83 FR 39017 - Approval of California Air Plan Revision, South Coast Air Quality Management District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 153 (August 8, 2018)
Federal Register Volume 83, Issue 153 (August 8, 2018)
| Page Range | 39017-39019 | |
| FR Document | 2018-16795 |
[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)] [Proposed Rules] [Pages 39017-39019] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16795] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2016-0711; FRL-9981-91--Region 9] Approval of California Air Plan Revision, South Coast 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 South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOCs) from architectural coatings. We are proposing to approve a local rule to regulate emissions from architectural coatings 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 September 7, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09- OAR-2016-0711 at http://www.regulations.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 [[Page 39018]] 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, [email protected]. 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. 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 action with the date that it was adopted by the local air agency and submitted by the California Air Resources Board (CARB). On February 22, 2018, CARB requested the withdrawal from its earlier SIP submittal of one sentence from two definitions (``Bond Breakers'' and ``Form Release Compounds''), which exempted these materials from the rule, due to the adoption of a rule regulating these materials. Accordingly, our proposed approval of this rule does not include the two withdrawn sentences. Table 1--Submitted Rule ---------------------------------------------------------------------------------------------------------------- Local agency Rule No. Rule title Amended Submitted ---------------------------------------------------------------------------------------------------------------- SCAQMD................................ 1113 Architectural Coatings.. 2/5/2016 8/22/2016 ---------------------------------------------------------------------------------------------------------------- On September 27, 2016, the EPA determined that the submittal for SCAQMD Rule 1113 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 this rule? We approved an earlier version of SCAQMD Rule 1113 into the SIP on March 26, 2013 (78 FR 18244). 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 VOC emissions. Architectural coatings are applied to stationary structures and their accessories. They include house paints, stains, industrial maintenance coatings, traffic coatings, and many other products. VOCs are emitted from the coatings during application and curing, and from the associated solvents used for thinning and clean- up. SCAQMD Rule 1113 controls VOC emissions by establishing VOC limits on architectural coatings. SCAQMD Rule 1113 was revised to increase stringency and reduce VOC emissions by updating VOC content limits, and restricting the small container exemption (less than 1 quart) for high- VOC coatings. 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). 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 SCAQMD has been designated as Extreme nonattainment for the 2008 8-hour ozone NAAQS (40 CFR 81.305). As addressed further in the EPA's TSD for this rule, there are no relevant EPA CTG documents and architectural coatings are considered area sources. Therefore, architectural coating sources are not subject to RACT requirements. Guidance and policy documents that we use to evaluate enforceability, revision/relaxation, and rule stringency 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 and 57 FR 18070, April 28, 1992). 2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations'' (``the Bluebook,'' U.S. EPA, May 25, 1988; revised January 11, 1990). 3. ``Guidance Document for Correcting Common VOC & Other Rule Deficiencies'' (``the Little Bluebook'', EPA Region 9, August 21, 2001). 4. National Volatile Organic Compound Emission Standards for Architectural Coatings, 40 CFR 59.400, Subpart D, Table 1, VOC Content Limits for Architectural Coatings. B. Does the rule meet the evaluation criteria? We believe this rule is consistent with CAA requirements and relevant guidance regarding enforceability, stringency, 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 we believe it fulfills all relevant requirements. We will accept comments from the public on this proposal until September 7, 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 SCAQMD 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 [[Page 39019]] 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: July 24, 2018. Michael Stoker, Regional Administrator, Region IX. [FR Doc. 2018-16795 Filed 8-7-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules 39017
revisions remove the ability of kraft • Is not a ‘‘significant regulatory Dated: July 24, 2018.
pulp mills that exceed their NOX limits action’’ subject to review by the Office Cecil Rodrigues,
and caps to comply by purchasing or of Management and Budget under Acting Regional Administrator, Region III.
otherwise acquiring NOX allowances Executive Orders 12866 (58 FR 51735, [FR Doc. 2018–16778 Filed 8–7–18; 8:45 am]
from EPA’s ozone season NOX trading October 4, 1993) and 13563 (76 FR 3821, BILLING CODE 6560–50–P
program by removing these provisions January 21, 2011);
in COMAR 26.11.14 and 26.11.01. The • Is not an Executive Order 13771 (82
removal of the provisions allowing FR 9339, February 2, 2017) regulatory ENVIRONMENTAL PROTECTION
purchase of additional allowances action because SIP approvals are AGENCY
removes the potential for increased local exempted under Executive Order 12866;
NOX emissions. • Does not impose an information 40 CFR Part 52
The May 15, 2018 Maryland SIP collection burden under the provisions [EPA–R09–OAR–2016–0711; FRL–9981–
submittal does not result in increased of the Paperwork Reduction Act (44 91—Region 9]
NOX emissions, and therefore has no U.S.C. 3501 et seq.);
impact on any requirements related to • Is certified as not having a Approval of California Air Plan
attainment, reasonable further progress, significant economic impact on a Revision, South Coast Air Quality
or any other NAAQS requirements substantial number of small entities Management District
under the CAA. The submittal therefore under the Regulatory Flexibility Act (5
meets section 110(l) of the CAA. AGENCY: Environmental Protection
U.S.C. 601 et seq.); Agency (EPA).
III. Proposed Action • Does not contain any unfunded
ACTION: Proposed rule.
mandate or significantly or uniquely
EPA’s review of this material affect small governments, as described
indicates that Maryland’s May 18, 2018 SUMMARY: The Environmental Protection
in the Unfunded Mandates Reform Act Agency (EPA) is proposing to approve a
SIP revision submittal (Maryland SIP of 1995 (Pub. L. 104–4); revision to the South Coast Air Quality
Revision #18–03) is approvable in • Does not have federalism Management District (SCAQMD) portion
accordance with CAA section 110. For implications as specified in Executive of the California State Implementation
the reasons noted previously, EPA is Order 13132 (64 FR 43255, August 10, Plan (SIP). This revision concerns
proposing to approve the Maryland SIP 1999); emissions of volatile organic
revision submitted on May 15, 2018. • Is not an economically significant compounds (VOCs) from architectural
EPA is soliciting public comments on regulatory action based on health or coatings. We are proposing to approve a
the issues discussed in this document. safety risks subject to Executive Order local rule to regulate emissions from
These comments will be considered 13045 (62 FR 19885, April 23, 1997); architectural coatings under the Clean
before taking final action. • Is not a significant regulatory action Air Act (CAA or the Act). We are taking
IV. Incorporation by Reference subject to Executive Order 13211 (66 FR comments on this proposal and plan to
In this proposed action, EPA is 28355, May 22, 2001); follow with a final action.
proposing to include in a final EPA rule • Is not subject to requirements of DATES: Any comments must arrive by
regulatory text that includes Section 12(d) of the National September 7, 2018.
incorporation by reference. In Technology Transfer and Advancement ADDRESSES: Submit your comments,
accordance with requirements of 1 CFR Act of 1995 (15 U.S.C. 272 note) because identified by Docket ID No. EPA–R09–
51.5, EPA is proposing to incorporate by application of those requirements would OAR–2016–0711 at http://
reference new Maryland regulation be inconsistent with the CAA; and www.regulations.gov. For comments
COMAR 26.11.40 and associated • Does not provide EPA with the submitted at Regulations.gov, follow the
revisions to COMAR 26.11.01 and discretionary authority to address, as online instructions for submitting
COMAR 26.11.14.07. EPA has made, appropriate, disproportionate human comments. Once submitted, comments
and will continue to make, these health or environmental effects, using cannot be removed or edited from
materials generally available through practicable and legally permissible Regulations.gov. For either manner of
http://www.regulations.gov and at the methods, under Executive Order 12898 submission, the EPA may publish any
EPA Region III Office (please contact the (59 FR 7629, February 16, 1994). comment received to its public docket.
person identified in the FOR FURTHER In addition, this action proposing Do not submit electronically any
INFORMATION CONTACT section of this
approval of Maryland regulation information you consider to be
preamble for more information). COMAR 26.11.40 and associated Confidential Business Information (CBI)
revisions to other COMAR regulations or other information whose disclosure is
V. Statutory and Executive Order does not have tribal implications as restricted by statute. Multimedia
Reviews specified by Executive Order 13175 (65 submissions (audio, video, etc.) must be
Under the CAA, the Administrator is FR 67249, November 9, 2000), because accompanied by a written comment.
required to approve a SIP submission the SIP is not approved to apply in The written comment is considered the
that complies with the provisions of the Indian country located in the state, and official comment and should include
CAA and applicable federal regulations. EPA notes that it will not impose discussion of all points you wish to
42 U.S.C. 7410(k); 40 CFR 52.02(a). substantial direct costs on tribal make. The EPA will generally not
Thus, in reviewing SIP submissions, governments or preempt tribal law. consider comments or comment
amozie on DSK3GDR082PROD with PROPOSALS
EPA’s role is to approve state choices, List of Subjects in 40 CFR Part 52 contents located outside of the primary
provided that they meet the criteria of submission (i.e., on the web, cloud, or
the CAA. Accordingly, this action Environmental protection, Air other file sharing system). For
merely approves state law as meeting pollution control, Incorporation by additional submission methods, please
federal requirements and does not reference, Nitrogen dioxide, Ozone, contact the person identified in the FOR
impose additional requirements beyond Reporting and recordkeeping FURTHER INFORMATION CONTACT section.
those imposed by state law. For that requirements, Sulfur oxides. For the full EPA public comment policy,
reason, this proposed action: Authority: 42 U.S.C. 7401 et seq. information about CBI or multimedia
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![Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules 39019
federal regulations. 42 U.S.C. 7410(k); specified by Executive Order 13175 (65 discussed in more detail in this notice.
40 CFR 52.02(a). Thus, in reviewing SIP FR 67249, November 9, 2000). The Washington Area maintenance plan
submissions, the EPA’s role is to includes motor vehicle emissions
List of Subjects in 40 CFR Part 52
approve state choices, provided that budgets (MVEBs) for the 2008 ozone
they meet the criteria of the Clean Air Environmental protection, Air NAAQS for nitrogen oxides (NOX) and
Act. Accordingly, this proposed action pollution control, Incorporation by volatile organic compounds (VOCs),
merely proposes to approve state law as reference, Intergovernmental relations, which are precursors to ozone. EPA has
meeting federal requirements and does Ozone, Particulate matter, Reporting found the MVEBs adequate and is
not impose additional requirements and recordkeeping requirements, proposing to approve, as a SIP revision,
beyond those imposed by state law. For Volatile organic compounds. these 2014, 2025, and 2030 NOX and
that reason, this proposed action: Authority: 42 U.S.C. 7401 et seq. VOC MVEBs for the Washington Area.
• Is not a ‘‘significant regulatory
Dated: July 24, 2018. DATES: Written comments must be
action’’ subject to review by the Office
Michael Stoker, received on or before September 7,
of Management and Budget under
2018.
Executive Orders 12866 (58 FR 51735, Regional Administrator, Region IX.
October 4, 1993) and 13563 (76 FR 3821, [FR Doc. 2018–16795 Filed 8–7–18; 8:45 am] ADDRESSES: Submit your comments,
January 21, 2011); BILLING CODE 6560–50–P identified by Docket ID No. EPA–R03–
• Is not an Executive Order 13771 (82 OAR–2018–0215 at https://
FR 9339, February 2, 2017) regulatory www.regulations.gov, or via email to
action because SIP approvals are ENVIRONMENTAL PROTECTION spielberger.susan@epa.gov. For
exempted under Executive Order 12866; AGENCY comments submitted at Regulations.gov,
• Does not impose an information follow the online instructions for
collection burden under the provisions 40 CFR Part 52 submitting comments. Once submitted,
of the Paperwork Reduction Act (44 [EPA–R03–OAR–2018–0215; FRL–9981– comments cannot be edited or removed
U.S.C. 3501 et seq.); 75—Region 3] from Regulations.gov. For either manner
• Is certified as not having a of submission, EPA may publish any
significant economic impact on a Air Plan Approval; District of comment received to its public docket.
substantial number of small entities Columbia, Maryland, and Virginia; Do not submit electronically any
under the Regulatory Flexibility Act (5 Maryland and Virginia Redesignation information you consider to be
U.S.C. 601 et seq.); Requests and District of Columbia, confidential business information (CBI)
• Does not contain any unfunded Maryland, and Virginia Maintenance or other information whose disclosure is
mandate or significantly or uniquely Plan for the Washington, DC-MD-VA restricted by statute. Multimedia
affect small governments, as described 2008 Ozone Standard Nonattainment submissions (audio, video, etc.) must be
in the Unfunded Mandates Reform Act Area accompanied by a written comment.
of 1995 (Pub. L. 104–4); The written comment is considered the
• Does not have Federalism AGENCY: Environmental Protection
official comment and should include
implications as specified in Executive Agency (EPA).
discussion of all points you wish to
Order 13132 (64 FR 43255, August 10, ACTION: Proposed rule.
make. EPA will generally not consider
1999); comments or comment contents located
• Is not an economically significant SUMMARY: The Environmental Protection
Agency (EPA) is proposing to approve outside of the primary submission (i.e.,
regulatory action based on health or
the requests from the State of Maryland on the web, cloud, or other file sharing
safety risks subject to Executive Order
(Maryland) and the Commonwealth of system). For additional submission
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action Virginia (Virginia) to redesignate to methods, please contact the person
subject to Executive Order 13211 (66 FR attainment their respective portions of identified in the FOR FURTHER
the Washington, DC-MD-VA INFORMATION CONTACT section. For the
28355, May 22, 2001);
• Is not subject to requirements of nonattainment area (hereafter ‘‘the full EPA public comment policy,
Section 12(d) of the National Washington Area’’ or ‘‘the Area’’) for the information about CBI or multimedia
Technology Transfer and Advancement 2008 8-hour ozone national ambient air submissions, and general guidance on
Act of 1995 (15 U.S.C. 272 note) because quality standard (NAAQS or standard) making effective comments, please visit
application of those requirements would (also referred to as the 2008 ozone https://www2.epa.gov/dockets/
be inconsistent with the Clean Air Act; NAAQS). EPA is not proposing to commenting-epa-dockets.
and approve the redesignation request for FOR FURTHER INFORMATION CONTACT: Sara
• Does not provide the EPA with the the District of Columbia (the District) for Calcinore, (215) 814–2043, or by email
discretionary authority to address its portion of the Area; EPA will address at calcinore.sara@epa.gov.
disproportionate human health or the District’s redesignation request for
SUPPLEMENTARY INFORMATION:
environmental effects with practical, its portion of the Area in a separate
Throughout this document whenever
appropriate, and legally permissible rulemaking action. EPA is also
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
methods under Executive Order 12898 proposing to approve, as a revision to
EPA. This supplementary information
(59 FR 7629, February 16, 1994). the District’s, Maryland’s, and Virginia’s
section is arranged as follows:
In addition, the SIP is not approved state implementation plans (SIPs), the
amozie on DSK3GDR082PROD with PROPOSALS
to apply on any Indian reservation land joint maintenance plan submitted by the I. What are the actions EPA is proposing?
or in any other area where the EPA or District, Maryland, and Virginia. The II. What is the background for these proposed
an Indian tribe has demonstrated that a joint maintenance plan demonstrates actions?
III. What are the criteria for redesignation?
tribe has jurisdiction. In those areas of maintenance of the 2008 ozone NAAQS IV. What is EPA’s analysis of Maryland’s and
Indian country, the rule does not have through 2030 in the Washington Area. Virginia’s redesignation requests for the
tribal implications and will not impose Approval of a maintenance plan is Washington Area?
substantial direct costs on tribal among the CAA criteria for A. Has the Washington Area attained the
governments or preempt tribal law as redesignation to attainment, as 2008 ozone NAAQS?
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Document Created: 2018-08-08 02:05:02
Document Modified: 2018-08-08 02:05:02
| 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 September 7, 2018. | |
| Contact | Arnold Lazarus, EPA Region IX, (415) 972 3024, [email protected] | |
| FR Citation | 83 FR 39017 | |
| 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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