83 FR 11944 - Approval of California Air Plan Revisions, Antelope Valley Air Quality Management District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 53 (March 19, 2018)
Federal Register Volume 83, Issue 53 (March 19, 2018)
| Page Range | 11944-11946 | |
| FR Document | 2018-05286 |
[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)] [Proposed Rules] [Pages 11944-11946] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05286] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2017-0760; FRL-9975-61--Region 9] Approval of California Air Plan Revisions, Antelope Valley Air Quality Management District AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the Antelope Valley Air Quality Management District (AVAQMD) portion of the California [[Page 11945]] State Implementation Plan (SIP). This revision concerns the emissions of volatile organic compounds (VOCs) from motor vehicle assembly coating operations. We are proposing to approve a local rule to regulate 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: Any comments must arrive by April 18, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09- OAR-2017-0760 at http://www.regulations.gov, or via email to Arnold Lazarus, Rulemaking Office at lazarus.arnold@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be removed or edited from Regulations.gov. For either manner of submission, 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 http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Arnold Lazarus, EPA Region IX, (415) 972-3024, lazarus.arnold@epa.gov. 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? II. The EPA's Evaluation and Action A. How is the EPA evaluating the rule? B. Does the rule meet the evaluation criteria? C. Public Comment and Proposed Action 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 dates that it was adopted by the local air agency and submitted by the California Air Resources Board. Table 1--Submitted Rule ---------------------------------------------------------------------------------------------------------------- Local agency Rule No. Rule title Adopted Submitted ---------------------------------------------------------------------------------------------------------------- AVAQMD................................ 1151.1 Motor Vehicle Assembly 6/20/2017 8/9/2017 Coating Operations. ---------------------------------------------------------------------------------------------------------------- On February 9, 2018, the submittal for AVAQMD Rule 1151.1 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. B. Are there other versions of this rule? There are no previous versions of Rule 1151.1 in the SIP. Prior to July 1, 1997, the area regulated by the AVAQMD was contained within the South Coast Air Quality Management District (SCAQMD) boundaries. On July 1, 1997, the Antelope Valley Air Pollution Control District (AVAPCD) was created and took over responsibilities for the jurisdiction of the Los Angeles County portion of the Mojave Desert Air Basin. Rules and regulations of the SCAQMD were retained until the AVAPCD Governing Board adopted, rescinded or amended these rules. Therefore, SCAQMD Rule 1115, ``Motor Vehicle Assembly Line Coating Operations,'' adopted by SCAQMD in May 1995 and approved by the EPA in July 1995, became part of the AVAPCD SIP in July 1997. The AVAPCD subsequently rescinded SCAQMD Rule 1115 within its borders, and submitted a negative declaration to the EPA stating that no sources within its jurisdiction were covered by the rule.\1\ The AVAQMD was created to replace the AVAPCD in 2002. On June 20, 2017, the AVAQMD adopted Rule 1151.1, ``Motor Vehicle Assembly Coating Operations,'' because it now has a facility that builds and paints new, heavy duty vehicles. --------------------------------------------------------------------------- \1\ 65 FR 31267 (May 17, 2000). --------------------------------------------------------------------------- C. What is the purpose of the submitted rule? VOCs contribute to the production of ground-level ozone, smog and particulate matter (PM), which harm human health and the environment. Section 110(a) of the CAA requires states to submit regulations that control VOC emissions. Rule 1151.1 was adopted to limit VOC emissions from all aspects of motor vehicle assembly coating 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? SIP rules 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). Additionally, 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 AVAQMD regulates an ozone nonattainment area classified as Severe-15 for the 2008 8-hour ozone national ambient air quality standards (40 CFR 81.305). In addition, Rule 1151.1 regulates activities covered by a CTG: ``Control Techniques Guidelines for Automobile and Light-Duty Truck Assembly Coatings'' (EPA-453/R-08- 006, September 2008). Therefore, this rule must implement RACT. Guidance and policy documents that we used to evaluate enforceability and rule stringency 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,'' [[Page 11946]] 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 Automobile and Light-Duty Truck Assembly Coatings,'' (EPA-453/R-08-006, September 2008). B. Does the rule meet the evaluation criteria? This rule is consistent with CAA requirements and relevant guidance regarding enforceability, RACT, and SIP revisions. The TSD has more information on our evaluation. C. Public Comment and Proposed Action As authorized in section 110(k)(3) of the Act, the EPA proposes to fully approve the submitted rule because it fulfills all relevant requirements. We will accept comments from the public on this proposal until April 18, 2018. If we take final action to approve the submitted rule, our final action will incorporate this rule into the federally enforceable 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 AVAQMD rule described in Table 1 of this preamble. The EPA has made, and will continue to make, these materials available through www.regulations.gov 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 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 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: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); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); 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.); 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); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); 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 Does not provide the EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, 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). 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: March 2, 2018. Alexis Strauss, Acting Regional Administrator, Region IX. [FR Doc. 2018-05286 Filed 3-16-18; 8:45 am] BILLING CODE 6560-50-P
![11944 Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Proposed Rules
TABLE 1—PROPOSED ACTION ON CONNECTICUT’S INFRASTRUCTURE SIP SUBMITTAL FOR THE 2012 PM2.5 NAAQS—
Continued
Element 2012 PM2.5
(I): Nonattainment area plan or plan revisions under part D .............................................................................................................. +
(J)1: Consultation with government officials ....................................................................................................................................... A
(J)2: Public notification ........................................................................................................................................................................ A
(J)3: PSD ............................................................................................................................................................................................. A
(J)4: Visibility protection ...................................................................................................................................................................... +
(K): Air quality modeling and data ...................................................................................................................................................... A
(L): Permitting fees .............................................................................................................................................................................. A
(M): Consultation and participation by affected local entities ............................................................................................................. A
In the above table, the key is as follows: A, Approve. NA, Not applicable. +, Not germane to infrastructure SIPs.
EPA also is proposing to approve the SIP submission that complies with the appropriate, disproportionate human
transport provisions (Element (D)1 in provisions of the Act and applicable health or environmental effects, using
Table 1) of Connecticut’s August 2011 Federal regulations. 42 U.S.C. 7410(k); practicable and legally permissible
infrastructure SIP submittal for the 2006 40 CFR 52.02(a). Thus, in reviewing SIP methods, under Executive Order 12898
PM2.5 NAAQS. In addition, EPA is submissions, EPA’s role is to approve (59 FR 7629, February 16, 1994).
proposing to approve, and incorporate state choices, provided that they meet In addition, the SIP is not approved
into the Connecticut SIP, the following the criteria of the Clean Air Act. to apply on any Indian reservation land
Connecticut statute, which was Accordingly, this proposed action or in any other area where EPA or an
included for approval in Connecticut’s merely approves state law as meeting Indian tribe has demonstrated that a
infrastructure SIP submittal: Federal requirements and does not tribe has jurisdiction. In those areas of
Revisions to CGS § 16a–21a, Sulfur impose additional requirements beyond Indian country, the rule does not have
content of home heating oil and off-road those imposed by state law. For that tribal implications and will not impose
diesel fuel. Suspension of requirements reason, this proposed action: substantial direct costs on tribal
for emergency, effective July 1, 2015. • Is not a significant regulatory action governments or preempt tribal law as
EPA is also proposing to approve subject to review by the Office of specified by Executive Order 13175 (65
revisions to the PSD permit program Management and Budget under FR 67249, November 9, 2000).
pertaining to treating NOX as a Executive Orders 12866 (58 FR 51735,
List of Subjects in 40 CFR Part 52
precursor to ozone and establishing a October 4, 1993) and 13563 (76 FR 3821,
minor source baseline date for PM2.5. January 21, 2011); Environmental protection, Air
EPA is soliciting public comments on • Does not impose an information pollution control, Carbon monoxide,
the issues discussed in this proposal or collection burden under the provisions Incorporation by reference,
on other relevant matters. These of the Paperwork Reduction Act (44 Intergovernmental relations, Lead,
comments will be considered before U.S.C. 3501 et seq.); Nitrogen dioxide, Ozone, Particulate
EPA takes final action. Interested parties • Is certified as not having a matter, Reporting and recordkeeping
may participate in the Federal significant economic impact on a requirements, Sulfur oxides, Volatile
rulemaking procedure by submitting substantial number of small entities organic compounds.
comments to this proposed rule by under the Regulatory Flexibility Act (5 Dated: March 8, 2018.
following the instructions listed in the U.S.C. 601 et seq.); Alexandra Dapolito Dunn,
ADDRESSES section of this Federal • Does not contain any unfunded
Regional Administrator, EPA Region 1.
Register. mandate or significantly or uniquely
[FR Doc. 2018–05318 Filed 3–16–18; 8:45 am]
affect small governments, as described
V. Incorporation by Reference in the Unfunded Mandates Reform Act BILLING CODE 6560–50–P
In this rule, EPA is proposing to of 1995 (Pub. L. 104–4);
include in a final EPA rule regulatory • Does not have Federalism
ENVIRONMENTAL PROTECTION
text that includes incorporation by implications as specified in Executive
AGENCY
reference. In accordance with Order 13132 (64 FR 43255, August 10,
requirements of 1 CFR 51.5, EPA is 1999); 40 CFR Part 52
proposing to incorporate by reference • Is not an economically significant
the Connecticut statute referenced in regulatory action based on health or [EPA–R09–OAR–2017–0760; FRL–9975–
Section IV above. The EPA has made, safety risks subject to Executive Order 61—Region 9]
and will continue to make, these 13045 (62 FR 19885, April 23, 1997);
Approval of California Air Plan
documents generally available • Is not a significant regulatory action
Revisions, Antelope Valley Air Quality
electronically through https:// subject to Executive Order 13211 (66 FR
Management District
www.regulations.gov and at the EPA 28355, May 22, 2001);
New England Region 1 Office (please • Is not subject to requirements of AGENCY: Environmental Protection
sradovich on DSK3GMQ082PROD with PROPOSALS
contact the person identified in the FOR Section 12(d) of the National Agency (EPA).
FURTHER INFORMATION CONTACT section of Technology Transfer and Advancement ACTION: Proposed rule.
this preamble for more information). Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would SUMMARY: The Environmental Protection
VI. Statutory and Executive Order be inconsistent with the Clean Air Act; Agency (EPA) is proposing to approve a
Reviews and revision to the Antelope Valley Air
Under the Clean Air Act, the • Does not provide EPA with the Quality Management District
Administrator is required to approve a discretionary authority to address, as (AVAQMD) portion of the California
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![11946 Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Proposed Rules
EPA, May 25, 1988 (the Bluebook, October 4, 1993) and 13563 (76 FR 3821, Dated: March 2, 2018.
revised January 11, 1990). January 21, 2011); Alexis Strauss,
3. ‘‘Guidance Document for Correcting
Common VOC & Other Rule • Is not an Executive Order 13771 (82 Acting Regional Administrator, Region IX.
Deficiencies,’’ EPA Region 9, August 21, FR 9339, February 2, 2017) regulatory [FR Doc. 2018–05286 Filed 3–16–18; 8:45 am]
2001 (the Little Bluebook). action because SIP approvals are BILLING CODE 6560–50–P
4. ‘‘Control Techniques Guidelines for exempted under Executive Order 12866;
Automobile and Light-Duty Truck • Does not impose an information
Assembly Coatings,’’ (EPA–453/R–08– ENVIRONMENTAL PROTECTION
collection burden under the provisions
006, September 2008). AGENCY
of the Paperwork Reduction Act (44
B. Does the rule meet the evaluation U.S.C. 3501 et seq.); 40 CFR Part 52
criteria? • Is certified as not having a [EPA–R08–OAR–2017–0672; FRL–9975–
This rule is consistent with CAA significant economic impact on a 47—Region 8]
requirements and relevant guidance substantial number of small entities
regarding enforceability, RACT, and SIP under the Regulatory Flexibility Act (5 Approval and Promulgation of
revisions. The TSD has more U.S.C. 601 et seq.); Implementation Plans; South Dakota;
information on our evaluation. • Does not contain any unfunded Regional Haze 5-Year Progress Report
C. Public Comment and Proposed mandate or significantly or uniquely State Implementation Plan
Action affect small governments, as described AGENCY: Environmental Protection
in the Unfunded Mandates Reform Act Agency (EPA).
As authorized in section 110(k)(3) of
of 1995 (Pub. L. 104–4); ACTION: Proposed rule.
the Act, the EPA proposes to fully
approve the submitted rule because it • Does not have Federalism
implications as specified in Executive SUMMARY: The Environmental Protection
fulfills all relevant requirements. We
Order 13132 (64 FR 43255, August 10, Agency (EPA) is proposing to approve
will accept comments from the public
1999); South Dakota’s regional haze progress
on this proposal until April 18, 2018. If
report, submitted as a revision to its
we take final action to approve the • Is not an economically significant
State Implementation Plan (SIP) by the
submitted rule, our final action will regulatory action based on health or
South Dakota Department of
incorporate this rule into the federally safety risks subject to Executive Order Environment and Natural Resources
enforceable SIP. 13045 (62 FR 19885, April 23, 1997); (DENR). South Dakota’s SIP revision
III. Incorporation by Reference • Is not a significant regulatory action addresses requirements of the Clean Air
subject to Executive Order 13211 (66 FR Act (CAA) and the EPA’s rules that
In this rule, the EPA is proposing to
28355, May 22, 2001); require states to submit periodic reports
include in a final EPA rule regulatory
text that includes incorporation by • Is not subject to requirements of describing progress toward reasonable
reference. In accordance with section 12(d) of the National progress goals established for regional
requirements of 1 CFR 51.5, the EPA is Technology Transfer and Advancement haze and a determination of the
proposing to incorporate by reference Act of 1995 (15 U.S.C. 272 note) because adequacy of the state’s existing regional
application of those requirements would haze SIP. South Dakota’s progress report
the AVAQMD rule described in Table 1
be inconsistent with the Clean Air Act; explains that South Dakota has
of this preamble. The EPA has made,
and implemented the measures in the
and will continue to make, these
regional haze SIP due to be in place by
materials available through • Does not provide the EPA with the
the date of the progress report and that
www.regulations.gov and at the EPA discretionary authority to address
visibility in mandatory federal Class I
Region IX Office (please contact the disproportionate human health or
areas affected by emissions from South
person identified in the FOR FURTHER environmental effects with practical,
Dakota sources is improving. The EPA
INFORMATION CONTACT section of this appropriate, and legally permissible
is proposing approval of South Dakota’s
preamble for more information). methods under Executive Order 12898
determination that the State’s regional
(59 FR 7629, February 16, 1994).
IV. Statutory and Executive Order haze SIP is adequate to meet Reasonable
Reviews In addition, the SIP is not approved Progress Goals (RPGs) for the first
to apply on any Indian reservation land implementation period covering
Under the Clean Air Act, the or in any other area where the EPA or
Administrator is required to approve a through 2018 and requires no
an Indian tribe has demonstrated that a substantive revision at this time.
SIP submission that complies with the tribe has jurisdiction. In those areas of
provisions of the Act and applicable DATES: Comments must be received on
Indian country, the rule does not have or before April 18, 2018.
federal regulations. 42 U.S.C. 7410(k); tribal implications and will not impose
40 CFR 52.02(a). Thus, in reviewing SIP ADDRESSES: Submit your comments,
substantial direct costs on tribal
submissions, the EPA’s role is to identified by Docket ID No. EPA–R08–
governments or preempt tribal law as
approve state choices, provided that OAR–2017–0672 at http://
specified by Executive Order 13175 (65
they meet the criteria of the Clean Air www.regulations.gov. Follow the online
FR 67249, November 9, 2000).
Act. Accordingly, this proposed action instructions for submitting comments.
merely proposes to approve state law as List of Subjects in 40 CFR Part 52 Once submitted, comments cannot be
sradovich on DSK3GMQ082PROD with PROPOSALS
meeting federal requirements and does edited or removed from
not impose additional requirements Environmental protection, Air www.regulations.gov. The EPA may
beyond those imposed by state law. For pollution control, Incorporation by publish any comment received to its
that reason, this proposed action: reference, Intergovernmental relations, public docket. Do not submit
• Is not a ‘‘significant regulatory Ozone, Particulate matter, Reporting electronically any information you
action’’ subject to review by the Office and recordkeeping requirements, consider to be Confidential Business
of Management and Budget under Volatile organic compounds. Information (CBI) or other information
Executive Orders 12866 (58 FR 51735, Authority: 42 U.S.C. 7401 et seq. whose disclosure is restricted by statute.
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Document Created: 2018-03-17 04:24:42
Document Modified: 2018-03-17 04:24:42
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Any comments must arrive by April 18, 2018. | |
| Contact | Arnold Lazarus, EPA Region IX, (415) 972-3024, [email protected] | |
| FR Citation | 83 FR 11944 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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