47268 Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Proposed Rules 

1 60 FR 36227. 2 64 FR 47392. 

confidential under the FOIA, and they 

will not be placed in the public docket 

of this SNPRM. Submissions containing 

CBI should be sent to James Schroeder, 

Airports Safety & Operations Division, 

AAS–300, Office of Airports, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591–0001; email 

James.Schroeder@faa.gov. Any 

commentary that the FAA receives 

which is not specifically designated as 

CBI will be placed in the public docket 

for this rulemaking. 

Availability of Rulemaking Documents 

An electronic copy of rulemaking 

documents may be obtained from the 

internet by— 

1. Searching the Federal eRulemaking 

Portal at www.regulations.gov; 

2. Visiting the FAA’s Regulations and 

Policies web page at www.faa.gov/ 

regulations_policies; or 

3. Accessing the Government 

Publishing Office’s web page at 

www.GovInfo.gov. 

Copies may also be obtained by 

sending a request to the Federal 

Aviation Administration, Office of 

Rulemaking, ARM–1, 800 Independence 

Avenue SW, Washington, DC 20591, or 

by calling (202) 267–9680. Commenters 

must identify the docket or notice 

number of this rulemaking. 

All documents the FAA considered in 

developing this proposed rule, 

including economic analyses and 

technical reports, may be accessed from 

the internet through the Federal 

eRulemaking Portal referenced in item 

(1) above. 

Issued under authority provided by 49 

U.S.C. 106(f), 44701(a), and 44703 in 

Washington, DC, on August 13, 2021. 

Timothy R. Adams, 

Acting Executive Director, Office of 

Rulemaking. 

[FR Doc. 2021–17847 Filed 8–23–21; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2020–0341; FRL–8747–01– 

R9] 

Air Plan Approval; California; South 

Coast Air Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the South Coast Air Quality 

Management District (SCAQMD) portion 

of the California State Implementation 

Plan (SIP). These revisions concern 

emissions of volatile organic 

compounds (VOCs) from marine and 

pleasure craft coating operations. We are 

proposing to approve a local rule and a 

rule rescission 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 23, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2020–0341 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: 

Arnold Lazarus, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

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

email at Lazarus.Arnold@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rule and rule rescission? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule and 

rule rescission? 

B. Do the rule and rule rescission meet the 

evaluation criteria? 

C. The EPA’s Recommendations To Further 

Improve the Rule 

D. Public Comment and Proposed Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rule revisions 

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 Amended Rescinded Submitted 

SCAQMD ....... 1106 Marine and Pleasure Craft Coatings ................................... 5/3/2019 ........................ 2/19/2020 

SCAQMD ....... 1106.1 Pleasure Craft Coating Operations ..................................... ........................ 5/3/2019 2/19/2020 

On August 19, 2020 the submittal for 

SCAQMD Rule 1106 and the rescission 

of Rule 1106.1 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 these 

rules? 

We approved an earlier version of 

SCAQMD Rule 1106 into the SIP on July 

14, 1995 1 and we approved SCAQMD 

Rule 1106.1 into the SIP on August 31, 

1999.2 The SCAQMD adopted revisions 

to the SIP-approved versions of these 

rules on May 3, 2019 and CARB 


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3 61 FR 44050 (August 27, 1996). 

submitted them to us on February 19, 

2020. 

C. What is the purpose of the submitted 

rule and rule rescission? 

Emissions of VOCs contribute to the 

production of ground-level ozone, smog 

and particulate matter, which harm 

human health and the environment. 

Section 110(a) of the CAA requires 

states to submit regulations that control 

VOC emissions. Rule 1106 regulates 

VOC emissions from all marine and 

pleasure craft coating operations, 

including coatings for boats, ships and 

their appurtenances, buoys, and oil 

drilling rigs intended for the marine 

environment, and applies to any person 

who solicits the application of any 

Marine or Pleasure Craft Coating and 

any associated solvent used with a 

Marine or Pleasure Craft Coating within 

the South Coast AQMD Jurisdiction. 

The rule was amended to include 

pleasure craft coating operations, lower 

the VOC content limit of a number of 

existing coatings, and add five coatings 

to the specialty coating list. Rule 1106.1, 

Pleasure Craft Coating Operations, has 

been locally rescinded; however, all of 

the coatings limits in Rule 1106.1 are 

now covered by Rule 1106. The EPA’s 

technical support document (TSD) has 

more information about this rule and 

rule rescission. 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule 

and rule rescission? 

Rules in the SIP must be enforceable 

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

interfere with applicable requirements 

concerning attainment and reasonable 

further progress or other CAA 

requirements (see CAA section 110(l)), 

and must not modify certain SIP control 

requirements in nonattainment areas 

without ensuring equivalent or greater 

emissions reductions (see CAA section 

193). 

Generally, SIP rules must require 

reasonably available control technology 

(RACT) for each category of sources 

covered by a Control Techniques 

Guidelines (CTG) document as well as 

each major source of VOC in ozone 

nonattainment areas classified as 

Moderate or above (see CAA section 

182(b)(2)). The SCAQMD regulates an 

ozone nonattainment area classified as 

Extreme for the 1997, 2008, and 2015 8- 

Hour Ozone National Ambient Air 

Quality Standards (40 CFR 81.305). Rule 

1106 is covered by ‘‘Control Techniques 

Guidelines for Shipbuilding and Ship 

Repair Operations 3’’ and ‘‘Control 

Techniques Guidelines for 

Miscellaneous Metal and Plastic Parts 

Coatings’’ (EPA–453/R–08–003, 

September 2008). Therefore, this rule 

must implement RACT. 

Guidance and policy documents that 

we used to evaluate enforceability, 

revision/relaxation, and rule stringency 

requirements for the applicable criteria 

pollutants include the following: 

1. ‘‘State Implementation Plans; 

General Preamble for the 

Implementation of Title I of the Clean 

Air Act Amendments of 1990,’’ 57 FR 

13498 (April 16, 1992); 57 FR 18070 

(April 28, 1992). 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988 (the 

Bluebook, revised January 11, 1990). 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

4. ‘‘Control Techniques Guidelines for 

Shipbuilding and Ship Repair 

Operations’’ (61 FR 44050), August 27, 

1996. 

5. ‘‘Alternative Control Techniques 

Document: Surface Coating Operations 

at Shipbuilding and Ship Repair 

Facilities’’ (EPA 453/R–94–032, April 

1994). 

6. ‘‘Control Techniques Guidelines for 

Miscellaneous Metal and Plastic Parts 

Coatings’’ (EPA–453/R–08–003, 

September 2008). 

B. Do the rule and rule rescission meet 

the evaluation criteria? 

This submittal of the rule and rule 

rescission meets CAA requirements and 

is consistent with relevant guidance 

regarding enforceability, RACT, and SIP 

revisions. Specifically, the rule 

requirements sufficiently ensure that 

affected sources and regulators can 

consistently evaluate and determine 

compliance with Rule 1106. 

Additionally, our analysis finds that 

Rule 1106 represents RACT for Marine 

or Pleasure Craft Coatings because it has 

VOC content limits consistent with 

limits adopted in other districts and the 

applicable CTGs. We also found that the 

limits in Rule 1106 and the rescinded 

Rule 1106.1 are identical. Lastly, Rule 

1106 will not interfere with any 

applicable requirements of the CAA. 

The TSD has more information on our 

evaluation. 

C. The EPA’s Recommendations To 

Further Improve the Rule 

The EPA recommends amendments 

for consideration by the District the next 

time Rule 1106 is revised. Specifically, 

our TSD recommends removing the 

category ‘‘Metallic Heat Resistant 

Coating’’and moving the category 

Elastomeric Adhesive to Rule 1168— 

Adhesive and Sealant Applications. Our 

TSD has more information regarding 

these recommendations. 

D. Public Comment and Proposed 

Action 

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

the Act, the EPA proposes to fully 

approve the submitted rule and rule 

rescission because they fulfill all 

relevant requirements. We will accept 

comments from the public on this 

proposal until September 23, 2021. If we 

take final action to approve the 

submitted rule, our final action will 

incorporate this rule and rule rescission 

into the federally enforceable SIP. 

III. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

SCAQMD Rule 1106 and the rescission 

of SCAQMD Rule 1106.1 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.); 


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47270 Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Proposed Rules 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide the EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

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

Dated: August 12, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2021–17957 Filed 8–23–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2021–0531; FRL–8843–01– 

R3] 

Approval and Promulgation of Air 

Quality Plans; Pennsylvania; 

Reasonably Available Control 

Technology (RACT) Determinations for 

Case-by-Case Sources Under the 1997 

and 2008 8-Hour Ozone National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

multiple state implementation plan 

(SIP) revisions submitted by the 

Commonwealth of Pennsylvania. These 

revisions were submitted by the 

Pennsylvania Department of 

Environmental Protection (PADEP) to 

establish and require reasonably 

available control technology (RACT) for 

twenty-three major sources of volatile 

organic compounds (VOC) and/or 

nitrogen oxides (NOX) pursuant to the 

Commonwealth of Pennsylvania’s 

conditionally approved RACT 

regulations. In this rulemaking action, 

EPA is proposing to approve sourcespecific RACT determinations (case-bycase or alternative NOX emission limits) 

for sources at twenty-three major NOX

and VOC emitting facilities submitted 

by PADEP. These RACT evaluations 

were submitted to meet RACT 

requirements for the 1997 and 2008 8- 

hour ozone national ambient air quality 

standards (NAAQS). This action is being 

taken under the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before September 23, 

2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2021–0531 at https://

www.regulations.gov, or via email to 

opila.marycate@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 

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

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Emily Bertram, Permits Branch (3AD10), 

Air & Radiation Division, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. The 

telephone number is (215) 814–5273. 

Ms. Bertram can also be reached via 

electronic mail at bertram.emily@

epa.gov. 

SUPPLEMENTARY INFORMATION: On May 7, 

2020, PADEP submitted a revision to its 

SIP to address source-specific NOX and/ 

or VOC RACT for sources at numerous 

major NOX and VOC emitting facilities 

located in the Commonwealth, 

including the twenty-three facilities in 

this action. This SIP revision is 

intended to address the NOX and/or 

VOC RACT requirements under sections 

182 and 184 of the CAA for the 1997 

and 2008 8-hour ozone NAAQS. Table 

1 of this document lists the SIP 

submittal date and the facilities 

included in PADEP’s submittal. 

Although submitted in one SIP revision 

by PADEP, EPA views each facility as a 

separable SIP revision and may take 

separate final action on one or more 

facilities. 

For additional background 

information on Pennsylvania’s 

‘‘presumptive’’ RACT II SIP see 84 FR 

20274 (May 9, 2019) and on 

Pennsylvania’s source-specific (case-bycase or alternative NOX emission limits) 

RACT determinations see the 

appropriate technical support document 

(TSD) which is available online at 

https://www.regulations.gov, Docket No. 

EPA–R03–OAR–2021–0531. 


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