[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Proposed Rules]
[Pages 5086-5088]
[FR Doc No: 2021-00358]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2020-0523; FRL-10017-10-Region 9]

Air Plan Approval; California; Feather River Air Quality
Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Feather River Air Quality Management District
(FRAQMD or ``District'') portion of the California State Implementation
Plan (SIP). This revision concerns emissions of volatile organic
compounds (VOCs) from surface preparation and clean-up operations. We
are proposing to approve a local rule to regulate these emission
sources 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 February 18, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. is EPA-
R09-OAR-2020-0523 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. 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: Christine Vineyard, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule revision?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. The EPA's Recommendations to Further Improve the Rule
    D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule addressed by this proposal with the date
that it was adopted by the local air agency and submitted by the
California Air Resources Board (CARB).

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
          Local agency              Rule No.                Rule title                Amended        Submitted
----------------------------------------------------------------------------------------------------------------
FRAQMD.........................            3.14  Surface Preparation and Clean-         08/01/16        01/24/17
                                                  up.
----------------------------------------------------------------------------------------------------------------

    On April 17, 2017, the EPA determined that the submittal for FRAQMD
Rule 3.14 met 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?

    We approved an earlier version of Rule 3.14 into the SIP on April
23, 2015 (80 FR 22646). The FRAQMD adopted revisions to the SIP-
approved version on August 1, 2016, and CARB submitted them to us on
January 24, 2017.

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

    Emissions of VOCs contribute to the production of ground-level
ozone, (or ``smog'') and particulate matter, which harm human health
and the environment. Section 110(a) of the CAA requires states to
submit regulations that control VOC emissions. Rule 3.14 was

revised to be consistent with the CARB Suggested Control Measure (SCM)
for Automotive Coatings and Components by simplifying coating
categories, lowering VOC limits and modifying recordkeeping and
labeling requirements. The EPA's technical support document (TSD) has
more information about this rule.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule?

    Rules in the SIP must be enforceable (see CAA section 110(a)(2)),
must not 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).
    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 Moderate or above (see
CAA section 182(b)(2)).
    CAA 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 of Volatile Organic Emissions from Solvent Metal
Cleaning,'' EPA-450/2-77-022, November 1977 (http://www.epa.gov/ozonepollution/SIPToolkit/ctgs.html)
    5. ``Control Techniques Guidelines for Industrial Cleaning
Solvents,'' EPA-453/R-06-001, September 2006 (http://www.epa.gov/ozonepollution/SIPToolkit/ctgs.html)

B. Does the rule meet the evaluation criteria?

    The FRAQMD regulates an ozone nonattainment area classified as
Severe nonattainment. The District is a bi-county agency that
administers local, state, and federal air quality management programs
for Yuba and Sutter Counties. Portions of the District have been
designated as Moderate or above nonattainment for failure to meet the
federal 8-hour ground-level ozone standard. The submitted SIP rule does
not fully meet RACT because the rule contains an exemption for any
solvent degreasing operations subject to the National Emission
Standards for Hazardous Air Pollutants (NESHAP) requirements of 40 CFR
part 63, subpart T--National Emission Standards for Halogenated Solvent
Cleaning. However, EPA approved a negative declaration for this
category in the FRAQMD's 2008 ozone standard RACT SIP. (80 FR 38959,
July 8, 2015). Therefore, Rule 3.14 does not need to meet RACT
requirements. Despite this, we believe it is helpful, for informational
purposes, to compare Rule 3.14 to other RACT rules in effect in other
California districts. This comparison is set forth in our TSD and we
believe Rule 3.14 contains RACT-level control requirements, except for
the NESHAP exemption, that will strengthen the SIP. In addition, the
District has submitted a negative declaration for this source category
in the FRAQMD's 2015 ozone standard RACT SIP. We will evaluate the
FRAQMD's 2015 ozone standard RACT SIP in a future rulemaking.

C. The EPA's Recommendations to Further Improve the Rule

    The TSD also includes recommendations for the next time the local
agency modifies the rule.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted rule because it fulfills all relevant
requirements. We will accept comments from the public on this proposal
until February 18, 2021. If we take final action to approve the
submitted rule, our final action will incorporate this rule 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 FRAQMD Rule 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 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, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

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

    Dated: November 23, 2020.
John Busterud,
Regional Administrator, EPA Region IX.
[FR Doc. 2021-00358 Filed 1-15-21; 8:45 am]
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[Federal Register Volume 78, Number 137 (Wednesday, July 17, 2013)]
[Notices]
[Pages 42774-42775]
[FR Doc No: 2013-17024]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2013-0150; FRL-9389-4]

Agency Information Collection Activities; Proposed Collection;
Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this
document announces that EPA is planning to submit an Information
Collection Request (ICR) to the Office of Management and Budget (OMB).
The ICR, titled ``Requirements for Certified Applicators Using 1080
Collars for Livestock Protection'' and identified by EPA ICR No.
1249.09 and OMB Control No. 2070-0074 represents the renewal of an
existing ICR that is scheduled to expire on March 31, 2014. Before
submitting the ICR to OMB for review and approval, EPA is soliciting
comments on specific aspects of the proposed information collection
that is summarized in this document. The ICR and accompanying material
are available in the docket for public review and comment.

DATES: Comments must be received on or before September 16, 2013.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2013-0150, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.htm.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Rame Cromwell, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What information is EPA particularly interested in?

    Pursuant to PRA section 3506(c)(2)(A) (44 U.S.C. 3506(c)(2)(A)),
EPA specifically solicits comments and information to enable it to:
    1. Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to
be collected.
    4. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

II. What information collection activity or ICR does this action apply
to?

    Title: Requirements for Certified Applicators Using 1080 Collars
for Livestock Protection.
    ICR number: EPA ICR No. 1249.09.
    OMB control number: 2070-0074.
    ICR status: This ICR is currently scheduled to expire on March 31,
2014. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for

EPA's regulations in title 40 of the Code of Federal Regulations (CFR),
after appearing in the Federal Register when approved, are listed in 40
CFR part 9, are displayed either by publication in the Federal Register
or by other appropriate means, such as on the related collection
instrument or form, if applicable. The display of OMB control numbers
for certain EPA regulations is consolidated in 40 CFR part 9.
    Abstract: This ICR potentially affects non-federal Certified
Applicators in three States (New Mexico, South Dakota, and Wyoming),
the State lead agencies for pesticide regulation in those States that
monitor the program and are themselves registrants of 1080 Livestock
Protection Collar products, and one additional registrant. EPA also
receives annual reports on use of a 1080 Livestock Protection Collar
product registered to the U.S. Department of Agriculture, Animal and
Plant Health Inspection Service (USDA/APHIS). That product is applied
in several States by employees of USDA/APHIS. Applicators who are
certified to apply livestock protection collars are required to keep
records of: (a) The number of collars attached on livestock; (b) the
pastures where collared livestock were placed; (c) the dates of each
attachment, inspection, and removal; (d) the number and locations of
livestock found with ruptured or punctured collars and the apparent
cause of the damage; (e) the number, dates, and approximate location of
all collars lost; and (f) the species, locations, and dates of all
suspected poisonings of humans, domestic animals or non-target wild
animals resulting from collar use.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 40
hours per response. Burden is defined in 5 CFR 1320.3(b).
    The ICR, which is available in the docket along with other related
materials, provides a detailed explanation of the collection activities
and the burden estimate that is only briefly summarized here:
    Respondents/Affected Entities: Entities potentially affected by
this ICR are pesticide and other agricultural manufacturers (NAICS
325320), e.g., pesticide registrants whose products include 1080
collars; and government establishments primarily engaged in
administration of environmental quality programs (NAICS 9241) e.g.,
States implementing a 1080 collar monitoring program.
    Estimated total number of potential respondents: 48.
    Frequency of response: Annual.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 1,944 hours.
    Estimated total annual costs: $83,335. This includes an estimated
burden cost of $83,335 and an estimated cost of $0 for capital
investment or maintenance and operational costs.

III. Are there changes in the estimates from the last approval?

    There is no change of 1,944 hours in the total estimated respondent
burden compared with that identified in the ICR currently approved by
OMB.

IV. What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. EPA will issue another
Federal Register document pursuant to 5 CFR 1320.5(a)(1)(iv) to
announce the submission of the ICR to OMB and the opportunity to submit
additional comments to OMB. If you have any questions about this ICR or
the approval process, please contact the person listed under FOR
FURTHER INFORMATION CONTACT.

List of Subjects

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: July 3, 2013.
James Jones,
Acting Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2013-17024 Filed 7-16-13; 8:45 am]
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