Proposed Rule2021-23538
Air Plan Approval; California; Ventura County Air Pollution Control District
Primary source
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Published
October 28, 2021
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 206 (Thursday, October 28, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23538]
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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.
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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 <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 or Doris Lo, EPA
Region IX, 75 Hawthorne St., San Francisco, CA 94105. By phone: (415)
972-3959 or by email at <a href="/cdn-cgi/l/email-protection#3b5754155f544952487b5e4b5a155c544d"><span class="__cf_email__" data-cfemail="513d3e7f353e233822113421307f363e27">[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).
[[Page 59683]]
Table 1--Submitted Rules
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Revised and
Local agency Rule No. Rule title adopted Submitted
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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.
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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.
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\1\ 70 FR 61561.
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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 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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:
<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);
[[Page 59684]]
<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).
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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