83 FR 61326 - Air Plan Approval; California; South Coast Air Quality Management District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 230 (November 29, 2018)
Federal Register Volume 83, Issue 230 (November 29, 2018)
| Page Range | 61326-61328 | |
| FR Document | 2018-25899 |
[Federal Register Volume 83, Number 230 (Thursday, November 29, 2018)] [Rules and Regulations] [Pages 61326-61328] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25899] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2016-0711; FRL-9986-61-Region 9] Air Plan Approval; California; South Coast Air Quality Management 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 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 approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act). DATES: This rule will be effective on December 31, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2016-0711. All documents in the docket are listed on [[Page 61327]] the https://www.regulations.gov 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 https://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. 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. 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 August 8, 2018 (83 FR 39017), the EPA proposed to approve the following rule into the California SIP. ---------------------------------------------------------------------------------------------------------------- Local agency Rule No. Rule title Amended Submitted ---------------------------------------------------------------------------------------------------------------- SCAQMD.......................... 1113 Architectural Coatings..... 2/5/2016 8/22/2016 ---------------------------------------------------------------------------------------------------------------- The EPA proposed to approve this rule, except for two sentences that were withdrawn from the submission at the request of the SCAQMD. We proposed to approve this rule because we determined that it complies with the relevant CAA requirements. Our proposed action contains more information on the rule 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 four anonymous comments. These comments addressed the Cross State Air Pollution Rule, California wildfires, and science policy. None of the comments addressed Rule 1113 or were germane to our evaluation of Rule 1113. III. EPA Action No comments were submitted that change our assessment of the rule as described in our proposed action. Therefore, as authorized in section 110(k)(3) of the Act, the EPA is fully approving this rule into the California SIP, with the exception of the two sentences withdrawn by the District. 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 SCAQMD rule described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents 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). 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 approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this 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, as appropriate, disproportionate human health or environmental effects, using practicable 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). 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 [[Page 61328]] this action must be filed in the United States Court of Appeals for the appropriate circuit by January 28, 2019. 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: November 5, 2018. Deborah Jordan, Acting 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)(404)(i)(A)(6) and (c)(488)(i)(D) to read as follows: Sec. 52.220 Identification of plan--in part. * * * * * (c) * * * (404) * * * (i) * * * (A) * * * (6) Previously approved on March 26, 2013 in paragraph (c)(404)(i)(A)(3) of this section and now deleted with replacement in paragraph (c)(488)(i)(D)(1), Rule 1113, ``Architectural Coatings,'' amended on June 3, 2011. * * * * * (488) * * * (i) * * * (D) South Coast Air Quality Management District. (1) Rule 1113, ``Architectural Coatings,'' amended February 5, 2016, except for the final sentence of paragraphs (b)(8), and (b)(25). * * * * * [FR Doc. 2018-25899 Filed 11-28-18; 8:45 am] BILLING CODE 6560-50-P
![61326 Federal Register / Vol. 83, No. 230 / Thursday, November 29, 2018 / Rules and Regulations
National Environmental Policy Act of through November 30, 2018, or until the they provide an equivalent level of
1969 (42 U.S.C. 4321–4370f), and have emergency bridge repairs are completed, safety.
determined that this action is one of a whichever occurs first. (6) The COTP or a designated
category of actions that do not (c) Applicability. This section only representative may determine, on a
individually or cumulatively have a applies to vessels transiting southbound case-by-case basis, that although the
significant effect on the human through the RNA. conditions triggering the RNA may be
environment. This rule involves a (d) Regulations. (1) In accordance met, the current potential hazards do
regulated navigation area lasting with the general regulations contained not require that each requirement of the
approximately two months that in 33 CFR 165.11, and 165.13, when the RNA be enforced and that only certain
prohibits entry or establishes vessel water flow rate as measured from Lock of the above-prescribed restrictions are
operating requirements for southbound and Dam 12 is 100 KCFS or greater necessary under the circumstances. The
transits through the right descending vessels are prohibited from transiting COTP or a designated representative
span of the Sabula Railroad Drawbridge southbound through the RNA unless may consider environmental factors, the
on the Upper Mississippi River while authorized by the Captain of the Port water flow rate at Lock and Dam 12,
emergency repairs are made to the Sector Upper Mississippi River (COTP) mitigating safety factors, and the
bridge. It is categorically excluded from or a designated representative. completion progress of bridge the
further review under paragraph L60 (d) (2) When the water flow rate as repairs among other factors. The COTP
of Appendix A, Table 1 of DHS measured from Lock and Dam 12 is less or a designated representative shall
Instruction Manual 023–01–001–01, than 100 kcfs, vessels may transit broadcast such notice of such
Rev. 01. A Record of Environmental southbound through the RNA only determination and any changes under
Consideration supporting this under the following conditions: the provisions of paragraph (e).
determination is available in the docket (i) Vessels shall operate at their (e) Notice of requirements. Notice that
where indicated under ADDRESSES. slowest safe speed. these vessel operational conditions are
(ii) Vessels avoid contacting any part anticipated to be put into effect, or are
G. Protest Activities in effect, will be given by Broadcast
of the Sabula Railroad Drawbridge and
The Coast Guard respects the First the unprotected rest pier located on the Notice to Mariners, Local Notices to
Amendment rights of protesters. right descending side of the Sabula Mariners, and/or actual notice, as
Protesters are asked to contact the Railroad Drawbridge. appropriate.
person listed in the FOR FURTHER (3) When the water flow rate as Dated: November 15, 2018.
INFORMATION CONTACT section to measured from Lock and Dam 12 is less P.F. Thomas,
coordinate protest activities so that your than 100 kcfs, vessels engaged in towing Rear Admiral, U.S. Coast Guard, Commander,
message can be received without may transit southbound through the Eighth Coast Guard District.
jeopardizing the safety or security of RNA only under the following [FR Doc. 2018–25981 Filed 11–28–18; 8:45 am]
people, places, or vessels. conditions: BILLING CODE 9110–04–P
List of Subjects in 33 CFR Part 165 (i) The size of the tow does not exceed
15 barges; and
Harbors, Marine safety, Navigation (ii) The towing vessel possesses a
(water), Reporting and recordkeeping ENVIRONMENTAL PROTECTION
minimum of 250 horsepower per loaded
requirements, Security measures, AGENCY
barge in tow, and
Waterways. (iii) When pushing more than two 40 CFR Part 52
For the reasons discussed in the barges, an assist vessel of at least 1,000
preamble, the Coast Guard amends 33 horsepower must be utilized. [EPA–R09–OAR–2016–0711; FRL–9986–61–
CFR part 165 as follows: Region 9]
(A) Prior to entering the RNA, the
assist tow vessel and the primary tow Air Plan Approval; California; South
PART 165—REGULATED NAVIGATION vessel shall discuss a plan to transit
AREAS AND LIMITED ACCESS AREAS Coast Air Quality Management District
through the bridge, and
(B) Both the primary and assist towing AGENCY: Environmental Protection
■ 1. The authority citation for part 165
vessel shall be capable of continuous Agency (EPA).
continues to read as follows:
two way voice communication while ACTION: Final rule.
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; transiting through the bridge.
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; SUMMARY: The Environmental Protection
(4) If an assist vessel is required under
Department of Homeland Security Delegation Agency (EPA) is taking final action to
No. 0170.1. this section, before entering the RNA:
(i) The assist vessel and the tow vessel approve a revision to the South Coast
■ 2. Add § 165.T08–0917 to read as Air Quality Management District
shall discuss a plan to transit through
follows: (SCAQMD) portion of the California
the bridge, and
§ 165.T08–0917 Regulated Navigation (ii) Both the assist vessel and the State Implementation Plan (SIP). This
Area; Upper Mississippi River, Sabula towing vessel shall be capable of revision concerns emissions of volatile
Railroad Drawbridge, Mile Marker 535, continuous two-way voice organic compounds (VOCs) from
Sabula, IA. communication while transiting through architectural coatings. We are approving
(a) Location. The following area is a the bridge. a local rule that regulates these emission
regulated navigation area (RNA): All (5) The COTP or a designated sources under the Clean Air Act (CAA
khammond on DSK30JT082PROD with RULES
navigable waters of the Upper representative may review, on a case-by- or the Act).
Mississippi River under the right case basis, alternatives to the minimum DATES: This rule will be effective on
descending bank span, also known as operating or towing requirements and December 31, 2018.
the Iowa span, of the Sabula Railroad conditions set forth in paragraphs ADDRESSES: The EPA has established a
Drawbridge at mile marker (MM) 535. (d)(2)–(d)(4) of this section and may docket for this action under Docket ID
(b) Effective period. This section is approve a deviation to these No. EPA–R09–OAR–2016–0711. All
effective from September 21, 2018 requirements and conditions should documents in the docket are listed on
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![61328 Federal Register / Vol. 83, No. 230 / Thursday, November 29, 2018 / Rules and Regulations
this action must be filed in the United ENVIRONMENTAL PROTECTION revised National Ambient Air Quality
States Court of Appeals for the AGENCY Standards (NAAQS) for ozone (62 FR
appropriate circuit by January 28, 2019. 38856) and a new NAAQS for fine
Filing a petition for reconsideration by 40 CFR Part 52 particle matter (PM2.5) (62 FR 38652).
the Administrator of this final rule does [EPA–R02–OAR–2016–0060; FRL–9987–03– The revised ozone NAAQS was based
not affect the finality of this action for Region 2] on 8-hour average concentrations. The
the purposes of judicial review nor does 8-hour averaging period replaced the
it extend the time within which a Approval of Air Quality Implementation previous 1-hour averaging period, and
petition for judicial review may be filed, Plans; Puerto Rico; Infrastructure the level of the NAAQS was changed
and shall not postpone the effectiveness Requirements for the 1997 and 2008 from 0.12 parts per million (ppm) to
of such rule or action. This action may Ozone, 1997 and 2006 Fine Particulate 0.08 ppm. The new PM2.5 NAAQS
not be challenged later in proceedings to Matter and 2008 Lead NAAQS; established a health-based annual
enforce its requirements. (See section Transport Provisions standard of 15.0 micrograms per cubic
307(b)(2).) meter (mg/m3) based on a 3-year average
AGENCY: Environmental Protection of annual mean PM2.5 concentrations,
List of Subjects in 40 CFR Part 52 Agency (EPA). and a 24-hour standard of 65 mg/m3
Environmental protection, Air ACTION: Final rule. based on a 3-year average of the 98th
pollution control, Incorporation by SUMMARY: The Environmental Protection percentile of 24-hour concentrations.
reference, Intergovernmental relations, Agency (EPA) is approving State On October 17, 2006 (71 FR 61144),
Ozone, Particulate matter, Reporting Implementation Plan (SIP) revision effective December 18, 2006, EPA
and recordkeeping requirements, submittals from the Commonwealth of revised the 24-hour average PM2.5
Volatile organic compounds. Puerto Rico to address the interstate primary and secondary NAAQS from 65
transport of air pollution that may mg/m3 to 35 mg/m3.
Dated: November 5, 2018.
On March 27, 2008 (73 FR 16436)
Deborah Jordan, interfere with attainment and
EPA strengthened its NAAQS for
Acting Regional Administrator, Region IX. maintenance of the National Ambient
ground-level ozone, revising the 8-hour
Air Quality Standards (NAAQS). In this
Part 52, Chapter I, Title 40 of the Code primary ozone standard to 0.075 ppm.
action, EPA is approving Puerto Rico’s
of Federal Regulations is amended as EPA also strengthened the secondary 8-
submissions pertaining to the 1997 and
follows: hour ozone standard to the level of
2008 ozone, 1997 and 2006 fine
0.075 ppm making it identical to the
PART 52—APPROVAL AND particulate matter (PM2.5) and 2008 lead revised primary standard.
PROMULGATION OF NAAQS. On November 12, 2008 (73 FR 66964),
IMPLEMENTATION PLANS DATES: This rule is effective on EPA promulgated a revised NAAQS for
December 31, 2018. lead. The Agency revised the level of
■ 1. The authority citation for part 52 ADDRESSES: EPA has established a the primary lead standard from 1.5 mg/
continues to read as follows: docket for this action under Docket ID m3 to 0.15 mg/m3. The EPA also revised
Authority: 42 U.S.C. 7401 et seq. No. EPA–R02–OAR–2016–0060. All the secondary NAAQS to 0.15 mg/m3
documents in the docket are listed on and made it identical to the revised
Subpart F—California the www.regulations.gov website. primary standard.
Although listed in the index, some Pursuant to section 110(a)(1) of the
■ 2. Section 52.220 is amended by information is not publicly available, Clean Air Act (CAA), states are required
adding paragraphs (c)(404)(i)(A)(6) and e.g., confidential business information to submit SIPs meeting the applicable
(c)(488)(i)(D) to read as follows: or other information whose disclosure is requirements of section 110(a)(2) within
restricted by statute. Certain other three years after promulgation of a new
§ 52.220 Identification of plan—in part.
material, such as copyrighted material, or revised NAAQS or within such
* * * * * is not placed on the internet and will be shorter period as EPA may prescribe.
(c) * * * publicly available only in hard copy Section 110(a)(2) requires states to
(404) * * * form. Publicly available docket address basic SIP elements such as
(i) * * * materials are available through requirements for monitoring, basic
(A) * * * program requirements, and legal
www.regulations.gov, or please contact
(6) Previously approved on March 26, authority that are designed to assure
the person identified in the FOR FURTHER
2013 in paragraph (c)(404)(i)(A)(3) of attainment and maintenance of the
INFORMATION CONTACT section for
this section and now deleted with NAAQS. Section 110(a) imposes the
additional availability information.
replacement in paragraph obligation upon states to make a SIP
FOR FURTHER INFORMATION CONTACT:
(c)(488)(i)(D)(1), Rule 1113, submission to EPA for a new or revised
‘‘Architectural Coatings,’’ amended on Kenneth Fradkin, Air Programs Branch,
Environmental Protection Agency, 290 NAAQS, but the contents of that
June 3, 2011. submission may vary depending upon
Broadway, 25th Floor, New York, New
* * * * * York 10007–1866, (212) 637–3702, or by the facts and circumstances. In
(488) * * * email at fradkin.kenneth@epa.gov. particular, the data and analytical tools
(i) * * * available at the time the state develops
SUPPLEMENTARY INFORMATION:
(D) South Coast Air Quality and submits the SIP for a new or revised
Management District. I. What is the background information? NAAQS affect the content of the
khammond on DSK30JT082PROD with RULES
(1) Rule 1113, ‘‘Architectural II. What comments did EPA receive in
response to its proposal? submission. The content of such SIP
Coatings,’’ amended February 5, 2016, submission may also vary depending
III. What action is EPA taking?
except for the final sentence of IV. Statutory and Executive Order Reviews upon what provisions the state’s
paragraphs (b)(8), and (b)(25). existing SIP already contains.
* * * * * I. What is the background information? More specifically, section 110(a)(1)
[FR Doc. 2018–25899 Filed 11–28–18; 8:45 am] On July 18, 1997, the Environmental provides the procedural and timing
BILLING CODE 6560–50–P Protection Agency (EPA) promulgated a requirements for SIPs. Section 110(a)(2)
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Document Created: 2018-11-28 23:44:38
Document Modified: 2018-11-28 23:44:38
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will be effective on December 31, 2018. | |
| Contact | Arnold Lazarus, EPA Region IX, (415) 972 3024, [email protected] | |
| FR Citation | 83 FR 61326 | |
| 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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