Proposed Rule2022-26763
Air Plan Approval; California; Yolo-Solano 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
December 13, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing an approval of a revision to the Yolo-Solano Air Quality Management District (YSAQMD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOCs) from solvent cleaning and degreasing operations. We are proposing action on a local rule that regulates 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
<html>
<head>
<title>Federal Register, Volume 87 Issue 238 (Tuesday, December 13, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 238 (Tuesday, December 13, 2022)]
[Proposed Rules]
[Pages 76171-76173]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26763]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0795; FRL-10217-01-R9]
Air Plan Approval; California; Yolo-Solano Air Quality Management
District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing an
approval of a revision to the Yolo-Solano Air Quality Management
District (YSAQMD) portion of the California State Implementation Plan
(SIP). This revision concerns emissions of volatile organic compounds
(VOCs) from solvent cleaning and degreasing operations. We are
proposing action on a local rule that regulates 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 January 12, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0795 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
[[Page 76172]]
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section.
FOR FURTHER INFORMATION CONTACT: Arnold Lazarus, EPA Region IX, (415)
972-3024, <a href="/cdn-cgi/l/email-protection#caa6abb0abb8bfb9e4abb8a4a5a6ae8aafbaabe4ada5bc"><span class="__cf_email__" data-cfemail="b8d4d9c2d9cacdcb96d9cad6d7d4dcf8ddc8d996dfd7ce">[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 rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted rule revision?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule?
B. Does the rule meet the evaluation criteria?
C. Proposed Action and Public Comment
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rule did the State submit?
Table 1 lists the rule addressed by this proposal with the date
that it was adopted by the local air agency and submitted by the
California Air Resources Board (CARB).
Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Revised Submitted
----------------------------------------------------------------------------------------------------------------
YSAQMD............................ 2.31 Solvent Cleaning and 07/14/2021 07/18/22
Degreasing.
----------------------------------------------------------------------------------------------------------------
On September 30, 2022, the submittal for YSAQMD Rule 2.31 was
determined 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 this rule?
There is a previous version of Rule 2.31 in the SIP, revised on
April 12, 2017, submitted to us by CARB on August 9, 2017, and
finalized with a limited approval and limited disapproval into the SIP
on July 30, 2021 (86 FR 40959). If we take final action to approve the
July 18, 2022 version of Rule 2.31, this version will replace the
previously approved version of this rule in the SIP.
C. What is the purpose of the submitted rule revision?
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 emissions of VOCs. The purpose of Rule 2.31 is to limit the
emissions of VOCs from solvent cleaning operations and solvent
degreasing operations, and from the storage and disposal of materials
used for such operations. The EPA's technical support document (TSD)
has more information about this rule.
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule?
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 YSAQMD regulates an ozone nonattainment
area classified as Severe nonattainment for the 2008 and 1997 8-hour
ozone National Ambient Air Quality Standards (NAAQS); \1\ and Moderate
nonattainment for the 2015 8-hour ozone NAAQS.\2\ Therefore, this rule
must implement RACT.
---------------------------------------------------------------------------
\1\ (40 CFR 81.305).
\2\ Id.
---------------------------------------------------------------------------
Guidance and policy documents that we use 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 Technique Guidelines for Industrial Cleaning
Solvents'' EPA-453/R-06-001, September 2006.
6. ``Control of Volatile Organic Compound Emissions from Coating
Operations at Aerospace manufacturing and Rework Operations'' EPA-453/
R-97-004, December 1997.
7. ``Control Technique Guidelines for Flexible Package Printing''
EPA 453/R-06-003, September 2006.
B. Does the rule meet the evaluation criteria?
Rule 2.31 improves the SIP by eliminating an exemption that was not
approvable. The rule is largely consistent with CAA requirements and
with relevant guidance regarding enforceability and SIP revisions. The
EPA's TSD has more information regarding the EPA's analysis of this
rule.
C. Proposed Action and Public Comment
As authorized in sections 110(k)(3) and 301(a) of the Act, the EPA
is proposing a full approval of the submitted rule. We will accept
comments from the public on this proposal until January 12, 2023. If
finalized, this action would incorporate the submitted rule into the
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 the YSAQMD Rule 2.31, which regulates VOC emissions from
solvent cleaning and degreasing operations. The EPA has made, and will
continue to make, these materials 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).
IV. Statutory and Executive Order Reviews
Under the CAA, 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).
[[Page 76173]]
Thus, in reviewing SIP submissions, the EPA's role is to approve State
choices, provided that they meet the criteria of the CAA. 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.);
<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 CAA; and
<bullet> The State did not evaluate environmental justice
considerations as part of its SIP submittal. There is no information in
the record inconsistent with the stated goals of E.O. 12898 of
achieving environmental justice for people of color, low-income
populations, and indigenous peoples.
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 proposed 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: December 4, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-26763 Filed 12-12-22; 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 December 13, 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.