Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules 43615 

1 74 FR 52427. 2 85 FR 48127. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0371; FRL–8746–01– 

R9] 

Air Plan Approval; California; San 

Diego Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the San Diego Air Pollution 

Control District (SDAPCD) portion of 

the California State Implementation 

Plan (SIP). These revisions concern 

emissions of volatile organic 

compounds (VOCs) from cold solvent 

cleaning and stripping operations and 

from vapor degreasing operations. We 

are proposing to approve changes to 

SIP-approved local 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: Comments must be received on 

or before September 9, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2021–0371 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: 

Robert Schwartz, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 972–3286 or by 

email at schwartz.robert@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? 

C. What is the purpose of the submitted 

rule revisions? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. The EPA’s 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 agency 

and submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULES

Local agency Rule # Rule title Revised and 

adopted Submitted 

SDAPCD .......................................... 67.6.1 Cold Solvent Cleaning and Stripping Operations ......... 02/10/2021 04/20/2021 

SDAPCD .......................................... 67.6.2 Vapor Degreasing Operations ...................................... 02/10/2021 04/20/2021 

On June 7, 2021, the EPA determined 

that the submittal for SDAPCD Rule 

67.6.1 and Rule 67.6.2 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? 

We approved earlier versions of Rule 

67.6.1 and Rule 67.6.2 into the SIP on 

October 13, 2009.1 The SDAPCD 

adopted revisions to the SIP-approved 

versions on February 10, 2021 and 

CARB submitted them to us on April 20, 

2021. If we take final action to approve 

the February 10, 2021 versions of Rule 

67.6.1 and Rule 67.6.2, these versions 

will replace the previously approved 

versions of these rules in the SIP. 

C. What is the purpose of the submitted 

rule revisions? 

Emissions of VOCs contribute to the 

production of ground-level ozone and 

smog, which harm human health and 

the environment. Section 110(a) of the 

CAA requires states to submit 

regulations that control VOC emissions. 

The District revised Rule 67.6.1 to 

include more stringent solvent cleaning 

VOC limits, increase the stringency of a 

qualifying VOC limit for an exemption 

to the rule, and remove an inappropriate 

exemption for sources covered by a 

National Emission Standards for 

Hazardous Air Pollutants (NESHAP) 

standard. Rule 67.6.2 was revised to 

increase the stringency of a qualifying 

VOC limit for an exemption to the rule 

and to add several housekeeping 

updates. 

Additionally, on December 3, 2020 

(85 FR 77996), the EPA partially 

approved and partially disapproved 

SDAPCD’s reasonably available control 

technology (RACT) demonstrations for 

the 2008 8-hr ozone national ambient air 

quality standards (NAAQS) (also 

referred to as the ‘‘2016 RACT SIP’’). 

These deficiencies were identified in 

our August 10, 2020 proposed partial 

approval and partial disapproval.2 For 

Rule 67.6.1, the deficiency identified 

was an inappropriate exemption for 

sources covered by the NESHAP 

standard. Revisions to Rule 67.6.1 were 

submitted on April 20, 2021, in part to 

correct this deficiency. The EPA’s 

technical support document (TSD) has 

more information about these rules. 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rules? 

Rules in the SIP must be enforceable 

(see CAA section 110(a)(2)), must not 

interfere with applicable requirements 


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43616 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules 

3 86 FR 29522 (June 2, 2021). 

4 85 FR 77996 (December 3, 2020) and 85 FR 

48127 (August 10, 2020). 

5Sanctions and FIP clocks still apply as they 

relate to deficiencies in other CTG source categories 

identified elsewhere in our partial disapproval of 

the District’s 2008 RACT SIP (85 FR 77996). 

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 

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 SDAPCD regulates an 

ozone nonattainment area classified as a 

Severe nonattainment area for the 2008 

and 2015 8-hour ozone NAAQS (40 CFR 

81.305).3 Therefore, these rules must 

implement RACT. In addition, we 

evaluated the rule to ensure it cured the 

deficiencies we identified in the partial 

disapproval of the SDAPCD’s 2016 

RACT SIP 4 with respect to the 

requirement to establish RACT-level 

controls for sources covered by the 

‘‘Control Techniques Guidelines for 

Industrial Cleaning Solvents.’’ 

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. 

5. ‘‘Control Techniques Guidelines for 

Industrial Cleaning Solvents,’’ EPA–453/R– 

06–001, September 2006. 

B. Do the rules meet the evaluation 

criteria? 

These rules meet CAA requirements 

and are consistent with relevant 

guidance regarding enforceability, 

RACT, and SIP revisions. The revisions 

to Rule 67.6.1 cure the deficiency 

identified in our partial disapproval of 

SDAPCD’s 2016 RACT SIP with respect 

to the requirement to establish RACTlevel controls for sources covered by the 

Industrial Cleaning Solvents CTG. 

Additionally, the District revised Rule 

67.6.1 to include more stringent solvent 

cleaning VOC limits and to increase the 

stringency of a qualifying VOC limit for 

an exemption to the rule. The District 

revised Rule 67.6.2 to increase the 

stringency of a qualifying VOC limit for 

an exemption to the rule. The TSD has 

more information on our evaluation. 

C. The EPA Recommendations to 

Further Improve the Rules 

We recommend that the District add 

a reference to SDAPCD Rule 67.17 that 

contains provisions for this source 

category supplementary to Rule 67.6.1 

and Rule 67.6.2. The TSD includes 

additional recommendations for the 

next time the local agency modifies the 

rules. 

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 September 

9, 2021. If we take final action to 

approve the submitted rules, our final 

action will incorporate these rules into 

the federally enforceable SIP. In 

addition, if we finalize our approval of 

Rule 67.6.1, it will address our 

obligation to promulgate a Federal 

Implementation Plan for the Industrial 

Cleaning Solvent CTG source category 

associated with our partial disapproval 

of the District’s 2008 RACT SIP, and 

satisfy the District’s requirement to 

establish RACT-level controls for this 

source category.5

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 SDAPCD rules 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). 


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Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules 43617 

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: July 19, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2021–16665 Filed 8–9–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2021–0475; FRL–8754–01– 

R7] 

Air Plan Approval; Missouri; 

Restriction of Emissions From BatchType Charcoal Kilns 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing approval of 

a State Implementation Plan (SIP) 

revision submitted by Missouri on 

January 19, 2021. Missouri requests that 

the EPA approve into Missouri’s SIP 

revisions to its rule related to control of 

emissions from Batch-Type Charcoal 

Kilns. These revisions correct an 

erroneous reference, update, correct and 

clarify references to test methods, 

remove unnecessary words, and make 

other grammatical and typographical 

corrections. These revisions are 

administrative in nature and do not 

impact the stringency of the SIP or have 

an adverse impact to air quality. The 

EPA’s proposed approval of this rule 

revision is being done in accordance 

with the requirements of the Clean Air 

Act (CAA). 

DATES: Comments must be received on 

or before September 9, 2021. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–R07– 

OAR–2021–0475 to https:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. Comments received will be 

posted without change to https:// 

www.regulations.gov/, including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the 

‘‘Written Comments’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Robert F. Webber, Environmental 

Protection Agency, Region 7 Office, Air 

Permitting and Standards Branch, 11201 

Renner Boulevard, Lenexa, Kansas 

66219; telephone number: (913) 551– 

7251; email address: webber.robert@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Written Comments 

II. What is being addressed in this document? 

III. Have the requirements for approval of a 

SIP revision been met? 

IV. What action is the EPA proposing to take? 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Written Comments 

Submit your comments, identified by 

Docket ID No. EPA–R07–OAR–2021– 

0475, at https://www.regulations.gov. 

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 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

II. What is being addressed in this 

document? 

The EPA is proposing to approve 

revisions to the Missouri SIP received 

on January 19, 2021. The revisions are 

to Title 10, Division 10 of the Code of 

State Regulations (CSR), 10 CSR 10– 

6.330 ‘‘Restriction of Emissions From 

Batch-Type Charcoal Kilns’’ which 

establishes emission limits for batchtype charcoal kilns based on operational 

parameters that reflect the Best 

Available Control Technology (BACT) 

for this industry as of August 20, 1997. 

These revisions correct an erroneous 

reference to 10 CSR 10–6.030(21), 

update, correct and clarify references to 

test methods, remove unnecessary 

words, and make other grammatical and 

typographical corrections. These 

revisions are described in detail in the 

technical support document (TSD) 

included in the docket for this action. 

Missouri received no comments 

during the state public comment period. 

The EPA is proposing to approve the 

revisions to this rule because it will not 

have a negative impact on air quality. 

III. Have the requirements for approval 

of a SIP revision been met? 

The State submission has met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The submission also satisfied 

the completeness criteria of 40 CFR part 

51, appendix V. The State provided 

public notice on this SIP revision from 

September 16, 2019 to December 10, 

2019 and received no comments on this 

rulemaking. As explained above, the 

revision meets the substantive SIP 

requirements of the CAA, including 

section 110 and implementing 

regulations. 

IV. What action is the EPA proposing to 

take? 

The EPA is proposing to approve 

Missouri’s request to revise 10 CSR 10– 

6.330. The EPA is soliciting comment 

on the substantive and administrative 

revisions detailed in this proposal and 

the TSD. The EPA is not soliciting 

comment on existing rule text that has 

been previously approved by the EPA 

into the SIP. Final rulemaking will 

occur after consideration of any 

comments. 

V. Incorporation by Reference 

In this document, the EPA is 

proposing to include regulatory text in 

an EPA final rule that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference the Missouri 

Regulation described in the proposed 

amendments to 40 CFR part 52 set forth 

below. The EPA has made, and will 

continue to make, these materials 

generally available through 

www.regulations.gov and at the EPA 

Region 7 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 


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