Quiero saber acerca de...

Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Proposed Rules B. Does the rule meet the evaluation criteria?
C. What is the rule deficiency?
D. EPA Recommendations To Further Improve the Rule E. Proposed Action And Public Comment III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The States Submittal A. What rule did the State submit?

11481

adopted by the local air agency and submitted by the California Air Resources Board CARB.

Table 1 lists the rule addressed by this proposal with the date that it was
TABLE 1SUBMITTED RULE
Local agency
Rule No.

YSAQMD

2.31

On February 9, 2018, the submittal for YSAQMD Rule 2.31 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.
B. Are there other versions of this rule?
There is a previous version of Rule 2.31 in the SIP, revised on May 8, 2013, submitted to the EPA by CARB on February 10, 2014, and approved into the SIP on April 28, 2015 80 FR 23449.
There have been no other versions submitted since the SIP-approved version.
C. What is the purpose of the submitted rule?
VOCs contribute to the production of ground-level ozone, smog, and particulate matter, which harm human health and the environment. Section 110a of the CAA requires states to submit regulations that control emissions of VOCs. The purpose of Rule 2.31 is to limit the emissions of VOCs from solvent cleaning operations and solvent degreasing operations, and from the storage and disposal of materials used for such operations. The EPAs technical support document TSD has more information about this rule.
II. The EPAs Evaluation and Action A. How is the EPA evaluating the rule?
Rules in the SIP must be enforceable see CAA section 110a2, must not interfere with applicable requirements concerning attainment and reasonable further progress or other CAA
requirements see CAA section 110l, 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 Reasonably Available Control Technology RACT for each category of sources covered by a Control Techniques Guidelines CTG document as well as each major source of VOCs in ozone nonattainment areas classified as
VerDate Sep<11>2014

16:43 Feb 24, 2021

Jkt 253001

Rule title
Revised
Solvent Cleaning and Degreasing

Moderate or above see CAA section 182b2. The YSAQMD regulates an ozone nonattainment area classified as Severe nonattainment for the 2008 and 1997 8-hour ozone National Ambient Air Quality Standards NAAQS; 1 and Moderate nonattainment for the 2015 8hour ozone NAAQS.2 Therefore, this rule must implement RACT.
Guidance and policy documents that we use 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 of Volatile Organic Emissions from Solvent Metal Cleaning, EPA450/2
77022, November 1977.
5. Control Technique Guidelines for Industrial Cleaning Solvents EPA453/R
06001, September 2006.
6. Control of Volatile Organic Compound Emissions from Coating Operations at Aerospace manufacturing and Rework Operations EPA453/R97004, December 1997.
7. Control Technique Guidelines for Flexible Package Printing EPA 453/R06
003, September 2006.

B. Does the rule meet the evaluation criteria?
Rule 2.31 improves the SIP by establishing one more stringent emission limit and by clarifying monitoring, recording and recordkeeping provisions. The rule is largely consistent with CAA
requirements and with relevant guidance regarding enforceability and SIP revisions. The rule provision that does not meet the evaluation criteria is 1 40

CFR 81.305.

2 Id.

PO 00000

Frm 00009

Fmt 4702

Sfmt 4702

04/12/2017

Submitted 08/09/2017

summarized below and discussed further in the TSD.
C. What is the rule deficiency?
The following provision does not satisfy the requirements of section 110
and part D of title I of the Act and prevents full approval of the SIP
revision. Section 110.6 exempts from the requirements of Rule 2.31 any solvent degreasing operations that are subject to the NESHAP requirements of 40 CFR part 63 Subpart TNational Emission Standards for Halogenated Solvent Cleaning. CAA Section 182b2 Reasonably available control technology states that the State shall submit a revision to the applicable implementation plan to include provisions to require the implementation of reasonably available control technology . . . . Historically, some states and districts believed that they could rely on NESHAP
requirements to satisfy RACT SIP
requirements, especially where a district had been delegated authority to enforce the NESHAP rule. However, delegation of authority to a district or state to enforce a NESHAP rule does not put that rule or its emission limitations into the SIP. Thus, this exemption under section 110.6 of YSAQMD rule 2.31
does not meet CAA section 182b2
because the RACT requirements for sources subject to the NESHAP
requirements of 40 CFR Subpart T are not included in the SIP.
D. EPA Recommendations To Further Improve the Rule None, except to correct the deficiency regarding the NESHAP exemption.
E. Proposed Action and Public Comment As authorized in sections 110k3
and 301a of the Act, the EPA is proposing a limited approval and limited disapproval of the submitted rule. We will accept comments from the public on this proposal until March 29, 2021. If finalized, the action will incorporate the submitted rule into the SIP, including the provision identified
E:FRFM25FEP1.SGM

25FEP1