[Federal Register Volume 87, Number 89 (Monday, May 9, 2022)]
[Rules and Regulations]
[Pages 27526-27528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09726]



40 CFR Part 52

[EPA-R09-OAR-2020-0573; FRL-9453-01-R9]

Air Plan Approval; California; Mojave Desert Air Quality 
Management District, Placer County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the Mojave Desert Air Quality Management 
District (MDAQMD) and the Placer County Air Pollution Control District 
(PCAPCD) portions of the California State Implementation Plan (SIP). 
These revisions concern emissions of volatile organic compounds (VOCs) 
from metal coating operations and general regulatory definitions. We 
are also finalizing the rescission of South Coast Air Quality 
Management District (SCAQMD) Rule 1107, Coating of Metal Parts and 
Products, as it applies to the Riverside County portion of the MDAQMD. 
We are approving these revisions, including local rules and a 
rescission, under the Clean Air Act (CAA or the Act).

DATES: This rule is effective on June 8, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2020-0573. 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.

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 May 20, 2021,\1\ the EPA proposed to approve the following rules 
into the California SIP.

    \1\ 86 FR 27344.

         Local agency            Rule No.      Rule title              Amended                  Submitted
MDAQMD.......................         1115  Metal Parts &     June 8, 2020............  July 24, 2020.
PCAPCD.......................          102  Definitions.....  June 11, 2020...........  July 24, 2020.

    We proposed to approve these rules because we determined that they 
comply with the relevant CAA requirements.
    In addition to replacing the previous versions of the submitted 
rules listed in Table 1, the EPA proposed to rescind South Coast Air 
Quality Management District (SCAQMD) Rule 1107, Coating of Metal Parts 
and Products, as it applies to the Riverside County portion of the 
MDAQMD, as requested by the California Air Resources Board (CARB).\2\

    \2\ CARB's rescission request cites to four Code of Federal 
Regulations (CFR) provisions for SCAQMD Rule 1107; however, since 
three of the CFR provisions are previous versions of the Rule that 
were replaced by more recent versions, and are therefore no longer 
in the SIP, EPA is interpreting this as a request to remove the 
latest (and only) version of SCAQMD Rule 1107 applicable in the 
Riverside County portion of the MDAQMD, namely, the version 
submitted on May 13, 1993, and listed at 40 CFR 

    In our May 20, 2021 proposal, the EPA also proposed to approve 
revisions to SCAQMD Rule 1107; however, we are not finalizing that 
action at this time. 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 this period, and each one was 
supportive of this proposed action.

III. EPA Action

    No comments were submitted that change our assessment of the rules 
and rule rescission discussed above and as described in our proposed 
action. Therefore, as authorized in section 110(k)(3) of the Act, the 
EPA is fully approving these rules and rule rescission into the 
California SIP

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In

[[Page 27527]]

accordance with requirements of 1 CFR 51.5, the EPA is finalizing the 
incorporation by reference of the MDAQMD and the PCAPCD rules described 
in section I. of this preamble and set forth below in the amendments to 
40 CFR part 52. 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, 
    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. 
    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 July 8, 2022. 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: April 29, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends part 52, chapter I, title 40 of the Code of 
Federal Regulations as follows:


1. The authority citation for part 52 continues to read as follows:

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

Subpart F--California

2. Section 52.220 is amended by adding paragraphs (c)(193)(i)(A)(4), 
(c)(419)(i)(B)(2), (c)(518)(i)(A)(6), and (c)(571) to read as follows:

Sec.  52.220   Identification of plan-in part.

* * * * *
    (c) * * *
    (193) * * *
    (i) * * *
    (A) * * *
    (4) Previously approved on February 1, 1984 in paragraph 
(c)(193)(i)(A)(1) of this section and now deleted without replacement 
for implementation in the Mojave Desert Air Quality Management District 
(Riverside County), Rule 1107.
* * * * *
    (419) * * *
    (i) * * *
    (B) * * *
    (2) Previously approved on January 31, 2013 in paragraph 
(c)(419)(i)(B)(1) of this section and now deleted with replacement in 
(c)(571)(i)(B)(1), Rule 102, ``Definitions,'' amended February 9, 2012.
* * * * *
    (518) * * *
    (i) * * *
    (A) * * *
    (6) Previously approved on February 27, 2020 in paragraph 
(c)(518)(i)(A)(2) of this section and now deleted with replacement in 
(c)(571)(i)(A)(1), Rule 1115, ``Metal Parts and Products Coating 
Operations,'' amended on January 22, 2018.
* * * * *
    (571) Amended regulations for the following APCDs were submitted on 
July 24, 2020 by the Governor's designee as an attachment to a letter 
dated July 23, 2020.
    (i) Incorporation by reference.
    (A) Mojave Desert Air Quality Management District.
    (1) Rule 1115, ``Metal Parts and Products Coating Operations,'' 
amended on June 8, 2020.

[[Page 27528]]

    (2) [Reserved]
    (B) Placer County Air Pollution Control District.
    (1) Rule 102, ``Definitions,'' amended on June 11, 2020.
    (2) [Reserved]
    (ii) [Reserved]

[FR Doc. 2022-09726 Filed 5-6-22; 8:45 am]