[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Rules and Regulations]
[Pages 13713-13715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04392]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0837; FRL-10294-02-09]


Air Plan Approval; California; Ventura County 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 a revision to the Ventura County Air Pollution 
Control District (VCAPCD) portion of the California State 
Implementation Plan (SIP). This revision concerns emissions of volatile 
organic compounds (VOCs) from architectural coating operations. We are 
approving a local rule to regulate these emission sources under the 
Clean Air Act (CAA or the Act). Approval of the local rule as part of 
the California SIP makes it federally enforceable.

DATES: This rule is effective on April 5, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R09-OAR-2022-0837. 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) 972-3204 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 November 15, 2022 (87 FR 68410), the EPA proposed to approve the 
following revised rule into the California SIP.

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
           Local agency                Rule No.              Rule title               Revised        Submitted
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VCAPCD............................            74.2  Architectural Coatings......      11/10/2020       7/26/2021
----------------------------------------------------------------------------------------------------------------


[[Page 13714]]

    We proposed to approve this revised rule because we determined that 
it complies with the relevant CAA requirements. More specifically, we 
evaluated the revised rule and determined that it remains enforceable, 
that it implements reasonably available control measure (RACM)-level 
controls, and that it would not interfere with any applicable 
requirement concerning attainment or reasonable further progress (RFP) 
or any other requirement of the CAA. Our November 15, 2022 proposed 
rule 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 no comments.

III. EPA Action

    Pursuant to section 110(k)(3) of the CAA, and for the reasons 
provided in our November 15, 2022 proposed rule and summarized above, 
the EPA is fully approving the amended VCAPCD architectural coatings 
rule into the California SIP. Upon the effective date of this final 
rule, the November 10, 2020 version of VCAPCD Rule 74.2 will replace 
the previously approved version of the rule 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 VCAPCD 
Rule 74.2, ``Architectural Coatings,'' revised on November 10, 2020, 
which regulates VOC emissions 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 
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 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 
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); and
     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.
    In addition, 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 Executive Order 12898 
(59 FR 7629, February 16, 1994) of achieving environmental justice for 
people of color, low-income populations, and indigenous peoples.
    Lastly, 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 May 5, 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.

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

    Dated: February 23, 2023.
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)(381)(i)(C)(3) and 
(c)(569)(i)(A)(3) to read as follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (381) * * *
    (i) * * *
    (C) * * *
    (3) Previously approved on July 6, 2011, in paragraph 
(c)(381)(i)(C)(2) of this section and now deleted with replacement in 
paragraph

[[Page 13715]]

(c)(569)(i)(A)(3) of this section, Rule 74.2, ``Architectural 
Coatings,'' amended on January 12, 2010.
* * * * *
    (569) * * *
    (i) * * *
    (A) * * *
    (3) Rule 74.2, ``Architectural Coatings,'' revised on November 10, 
2020.
* * * * *
[FR Doc. 2023-04392 Filed 3-3-23; 8:45 am]
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