Air Plan Approval; California; San Diego Air Pollution Control District, 43615-43617 [2021-16665]

Download as PDF Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2021–0371; FRL–8746–01– R9] Air Plan Approval; California; San Diego Air Pollution Control District Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve revisions to the San Diego Air Pollution Control District (SDAPCD) portion of the California State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOCs) from cold solvent cleaning and stripping operations and from vapor degreasing operations. We are proposing to approve changes to SIP-approved local 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: Comments must be received on or before September 9, 2021. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2021–0371 at https:// SUMMARY: 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 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. If you need assistance in a language other than English or if you are a person with disabilities who needs a reasonable 43615 accommodation at no cost to you, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Robert Schwartz, EPA Region IX, 75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 972–3286 or by email at 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 rules did the State submit? B. Are there other versions of these rules? C. What is the purpose of the submitted rule revisions? II. The EPA’s Evaluation and Action A. How is the EPA evaluating the rules? B. Do the rules meet the evaluation criteria? C. The EPA’s 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 agency and submitted by the California Air Resources Board (CARB). TABLE 1—SUBMITTED RULES Local agency Rule # SDAPCD .......................................... SDAPCD .......................................... 67.6.1 67.6.2 On June 7, 2021, the EPA determined that the submittal for SDAPCD Rule 67.6.1 and Rule 67.6.2 met the completeness criteria in 40 CFR part 51 Appendix V, which must be met before formal EPA review. jbell on DSKJLSW7X2PROD with PROPOSALS B. Are there other versions of these rules? We approved earlier versions of Rule 67.6.1 and Rule 67.6.2 into the SIP on October 13, 2009.1 The SDAPCD adopted revisions to the SIP-approved versions on February 10, 2021 and CARB submitted them to us on April 20, 2021. If we take final action to approve the February 10, 2021 versions of Rule 67.6.1 and Rule 67.6.2, these versions will replace the previously approved versions of these rules in the SIP. 1 74 FR 52427. VerDate Sep<11>2014 16:29 Aug 09, 2021 Jkt 253001 Cold Solvent Cleaning and Stripping Operations ......... Vapor Degreasing Operations ...................................... C. What is the purpose of the submitted rule revisions? Emissions of VOCs contribute to the production of ground-level ozone and smog, which harm human health and the environment. Section 110(a) of the CAA requires states to submit regulations that control VOC emissions. The District revised Rule 67.6.1 to include more stringent solvent cleaning VOC limits, increase the stringency of a qualifying VOC limit for an exemption to the rule, and remove an inappropriate exemption for sources covered by a National Emission Standards for Hazardous Air Pollutants (NESHAP) standard. Rule 67.6.2 was revised to increase the stringency of a qualifying VOC limit for an exemption to the rule and to add several housekeeping updates. Additionally, on December 3, 2020 (85 FR 77996), the EPA partially approved and partially disapproved PO 00000 Revised and adopted Rule title Frm 00017 Fmt 4702 Sfmt 4702 02/10/2021 02/10/2021 Submitted 04/20/2021 04/20/2021 SDAPCD’s reasonably available control technology (RACT) demonstrations for the 2008 8-hr ozone national ambient air quality standards (NAAQS) (also referred to as the ‘‘2016 RACT SIP’’). These deficiencies were identified in our August 10, 2020 proposed partial approval and partial disapproval.2 For Rule 67.6.1, the deficiency identified was an inappropriate exemption for sources covered by the NESHAP standard. Revisions to Rule 67.6.1 were submitted on April 20, 2021, in part to correct this deficiency. The EPA’s technical support document (TSD) has more information about these rules. II. The EPA’s Evaluation and Action A. How is the EPA evaluating the rules? Rules in the SIP must be enforceable (see CAA section 110(a)(2)), must not interfere with applicable requirements 2 85 E:\FR\FM\10AUP1.SGM FR 48127. 10AUP1 43616 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules 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 SDAPCD regulates an ozone nonattainment area classified as a Severe nonattainment area for the 2008 and 2015 8-hour ozone NAAQS (40 CFR 81.305).3 Therefore, these rules must implement RACT. In addition, we evaluated the rule to ensure it cured the deficiencies we identified in the partial disapproval of the SDAPCD’s 2016 RACT SIP 4 with respect to the requirement to establish RACT-level controls for sources covered by the ‘‘Control Techniques Guidelines for Industrial Cleaning Solvents.’’ Guidance and policy documents that we used to evaluate enforceability, revision/relaxation and rule stringency requirements for the applicable criteria pollutants include the following: jbell on DSKJLSW7X2PROD with PROPOSALS 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 of Volatile Organic Emissions from Solvent Metal Cleaning,’’ EPA–450/2– 77–022, November 1977. 5. ‘‘Control Techniques Guidelines for Industrial Cleaning Solvents,’’ EPA–453/R– 06–001, September 2006. B. Do the rules meet the evaluation criteria? These rules meet CAA requirements and are consistent with relevant guidance regarding enforceability, RACT, and SIP revisions. The revisions to Rule 67.6.1 cure the deficiency identified in our partial disapproval of SDAPCD’s 2016 RACT SIP with respect to the requirement to establish RACTlevel controls for sources covered by the Industrial Cleaning Solvents CTG. 3 86 FR 29522 (June 2, 2021). 4 85 FR 77996 (December 3, 2020) and 85 FR 48127 (August 10, 2020). VerDate Sep<11>2014 16:29 Aug 09, 2021 Jkt 253001 Additionally, the District revised Rule 67.6.1 to include more stringent solvent cleaning VOC limits and to increase the stringency of a qualifying VOC limit for an exemption to the rule. The District revised Rule 67.6.2 to increase the stringency of a qualifying VOC limit for an exemption to the rule. The TSD has more information on our evaluation. C. The EPA Recommendations to Further Improve the Rules We recommend that the District add a reference to SDAPCD Rule 67.17 that contains provisions for this source category supplementary to Rule 67.6.1 and Rule 67.6.2. The TSD includes additional recommendations for the next time the local agency modifies the rules. 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 September 9, 2021. If we take final action to approve the submitted rules, our final action will incorporate these rules into the federally enforceable SIP. In addition, if we finalize our approval of Rule 67.6.1, it will address our obligation to promulgate a Federal Implementation Plan for the Industrial Cleaning Solvent CTG source category associated with our partial disapproval of the District’s 2008 RACT SIP, and satisfy the District’s requirement to establish RACT-level controls for this source category.5 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 SDAPCD rules described in Table 1 of this preamble. The EPA has made, and will continue to make, these materials available through https:// 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 5 Sanctions and FIP clocks still apply as they relate to deficiencies in other CTG source categories identified elsewhere in our partial disapproval of the District’s 2008 RACT SIP (85 FR 77996). PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 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). E:\FR\FM\10AUP1.SGM 10AUP1 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules 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: July 19, 2021. Deborah Jordan, Acting Regional Administrator, Region IX. [FR Doc. 2021–16665 Filed 8–9–21; 8:45 am] BILLING CODE 6560–50–P ‘‘Written Comments’’ heading of the section of this document. FOR FURTHER INFORMATION CONTACT: Robert F. Webber, Environmental Protection Agency, Region 7 Office, Air Permitting and Standards Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551– 7251; email address: webber.robert@ epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. SUPPLEMENTARY INFORMATION Table of Contents ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R07–OAR–2021–0475; FRL–8754–01– R7] Air Plan Approval; Missouri; Restriction of Emissions From BatchType Charcoal Kilns Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing approval of a State Implementation Plan (SIP) revision submitted by Missouri on January 19, 2021. Missouri requests that the EPA approve into Missouri’s SIP revisions to its rule related to control of emissions from Batch-Type Charcoal Kilns. These revisions correct an erroneous reference, update, correct and clarify references to test methods, remove unnecessary words, and make other grammatical and typographical corrections. These revisions are administrative in nature and do not impact the stringency of the SIP or have an adverse impact to air quality. The EPA’s proposed approval of this rule revision is being done in accordance with the requirements of the Clean Air Act (CAA). DATES: Comments must be received on or before September 9, 2021. ADDRESSES: You may send comments, identified by Docket ID No. EPA–R07– OAR–2021–0475 to https:// www.regulations.gov. Follow the online instructions for submitting comments. Instructions: All submissions received must include the Docket ID No. for this rulemaking. Comments received will be posted without change to https:// www.regulations.gov/, including any personal information provided. For detailed instructions on sending comments and additional information on the rulemaking process, see the jbell on DSKJLSW7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:29 Aug 09, 2021 Jkt 253001 I. Written Comments II. What is being addressed in this document? III. Have the requirements for approval of a SIP revision been met? IV. What action is the EPA proposing to take? V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. Written Comments Submit your comments, identified by Docket ID No. EPA–R07–OAR–2021– 0475, at https://www.regulations.gov. 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. II. What is being addressed in this document? The EPA is proposing to approve revisions to the Missouri SIP received on January 19, 2021. The revisions are to Title 10, Division 10 of the Code of State Regulations (CSR), 10 CSR 10– 6.330 ‘‘Restriction of Emissions From Batch-Type Charcoal Kilns’’ which establishes emission limits for batchtype charcoal kilns based on operational parameters that reflect the Best Available Control Technology (BACT) for this industry as of August 20, 1997. PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 43617 These revisions correct an erroneous reference to 10 CSR 10–6.030(21), update, correct and clarify references to test methods, remove unnecessary words, and make other grammatical and typographical corrections. These revisions are described in detail in the technical support document (TSD) included in the docket for this action. Missouri received no comments during the state public comment period. The EPA is proposing to approve the revisions to this rule because it will not have a negative impact on air quality. III. Have the requirements for approval of a SIP revision been met? The State submission has met the public notice requirements for SIP submissions in accordance with 40 CFR 51.102. The submission also satisfied the completeness criteria of 40 CFR part 51, appendix V. The State provided public notice on this SIP revision from September 16, 2019 to December 10, 2019 and received no comments on this rulemaking. As explained above, the revision meets the substantive SIP requirements of the CAA, including section 110 and implementing regulations. IV. What action is the EPA proposing to take? The EPA is proposing to approve Missouri’s request to revise 10 CSR 10– 6.330. The EPA is soliciting comment on the substantive and administrative revisions detailed in this proposal and the TSD. The EPA is not soliciting comment on existing rule text that has been previously approved by the EPA into the SIP. Final rulemaking will occur after consideration of any comments. V. Incorporation by Reference In this document, the EPA is proposing to include regulatory text in an EPA final rule that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the Missouri Regulation described in the proposed amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 7 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). VI. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission E:\FR\FM\10AUP1.SGM 10AUP1

Agencies

[Federal Register Volume 86, Number 151 (Tuesday, August 10, 2021)]
[Proposed Rules]
[Pages 43615-43617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16665]



[[Page 43615]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0371; FRL-8746-01-R9]


Air Plan Approval; California; San Diego Air Pollution Control 
District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the San Diego Air Pollution Control District 
(SDAPCD) portion of the California State Implementation Plan (SIP). 
These revisions concern emissions of volatile organic compounds (VOCs) 
from cold solvent cleaning and stripping operations and from vapor 
degreasing operations. We are proposing to approve changes to SIP-
approved local 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: Comments must be received on or before September 9, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2021-0371 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 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. 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: Robert Schwartz, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3286 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?
    C. What is the purpose of the submitted rule revisions?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. The EPA's 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 agency and submitted by the 
California Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                                    Revised and
             Local agency                   Rule #             Rule title             adopted        Submitted
----------------------------------------------------------------------------------------------------------------
SDAPCD................................          67.6.1  Cold Solvent Cleaning         02/10/2021      04/20/2021
                                                         and Stripping
                                                         Operations.
SDAPCD................................          67.6.2  Vapor Degreasing              02/10/2021      04/20/2021
                                                         Operations.
----------------------------------------------------------------------------------------------------------------

    On June 7, 2021, the EPA determined that the submittal for SDAPCD 
Rule 67.6.1 and Rule 67.6.2 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?

    We approved earlier versions of Rule 67.6.1 and Rule 67.6.2 into 
the SIP on October 13, 2009.\1\ The SDAPCD adopted revisions to the 
SIP-approved versions on February 10, 2021 and CARB submitted them to 
us on April 20, 2021. If we take final action to approve the February 
10, 2021 versions of Rule 67.6.1 and Rule 67.6.2, these versions will 
replace the previously approved versions of these rules in the SIP.
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    \1\ 74 FR 52427.
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C. What is the purpose of the submitted rule revisions?

    Emissions of VOCs contribute to the production of ground-level 
ozone and smog, which harm human health and the environment. Section 
110(a) of the CAA requires states to submit regulations that control 
VOC emissions. The District revised Rule 67.6.1 to include more 
stringent solvent cleaning VOC limits, increase the stringency of a 
qualifying VOC limit for an exemption to the rule, and remove an 
inappropriate exemption for sources covered by a National Emission 
Standards for Hazardous Air Pollutants (NESHAP) standard. Rule 67.6.2 
was revised to increase the stringency of a qualifying VOC limit for an 
exemption to the rule and to add several housekeeping updates.
    Additionally, on December 3, 2020 (85 FR 77996), the EPA partially 
approved and partially disapproved SDAPCD's reasonably available 
control technology (RACT) demonstrations for the 2008 8-hr ozone 
national ambient air quality standards (NAAQS) (also referred to as the 
``2016 RACT SIP''). These deficiencies were identified in our August 
10, 2020 proposed partial approval and partial disapproval.\2\ For Rule 
67.6.1, the deficiency identified was an inappropriate exemption for 
sources covered by the NESHAP standard. Revisions to Rule 67.6.1 were 
submitted on April 20, 2021, in part to correct this deficiency. The 
EPA's technical support document (TSD) has more information about these 
rules.
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    \2\ 85 FR 48127.
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II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rules?

    Rules in the SIP must be enforceable (see CAA section 110(a)(2)), 
must not interfere with applicable requirements

[[Page 43616]]

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 SDAPCD regulates an 
ozone nonattainment area classified as a Severe nonattainment area for 
the 2008 and 2015 8-hour ozone NAAQS (40 CFR 81.305).\3\ Therefore, 
these rules must implement RACT. In addition, we evaluated the rule to 
ensure it cured the deficiencies we identified in the partial 
disapproval of the SDAPCD's 2016 RACT SIP \4\ with respect to the 
requirement to establish RACT-level controls for sources covered by the 
``Control Techniques Guidelines for Industrial Cleaning Solvents.''
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    \3\ 86 FR 29522 (June 2, 2021).
    \4\ 85 FR 77996 (December 3, 2020) and 85 FR 48127 (August 10, 
2020).
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    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 of Volatile Organic Emissions from Solvent Metal 
Cleaning,'' EPA-450/2-77-022, November 1977.
    5. ``Control Techniques Guidelines for Industrial Cleaning 
Solvents,'' EPA-453/R-06-001, September 2006.

B. Do the rules meet the evaluation criteria?

    These rules meet CAA requirements and are consistent with relevant 
guidance regarding enforceability, RACT, and SIP revisions. The 
revisions to Rule 67.6.1 cure the deficiency identified in our partial 
disapproval of SDAPCD's 2016 RACT SIP with respect to the requirement 
to establish RACT-level controls for sources covered by the Industrial 
Cleaning Solvents CTG. Additionally, the District revised Rule 67.6.1 
to include more stringent solvent cleaning VOC limits and to increase 
the stringency of a qualifying VOC limit for an exemption to the rule. 
The District revised Rule 67.6.2 to increase the stringency of a 
qualifying VOC limit for an exemption to the rule. The TSD has more 
information on our evaluation.

C. The EPA Recommendations to Further Improve the Rules

    We recommend that the District add a reference to SDAPCD Rule 67.17 
that contains provisions for this source category supplementary to Rule 
67.6.1 and Rule 67.6.2. The TSD includes additional recommendations for 
the next time the local agency modifies the rules.

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 September 9, 2021. If we take final action to approve the 
submitted rules, our final action will incorporate these rules into the 
federally enforceable SIP. In addition, if we finalize our approval of 
Rule 67.6.1, it will address our obligation to promulgate a Federal 
Implementation Plan for the Industrial Cleaning Solvent CTG source 
category associated with our partial disapproval of the District's 2008 
RACT SIP, and satisfy the District's requirement to establish RACT-
level controls for this source category.\5\
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    \5\ Sanctions and FIP clocks still apply as they relate to 
deficiencies in other CTG source categories identified elsewhere in 
our partial disapproval of the District's 2008 RACT SIP (85 FR 
77996).
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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 SDAPCD rules described in Table 1 of this preamble. The 
EPA has made, and will continue to make, these materials available 
through https://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).

[[Page 43617]]

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: July 19, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-16665 Filed 8-9-21; 8:45 am]
BILLING CODE 6560-50-P
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