Air Plan Approval; California; El Dorado County Air Quality Management District; South Coast Air Quality Management District, 13514-13516 [2021-04585]
Download as PDF
13514
Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Proposed Rules
These comments will be considered
before taking final action.
IV. Incorporation by Reference
In this document, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
certain subsections of 25 Pa. Code
Chapters 121 (General Provisions) and
127 (Construction, Modification,
Reactivation and Operation of Sources)
as identified and discussed in Section II
of this preamble.
EPA has made, and will continue to
make, these materials generally
available through https://
www.regulations.gov and at the EPA
Region III Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
khammond on DSKJM1Z7X2PROD with PROPOSALS
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 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 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
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
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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, this proposed
rulemaking, pertaining to
Pennsylvania’s NNSR requirements
under the 2012 PM2.5 NAAQS, does not
have tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: March 3, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021–04824 Filed 3–8–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2020–0543; FRL–10020–
96–Region 9]
Air Plan Approval; California; El
Dorado County Air Quality
Management District; South Coast Air
Quality Management District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the El Dorado County Air
SUMMARY:
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Quality Management District
(EDCAQMD) and the South Coast Air
Quality Management District
(SCAQMD) portions of the California
State Implementation Plan (SIP). These
revisions concern emissions of volatile
organic compounds (VOC) from
architectural coatings and a rule that
provides definitions for certain terms
that are necessary for the
implementation of local rules that
regulate sources of air pollution. We are
proposing to approve the rules 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 8, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2020–0543 at https://
www.regulations.gov, or via email to
Arnold Lazarus, at lazarus.arnold@
epa.gov. For comments submitted at
Regulations.gov, follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
For either manner of submission, the
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e., on the web,
cloud, or other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Arnold Lazarus, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3024 or by
email at lazarus.arnold@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. The State’s Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
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Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Proposed Rules
C. What is the purpose of the submitted
rules?
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rules?
B. Do the rules meet the evaluation
criteria?
C. EPA Recommendations To Further
Improve the Rules
D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State’s Submittal
13515
were adopted by the local air agencies
and submitted by the California Air
Resources Board (CARB).
A. What rules did the State submit?
Table 1 lists the rules addressed by
this proposal with the dates that they
TABLE 1—SUBMITTED RULES
Local agency
Rule No.
EDCAQMD ..........................
SCAQMD ............................
215
102
On November 9, 2020, the EPA
determined that the submittals for
EDCAQMD Rule 215 and SCAQMD
Rule 102 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 these
rules?
There is a previous version of
EDAQMD Rule 215 in the SIP, which
was adopted on September 27, 1994,
submitted to EPA by CARB on
November 30, 1994, and approved into
the SIP on January 1, 1996 (61 FR
37390).
There is a previous version of
SCAQMD Rule 102 in the SIP, which
was amended on December 3, 2004,
summited to EPA by CARB on June 16,
2006, and approved into the SIP on
January 8, 2007 (72 FR 656).
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C. What is the purpose of the submitted
rules?
VOCs contribute to the production of
ground-level ozone, smog and
particulate matter, which harm human
health and the environment. Section
110(a) of the CAA requires states to
submit regulations that control VOC
emissions. Architectural coatings are
coatings that are applied to stationary
structures and their accessories. They
include house paints, stains, industrial
maintenance coatings, traffic coatings,
and many other products. VOCs are
emitted from the coatings during
application and curing, and from the
associated solvents used for thinning
and clean-up.
The EDCAQMD Rule 215 controls
VOC emissions from architectural
coatings by establishing VOC limits on
architectural coatings supplied, sold,
offered for sale, manufactured, blended,
or repackaged for use within the
EDCAQMD, as well as architectural
coatings applied or solicited for
application within the District. The
revisions to Rule 215 include aligning
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Revised/
amended
Rule title
Architectural Coatings ....................................................
Definition of Terms .........................................................
the rule with CARB’s ‘‘Suggested
Control Measure for Architectural
Coatings,’’ approved in 2007, and
lowering many of the rule’s VOC limits.
The technical support document (TSD)
has more information about this rule.
The purpose of the submitted rule
revisions for SCAQMD Rule 102 is to
clarify and update definitions in the
rule. The revisions, submitted on
September 16, 2020, add the following
five compounds to the list of exempt
compounds:
• Methyl formate
• propylene carbonate
• 1,1,1,2,3,3,3-heptafluoropropane
(HFC–227ea)
• trans-1,3,3,3-tetrafluoropropene
(HFO–1234ze)
• trans-1-chloro-3,3,3-trifluoropropene
(HFO-1233zd) 1
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rules?
SIP rules must be enforceable (see
CAA section 110(a)(2)), must not
interfere with applicable requirements
concerning attainment and reasonable
further progress or other CAA
requirements (see CAA section 110(l)),
and must not modify certain SIP control
requirements in nonattainment areas
without ensuring equivalent or greater
emissions reductions (see CAA section
193).
Generally, SIP rules must require
Reasonably Available Control
Technology (RACT) for each category of
sources covered by a Control
Techniques Guidelines (CTG) document
as well as each major source of VOCs in
ozone nonattainment areas classified as
Moderate or above (see CAA section
182(b)(2)). The EDCAQMD has been
designated as Severe nonattainment for
1 The Environmental Protection Agency lists this
compound as trans 1-chloro-3,3,3-trifluoroprop-1ene. See 40 CFR 51.100(s)(1). It is identical to the
version that SCAQMD lists. They both have the
same Chemical Abstract Services registry number of
102687–65–0 and molecular formula of C3H2ClF3.
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08/25/2020
01/10/2020
Submitted
09/21/2020
09/16/2020
the 1997 and the 2008 8-hour ozone
National Ambient Air Quality Standards
(NAAQS) and Moderate for the 2015 8hour ozone NAAQS (40 CFR 81.305).
Because there is no relevant EPA CTG
document for architectural coatings and
because there are no major architectural
coating sources within the EDCAQMD,
architectural coatings are not subject to
RACT requirements. However,
architectural coatings are subject to
other VOC content limits and control
measures described in the TSD. The
SCAQMD regulates an ozone
nonattainment area classified as
Extreme for the 1997, 2008 and 2015 8hour ozone NAAQS (40 CFR 81.305).
However, the revisions to the SCAQMD
definitions rule do not have a direct
effect on air pollution emissions and are
intended to improve clarity and
enforceability of other SCAQMD rules,
and thus are not subject to RACT
requirements.
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 and 57 FR 18070,
April 28, 1992).
2. ‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and Deviations’’
(‘‘the Bluebook,’’ U.S. EPA, May 25, 1988;
revised January 11, 1990).
3. ‘‘Guidance Document for Correcting
Common VOC & Other Rule Deficiencies’’
(‘‘the Little Bluebook,’’ EPA Region 9, August
21, 2001).
4. National Volatile Organic Compound
Emission Standards for Architectural
Coatings, 40 CFR 59, Subpart D.
5. CARB ‘‘Suggested Control Measure for
Architectural Coatings,’’ Approved 2007.
6. Code of Federal Regulations, Title 40,
Chapter C, Part 51, Subpart F, § Section
51.100 (s) (1), ‘‘Definitions’’ (40 CFR 51.100).
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Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Proposed Rules
B. Do the rules meet the evaluation
criteria?
These rules are consistent with CAA
requirements and relevant guidance
regarding enforceability, stringency, and
SIP revisions. The TSDs have more
information on our evaluation.
C. EPA Recommendations To Further
Improve the Rules
The TSD for Rule 215 describes a
suggested rule revision 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 rules because
they fulfill all relevant requirements.
We will accept comments from the
public on this proposal until April 8,
2021. If we take final action to approve
the submitted rules, our final action will
incorporate these rules into the federally
enforceable SIP.
khammond on DSKJM1Z7X2PROD with PROPOSALS
III. Incorporation by Reference
In these rules, 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 EDCAQMD Rule 215 and the
SCAQMD Rule 102 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);
VerDate Sep<11>2014
16:42 Mar 08, 2021
Jkt 253001
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Particulate matter, Reporting
and recordkeeping requirements,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 26, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021–04585 Filed 3–8–21; 8:45 am]
BILLING CODE 6560–50–P
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 21–50; RM–11875; DA 21–
159; FR ID 17524]
Television Broadcasting Cape
Girardeau, Missouri
Federal Communications
Commission.
ACTION: Proposed Rule.
AGENCY:
The Video Division has before
it a petition for rulemaking filed
November 27, 2020 (Petition) by Gray
Television Licensee, LLC (Petitioner),
the licensee of KFVS–TV (CBS), channel
11 (KFVS or Station), Cape Girardeau,
Missouri. The Petitioner requests the
substitution of channel 32 for channel
11 at Cape Girardeau, Missouri in the
DTV Table of Allotments. In support of
its channel substitution request, the
Petitioner states that the Commission
has recognized that VHF channels have
certain propagation characteristics
which may cause reception issues for
some viewers, and also that the
‘‘reception of VHF signals require larger
antennas . . . relative to UHF
channels.’’ According to the Petitioner,
‘‘many of its viewers experience
significant difficulty receiving KFVS–
TV’s signal’’ and its channel
substitution proposal will allow KFVS
‘‘to deliver a more reliable over-the-air
signal to viewers.’’ The Petitioner
further states that operation on channel
32 will not result in any predicted loss
of service and would result in a
substantial increase in signal
receivability for KFVS viewers. We
believe that the Petitioner’s channel
substitution proposal warrants
consideration. Channel 32 can be
substituted for channel 11 at Cape
Girardeau, Missouri as proposed, in
compliance with the principal
community coverage requirements of
the Commission’s rules at coordinates
37–27–46.0 N and 89–30–14.0 W. In
addition, we find that this channel
change meets the technical
requirements set forth in our
regulations. We believe that the
Petitioner’s channel substitution
proposal warrants consideration.
Channel 32 can be substituted for
channel 11 at Cape Girardeau, Missouri
as proposed, in compliance with the
principal community coverage
requirements of the Commission’s rules
at coordinates 37–27–46.0 N and 89–30–
14.0 W. In addition, we find that this
channel change meets the technical
requirements set forth in our
regulations.
SUMMARY:
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Agencies
[Federal Register Volume 86, Number 44 (Tuesday, March 9, 2021)]
[Proposed Rules]
[Pages 13514-13516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04585]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2020-0543; FRL-10020-96-Region 9]
Air Plan Approval; California; El Dorado County Air Quality
Management District; South Coast Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the El Dorado County Air Quality Management
District (EDCAQMD) and the South Coast Air Quality Management District
(SCAQMD) portions of the California State Implementation Plan (SIP).
These revisions concern emissions of volatile organic compounds (VOC)
from architectural coatings and a rule that provides definitions for
certain terms that are necessary for the implementation of local rules
that regulate sources of air pollution. We are proposing to approve the
rules 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 8, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2020-0543 at https://www.regulations.gov, or via email to Arnold
Lazarus, at [email protected]. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. For either manner of submission, the EPA may publish
any comment received to its public docket. Do not submit electronically
any information you consider to be Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Arnold Lazarus, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3024 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. The State's Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
[[Page 13515]]
C. What is the purpose of the submitted rules?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. EPA Recommendations To Further Improve the Rules
D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rules did the State submit?
Table 1 lists the rules addressed by this proposal with the dates
that they were adopted by the local air agencies and submitted by the
California Air Resources Board (CARB).
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Revised/ amended Submitted
----------------------------------------------------------------------------------------------------------------
EDCAQMD......................... 215 Architectural Coatings.. 08/25/2020 09/21/2020
SCAQMD.......................... 102 Definition of Terms..... 01/10/2020 09/16/2020
----------------------------------------------------------------------------------------------------------------
On November 9, 2020, the EPA determined that the submittals for EDCAQMD
Rule 215 and SCAQMD Rule 102 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 these rules?
There is a previous version of EDAQMD Rule 215 in the SIP, which
was adopted on September 27, 1994, submitted to EPA by CARB on November
30, 1994, and approved into the SIP on January 1, 1996 (61 FR 37390).
There is a previous version of SCAQMD Rule 102 in the SIP, which
was amended on December 3, 2004, summited to EPA by CARB on June 16,
2006, and approved into the SIP on January 8, 2007 (72 FR 656).
C. What is the purpose of the submitted rules?
VOCs contribute to the production of ground-level ozone, smog and
particulate matter, which harm human health and the environment.
Section 110(a) of the CAA requires states to submit regulations that
control VOC emissions. Architectural coatings are coatings that are
applied to stationary structures and their accessories. They include
house paints, stains, industrial maintenance coatings, traffic
coatings, and many other products. VOCs are emitted from the coatings
during application and curing, and from the associated solvents used
for thinning and clean-up.
The EDCAQMD Rule 215 controls VOC emissions from architectural
coatings by establishing VOC limits on architectural coatings supplied,
sold, offered for sale, manufactured, blended, or repackaged for use
within the EDCAQMD, as well as architectural coatings applied or
solicited for application within the District. The revisions to Rule
215 include aligning the rule with CARB's ``Suggested Control Measure
for Architectural Coatings,'' approved in 2007, and lowering many of
the rule's VOC limits. The technical support document (TSD) has more
information about this rule.
The purpose of the submitted rule revisions for SCAQMD Rule 102 is
to clarify and update definitions in the rule. The revisions, submitted
on September 16, 2020, add the following five compounds to the list of
exempt compounds:
Methyl formate
propylene carbonate
1,1,1,2,3,3,3-heptafluoropropane (HFC-227ea)
trans-1,3,3,3-tetrafluoropropene (HFO-1234ze)
trans-1-chloro-3,3,3-trifluoropropene (HFO-1233zd) \1\
---------------------------------------------------------------------------
\1\ The Environmental Protection Agency lists this compound as
trans 1-chloro-3,3,3-trifluoroprop-1-ene. See 40 CFR 51.100(s)(1).
It is identical to the version that SCAQMD lists. They both have the
same Chemical Abstract Services registry number of 102687-65-0 and
molecular formula of C3H2ClF3.
---------------------------------------------------------------------------
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules?
SIP rules must be enforceable (see CAA section 110(a)(2)), must not
interfere with applicable requirements concerning attainment and
reasonable further progress or other CAA requirements (see CAA section
110(l)), and must not modify certain SIP control requirements in
nonattainment areas without ensuring equivalent or greater emissions
reductions (see CAA section 193).
Generally, SIP rules must require Reasonably Available Control
Technology (RACT) for each category of sources covered by a Control
Techniques Guidelines (CTG) document as well as each major source of
VOCs in ozone nonattainment areas classified as Moderate or above (see
CAA section 182(b)(2)). The EDCAQMD has been designated as Severe
nonattainment for the 1997 and the 2008 8-hour ozone National Ambient
Air Quality Standards (NAAQS) and Moderate for the 2015 8-hour ozone
NAAQS (40 CFR 81.305). Because there is no relevant EPA CTG document
for architectural coatings and because there are no major architectural
coating sources within the EDCAQMD, architectural coatings are not
subject to RACT requirements. However, architectural coatings are
subject to other VOC content limits and control measures described in
the TSD. The SCAQMD regulates an ozone nonattainment area classified as
Extreme for the 1997, 2008 and 2015 8-hour ozone NAAQS (40 CFR 81.305).
However, the revisions to the SCAQMD definitions rule do not have a
direct effect on air pollution emissions and are intended to improve
clarity and enforceability of other SCAQMD rules, and thus are not
subject to RACT requirements.
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 and 57 FR 18070, April 28, 1992).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies,
and Deviations'' (``the Bluebook,'' U.S. EPA, May 25, 1988; revised
January 11, 1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies'' (``the Little Bluebook,'' EPA Region 9, August 21,
2001).
4. National Volatile Organic Compound Emission Standards for
Architectural Coatings, 40 CFR 59, Subpart D.
5. CARB ``Suggested Control Measure for Architectural
Coatings,'' Approved 2007.
6. Code of Federal Regulations, Title 40, Chapter C, Part 51,
Subpart F, Sec. Section 51.100 (s) (1), ``Definitions'' (40 CFR
51.100).
[[Page 13516]]
B. Do the rules meet the evaluation criteria?
These rules are consistent with CAA requirements and relevant
guidance regarding enforceability, stringency, and SIP revisions. The
TSDs have more information on our evaluation.
C. EPA Recommendations To Further Improve the Rules
The TSD for Rule 215 describes a suggested rule revision 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 rules because they fulfill all relevant
requirements. We will accept comments from the public on this proposal
until April 8, 2021. If we take final action to approve the submitted
rules, our final action will incorporate these rules into the federally
enforceable SIP.
III. Incorporation by Reference
In these rules, 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 EDCAQMD Rule 215 and the SCAQMD Rule 102 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);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 26, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-04585 Filed 3-8-21; 8:45 am]
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