27526 Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 

1 86 FR 27344. 

2CARB’s rescission request cites to four Code of 

Federal Regulations (CFR) provisions for SCAQMD 

Rule 1107; however, since three of the CFR 

provisions are previous versions of the Rule that 

were replaced by more recent versions, and are 

therefore no longer in the SIP, EPA is interpreting 

this as a request to remove the latest (and only) 

version of SCAQMD Rule 1107 applicable in the 

Riverside County portion of the MDAQMD, namely, 

the version submitted on May 13, 1993, and listed 

at 40 CFR 52.220(c)(193)(i)(A)(1). 

TABLE 1—EPA-APPROVED KENTUCKY REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

*******

401 KAR 63:010 ................ Fugitive emissions ............ 6/30/2020 5/9/2022 [Insert citation of 

publication].

Except for the nuisance provision found 

in Section 3, Paragraph (4). 

* * * * * * * 

* * * * * 

[FR Doc. 2022–09704 Filed 5–6–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2020–0573; FRL–9453–01– 

R9] 

Air Plan Approval; California; Mojave 

Desert Air Quality Management 

District, Placer County Air Pollution 

Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the Mojave Desert 

Air Quality Management District 

(MDAQMD) and the Placer County Air 

Pollution Control District (PCAPCD) 

portions of the California State 

Implementation Plan (SIP). These 

revisions concern emissions of volatile 

organic compounds (VOCs) from metal 

coating operations and general 

regulatory definitions. We are also 

finalizing the rescission of South Coast 

Air Quality Management District 

(SCAQMD) Rule 1107, Coating of Metal 

Parts and Products, as it applies to the 

Riverside County portion of the 

MDAQMD. We are approving these 

revisions, including local rules and a 

rescission, under the Clean Air Act 

(CAA or the Act). 

DATES: This rule is effective on June 8, 

2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2020–0573. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 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. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On May 20, 2021,1 the EPA proposed 

to approve the following rules into the 

California SIP. 

Local agency Rule No. Rule title Amended Submitted 

MDAQMD ..................... 1115 Metal Parts & Products Coating Operations ........................ June 8, 2020 .......... July 24, 2020. 

PCAPCD ...................... 102 Definitions ............................................................................. June 11, 2020 ........ July 24, 2020. 

We proposed to approve these rules 

because we determined that they 

comply with the relevant CAA 

requirements. In addition to replacing the previous 

versions of the submitted rules listed in 

Table 1, the EPA proposed to rescind 

South Coast Air Quality Management 

District (SCAQMD) Rule 1107, Coating 

of Metal Parts and Products, as it 

applies to the Riverside County portion 

of the MDAQMD, as requested by the 

California Air Resources Board (CARB).2

In our May 20, 2021 proposal, the 

EPA also proposed to approve revisions 

to SCAQMD Rule 1107; however, we are 

not finalizing that action at this time. 

Our proposed action contains more 

information on the rules and our 

evaluation. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. We 

received three comments during this 

period, and each one was supportive of 

this proposed action. 

III. EPA Action 

No comments were submitted that 

change our assessment of the rules and 

rule rescission discussed above and as 

described in our proposed action. 

Therefore, as authorized in section 

110(k)(3) of the Act, the EPA is fully 

approving these rules and rule 

rescission into the California SIP 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 27527 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

MDAQMD and the PCAPCD rules 

described in section I. of this preamble 

and set forth below in the amendments 

to 40 CFR part 52. The EPA has made, 

and will continue to make, these 

documents available through 

www.regulations.gov and at the EPA 

Region IX Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

V. 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 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 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, 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, 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). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by July 8, 2022. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

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. 

Dated: April 29, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends part 52, chapter I, title 

40 of the Code of Federal Regulations as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(193)(i)(A)(4), 

(c)(419)(i)(B)(2), (c)(518)(i)(A)(6), and 

(c)(571) to read as follows: 

§ 52.220 Identification of plan-in part. 

* * * * * 

(c) * * * 

(193) * * * 

(i) * * * 

(A) * * * 

(4) Previously approved on February 

1, 1984 in paragraph (c)(193)(i)(A)(1) of 

this section and now deleted without 

replacement for implementation in the 

Mojave Desert Air Quality Management 

District (Riverside County), Rule 1107. 

* * * * * 

(419) * * * 

(i) * * * 

(B) * * * 

(2) Previously approved on January 

31, 2013 in paragraph (c)(419)(i)(B)(1) of 

this section and now deleted with 

replacement in (c)(571)(i)(B)(1), Rule 

102, ‘‘Definitions,’’ amended February 

9, 2012. 

* * * * * 

(518) * * * 

(i) * * * 

(A) * * * 

(6) Previously approved on February 

27, 2020 in paragraph (c)(518)(i)(A)(2) of 

this section and now deleted with 

replacement in (c)(571)(i)(A)(1), Rule 

1115, ‘‘Metal Parts and Products Coating 

Operations,’’ amended on January 22, 

2018. 

* * * * * 

(571) Amended regulations for the 

following APCDs were submitted on 

July 24, 2020 by the Governor’s designee 

as an attachment to a letter dated July 

23, 2020. 

(i) Incorporation by reference. 

(A) Mojave Desert Air Quality 

Management District. 

(1) Rule 1115, ‘‘Metal Parts and 

Products Coating Operations,’’ amended 

on June 8, 2020. 


khammond on DSKJM1Z7X2PROD with RULES
27528 Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 

1The April 24, 2020, submittal from SC DHEC 

includes other updates and revisions as well. EPA 

previously acted on Section I—Definitions of South 

Carolina Regulation 61–62.1. See 86 FR 59641 

(October 28, 2021). EPA has not taken action on 

Section II—Permit Requirements and Section IV— 

Source Tests of South Carolina Regulation 61–62.1. 

EPA will address these other provisions in separate 

actions. 2See 62 FR 27968 (May 22, 1997). 

(2) [Reserved] 

(B) Placer County Air Pollution 

Control District. 

(1) Rule 102, ‘‘Definitions,’’ amended 

on June 11, 2020. 

(2) [Reserved] 

(ii) [Reserved] 

[FR Doc. 2022–09726 Filed 5–6–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0445; FRL–9621–02– 

R4] 

Air Plan Approval; SC; 2018 General 

Assembly Miscellaneous Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

a State Implementation Plan (SIP) 

revision submitted by the State of South 

Carolina, through the South Carolina 

Department of Health and 

Environmental Control (SC DHEC or 

Department), on April 24, 2020. The SIP 

revision updates the numbering and 

formatting of South Carolina’s 

regulations applicable to emissions 

inventories, emissions statements, and 

credible evidence. EPA is finalizing 

approval of these changes pursuant to 

the Clean Air Act (CAA or Act) and 

implementing Federal regulations. 

DATES: This rule is effective June 8, 

2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2020–0445. All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air and Radiation Division, 

U.S. Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. EPA requests that, 

if at all possible, you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday 8:30 a.m. to 4:30 p.m., 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Tiereny Bell, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW, Atlanta, Georgia 30303–8960. 

The telephone number is (404) 562– 

9088. Ms. Bell can also be reached via 

electronic mail at bell.tiereny@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On April 24, 2020, SC DHEC 

submitted a SIP revision to EPA for 

approval that includes changes to South 

Carolina Regulation 61–62.1, Definitions 

and General Requirements. In this 

document, EPA is finalizing approval to 

incorporate into South Carolina’s SIP 

updates to Section III—Emissions 

Inventory and Emissions Statements 

and Section V—Credible Evidence of 

South Carolina Regulation 61–62.1.1

EPA is finalizing approval of these 

changes because they meet the 

requirements of and are consistent with 

the CAA. 

In a notice of proposed rulemaking 

(NPRM) published in the Federal 

Register on March 8, 2022 (87 FR 

12902), EPA proposed to approve the 

aforementioned changes from South 

Carolina’s April 24, 2020, SIP revision. 

The details of South Carolina’s 

submittal and the rationale for EPA’s 

approval are further explained in the 

March 8, 2022, NPRM. Comments on 

the March 8, 2022, NPRM were due on 

or before April 7, 2022. EPA did not 

receive any comments, adverse or 

otherwise, on the March 8, 2022, NPRM. 

II. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of South Carolina’s 

Regulation 61–62.1, Definitions and 

General Requirements, Section III— 

Emissions Inventory and Emissions 

Statements and Section V—Credible 

Evidence, state effective on April 24, 

2020. EPA has made, and will continue 

to make, these materials generally 

available through www.regulations.gov 

and at the EPA Region 4 Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.2

III. Final Action 

EPA is finalizing approval of revisions 

to the SIP-approved version of South 

Carolina’s Regulation 61–62.1, Section 

III—Emissions Inventory and Emissions 

Statements and Section V—Credible 

Evidence, state effective on April 24, 

2020. EPA has determined that these 

revisions meet the applicable 

requirements of section 110 of the CAA 

and the applicable regulatory 

requirements at 40 CFR part 51. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

See 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. 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 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); 


khammond on DSKJM1Z7X2PROD with RULES