Proposed Rule2022-17935
Air Plan Revisions; California; South Coast Air Quality Management District
Primary source
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Published
August 22, 2022
Effective
August 22, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing a limited approval and limited disapproval of two revised rules and an approval of a rule recission 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 and the coating of metals. The EPA previously proposed to fully approve these SIP revisions on the grounds that they satisfied the relevant requirements under the Clean Air Act (CAA or the Act). After the comment periods, the EPA identified a deficiency in the submittals that warrants a limited disapproval. Therefore, we are withdrawing our previously proposed approvals of these SIP revisions as they pertain to these rules, published in the Federal Register on May 20, 2021, and August 24, 2021, and now propose a limited approval and limited disapproval for these revisions into the California SIP.
Full Text
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<title>Federal Register, Volume 87 Issue 161 (Monday, August 22, 2022)</title>
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[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Proposed Rules]
[Pages 51300-51303]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17935]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0373; FRL-9765-01-R9]
Air Plan Revisions; California; South Coast Air Quality
Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; partial withdrawal of proposed rule; withdrawal
of proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing a
limited approval and limited disapproval of two revised rules and an
approval of a rule recission 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 and the
coating of metals. The EPA previously proposed to fully approve these
SIP revisions on the grounds that they satisfied the relevant
requirements under the Clean Air Act (CAA or the Act). After the
comment periods, the EPA identified a deficiency in the submittals that
warrants a limited disapproval. Therefore, we are withdrawing our
previously proposed approvals of these SIP revisions as they pertain to
these rules, published in the Federal Register on May 20, 2021, and
August 24, 2021, and now propose a limited approval and limited
disapproval for these revisions into the California SIP.
DATES: As of August 22, 2022, the proposed approval of Rule 1107 in the
proposed rule published on May 20, 2021 (86 FR 27344), and and the
proposed rule published on August 24, 2021 (86 FR 47268), are
withdrawn. Comments on this proposed limited approval and limited
disapproval and approval must be received on or before September 21,
2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0373 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#8ac6ebf0ebf8fff9a4cbf8e4e5e6eecaeffaeba4ede5fc"><span class="__cf_email__" data-cfemail="4509243f243730366b04372b2a2921052035246b222a33">[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 and rule rescission did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted rules and rule
rescission?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules and rule rescission?
B. Do the rules meet the evaluation criteria?
C. What are the rule deficiencies?
D. EPA Recommendations To Further Improve the Rules
E. Proposed Action and Public Comment
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
[[Page 51301]]
I. The State's Submittal
A. What rules and rule rescission did the State submit?
Table 1 lists the rule revisions addressed by this proposal with
the dates that they were amended or rescinded by the local air agency
and submitted by the California Air Resources Board (CARB) to the EPA.
Table 1--Submitted Rules
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Local Agency Rule No. Rule title Amended Rescinded Submitted
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SCAQMD........................ 1106 Marine and 5/3/2019 .............. 2/19/2020
Pleasure Craft
Coatings.
SCAQMD........................ 1106.1 Pleasure Craft .............. 5/3/2019 2/19/2020
Coating
Operations.
SCAQMD........................ 1107 Coating of Metal 2/7/2020 .............. 7/24/2020
Parts and
Products.
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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.
On November 24, 2020, the EPA determined that the submittal for
SCAQMD Rule 1107 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 an earlier version of SCAQMD Rule 1106 into the SIP on
July 14, 1995 (60 FR 36227), and we approved SCAQMD Rule 1106.1 into
the SIP on August 31, 1999 (64 FR 47392). The SCAQMD adopted revisions
to the SIP-approved versions of these rules on May 3, 2019, and CARB
submitted them to us on February 19, 2020.
We approved an earlier version of SCAQMD Rule 1107 into the SIP on
November 24, 2008 (73 FR 70883). The SCAQMD adopted revisions to the
SIP-approved version of this rule on February 7, 2020, and CARB
submitted them to us on July 24, 2020.
C. What is the purpose of the submitted rules 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 or requires any other person to use a marine
coating. 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, work practices, test methods and
administrative aspects in Rule 1106.1 are now covered by Rule 1106.
Rule 1107 regulates VOC emissions from all metal coating
operations. Rule 1107 was required to be updated in order to meet
current reasonably available control technology (RACT) for sources
covered by the 2008 Control Techniques Guidelines (CTG) for
Miscellaneous Metal and Plastic Parts Coatings (MMPP). For example, the
rule revision lowers its exemption requirement from 10 tons per year of
potential emissions of VOC to the MMPP CTG specified total actual 2.7
tons of VOC per 12 month rolling period, per facility, as specified by
the MMPP CTG.\1\
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\1\ ``Control Techniques Guidelines Miscellaneous Metal and
Plastic Parts Coatings'' (EPA-453/R-08-003, September 2008), page 3.
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The EPA's technical support documents (TSD) have more information
about the rules and rule rescission.
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules 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 RACT for each category of sources
covered by a 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'' (61 FR 44050, August 27, 1996), and ``Control Techniques
Guidelines Miscellaneous Metal and Plastic Parts Coatings'' (EPA-453/R-
08-003, September 2008). Rule 1107 is covered by ``Control Techniques:
Guidelines for Miscellaneous Metals and Plastic Parts Coatings'' (EPA-
453/R-08-003, September 2008) and ``Control of Volatile Organic
Emissions from Existing Stationary Sources--Volume VI: Surface Coating
of Miscellaneous Metal Parts and Products'' (EPA-450/2-78-15, June
1978). Therefore, both 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 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 Miscellaneous Metal and
Plastic Parts Coatings'' (EPA-453/R-08-003, September 2008).
7. ``Control of Volatile Organic Emissions from Existing
Stationary Sources--Volume VI: Surface Coating of Miscellaneous
Metal Parts and Products'' (EPA-450/2-78-15, June 1978).
[[Page 51302]]
B. Do the rules and rule rescission meet the evaluation criteria?
Rule 1106 improves the SIP by establishing more stringent emission
limits on some coating categories, clarifying monitoring, recording and
recordkeeping provisions. The rule is largely consistent with CAA
requirements and relevant guidance regarding enforceability, and SIP
revisions.
Rule 1107 improves the SIP by establishing more stringent emission
limits on some coating categories, clarifying monitoring, recording and
recordkeeping provisions. The rule is largely consistent with CAA
requirements and relevant guidance regarding enforceability, and SIP
revisions.
The rescission of Rule 1106.1 prevents redundancy in the SIP
because the requirements of Rule 1106.1 were added to Rule 1106 in
order to make one rule that covered all aspects of Marine and Pleasure
Craft Coatings.
Rule provisions which do not meet the evaluation criteria are
summarized below and discussed further in the TSD.
C. What are the rule deficiencies?
The following provisions in Rules 1106 and 1107 include references
to a test method, ASTM D7767-11 (2018)--``Standard Test Method to
Measure Volatiles from Radiation Curable Acrylate Monomers, Oligomers
and Blends and Thin Coatings Made from Them,'' which is not approved by
the EPA and therefore cannot be used to enforce a SIP approved rule.
Thus, these provisions do not satisfy the requirements of section 110
and part D of the Act and prevent full approval of the rules.
Rule 1106, Marine and Pleasure Craft Coatings:
1. Section (c)(9) Definitions:``Energy Curable Coatings.''
2. Section (i)(1) Exemption: ``Energy Curable Coatings.''
Rule 1107, Coating of Metal Parts and Products:
1. Section (b)(15) Definition: ``Energy Curing Coatings.''
2. Section (e)(1)(C) Methods of Analysis: Determination of VOC
Content: Thin Film Energy Curable.
D. EPA Recommendations To Further Improve the Rules
The relevant TSD includes recommendations to further improve Rule
1106 including:
1. Section (d) Requirements, Table of Standards, ``Metallic Heat
Resistant Coating,'' is not in the 1996 Marine Coatings CTG. We
suggest that it be removed.
2. Section (d) Requirements, Table of Standards, ``Elastomeric
Adhesives,'' is not in the 1996 Marine Coatings CTG. We suggest that
it be removed.
E. Proposed Action and Public Comment
As authorized in sections 110(k)(3) and 301(a) of the Act, the EPA
is proposing a limited approval and limited disapproval of Rules 1106
and 1107 and an approval of the recission of Rule 1106.1.
Simultaneously, the EPA is withdrawing its August 24, 2021 proposed
approval of Rule 1106 and rescission of Rule 1106.1 and its May 24,
2021 proposed approval of Rule 1107 based on the deficiencies described
above. We will accept comments from the public on this proposal until
September 21, 2022. If finalized, this action would incorporate the
submitted rules into the SIP, including those provisions identified as
deficient. This approval is limited because the EPA is simultaneously
proposing a limited disapproval of the rules under section 110(k)(3).
If we finalize these limited disapprovals, CAA section 110(c) would
require the EPA to promulgate a federal implementation plan within 24
months unless we approve subsequent SIP revisions that correct the
deficiencies identified in the final approval.
Additionally, a final disapproval would trigger the offset sanction
in CAA section 179(b)(2) 18 months after the effective date of a final
disapproval, and the highway funding sanction in CAA section 179(b)(1)
six months after the offset sanction is imposed. A sanction will not be
imposed if the EPA determines that a subsequent SIP submission corrects
the deficiencies identified in our final action before the applicable
deadline.
Note that the submitted rules have been adopted by the SCAQMD, and
the EPA's final limited disapproval would not prevent the local
agencies from enforcing them. The limited disapprovals also would not
prevent any portion of the rules from being incorporated by reference
into the federally enforceable SIP, as discussed in a July 9, 1992 EPA
memo on processing SIP submittals.\2\
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\2\ See Processing of State Implementation Plan (SIP) Submittals
Memorandum from John Calgani, Director Air Quality Management
Division, to EPA Regional Offices, July 9, 1992.
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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 SCAQMD Rule 1106, rescission of SCAQMD Rule 1106.1 and SCAQMD
Rule 1107 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
Additional information about these statutes and Executive orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
state, local, or tribal governments, or to the private sector, will
result from this action.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the National Government and the states, or on the distribution of power
and responsibilities among the various levels of government.
[[Page 51303]]
F. Executive Order 13175: Coordination With Indian Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, because 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, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive order. This action is not subject to
Executive Order 13045 because it does not impose additional
requirements beyond those imposed by state law.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Population
The EPA lacks the discretionary authority to address environmental
justice in this rulemaking.
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 15, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-17935 Filed 8-19-22; 8:45 am]
BILLING CODE 6560-50-P
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