Air Plan Approval; California; Ventura County Air Pollution Control District, 59682-59684 [2021-23538]

Download as PDF jspears on DSK121TN23PROD with PROPOSALS1 59682 Federal Register / Vol. 86, No. 206 / Thursday, October 28, 2021 / Proposed Rules See 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 they meet the criteria of the CAA. 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 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). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial VerDate Sep<11>2014 16:49 Oct 27, 2021 Jkt 256001 direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: October 21, 2021. John Blevins, Acting Regional Administrator, Region 4. [FR Doc. 2021–23348 Filed 10–27–21; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2021–0620; FRL–9188–01– R9] Air Plan Approval; California; Ventura County Air Pollution Control District Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve revisions to the Ventura County Air Pollution Control District (VCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOCs) from surface cleaning and degreasing operations, and from batch loaded 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 November 29, 2021. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2021–0620 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 SUMMARY: PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 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 or Doris Lo, EPA Region IX, 75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 972–3959 or by email at lo.doris@ 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). E:\FR\FM\28OCP1.SGM 28OCP1 Federal Register / Vol. 86, No. 206 / Thursday, October 28, 2021 / Proposed Rules 59683 TABLE 1—SUBMITTED RULES Local agency Rule No. VCAPCD ................................. VCAPCD ................................. 74.6 74.6.1 On September 25, 2021, the EPA determined that the submittal for VCAPCD Rule 74.6 and Rule 74.6.1 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 74.6 and Rule 74.6.1 into the SIP on October 25, 2005.1 The VCAPCD adopted revisions to the SIP-approved versions on November 10, 2020, and CARB submitted them to us on July 26, 2021. If we take final action to approve the November 10, 2020 versions of Rule 74.6 and Rule 74.6.1, these versions will replace the previously approved versions of these rules in the SIP. 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 74.6 to contain more stringent solvent cleaning VOC limits, remove an inappropriate exemption for sources covered by a National Emission Standards for Hazardous Air Pollutants (NESHAP) standard, and to add several housekeeping updates. Rule 74.6.1 was revised to include more stringent requirements for alternative cleaning systems, recordkeeping, and test methods; to remove an inappropriate exemption for sources covered by a NESHAP standard, and to add several housekeeping updates. The EPA’s technical support document (TSD) has more information about these rules. jspears on DSK121TN23PROD with PROPOSALS1 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 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 1 70 FR 61561. VerDate Sep<11>2014 16:49 Oct 27, 2021 Jkt 256001 Revised and adopted Rule title Surface Cleaning and Degreasing ......................................... Batch Loaded Vapor Degreasers ........................................... 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 VCAPCD regulates an ozone nonattainment area classified as a Serious nonattainment area for the 2008 and 2015 8-hour ozone national ambient air quality standards (40 CFR 81.305). Therefore, these rules 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 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 District revised Rule 74.6 to contain more stringent solvent cleaning VOC limits and to remove an inappropriate exemption for sources covered by a NESHAP standard. Rule 74.6.1 was revised to include more stringent requirements for alternative cleaning systems, recordkeeping, and test methods, and to remove an inappropriate exemption for sources covered by a NESHAP standard. The TSD has more information on our evaluation. PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 11/10/2020 11/10/2020 Submitted 07/26/2021 07/26/2021 C. The EPA’s Recommendations To Further Improve the Rules We recommend that the District revise Rule 74.6 to contain consistent record retention requirements of at least five years in all applicable provisions of the rule. 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 November 29, 2021. 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 VCAPCD 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 persons 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); E:\FR\FM\28OCP1.SGM 28OCP1 59684 Federal Register / Vol. 86, No. 206 / Thursday, October 28, 2021 / Proposed Rules • 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). jspears on DSK121TN23PROD with PROPOSALS1 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: October 23, 2021. Deborah Jordan, Acting Regional Administrator, Region IX. [FR Doc. 2021–23538 Filed 10–27–21; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 16:49 Oct 27, 2021 Jkt 256001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 751 [EPA–HQ–OPPT–2021–0598; FRL–6015.6– 01–OCSPP] RIN 2070–AK95 Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h); Phenol, Isopropylated Phosphate (3:1); Further Compliance Date Extension Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to amend the regulations applicable to phenol, isopropylated phosphate (3:1) (PIP (3:1)) promulgated under the Toxic Substances Control Act (TSCA). Specifically, EPA is proposing to extend the compliance date applicable to the processing and distribution in commerce of certain PIP (3:1)containing articles, and the PIP (3:1) used to make those articles until October 31, 2024, along with the associated recordkeeping requirements for manufacturers, processors, and distributors of PIP (3:1)-containing articles. EPA is also announcing its intention to commence a new rulemaking effort on PIP (3:1) and four other persistent, bioaccumulative, and toxic (PBT) chemicals that have been regulated under TSCA section 6(h). EPA is anticipating issuing a proposal to this end in 2023. DATES: Comments must be received on or before December 27, 2021. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPPT–2021–0598, using the Federal eRulemaking Portal at https://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at https://www.epa.gov/dockets/aboutepa-dockets. Due to the public health concerns related to COVID–19, the EPA Docket Center (EPA/DC) and Reading Room are closed to visitors with limited exceptions. The staff continues to provide remote customer service via email, phone, and webform. For the latest status information on EPA/DC SUMMARY: PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 services and docket access, visit https:// www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: For technical information contact: Cindy Wheeler, Existing Chemicals Risk Management Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (202) 566–0484; email address: TSCA-PBTrules@epa.gov. For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554– 1404; email address: TSCA-Hotline@ epa.gov. SUPPLEMENTARY INFORMATION: I. Executive Summary A. Does this action apply to me? You may be potentially affected by this action if you manufacture (including import), process, distribute in commerce, or use phenol, isopropylated phosphate (3:1) (PIP (3:1)), or PIP (3:1)-containing articles, especially plastic articles that are components of electronics or electrical articles. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: • Petroleum Refineries (NAICS Code 324110); • All Other Basic Organic Chemical Manufacturing (NAICS Code 325199); • Plastics Material and Resin Manufacturing (NAICS Code 325211); • All Other Miscellaneous Chemical Product and Preparation Manufacturing (NAICS Code 325998); • Machinery Manufacturing (NAICS Code 333); • Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing (NAICS Code 333415); • Other Communications Equipment Manufacturing (NAICS Code 334290); • Computer and Electronic Product Manufacturing (NAICS Code 334); • Small Electrical Appliance Manufacturing (NAICS Code 335210); • Major Household Appliance Manufacturing (NAICS Code 335220); • Motor and Generator Manufacturing (NAICS Code 335312); • Switchgear and Switchboard Apparatus Manufacturing (NAICS Code 335313); • Relay and Industrial Control Manufacturing (NAICS Code 335314); E:\FR\FM\28OCP1.SGM 28OCP1

Agencies

[Federal Register Volume 86, Number 206 (Thursday, October 28, 2021)]
[Proposed Rules]
[Pages 59682-59684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23538]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0620; FRL-9188-01-R9]


Air Plan Approval; California; Ventura County Air Pollution 
Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Ventura County Air Pollution Control District 
(VCAPCD) portion of the California State Implementation Plan (SIP). 
These revisions concern emissions of volatile organic compounds (VOCs) 
from surface cleaning and degreasing operations, and from batch loaded 
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 November 29, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2021-0620 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 or Doris Lo, EPA 
Region IX, 75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 
972-3959 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).

[[Page 59683]]



                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                                    Revised and
            Local agency                Rule No.              Rule title              adopted        Submitted
----------------------------------------------------------------------------------------------------------------
VCAPCD.............................            74.6  Surface Cleaning and             11/10/2020      07/26/2021
                                                      Degreasing.
VCAPCD.............................          74.6.1  Batch Loaded Vapor               11/10/2020      07/26/2021
                                                      Degreasers.
----------------------------------------------------------------------------------------------------------------

    On September 25, 2021, the EPA determined that the submittal for 
VCAPCD Rule 74.6 and Rule 74.6.1 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 74.6 and Rule 74.6.1 into the 
SIP on October 25, 2005.\1\ The VCAPCD adopted revisions to the SIP-
approved versions on November 10, 2020, and CARB submitted them to us 
on July 26, 2021. If we take final action to approve the November 10, 
2020 versions of Rule 74.6 and Rule 74.6.1, these versions will replace 
the previously approved versions of these rules in the SIP.
---------------------------------------------------------------------------

    \1\ 70 FR 61561.
---------------------------------------------------------------------------

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 74.6 to contain more stringent 
solvent cleaning VOC limits, remove an inappropriate exemption for 
sources covered by a National Emission Standards for Hazardous Air 
Pollutants (NESHAP) standard, and to add several housekeeping updates. 
Rule 74.6.1 was revised to include more stringent requirements for 
alternative cleaning systems, recordkeeping, and test methods; to 
remove an inappropriate exemption for sources covered by a NESHAP 
standard, and to add several housekeeping updates. 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 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 VCAPCD regulates an ozone nonattainment 
area classified as a Serious nonattainment area for the 2008 and 2015 
8-hour ozone national ambient air quality standards (40 CFR 81.305). 
Therefore, these rules 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 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 
District revised Rule 74.6 to contain more stringent solvent cleaning 
VOC limits and to remove an inappropriate exemption for sources covered 
by a NESHAP standard. Rule 74.6.1 was revised to include more stringent 
requirements for alternative cleaning systems, recordkeeping, and test 
methods, and to remove an inappropriate exemption for sources covered 
by a NESHAP standard. The TSD has more information on our evaluation.

C. The EPA's Recommendations To Further Improve the Rules

    We recommend that the District revise Rule 74.6 to contain 
consistent record retention requirements of at least five years in all 
applicable provisions of the rule. 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 November 29, 2021.

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 VCAPCD 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 persons 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);

[[Page 59684]]

     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.
    Authority: 42 U.S.C. 7401 et seq.

    Dated: October 23, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-23538 Filed 10-27-21; 8:45 am]
BILLING CODE 6560-50-P
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