[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Proposed Rules]
[Pages 66658-66660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28117]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0512; FRL-9988-53-Region 9]


Air Plan Approval; California; Mojave Desert Air Quality 
Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Mojave Desert Air Quality Management District 
(MDAQMD or ``District'') portion of the California State Implementation 
Plan (SIP). These revisions concern emissions of volatile organic 
compounds (VOCs) from wood products coating operations and organic 
solvent degreasing operations. We are proposing to approve local rules 
to regulate these emission sources under the Clean Air Act (CAA or the 
Act). We are also proposing to approve revisions to a definitions rule. 
Finally, we are proposing to convert the partial conditional approval 
of the District's reasonably available control technology (RACT) SIPs 
for the 1997 and 2008 ozone standards, as it applies to VOC emissions 
from wood products coating operations and organic solvent degreasing 
operations, to a full approval. We are taking comments on this proposal 
and plan to follow with a final action.

DATES: Any comments must arrive by January 28, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2018-0512 at http://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. For either manner of submission, 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 http://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, (415) 972-
3848, [email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 66659]]

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

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rule revisions?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Rules
    D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules addressed by this proposal with the dates 
that they were adopted by the local air agency and submitted by the 
California Air Resources Board (CARB).

                                            Table 1--Submitted Rules
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            Local agency                 Rule #               Rule title              Amended        Submitted
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MDAQMD.............................            1114  Wood Products Coating             1/22/2018       5/23/2018
                                                      Operations.
MDAQMD.............................            1104  Organic Solvent Degreasing        4/23/2018       7/16/2018
                                                      Operations.
MDAQMD.............................             102  Definition of Terms........       4/23/2018       8/22/2018
----------------------------------------------------------------------------------------------------------------

    On September 19, 2018, the EPA determined that the submittals for 
MDAQMD Rules 1114 and 1104 met the completeness criteria in 40 CFR part 
51 Appendix V, which must be met before formal EPA review. On September 
24, 2018, the EPA determined that the submittal for MDAQMD Rule 102 met 
the completeness criteria in 40 CFR part 51 Appendix V.

B. Are there other versions of these rules?

    We approved an earlier version of Rule 1114 into the SIP on August 
18, 1998 (63 FR 44132).\1\ We approved an earlier version of Rule 1104 
into the SIP on April 30, 1996 (61 FR 18962).\2\ We approved an earlier 
version of Rule 102 into the SIP on November 27, 1990 (55 FR 49281) for 
the San Bernardino portion of the MDAQMD. We approved amendments to 
South Coast Air Quality Management District (SCAQMD) Rule 102 into the 
SIP on March 28, 1979 (44 FR 18491). On June 9, 1982 (47 FR 25013), we 
approved a revision to the SIP, making the SCAQMD rules applicable in 
Riverside County. Accordingly, SCAQMD Rule 102, as modified November 4, 
1977, and approved on March 28, 1979, is the current definitions rule 
for the Riverside portion of the MDAQMD.
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    \1\ On July 1, 1994 the Palo Verde Valley area left the South 
Coast Air Quality Management District (SCAQMD) and became part of 
the MDAQMD. The EPA's April 30, 1996 (61 FR 18962) approval of Rule 
1114, amended February 22, 1995, constituted a new SIP rule for the 
San Bernardino portion of MDAQMD, and replaced SCAQMD Rule 1136--
Wood Products Coatings, amended August 2, 1991 (59 FR 17697, April 
14, 1994), for the Palo Verde Valley portion of the District. EPA's 
August 18, 1998 approval of MDAQMD Rule 1114, amended November 25, 
1996, replaced the February 22, 1995 version for the entire 
District.
    \2\ The District's submittal requests that the amended version 
of Rule 1104 supersede both the existing version of Rule 1104, and 
the December 20, 1993 (58 FR 66285) version of SCAQMD Rule 1171 
(August 2, 1991), which is applicable in the Riverside portion of 
the MDACMD. Rule 1104 Staff Report at 9-10.
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C. What is the purpose of the submitted rule revisions?

    Volatile organic compounds help produce 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 1114 establishes VOC content limits for 
coatings and adhesives used on new wood products and used for 
refinishing, repairing, preserving, or restoring wood products. It 
establishes requirements for application methods, surface preparation 
and cleanup, add-on control systems, and work practices. The rule 
includes test methods, and recordkeeping and monitoring requirements. 
The rule revisions include lower VOC limits for several coatings and 
cleaning solvents, and a higher minimum control efficiency for add-on 
controls. Rule 1104 establishes VOC emission limits for wipe cleaning 
and degreasing operations using organic solvents. It establishes 
requirements for VOC content in cleaning solvents, control equipment, 
cleaning equipment and methods, and operations. The rule includes test 
methods, and administrative and recordkeeping requirements. The rule 
revisions include a lower VOC limit for solvent cleaning, a higher 
minimum control efficiency for add-on controls, and updates to 
applicability, control equipment requirements, work practice standards, 
exemptions, monitoring, recordkeeping, and test methods.
    Rules 1114 and 1104 are two of 10 rules addressed in the partial 
approval and partial conditional approval of the MDAQMD's 2006 and 2015 
reasonably available control technology (RACT) SIPs (83 FR 5921, 
February 12, 2018). Our partial conditional approval of the RACT SIPs 
was based on a commitment by the State to remedy identified 
deficiencies in each of the 10 rules. The District submitted revised 
Rules 1114 and 1104 to address and correct the deficiencies identified 
in that RACT SIP action for wood products coatings operations and for 
organic solvent degreasing operations.
    Rule 102 was updated to shift common definitions used throughout 
the District rulebook to Rule 102, and to update definitions for 
consistency and clarity.
    The EPA's technical support documents (TSDs) have more information 
about these rules.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rules?

    SIP rules 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 Control Techniques Guidelines (CTG) document, and each 
major source of VOC emissions in ozone nonattainment areas classified 
as Moderate or above (see CAA section 182(b)(2)). The MDAQMD regulates 
an ozone nonattainment area classified as Severe for the 2008 ozone 
standard (40 CFR 81.305) and both Rule 1114 and Rule 1104 regulate 
sources covered by the CTG documents listed below. Therefore, these two 
rules must implement RACT for those sources, or the MDAQMD must submit 
a negative declaration that there are no sources in the relevant CTG 
category that exceed

[[Page 66660]]

the CTG threshold.\3\ The District has not submitted negative 
declarations for these CTG categories; therefore, we have evaluated 
Rule 1114 and Rule 1104 to ensure that they implement RACT for these 
CTG categories.
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    \3\ RACT Qs & As--Reasonably Available Control Technology 
(RACT): Questions and Answers, From: William T. Harnett, Director, 
Air Quality Policy Division (C539-01) To: Regional Air Division 
Directors, US EPA, May 18, 2006.
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    In addition, the EPA is evaluating Rules 1104 and 1114 to determine 
whether the updated rules meet the District's commitment to cure the 
deficiencies identified in partial conditional approval of the 
District's RACT SIPs with respect to wood products coatings operations 
and organic solvent degreasing operations.
    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. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' EPA, May 25, 1988 (the ``Bluebook,'' revised January 11, 
1990).
    2. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the ``Little 
Bluebook'').
    3. ``Control of Volatile Organic Compound Emissions from Wood 
Furniture Manufacturing Operations'' (EPA-453/R-96-007, April 1996).
    4. ``Control of Volatile Organic Emissions from Solvent Metal 
Cleaning'' (EPA-450/2-77-022, November 1977).
    5. ``Control Techniques Guidelines for Industrial Cleaning 
Solvents'' (EPA-453/R-06-001, September 2006).
    6. CARB's RACT/Best Available Retrofit Control Technology (BARCT) 
guidance titled, ``Organic Solvent Cleaning and Degreasing Operations'' 
(July 18, 1991).

B. Do the rules meet the evaluation criteria?

    These rules are consistent with CAA requirements and relevant 
guidance regarding enforceability, RACT, and SIP revisions. In 
addition, Rules 1104 and 1114 cure the deficiencies identified in the 
partial conditional approval of the District's RACT SIPs with respect 
to wood products coatings operations and organic solvent degreasing 
operations. The TSDs have more information on our evaluation.

C. EPA Recommendations To Further Improve the Rules

    The TSDs include recommendations for the next time the local agency 
modifies the rules.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted rules because they fulfill all relevant 
requirements. In addition, we propose to convert the partial 
conditional approval of the District's RACT SIPs with respect to Rules 
1104 and 1114, as found in 40 CFR 52.248(d), to a full approval. We 
will accept comments from the public on this proposal until January 28, 
2019. If we take final action to approve the submitted rules, our final 
action will incorporate these rules into the federally enforceable SIP.

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 the MDAQMD rules described in Table 1 of this preamble. The 
EPA has made, and will continue to make, these materials 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).

IV. 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 proposed action merely proposes to approve state law 
as meeting federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed 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 disproportionate human health or environmental effects with 
practical, appropriate, 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).

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.

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

    Dated: December 14, 2018.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2018-28117 Filed 12-26-18; 8:45 am]
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