the EPA amends, part 52,
Chapter I, Title 40 of the Code of Federal Regulations as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(518)(i)(C) and
(c)(543) to read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(518) * * *
(i) * * *
(C) Sacramento Metropolitan Air Quality Management District.
(1) Rule 468, ``Surface Coating of Plastic Parts and Products,''
adopted on March 22, 2018.
(2) [Reserved]
* * * * *
(543) Negative declaration for following AQMD was submitted on June
11, 2018 by the Governor's designee.
(i) [Reserved]
(ii) Additional materials.
(A) Sacramento Metropolitan Air Quality Management District.
(1) Negative Declaration for ``Control Techniques Guidelines for
Miscellaneous Metal and Plastic Parts Coatings,'' EPA-453/R-08-003,
September 2008 (Pleasure Craft Coating Portion Only), adopted March 22,
2018.
(2) [Reserved]
(B) [Reserved]
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3. Section 52.222 is amended by adding paragraph (a)(2)(v) to read as
follows:
Sec. 52.222 Negative declarations.
(a) * * *
(2) * * *
(v) Negative Declaration for ``Control Techniques Guidelines for
Miscellaneous Metal and Plastic Parts Coatings,'' EPA-453/R-08-003,
September 2008 (Pleasure Craft Coating Portion Only) submitted on June
11, 2018 and adopted on March 22, 2018.
* * * * *
[FR Doc. 2020-23552 Filed 11-18-20; 8:45 am]
BILLING CODE 6560-50-P