Rule2023-04392
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
March 6, 2023
Effective
April 5, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Ventura County Air Pollution Control District (VCAPCD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOCs) from architectural coating operations. We are approving a local rule to regulate these emission sources under the Clean Air Act (CAA or the Act). Approval of the local rule as part of the California SIP makes it federally enforceable.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 43 (Monday, March 6, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Rules and Regulations]
[Pages 13713-13715]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04392]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0837; FRL-10294-02-09]
Air Plan Approval; California; Ventura 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 a revision to the Ventura County Air Pollution
Control District (VCAPCD) portion of the California State
Implementation Plan (SIP). This revision concerns emissions of volatile
organic compounds (VOCs) from architectural coating operations. We are
approving a local rule to regulate these emission sources under the
Clean Air Act (CAA or the Act). Approval of the local rule as part of
the California SIP makes it federally enforceable.
DATES: This rule is effective on April 5, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R09-OAR-2022-0837. 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) 972-3204 or by
email at <a href="/cdn-cgi/l/email-protection#89e5e8f3e8fbfcfaa7e8fbe7e6e5edc9ecf9e8a7eee6ff"><span class="__cf_email__" data-cfemail="78141902190a0d0b56190a1617141c381d0819561f170e">[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 November 15, 2022 (87 FR 68410), the EPA proposed to approve the
following revised rule into the California SIP.
Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Revised Submitted
----------------------------------------------------------------------------------------------------------------
VCAPCD............................ 74.2 Architectural Coatings...... 11/10/2020 7/26/2021
----------------------------------------------------------------------------------------------------------------
[[Page 13714]]
We proposed to approve this revised rule because we determined that
it complies with the relevant CAA requirements. More specifically, we
evaluated the revised rule and determined that it remains enforceable,
that it implements reasonably available control measure (RACM)-level
controls, and that it would not interfere with any applicable
requirement concerning attainment or reasonable further progress (RFP)
or any other requirement of the CAA. Our November 15, 2022 proposed
rule 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
Pursuant to section 110(k)(3) of the CAA, and for the reasons
provided in our November 15, 2022 proposed rule and summarized above,
the EPA is fully approving the amended VCAPCD architectural coatings
rule into the California SIP. Upon the effective date of this final
rule, the November 10, 2020 version of VCAPCD Rule 74.2 will replace
the previously approved version of the rule 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 VCAPCD
Rule 74.2, ``Architectural Coatings,'' revised on November 10, 2020,
which regulates VOC emissions 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
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 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
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); and
<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.
In addition, 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 Executive Order 12898
(59 FR 7629, February 16, 1994) of achieving environmental justice for
people of color, low-income populations, and indigenous peoples.
Lastly, 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 May 5, 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.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 23, 2023.
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)(381)(i)(C)(3) and
(c)(569)(i)(A)(3) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(381) * * *
(i) * * *
(C) * * *
(3) Previously approved on July 6, 2011, in paragraph
(c)(381)(i)(C)(2) of this section and now deleted with replacement in
paragraph
[[Page 13715]]
(c)(569)(i)(A)(3) of this section, Rule 74.2, ``Architectural
Coatings,'' amended on January 12, 2010.
* * * * *
(569) * * *
(i) * * *
(A) * * *
(3) Rule 74.2, ``Architectural Coatings,'' revised on November 10,
2020.
* * * * *
[FR Doc. 2023-04392 Filed 3-3-23; 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 March 6, 2023.
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.