Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Proposed Rules 47435 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at https://

www.regulations.gov. If your material 

cannot be submitted using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. 

Comments we post to https://

www.regulations.gov will include any 

personal information you have 

provided. For more about privacy and 

submissions in response to this 

document, see DHS’s eRulemaking 

System of Records notice (85 FR 14226, 

March 11, 2020). 

Documents mentioned in this NPRM 

as being available in the docket, and 

public comments, will be in our online 

docket at https://www.regulations.gov 

and can be viewed by following that 

website’s instructions. We review all 

comments received, but we will only 

post comments that address the topic of 

the proposed rule. We may choose not 

to post off-topic, inappropriate, or 

duplicate comments that we receive. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard is proposing 

to amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1. 

■ 2. Add § 165.T01–0344 to read as 

follows: 

§ 165.T01–0344 Safety Zone; Piscataqua 

River Turning Basin Dredge Project, 

Portsmouth, NH. 

(a) Locations. The following areas are 

a safety zone: (1) Safety zone 1. All 

navigable waters of the Piscataqua 

River, from surface to bottom, within a 

100-yard radius around any vessel, 

barge, or dredging equipment engaged 

in dredging operations. 

(2) Safety zone 2. All navigable waters 

of the Piscataqua River, from surface to 

bottom, within a 500-yard radius around 

any vessel, barge, or dredging 

equipment engaged in blasting 

operations and any blasting worksites. 

(b) Definitions. As used in this 

section, Designated Representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Northern New England (COTP) 

in the enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s Designated 

Representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

Designated Representative via VHF–FM 

marine channel 16 or by contacting the 

Coast Guard Sector Northern New 

England Command Center at (207) 741– 

5465. Those in the safety zone must 

comply with all lawful orders or 

directions given to them by the COTP or 

the COTP’s Designated Representative. 

(d) Enforcement period. This section 

is effective from October 15, 2021, 

through April 15, 2022, but will only be 

enforced while dredging or blasting 

operations are in progress. The Coast 

Guard will utilize Broadcast Notice to 

Mariners and Local Notice to Mariners 

to notify the public of the time and 

duration that these safety zones will be 

enforced. 

Dated: August 16, 2021. 

A.E. Florentino, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Northern New England. 

[FR Doc. 2021–17891 Filed 8–24–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0524; FRL–8808–01– 

R9] 

Air Plan Approval; California; Eastern 

Kern Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the Eastern Kern Air 

Pollution Control District (EKAPCD) 

portion of the California State 

Implementation Plan (SIP) concerning 

the EKAPCD’s demonstration regarding 

reasonably available control technology 

(RACT) requirements and negative 

declarations for the 2008 8-hour ozone 

National Ambient Air Quality Standards 

(NAAQS or ‘‘standards’’) in the portion 

of the Kern County nonattainment area 

under the jurisdiction of EKAPCD. We 

are proposing action on a SIP revision 

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 24, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2021–0524 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, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 947–4126 or by 

email at Law.Nicole@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 document did the State submit? 

B. Are there other versions of this 

document? 


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1The EPA has since reclassified the Eastern Kern 

ozone nonattainment area to ‘‘Serious’’ on July 5, 

2018 (83 FR 31334) and ‘‘Severe’’ on June 7, 2021 

(86 FR 30204). 

2 80 FR 12264 (March 6, 2015). 

3 Id. at 12278. 

4 Id.; 70 FR 71612, 71652 (November 29, 2005). 

5Technical Support Document for EPA’s Clean 

Air Act Rulemaking for the California State 

Implementation Plan Eastern Kern County Air 

Pollution Control District Negative Declaration for 

Control Techniques Guidelines for the Oil and 

Natural Gas Industry date August 2020 and 

prepared by Sina Schwenk-Mueller. 

6 57 FR 13498, 13512 (April 16, 1992). 

C. What is the purpose of the submitted 

document? 

D. What portion of the RACT SIP submittal 

is addressed in this notice? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the 

submitted document? 

B. Does the document meet the evaluation 

criteria? 

C. The EPA’s Recommendations to Further 

Improve the RACT SIP 

D. Public Comment and Proposed Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What document did the State submit? 

Table 1 lists the document addressed 

by this proposal with the date that it 

was adopted by the local air agency and 

submitted by the California Air 

Resource Board (CARB). 

TABLE 1—SUBMITTED DOCUMENT

Local agency Document Adopted Submitted 

EKAPCD ........... Eastern Kern Air Pollution Control District Reasonably Available Control Technology 

(RACT) State Implementation Plan (SIP) For The 2008 Ozone National Ambient Air 

Quality Standards (NAAQS) (‘‘2017 RACT SIP’’).

05/11/2017 08/09/2017 

On February 9, 2018 the submittal for 

the EKAPCD 2017 RACT SIP was 

deemed by operation of law to meet 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 

document? 

There are no previous versions of the 

RACT SIP and negative declarations in 

the EKAPCD portion of the California 

SIP for the 2008 ozone NAAQS. 

C. What is the purpose of the submitted 

document? 

Emissions of volatile organic 

compounds (VOCs) and oxides of 

nitrogen (NOX) 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 and NOx emissions. 

Sections 182(b)(2) and (f) require that 

SIPs for ozone nonattainment areas 

classified as Moderate or above 

implement RACT for any source 

covered by a Control Techniques 

Guidelines (CTG) document and for any 

major source of VOCs or NOX. The 

EKAPCD is subject to this requirement 

as it regulates the Eastern Kern ozone 

nonattainment area that was designated 

and classified as a Moderate 

nonattainment area for the 2008 8-hour 

ozone NAAQS at the time of submittal.1

Therefore, the EKAPCD must, at a 

minimum, adopt RACT-level controls 

for all sources covered by a CTG 

document and for all major non-CTG 

sources of VOCs or NOX within the 

ozone nonattainment area that it 

regulates. Any stationary source that 

emits or has the potential to emit at least 

100 tons per year (tpy) of VOCs or NOX

is a major stationary source in a 

Moderate ozone nonattainment area 

(CAA section 182(b)(2), (f) and 302(j)). 

Section III.D of the preamble to the 

EPA’s final rule to implement the 2008 

ozone NAAQS discusses RACT 

requirements.2 It states, in part, that 

RACT SIPs must contain adopted RACT 

regulations, certifications (where 

appropriate) that existing provisions are 

RACT, and/or negative declarations that 

no sources in the nonattainment area are 

covered by a specific CTG.3 It also 

provides that states must submit 

appropriate supporting information for 

their RACT submissions as described in 

the EPA’s implementation rule for the 

1997 ozone NAAQS.4 The EKAPCD’s 

RACT SIP submittal (‘‘2017 RACT SIP’’) 

and negative declarations provide 

EKAPCD’s analyses of its compliance 

with the CAA section 182 RACT 

requirements for the 2008 8-hour ozone 

NAAQS. 

The EPA’s technical support 

document (TSD) has more information 

about EKAPCD’s RACT SIP, negative 

declarations, and the EPA’s evaluations 

thereof. 

D. What portion of the RACT SIP 

submittal is addressed in this notice? 

This proposal is one of three EPA 

actions on the EKAPCD 2017 RACT SIP 

submittal. The other two actions are as 

follows: 

(1) On January 14, 2021, the EPA 

approved EKAPCD’s negative 

declaration for the CTG category 

associated with the Oil and Natural Gas 

Industry (EPA–453/B–16–001). We 

assessed internet sites for California’s 

Department of Conservation Geologic 

Energy Management Devisions 

(CalGEM) Well Finder, CARB’s 

pollution mapping tool, and the 

California Energy Commission’s 

California Natural Gas Pipelines and 

determined there were no oil and gas 

operations within EKAPCD’s 

jurisdiction convered by the Oil and 

Natural Gas CTG.5

(2) The amended rules for major 

source NOX were submitted separately 

on May 23, 2018 and August 22, 2018. 

These rules and the RACT certification 

for major source NOX will be addressed 

in a separate action. 

This proposed action addresses the 

remainder of the 2017 RACT SIP 

submission. Additional details about the 

submission and the EPA’s separate 

actions thereon are available in the TSD. 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the 

submitted document? 

Generally, SIP rules must require 

RACT for each category of sources 

covered by a CTG document as well as 

each major source of VOCs or NOX in 

ozone nonattainment areas classified as 

Moderate or above (see CAA section 

182(b)(2)). At the time of submittal, the 

EKAPCD regulated an ozone 

nonattainment area classified as 

Moderate for the 2008 ozone standard 

(40 CFR 81). Therefore, the EKAPCD 

rules must implement RACT. 

States should also submit for SIP 

approval negative declarations for those 

source categories for which they have 

not adopted RACT-level regulations 

(because they have no sources above the 

CTG-recommended applicability 

threshold), regardless of whether such 

negative declarations were made for an 

earlier SIP.6 To do so, the submittal 

should provide reasonable assurance 

that no sources subject to the CTG 


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requirements currently exist in the 

portion of the ozone nonattainment area 

that is regulated by the EKAPCD. 

The District’s analysis must 

demonstrate that each major source of 

VOCs or NOX in the ozone 

nonattainment area is covered by a 

RACT-level rule. In addition, for each 

CTG source category, the County must 

either demonstrate that a RACT-level 

rule is in place or submit a negative 

declaration. Guidance and policy 

documents that we use to evaluate CAA 

section 182 RACT requirements 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. ‘‘State Implementation Plans; Nitrogen 

Oxides Supplement to the General Preamble; 

Clean Air Act Amendments of 1990 

Implementation of Title I; Proposed Rule,’’ 

(the NOX Supplement), 57 FR 55620, 

November 25, 1992. 

5. Memorandum dated May 18, 2006, from 

William T. Harnett, Director, Air Quality 

Policy Division, to Regional Air Division 

Directors, Subject: ‘‘RACT Qs & As— 

Reasonably Available Control Technology 

(RACT): Questions and Answers.’’ 

6. ‘‘Final Rule to Implement the 8-hour 

Ozone National Ambient Air Quality 

Standard—Phase 2,’’ 70 FR 71612 (November 

29, 2005). 

7. ‘‘Implementation of the 2008 National 

Ambient Air Quality Standards for Ozone: 

State Implementation Plan Requirements,’’ 

80 FR 12264 (March 6, 2015). 

B. Does the document meet the 

evaluation criteria? 

EKAPCD’s 2017 RACT SIP provides 

the District’s demonstration that the 

applicable SIP for the EKAPCD satisfies 

CAA section 182 RACT requirements for 

the 2008 8-hour ozone NAAQS. This 

conclusion is based on EKAPCD’s 

analysis of SIP-approved requirements 

that apply to the following: (1) Source 

categories for which a CTG has been 

issued, and (2) major non-CTG 

stationary sources of VOC or NOX

emissions. 

With respect to CTG source 

categories, EKAPCD analyzed in Section 

VI., ‘‘RACT ANALYSIS,’’ of the 2017 

RACT SIP those rules and source 

categories that had sources within the 

District subject to the CTGs. Based on 

our analysis, the EPA concludes that 

EKAPCD’s analysis has demonstrated 

that the required rules are in place. In 

this rulemaking, we propose to find that 

EKAPCD Rules 410.3, 410.4, 410.8, 

410.9, and 412 establish RACT-level 

controls for the sources within the 

following CTG categories: ‘‘Design 

Criterial for Stage I Vapor Control 

Systems—Gasoline Service Stations’’ 

(EPA–450/R–75–102), ‘‘Control of 

Volatile Organic Emissions from Solvent 

Metal Cleaning’’ (EPA–450/2–77–022), 

‘‘Control of Volatile Organic Emissions 

from Existing Stationary Sources— 

Volume VI: Surface Coating of 

Miscellaneous Metal Parts and 

Products’’ (EPA–450/2–78–015), 

‘‘Control of Volatile Organic Compound 

Leaks from Gasoline Tank Trucks and 

Vapor Collection Systems’’ (EPA–450/ 

2–78–051), ‘‘Control Technique 

Guidelines for Miscellaneous Metal and 

Plastic Parts Coatings’’ (EPA–453/R–08– 

003), ‘‘Control of Volatile Organic 

Compound Emissions from Wood 

Furniture Manufacturing Operations’’ 

(EPA–453/R–96–007), and ‘‘Control of 

Volatile Organic Compound Emissions 

from Coating Operations at Aerospace 

Manufacturing and Rework Operations’’ 

(EPA–453/R–97–004). Our TSD has 

additional information about our 

evaluation of these rules. 

Where there are no existing sources 

covered by a particular CTG document, 

or no major non-CTG sources of NOX or 

VOC, states may, in lieu of adopting 

RACT requirements for those sources, 

adopt negative declarations certifying 

that there are no such sources in the 

relevant nonattainment area. Table 6 of 

the 2017 RACT SIP lists EKAPCD’s 

negative declarations where it has no 

sources subject to the applicable CTGs 

for the 2008 8-hour ozone NAAQS. 

These negative declarations are listed in 

Table 2 below. EKAPCD concludes that 

it has no sources subject to the CTGs 

based on a review of its permit files, 

emission inventory, and consultation 

with permitting and enforcement staff. 

Additionally, EKAPCD determined it 

had sources exceeding the 100 tpy major 

source threshold for NOX and VOC. 

However, Table 5 of the 2017 RACT SIP 

indicates EKAPCD’s negative 

declaration that there are no non-CTG 

major VOC sources for the 2008 8-hour 

ozone NAAQS. As described in more 

detail in our TSD, we conclude that 

EKAPCD properly identified all major 

non-CTG sources requiring RACT. 

We reviewed EKAPCD’s list of 

negative declarations in Table 6 of the 

2017 RACT SIP and California 

Emissions Inventory data to verify the 

District’s conclusion that it has no 

stationary sources subject to the CTG 

source categories for which it has 

adopted a negative declaration. We 

agree with the District’s negative 

declarations in the 2017 RACT SIP and 

propose to approve them into the SIP. 

TABLE 2—EKAPCD NEGATIVE DECLARATIONS

CTG document number and date CTG document title 

(EPA–450–2–77–008, 1977/05) ..... Control of Volatile Organic Emissions from Existing Stationary Sources—Volume II: Surface Coating of 

Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks. 

(EPA–450/2–77–025, 1977/10) ...... Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds. 

(EPA–450/2–77–026, 1977/10) ...... Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals. 

(EPA–450/2–77–032, 1977/12) ...... Control of VOC Emissions from Existing Stationary Sources—Volume III: Surface Coating of Metal Furniture. 

(EPA–450/2–77–033, 1977/12) ...... Control of Volatile Organic Emissions from Existing Stationary Sources—Volume IV: Surface Coating of Insulation of Magnet Wire. 

(EPA–450/2–77–034, 1977/12) ...... Control of VOC Emissions from Existing Stationary Sources—Volume V: Surface Coating of Large Appliances. 

(EPA–450/2–77–035, 1977/12) ...... Control of VOC Emissions from Bulk Gasoline Plants. 

(EPA–450/2–77–036, 1977/12) ...... Control of VOC Emissions from Storage of Petroleum Liquids in Fixed-Roof Tanks. 

(EPA–450/2–77–037, 1977/12) ...... Control of VOC Emissions from Use of Cutback Asphalt. 

(EPA–450/2–78–032, 1978/06) ...... Control of VOC Emissions from Existing Stationary Sources—Volume VII: Factory Surface Coating of Flat 

Wood Paneling. 

(EPA–450/2–78–036, 1978/06) ...... Control of VOC Leaks from Petroleum Refinery Equipment. 

(EPA–450/2–78–029, 1978/12) ...... Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products.

(EPA–450/2–78–030, 1978/12) ...... Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires. 


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TABLE 2—EKAPCD NEGATIVE DECLARATIONS—Continued 

CTG document number and date CTG document title 

(EPA–450/2–78–033, 1978/12) ...... Control of VOC Emissions from Existing Stationary Sources—Volume VIII: Graphic Arts-Rotogravure and 

Flexography. 

(EPA–450/2–78–047, 1978/12) ...... Control of VOC Emissions from Petroleum Liquid Storage in External Floating Roof Tanks. 

(EPA–450/3–82–009, 1982/09) ...... Control of VOC Emissions from Large Petroleum Dry Cleaners. 

(EPA–450/3–83–008, 1983/11) ...... Control of VOC Emissions from Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene 

Resins. 

(EPA–450/3–83–007, 1983/12) ...... Control of VOC Equipment Leaks from Natural Gas/Gasoline Processing Plants. 

(EPA–450/3–83–006, 1984/03) ...... Control of VOC Leaks from Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment. 

(EPA–450/2–78–029, 1978/12) ...... Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products.

(EPA–450/3–84–015, 1984/12) ...... Control of VOC Emissions from Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry. 

(EPA–450/4–91–031, 1993/08) ...... Control of VOC Emissions from Reactor Processes and Distillation Operations in Synthetic Organic Chemical Manufacturing Industry. 

(61 FR 44050 8/27/1996, 1996/08) Control Techniques Guidelines for Shipbuilding and Ship Repair Operations (Surface Coating). 

(EPA–453/R–06–001, 2006/09) ...... Control Techniques Guidelines for Industrial Cleaning Solvents. 

(EPA–453/R–06–002, 2006/09) ...... Control Techniques Guidelines for Offset Lithographic Printing and Letterpress Printing. 

(EPA–453/R–06–003, 2006/09) ...... Control Techniques Guidelines for Flexible Package Printing. 

(EPA–453/R–06–004, 2006/09) ...... Control Techniques Guidelines for Flat Wood Paneling Coatings. 

(EPA–453/R–07–003, 2007/09) ...... Control Techniques Guidelines for Paper, Film, and Foil Coatings. 

(EPA–453/R–07–005, 2007/09) ...... Control Techniques Guidelines for Large Appliance Coatings. 

(EPA–453/R–07–005, 2007/09) ...... Control Techniques Guidelines for Metal Furniture Coatings. 

(EPA–453/R–08–004, 2008/09) ...... Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials. 

(EPA–453/R–08–005, 2008/09) ...... Control Techniques Guidelines for Miscellaneous Industrial Adhesives. 

(EPA–453/R–08–006, 2008/09) ...... Control Techniques Guidelines for Automobile and Light-Duty Truck Assembly Coatings. 

C. The EPA’s Recommendations to 

Further Improve the RACT SIP 

The TSD includes recommendations 

for future rule improvements. These 

recommendations address rule 

stringency and clarity and update rule 

language. 

D. Public Comment and Proposed 

Action 

As authorized in section 110(k)(3) of 

the Act, the EPA proposes to approve 

CARB’s submittal of the EKAPCD 2017 

RACT SIP, as reflected in Tables 3 and 

4. As discussed above, the RACT SIP 

must document current RACT for 

sources covered by CTGs and for major 

non-CTG sources for VOC and NOX

emissions. We have determined that the 

2017 RACT SIP documents RACT for all 

CTG sources and non-CTG major VOC 

sources. For these reasons and the 

reasons discussed above, we are 

proposing to approve the District’s 

certification that it has met RACT 

requirements for items reflected in 

Tables 3 and 4 for the 2008 8-hour 

ozone NAAQS as demonstrated in its 

2017 RACT SIP. 


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TABLE 3—LIST OF CTG CATEGORIES—2008 OZONE NAAQS 

EPA document No. CTG source category 

EKAPCD rule 

number claimed as 

RACT 

Negative 

declaration 

submitted 

EPA proposed action 

EPA–450/R–75–102 ................................... Design Criteria for Stage I Vapor Control 

Systems—Gasoline Service Stations.

Rule 412 .................................................... ........................ Approval. 

EPA–450/2–77–008 ................................... Control of Volatile Organic Emissions 

from Existing Stationary Sources—Volume II: Surface Coating of Cans.

.................................................................... X Approval. 

EPA–450/2–77–008 ................................... Control of Volatile Organic Emissions 

from Existing Stationary Sources—Volume II: Surface Coating of Coils.

.................................................................... X Approval. 

EPA–450/2–77–008 ................................... Control of Volatile Organic Emissions 

from Existing Stationary Sources—Volume II: Surface Coating of Paper.

.................................................................... X Approval. 

EPA–450/2–77–008 ................................... Control of Volatile Organic Emissions 

from Existing Stationary Sources—Volume II: Surface Coating of Fabrics.

.................................................................... X Approval. 

EPA–450/2–77–008 ................................... Control of Volatile Organic Emissions 

from Existing Stationary Sources—Volume II: Surface Coating of Automobiles, and Light-Duty Trucks.

.................................................................... X Approval. 

EPA–450/2–77–022 ................................... Control of Volatile Organic Emissions 

from Solvent Metal Cleaning.

Rule 410.3 ................................................. ........................ Approval. 

EPA–450/2–77–025 ................................... Control of Refinery Vacuum Producing 

Systems, Wastewater Separators, and 

Process Unit Turnarounds.

.................................................................... X Approval. 

EPA–450/2–77–026 ................................... Control of Hydrocarbons from Tank Truck 

Gasoline Loading Terminals.

.................................................................... X Approval.7

EPA–450/2–77–032 ................................... Control of Volatile Organic Emissions 

from Existing Stationary Sources—Volume III: Surface Coating of Metal Furniture.

.................................................................... X Approval.8

EPA–450/2–77–033 ................................... Control of Volatile Organic Emissions 

from Existing Stationary Sources—Volume IV: Surface Coating of Insulation 

of Magnet Wire.

.................................................................... X Approval.9

EPA–450/2–77–034 ................................... Control of Volatile Organic Emissions 

from Existing Stationary Sources—Volume V: Surface Coating of Large Appliances.

.................................................................... X Approval.10

EPA–450/2–77–035 ................................... Control of Volatile Organic Emissions 

from Bulk Gasoline Plants.

.................................................................... X Approval.11

EPA–450/2–77–036 ................................... Control of Volatile Organic Emissions 

from Storage of Petroleum Liquids in 

Fixed-Roof Tanks.

.................................................................... X Approval.12

EPA–450/2–77–037 ................................... Control of Volatile Organic Emissions 

from Use of Cutback Asphalt.

.................................................................... X Approval. 

EPA–450/2–78–015 ................................... Control of Volatile Organic Emissions 

from Existing Stationary Sources—Volume VI: Surface Coating of Miscellaneous Metal Parts and Products.

Rule 410.4 ................................................. ........................ Approval. 

EPA–450/2–78–029 ................................... Control of Volatile Organic Emissions 

from Manufacture of Synthesized Pharmaceutical Products.

.................................................................... X Approval. 

EPA–450/2–78–030 ................................... Control of Volatile Organic Emissions 

from Manufacture of Pneumatic Rubber 

Tires.

.................................................................... X Approval. 

EPA–450/2–78–032 ................................... Control of Volatile Organic Emissions 

from Existing Stationary Sources—Volume VII: Factory Surface Coating of 

Flat Wood Paneling.

.................................................................... X Approval.13

EPA–450/2–78–033 ................................... Control of Volatile Organic Emissions 

from Existing Stationary Sources—Volume VIII: Graphic Arts-Rotogravure and 

Flexography.

.................................................................... X Approval.14

EPA–450/2–78–036 ................................... Control of Volatile Organic Compound 

Leaks from Petroleum Refinery Equipment.

.................................................................... X Approval.15

EPA–450/2–78–047 ................................... Control of Volatile Organic Emissions 

from Petroleum Liquid Storage in External Floating Roof Tanks.

.................................................................... X Approval.16

EPA–450/2–78–051 ................................... Control of Volatile Organic Compound 

Leaks from Gasoline Tank Trucks and 

Vapor Collection Systems.

Rule 412 .................................................... ........................ Approval. 

EPA–450/3–82–009 ................................... Control of Volatile Organic Compound 

Emissions from Large Petroleum Dry 

Cleaners.

.................................................................... X Approval.17

EPA–450/3–83–006 ................................... Control of Volatile Organic Compound 

Leaks from Synthetic Organic Chemical 

Polymer and Resin Manufacturing 

Equipment.

.................................................................... X Approval.18

EPA–450/3–83–007 ................................... Control of Volatile Organic Compound 

Equipment Leaks from Natural Gas/ 

Gasoline Processing Plants.

.................................................................... X Approval.19

EPA–450/3–83–008 ................................... Control of Volatile Organic Compound 

Emissions from Manufacture of HighDensity Polyethylene, Polypropylene, 

and Polystyrene Resins.

.................................................................... X Approval. 

EPA–450/3–84–015 ................................... Control of Volatile Organic Compound 

Emissions from Air Oxidation Processes in Synthetic Organic Chemical 

Manufacturing Industry.

.................................................................... X Approval. 


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47440 Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Proposed Rules 

7The District identified Rule 412 for this CTG 

category and submitted a negative declaration. In 

this action, we are proposing to approve the 

negative declaration. 

8The District identified Rule 410.4 for this CTG 

category and submitted a negative declaration. In 

this action, we are proposing to approve the 

negative declaration. 

9The District identified Rule 410.4 for this CTG 

category and submitted a negative declaration. In 

this action, we are proposing to approve the 

negative declaration. 

10The District identified Rule 410.4 for this CTG 

category and submitted a negative declaration. In 

this action, we are proposing to approve the 

negative declaration. 

11The District identified Rule 412 for this CTG 

category and submitted a negative declaration. In 

this action, we are proposing to approve the 

negative declaration. 

12The District identified Rule 411 for this CTG 

category and submitted a negative declaration. In 

this action, we are proposing to approve the 

negative declaration. 

13The District identified Rule 410.9 for this CTG 

category and submitted a negative declaration. In 

this action, we are proposing to approve the 

negative declaration. 

14The District identified Rule 410.7 for this CTG 

category and submitted a negative declaration. In 

this action, we are proposing to approve the 

negative declaration. 

15The District identified Rules 414.1 and 414.5 

for this CTG category and submitted a negative 

declaration. In this action, we are proposing to 

approve the negative declaration. 

16The District identified Rule 411 for this CTG 

category and submitted a negative declaration. In 

this action, we are proposing to approve the 

negative declaration. 

17The District identified Rule 410.6A for this 

CTG category and submitted a negative declaration. 

In this action, we are proposing to approve the 

negative declaration. 

18The District identified Rule 414.1 for this CTG 

category and submitted a negative declaration. In 

this action, we are proposing to approve the 

negative declaration. 

19The District identified Rules 414.1 and 414.5 

for this CTG category and submitted a negative 

declaration. In this action, we are proposing to 

approve the negative declaration. 

20For this CTG category, the district found there 

to be no sources greater than the CTG applicability. 

21For this CTG category, the district found there 

to be no sources greater than the CTG applicability. 

22The District identified Rule 410.7 for this CTG 

category and submitted a negative declaration. In 

this action, we are proposing to approve the 

negative declaration. 

23The District identified Rule 410.7 for this CTG 

category and submitted a negative declaration. In 

this action, we are proposing to approve the 

negative declaration. 

24The District identified Rule 410.9 for this CTG 

category and submitted a negative declaration. In 

this action, we are proposing to approve the 

negative declaration. 

25The District identified Rule 410.4 for this CTG 

category and submitted a negative declaration. In 

this action, we are proposing to approve the 

negative declaration. 

26The District identified Rule 410.4 for this CTG 

category and submitted a negative declaration. In 

this action, we are proposing to approve the 

negative declaration. 

27The District identified Rule 410.4A for this 

CTG category and submitted a negative declaration. 

In this action, we are proposing to approve the 

negative declaration. 

28The District identified Rule 410.4 for this CTG 

category and submitted a negative declaration. In 

this action, we are proposing to approve the 

negative declaration. 

TABLE 3—LIST OF CTG CATEGORIES—2008 OZONE NAAQS—Continued 

EPA document No. CTG source category 

EKAPCD rule 

number claimed as 

RACT 

Negative 

declaration 

submitted EPA proposed action 

EPA–450/4–91–031 ................................... Control of Volatile Organic Compound 

Emissions from Reactor Processes and 

Distillation Operations in Synthetic Organic Chemical Manufacturing Industry.

.................................................................... X Approval. 

EPA–453/R–06–001 ................................... Control Techniques Guidelines for Industrial Cleaning Solvents..................................................................... X20 Approval. 

EPA–453/R–06–002 ................................... Control Technology Guidelines for Offset 

Lithographic Printing and Letterpress 

Printing.

.................................................................... X21 Approval.22

EPA–453/R–06–003 ................................... Control Techniques Guidelines for Flexible Package Printing..................................................................... X Approval.23

EPA–453/R–06–004 ................................... Control Technique Guidelines for Flat 

Wood Paneling Coatings.

.................................................................... X Approval.24

EPA–453/R–07–003 ................................... Control Techniques Guidelines for Paper 

Coatings.

.................................................................... X Approval. 

EPA–453/R–07–003 ................................... Control Techniques Guidelines for Film 

Coatings.

.................................................................... X Approval. 

EPA–453/R–07–003 ................................... Control Techniques Guidelines for Foil 

Coatings.

.................................................................... X Approval. 

EPA–453/R–07–004 ................................... Control Techniques Guidelines for Large 

Appliance Coatings.

.................................................................... X Approval.25

EPA–453/R–07–005 ................................... Control Techniques Guidelines for Metal 

Furniture Coatings.

.................................................................... X Approval.26

EPA–453/R–08–003 ................................... Control Technique Guidelines for Miscellaneous Metal and Plastic Parts 

Coatings.

Rule 410.4 ................................................. ........................ Approval. 

EPA–453/R–08–004 ................................... Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials..................................................................... X Approval. 

EPA–453/R–08–005 ................................... Control Techniques Guidelines for Miscellaneous Industrial Adhesives..................................................................... X Approval. 

EPA–453/R–08–006 ................................... Control Techniques Guidelines for Automobile and Light-duty Truck Assembly 

Coatings.

.................................................................... X Approval.27

EPA–453/R–96–007 ................................... Control of Volatile Organic Compound 

Emissions from Wood Furniture Manufacturing Operations.

Rule 410.9 ................................................. ........................ Approval. 

EPA–453/R–94–032 ................................... Alternative Control Technology Document—Surface Coating Operations at 

Shipbuilding and Ship Repair Facilities 

CTG, see 61 FR–44050, 8/27/96.

.................................................................... X Approval. 

61 FR–44050–8/27/96 ................................ Control Techniques Guidelines for Shipbuilding and Ship Repair Operations 

(Surface Coating).

.................................................................... X Approval.28

EPA–453/R–97–004 ................................... Control of VOC Emissions from Coating 

Operations at Aerospace Manufacturing 

and Rework Operations.

Rule 410.8 ................................................. ........................ Approval. 

EPA–453/B–16–001 ................................... Control Techniques Guidelines for the Oil 

and Natural Gas Industry.

.................................................................... X EPA approved this negative declaration 

on January 14, 2021 (86 FR 3816). 


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Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Proposed Rules 47441 

TABLE 4—RACT FOR MAJOR NON-CTG VOC/NOX SOURCES IN EKAPCD—2008 OZONE NAAQS 

Category Major non-CTG sources in 

District? 

Covered by SIP-Approved 

RACT-Level EKAPCD Rules EPA proposed action 

Major (100+ tpy) non-CTG VOC 

sources.

None listed .................................... N/A ................................................ Approval. 

Major (100+ tpy) non-CTG NOX

sources.

Yes ................................................ No ................................................. EPA is not acting on this element 

in this action 

We will accept comments from the 

public on this proposal until September 

24, 2021. If finalized, this action would 

incorporate the approved portions of the 

2017 RACT SIP and negative 

declarations into the SIP. 

III. 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. 

Dated: August 6, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2021–17239 Filed 8–24–21; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 540 

[Docket No. 20–15] 

RIN 3072–AC82 

Passenger Vessel Financial 

Responsibility 

AGENCY: Federal Maritime Commission. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The Federal Maritime 

Commission (Commission) is issuing 

this NPRM to seek comment on 

potential regulatory changes to its 

passenger vessel operator financial 

responsibility requirements. The 

Commission is proposing to define 

when nonperformance of transportation 

has occurred and to establish uniform 

procedures regarding how and when 

passengers may make claims for refunds 

under a passenger vessel operator’s 

financial responsibility instrument 

when nonperformance occurs. This 

rulemaking resulted from 

recommendations in an Interim Report 

issued by the Fact Finding Officer in 

Commission Fact Finding Investigation 

No. 30: COVID–19 Impact on Cruise 

Industry. 

DATES: Submit comments on or before 

October 25, 2021. 

ADDRESSES: You may submit comments, 

identified by Docket No. 20–15, by the 

following methods: 

• Email: secretary@fmc.gov. For 

comments, include in the subject line: 

‘‘Docket No. 20–15, Comments on PVO 

Financial Responsibility Rulemaking.’’ 

Comments should be attached to the 

email as a Microsoft Word or textsearchable PDF document. 

Instructions: For detailed instructions 

on submitting comments, including 

requesting confidential treatment of 

comments, and additional information 

on the rulemaking process, see the 

Public Participation heading of the 

Supplementary Information section of 

this document. Note that all comments 

received will be posted without change 

to the Commission’s website, unless the 

commenter has requested confidential 

treatment. 

Docket: For access to the docket to 

read background documents or 

comments received, go to the 

Commission’s Electronic Reading Room 

at: https://www2.fmc.gov/readingroom/ 

proceeding/20-15/. 

FOR FURTHER INFORMATION CONTACT: 

Rachel E. Dickon, Secretary; Phone: 

(202) 523–5725; Email: secretary@

fmc.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Background 

III. ANPRM Proposed Changes and Summary 

of Comments 

A. Defining Nonperformance of 

Transportation 


khammond on DSKJM1Z7X2PROD with PROPOSALS