11686 Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Proposed Rules 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Section 12(d) of the NTTAA directs 

the EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. The EPA believes that this 

action is not subject to the requirements 

of section 12(d) of the NTTAA because 

application of those requirements would 

be inconsistent with the CAA. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

The EPA lacks the discretionary 

authority to address environmental 

justice in this rulemaking. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

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

Dated: February 16, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2021–03482 Filed 2–25–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2020–0674; FRL–10020– 

67–Region 9] 

Air Plan Approval; California; YoloSolano Air Quality Management 

District; Graphic Arts Printing 

Operations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the Yolo-Solano Air Quality 

Management District (YSAQMD) 

portion of the California State 

Implementation Plan (SIP). This 

revision concerns emissions of volatile 

organic compounds (VOCs) from 

graphic arts printing 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 March 29, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2020–0674 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: 

Nicole Law or Shaye Hong, EPA Region 

IX, 75 Hawthorne St., San Francisco, CA 

94105. By phone at (415) 947–4126 or 

(415) 947–4104, or by email at 

Law.Nicole@epa.gov or Hong.Shaye@

epa.gov. 

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 dates that it was 

revised by the local air agency and 

submitted by the California Air 

Resources Board. 

TABLE 1—SUBMITTED RULE

Local agency Rule No. Rule title Revised Submitted 

YSAQMD ................................ 2.29 Graphic Arts Printing Operations ............................................ 07/11/2018 08/20/2018 

On August 23, 2018, the EPA 

determined that the submittal for 

YSAQMD Rule 2.29 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 2.29 into the SIP on August 21, 

1998 (63 FR 44792). The YSAQMD 

adopted revisions to the SIP-approved 

version on August 13, 1997, and May 

14, 2008, but those revisions were never 

submitted to the EPA. We have 

evaluated and compared the most recent 

submittal to the existing SIP approved 

version of Rule 2.29. If we take final 

action to approve the August 23, 2018 

version of Rule 2.29, this version will 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Proposed Rules 11687 

replace the previously approved version 

of this rule in the SIP. 

C. What is the purpose of the submitted 

rule revision? 

Emissions of VOCs contribute to the 

production of ground-level ozone, smog 

and particulate matter (PM), which 

harm human health and the 

environment. Section 110(a) of the CAA 

requires states to submit regulations that 

control VOC emissions. Rule 2.29 

establishes VOC content limits and 

workplace standards to reduce 

emissions related to graphic arts 

operations. 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)). The YSAQMD regulates an 

ozone nonattainment area classified as 

‘‘Severe’’ for the 2008 8-hour ozone 

National Ambient Air Quality Standards 

(NAAQS) and ‘‘Moderate’’ for the 2015 

8-hour ozone NAAQS (40 CFR 81.305). 

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 

Flexible Package Printing,’’ EPA 453/R–06– 

003, September 2006. 

5. ‘‘Control Techniques Guidelines for 

Offset Lithographic Printing and Letterpress 

Printing.’’ EPA 453/R–06–002, September 

2006. 

6. ‘‘Control of Volatile Organic Emissions 

from Existing Stationary Sources- Volume 

VIII: Graphic Arts-Rotogravure and 

Flexography,’’ EPA–450/2–78–033, December 

1, 1978. 

B. Does the rule meet the evaluation 

criteria? 

This rule meets CAA requirements 

and is consistent with relevant guidance 

regarding enforceability, RACT, and SIP 

revisions. The TSD has more 

information on our evaluation. 

C. EPA Recommendations To Further 

Improve the Rule 

The TSD 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 March 29, 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 YSAQMD 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); 

• 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. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
11688 Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Proposed Rules 

1The New York portion of the NYMA, is 

composed of the five boroughs of New York City 

and the surrounding counties of Nassau, Suffolk, 

Westchester, Rockland and the Shinnecock Indian 

Nation. See 40 CFR 81.333. 

Dated: February 19, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2021–03854 Filed 2–25–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2020–0324, FRL–10018– 

42–Region 2] 

Approval and Promulgation of 

Implementation Plans; New York; 

Ozone Season NOX Controls for 

Simple Cycle and Regenerative 

Combustion Turbines 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the New York State 

Implementation Plan (SIP) for ozone 

concerning the control of oxides of 

nitrogen (NOX). The EPA is proposing to 

approve a SIP revision of a New York 

regulation that lowers allowable NOX

emissions from simple cycle and 

regenerative combustion turbines during 

the ozone season. The lower emissions 

from these sources will help to address 

Clean Air Act (CAA) requirements, 

ozone nonattainment, and protect the 

health of New York State residents. 

DATES: Written comments must be 

received on or before March 29, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R02–OAR–2020–0324 at http://

www.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, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Fausto Taveras, Environmental 

Protection Agency, 290 Broadway, New 

York, New York 10007–1866, at (212) 

637–3378, or by email at 

Taveras.Fausto@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

SUPPLEMENTARY INFORMATION section is 

arranged as follows: 

Table of Contents 

I. What action is the EPA proposing? 

II. What is the background for this proposed 

rulemaking? 

III. What did New York submit? 

IV. What is the EPA’s evaluation of New 

York’s SIP submittal? 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. What action is the EPA proposing? 

The EPA is proposing to approve a 

revision to the New York SIP submitted 

by the State of New York on May 18, 

2020. The SIP revision includes a 

newly-adopted regulation, Title 6 of the 

New York Code of Rules and 

Regulations (NYCRR), Subpart 227–3, 

‘‘Ozone Season Oxides of Nitrogen 

(NOX) Emission Limits for Simple Cycle 

and Regenerative Combustion 

Turbines’’, that reduces NOX emissions 

from simple cycle and regenerative 

combustion turbines during the ozone 

season. The EPA is proposing to 

approve New York’s May 2020 SIP 

submittal, which applies to major 

sources of NOX, as a SIP-strengthening 

measure for New York’s ozone SIP. 

The EPA is also proposing to approve 

into the SIP the new version of 6 

NYCRR Subpart 227–3, ‘‘Pre-2003 

Nitrogen Oxides Emissions Budget and 

Allowance Program’’ (New York’s 227– 

3 Trading Program Regulation). New 

York’s 227–3 Trading Program 

Regulation contained a NOX emissions 

budget and allowance trading system 

that is no longer in effect and that New 

York repealed from the New York Code 

of Rules and Regulations on September 

5, 2014. 

II. What is the background for this 

proposed rulemaking? 

2008 and 2015 Ozone NAAQS Revisions 

In March 2008, EPA revised the 

health-based National Ambient Air 

Quality Standard (NAAQS) for ozone to 

0.075 parts per million (ppm) averaged 

over an 8-hour time frame (2008 8-hour 

ozone standard). In October 2015, the 

EPA revised this standard to 0.070 ppm 

averaged over an 8-hour time frame 

(2015 8-hour ozone standard). 

On May 21, 2012, the EPA finalized 

its attainment/nonattainment 

designations for areas across the country 

with respect to the 2008 8-hour ozone 

standard and, on July 20, 2012, the 

designations became effective. See 77 

FR 30160 (May 21, 2012). The New 

York-Northern New Jersey-Long Island 

Connecticut metropolitan area (NYMA) 

was designated by the EPA as a 

‘‘marginal’’ nonattainment area for the 

2008 ozone NAAQS.1 In 2016, the EPA 

determined that the NYMA did not 

attain the 2008 ozone standard by the 

July 20, 2015 attainment date and was 

reclassified from a ‘‘marginal’’ to a 

‘‘moderate’’ nonattainment area. See 81 

FR 26697 (May 4, 2016). State 

attainment plans for ‘‘moderate’’ 

nonattainment areas were due by 

January 1, 2017. See id. On April 30, 

2018, the EPA finalized its attainment/ 

nonattainment designations for most 

areas across the country as to the 2015 

8-hour ozone standard, in which the 

NYMA was designated by the EPA as a 

‘‘moderate’’ nonattainment area. See 83 

FR 25776 (June 4, 2018). On September 

23, 2019, the EPA reclassified the 

NYMA to ‘‘serious’’ nonattainment as to 

the 2008 8-hour ozone standard. See 84 

FR 44238 (August 23, 2019). The serious 

area attainment date and the deadline 

for RACT measures not tied to 

attainment is July 20, 2021. See id. 

New York’s NOX Trading Programs 

On April 19, 2000, the EPA approved 

New York’s 227–3 Trading Program 

Regulation into New York’s SIP for 

ozone. See 65 FR 20905 (April 19, 

2000). New York’s 227–3 Trading 

Program Regulation implemented New 

York’s NOX budget and allowance 

trading program for large electricity and 

industrial sources. The regulation 

addressed New York’s portion of the 

Ozone Transportation Commission 

(OTC) regional nitrogen oxides budget 

and allowance (NOX Budget) trading 

program that reduced NOX emissions 

generated within the Ozone Transport 

Region, which included New York 

State. The OTC had adopted a 

Memorandum of Understanding (MOU) 

on September 27, 1994, which obligated 

signatory states to regionwide ozone 

season reductions in NOX emissions, 

with one phase of reductions occurring 

by 1999, and further NOX emission 

reductions beginning in 2003 to help 

achieve attainment of the 1997 ozone 

NAAQS. New York’s 227–3 Trading 

Program Regulation addressed the 


khammond on DSKJM1Z7X2PROD with PROPOSALS