[Federal Register Volume 84, Number 127 (Tuesday, July 2, 2019)]
[Rules and Regulations]
[Pages 31684-31686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13498]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0802; FRL-9994-20-Region 9]


Air Plan Approval; California; Antelope Valley Air Quality 
Management 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 a revision to the Antelope Valley Air Quality 
Management District (AVAQMD) portion of the California State 
Implementation Plan (SIP). This revision concerns emissions of volatile 
organic compounds (VOCs) from solvent cleaning operations. 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 August 1, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2018-0802. All documents in the docket are 
listed on 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: Robert Schwartz, EPA Region IX, 75 
Hawthorne Street, San Francisco, CA 94105, (415) 972-3286, 
schwartz.robert@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

Table of Contents

I. Proposed Action

[[Page 31685]]

II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On March 22, 2019 (84 FR 10748), the EPA proposed to approve the 
following rule into the California SIP.

----------------------------------------------------------------------------------------------------------------
           Local agency                 Rule No.             Rule title             Amended         Submitted
----------------------------------------------------------------------------------------------------------------
AVAQMD............................            1171   Solvent Cleaning                8/21/2018       10/30/2018
                                                      Operations.
----------------------------------------------------------------------------------------------------------------

    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 no comments.

III. EPA Action

    No comments were submitted. Therefore, as authorized in section 
110(k)(3) of the Act, the EPA is fully approving this rule into the 
California SIP. The EPA is also converting the conditional approval of 
the AVAQMD reasonably available control technology (RACT) SIPs for the 
1997 and 2008 ozone standards with respect to Rule 1171 into a full 
approval. In this final action, the EPA is also making a non-
substantive revision to Sec.  52.248(b) of title 40 of the Code of 
Federal Regulations. Due to a previous drafting error, the text stating 
that ``[i]f the State fails to meet its commitment by November 9, 2018, 
the conditional approval is treated as a disapproval'' was included in 
paragraph (b)(4) as opposed to in paragraph (b) introductory text. The 
EPA's rephrasing of paragraph (b) moves this provision up to paragraph 
(b) introductory, allowing the text of paragraph (b)(4), referring to 
Rule 1171, to be removed and reserved because the District has now met 
its commitment for Rule 1171.

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 
AVAQMD rules 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 this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 3, 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).)

[[Page 31686]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: May 14, 2019.
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)(262)(i)(E)(4) and 
(c)(521) to read as follows:


Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (262) * * *
    (i) * * *
    (E) * * *
    (4) Previously approved on May 24, 2001 in paragraph 
(c)(262)(i)(E)(1) of this section and now deleted with replacement in 
(c)(521)(i)(A)(1) of this section, Rule 1171, adopted on November 17, 
1998.
* * * * *
    (521) New and amended regulations for the following APCDs were 
submitted on October 30, 2018 by the Governor's designee.
    (i) Incorporation by reference. (A) Antelope Valley Air Quality 
Management District.
    (1) Rule 1171, ``Solvent Cleaning Operations,'' amended on August 
21, 2018.
    (2) [Reserved]
    (B) [Reserved]
    (ii) [Reserved]

0
3. Section 52.248 is amended by revising paragraph (b) to read as 
follows:


Sec.  52.248  Identification of plan--conditional approval.

* * * * *
    (b) The EPA is conditionally approving portions of the California 
SIP revisions submitted on January 31, 2007 and October 23, 2015, 
demonstrating control measures in the Antelope Valley portion of the 
Los Angeles-San Bernardino Counties (West Mojave Desert) nonattainment 
area implement RACT for the 1997 and 2008 ozone standards. The 
conditional approval is based on a commitment from the state to submit 
new or revised rules that will correct deficiencies in the rules listed 
in paragraphs (b)(1) through (4) of this section by November 9, 2018. 
If the State fails to meet its commitment by November 9, 2018, the 
conditional approval is treated as a disapproval.
    (1) [Reserved]
    (2) Rule 1110.2, Emissions from Stationary, Non-road & Portable 
Internal Combustion Engines;
    (3) Rule 1151, Motor Vehicle and Mobile Equipment Coating 
Operations; and
    (4) [Reserved]
* * * * *
[FR Doc. 2019-13498 Filed 7-1-19; 8:45 am]
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