Rule2022-09726
Air Plan Approval; California; Mojave Desert Air Quality Management District, Placer 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
May 9, 2022
Effective
June 8, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Mojave Desert Air Quality Management District (MDAQMD) and the Placer County Air Pollution Control District (PCAPCD) portions of the California State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOCs) from metal coating operations and general regulatory definitions. We are also finalizing the rescission of South Coast Air Quality Management District (SCAQMD) Rule 1107, Coating of Metal Parts and Products, as it applies to the Riverside County portion of the MDAQMD. We are approving these revisions, including local rules and a rescission, under the Clean Air Act (CAA or the Act).
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 89 (Monday, May 9, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 89 (Monday, May 9, 2022)]
[Rules and Regulations]
[Pages 27526-27528]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09726]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2020-0573; FRL-9453-01-R9]
Air Plan Approval; California; Mojave Desert Air Quality
Management District, Placer County Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Mojave Desert Air Quality Management
District (MDAQMD) and the Placer County Air Pollution Control District
(PCAPCD) portions of the California State Implementation Plan (SIP).
These revisions concern emissions of volatile organic compounds (VOCs)
from metal coating operations and general regulatory definitions. We
are also finalizing the rescission of South Coast Air Quality
Management District (SCAQMD) Rule 1107, Coating of Metal Parts and
Products, as it applies to the Riverside County portion of the MDAQMD.
We are approving these revisions, including local rules and a
rescission, under the Clean Air Act (CAA or the Act).
DATES: This rule is effective on June 8, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2020-0573. 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 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: 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#79151803180b0c0a57180b1716151d391c0918571e160f"><span class="__cf_email__" data-cfemail="076b667d6675727429667569686b634762776629606871">[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 May 20, 2021,\1\ the EPA proposed to approve the following rules
into the California SIP.
---------------------------------------------------------------------------
\1\ 86 FR 27344.
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
MDAQMD....................... 1115 Metal Parts & June 8, 2020............ July 24, 2020.
Products
Coating
Operations.
PCAPCD....................... 102 Definitions..... June 11, 2020........... July 24, 2020.
----------------------------------------------------------------------------------------------------------------
We proposed to approve these rules because we determined that they
comply with the relevant CAA requirements.
In addition to replacing the previous versions of the submitted
rules listed in Table 1, the EPA proposed to rescind South Coast Air
Quality Management District (SCAQMD) Rule 1107, Coating of Metal Parts
and Products, as it applies to the Riverside County portion of the
MDAQMD, as requested by the California Air Resources Board (CARB).\2\
---------------------------------------------------------------------------
\2\ CARB's rescission request cites to four Code of Federal
Regulations (CFR) provisions for SCAQMD Rule 1107; however, since
three of the CFR provisions are previous versions of the Rule that
were replaced by more recent versions, and are therefore no longer
in the SIP, EPA is interpreting this as a request to remove the
latest (and only) version of SCAQMD Rule 1107 applicable in the
Riverside County portion of the MDAQMD, namely, the version
submitted on May 13, 1993, and listed at 40 CFR
52.220(c)(193)(i)(A)(1).
---------------------------------------------------------------------------
In our May 20, 2021 proposal, the EPA also proposed to approve
revisions to SCAQMD Rule 1107; however, we are not finalizing that
action at this time. 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.
We received three comments during this period, and each one was
supportive of this proposed action.
III. EPA Action
No comments were submitted that change our assessment of the rules
and rule rescission discussed above and as described in our proposed
action. Therefore, as authorized in section 110(k)(3) of the Act, the
EPA is fully approving these rules and rule rescission into the
California SIP
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In
[[Page 27527]]
accordance with requirements of 1 CFR 51.5, the EPA is finalizing the
incorporation by reference of the MDAQMD and the PCAPCD rules described
in section I. of this preamble and set forth below in the amendments to
40 CFR part 52. 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 appropriate circuit by July 8, 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, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: April 29, 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)(193)(i)(A)(4),
(c)(419)(i)(B)(2), (c)(518)(i)(A)(6), and (c)(571) to read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(193) * * *
(i) * * *
(A) * * *
(4) Previously approved on February 1, 1984 in paragraph
(c)(193)(i)(A)(1) of this section and now deleted without replacement
for implementation in the Mojave Desert Air Quality Management District
(Riverside County), Rule 1107.
* * * * *
(419) * * *
(i) * * *
(B) * * *
(2) Previously approved on January 31, 2013 in paragraph
(c)(419)(i)(B)(1) of this section and now deleted with replacement in
(c)(571)(i)(B)(1), Rule 102, ``Definitions,'' amended February 9, 2012.
* * * * *
(518) * * *
(i) * * *
(A) * * *
(6) Previously approved on February 27, 2020 in paragraph
(c)(518)(i)(A)(2) of this section and now deleted with replacement in
(c)(571)(i)(A)(1), Rule 1115, ``Metal Parts and Products Coating
Operations,'' amended on January 22, 2018.
* * * * *
(571) Amended regulations for the following APCDs were submitted on
July 24, 2020 by the Governor's designee as an attachment to a letter
dated July 23, 2020.
(i) Incorporation by reference.
(A) Mojave Desert Air Quality Management District.
(1) Rule 1115, ``Metal Parts and Products Coating Operations,''
amended on June 8, 2020.
[[Page 27528]]
(2) [Reserved]
(B) Placer County Air Pollution Control District.
(1) Rule 102, ``Definitions,'' amended on June 11, 2020.
(2) [Reserved]
(ii) [Reserved]
[FR Doc. 2022-09726 Filed 5-6-22; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 9, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.