[Federal Register Volume 78, Number 82 (Monday, April 29, 2013)]
[Proposed Rules]
[Pages 25011-25013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10048]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2012-0853; FRL-9806-4]
Revisions to the California State Implementation Plan, Antelope
Valley Air Quality Management District, Santa Barbara County Air
Pollution Control District, South Coast Air Quality Management District
and Ventura County Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve revisions to the Antelope Valley
Air Quality Management District (AVAQMD), Santa Barbara County Air
Pollution Control District (SBCAPCD), South Coast Air Quality
Management District (SCAQMD) and Ventura County Air Pollution Control
District (VCAPCD) portions of the California State Implementation Plan
(SIP). These revisions concern Volatile Organic Compounds (VOC)
emissions from motor vehicle and mobile equipment coating operations
and from graphic arts operations. We are approving local rules that
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: Any comments must arrive by May 29, 2013.
ADDRESSES: Submit comments, identified by docket number R09-OAR-2012-
0853, by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
2. Email: [email protected].
3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment.
Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed at www.regulations.gov, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material, large maps), and some may not be publicly
available in either location (e.g., CBI). To inspect the hard copy
materials, please schedule an appointment during normal business hours
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Adrianne Borgia, EPA Region IX, (415)
972-3576, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to 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 rules?
II. EPA's Evaluation and Action
A. How is EPA evaluating these rules?
B. Do the rules meet the evaluation criteria?
C. EPA Recommendations to Further Improve the Rules.
D. Public Comment and Final Action
III. 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 amended or revised by the local air agency and submitted
by the California Air Resources Board (CARB).
Table 1--Submitted Rules
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Local agency Rule No. Rule title Amended/revised Submitted
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AVAQMD............................ 1151 Motor Vehicle and Mobile Amended 6/19/12..... 9/21/12
Equipment Coating
Operations.
[[Page 25012]]
SBCAPCD........................... 339 Motor Vehicle and Mobile Revised 6/19/08..... 10/20/08
Equipment Coating
Operations.
SCAQMD............................ 1151 Motor Vehicle and Mobile Amended 12/2/05..... 4/6/09
Equipment Non-Assembly
Line Coating Operations.
VCAPCD............................ 74.18 Motor Vehicle and Mobile Revised 11/11/08.... 3/17/09
Equipment Coating
Operations.
VCAPCD............................ 74.19 Graphic Arts............. Revised 6/14/11..... 9/27/11
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On October 11, 2012 for AVAQMD Rule 1151, November 18, 2008 for
SBCAPCD Rule 339, May 13, 2009 for SCAQMD Rule 1151, April 20, 2009 for
VCAPCD Rule 74.18 and October 24, 2011 for VCAPCD Rule 74.19, EPA
determined that the submittals 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 an earlier version of the following rules into the SIP:
AVAQMD Rule 1151 on April 10, 2000 (65 FR 18901), SBCAPCD Rule 339 on
November 13, 1998 (63 FR 63410), SCAQMD Rule 1151 on May 26, 2000 (65
FR 34101), VCAPCD Rule 74.18 on April 19, 2001 (66 FR 20086) and VCAPCD
Rule 74.19 on October 25, 1005 (70 FR 61561).
C. What is the purpose of the submitted rules?
VOCs help produce 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. AVAQMD rule 1151,
SBCAPCD rule 339, SCAQMD rule 1151 and VCAPCD rule 74.18 are rules that
regulate VOC emissions from automotive and mobile equipment coating
operations. VCAPCD rule 74.19 regulates VOC emissions from graphic arts
operations. EPA's technical support documents (TSDs) have more
information about these rules.
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
Generally, SIP rules must be enforceable (see section 110(a) of the
Act), 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 in nonattainment areas (see
sections 182(a)(2) and (b)(2)), and must not relax existing
requirements (see sections 110(l) and 193). AVAQMD, SCQAMD and VCAPCD
regulate ozone nonattainment areas (see 40 CFR part 81), so Rules
AVAQMD 1151, SCQAMD 1151, VCAPCD 74.18 and VCAPCD 74.19 must fulfill
RACT.
Guidance and policy documents that we use to evaluate
enforceability and RACM/RACT requirements consistently include the
following:
1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations; Clarification to Appendix D of November 24, 1987 Federal
Register Notice,'' (Blue Book), notice of availability published in the
May 25, 1988 Federal Register.
2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
3. ``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).
3. ``Control Technique Guidelines for Emissions from Automobile
Refinishing'' (EPA-450/3-88-009), October 1988.
4. CARB Suggested Control Measure (SCM) for ``Automotive Coatings''
as approved by the Board on October 20, 2005.
5. ``Control Techniques Guidelines for Offset Lithographic Printing
and Letterpress Printing,'' EPA 453/R-06-002, September 2006.
6. ``Control Techniques Guidelines for Industrial Cleaning
Solvents,'' EPA 453/R-06-001, September 2006.
B. Does the rule meet the evaluation criteria?
We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, RACM/RACT, and SIP relaxations. The
TSDs have more information on our evaluation.
C. EPA Recommendations to Further Improve the Rule
The TSDs describe additional rule revisions that we recommend for
the next time the local agencies modify the rules. However, these
recommendations are not currently the basis for rule disapproval.
D. Public Comment and Final Action
Because EPA believes the submitted rules fulfill all relevant
requirements, we are proposing to fully approve them as described in
section 110(k)(3) of the Act. We will accept comments from the public
on this proposal for the next 30 days. Unless we receive convincing new
information during the comment period, we intend to publish a final
approval action that will incorporate these rules into the federally
enforceable 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, 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 Order
12866 (58 FR 51735, October 4, 1993);
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
[[Page 25013]]
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 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, these rules do not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Volatile organic
compounds, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 12, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2013-10048 Filed 4-26-13; 8:45 am]
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