Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules 39009 

Airbus Helicopters (Previously Eurocopter 

France): Docket No. FAA–2018–0669; 

Product Identifier 2017–SW–041–AD. 

(a) Applicability 

This AD applies to the following 

helicopters, certificated in any category: 

(1) Model AS350B3 helicopters with an 

ARRIEL 2B1 engine with the two-channel 

Full Authority Digital Engine Control 

(FADEC) and with new twist grip 

modification (MOD) 073254 or with an 

ARRIEL 2D engine installed; 

(2) Model EC130B4 helicopters with an 

ARRIEL 2B1 engine with the two-channel 

FADEC and with new twist grip MOD 073773 

installed; and 

(3) Model EC130T2 helicopters with an 

ARRIEL 2D engine installed. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

failure of one of the two contactors, 53Ka or 

53Kb, which can prevent switching from 

‘‘IDLE’’ mode to ‘‘FLIGHT’’ mode during 

autorotation training making it impossible to 

recover from a practice autorotation and 

compelling the pilot to continue the 

autorotation to the ground. This condition 

could result in unintended touchdown to the 

ground at a flight-idle power setting during 

a practice autorotation, damage to the 

helicopter, and injury to occupants. 

(c) Affected ADs 

This AD replaces AD 2016–25–19, 

Amendment 39–18745 (81 FR 95854, 

December 29, 2016). 

(d) Comments Due Date 

We must receive comments by October 9, 

2018. 

(e) Compliance 

You are responsible for performing each 

action required by this AD within the 

specified compliance time unless it has 

already been accomplished prior to that time. 

(f) Required Actions 

(1) Before the next practice autorotation or 

within 100 hours time-in-service (TIS), 

whichever occurs first, inspect the wiring, 

perform an insulation test, inspect the pilot 

and copilot throttle twist grip controls, and 

test the pilot and copilot throttle twist grip 

controls for proper functioning by following 

the Accomplishment Instructions, paragraph 

3.B.1 through 3.B.6, of Airbus Helicopters 

Emergency Alert Service Bulletin (EASB) No. 

05.00.61, Revision 3, dated June 15, 2015, for 

Model AS350B3 helicopters with an ARRIEL 

2B1 engine; EASB No. 05.00.77, Revision 1, 

dated June 15, 2015, for Model AS350B3 

helicopters with an ARRIEL 2D engine; EASB 

No. 05A009, Revision 3, dated June 15, 2015, 

for Model EC130B4 helicopters; or EASB No. 

05A014, Revision 1, dated June 15, 2015, for 

Model EC130T2 helicopters, as appropriate 

for your model helicopter. 

(2) Repeat the inspections in paragraph 

(f)(1) of this AD at intervals not to exceed the 

following compliance times. For purposes of 

this AD, salt laden conditions exist when a 

helicopter performs a flight from a takeoff 

and landing area, heliport, or airport less 

than 0.5 statute mile from salt water or 

performs a flight within 0.5 statute mile from 

salt water below an altitude of 1,000 ft. above 

ground or sea level. 

(i) For helicopters that have operated in 

salt laden conditions since the previous 

inspection required by this AD, at intervals 

not to exceed 330 hours TIS. 

(ii) For helicopters that have not operated 

in salt laden conditions since the previous 

inspection required by this AD, at intervals 

not to exceed 660 hours TIS. 

(g) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Section, Rotorcraft Standards Branch, FAA, 

may approve AMOCs for this AD. Send your 

proposal to: George Schwab, Aviation Safety 

Engineer, Safety Management Group, 

Rotorcraft Directorate, 10101 Hillwood 

Parkway, Fort Worth, Texas 76177; telephone 

(817) 222–5110; email 9-ASW-FTW-AMOCRequests@faa.gov. 

(2) For operations conducted under a 14 

CFR part 119 operating certificate or under 

14 CFR part 91, subpart K, we suggest that 

you notify your principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office or 

certificate holding district office before 

operating any aircraft complying with this 

AD through an AMOC. 

(h) Additional Information 

The subject of this AD is addressed in 

European Aviation Safety Agency (EASA) AD 

No. 2017–0059, dated April 6, 2017. You may 

view the EASA AD on the internet at http:// 

www.regulations.gov in the AD Docket. 

(i) Subject 

Joint Aircraft Service Component (JASC) 

Code: 7697 Engine Control System Wiring. 

Issued in Fort Worth, Texas, on July 11, 

2018. 

Scott A. Horn, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2018–16494 Filed 8–7–18; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2018–0153; FRL–9981– 

76—Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Amendment to Control of 

Emissions of Volatile Organic 

Compounds From Consumer Products 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) revision 

submitted by the State of Maryland. 

This revision pertains to Code of 

Maryland Regulations (COMAR) 

26.11.32—Control of Emissions of 

Volatile Organic Compounds (VOCs) 

from Consumer Products. This action is 

being taken under the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before September 7, 

2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2018–0153 at http://

www.regulations.gov, or via email to 

Susan Spielberger, Associate Director, 

Office of Air Planning and Programs, 

Spielberger.Susan@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, 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. 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://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Becoat (215) 814–2036, or by 

email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

November 16, 2017, the Maryland 

Department of Environment (MDE) 

submitted a revision to its SIP for 

COMAR 26.11.32—Control of Emissions 

of Volatile Organic Compounds from 

Consumer Products. The amendment is 

part of Maryland’s strategy to achieve 

and maintain the 8-hour ozone national 

ambient air quality standards (NAAQS) 

throughout the State. 

I. Background 

EPA has designated certain areas 

within Maryland as nonattainment for 

the 2008 ozone NAAQS. See 40 CFR 


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81.321. Also, all of Maryland is 

included in the Ozone Transport Region 

(OTR) and is therefore treated as a 

moderate nonattainment area for ozone. 

See CAA section 184(a), (b)(2), 42 U.S.C. 

7511c(a), (b)(2). Therefore, Maryland 

must continue to enact regulations to 

gain further reductions of the emissions 

of VOCs, a class of compounds that are 

precursors to ground-level ozone. Ozone 

is formed in the atmosphere by 

photochemical reactions between VOCs 

and oxides of nitrogen (NOX) in the 

presence of sunlight. In order to reduce 

ozone concentrations, the CAA requires 

control of VOC and NOX emission 

sources to achieve VOC and/or NOX

emission reductions in nonattainment 

areas. 

In December 1999, EPA identified 

emission reduction shortfalls in several 

severe 1-hour ozone nonattainment 

areas, including those located in the 

OTR. The Ozone Transport Commission 

(OTC) developed model rules for a 

number of source categories. One of the 

model rules was to reduce VOC 

emissions from consumer products. The 

OTC model rules are based on existing 

rules developed by the California Air 

Resources Board (CARB) in 2001 (See 

‘‘OTC Model Rule for Consumer 

Products,’’ issued March 28, 2001, 

revised November 29, 2001, and April 

23, 2002), which were then analyzed 

and modified by OTC-formed 

workgroups to address emission 

reduction needs in the OTR. The 2001 

OTC model rule set VOC emission 

limits on nearly 80 percent of the 

consumer product categories. Maryland 

adopted the 2001 OTC model rule for 

consumer products under COMAR 

26.11.32—Control of Emissions of 

Volatile Organic Compounds from 

Consumer Products, on August 18, 

2003. EPA approved Maryland’s 

adopted regulation COMAR 26.11.32 as 

part of the SIP on December 8, 2004 (69 

FR 70895). The OTC model rule for 

consumer products was amended on 

September 19, 2006, based upon 

changes by CARB in 2005. Maryland 

adopted the amended 2006 OTC model 

rule for consumer products under 

COMAR 26.11.32—Control of Emissions 

of Volatile Organic Compounds from 

Consumer Products, on June 8, 2007. 

The amended model rule added 

fourteen consumer product categories 

with new product category definitions 

and VOC limits; revised one previously 

regulated category with a more 

restrictive VOC limit; and established 

additional requirements for two 

previously regulated categories. EPA 

approved Maryland’s amended 

regulation into the SIP on December 10, 

2007 (72 FR 69621). Maryland again 

amended its consumer products 

regulation and on October 18, 2010 (75 

FR 63717), EPA approved Maryland’s 

SIP revision to COMAR 26.11.32— 

Control of Emissions of Volatile Organic 

Compounds from Consumer Products. 

This SIP revision added and amended 

definitions; added VOC content limits 

for an additional 11 categories of 

consumer products; and revised the 

VOC content limits for one category of 

consumer products that was already 

regulated. 

MDE’s November 16, 2017 SIP 

revision asks EPA to approve into the 

SIP recent amendments to COMAR 

26.11.32—Control of Emissions of 

Volatile Organic Compounds from 

Consumer Products, in order to institute 

the requirements of the 2010 and 2014 

OTC model rules for consumer 

products. The 2010 and 2014 model 

rules were developed as part of a 

regional effort to attain and maintain the 

8-hour ozone NAAQS, and reduce 8- 

hour ozone levels. The 2010 OTC model 

rule reflected changes made by the 2006 

CARB rule. The 2014 OTC model rule 

reflected changes made by the 2009 

CARB rule. The OTC model rules 

further enhance VOC standards for 

specific consumer products and 

introduces VOC standards for new 

products. The amendments to COMAR 

26.11.32—Control of Emissions of 

Volatile Organic Compounds from 

Consumer Products, consists of updates 

to the VOC content limits and standards 

for a variety of consumer product 

categories, including personal care 

products, household products, 

automotive cleaners, and adhesives. The 

regulations set forth content and 

labeling requirements for flammable 

multi-purpose solvents and paint 

thinners. In addition, the regulations 

prohibit the sale, offer for sale, supply, 

or manufacture for use in the State of 

certain products manufactured on or 

after January 1 that contain methylene 

chloride, perchloroethylene, or 

trichloroethylene. These products 

include any bathroom and tile cleaner, 

construction panel and floor covering 

adhesive, electronic cleaner labeled 

‘‘Energized Electronic Equipment use 

only,’’ general purpose cleaner, or oven 

or grill cleaner. The amendments also 

establish VOC standards for 11 new 

consumer product categories. In 

addition, the amendments further 

strengthen the VOC standards for 15 

consumer product categories based on 

improved reformulations of these 

products that are capable of achieving 

lower VOC emissions while 

demonstrating an ability to maintain 

performance specifications for the 

products. The amendments also 

incorporate new definitions and 

numerous modifications to existing 

definitions to improve clarity. In 

particular, MDE amended the structure 

of the definition, exemptions, and VOC 

standard for the artist’s thinner/solvent 

consumer product category without 

changing the regulatory language, which 

remains consistent with the 2009 CARB 

rule and the 2014 OTC model rule. 

It is important to note that the 2006 

CARB rule eliminated the ‘‘hair styling 

gel’’ category and now considers gels to 

fall under ‘‘hair styling product—all 

other forms.’’ Moving gels under the 

‘‘hair styling product—all other forms’’ 

category reduced the VOC limit from 6 

to 2 percent VOC by weight. The 2014 

OTC model rule did not address this 

amendment as intended; however, MDE 

amended ‘‘hair styling gel’’ to be 

included under the ‘‘hair styling 

product—all other forms’’ category to 

meet the VOC limit of 2 percent VOC by 

weight in order to remain consistent 

with CARB. 

II. Summary of SIP Revision and EPA 

Analysis 

The SIP revision consists of 

Maryland’s revision to regulations .01– 

.06, .08, .12, .14, .16, and the addition 

of a new regulation .05–1, under 

COMAR 26.11.32—Control of Emissions 

of VOCs from Consumer Products. 

Generally, the regulations establish or 

amend VOC content limits and 

standards for a variety of consumer 

product categories, including personal 

care products, household products, 

automotive cleaners, and adhesives, in 

order to be consistent with the CARB 

and OTC model rules. The regulations 

also, among other things: 

1. Set forth content and labeling 

requirements for flammable multipurpose solvent and paint thinner; 

2. prohibit the sale, offer for sale, 

supply, or manufacture for use in the 

State of specified products that contain 

methylene chloride, perchloroethylene, 

or trichloroethylene, which are 

compounds that are potential 

carcinogens; and 

3. make various updates to the 

applicability provisions, documents 

incorporated by reference, definitions, 

reporting requirements, exemptions, 

and test methods. 

Substantial amendments were made 

to COMAR 26.11.32.04—Standards— 

General, to establish that a person may 

not sell, supply, offer for sale, or 

manufacture for sale in the State a 

consumer product that contains VOCs 

in excess of limits specified in COMAR 

26.11.32.04B based on the CARB and 

OTC model rules. The following 11 


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consumer products categories were 

added, including the VOC standards 

limits in parentheses based on percent 

VOC by weight: (1) Dual Purpose Air 

freshener/Disinfectant, Aerosol (60); (2) 

Anti-Static Product, Aerosol (80); (3) 

Artist’s Solvent/Thinner (3); (4) 

Automotive Windshield Cleaner (35); 

(5) Disinfectant, Aerosol (70); (6) 

Disinfectant, Non-Aerosol (1); (7) MultiPurpose Solvent (3); (8) Paint Thinner 

(3); (9) Sanitizer, Aerosol (70); (10) 

Sanitizer, Non-Aerosol (1); and (11) 

Temporary Hair Color, Aerosol (55). 

The following existing 15 consumer 

products categories were amended, 

including the VOC content limits in 

parentheses based on percent VOC by 

weight: (1) Adhesive—Construction, 

Panel and Floor (7); (2) Automotive 

Brake Cleaner (category changed to 

Brake Cleaner (10); (3) Bathroom and 

Tile Cleaner, All Other Forms 

(subcategory changed to Non-Aerosol 

(1); (4) Carburetor or Fuel-Injection Air 

Intake Cleaner (10); (5) Engine 

Degreaser, Aerosol (10); (6) Floor Polish/ 

Wax, Resilient Flooring Material (1); (7) 

Floor Polish/Wax, Non-resilient 

Flooring Material (1); (8) Furniture 

Maintenance Product, All Other Forms 

(subcategory changed to Non-Aerosol) 

(3); (9) General Purpose Cleaner, 

Aerosol (8); (10) General Purpose 

Degreaser, Aerosol (10); and (11) 

Laundry Starch/Sizing/Fabric Finish 

Product (4.5); (12) Nail Polish Remover 

(1); (13) Oven or Grill Cleaner, NonAerosol (subcategory changed to NonAerosol) (4); (14) Oven or Grill Cleaner, 

Aerosol (8); and (15) Shaving Gel (4). 

In addition to these revised and new 

standards, Maryland added a 

requirement for ‘‘flammable and 

extremely flammable multi-purpose 

solvent and paint thinner,’’ to meet the 

formulated California VOC limits. The 

revision will continue to help Maryland 

attain and maintain the eight-hour 

ozone standard for the 2008 NAAQS. 

The revision is expected to result in 

estimated statewide VOC emissions 

reduction potential of approximately 6.3 

tons per day through the 

implementation of standards for new 

and existing forms of consumer 

products. This estimate is based on the 

proposed emissions benefit 

methodology of CARB and OTC model 

rules. 

Further details of Maryland’s 

regulation revisions and the CARB and 

OTC model rules for consumer products 

can be found in the docket of this 

proposed rulemaking EPA–R03–OAR– 

2018–0153 on www.regulations.gov. 

III. Proposed Action 

EPA is proposing to approve MDE’s 

amendments to COMAR 26.11.32— 

Control of Emissions of VOCs from 

Consumer Products, that adopts the 

VOC limits established in the 2010 and 

2014 OTC model rules for consumer 

products, based on the 2006 and 2009 

CARB rules; respectively (with the 

exception of the previously discussed 

‘‘hair styling gel’’ category). The OTR 

estimated regional VOC emission 

reductions of approximately 15 percent 

if all OTR states, including Maryland, 

adopts the 2010 and 2014 model rules. 

EPA’s review of this material indicates 

that the revisions made to COMAR 

26.11.32—Control of Emissions of VOCs 

from Consumer Products, meet the SIP 

revision requirements of the CAA. EPA 

is proposing to approve the State of 

Maryland’s SIP revision for the control 

of emissions of VOCs from consumer 

products, which was submitted on 

November 19, 2017. EPA is soliciting 

public comments on the proposed 

adoption of these changes into the 

Maryland SIP. 

IV. Incorporation by Reference 

In this proposed rule, 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 the specific provisions of the 

Maryland rule discussed in section II of 

this preamble. EPA has made, and will 

continue to make, these materials 

generally available through http://

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 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 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 rule, to 

approve amendments to the State of 

Maryland’s COMAR 26.11.32—Control 

of Emissions of Volatile Organic 

Compounds from Consumer Products, 

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, Consumer products, 

Incorporation by reference, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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


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39012 Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules 

1 81 FR 58010, August 24, 2016. 

2 706 F.3d 428 (D.C. Cir. 2013). 

3This requirement was codified in 40 CFR 

51.165(a)(13). See 81 FR 58010, August 24, 2016. 

Dated: July 24, 2018. 

Cecil Rodrigues, 

Acting Regional Administrator, Region III. 

[FR Doc. 2018–16776 Filed 8–7–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2018–0413; FRL–9981– 

73—Region 9] 

Revisions to California State 

Implementation Plan; South Coast Air 

Quality Management District; 

Stationary Source Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing action on a 

revision to the South Coast Air Quality 

Management District (SCAQMD or 

District) portion of the California State 

Implementation Plan (SIP). We are 

proposing a conditional approval of an 

update to provisions governing issuance 

of permits for stationary sources, 

including review and permitting of 

major sources and major modifications 

under part D of title I of the Clean Air 

Act (CAA). Specifically, the revision 

pertains to SCAQMD Rule 1325— 

Federal PM2.5 New Source Review 

Program. We are taking comments on 

this proposal and a final action will 

follow. 

DATES: Any comments must arrive by 

September 7, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2018–0413 at http://

www.regulations.gov, or via email to 

R9AirPermits@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be removed or edited 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://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Laura Yannayon, EPA Region 9, (415) 

972–3534, yannayon.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to 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? 

II. The EPA’s Evaluation 

A. How is the EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

III. Proposed Action and Public Comment 

IV. Incorporation by Reference 

V. 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 it was adopted 

by SCAQMD and submitted by the 

California Air Resources Board (CARB), 

the governor’s designee for California 

SIP submittals. Rule 1325 contains the 

District’s New Source Review (NSR) 

permit program applicable to new and 

modified major sources emitting fine 

particulate matter (PM2.5) and PM2.5

precursors. 

TABLE 1—SUBMITTED RULE

Rule No. Rule title Amended Submitted 

1325 ............... Federal PM2.5 New Source Review Program ............................................................................. 11/4/16 5/8/17 

On November 1, 2017, CARB’s May 8, 

2017 submittal of Rule 1325 was 

deemed to meet the completeness 

criteria in 40 CFR part 51, appendix V. 

Completeness criteria must be met 

before formal EPA review. 

B. Are there other versions of this rule? 

The current SIP contains a version of 

Rule 1325—Federal PM2.5 New Source 

Review Program, approved into the SIP 

on May 1, 2015 (80 FR 24821). 

Consistent with the District’s stated 

intent to have the submitted rule replace 

the existing SIP-approved rule in its 

entirety, EPA’s conditional approval of 

the rule identified above in Table 1 

would have the effect of entirely 

superseding our prior approval of the 

same rule in the current SIP-approved 

program. 

C. What is the purpose of the submitted 

rule? 

For areas designated as nonattainment 

for one or more National Ambient Air 

Quality Standards (NAAQS), the SIP 

must include preconstruction permit 

requirements for new or modified major 

stationary sources of such 

nonattainment pollutant(s), commonly 

referred to as ‘‘Nonattainment New 

Source Review’’ (NNSR). CAA 172(c)(5). 

SCAQMD Rule 1325 addresses NNSR 

permit requirements for major sources 

of PM2.5. Rule 1325 has been amended 

to address SCAQMD’s reclassification 

from a Moderate to a Serious PM2.5

nonattainment area and to implement 

additional provisions pertaining to 

precursors, as promulgated in EPA’s 

rule entitled Fine Particulate Matter 

National Ambient Air Quality 

Standards: State Implementation Plan 

Requirements (‘‘2016 Implementation 

Rule’’).1

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule? 

Under EPA’s 2016 Implementation 

Rule, which implements the D.C. Circuit 

court’s January 2013 decision in NRDC 

v. EPA,2 areas classified as 

nonattainment for any PM2.5 NAAQS 

are required to comply with the parts of 

CAA subpart 4 section 189(e) 3 that 

require the control of major stationary 

sources of PM10 precursors (and hence 

under the court decision, PM2.5

precursors) ‘‘except where the 

Administrator determines that such 

sources do not contribute significantly 


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