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Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Proposed Rules submitted them to us on February 19, 2020.
C. What is the purpose of the submitted rule and rule rescission?
Emissions of 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 VOC emissions. Rule 1106 regulates VOC emissions from all marine and pleasure craft coating operations, including coatings for boats, ships and their appurtenances, buoys, and oil drilling rigs intended for the marine environment, and applies to any person who solicits the application of any Marine or Pleasure Craft Coating and any associated solvent used with a Marine or Pleasure Craft Coating within the South Coast AQMD Jurisdiction.
The rule was amended to include pleasure craft coating operations, lower the VOC content limit of a number of existing coatings, and add five coatings to the specialty coating list. Rule 1106.1, Pleasure Craft Coating Operations, has been locally rescinded; however, all of the coatings limits in Rule 1106.1 are now covered by Rule 1106. The EPAs technical support document TSD has more information about this rule and rule rescission.

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II. The EPAs Evaluation and Action A. How is the EPA evaluating the rule and rule rescission?
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 VOC in ozone nonattainment areas classified as Moderate or above see CAA section 182b2. The SCAQMD regulates an ozone nonattainment area classified as Extreme for the 1997, 2008, and 2015 8Hour Ozone National Ambient Air Quality Standards 40 CFR 81.305. Rule 1106 is covered by Control Techniques Guidelines for Shipbuilding and Ship Repair Operations 3 and Control Techniques Guidelines for 3 61

FR 44050 August 27, 1996.

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Miscellaneous Metal and Plastic Parts Coatings EPA453/R08003, September 2008. Therefore, this rule must implement RACT.
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.
4. Control Techniques Guidelines for Shipbuilding and Ship Repair Operations 61 FR 44050, August 27, 1996.
5. Alternative Control Techniques Document: Surface Coating Operations at Shipbuilding and Ship Repair Facilities EPA 453/R94032, April 1994.
6. Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings EPA453/R08003, September 2008.
B. Do the rule and rule rescission meet the evaluation criteria?
This submittal of the rule and rule rescission meets CAA requirements and is consistent with relevant guidance regarding enforceability, RACT, and SIP
revisions. Specifically, the rule requirements sufficiently ensure that affected sources and regulators can consistently evaluate and determine compliance with Rule 1106.
Additionally, our analysis finds that Rule 1106 represents RACT for Marine or Pleasure Craft Coatings because it has VOC content limits consistent with limits adopted in other districts and the applicable CTGs. We also found that the limits in Rule 1106 and the rescinded Rule 1106.1 are identical. Lastly, Rule 1106 will not interfere with any applicable requirements of the CAA.
The TSD has more information on our evaluation.
C. The EPAs Recommendations To Further Improve the Rule The EPA recommends amendments for consideration by the District the next time Rule 1106 is revised. Specifically, our TSD recommends removing the category Metallic Heat Resistant Coatingand moving the category
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Elastomeric Adhesive to Rule 1168
Adhesive and Sealant Applications. Our TSD has more information regarding these recommendations.
D. Public Comment and Proposed Action As authorized in section 110k3 of the Act, the EPA proposes to fully approve the submitted rule and rule rescission because they fulfill all relevant requirements. We will accept comments from the public on this proposal until September 23, 2021. If we take final action to approve the submitted rule, our final action will incorporate this rule and rule rescission 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 SCAQMD Rule 1106 and the rescission of SCAQMD Rule 1106.1 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. 7410k;
40 CFR 52.02a. Thus, in reviewing SIP
submissions, the EPAs 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;
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.;

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