[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Rules and Regulations]
[Pages 78544-78545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27723]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0318; FRL-10004-02-R9]


Air Plan Approval; California; San Diego County Air Pollution 
Control District; San Joaquin Valley Unified Air Pollution Control 
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 San Diego County Air Pollution 
Control District (SDCAPCD) and San Joaquin Valley Unified Air Pollution 
Control District (SJVUAPCD) portions of the California State 
Implementation Plan (SIP). These revisions concern emissions of 
volatile organic compounds (VOC) from architectural coating operations. 
We are approving local rules that regulate these emission sources under 
the Clean Air Act (CAA or the Act).

DATES: These rules is effective January 23, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2021-0318. 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 [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 September 19, 2022 (87 FR 57161), the EPA proposed to approve 
the following amended rules into the California SIP.

----------------------------------------------------------------------------------------------------------------
      Local agency          Rule #         Rule title        Adopted/amended/revised           Submitted
----------------------------------------------------------------------------------------------------------------
SDCAPCD................       67.0.1  Architectural         2/10/2021 (effective for   4/20/2021, as an
                                       Coatings.             state law purposes on 1/   attachment to a letter
                                                             1/2022).                   dated 4/16/2021.
SJVUAPCD...............         4601  Architectural         4/16/2020 (effective upon  4/23/2020, as an
                                       Coatings.             adoption but the new or    attachment to a letter
                                                             revised VOC content        of the same date.
                                                             limits were effective 1/
                                                             1/2022).
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these amended rules because we determined 
that they comply with the relevant CAA requirements. More specifically, 
we evaluated the amended rules and determined that they remain 
enforceable, that they implement reasonably available control measure 
(RACM)-level controls, and that they would not interfere with any 
applicable requirement concerning attainment or reasonable further 
progress (RFP) or any other requirement of the CAA. In our proposed 
rule, we also evaluated the specific contingency measure provisions in 
the rules (i.e., paragraph (b)(6) of SDCAPCD Rule 67.0.1 and section 
4.3 of SJVUAPCD Rule 4601) and concluded that the provisions meet the 
requirements for contingency measures under CAA sections 172(c)(9) and 
182(c)(9). While we found that the rules meet the requirements for 
stand-alone contingency measures, we indicated that we are not making 
any determination at this time as to whether these individual 
contingency measures are sufficient in themselves for their respective 
nonattainment areas to fully comply with the contingency measure 
requirements under CAA sections 172(c)(9) and 182(c)(9). As noted in 
the proposed rule, we will be taking action on the contingency measure 
SIP elements for San Diego County and San Joaquin Valley in separate 
rulemakings. 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. 
During this period, we received one germane comment, and that one 
comment 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 CAA, the EPA is fully approving these rules 
into the California SIP. Upon the effective date of this final rule, 
the February 10, 2021 version of SDCAPCD Rule 67.0.1 and the April 16, 
2020 version of SJVUAPCD Rule 4601 will replace the previously approved 
versions of these rules in 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 
SDCAPCD and SJVUAPCD rules identified in section I. of this preamble. 
These rules concern emissions of VOC from architectural coating 
operations. 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

[[Page 78545]]

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 (Public Law 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
     The state did not evaluate environmental justice 
considerations as part of its SIP submittal. There is no information in 
the record inconsistent with the stated goals of E.O. 12898 of 
achieving environmental justice for people of color, low-income 
populations, and indigenous peoples.
    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 February 21, 2023. 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: December 14, 2022.
Martha Guzman Aceves,
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)(379)(i)(C)(9), 
(c)(472)(i)(C)(2), and (c)(565)(i)(A)(3), reserved paragraph (c)(591), 
and paragraph (c)(592) to read as follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (379) * * *
    (i) * * *
    (C) * * *
    (9) Previously approved on November 8, 2011, in paragraph 
(c)(379)(i)(C)(6) of this section and now deleted with replacement in 
paragraph (c)(592)(i)(A)(1) of this section, Rule 4601, ``Architectural 
Coatings,'' amended on December 17, 2009.
* * * * *
    (472) * * *
    (i) * * *
    (C) * * *
    (2) Previously approved on October 4, 2016, in paragraph 
(c)(472)(i)(C)(1) of this section and now deleted with replacement in 
paragraph (c)(565)(i)(A)(3) of this section, Rule 67.0.1, 
``Architectural Coatings,'' adopted on June 24, 2015.
* * * * *
    (565) * * *
    (i) * * *
    (A) * * *
    (3) Rule 67.0.1, ``Architectural Coatings,'' rev. adopted on 
February 10, 2021.
* * * * *
    (591) [Reserved]
    (592) The following regulation was submitted on April 23, 2020, by 
the Governor's designee, as an attachment to a letter dated April 23, 
2020.
    (i) Incorporation by reference.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4601, ``Architectural Coatings,'' amended on April 16, 
2020.
    (2) [Reserved]
    (B) [Reserved]
    (ii) [Reserved]
* * * * *
[FR Doc. 2022-27723 Filed 12-21-22; 8:45 am]
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