Rule2022-27723
Air Plan Approval; California; San Diego County Air Pollution Control District; San Joaquin Valley Unified 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
December 22, 2022
Effective
January 23, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve revisions to the San Diego County Air Pollution Control District (SDCAPCD) and San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portions of the California State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOC) from architectural coating operations. We are approving local rules that 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 245 (Thursday, December 22, 2022)</title>
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[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Rules and Regulations]
[Pages 78544-78545]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27723]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0318; FRL-10004-02-R9]
Air Plan Approval; California; San Diego County Air Pollution
Control District; San Joaquin Valley Unified 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 San Diego County Air Pollution
Control District (SDCAPCD) and San Joaquin Valley Unified Air Pollution
Control District (SJVUAPCD) portions of the California State
Implementation Plan (SIP). These revisions concern emissions of
volatile organic compounds (VOC) from architectural coating operations.
We are approving local rules that regulate these emission sources under
the Clean Air Act (CAA or the Act).
DATES: These rules is effective January 23, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2021-0318. 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#c1ada0bba0b3b4b2efa0b3afaeada581a4b1a0efa6aeb7"><span class="__cf_email__" data-cfemail="80ece1fae1f2f5f3aee1f2eeefece4c0e5f0e1aee7eff6">[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 September 19, 2022 (87 FR 57161), the EPA proposed to approve
the following amended rules into the California SIP.
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Local agency Rule # Rule title Adopted/amended/revised Submitted
----------------------------------------------------------------------------------------------------------------
SDCAPCD................ 67.0.1 Architectural 2/10/2021 (effective for 4/20/2021, as an
Coatings. state law purposes on 1/ attachment to a letter
1/2022). dated 4/16/2021.
SJVUAPCD............... 4601 Architectural 4/16/2020 (effective upon 4/23/2020, as an
Coatings. adoption but the new or attachment to a letter
revised VOC content of the same date.
limits were effective 1/
1/2022).
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We proposed to approve these amended rules because we determined
that they comply with the relevant CAA requirements. More specifically,
we evaluated the amended rules and determined that they remain
enforceable, that they implement reasonably available control measure
(RACM)-level controls, and that they would not interfere with any
applicable requirement concerning attainment or reasonable further
progress (RFP) or any other requirement of the CAA. In our proposed
rule, we also evaluated the specific contingency measure provisions in
the rules (i.e., paragraph (b)(6) of SDCAPCD Rule 67.0.1 and section
4.3 of SJVUAPCD Rule 4601) and concluded that the provisions meet the
requirements for contingency measures under CAA sections 172(c)(9) and
182(c)(9). While we found that the rules meet the requirements for
stand-alone contingency measures, we indicated that we are not making
any determination at this time as to whether these individual
contingency measures are sufficient in themselves for their respective
nonattainment areas to fully comply with the contingency measure
requirements under CAA sections 172(c)(9) and 182(c)(9). As noted in
the proposed rule, we will be taking action on the contingency measure
SIP elements for San Diego County and San Joaquin Valley in separate
rulemakings. 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 one germane comment, and that one
comment was supportive of the proposed action.
III. EPA Action
No comments were submitted that change our assessment of the rules
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the CAA, the EPA is fully approving these rules
into the California SIP. Upon the effective date of this final rule,
the February 10, 2021 version of SDCAPCD Rule 67.0.1 and the April 16,
2020 version of SJVUAPCD Rule 4601 will replace the previously approved
versions of these rules in the California SIP.
IV. Incorporation by Reference
In this rule, 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
SDCAPCD and SJVUAPCD rules identified in section I. of this preamble.
These rules concern emissions of VOC from architectural coating
operations. 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
[[Page 78545]]
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 (Public Law 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> 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 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 February 21, 2023. 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: December 14, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended 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)(379)(i)(C)(9),
(c)(472)(i)(C)(2), and (c)(565)(i)(A)(3), reserved paragraph (c)(591),
and paragraph (c)(592) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(379) * * *
(i) * * *
(C) * * *
(9) Previously approved on November 8, 2011, in paragraph
(c)(379)(i)(C)(6) of this section and now deleted with replacement in
paragraph (c)(592)(i)(A)(1) of this section, Rule 4601, ``Architectural
Coatings,'' amended on December 17, 2009.
* * * * *
(472) * * *
(i) * * *
(C) * * *
(2) Previously approved on October 4, 2016, in paragraph
(c)(472)(i)(C)(1) of this section and now deleted with replacement in
paragraph (c)(565)(i)(A)(3) of this section, Rule 67.0.1,
``Architectural Coatings,'' adopted on June 24, 2015.
* * * * *
(565) * * *
(i) * * *
(A) * * *
(3) Rule 67.0.1, ``Architectural Coatings,'' rev. adopted on
February 10, 2021.
* * * * *
(591) [Reserved]
(592) The following regulation was submitted on April 23, 2020, by
the Governor's designee, as an attachment to a letter dated April 23,
2020.
(i) Incorporation by reference.
(A) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4601, ``Architectural Coatings,'' amended on April 16,
2020.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
* * * * *
[FR Doc. 2022-27723 Filed 12-21-22; 8:45 am]
BILLING CODE 6560-50-P
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