Proposed Rule2021-16665
Air Plan Approval; California; San Diego Air Pollution Control District
Primary source
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Published
August 10, 2021
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 151 (Tuesday, August 10, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. For comments submitted at
<a href="http://Regulations.gov">Regulations.gov</a>, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. 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 <a href="/cdn-cgi/l/email-protection#ed9e8e859a8c9f9997c39f828f889f99ad889d8cc38a829b"><span class="__cf_email__" data-cfemail="7201111a05130006085c001d10170006321702135c151d04">[email protected]</span></a>.
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
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Revised and
Local agency Rule # Rule title adopted Submitted
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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.
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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).
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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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