[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Rules and Regulations]
[Pages 73640-73642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23552]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0127; FRL-10014-90-Region 9]


Air Plan Approval; California; Sacramento Metropolitan Air 
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the Sacramento Metropolitan Air Quality 
Management District (SMAQMD) portion of the California State 
Implementation Plan (SIP). These revisions concern emissions of 
volatile organic compounds (VOCs) from the surface coating operations 
of plastic parts and products. We are approving a local rule to 
regulate these emission sources under the Clean Air Act (CAA or the 
``Act''), and we are approving a negative

[[Page 73641]]

declaration for a subcategory of a control techniques guidelines (CTG) 
source in the SMAQMD.

DATES: This rule will be effective on December 21, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2019-0127. 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. 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, (415) 
972-3024, lazarus.arnold@epa.gov.

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 July 23, 2020 (85 FR 44496), the EPA proposed to approve the 
following rule and negative declaration, listed in Table 1, into the 
California SIP.

                                Table 1--Submitted Rule and Negative Declaration
----------------------------------------------------------------------------------------------------------------
                                             Rule
               Local agency                  No.             Rule title               Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
SMAQMD...................................      468  Surface Coating of Plastic        03/22/2018      05/23/2018
                                                     Parts and Products.
SMAQMD...................................  .......  Negative Declaration for          03/22/2018       6/11/2018
                                                     ``Control Techniques
                                                     Guidelines for
                                                     Miscellaneous Metal and
                                                     Plastic Parts Coatings,''
                                                     EPA-453/R-08-003, September
                                                     2008 (Pleasure Craft
                                                     Coating Portion Only).
----------------------------------------------------------------------------------------------------------------

    We proposed to approve this rule and negative declaration because 
we determined that they comply with the relevant CAA requirements. Our 
proposed action contains more information on the rule, the negative 
declaration 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 Act, and for the reasons set 
forth in the proposed rule and related technical support documents, the 
EPA is fully approving this rule and negative declaration into 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 the 
SMAQMD 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 3, 
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

[[Page 73642]]

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 January 19, 2021. 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: September 25, 2020.
John Busterud,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, the EPA amends, part 52, 
Chapter I, Title 40 of the Code of Federal Regulations 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)(518)(i)(C) and 
(c)(543) to read as follows:


Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (518) * * *
    (i) * * *
    (C) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 468, ``Surface Coating of Plastic Parts and Products,'' 
adopted on March 22, 2018.
    (2) [Reserved]
* * * * *
    (543) Negative declaration for following AQMD was submitted on June 
11, 2018 by the Governor's designee.
    (i) [Reserved]
    (ii) Additional materials.
    (A) Sacramento Metropolitan Air Quality Management District.
    (1) Negative Declaration for ``Control Techniques Guidelines for 
Miscellaneous Metal and Plastic Parts Coatings,'' EPA-453/R-08-003, 
September 2008 (Pleasure Craft Coating Portion Only), adopted March 22, 
2018.
    (2) [Reserved]
    (B) [Reserved]

0
3. Section 52.222 is amended by adding paragraph (a)(2)(v) to read as 
follows:


Sec.  52.222  Negative declarations.

    (a) * * *
    (2) * * *
    (v) Negative Declaration for ``Control Techniques Guidelines for 
Miscellaneous Metal and Plastic Parts Coatings,'' EPA-453/R-08-003, 
September 2008 (Pleasure Craft Coating Portion Only) submitted on June 
11, 2018 and adopted on March 22, 2018.
* * * * *

[FR Doc. 2020-23552 Filed 11-18-20; 8:45 am]
BILLING CODE 6560-50-P


