Rule2022-03689
Air Plan Approval; California; Ventura County Air Pollution Control 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
February 24, 2022
Effective
March 28, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action 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 approving changes to SIP- approved local rules to regulate these emission sources under the Clean Air Act (CAA or the Act).
Full Text
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<title>Federal Register, Volume 87 Issue 37 (Thursday, February 24, 2022)</title>
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[Federal Register Volume 87, Number 37 (Thursday, February 24, 2022)]
[Rules and Regulations]
[Pages 10311-10313]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03689]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0620; FRL-9188-02-R9]
Air Plan Approval; California; Ventura County Air Pollution
Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action 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 approving changes to SIP-
approved local rules to regulate these emission sources under the Clean
Air Act (CAA or the Act).
DATES: Effective on March 28, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2021-0620. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly
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available, e.g., Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information. 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: La Kenya Evans, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3245 or by
email at <a href="/cdn-cgi/l/email-protection#3f5a495e514c11535e545a51465e7f5a4f5e11585049"><span class="__cf_email__" data-cfemail="147162757a673a78757f717a6d75547164753a737b62">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On October 27, 2021 (86 FR 11130), the EPA proposed to approve the
following rules into the California SIP.
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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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We proposed to approve these rules because we determined that they
comply with the relevant CAA requirements. Our proposed action contains
more information on the rules and our evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.
III. EPA Action
No comments were submitted. Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully approving these rules into the
California SIP. The November 10, 2020 versions of Rule 74.6 and Rule
74.6.1 will replace the previously approved versions of these rules in
the SIP.\1\
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\1\ 70 FR 61561 (October 25, 2005).
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IV. Incorporation by Reference
In these rules, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Ventura County Air Pollution Control District rules described in the
amendments to 40 CFR part 52 set forth below. The EPA has made, and
will continue to make, these documents available through
<a href="http://www.regulations.gov">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).
V. 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 action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this 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, as appropriate, disproportionate human health or
environmental effects, using practicable 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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the
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appropriate circuit by April 25, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
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.
Dated: February 15, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the Environmental
Protection Agency amends part 52, chapter I, title 40 of the Code of
Federal Regulations as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(336)(i)(B)(2) and
(3) and (c)(569) to read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(336) * * *
(i) * * *
(B) * * *
(2) Previously approved on October 25, 2005, in paragraph
(c)(336)(i)(B)(1) of this section and now deleted with replacement in
(c)(569)(i)(A)(1), Rule 47.6 adopted on November 11, 2003.
(3) Previously approved on October 25, 2005, in paragraph
(c)(336)(i)(B)(1) of this section and now deleted with replacement in
(c)(569)(i)(A)(2), Rule 47.6.1 adopted on November 11, 2003.
* * * * *
(569) Amended regulations for the following APCDs were submitted on
July 26, 2021 by the Governor's designee.
(i) Incorporation by reference.
(A) Ventura County Air Pollution Control District
(1) Rule 74.6 ``Surface Cleaning and Degreasing,'' revised on
November 10, 2020.
(2) Rule 74.6.1 ``Batch Loaded Vapor Degreasers,'' amended on
November 10, 2020.
(B) [Reserved]
(ii) [Reserved]
[FR Doc. 2022-03689 Filed 2-23-22; 8:45 am]
BILLING CODE 6560-50-P
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