80_FR_16348 80 FR 16289 - Revisions to the California State Implementation Plan, Placer County Air Pollution Control District and the Ventura County Air Pollution Control District

80 FR 16289 - Revisions to the California State Implementation Plan, Placer County Air Pollution Control District and the Ventura County Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 59 (March 27, 2015)

Page Range16289-16291
FR Document2015-06858

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Placer County Air Pollution Control District (PCAPCD) and Ventura County Air Pollution Control District (VCAPCD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from the surface coating of plastic parts and products, metalworking fluids (MWF) and direct-contact lubricants (DCL). We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).

Federal Register, Volume 80 Issue 59 (Friday, March 27, 2015)
[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Rules and Regulations]
[Pages 16289-16291]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06858]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0083; FRL-9924-73-Region 9]


Revisions to the California State Implementation Plan, Placer 
County Air Pollution Control District and the Ventura County Air 
Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the Placer County Air Pollution 
Control District (PCAPCD) and Ventura County Air Pollution Control 
District (VCAPCD) portions of the California State Implementation Plan 
(SIP). These revisions concern volatile organic compound (VOC) 
emissions from the surface coating of plastic parts and products, 
metalworking fluids (MWF) and direct-contact lubricants (DCL). 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 May 26, 2015 without further notice, 
unless EPA receives adverse comments by April 27, 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-
2015-0083, 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. 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) 
947-3024, [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?

[[Page 16290]]

    C. What is the purpose of the submitted rules?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. 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 Submittal with the dates 
that they were adopted by the local air agencies and submitted by the 
California Air Resources Board.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
           Local agency                Rule number             Rule title             Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
PCAPCD............................  249..............  Surface Coating of                 8/8/13         5/13/14
                                                        Plastic Parts and
                                                        Products.
VCAPCD............................  74.31............  Metalworking Fluids and          11/12/13         5/13/14
                                                        Direct-Contact
                                                        Lubricants.
----------------------------------------------------------------------------------------------------------------

    On July 18, 2014, EPA determined that the submittals for PCAPCD 
Rule 249 and VCAPCD Rule 74.31 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?

    There are no previous versions of PCAPCD Rule 249 or VCAPCD Rule 
74.31 in the SIP.

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. Rule 249 establishes 
VOC content limits and workplace standards for the surface coating of 
plastic parts and products. It also describes related recordkeeping, 
reporting, and monitoring requirements. Rule 74.31 establishes VOC 
content limits and usage for MWF and DCL. Rule 74.31 applies to any 
person who uses MWF and DCL commercially or industrially and to any 
manufacturer or supplier who supplies, sells, or offers for sale either 
MWF or DCL for use at industrial or commercial facilities. Such persons 
must use compliant fluids as specified by rule 74.31. 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?

    40 CFR 81.305 describes PCAPCD as regulating an ozone nonattainment 
area classified as Severe and VCAPCD classified as Serious for the 8-
hour ozone National Ambient Air Quality Standard (NAAQS) (2008 
Standard). 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).
    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)).
    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. ``Control Techniques Guidelines for Miscellaneous Metal and 
Plastic Parts Coatings'' (CTG), September 2008. (EPA 453-R-008-003).

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability, RACT, and SIP relaxations. The VOC 
content limits and usage requirements in Rule 249 are equivalent or 
more stringent to the relevant sections of EPA's 2008 metal parts CTG, 
implement RACT and strengthen the SIP. Rule 74.31 strengthens the SIP 
because the VCAPCD did not have a SIP approved rule regulating MWF and 
DCL and there exists no relevant CTG, but we also believe Rule 74.31 
implements RACT. The TSDs associated with each rule 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 agencies modify 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, EPA is fully 
approving the submitted rules because we believe they fulfill all 
relevant requirements. We do not think anyone will object to this 
approval, so we are finalizing it without proposing it in advance. 
However, in the Proposed Rules section of this Federal Register, we are 
simultaneously proposing approval of the same submitted rules. If we 
receive adverse comments by April 27, 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 May 26, 2015. This will incorporate these 
rules into the federally enforceable SIP.
    Please note that if 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, 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

[[Page 16291]]

accordance with requirements of 1 CFR 51.5, the EPA is finalizing the 
incorporation by reference of the PCAPCD and VCAPCD rules described in 
the amendments to 40 CFR 52 set forth below. The EPA has made, and will 
continue to make, these documents 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, 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 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).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where 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. 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 May 26, 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 today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that 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, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: February 27, 2015.
Jared Blumenfeld,
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)(441)(i)(B)(3) and 
(c)(441)(i)(C)(2) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (441) * * *
    (i) * * *
    (B) * * *
    (3) Rule 249, ``Surface Coating of Plastic Parts and Products,'' 
adopted on August 8, 2013.
    (C) * * *
    (2) Metalworking Fluids and Direct-Contact Lubricants,'' adopted on 
November 12, 2013.
* * * * *
[FR Doc. 2015-06858 Filed 3-26-15; 8:45 am]
BILLING CODE 6560-50-P



                                                                        Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations                                                              16289

                                                  PART 52—APPROVAL AND                                             Authority: 42 U.S.C. 7401 et seq.                         following the existing entries for
                                                  PROMULGATION OF                                                                                                            ‘‘Regional Haze Plan’’ to read as follows:
                                                  IMPLEMENTATION PLANS                                         Subpart NN—Pennsylvania                                       § 52.2020   Identification of plan.
                                                                                                                                                                             *       *    *        *      *
                                                  ■ 1. The authority citation for part 52                      ■ 2. In § 52.2020, the table in paragraph
                                                                                                                                                                                 (e) * * *
                                                  continues to read as follows:                                (e)(1) is amended by adding a new entry
                                                                                                                                                                                 (1) * * *

                                                                                                                                                      State
                                                       Name of non-regulatory                    Applicable geographic area                         submittal           EPA Approval date              Additional explanation
                                                           SIP revision                                                                               date


                                                             *                        *                            *                           *                        *                      *                     *

                                                  Regional Haze Plan .....................   Statewide .....................................            3/25/14     3/27/15 [Insert Federal        Rulemaking pertains to
                                                                                                                                                                      Register citation].            Boiler No. 1 of the
                                                                                                                                                                                                     Cheswick Power Plant
                                                                                                                                                                                                     in Allegheny County.
                                                                                                                                                                                                   Limited approval removes
                                                                                                                                                                                                     SO2 and NOX Best
                                                                                                                                                                                                     Available Retrofit Tech-
                                                                                                                                                                                                     nology limits. Limited
                                                                                                                                                                                                     disapproval relates to
                                                                                                                                                                                                     the Federal Implementa-
                                                                                                                                                                                                     tion Plan at § 52.2042(b)
                                                                                                                                                                                                     and (c).


                                                             *                        *                            *                           *                        *                      *                     *



                                                  *      *       *       *      *                              DATES:  This rule is effective on May 26,                     be automatically captured and included
                                                  [FR Doc. 2015–06965 Filed 3–26–15; 8:45 am]                  2015 without further notice, unless EPA                       as part of the public comment. If EPA
                                                  BILLING CODE 6560–50–P                                       receives adverse comments by April 27,                        cannot read your comment due to
                                                                                                               2015. If we receive such comments, we                         technical difficulties and cannot contact
                                                                                                               will publish a timely withdrawal in the                       you for clarification, EPA may not be
                                                  ENVIRONMENTAL PROTECTION                                     Federal Register to notify the public                         able to consider your comment.
                                                  AGENCY                                                       that this direct final rule will not take                     Electronic files should avoid the use of
                                                                                                               effect.                                                       special characters, any form of
                                                  40 CFR Part 52                                               ADDRESSES: Submit comments,                                   encryption, and be free of any defects or
                                                                                                               identified by docket number EPA–R09–                          viruses.
                                                  [EPA–R09–OAR–2015–0083; FRL–9924–73–                         OAR–2015–0083, by one of the                                     Docket: Generally, documents in the
                                                  Region 9]                                                    following methods:                                            docket for this action are available
                                                                                                                  1. Federal eRulemaking Portal:                             electronically at www.regulations.gov
                                                  Revisions to the California State                            www.regulations.gov. Follow the on-line
                                                  Implementation Plan, Placer County                                                                                         and in hard copy at EPA Region IX, 75
                                                                                                               instructions.                                                 Hawthorne Street, San Francisco,
                                                  Air Pollution Control District and the                          2. Email: steckel.andrew@epa.gov.
                                                  Ventura County Air Pollution Control                                                                                       California 94105–3901. While all
                                                                                                                  3. Mail or deliver: Andrew Steckel                         documents in the docket are listed at
                                                  District                                                     (Air-4), U.S. Environmental Protection                        www.regulations.gov, some information
                                                                                                               Agency Region IX, 75 Hawthorne Street,                        may be publicly available only at the
                                                  AGENCY: Environmental Protection                             San Francisco, CA 94105–3901.
                                                  Agency (EPA).                                                                                                              hard copy location (e.g., copyrighted
                                                                                                                  Instructions: All comments will be
                                                                                                                                                                             material, large maps), and some may not
                                                  ACTION:    Direct final rule.                                included in the public docket without
                                                                                                                                                                             be publicly available in either location
                                                                                                               change and may be made available
                                                                                                                                                                             (e.g., CBI). To inspect the hard copy
                                                  SUMMARY:   The Environmental Protection                      online at www.regulations.gov,
                                                                                                                                                                             materials, please schedule an
                                                  Agency (EPA) is taking direct final                          including any personal information
                                                                                                                                                                             appointment during normal business
                                                  action to approve revisions to the Placer                    provided, unless the comment includes
                                                                                                                                                                             hours with the contact listed in the FOR
                                                  County Air Pollution Control District                        Confidential Business Information (CBI)
                                                                                                                                                                             FURTHER INFORMATION CONTACT section.
                                                  (PCAPCD) and Ventura County Air                              or other information whose disclosure is
                                                  Pollution Control District (VCAPCD)                          restricted by statute. Information that                       FOR FURTHER INFORMATION CONTACT:
                                                  portions of the California State                             you consider CBI or otherwise protected                       Arnold Lazarus, EPA Region IX, (415)
                                                  Implementation Plan (SIP). These                             should be clearly identified as such and                      947–3024, lazarus.arnold@epa.gov.
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                                                  revisions concern volatile organic                           should not be submitted through                               SUPPLEMENTARY INFORMATION:
                                                  compound (VOC) emissions from the                            www.regulations.gov or email.                                 Throughout this document, ‘‘we,’’ ‘‘us,’’
                                                  surface coating of plastic parts and                         www.regulations.gov is an ‘‘anonymous                         and ‘‘our’’ refer to EPA.
                                                  products, metalworking fluids (MWF)                          access’’ system, and EPA will not know
                                                  and direct-contact lubricants (DCL). We                      your identity or contact information                          Table of Contents
                                                  are approving local rules that regulate                      unless you provide it in the body of                          I. The State’s Submittal
                                                  these emission sources under the Clean                       your comment. If you send email                                  A. What rules did the State submit?
                                                  Air Act (CAA or the Act).                                    directly to EPA, your email address will                         B. Are there other versions of these rules?



                                             VerDate Sep<11>2014     16:44 Mar 26, 2015   Jkt 235001   PO 00000        Frm 00039    Fmt 4700       Sfmt 4700    E:\FR\FM\27MRR1.SGM   27MRR1


                                                  16290                   Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations

                                                     C. What is the purpose of the submitted                      III. Incorporation by Reference                          were adopted by the local air agencies
                                                       rules?                                                     IV. Statutory and Executive Order Reviews                and submitted by the California Air
                                                  II. EPA’s Evaluation and Action
                                                                                                                  I. The State’s Submittal                                 Resources Board.
                                                     A. How is EPA evaluating the rules?
                                                     B. Do the rules meet the evaluation
                                                       criteria?                                                  A. What rules did the State submit?
                                                     C. EPA Recommendations To Further
                                                       Improve the Rules                                            Table 1 lists the rules addressed by
                                                     D. Public Comment and Final Action                           this Submittal with the dates that they

                                                                                                                         TABLE 1—SUBMITTED RULES
                                                                                                   Rule
                                                              Local agency                                                                     Rule title                                    Adopted      Submitted
                                                                                                  number

                                                  PCAPCD ...................................    249 .........   Surface Coating of Plastic Parts and Products ...........................        8/8/13        5/13/14
                                                  VCAPCD ...................................    74.31 ......    Metalworking Fluids and Direct-Contact Lubricants ....................         11/12/13        5/13/14



                                                    On July 18, 2014, EPA determined                              further progress or other CAA                            exists no relevant CTG, but we also
                                                  that the submittals for PCAPCD Rule                             requirements (see CAA section 110(l)),                   believe Rule 74.31 implements RACT.
                                                  249 and VCAPCD Rule 74.31 met the                               and must not modify certain SIP control                  The TSDs associated with each rule
                                                  completeness criteria in 40 CFR part 51                         requirements in nonattainment areas                      have more information on our
                                                  Appendix V, which must be met before                            without ensuring equivalent or greater                   evaluation.
                                                  formal EPA review.                                              emissions reductions (see CAA section
                                                                                                                  193).                                                    C. EPA Recommendations To Further
                                                  B. Are there other versions of these                              Generally, SIP rules must require                      Improve the Rules
                                                  rules?                                                          Reasonably Available Control                               The TSDs describe additional rule
                                                    There are no previous versions of                             Technology (RACT) for each category of                   revisions that we recommend for the
                                                  PCAPCD Rule 249 or VCAPCD Rule                                  sources covered by a Control                             next time the local agencies modify the
                                                  74.31 in the SIP.                                               Techniques Guidelines (CTG) document                     rules but are not currently the basis for
                                                  C. What is the purpose of the submitted                         as well as each VOC major source in                      rule disapproval.
                                                  rules?                                                          ozone nonattainment areas classified as
                                                                                                                  moderate or above (see sections                          D. Public Comment and Final Action
                                                     VOCs help produce ground-level                               182(b)(2) and 182(f)).                                     As authorized in section 110(k)(3) of
                                                  ozone and smog, which harm human                                  Guidance and policy documents that                     the Act, EPA is fully approving the
                                                  health and the environment. Section                             we use to evaluate enforceability,                       submitted rules because we believe they
                                                  110(a) of the CAA requires States to                            revision/relaxation and rule stringency                  fulfill all relevant requirements. We do
                                                  submit regulations that control VOC                             requirements for the applicable criteria                 not think anyone will object to this
                                                  emissions. Rule 249 establishes VOC                             pollutants include the following:                        approval, so we are finalizing it without
                                                  content limits and workplace standards                          1. ‘‘State Implementation Plans; General                 proposing it in advance. However, in
                                                  for the surface coating of plastic parts                              Preamble for the Implementation of Title           the Proposed Rules section of this
                                                  and products. It also describes related                               I of the Clean Air Act Amendments of               Federal Register, we are simultaneously
                                                  recordkeeping, reporting, and                                         1990,’’ (57 FR 13498, April 16, 1992 and           proposing approval of the same
                                                  monitoring requirements. Rule 74.31                                   57 FR 18070, April 28, 1992).                      submitted rules. If we receive adverse
                                                  establishes VOC content limits and                              2. ‘‘Issues Relating to VOC Regulation
                                                                                                                        Cutpoints, Deficiencies, and Deviations’’          comments by April 27, 2015, we will
                                                  usage for MWF and DCL. Rule 74.31                                                                                        publish a timely withdrawal in the
                                                                                                                        (‘‘the Bluebook,’’ U.S. EPA, May 25,
                                                  applies to any person who uses MWF                                    1988; revised January 11, 1990).                   Federal Register to notify the public
                                                  and DCL commercially or industrially                            3. ‘‘Guidance Document for Correcting                    that the direct final approval will not
                                                  and to any manufacturer or supplier                                   Common VOC & Other Rule                            take effect and we will address the
                                                  who supplies, sells, or offers for sale                               Deficiencies’’ (‘‘the Little Bluebook’’,           comments in a subsequent final action
                                                  either MWF or DCL for use at industrial                               EPA Region 9, August 21, 2001).                    based on the proposal. If we do not
                                                  or commercial facilities. Such persons                          4. ‘‘Control Techniques Guidelines for
                                                                                                                        Miscellaneous Metal and Plastic Parts
                                                                                                                                                                           receive timely adverse comments, the
                                                  must use compliant fluids as specified                                                                                   direct final approval will be effective
                                                  by rule 74.31. EPA’s technical support                                Coatings’’ (CTG), September 2008. (EPA
                                                                                                                        453–R–008–003).                                    without further notice on May 26, 2015.
                                                  documents (TSDs) have more                                                                                               This will incorporate these rules into
                                                  information about these rules.                                  B. Do the rules meet the evaluation                      the federally enforceable SIP.
                                                                                                                  criteria?                                                  Please note that if EPA receives
                                                  II. EPA’s Evaluation and Action
                                                                                                                     We believe these rules are consistent                 adverse comment on an amendment,
                                                  A. How is EPA evaluating the rules?                             with the relevant policy and guidance                    paragraph, or section of this rule and if
                                                    40 CFR 81.305 describes PCAPCD as                             regarding enforceability, RACT, and SIP                  that provision may be severed from the
                                                  regulating an ozone nonattainment area                          relaxations. The VOC content limits and                  remainder of the rule, EPA may adopt
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  classified as Severe and VCAPCD                                 usage requirements in Rule 249 are                       as final those provisions of the rule that
                                                  classified as Serious for the 8-hour                            equivalent or more stringent to the                      are not the subject of an adverse
                                                  ozone National Ambient Air Quality                              relevant sections of EPA’s 2008 metal                    comment.
                                                  Standard (NAAQS) (2008 Standard). SIP                           parts CTG, implement RACT and
                                                  rules must be enforceable (see CAA                              strengthen the SIP. Rule 74.31                           III. Incorporation by Reference
                                                  section 110(a)(2)), must not interfere                          strengthens the SIP because the                            In this rule, the EPA is finalizing
                                                  with applicable requirements                                    VCAPCD did not have a SIP approved                       regulatory text that includes
                                                  concerning attainment and reasonable                            rule regulating MWF and DCL and there                    incorporation by reference. In


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                                                                      Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations                                               16291

                                                  accordance with requirements of 1 CFR                   disproportionate human health or                      requirements, Volatile organic
                                                  51.5, the EPA is finalizing the                         environmental effects with practical,                 compounds.
                                                  incorporation by reference of the                       appropriate, and legally permissible                    Dated: February 27, 2015.
                                                  PCAPCD and VCAPCD rules described                       methods under Executive Order 12898                   Jared Blumenfeld,
                                                  in the amendments to 40 CFR 52 set                      (59 FR 7629, February 16, 1994).
                                                                                                             The SIP is not approved to apply on                Regional Administrator, Region IX.
                                                  forth below. The EPA has made, and
                                                  will continue to make, these documents                  any Indian reservation land or in any                   Part 52, Chapter I, Title 40 of the Code
                                                  available electronically through                        other area where EPA or an Indian tribe               of Federal Regulations is amended as
                                                  www.regulations.gov and in hard copy                    has demonstrated that a tribe has                     follows:
                                                  at the appropriate EPA office (see the                  jurisdiction. In those areas of Indian
                                                  ADDRESSES section of this preamble for                  country, the rule does not have tribal                PART 52—APPROVAL AND
                                                  more information).                                      implications and will not impose                      PROMULGATION OF
                                                                                                          substantial direct costs on tribal                    IMPLEMENTATION PLANS
                                                  IV. Statutory and Executive Order                       governments or preempt tribal law as
                                                  Reviews                                                 specified by Executive Order 13175 (65                ■ 1. The authority citation for Part 52
                                                     Under the Clean Air Act, the                         FR 67249, November 9, 2000).                          continues to read as follows:
                                                  Administrator is required to approve a                     The Congressional Review Act, 5                        Authority: 42 U.S.C. 7401 et seq.
                                                  SIP submission that complies with the                   U.S.C. 801 et seq., as added by the Small
                                                  provisions of the Act and applicable                    Business Regulatory Enforcement                       Subpart F—California
                                                  Federal regulations. 42 U.S.C. 7410(k);                 Fairness Act of 1996, generally provides
                                                                                                          that before a rule may take effect, the               ■ 2. Section 52.220 is amended by
                                                  40 CFR 52.02(a). Thus, in reviewing SIP
                                                                                                          agency promulgating the rule must                     adding paragraphs (c)(441)(i)(B)(3) and
                                                  submissions, EPA’s role is to approve
                                                                                                          submit a rule report, which includes a                (c)(441)(i)(C)(2) to read as follows:
                                                  State choices, provided that they meet
                                                  the criteria of the Clean Air Act.                      copy of the rule, to each House of the                § 52.220    Identification of plan.
                                                  Accordingly, this action merely                         Congress and to the Comptroller General
                                                                                                                                                                *     *     *     *    *
                                                  approves State law as meeting Federal                   of the United States. EPA will submit a                 (c) * * *
                                                  requirements and does not impose                        report containing this action and other                 (441) * * *
                                                  additional requirements beyond those                    required information to the U.S. Senate,                (i) * * *
                                                  imposed by State law. For that reason,                  the U.S. House of Representatives, and                  (B) * * *
                                                  this action:                                            the Comptroller General of the United                   (3) Rule 249, ‘‘Surface Coating of
                                                     • Is not a ‘‘significant regulatory                  States prior to publication of the rule in            Plastic Parts and Products,’’ adopted on
                                                  action’’ subject to review by the Office                the Federal Register. A major rule                    August 8, 2013.
                                                  of Management and Budget under                          cannot take effect until 60 days after it               (C) * * *
                                                  Executive Order 12866 (58 FR 51735,                     is published in the Federal Register.                   (2) Metalworking Fluids and Direct-
                                                  October 4, 1993);                                       This action is not a ‘‘major rule’’ as                Contact Lubricants,’’ adopted on
                                                     • Does not impose an information                     defined by 5 U.S.C. 804(2).                           November 12, 2013.
                                                  collection burden under the provisions                     Under section 307(b)(1) of the Clean
                                                                                                          Air Act, petitions for judicial review of             *     *     *     *    *
                                                  of the Paperwork Reduction Act (44                                                                            [FR Doc. 2015–06858 Filed 3–26–15; 8:45 am]
                                                  U.S.C. 3501 et seq.);                                   this action must be filed in the United
                                                                                                                                                                BILLING CODE 6560–50–P
                                                     • Is certified as not having a                       States Court of Appeals for the
                                                  significant economic impact on a                        appropriate circuit by May 26, 2015.
                                                  substantial number of small entities                    Filing a petition for reconsideration by              ENVIRONMENTAL PROTECTION
                                                  under the Regulatory Flexibility Act (5                 the Administrator of this final rule does             AGENCY
                                                  U.S.C. 601 et seq.);                                    not affect the finality of this action for
                                                     • Does not contain any unfunded                      the purposes of judicial review nor does              40 CFR Part 52
                                                  mandate or significantly or uniquely                    it extend the time within which a
                                                                                                          petition for judicial review may be filed,            [EPA–R06–OAR–2013–0804; FRL–9925–13–
                                                  affect small governments, as described                                                                        Region 6]
                                                  in the Unfunded Mandates Reform Act                     and shall not postpone the effectiveness
                                                  of 1995 (Pub. L. 104–4);                                of such rule or action. Parties with                  Approval and Promulgation of
                                                     • Does not have Federalism                           objections to this direct final rule are              Implementation Plans; Texas;
                                                  implications as specified in Executive                  encouraged to file a comment in                       Reasonably Available Control
                                                  Order 13132 (64 FR 43255, August 10,                    response to the parallel notice of                    Technology for the 1997 8-Hour Ozone
                                                  1999);                                                  proposed rulemaking for this action                   National Ambient Air Quality Standard
                                                     • Is not an economically significant                 published in the Proposed Rules section
                                                  regulatory action based on health or                    of today’s Federal Register, rather than              AGENCY:  Environmental Protection
                                                  safety risks subject to Executive Order                 file an immediate petition for judicial               Agency (EPA).
                                                  13045 (62 FR 19885, April 23, 1997);                    review of this direct final rule, so that             ACTION: Final rule.
                                                     • Is not a significant regulatory action             EPA can withdraw this direct final rule
                                                  subject to Executive Order 13211 (66 FR                 and address the comment in the                        SUMMARY:  The Environmental Protection
                                                  28355, May 22, 2001);                                   proposed rulemaking. This action may                  Agency (EPA) is finalizing its proposal
                                                     • Is not subject to requirements of                  not be challenged later in proceedings to             to approve revisions to the Texas State
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  Section 12(d) of the National                           enforce its requirements (see section                 Implementation Plan (SIP) for the
                                                  Technology Transfer and Advancement                     307(b)(2)).                                           Houston/Galveston/Brazoria (HGB) and
                                                  Act of 1995 (15 U.S.C. 272 note) because                                                                      Dallas Fort Worth (DFW) 1997 8-Hour
                                                  application of those requirements would                 List of Subjects in 40 CFR Part 52                    ozone nonattainment areas. The HGB
                                                  be inconsistent with the Clean Air Act;                   Environmental protection, Air                       area consists of Brazoria, Chambers, Fort
                                                  and                                                     pollution control, Incorporation by                   Bend, Galveston, Harris, Liberty,
                                                     • Does not provide EPA with the                      reference, Intergovernmental relations,               Montgomery and Waller counties. The
                                                  discretionary authority to address                      Ozone, Reporting and recordkeeping                    DFW area consists of Collin, Dallas,


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Document Created: 2015-12-18 11:36:30
Document Modified: 2015-12-18 11:36:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on May 26, 2015 without further notice, unless EPA receives adverse comments by April 27, 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.
ContactArnold Lazarus, EPA Region IX, (415) 947-3024, [email protected]
FR Citation80 FR 16289 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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