[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Proposed Rules]
[Pages 51300-51303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17935]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0373; FRL-9765-01-R9]


Air Plan Revisions; California; South Coast Air Quality 
Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; partial withdrawal of proposed rule; withdrawal 
of proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing a 
limited approval and limited disapproval of two revised rules and an 
approval of a rule recission to the South Coast Air Quality Management 
District (SCAQMD) portion of the California State Implementation Plan 
(SIP). These revisions concern emissions of volatile organic compounds 
(VOCs) from marine and pleasure craft coating operations and the 
coating of metals. The EPA previously proposed to fully approve these 
SIP revisions on the grounds that they satisfied the relevant 
requirements under the Clean Air Act (CAA or the Act). After the 
comment periods, the EPA identified a deficiency in the submittals that 
warrants a limited disapproval. Therefore, we are withdrawing our 
previously proposed approvals of these SIP revisions as they pertain to 
these rules, published in the Federal Register on May 20, 2021, and 
August 24, 2021, and now propose a limited approval and limited 
disapproval for these revisions into the California SIP.

DATES: As of August 22, 2022, the proposed approval of Rule 1107 in the 
proposed rule published on May 20, 2021 (86 FR 27344), and and the 
proposed rule published on August 24, 2021 (86 FR 47268), are 
withdrawn. Comments on this proposed limited approval and limited 
disapproval and approval must be received on or before September 21, 
2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0373 at https://www.regulations.gov. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public 
comment policy, information about CBI or multimedia submissions, and 
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. 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. The State's Submittal
    A. What rules and rule rescission did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules and rule 
rescission?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rules and rule rescission?
    B. Do the rules meet the evaluation criteria?
    C. What are the rule deficiencies?
    D. EPA Recommendations To Further Improve the Rules
    E. Proposed Action and Public Comment
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

[[Page 51301]]

I. The State's Submittal

A. What rules and rule rescission did the State submit?

    Table 1 lists the rule revisions addressed by this proposal with 
the dates that they were amended or rescinded by the local air agency 
and submitted by the California Air Resources Board (CARB) to the EPA.

                                            Table 1--Submitted Rules
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         Local Agency              Rule No.        Rule title         Amended        Rescinded       Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD........................            1106  Marine and              5/3/2019  ..............       2/19/2020
                                                 Pleasure Craft
                                                 Coatings.
SCAQMD........................          1106.1  Pleasure Craft    ..............        5/3/2019       2/19/2020
                                                 Coating
                                                 Operations.
SCAQMD........................            1107  Coating of Metal        2/7/2020  ..............       7/24/2020
                                                 Parts and
                                                 Products.
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    On August 19, 2020, the submittal for SCAQMD Rule 1106 and the 
rescission of Rule 1106.1 was deemed by operation of law to meet the 
completeness criteria in 40 CFR part 51, appendix V, which must be met 
before formal EPA review.
    On November 24, 2020, the EPA determined that the submittal for 
SCAQMD Rule 1107 met the completeness criteria in 40 CFR part 51, 
appendix V, which must be met before formal EPA review.

B. Are there other versions of these rules?

    We approved an earlier version of SCAQMD Rule 1106 into the SIP on 
July 14, 1995 (60 FR 36227), and we approved SCAQMD Rule 1106.1 into 
the SIP on August 31, 1999 (64 FR 47392). The SCAQMD adopted revisions 
to the SIP-approved versions of these rules on May 3, 2019, and CARB 
submitted them to us on February 19, 2020.
    We approved an earlier version of SCAQMD Rule 1107 into the SIP on 
November 24, 2008 (73 FR 70883). The SCAQMD adopted revisions to the 
SIP-approved version of this rule on February 7, 2020, and CARB 
submitted them to us on July 24, 2020.

C. What is the purpose of the submitted rules and rule rescission?

    Emissions of VOCs contribute to the production of ground-level 
ozone, smog, and particulate matter, which harm human health and the 
environment. Section 110(a) of the CAA requires states to submit 
regulations that control VOC emissions. Rule 1106 regulates VOC 
emissions from all marine and pleasure craft coating operations, 
including coatings for boats, ships and their appurtenances, buoys, and 
oil drilling rigs intended for the marine environment, and applies to 
any person who solicits or requires any other person to use a marine 
coating. The rule was amended to include pleasure craft coating 
operations, lower the VOC content limit of a number of existing 
coatings, and add five coatings to the specialty coating list. Rule 
1106.1, Pleasure Craft Coating Operations, has been locally rescinded; 
however, all of the coatings limits, work practices, test methods and 
administrative aspects in Rule 1106.1 are now covered by Rule 1106.
    Rule 1107 regulates VOC emissions from all metal coating 
operations. Rule 1107 was required to be updated in order to meet 
current reasonably available control technology (RACT) for sources 
covered by the 2008 Control Techniques Guidelines (CTG) for 
Miscellaneous Metal and Plastic Parts Coatings (MMPP). For example, the 
rule revision lowers its exemption requirement from 10 tons per year of 
potential emissions of VOC to the MMPP CTG specified total actual 2.7 
tons of VOC per 12 month rolling period, per facility, as specified by 
the MMPP CTG.\1\
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    \1\ ``Control Techniques Guidelines Miscellaneous Metal and 
Plastic Parts Coatings'' (EPA-453/R-08-003, September 2008), page 3.
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    The EPA's technical support documents (TSD) have more information 
about the rules and rule rescission.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rules and rule rescission?

    Rules in the SIP must be enforceable (see CAA section 110(a)(2)), 
must not interfere with applicable requirements concerning attainment 
and reasonable further progress or other CAA requirements (see CAA 
section 110(l)), and must not modify certain SIP control requirements 
in nonattainment areas without ensuring equivalent or greater emissions 
reductions (see CAA section 193).
    Generally, SIP rules must require RACT for each category of sources 
covered by a CTG document as well as each major source of VOC in ozone 
nonattainment areas classified as Moderate or above (see CAA section 
182(b)(2)). The SCAQMD regulates an ozone nonattainment area classified 
as Extreme for the 1997, 2008, and 2015 8-Hour Ozone National Ambient 
Air Quality Standards (40 CFR 81.305). Rule 1106 is covered by 
``Control Techniques Guidelines for Shipbuilding and Ship Repair 
Operations'' (61 FR 44050, August 27, 1996), and ``Control Techniques 
Guidelines Miscellaneous Metal and Plastic Parts Coatings'' (EPA-453/R-
08-003, September 2008). Rule 1107 is covered by ``Control Techniques: 
Guidelines for Miscellaneous Metals and Plastic Parts Coatings'' (EPA-
453/R-08-003, September 2008) and ``Control of Volatile Organic 
Emissions from Existing Stationary Sources--Volume VI: Surface Coating 
of Miscellaneous Metal Parts and Products'' (EPA-450/2-78-15, June 
1978). Therefore, both rules must implement RACT.
    Guidance and policy documents that we used to evaluate 
enforceability, revision/relaxation, and rule stringency requirements 
for the applicable criteria pollutants include the following:

    1. ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 
57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, 
and Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 
11, 1990).
    3. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. ``Control Techniques Guidelines for Shipbuilding and Ship 
Repair Operations'' (61 FR 44050, August 27, 1996).
    5. ``Alternative Control Techniques Document: Surface Coating 
Operations at Shipbuilding and Ship Repair Facilities'' (EPA 453/R-
94-032, April 1994).
    6. ``Control Techniques Guidelines Miscellaneous Metal and 
Plastic Parts Coatings'' (EPA-453/R-08-003, September 2008).
    7. ``Control of Volatile Organic Emissions from Existing 
Stationary Sources--Volume VI: Surface Coating of Miscellaneous 
Metal Parts and Products'' (EPA-450/2-78-15, June 1978).

[[Page 51302]]

B. Do the rules and rule rescission meet the evaluation criteria?

    Rule 1106 improves the SIP by establishing more stringent emission 
limits on some coating categories, clarifying monitoring, recording and 
recordkeeping provisions. The rule is largely consistent with CAA 
requirements and relevant guidance regarding enforceability, and SIP 
revisions.
    Rule 1107 improves the SIP by establishing more stringent emission 
limits on some coating categories, clarifying monitoring, recording and 
recordkeeping provisions. The rule is largely consistent with CAA 
requirements and relevant guidance regarding enforceability, and SIP 
revisions.
    The rescission of Rule 1106.1 prevents redundancy in the SIP 
because the requirements of Rule 1106.1 were added to Rule 1106 in 
order to make one rule that covered all aspects of Marine and Pleasure 
Craft Coatings.
    Rule provisions which do not meet the evaluation criteria are 
summarized below and discussed further in the TSD.

C. What are the rule deficiencies?

    The following provisions in Rules 1106 and 1107 include references 
to a test method, ASTM D7767-11 (2018)--``Standard Test Method to 
Measure Volatiles from Radiation Curable Acrylate Monomers, Oligomers 
and Blends and Thin Coatings Made from Them,'' which is not approved by 
the EPA and therefore cannot be used to enforce a SIP approved rule. 
Thus, these provisions do not satisfy the requirements of section 110 
and part D of the Act and prevent full approval of the rules.
    Rule 1106, Marine and Pleasure Craft Coatings:

    1. Section (c)(9) Definitions:``Energy Curable Coatings.''
    2. Section (i)(1) Exemption: ``Energy Curable Coatings.''

    Rule 1107, Coating of Metal Parts and Products:

    1. Section (b)(15) Definition: ``Energy Curing Coatings.''
    2. Section (e)(1)(C) Methods of Analysis: Determination of VOC 
Content: Thin Film Energy Curable.

D. EPA Recommendations To Further Improve the Rules

    The relevant TSD includes recommendations to further improve Rule 
1106 including:

    1. Section (d) Requirements, Table of Standards, ``Metallic Heat 
Resistant Coating,'' is not in the 1996 Marine Coatings CTG. We 
suggest that it be removed.
    2. Section (d) Requirements, Table of Standards, ``Elastomeric 
Adhesives,'' is not in the 1996 Marine Coatings CTG. We suggest that 
it be removed.

E. Proposed Action and Public Comment

    As authorized in sections 110(k)(3) and 301(a) of the Act, the EPA 
is proposing a limited approval and limited disapproval of Rules 1106 
and 1107 and an approval of the recission of Rule 1106.1. 
Simultaneously, the EPA is withdrawing its August 24, 2021 proposed 
approval of Rule 1106 and rescission of Rule 1106.1 and its May 24, 
2021 proposed approval of Rule 1107 based on the deficiencies described 
above. We will accept comments from the public on this proposal until 
September 21, 2022. If finalized, this action would incorporate the 
submitted rules into the SIP, including those provisions identified as 
deficient. This approval is limited because the EPA is simultaneously 
proposing a limited disapproval of the rules under section 110(k)(3). 
If we finalize these limited disapprovals, CAA section 110(c) would 
require the EPA to promulgate a federal implementation plan within 24 
months unless we approve subsequent SIP revisions that correct the 
deficiencies identified in the final approval.
    Additionally, a final disapproval would trigger the offset sanction 
in CAA section 179(b)(2) 18 months after the effective date of a final 
disapproval, and the highway funding sanction in CAA section 179(b)(1) 
six months after the offset sanction is imposed. A sanction will not be 
imposed if the EPA determines that a subsequent SIP submission corrects 
the deficiencies identified in our final action before the applicable 
deadline.
    Note that the submitted rules have been adopted by the SCAQMD, and 
the EPA's final limited disapproval would not prevent the local 
agencies from enforcing them. The limited disapprovals also would not 
prevent any portion of the rules from being incorporated by reference 
into the federally enforceable SIP, as discussed in a July 9, 1992 EPA 
memo on processing SIP submittals.\2\
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    \2\ See Processing of State Implementation Plan (SIP) Submittals 
Memorandum from John Calgani, Director Air Quality Management 
Division, to EPA Regional Offices, July 9, 1992.
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III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference SCAQMD Rule 1106, rescission of SCAQMD Rule 1106.1 and SCAQMD 
Rule 1107 described in Table 1 of this preamble. The EPA has made, and 
will continue to make, these materials available through https://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).

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because this action does not impose additional requirements 
beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities beyond those 
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
state, local, or tribal governments, or to the private sector, will 
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the National Government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

[[Page 51303]]

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because 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, and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive order. This action is not subject to 
Executive Order 13045 because it does not impose additional 
requirements beyond those imposed by state law.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    The EPA lacks the discretionary authority to address environmental 
justice in this rulemaking.

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.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: August 15, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-17935 Filed 8-19-22; 8:45 am]
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