80_FR_22724 80 FR 22646 - Revisions to the California State Implementation Plan, Feather River Air Quality Management District

80 FR 22646 - Revisions to the California State Implementation Plan, Feather River Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 78 (April 23, 2015)

Page Range22646-22648
FR Document2015-09409

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Feather River Air Quality Management District (FRAQMD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC), oxides of nitrogen (NO<INF>X</INF>) and particulate matter (PM) emissions from rice straw burning, surface preparation and cleanup for solvents, wood product coating operations, boilers, steam generators, process heaters, and stationary internal combustion engines. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).

Federal Register, Volume 80 Issue 78 (Thursday, April 23, 2015)
[Federal Register Volume 80, Number 78 (Thursday, April 23, 2015)]
[Rules and Regulations]
[Pages 22646-22648]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09409]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0924; FRL-9924-77-Region 9]


Revisions to the California State Implementation Plan, Feather 
River Air Quality Management 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 Feather River Air Quality 
Management District (FRAQMD) portion of the California State 
Implementation Plan (SIP). These revisions concern volatile organic 
compound (VOC), oxides of nitrogen (NOX) and particulate 
matter (PM) emissions from rice straw burning, surface preparation and 
cleanup for solvents, wood product coating operations, boilers, steam 
generators, process heaters, and stationary internal combustion 
engines. 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 June 22, 2015 without further notice, 
unless EPA receives adverse comments by May 26, 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-
2014-0924, 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: Kevin Gong, EPA Region IX, (415) 972-
3073, [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 or rule revisions?
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 action with the dates 
that they were adopted by the local air agency and submitted by the 
California Air Resources Board.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                                    Adopted or
          Local agency             Rule No.               Rule title                  amended        Submitted
----------------------------------------------------------------------------------------------------------------
FRAQMD.........................         10.9  Rice Straw Emission Reduction             4/6/2009       11/6/2014
                                               Credits and Banking.
FRAQMD.........................         3.14  Surface Preparation and Clean-Up..        8/1/2011       2/10/2014
FRAQMD.........................         3.20  Wood Products Coating Operations..        8/1/2011       2/10/2014
FRAQMD.........................         3.21  Industrial, Institutional, and            6/5/2006       2/10/2014
                                               Commercial Boilers, Steam
                                               Generators, and Process Heaters.
FRAQMD.........................         3.22  Stationary Internal Combustion           10/6/2014       11/6/2014
                                               Engines.
----------------------------------------------------------------------------------------------------------------


[[Page 22647]]

    On May 5, 2014, EPA determined that the submittal for FRAQMD 
Rules 3.14, 3.20 and 3.21 met the completeness criteria in 40 CFR 
part 51, appendix V, which must be met before formal EPA review. On 
December 18, 2014, EPA determined that the submittal for FRAQMD 
Rules 10.9 and 3.22 met the completeness criteria.

B. Are there other versions of these rules?

    There are no previous versions of Rules 10.9, 3.20 and 3.21 in 
the SIP. We approved an earlier version of Rule 3.14 that had been 
submitted by the Sutter County Air Pollution Control District 
(SCAPCD) on May 3, 1982 in 47 FR 118856. SCAPCD is a predecessor 
agency to FRAQMD and so that version of the rule is enforceable by 
FRAQMD. We included an earlier version of Rule 3.22 into the SIP on 
March 1, 2012 in 77 FR 12493 in a limited approval and limited 
disapproval action.

C. What is the purpose of the submitted rules or rule revisions?

    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 10.9 
establishes standards, processes and procedures for calculating 
creditable VOC emissions reductions from the curtailment of rice 
straw burning. Rules 3.14 and 3.20 establish limits and control 
procedures for reducing VOC emissions resulting from solvent use and 
wood product coating operations. Rule 3.22 limits VOC emissions from 
internal combustion engines.
    NOX helps produce ground-level ozone, smog and 
particulate matter, which harm human health and the environment. 
Section 110(a) of the CAA requires States to submit regulations that 
control NOX emissions. Rule 10.9 establishes standards, 
processes and procedures for calculating creditable NOX 
emissions reductions from the curtailment of rice straw burning. 
Rules 3.21 and 3.22 limit NOX emissions from combustion 
sources including internal combustion engines, boilers, steam 
generators, and process heaters.
    PM contributes to effects that are harmful to human health and 
the environment, including premature mortality, aggravation of 
respiratory and cardiovascular disease, decreased lung function, 
visibility impairment, and damage to vegetation and ecosystems. 
Section 110(a) of the CAA requires States to submit regulations that 
control PM emissions. Rule 10.9 establishes standards, processes and 
procedures for calculating creditable PM emissions reductions from 
the curtailment of rice straw burning. Rules 3.21 and 3.22 directly 
limit NOX emissions which are a precursor to 
PM2.5.
    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?

    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). Additionally, 
Rule 10.9 includes provisions that generate emission reduction 
credits for use as offsets in the New Source Review (NSR) program, 
and must meet the NSR requirement for valid offsets (see CAA section 
173(c)). Such rules are also evaluated against EPA's non-binding 
guidance on economic incentive programs.
    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. ``State Implementation Plans; Nitrogen Oxides Supplement to 
the General Preamble; Clean Air Act Amendments of 1990 
Implementation of Title I; Proposed Rule'' (``the NOX 
Supplement,'' 57 FR 55620, November 25, 1992).
    5. ``Improving Air Quality with Economic Incentive Programs'' 
(EPA-452/R-01-001, January 2001) http://www.epa.gov/ttn/oarpg/t1/memoranda/eipfin.pdf.
    6. Rice Straw Emission Reduction Credit Model Rule Support 
Document (White Paper), Sacramento Federal Non-Attainment Area, 
October 16, 2008.
    7. ``Control Technique Guidelines for the Control of VOC 
Emission from Wood Furniture Manufacturing Operations'' (EPA-453/R-
96-007, April 1996).
    8. ``Control Technique Guidelines for Flat Wood Paneling 
Coatings'' (EPA-453/R-06-004, September 2006).
    9. ``Control of Volatile Organic Emissions from Solvent Metal 
Cleaning'' (EPA-450/2-77-022, November 1977).
    10. ``Control Techniques Guidelines for Industrial Cleaning 
Solvents'' (EPA-453/R-06-001 September 2006).
    11. ``Control Technique Guidelines for Flexible Package 
Printing'' (EPA-453/R-06-003, September 2006)
    12. ``Control of Volatile Organic Compound Emissions from 
Coating Operations at Aerospace Manufacturing and Rework 
Operations'' (EPA-453/R-97-004, December 1997)

    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 and 
NOX major source in ozone nonattainment areas classified as 
moderate or above (see sections 182(b)(2) and 182(f)). 40 CFR 81.305 
describes FRAQMD as regulating a portion of the Sacramento Metro Area 
nonattainment area classified as Severe-15 for the 1997 and 2008 8-hour 
ozone National Ambient Air Quality Standards (NAAQS), and classified as 
Severe-15 for the 1-hour ozone standard. The rest of FRAQMD is 
classified as a Section 185A Area for the 1-hour ozone standard. These 
rules must implement RACT, as the District regulates an ozone 
nonattainment area classified as Severe.

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability, RACT or RACM, 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, 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 May 26, 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 June 22, 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 accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the

[[Page 22648]]

incorporation by reference of the FRAQMD rules described in the 
amendments to 40 CFR part 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 June 22, 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 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, Nitrogen dioxide, Ozone, Particulate matter, 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)(442)(i)(E) and 
(c)(457) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (442) * * *
    (i) * * *
    (E) Feather River Air Quality Management District.
    (1) Rule 3.14, ``Surface Preparation and Clean-Up,'' amended on 
August 1, 2011.
    (2) Rule 3.20, ``Wood Products Coating Operations,'' amended on 
August 1, 2011.
    (3) Rule 3.21, ``Industrial, Institutional, and Commercial Boilers, 
Steam Generators, and Process Heaters,'' adopted on June 5, 2006.
* * * * *
    (457) New and amended regulations for the following APCDs were 
submitted on November 6, 2014 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Feather River Air Quality Management District.
    (1) Rule 10.9, ``Rice Straw Emission Reduction Credits and 
Banking,'' amended on October 6, 2014.
    (2) Rule 3.22, ``Stationary Internal Combustion Engines,'' amended 
on October 6, 2014.

[FR Doc. 2015-09409 Filed 4-22-15; 8:45 am]
 BILLING CODE 6560-50-P



                                              22646                Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations

                                              River, mile 12.1, to remain in the                             District (FRAQMD) portion of the                                 as part of the public comment. If EPA
                                              closed-to-navigation position and need                         California State Implementation Plan                             cannot read your comment due to
                                              not open for maritime traffic from 8:20                        (SIP). These revisions concern volatile                          technical difficulties and cannot contact
                                              a.m. on May 17, 2015 until 10:35 a.m.                          organic compound (VOC), oxides of                                you for clarification, EPA may not be
                                              on May 17, 2015. Waterway usage on                             nitrogen (NOX) and particulate matter                            able to consider your comment.
                                              this part of the Willamette River                              (PM) emissions from rice straw burning,                          Electronic files should avoid the use of
                                              includes vessels ranging from                                  surface preparation and cleanup for                              special characters, any form of
                                              commercial tug and barge to small                              solvents, wood product coating                                   encryption, and be free of any defects or
                                              pleasure craft.                                                operations, boilers, steam generators,                           viruses.
                                                 Vessels able to pass through the                            process heaters, and stationary internal                            Docket: Generally, documents in the
                                              bridge in the closed positions may do so                       combustion engines. We are approving                             docket for this action are available
                                              at anytime. The bridge will be able to                         local rules that regulate these emission                         electronically at www.regulations.gov
                                              open for emergencies and there is no                           sources under the Clean Air Act (CAA                             and in hard copy at EPA Region IX, 75
                                              immediate alternate route for vessels to                       or the Act).                                                     Hawthorne Street, San Francisco,
                                              pass. The Coast Guard will also inform                         DATES: This rule is effective on June 22,                        California 94105–3901. While all
                                              the users of the waterways through our                         2015 without further notice, unless EPA                          documents in the docket are listed at
                                              Local and Broadcast Notices to Mariners                        receives adverse comments by May 26,                             www.regulations.gov, some information
                                              of the change in operating schedule for                        2015. If we receive such comments, we                            may be publicly available only at the
                                              the bridge so that vessels can arrange                         will publish a timely withdrawal in the                          hard copy location (e.g., copyrighted
                                              their transits to minimize any impact                          Federal Register to notify the public                            material, large maps), and some may not
                                              caused by the temporary deviation.                             that this direct final rule will not take                        be publicly available in either location
                                                 In accordance with 33 CFR 117.35(e),                        effect.                                                          (e.g., CBI). To inspect the hard copy
                                              the drawbridge must return to its regular                      ADDRESSES: Submit comments,                                      materials, please schedule an
                                              operating schedule immediately at the                          identified by docket number EPA–R09–                             appointment during normal business
                                              end of the designated time period. This                        OAR–2014–0924, by one of the                                     hours with the contact listed in the FOR
                                              deviation from the operating regulations                       following methods:                                               FURTHER INFORMATION CONTACT section.
                                              is authorized under 33 CFR 117.35.                                1. Federal eRulemaking Portal:                                FOR FURTHER INFORMATION CONTACT:
                                                Dated: April 17, 2015.                                       www.regulations.gov. Follow the on-line                          Kevin Gong, EPA Region IX, (415) 972–
                                              Steven M. Fischer,                                             instructions.                                                    3073, Gong.Kevin@epa.gov.
                                              Bridge Administrator, Thirteenth Coast Guard                      2. Email: steckel.andrew@epa.gov.
                                                                                                                3. Mail or deliver: Andrew Steckel                            SUPPLEMENTARY INFORMATION:
                                              District.                                                                                                                       Throughout this document, ‘‘we,’’ ‘‘us,’’
                                              [FR Doc. 2015–09481 Filed 4–22–15; 8:45 am]
                                                                                                             (Air–4), U.S. Environmental Protection
                                                                                                             Agency Region IX, 75 Hawthorne Street,                           and ‘‘our’’ refer to EPA.
                                              BILLING CODE 9110–04–P
                                                                                                             San Francisco, CA 94105–3901.                                    Table of Contents
                                                                                                                Instructions: All comments will be
                                                                                                             included in the public docket without                            I. The State’s Submittal
                                              ENVIRONMENTAL PROTECTION                                                                                                           A. What rules did the State submit?
                                                                                                             change and may be made available                                    B. Are there other versions of these rules?
                                              AGENCY                                                         online at www.regulations.gov,                                      C. What is the purpose of the submitted
                                              40 CFR Part 52                                                 including any personal information                                     rules or rule revisions?
                                                                                                             provided, unless the comment includes                            II. EPA’s Evaluation and Action
                                              [EPA–R09–OAR–2014–0924; FRL–9924–77–                           Confidential Business Information (CBI)                             A. How is EPA evaluating the rules?
                                              Region 9]                                                      or other information whose disclosure is                            B. Do the rules meet the evaluation
                                                                                                             restricted by statute. Information that                                criteria?
                                              Revisions to the California State                                                                                                  C. EPA Recommendations to Further
                                                                                                             you consider CBI or otherwise protected
                                              Implementation Plan, Feather River Air                                                                                                Improve the Rules
                                                                                                             should be clearly identified as such and
                                              Quality Management District                                                                                                        D. Public Comment and Final Action
                                                                                                             should not be submitted through                                  III. Incorporation by Reference
                                              AGENCY: Environmental Protection                               www.regulations.gov or email.                                    IV. Statutory and Executive Order Reviews
                                              Agency (EPA).                                                  www.regulations.gov is an ‘‘anonymous
                                                                                                             access’’ system, and EPA will not know                           I. The State’s Submittal
                                              ACTION: Direct final rule.
                                                                                                             your identity or contact information                             A. What rules did the State submit?
                                              SUMMARY:   The Environmental Protection                        unless you provide it in the body of                               Table 1 lists the rules addressed by this
                                              Agency (EPA) is taking direct final                            your comment. If you send email                                  action with the dates that they were adopted
                                              action to approve revisions to the                             directly to EPA, your email address will                         by the local air agency and submitted by the
                                              Feather River Air Quality Management                           be automatically captured and included                           California Air Resources Board.

                                                                                                                     TABLE 1—SUBMITTED RULES
                                                                                                                                                                                                 Adopted or
                                               Local agency         Rule No.                                                        Rule title                                                                   Submitted
                                                                                                                                                                                                  amended

                                              FRAQMD     .....             10.9       Rice Straw Emission Reduction Credits and Banking ..........................................                  4/6/2009       11/6/2014
                                              FRAQMD     .....             3.14       Surface Preparation and Clean-Up .......................................................................      8/1/2011       2/10/2014
rljohnson on DSK7TPTVN1PROD with RULES




                                              FRAQMD     .....             3.20       Wood Products Coating Operations ......................................................................       8/1/2011       2/10/2014
                                              FRAQMD     .....             3.21       Industrial, Institutional, and Commercial Boilers, Steam Generators, and Proc-                                6/5/2006       2/10/2014
                                                                                        ess Heaters.
                                              FRAQMD .....                 3.22       Stationary Internal Combustion Engines ...............................................................       10/6/2014       11/6/2014




                                         VerDate Sep<11>2014     15:11 Apr 22, 2015     Jkt 235001    PO 00000     Frm 00028     Fmt 4700     Sfmt 4700    E:\FR\FM\23APR1.SGM         23APR1


                                                                 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations                                        22647

                                                On May 5, 2014, EPA determined that the               other CAA requirements (see CAA section               81.305 describes FRAQMD as regulating
                                              submittal for FRAQMD Rules 3.14, 3.20 and               110(l)), and must not modify certain SIP              a portion of the Sacramento Metro Area
                                              3.21 met the completeness criteria in 40 CFR            control requirements in nonattainment areas           nonattainment area classified as Severe-
                                              part 51, appendix V, which must be met                  without ensuring equivalent or greater
                                                                                                                                                            15 for the 1997 and 2008 8-hour ozone
                                              before formal EPA review. On December 18,               emissions reductions (see CAA section 193).
                                              2014, EPA determined that the submittal for             Additionally, Rule 10.9 includes provisions           National Ambient Air Quality Standards
                                              FRAQMD Rules 10.9 and 3.22 met the                      that generate emission reduction credits for          (NAAQS), and classified as Severe-15
                                              completeness criteria.                                  use as offsets in the New Source Review               for the 1-hour ozone standard. The rest
                                                                                                      (NSR) program, and must meet the NSR                  of FRAQMD is classified as a Section
                                              B. Are there other versions of these rules?             requirement for valid offsets (see CAA                185A Area for the 1-hour ozone
                                                 There are no previous versions of Rules              section 173(c)). Such rules are also evaluated        standard. These rules must implement
                                              10.9, 3.20 and 3.21 in the SIP. We approved             against EPA’s non-binding guidance on                 RACT, as the District regulates an ozone
                                              an earlier version of Rule 3.14 that had been           economic incentive programs.
                                              submitted by the Sutter County Air Pollution                                                                  nonattainment area classified as Severe.
                                                                                                         Guidance and policy documents that we
                                              Control District (SCAPCD) on May 3, 1982 in             use to evaluate enforceability, revision/             B. Do the rules meet the evaluation
                                              47 FR 118856. SCAPCD is a predecessor                   relaxation and rule stringency requirements           criteria?
                                              agency to FRAQMD and so that version of the             for the applicable criteria pollutants include
                                              rule is enforceable by FRAQMD. We                       the following:                                          We believe these rules are consistent
                                              included an earlier version of Rule 3.22 into              1. ‘‘State Implementation Plans; General           with the relevant policy and guidance
                                              the SIP on March 1, 2012 in 77 FR 12493 in              Preamble for the Implementation of Title I of         regarding enforceability, RACT or
                                              a limited approval and limited disapproval              the Clean Air Act Amendments of 1990,’’ (57           RACM, and SIP relaxations. The TSDs
                                              action.                                                 FR 13498, April 16, 1992 and 57 FR 18070,             have more information on our
                                                                                                      April 28, 1992).                                      evaluation.
                                              C. What is the purpose of the submitted rules
                                                                                                         2. ‘‘Issues Relating to VOC Regulation
                                              or rule revisions?
                                                                                                      Cutpoints, Deficiencies, and Deviations’’             C. EPA Recommendations To Further
                                                 VOCs help produce ground-level ozone                 (‘‘the Bluebook,’’ U.S. EPA, May 25, 1988;            Improve the Rules
                                              and smog, which harm human health and the               revised January 11, 1990).
                                              environment. Section 110(a) of the CAA                     3. ‘‘Guidance Document for Correcting                The TSDs describe additional rule
                                              requires States to submit regulations that              Common VOC & Other Rule Deficiencies’’                revisions that we recommend for the
                                              control VOC emissions. Rule 10.9 establishes            (‘‘the Little Bluebook’’, EPA Region 9, August        next time the local agency modifies the
                                              standards, processes and procedures for                 21, 2001).                                            rules but are not currently the basis for
                                              calculating creditable VOC emissions                       4. ‘‘State Implementation Plans; Nitrogen          rule disapproval.
                                              reductions from the curtailment of rice straw           Oxides Supplement to the General Preamble;
                                              burning. Rules 3.14 and 3.20 establish limits           Clean Air Act Amendments of 1990                      D. Public Comment and Final Action
                                              and control procedures for reducing VOC                 Implementation of Title I; Proposed Rule’’
                                              emissions resulting from solvent use and
                                                                                                                                                              As authorized in section 110(k)(3) of
                                                                                                      (‘‘the NOX Supplement,’’ 57 FR 55620,
                                              wood product coating operations. Rule 3.22                                                                    the Act, EPA is fully approving the
                                                                                                      November 25, 1992).
                                              limits VOC emissions from internal                         5. ‘‘Improving Air Quality with Economic           submitted rules because we believe they
                                              combustion engines.                                     Incentive Programs’’ (EPA–452/R–01–001,               fulfill all relevant requirements. We do
                                                 NOX helps produce ground-level ozone,                January 2001) http://www.epa.gov/ttn/oarpg/           not think anyone will object to this
                                              smog and particulate matter, which harm                 t1/memoranda/eipfin.pdf.                              approval, so we are finalizing it without
                                              human health and the environment. Section                  6. Rice Straw Emission Reduction Credit            proposing it in advance. However, in
                                              110(a) of the CAA requires States to submit             Model Rule Support Document (White                    the Proposed Rules section of this
                                              regulations that control NOX emissions. Rule            Paper), Sacramento Federal Non-Attainment
                                              10.9 establishes standards, processes and
                                                                                                                                                            Federal Register, we are simultaneously
                                                                                                      Area, October 16, 2008.
                                              procedures for calculating creditable NOX                                                                     proposing approval of the same
                                                                                                         7. ‘‘Control Technique Guidelines for the
                                              emissions reductions from the curtailment of            Control of VOC Emission from Wood                     submitted rules. If we receive adverse
                                              rice straw burning. Rules 3.21 and 3.22 limit           Furniture Manufacturing Operations’’ (EPA–            comments by May 26, 2015, we will
                                              NOX emissions from combustion sources                   453/R–96–007, April 1996).                            publish a timely withdrawal in the
                                              including internal combustion engines,                     8. ‘‘Control Technique Guidelines for Flat         Federal Register to notify the public
                                              boilers, steam generators, and process                  Wood Paneling Coatings’’ (EPA–453/R–06–               that the direct final approval will not
                                              heaters.                                                004, September 2006).                                 take effect and we will address the
                                                 PM contributes to effects that are harmful              9. ‘‘Control of Volatile Organic Emissions         comments in a subsequent final action
                                              to human health and the environment,                    from Solvent Metal Cleaning’’ (EPA–450/2–
                                              including premature mortality, aggravation of
                                                                                                                                                            based on the proposal. If we do not
                                                                                                      77–022, November 1977).
                                              respiratory and cardiovascular disease,                    10. ‘‘Control Techniques Guidelines for
                                                                                                                                                            receive timely adverse comments, the
                                              decreased lung function, visibility                     Industrial Cleaning Solvents’’ (EPA–453/R–            direct final approval will be effective
                                              impairment, and damage to vegetation and                06–001 September 2006).                               without further notice on June 22, 2015.
                                              ecosystems. Section 110(a) of the CAA                      11. ‘‘Control Technique Guidelines for             This will incorporate these rules into
                                              requires States to submit regulations that              Flexible Package Printing’’ (EPA–453/R–06–            the federally enforceable SIP.
                                              control PM emissions. Rule 10.9 establishes             003, September 2006)                                    Please note that if EPA receives
                                              standards, processes and procedures for                    12. ‘‘Control of Volatile Organic Compound         adverse comment on an amendment,
                                              calculating creditable PM emissions                     Emissions from Coating Operations at                  paragraph, or section of this rule and if
                                              reductions from the curtailment of rice straw           Aerospace Manufacturing and Rework                    that provision may be severed from the
                                              burning. Rules 3.21 and 3.22 directly limit             Operations’’ (EPA–453/R–97–004, December
                                              NOX emissions which are a precursor to
                                                                                                                                                            remainder of the rule, EPA may adopt
                                                                                                      1997)
                                              PM2.5.                                                                                                        as final those provisions of the rule that
                                                 EPA’s technical support documents (TSDs)               Generally, SIP rules must require                   are not the subject of an adverse
                                              have more information about these rules.                Reasonably Available Control                          comment.
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                                                                                                      Technology (RACT) for each category of
                                              II. EPA’s Evaluation and Action                         sources covered by a Control                          III. Incorporation by Reference
                                              A. How is EPA evaluating the rules?                     Techniques Guidelines (CTG) document                     In this rule, the EPA is finalizing
                                                 SIP rules must be enforceable (see CAA               as well as each VOC and NOX major                     regulatory text that includes
                                              section 110(a)(2)), must not interfere with             source in ozone nonattainment areas                   incorporation by reference. In
                                              applicable requirements concerning                      classified as moderate or above (see                  accordance with requirements of 1 CFR
                                              attainment and reasonable further progress or           sections 182(b)(2) and 182(f)). 40 CFR                51.5, the EPA is finalizing the


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                                              22648              Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations

                                              incorporation by reference of the                       appropriate, and legally permissible                    Dated: February 27, 2015.
                                              FRAQMD rules described in the                           methods under Executive Order 12898                   Jared Blumenfeld,
                                              amendments to 40 CFR part 52 set forth                  (59 FR 7629, February 16, 1994).                      Regional Administrator, Region IX.
                                              below. The EPA has made, and will                          The SIP is not approved to apply on                  Part 52, chapter I, title 40 of the Code
                                              continue to make, these documents                       any Indian reservation land or in any                 of Federal Regulations is amended as
                                              available electronically through                        other area where EPA or an Indian tribe               follows:
                                              www.regulations.gov and in hard copy                    has demonstrated that a tribe has
                                              at the appropriate EPA office (see the                  jurisdiction. In those areas of Indian                PART 52—APPROVAL AND
                                              ADDRESSES section of this preamble for                  country, the rule does not have tribal                PROMULGATION OF
                                              more information).                                      implications and will not impose                      IMPLEMENTATION PLANS
                                                                                                      substantial direct costs on tribal
                                              IV. Statutory and Executive Order                       governments or preempt tribal law as                  ■ 1. The authority citation for part 52
                                              Reviews                                                 specified by Executive Order 13175 (65                continues to read as follows:
                                                 Under the Clean Air Act, the                         FR 67249, November 9, 2000).                              Authority: 42 U.S.C. 7401 et seq.
                                              Administrator is required to approve a                     The Congressional Review Act, 5
                                              SIP submission that complies with the                   U.S.C. 801 et seq., as added by the Small             Subpart F—California
                                              provisions of the Act and applicable                    Business Regulatory Enforcement
                                              Federal regulations. 42 U.S.C. 7410(k);                 Fairness Act of 1996, generally provides              ■ 2. Section 52.220, is amended by
                                              40 CFR 52.02(a). Thus, in reviewing SIP                 that before a rule may take effect, the               adding paragraphs (c)(442)(i)(E) and
                                              submissions, EPA’s role is to approve                   agency promulgating the rule must                     (c)(457) to read as follows:
                                              State choices, provided that they meet                  submit a rule report, which includes a                § 52.220    Identification of plan.
                                              the criteria of the Clean Air Act.                      copy of the rule, to each House of the
                                                                                                      Congress and to the Comptroller General               *      *    *     *     *
                                              Accordingly, this action merely                                                                                 (c) * * *
                                              approves State law as meeting Federal                   of the United States. EPA will submit a
                                                                                                                                                              (442) * * *
                                              requirements and does not impose                        report containing this action and other
                                                                                                                                                              (i) * * *
                                              additional requirements beyond those                    required information to the U.S. Senate,                (E) Feather River Air Quality
                                              imposed by State law. For that reason,                  the U.S. House of Representatives, and                Management District.
                                              this action:                                            the Comptroller General of the United                   (1) Rule 3.14, ‘‘Surface Preparation
                                                 • Is not a ‘‘significant regulatory                  States prior to publication of the rule in            and Clean-Up,’’ amended on August 1,
                                              action’’ subject to review by the Office                the Federal Register. A major rule                    2011.
                                              of Management and Budget under                          cannot take effect until 60 days after it               (2) Rule 3.20, ‘‘Wood Products
                                              Executive Order 12866 (58 FR 51735,                     is published in the Federal Register.                 Coating Operations,’’ amended on
                                              October 4, 1993);                                       This action is not a ‘‘major rule’’ as                August 1, 2011.
                                                 • does not impose an information                     defined by 5 U.S.C. 804(2).                             (3) Rule 3.21, ‘‘Industrial,
                                              collection burden under the provisions                     Under section 307(b)(1) of the Clean               Institutional, and Commercial Boilers,
                                              of the Paperwork Reduction Act (44                      Air Act, petitions for judicial review of             Steam Generators, and Process Heaters,’’
                                              U.S.C. 3501 et seq.);                                   this action must be filed in the United               adopted on June 5, 2006.
                                                 • is certified as not having a                       States Court of Appeals for the
                                                                                                                                                            *      *    *     *     *
                                              significant economic impact on a                        appropriate circuit by June 22, 2015.
                                                                                                                                                              (457) New and amended regulations
                                              substantial number of small entities                    Filing a petition for reconsideration by
                                                                                                                                                            for the following APCDs were submitted
                                              under the Regulatory Flexibility Act (5                 the Administrator of this final rule does
                                                                                                                                                            on November 6, 2014 by the Governor’s
                                              U.S.C. 601 et seq.);                                    not affect the finality of this action for
                                                                                                                                                            designee.
                                                 • does not contain any unfunded                      the purposes of judicial review nor does
                                                                                                                                                              (i) Incorporation by reference.
                                              mandate or significantly or uniquely                    it extend the time within which a                       (A) Feather River Air Quality
                                              affect small governments, as described                  petition for judicial review may be filed,            Management District.
                                              in the Unfunded Mandates Reform Act                     and shall not postpone the effectiveness                (1) Rule 10.9, ‘‘Rice Straw Emission
                                              of 1995 (Pub. L. 104–4);                                of such rule or action. Parties with                  Reduction Credits and Banking,’’
                                                 • does not have Federalism                           objections to this direct final rule are              amended on October 6, 2014.
                                              implications as specified in Executive                  encouraged to file a comment in                         (2) Rule 3.22, ‘‘Stationary Internal
                                              Order 13132 (64 FR 43255, August 10,                    response to the parallel notice of                    Combustion Engines,’’ amended on
                                              1999);                                                  proposed rulemaking for this action                   October 6, 2014.
                                                 • is not an economically significant                 published in the Proposed Rules section
                                                                                                                                                            [FR Doc. 2015–09409 Filed 4–22–15; 8:45 am]
                                              regulatory action based on health or                    of this Federal Register, rather than file
                                                                                                                                                            BILLING CODE 6560–50–P
                                              safety risks subject to Executive Order                 an immediate petition for judicial
                                              13045 (62 FR 19885, April 23, 1997);                    review of this direct final rule, so that
                                                 • is not a significant regulatory action             EPA can withdraw this direct final rule               ENVIRONMENTAL PROTECTION
                                              subject to Executive Order 13211 (66 FR                 and address the comment in the                        AGENCY
                                              28355, May 22, 2001);                                   proposed rulemaking. This action may
                                                 • is not subject to requirements of                  not be challenged later in proceedings to             40 CFR Part 180
                                              Section 12(d) of the National                           enforce its requirements (see section
                                              Technology Transfer and Advancement                     307(b)(2)).                                           [EPA–HQ–OPP–2014–0355; FRL–9926–66]
                                              Act of 1995 (15 U.S.C. 272 note) because
                                                                                                      List of Subjects in 40 CFR Part 52                    Bicyclopyrone; Pesticide Tolerances
rljohnson on DSK7TPTVN1PROD with RULES




                                              application of those requirements would
                                              be inconsistent with the Clean Air Act;                   Environmental protection, Air                       AGENCY:  Environmental Protection
                                              and                                                     pollution control, Incorporation by                   Agency (EPA).
                                                 • does not provide EPA with the                      reference, Nitrogen dioxide, Ozone,                   ACTION: Final rule.
                                              discretionary authority to address                      Particulate matter, Reporting and
                                              disproportionate human health or                        recordkeeping requirements, Volatile                  SUMMARY:  This regulation establishes
                                              environmental effects with practical,                   organic compounds.                                    tolerances for residues of bicyclopyrone


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Document Created: 2015-12-16 08:41:01
Document Modified: 2015-12-16 08:41:01
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 June 22, 2015 without further notice, unless EPA receives adverse comments by May 26, 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.
ContactKevin Gong, EPA Region IX, (415) 972- 3073, [email protected]
FR Citation80 FR 22646 

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