[Federal Register Volume 86, Number 129 (Friday, July 9, 2021)]
[Rules and Regulations]
[Pages 36227-36229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14407]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2020-0543; FRL-10024-68-Region 9]


Air Plan Approval; California; El Dorado County Air Quality 
Management District; South Coast 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 revisions to the El Dorado County Air Quality 
Management District (EDCAQMD) and the South Coast Air Quality 
Management District (SCAQMD) portions of the California State 
Implementation Plan (SIP). These revisions concern emissions of 
volatile organic compounds (VOC) from architectural coatings and a rule 
that provides definitions for certain terms that are necessary for the 
implementation of local rules that regulate sources of air pollution. 
We are approving rules to regulate these emission sources under the 
Clean Air Act (CAA or the Act).

DATES: This rule is effective August 9, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2020-0543. 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, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3024 or by 
email at 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 March 9, 2021 (86 FR 13514), the EPA proposed to approve the 
following rules into the California SIP.

----------------------------------------------------------------------------------------------------------------
                                                                                     Revised/
              Local agency                  Rule #            Rule title              amended        Submitted
----------------------------------------------------------------------------------------------------------------
EDCAQMD.................................        215  Architectural Coatings.....      08/25/2020      09/21/2020
SCAQMD..................................        102  Definition of Terms........      01/10/2020      09/16/2020
----------------------------------------------------------------------------------------------------------------


[[Page 36228]]

    We proposed to approve these rules because we determined that they 
comply with the relevant CAA requirements. Our proposed action contains 
more information on the rules and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
We received three comments during the comment period and each one was 
supportive of the proposed action.

III. EPA Action

    No comments were submitted that change our assessment of the rules 
as described in our proposed action. Therefore, as authorized in 
section 110(k)(3) of the Act, the EPA is fully approving these rules 
into the California SIP. The August 25, 2020 version of Rule 215 and 
the January10, 2020 version of Rule 102 will replace the previously 
approved versions of these rules in the 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 
EDCAPCD and the SCAQMD 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);
     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 7, 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: June 30, 2021.
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)(207)(i)(B)(6), 
(c)(345)(i)(A)(3), and (c)(556) and (557) to read as follows:


Sec.  52.220   Identification of plan-in part.

* * * * *
    (c) * * *
    (207) * * *
    (i) * * *
    (B) * * *
    (6) Previously approved on July 18, 1996 in paragraph 
(c)(207)(i)(B)(3) of this section and now deleted with replacement in 
(c)(557)(i)(A)(1), Rule 215, adopted on September 27, 1994.
* * * * *
    (345) * * *
    (i) * * *
    (A) * * *
    (3) Previously approved on January 8, 2007 in paragraph 
(c)(345)(i)(A)(1) of this section and now deleted with

[[Page 36229]]

replacement in (c)(556)(i)(A)(1), Rule 102, adopted on December 3, 
2004.
* * * * *
    (556) The following rule was submitted on September 16, 2020, by 
the Governor's designee as an attachment to a letter dated September 
16, 2020.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rule 102, ``Definition of Terms,'' adopted on January 10, 2020.
    (2) [Reserved]
    (B) [Reserved]
    (ii) [Reserved]
    (557) The following rule was submitted on September 21, 2020, by 
the Governor's designee as an attachment to a letter dated September 
18, 2020.
    (i) Incorporation by reference. (A) El Dorado County Air Quality 
Management District.
    (1) Rule 215, ``Architectural Coatings,'' adopted on August 25, 
2020.
    (2) [Reserved]
    (B) [Reserved]
    (ii) [Reserved]

[FR Doc. 2021-14407 Filed 7-8-21; 8:45 am]
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