13514 Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Proposed Rules 

These comments will be considered 

before taking final action. 

IV. Incorporation by Reference 

In this document, 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, EPA is 

proposing to incorporate by reference 

certain subsections of 25 Pa. Code 

Chapters 121 (General Provisions) and 

127 (Construction, Modification, 

Reactivation and Operation of Sources) 

as identified and discussed in Section II 

of this preamble. 

EPA has made, and will continue to 

make, these materials generally 

available through https://

www.regulations.gov and at the EPA 

Region III 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 CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves 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 it is not a significant 

regulatory action 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 CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed 

rulemaking, pertaining to 

Pennsylvania’s NNSR requirements 

under the 2012 PM2.5 NAAQS, does not 

have tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: March 3, 2021. 

Diana Esher, 

Acting Regional Administrator, Region III. 

[FR Doc. 2021–04824 Filed 3–8–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2020–0543; FRL–10020– 

96–Region 9] 

Air Plan Approval; California; El 

Dorado County Air Quality 

Management District; South Coast Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the El Dorado County Air 

Quality Management District 

(EDCAQMD) and the South Coast Air 

Quality Management District 

(SCAQMD) portions of the California 

State Implementation Plan (SIP). These 

revisions concern emissions of volatile 

organic compounds (VOC) from 

architectural coatings and a rule that 

provides definitions for certain terms 

that are necessary for the 

implementation of local rules that 

regulate sources of air pollution. We are 

proposing to approve the rules 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: Any comments must arrive by 

April 8, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2020–0543 at http://

www.regulations.gov, or via email to 

Arnold Lazarus, at lazarus.arnold@

epa.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. 

For either manner of submission, 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 

http://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Arnold Lazarus, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 972–3024 or by 

email at lazarus.arnold@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 rules did the State submit? 

B. Are there other versions of these rules? 


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1The Environmental Protection Agency lists this 

compound as trans 1-chloro-3,3,3-trifluoroprop-1- 

ene. See 40 CFR 51.100(s)(1). It is identical to the 

version that SCAQMD lists. They both have the 

same Chemical Abstract Services registry number of 

102687–65–0 and molecular formula of C3H2ClF3. 

C. What is the purpose of the submitted 

rules? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. EPA Recommendations To Further 

Improve the Rules 

D. Public Comment and Proposed Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules addressed by 

this proposal with the dates that they 

were adopted by the local air agencies 

and submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Revised/ 

amended Submitted 

EDCAQMD .......................... 215 Architectural Coatings .................................................... 08/25/2020 09/21/2020 

SCAQMD ............................ 102 Definition of Terms ......................................................... 01/10/2020 09/16/2020 

On November 9, 2020, the EPA 

determined that the submittals for 

EDCAQMD Rule 215 and SCAQMD 

Rule 102 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 these 

rules? 

There is a previous version of 

EDAQMD Rule 215 in the SIP, which 

was adopted on September 27, 1994, 

submitted to EPA by CARB on 

November 30, 1994, and approved into 

the SIP on January 1, 1996 (61 FR 

37390). 

There is a previous version of 

SCAQMD Rule 102 in the SIP, which 

was amended on December 3, 2004, 

summited to EPA by CARB on June 16, 

2006, and approved into the SIP on 

January 8, 2007 (72 FR 656). 

C. What is the purpose of the submitted 

rules? 

VOCs contribute to the production of 

ground-level ozone, 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. Architectural coatings are 

coatings that are applied to stationary 

structures and their accessories. They 

include house paints, stains, industrial 

maintenance coatings, traffic coatings, 

and many other products. VOCs are 

emitted from the coatings during 

application and curing, and from the 

associated solvents used for thinning 

and clean-up. 

The EDCAQMD Rule 215 controls 

VOC emissions from architectural 

coatings by establishing VOC limits on 

architectural coatings supplied, sold, 

offered for sale, manufactured, blended, 

or repackaged for use within the 

EDCAQMD, as well as architectural 

coatings applied or solicited for 

application within the District. The 

revisions to Rule 215 include aligning 

the rule with CARB’s ‘‘Suggested 

Control Measure for Architectural 

Coatings,’’ approved in 2007, and 

lowering many of the rule’s VOC limits. 

The technical support document (TSD) 

has more information about this rule. 

The purpose of the submitted rule 

revisions for SCAQMD Rule 102 is to 

clarify and update definitions in the 

rule. The revisions, submitted on 

September 16, 2020, add the following 

five compounds to the list of exempt 

compounds: 

• Methyl formate 

• propylene carbonate 

• 1,1,1,2,3,3,3-heptafluoropropane 

(HFC–227ea) 

• trans-1,3,3,3-tetrafluoropropene 

(HFO–1234ze) 

• trans-1-chloro-3,3,3-trifluoropropene 

(HFO-1233zd) 1

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rules? 

SIP rules 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 EDCAQMD has been 

designated as Severe nonattainment for 

the 1997 and the 2008 8-hour ozone 

National Ambient Air Quality Standards 

(NAAQS) and Moderate for the 2015 8- 

hour ozone NAAQS (40 CFR 81.305). 

Because there is no relevant EPA CTG 

document for architectural coatings and 

because there are no major architectural 

coating sources within the EDCAQMD, 

architectural coatings are not subject to 

RACT requirements. However, 

architectural coatings are subject to 

other VOC content limits and control 

measures described in the TSD. The 

SCAQMD regulates an ozone 

nonattainment area classified as 

Extreme for the 1997, 2008 and 2015 8- 

hour ozone NAAQS (40 CFR 81.305). 

However, the revisions to the SCAQMD 

definitions rule do not have a direct 

effect on air pollution emissions and are 

intended to improve clarity and 

enforceability of other SCAQMD rules, 

and thus are not subject to RACT 

requirements. 

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 and 57 FR 18070, 

April 28, 1992). 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations’’ 

(‘‘the Bluebook,’’ U.S. EPA, May 25, 1988; 

revised January 11, 1990). 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule Deficiencies’’ 

(‘‘the Little Bluebook,’’ EPA Region 9, August 

21, 2001). 

4. National Volatile Organic Compound 

Emission Standards for Architectural 

Coatings, 40 CFR 59, Subpart D. 

5. CARB ‘‘Suggested Control Measure for 

Architectural Coatings,’’ Approved 2007. 

6. Code of Federal Regulations, Title 40, 

Chapter C, Part 51, Subpart F, § Section 

51.100 (s) (1), ‘‘Definitions’’ (40 CFR 51.100). 


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13516 Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Proposed Rules 

B. Do the rules meet the evaluation 

criteria? 

These rules are consistent with CAA 

requirements and relevant guidance 

regarding enforceability, stringency, and 

SIP revisions. The TSDs have more 

information on our evaluation. 

C. EPA Recommendations To Further 

Improve the Rules 

The TSD for Rule 215 describes a 

suggested rule revision that we 

recommend 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 rules because 

they fulfill all relevant requirements. 

We will accept comments from the 

public on this proposal until April 8, 

2021. If we take final action to approve 

the submitted rules, our final action will 

incorporate these rules into the federally 

enforceable SIP. 

III. Incorporation by Reference 

In these rules, 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 EDCAQMD Rule 215 and the 

SCAQMD Rule 102 described in Table 

1 of this preamble. The EPA has made, 

and will continue to make, these 

materials 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). 

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, Particulate matter, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

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

Dated: February 26, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2021–04585 Filed 3–8–21; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 21–50; RM–11875; DA 21– 

159; FR ID 17524] 

Television Broadcasting Cape 

Girardeau, Missouri 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed Rule. 

SUMMARY: The Video Division has before 

it a petition for rulemaking filed 

November 27, 2020 (Petition) by Gray 

Television Licensee, LLC (Petitioner), 

the licensee of KFVS–TV (CBS), channel 

11 (KFVS or Station), Cape Girardeau, 

Missouri. The Petitioner requests the 

substitution of channel 32 for channel 

11 at Cape Girardeau, Missouri in the 

DTV Table of Allotments. In support of 

its channel substitution request, the 

Petitioner states that the Commission 

has recognized that VHF channels have 

certain propagation characteristics 

which may cause reception issues for 

some viewers, and also that the 

‘‘reception of VHF signals require larger 

antennas . . . relative to UHF 

channels.’’ According to the Petitioner, 

‘‘many of its viewers experience 

significant difficulty receiving KFVS– 

TV’s signal’’ and its channel 

substitution proposal will allow KFVS 

‘‘to deliver a more reliable over-the-air 

signal to viewers.’’ The Petitioner 

further states that operation on channel 

32 will not result in any predicted loss 

of service and would result in a 

substantial increase in signal 

receivability for KFVS viewers. We 

believe that the Petitioner’s channel 

substitution proposal warrants 

consideration. Channel 32 can be 

substituted for channel 11 at Cape 

Girardeau, Missouri as proposed, in 

compliance with the principal 

community coverage requirements of 

the Commission’s rules at coordinates 

37–27–46.0 N and 89–30–14.0 W. In 

addition, we find that this channel 

change meets the technical 

requirements set forth in our 

regulations. We believe that the 

Petitioner’s channel substitution 

proposal warrants consideration. 

Channel 32 can be substituted for 

channel 11 at Cape Girardeau, Missouri 

as proposed, in compliance with the 

principal community coverage 

requirements of the Commission’s rules 

at coordinates 37–27–46.0 N and 89–30– 

14.0 W. In addition, we find that this 

channel change meets the technical 

requirements set forth in our 

regulations. 


khammond on DSKJM1Z7X2PROD with PROPOSALS