[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)]
[Rules and Regulations]
[Pages 33195-33198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14079]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2015-0246; FRL-9928-09-Region 9]
Revisions to the California State Implementation Plan, Butte
County Air Quality Management District, Feather River Air Quality
Management District, and San Luis Obispo County Air Pollution Control
District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Butte County Air Quality Management District
(BCAQMD), Feather River Air Quality Management District (FRAQMD), and
San Luis Obispo County Air Pollution Control District (SLOCAPCD)
portions of the California State Implementation Plan (SIP). These
revisions concern emission statements, definitions, and vehicle and
mobile equipment coating operations (VMECO). We are approving local
rules that regulate these emission sources under the Clean Air Act (CAA
or the Act).
DATES: This rule is effective on August 10, 2015 without further
notice, unless the EPA receives adverse comments by July 13, 2015. If
we receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2015-0246, 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 the 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 the EPA, your
email address will be automatically captured and included as part of
the public comment. If the EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, the
EPA may not be able to consider your comment. Electronic files should
avoid the use of special characters, any form of encryption, and be
free of any defects or viruses.
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 94105-3901.
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: Arnold Lazarus, EPA Region IX, (415)
972-3024 [email protected].
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 rules?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. The EPA Recommendations To Further Improve the Rules
D. Public Comment and Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rules did the State submit?
Table 1 lists the rules addressed by this action with the dates
that they were adopted by the local air agencies and submitted by the
California Air Resources Board (CARB).
Table 1--Submitted Rules
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Adopted/
Local agency Rule No. Rule title Amended Submitted
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BCAQMD.................................. 101 Definitions.................... 4/24/14 11/06/14
BCAQMD.................................. 434 Emissions Statements........... 4/25/13 2/10/14
FRAQMD.................................. 3.19 Vehicle and Mobile Equipment 8/01/11 2/10/14
Coating Operations.
SLOCAPCD................................ 222 Federal Emission Statement..... 5/28/14 11/06/14
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[[Page 33196]]
On May 5, 2014, the EPA determined that the submittal for BCAQMD
Rule 434 and FRAQMD Rule 3.19 met the completeness criteria in 40 CFR
part 51 Appendix V, which must be met before formal EPA review. On
December 18, 2014, the EPA determined that BCAQMD Rule 101 and SLOCAPCD
Rule 222 met the completeness criteria.
B. Are there other versions of these rules?
There are no previous versions of BCAQMD Rule 434, FRAQMD Rule
3.19, and SLOCAPCD Rule 222 in the SIP. We approved an earlier version
of BCAQMD Rule 101 into the SIP on February 3, 1987 (52 FR 3226).
C. What is the purpose of the submitted rules?
Volatile Organic Compounds (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.
BCAQMD Rule 101, ``Definitions'' is amended by adding new
definitions and revising existing definitions which improve clarity and
enforceability of other BCAQMD rules which reduce emissions.
BCAQMD Rule 434 and SLOCAPCD Rule 222 require ``Emissions
Statements.'' CAA section 182(a)(3)(B)(i) directs ozone nonattainment
areas to require certified emission data from sources of VOCs and
oxides of nitrogen (NOX).
FRAQMD Rule 3.19, Vehicle and Mobile Equipment Coating Operations,
establishes limits on the emission of VOC from VMECO.
The EPA's technical support documents (TSDs) have more information
about these rules.
II. EPA's Evaluation and Action
A. How is the EPA evaluating the rules?
SIP rules 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).
Guidance and policy documents that we use 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 and 57 FR 18070, April 28, 1992).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies,
and Deviations'' (``the Bluebook,'' U.S. EPA, May 25, 1988; revised
January 11, 1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies'' (``the Little Bluebook'', EPA Region 9, August 21,
2001).
4. EPA's draft ``Guidance on the Implementation of an Emission
Statement Program,'' July 1992.
5. FRAQMD ``Reasonably Available Control Technology Analysis and
Negative Declaration'', July 3, 2014.
6. National Volatile Organic Compound Emission Standards, 40 CFR
59.102, Subpart B, Table 1, VOC Content Limits for Automobile
Refinish Coatings.
7. California Air Resources Board (CARB) Resolution 05-46,
October 20, 2005, Attachment A, ``Suggested Control Measure for
Automotive Coatings,'' Section 4.1 ``Coating Limits.''
8. South Coast Air Quality Management District Rule 1151, Motor
Vehicle and Motor Equipment Non-Assembly Line Coating Operations,
amended December 2, 2005, and approved into the SIP on September 24,
2013 (78 FR 58459.)
9. San Joaquin Valley Unified Air Pollution Control District
Rule 4612, Motor Vehicle and Mobile Equipment Coating Operations,
amended October 21, 2010, and approved into the SIP on February 13,
2012 (77 FR 7536.)
10. Ventura County Air Quality Management District, Rule 74.18,
Motor Vehicle and Mobile Equipment Coating Operations amended
November 11, 2008, and approved into the SIP on September 24, 2013
(78 FR 58459.)
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 VOC major source
in ozone nonattainment areas classified as moderate or above (see
sections 182(b)(2) and 182(f)).
The FRAQMD covers both Yuba and Sutter Counties, and the EPA has
designated a portion of the FRAQMD (specifically, southern Sutter
County) as a Severe nonattainment area for the 1-hour ozone standard
and the 1997 and 2008 8-hour ozone national ambient air quality
standards (NAAQS or standards). See 40 CFR 81.305. Therefore, FRAQMD
must implement RACT for at least portions of the District. The EPA
believes that FRAQMD Rule 3.19 does not implement RACT-level
requirements. However, on September 29, 2014, CARB submitted to the EPA
on behalf of FRAQMD, ``Reasonably Available Control Technology Analysis
and Negative Declaration,'' dated July 3, 2014, which demonstrates that
Rule 3.19 does not have to implement RACT because no CTGs apply to the
source category and there are no major sources in the non-attainment
area that the rule addresses. RACT is not required of the other rules
addressed in this action because they are not intended to directly
control emissions.
As noted above, CAA section 182(a)(3)(B)(i) requires all states
with ozone nonattainment areas classified under subpart 2 (of part D of
title I), i.e., as Marginal, Moderate, Serious, etc., to submit SIP
revisions that require owners and operators of stationary sources of
VOCs and NOX to provide the state with a statement showing
the actual emissions from that source. The EPA has designated all or
portions of BCAQMD and SLOCAPCD as Marginal nonattainment areas for the
1997 or the 2008 8-hour ozone standards. See 40 CFR 81.305. Thus,
BCAQMD Rule 434 and SLOCAPCD Rule 222 are required SIP revisions. Based
on our evaluation of these two emissions statement rules, we find that
they meet the requirements of CAA section 182(a)(3)(B)(i).
B. Do the rules meet the evaluation criteria?
We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, rule stringency, and SIP
relaxations. The TSDs have more information on our evaluation.
C. EPA Recommendations To Further Improve the Rules
The TSDs describe additional rule revisions that we recommend for
the next time the local agency modifies the rules but are not currently
the basis for rule disapproval.
D. Public Comment and Final Action
As authorized in section 110(k)(3) of the Act, the EPA is fully
approving the submitted rules because we believe they fulfill all
relevant requirements.\1\ We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in
[[Page 33197]]
the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by July 13, 2015, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on August 10, 2015. This will incorporate these
rules into the federally enforceable SIP.
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\1\ BCAQMD Rule 434, FRAQMD Rule 3.19, and SLOCAPCD Rule 222 are
all new to the SIP and thus would not supersede any existing SIP
rules. Upon the effective date of this final action, BCAQMD Rule 101
would supersede existing SIP BCAQMD Rules 101 (``Title'') and 102
(``Definitions''), approved at 52 FR 3226 (February 3, 1987), in the
applicable California SIP, except for the following definitions from
existing SIP BCAQMD Rule 102: ``approved ignition devices,'' ``open
out-door fire,'' ``permissive burn day,'' ``range improvement
burning,'' ``submerged fill pipe,'' and ``vapor recovery system.''
While these terms are no longer included in BCAQMD's definitions
rule (i.e., Rule 101), they are relied upon by certain existing SIP
prohibitory rules, such as existing SIP BCAQMD Rules 213, 215, 302,
313, 317, and 323.
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Please note that if the EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, the EPA may adopt as final
those provisions of the rule that are not the subject of an adverse
comment.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
BCAQMD, FRAQMD and SLOCAPCD rules described in the amendments to 40 CFR
part 52 set forth below. The EPA has made, and will continue to make,
these documents generally available electronically through
www.regulations.gov and in hard copy at the appropriate EPA office (see
the ADDRESSES 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 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 August 10, 2015. 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 Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that the EPA
can withdraw this direct final rule and address the comment in the
proposed rulemaking. 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, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: May 8, 2015.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220, is amended by adding paragraphs (c)(442) (i)(E)(4)
and (G) and (c)(457)(i)(C) and (D) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(442) * * *
(i) * * *
(E) * * *
(4) Rule 3.19, ``Vehicle and Mobile Equipment Coating Operations,''
amended on August 1, 2011.
* * * * *
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(G) Butte County Air Quality Management District.
(1) Rule 434, ``Emission Statements,'' adopted on April 25, 2013.
* * * * *
(457) * * *
(i) * * *
(C) * * *
(1) Rule 101, ``Definitions,'' amended on April 24, 2014.
(D) San Luis Obispo County Air Pollution Control District.
(1) Rule 222, ``Federal Emission Statement,'' adopted on May 28,
2014.
* * * * *
[FR Doc. 2015-14079 Filed 6-10-15; 8:45 am]
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