Air Plan Approval; California; South Coast Air Quality Management District, 47268-47270 [2021-17957]
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Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Proposed Rules
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CBI should be sent to James Schroeder,
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which is not specifically designated as
CBI will be placed in the public docket
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2. Visiting the FAA’s Regulations and
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3. Accessing the Government
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Copies may also be obtained by
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including economic analyses and
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eRulemaking Portal referenced in item
(1) above.
Issued under authority provided by 49
U.S.C. 106(f), 44701(a), and 44703 in
Washington, DC, on August 13, 2021.
Timothy R. Adams,
Acting Executive Director, Office of
Rulemaking.
[FR Doc. 2021–17847 Filed 8–23–21; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2020–0341; FRL–8747–01–
R9]
Air Plan Approval; California; 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 South Coast Air Quality
Management District (SCAQMD) portion
of the California State Implementation
Plan (SIP). These revisions concern
emissions of volatile organic
compounds (VOCs) from marine and
pleasure craft coating operations. We are
proposing to approve a local rule and a
rule rescission 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 23, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2020–0341 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
SUMMARY:
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:
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?
C. What is the purpose of the submitted
rule and rule rescission?
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rule and
rule rescission?
B. Do the rule and rule rescission meet the
evaluation criteria?
C. The EPA’s Recommendations To Further
Improve the Rule
D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What rules did the State submit?
Table 1 lists the rule revisions
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
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SCAQMD .......
SCAQMD .......
Rule #
1106
1106.1
Rule title
Amended
Rescinded
Marine and Pleasure Craft Coatings ...................................
Pleasure Craft Coating Operations .....................................
5/3/2019
........................
........................
5/3/2019
On August 19, 2020 the submittal for
SCAQMD Rule 1106 and the rescission
of Rule 1106.1 was deemed by operation
of law to meet 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 an earlier version of
SCAQMD Rule 1106 into the SIP on July
14, 1995 1 and we approved SCAQMD
1 60
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2/19/2020
2/19/2020
Rule 1106.1 into the SIP on August 31,
1999.2 The SCAQMD adopted revisions
to the SIP-approved versions of these
rules on May 3, 2019 and CARB
2 64
Fmt 4702
Submitted
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submitted them to us on February 19,
2020.
C. What is the purpose of the submitted
rule and rule rescission?
Emissions of 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. Rule 1106 regulates
VOC emissions from all marine and
pleasure craft coating operations,
including coatings for boats, ships and
their appurtenances, buoys, and oil
drilling rigs intended for the marine
environment, and applies to any person
who solicits the application of any
Marine or Pleasure Craft Coating and
any associated solvent used with a
Marine or Pleasure Craft Coating within
the South Coast AQMD Jurisdiction.
The rule was amended to include
pleasure craft coating operations, lower
the VOC content limit of a number of
existing coatings, and add five coatings
to the specialty coating list. Rule 1106.1,
Pleasure Craft Coating Operations, has
been locally rescinded; however, all of
the coatings limits in Rule 1106.1 are
now covered by Rule 1106. The EPA’s
technical support document (TSD) has
more information about this rule and
rule rescission.
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II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rule
and rule rescission?
Rules in the SIP 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 VOC in ozone
nonattainment areas classified as
Moderate or above (see CAA section
182(b)(2)). The SCAQMD regulates an
ozone nonattainment area classified as
Extreme for the 1997, 2008, and 2015 8Hour Ozone National Ambient Air
Quality Standards (40 CFR 81.305). Rule
1106 is covered by ‘‘Control Techniques
Guidelines for Shipbuilding and Ship
Repair Operations 3’’ and ‘‘Control
Techniques Guidelines for
3 61
FR 44050 (August 27, 1996).
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Miscellaneous Metal and Plastic Parts
Coatings’’ (EPA–453/R–08–003,
September 2008). Therefore, this rule
must implement RACT.
Guidance and policy documents that
we used to evaluate enforceability,
revision/relaxation, and rule stringency
requirements for the applicable criteria
pollutants include the following:
1. ‘‘State Implementation Plans;
General Preamble for the
Implementation of Title I of the Clean
Air Act Amendments of 1990,’’ 57 FR
13498 (April 16, 1992); 57 FR 18070
(April 28, 1992).
2. ‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and
Deviations,’’ EPA, May 25, 1988 (the
Bluebook, revised January 11, 1990).
3. ‘‘Guidance Document for Correcting
Common VOC & Other Rule
Deficiencies,’’ EPA Region 9, August 21,
2001 (the Little Bluebook).
4. ‘‘Control Techniques Guidelines for
Shipbuilding and Ship Repair
Operations’’ (61 FR 44050), August 27,
1996.
5. ‘‘Alternative Control Techniques
Document: Surface Coating Operations
at Shipbuilding and Ship Repair
Facilities’’ (EPA 453/R–94–032, April
1994).
6. ‘‘Control Techniques Guidelines for
Miscellaneous Metal and Plastic Parts
Coatings’’ (EPA–453/R–08–003,
September 2008).
B. Do the rule and rule rescission meet
the evaluation criteria?
This submittal of the rule and rule
rescission meets CAA requirements and
is consistent with relevant guidance
regarding enforceability, RACT, and SIP
revisions. Specifically, the rule
requirements sufficiently ensure that
affected sources and regulators can
consistently evaluate and determine
compliance with Rule 1106.
Additionally, our analysis finds that
Rule 1106 represents RACT for Marine
or Pleasure Craft Coatings because it has
VOC content limits consistent with
limits adopted in other districts and the
applicable CTGs. We also found that the
limits in Rule 1106 and the rescinded
Rule 1106.1 are identical. Lastly, Rule
1106 will not interfere with any
applicable requirements of the CAA.
The TSD has more information on our
evaluation.
C. The EPA’s Recommendations To
Further Improve the Rule
The EPA recommends amendments
for consideration by the District the next
time Rule 1106 is revised. Specifically,
our TSD recommends removing the
category ‘‘Metallic Heat Resistant
Coating’’and moving the category
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Elastomeric Adhesive to Rule 1168—
Adhesive and Sealant Applications. Our
TSD has more information regarding
these recommendations.
D. Public Comment and Proposed
Action
As authorized in section 110(k)(3) of
the Act, the EPA proposes to fully
approve the submitted rule and rule
rescission because they fulfill all
relevant requirements. We will accept
comments from the public on this
proposal until September 23, 2021. If we
take final action to approve the
submitted rule, our final action will
incorporate this rule and rule rescission
into the federally enforceable SIP.
III. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
SCAQMD Rule 1106 and the rescission
of SCAQMD Rule 1106.1 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.);
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• 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: August 12, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021–17957 Filed 8–23–21; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2021–0531; FRL–8843–01–
R3]
Approval and Promulgation of Air
Quality Plans; Pennsylvania;
Reasonably Available Control
Technology (RACT) Determinations for
Case-by-Case Sources Under the 1997
and 2008 8-Hour Ozone National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
multiple state implementation plan
(SIP) revisions submitted by the
Commonwealth of Pennsylvania. These
revisions were submitted by the
Pennsylvania Department of
Environmental Protection (PADEP) to
establish and require reasonably
available control technology (RACT) for
twenty-three major sources of volatile
organic compounds (VOC) and/or
nitrogen oxides (NOX) pursuant to the
Commonwealth of Pennsylvania’s
conditionally approved RACT
regulations. In this rulemaking action,
EPA is proposing to approve sourcespecific RACT determinations (case-bycase or alternative NOX emission limits)
for sources at twenty-three major NOX
and VOC emitting facilities submitted
by PADEP. These RACT evaluations
were submitted to meet RACT
requirements for the 1997 and 2008 8hour ozone national ambient air quality
standards (NAAQS). This action is being
taken under the Clean Air Act (CAA).
DATES: Written comments must be
received on or before September 23,
2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2021–0531 at https://
www.regulations.gov, or via email to
opila.marycate@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, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
SUMMARY:
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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. 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.
Ms.
Emily Bertram, Permits Branch (3AD10),
Air & Radiation Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–5273.
Ms. Bertram can also be reached via
electronic mail at bertram.emily@
epa.gov.
FOR FURTHER INFORMATION CONTACT:
On May 7,
2020, PADEP submitted a revision to its
SIP to address source-specific NOX and/
or VOC RACT for sources at numerous
major NOX and VOC emitting facilities
located in the Commonwealth,
including the twenty-three facilities in
this action. This SIP revision is
intended to address the NOX and/or
VOC RACT requirements under sections
182 and 184 of the CAA for the 1997
and 2008 8-hour ozone NAAQS. Table
1 of this document lists the SIP
submittal date and the facilities
included in PADEP’s submittal.
Although submitted in one SIP revision
by PADEP, EPA views each facility as a
separable SIP revision and may take
separate final action on one or more
facilities.
For additional background
information on Pennsylvania’s
‘‘presumptive’’ RACT II SIP see 84 FR
20274 (May 9, 2019) and on
Pennsylvania’s source-specific (case-bycase or alternative NOX emission limits)
RACT determinations see the
appropriate technical support document
(TSD) which is available online at
https://www.regulations.gov, Docket No.
EPA–R03–OAR–2021–0531.
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 86, Number 161 (Tuesday, August 24, 2021)]
[Proposed Rules]
[Pages 47268-47270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17957]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2020-0341; FRL-8747-01-R9]
Air Plan Approval; California; 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 South Coast Air Quality Management District
(SCAQMD) portion of the California State Implementation Plan (SIP).
These revisions concern emissions of volatile organic compounds (VOCs)
from marine and pleasure craft coating operations. We are proposing to
approve a local rule and a rule rescission 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 23, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2020-0341 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: 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?
C. What is the purpose of the submitted rule and rule
rescission?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule and rule rescission?
B. Do the rule and rule rescission meet the evaluation criteria?
C. The EPA's Recommendations To Further Improve the Rule
D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rules did the State submit?
Table 1 lists the rule revisions 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 # Rule title Amended Rescinded Submitted
--------------------------------------------------------------------------------------------------------------------------------------------------------
SCAQMD......................................... 1106 Marine and Pleasure Craft Coatings..... 5/3/2019 .............. 2/19/2020
SCAQMD......................................... 1106.1 Pleasure Craft Coating Operations...... .............. 5/3/2019 2/19/2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
On August 19, 2020 the submittal for SCAQMD Rule 1106 and the
rescission of Rule 1106.1 was deemed by operation of law to meet 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 an earlier version of SCAQMD Rule 1106 into the SIP on
July 14, 1995 \1\ and we approved SCAQMD Rule 1106.1 into the SIP on
August 31, 1999.\2\ The SCAQMD adopted revisions to the SIP-approved
versions of these rules on May 3, 2019 and CARB
[[Page 47269]]
submitted them to us on February 19, 2020.
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\1\ 60 FR 36227.
\2\ 64 FR 47392.
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C. What is the purpose of the submitted rule and rule rescission?
Emissions of 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. Rule 1106 regulates VOC
emissions from all marine and pleasure craft coating operations,
including coatings for boats, ships and their appurtenances, buoys, and
oil drilling rigs intended for the marine environment, and applies to
any person who solicits the application of any Marine or Pleasure Craft
Coating and any associated solvent used with a Marine or Pleasure Craft
Coating within the South Coast AQMD Jurisdiction.
The rule was amended to include pleasure craft coating operations,
lower the VOC content limit of a number of existing coatings, and add
five coatings to the specialty coating list. Rule 1106.1, Pleasure
Craft Coating Operations, has been locally rescinded; however, all of
the coatings limits in Rule 1106.1 are now covered by Rule 1106. The
EPA's technical support document (TSD) has more information about this
rule and rule rescission.
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule and rule rescission?
Rules in the SIP 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
VOC in ozone nonattainment areas classified as Moderate or above (see
CAA section 182(b)(2)). The SCAQMD regulates an ozone nonattainment
area classified as Extreme for the 1997, 2008, and 2015 8-Hour Ozone
National Ambient Air Quality Standards (40 CFR 81.305). Rule 1106 is
covered by ``Control Techniques Guidelines for Shipbuilding and Ship
Repair Operations \3\'' and ``Control Techniques Guidelines for
Miscellaneous Metal and Plastic Parts Coatings'' (EPA-453/R-08-003,
September 2008). Therefore, this rule must implement RACT.
---------------------------------------------------------------------------
\3\ 61 FR 44050 (August 27, 1996).
---------------------------------------------------------------------------
Guidance and policy documents that we used to evaluate
enforceability, revision/relaxation, and rule stringency requirements
for the applicable criteria pollutants include the following:
1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11,
1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
4. ``Control Techniques Guidelines for Shipbuilding and Ship Repair
Operations'' (61 FR 44050), August 27, 1996.
5. ``Alternative Control Techniques Document: Surface Coating
Operations at Shipbuilding and Ship Repair Facilities'' (EPA 453/R-94-
032, April 1994).
6. ``Control Techniques Guidelines for Miscellaneous Metal and
Plastic Parts Coatings'' (EPA-453/R-08-003, September 2008).
B. Do the rule and rule rescission meet the evaluation criteria?
This submittal of the rule and rule rescission meets CAA
requirements and is consistent with relevant guidance regarding
enforceability, RACT, and SIP revisions. Specifically, the rule
requirements sufficiently ensure that affected sources and regulators
can consistently evaluate and determine compliance with Rule 1106.
Additionally, our analysis finds that Rule 1106 represents RACT for
Marine or Pleasure Craft Coatings because it has VOC content limits
consistent with limits adopted in other districts and the applicable
CTGs. We also found that the limits in Rule 1106 and the rescinded Rule
1106.1 are identical. Lastly, Rule 1106 will not interfere with any
applicable requirements of the CAA. The TSD has more information on our
evaluation.
C. The EPA's Recommendations To Further Improve the Rule
The EPA recommends amendments for consideration by the District the
next time Rule 1106 is revised. Specifically, our TSD recommends
removing the category ``Metallic Heat Resistant Coating''and moving the
category Elastomeric Adhesive to Rule 1168--Adhesive and Sealant
Applications. Our TSD has more information regarding these
recommendations.
D. Public Comment and Proposed Action
As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted rule and rule rescission because they
fulfill all relevant requirements. We will accept comments from the
public on this proposal until September 23, 2021. If we take final
action to approve the submitted rule, our final action will incorporate
this rule and rule rescission into the federally enforceable SIP.
III. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference SCAQMD Rule 1106 and the rescission of SCAQMD Rule 1106.1
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.);
[[Page 47270]]
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: August 12, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-17957 Filed 8-23-21; 8:45 am]
BILLING CODE 6560-50-P
