[Federal Register Volume 85, Number 129 (Monday, July 6, 2020)]
[Proposed Rules]
[Pages 40156-40158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13998]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2020-0122; FRL-10011-39-Region 9]


Air Plan Approval; California; Butte County; El Dorado County; 
Mojave Desert Air Quality Management District; San Diego County; 
Ventura County

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 Butte County Air Quality Management District 
(BCAQMD), El Dorado County Air Quality Management District (EDCAQMD), 
Mojave Desert Air Quality Management District (MDAQMD), San Diego 
County Air Pollution Control District (SDCAPCD) and Ventura County Air 
Pollution Control District (VCAPCD) portions of the California State 
Implementation Plan (SIP). These revisions concern rules that include 
definitions for certain terms that are necessary for the implementation 
of local rules that regulate sources of air pollution. We are proposing 
to approve the definitions rules under the Clean Air Act (CAA or the 
Act). We are taking comments on this proposal and plan to follow with a 
final action.

DATES: Comments must be received on or before August 5, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2020-0122 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.

FOR FURTHER INFORMATION CONTACT: Arnold Lazarus, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-2304 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.
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    \1\ CARB submitted the amendment to BCAQMD Rule 101 
electronically on May 23, 2018. CARB's submittal letter is dated May 
18, 2018.
    \2\ The BCAQMD amended Rule 101 on this date but took no action 
on Rule 102. The date is from Enclosure A to CARB Executive Order S-
18-004, May 18, 2018, which is included in CARB's May 23, 2018 SIP 
submittal.
    \3\ CARB submitted the rescission of BCAQMD Rule 102 
electronically on May 23, 2018. CARB's submittal letter is dated May 
18, 2018.
    \4\ CARB submitted the amendment to MDAQMD Rule 102 
electronically on August 19, 2019. CARB's submittal letter is dated 
August 16, 2019.
    \5\ CARB submitted the amendment to VCAPCD Rule 2 electronically 
on August 19, 2019. CARB's submittal letter is dated August 16, 
2019.
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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. The EPA's 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 agencies and submitted by the 
California Air Resources Board (CARB) to the EPA.

                                            Table 1--SUBMITTED RULES
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                                                                                   Amended /
        Local agency              Rule #         Rule title       Rescinded         revised         Submitted
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BCAQMD......................             101  Definitions....  ...............  12/14/2017.....  \1\ 5/23/2018
BCAQMD......................             102  Definitions....  \2\ 12/14/17...  ...............  \3\ 5/23/2018

[[Page 40157]]

 
EDCAQMD.....................             101  General          ...............  6/20/2017......  8/9/2017
                                               Provisions and
                                               Definitions.
MDAQMD......................             102  Definition of    ...............  1/28/2019......  \4\ 8/19/2019
                                               Terms.
SDCAPCD.....................               2  Definitions....  ...............  7/11/2017......  11/13/2017
VCAPCD......................               2  Definitions....  ...............  4/9/2019.......  \5\ 8/19/2019
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    Under CAA section 110(k)(1), the EPA must determine whether a SIP 
submittal meets the minimum completeness criteria established in 40 CFR 
part 51, appendix V for an official SIP submittal on which the EPA is 
obligated to take action. If the EPA does not make an affirmative 
determination of completeness or incompleteness within six months of 
receipt of a SIP submittal, the submittal is deemed to be complete by 
operation of law. The submitted rules listed in Table 1 were deemed 
complete by operation of law on the following dates: February 9, 2018 
(EDCAQMD Rule 101), May 13, 2018 (SDCAPCD Rule 2), November 23, 2018 
(BCAQMD Rule 101 and rescission of BCAQMD Rule 102), and February 19, 
2020 (MDAQMD Rule 102 and VCAPCD Rule 2).

B. Are there other versions of these rules?

    We approved an earlier version of BCAQMD Rule 101 into the SIP on 
June 11, 2015 (80 FR 33195).\6\ The BCAQMD adopted revisions to the 
SIP-approved version on December 14, 2017, and CARB submitted them to 
us on May 23, 2018. We approved BCAQMD Rule 102 into the SIP on 
February 3, 1987 (52 FR 3226). Most of the definitions in BCAQMD Rule 
102 have been superseded by approval of the definitions in BCAQMD Rule 
101 and Rule 300 (``Open Burning Requirements, Prohibitions, and 
Exemptions'').\7\ The only remaining defined terms in BCAQMD Rule 102 
are ``submerged fill pipe'' and ``vapor recovery system.''
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    \6\ See also 80 FR 59610 (October 2, 2015) (correcting amendment 
for June 11, 2015 final rule).
    \7\ We approved BCAQMD Rule 300 at 80 FR 38966 (July 8, 2015).
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    We approved an earlier version of EDCAQMD Rule 101 into the SIP on 
October 10, 2001 (66 FR 51578). The EDCAQMD adopted revisions to the 
SIP-approved version on June 20, 2017, and CARB submitted them to us on 
August 9, 2017.
    We approved an earlier version of MDAQMD Rule 102 into the SIP on 
July 2, 2019 (84 FR 31682). The MDAQMD adopted revisions to the SIP-
approved version on January 28, 2019, and CARB submitted them to us on 
August 19, 2019.
    We approved an earlier version of SDCAPCD Rule 2 into the SIP on 
June 21, 2017 (82 FR 28240). The SDCAPCD adopted revisions to the SIP-
approved version on July 11, 2017, and CARB submitted them to us on 
November 13, 2017.
    We approved an earlier version of VCAPCD Rule 2 into the SIP on 
December 7, 2012 (77 FR 72968). The VCAPCD adopted revisions to the 
SIP-approved version on April 9, 2019, and CARB submitted them to us on 
August 19, 2019.

C. What is the purpose of the submitted rule revisions?

    The purpose of these submitted rule revisions is to clarify and 
update definitions in the districts' rules. Revisions include the 
following, but a more complete list and discussion can be found in the 
technical support documents (TSDs) and submitted district staff reports 
and rules for this rulemaking:
     BCAQMD Rule 101 revisions include removal of Global 
Warming Potentials table, updating the Exempt Compounds table to be 
consistent with the definition of ``volatile organic compounds'' (VOC) 
in 40 CFR 51.100(s), removing greenhouse gases (GHG) and carbon dioxide 
equivalent emissions from the major source definition and adding 
definitions for ``Submerged Fill Pipe'' and ``Vapor Recovery System.'' 
In its submittal letter to CARB, BCAQMD also requests that BCAQMD Rule 
102 be rescinded from the SIP,\8\ and CARB included the BCAQMD's 
rescission request in its May 23, 2018 SIP submittal to the EPA.
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    \8\ See letter from Jason Mandly, Associate Air Quality Planner, 
BCAQMD, to Carol Sutkus, CARB, dated January 9, 2018.
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     EDCAQMD Rule 101 revisions include updating the district's 
title (previously known as El Dorado Air Pollution Control District), 
updating the exempt compounds list and adding or revising definitions 
for ``Global Warming Potential,'' Greenhouse Gases'', ``Owner or 
Operator,'' ``PM2.5,'' ``Responsbile Official,'' and ``Short 
Lived Climate Pollutants,'' and ``Volatile Organic Compounds.''
     MDAQMD Rule 102 revisions include the addition of 
definitions that had been included in other MDAQMD rules, the 
renumbering of the definitions, and the addition of certain definitions 
associated with CARB's Airborne Toxic Control Measure to reduce 
emissions of hexavalent chromium and nickel from thermal spraying. 
Definitions added include ``Agricultural Facility'', ``Confined Animal 
Facility'', ``Detonation Gun Spraying'', ``Flame Spraying'', ``High-
Velocity Oxy-Fuel Spraying'', ``Plasma Spraying'', ``Thermal Spraying 
Operation'', ``Twin-Wire Electric Arc Spraying'', and ``Volatile 
Organic Compound''. In its submittal letter to CARB, MDAQMD also 
requests that CARB submit amended Rule 102 to replace the SIP versions 
of the rule that are in effect in the San Bernardino County and the 
Blythe/Palo Verde Valley portions of the District.\9\ We have already 
responded to this request through final action on an earlier version of 
MDAQMD Rule 102.\10\
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    \9\ See letter from Alan J. De Salvio, Deputy Director, Mojave 
Desert Operations, MDAQMD, to Carol Sutkus, CARB, dated April 11, 
2019.
    \10\ 84 FR 31682 (July 2, 2019).
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     SDCAPCD Rule 2 revisions include adding the Chemical 
Abstract Service (CAS) Registry Number to each of the compounds in the 
table of ``exempt compounds'' at the end of Rule 2. ``Exempt 
compounds'' are excluded from the definition of ``volatile organic 
compounds.''
     VCAPCD Rule 2 revisions include the addition of nine 
compounds to the list of ``exempt organic compounds,'' as defined in 
Rule 2. The revisions also include the addition of CAS Registry Numbers 
to various compounds included in the list of ``exempt organic 
compounds,'' and the removal of the Global Warming Potential Table at 
the end of Rule.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rules?

    Rules in the SIP must be enforceable (see CAA section 110(a)(2)), 
must not

[[Page 40158]]

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).
    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).

B. Do the rules meet the EPA's evaluation criteria?

    These rules are consistent with CAA requirements and relevant 
guidance regarding enforceability. More specifically, the revisions to 
the definitions rules with respect to the list of ``exempt compounds'' 
that are exluded from the districts' definitions of ``volatile organic 
compounds'' are consistent with the definition of ``volatile organic 
compounds'' in 40 CFR 51.100(s). The deletions of certain GHG-related 
provisions from certain definitions rules are acceptable in light of 
recent court decisions involving GHG permitting. With respect to the 
rescission request for BCAQMD Rule 102, we find that the May 23, 2018 
SIP submittal does not include sufficient public process documentation 
to approve the request; however, approval of amended BCAQMD Rule 101, 
which we propose herein, will have the effect of superseding BCAQMD 
Rule 102 in the applicable SIP because the two remaining definitions 
from Rule 102 will be incorporated into Rule 101 if we finalize the 
action as proposed. The TSDs have more information on our evaluation.

C. The EPA Recommendations to Further Improve the Rules

    The TSDs include recommendations for the next time the local 
agencies modify their rules.

D. Public Comment and Proposed Action

    Pursuant to section 110(k)(3) of the Act, the EPA proposes to fully 
approve the submitted rules because they fulfill all relevant 
requirements. We will accept comments from the public on this proposal 
until August 5, 2020. 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 BCAQMD's, the EDAQMD's, the MDAQMD's, the SDCAPCD's and 
the VCAPCD's rules 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

    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 proposed 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, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: June 23, 2020.
John Busterud,
Regional Administrator, Region IX.
[FR Doc. 2020-13998 Filed 7-2-20; 8:45 am]
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