Proposed Rule2021-17957
Air Plan Approval; California; South Coast Air Quality Management District
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 24, 2021
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 161 (Tuesday, August 24, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
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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 <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: Arnold Lazarus, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3024 or by
email at <a href="/cdn-cgi/l/email-protection#1458756e756661673a55667a7b7870547164753a737b62"><span class="__cf_email__" data-cfemail="511d302b302324227f10233f3e3d35113421307f363e27">[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 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
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Local agency Rule # Rule title Amended Rescinded Submitted
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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
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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.
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\3\ 61 FR 44050 (August 27, 1996).
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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 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 <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.);
[[Page 47270]]
<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).
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
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