80_FR_32134 80 FR 32026 - Revisions to the California State Implementation Plan, Eastern Kern Air Pollution Control District, Mojave Desert Air Quality Management District

80 FR 32026 - Revisions to the California State Implementation Plan, Eastern Kern Air Pollution Control District, Mojave Desert Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 108 (June 5, 2015)

Page Range32026-32029
FR Document2015-13680

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Eastern Kern Air Pollution Control District (EKAPCD) and Mojave Desert Air Quality Management District (MDAQMD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from polyester resin operations and oil-water separators. The EPA is approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).

Federal Register, Volume 80 Issue 108 (Friday, June 5, 2015)
[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Rules and Regulations]
[Pages 32026-32029]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13680]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0228; FRL-9928-07-Region 9]


Revisions to the California State Implementation Plan, Eastern 
Kern Air Pollution Control District, Mojave Desert 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 Eastern Kern Air Pollution 
Control District (EKAPCD) and Mojave Desert Air Quality Management 
District (MDAQMD) portions of the California State Implementation Plan 
(SIP). These revisions concern volatile organic compound (VOC) 
emissions from polyester resin operations and oil-water separators. The 
EPA is approving local rules that regulate these emission sources under 
the Clean Air Act (CAA or the Act).

DATES: These rules are effective on August 4, 2015 without further 
notice, unless the EPA receives adverse comments by July 6, 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-
2015-0228 by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email: [email protected].
    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at www.regulations.gov, 
including any personal information provided, unless the comment 
includes Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Information that you 
consider CBI or otherwise protected should be clearly identified as 
such and should not be submitted through www.regulations.gov or email. 
www.regulations.gov is an ``anonymous access'' system, and the EPA will 
not know your identity or contact information unless you provide it in 
the body of your comment. If you send email directly to the EPA, your 
email address will be automatically captured and included as part of 
the public comment. If the EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, the 
EPA may not be able to consider your comment. Electronic files should 
avoid the use of special characters, any form of encryption, and be 
free of any defects or viruses.
    Docket: Generally, documents in the docket for this action are 
available electronically at www.regulations.gov and in hard copy at EPA 
Region IX, 75

[[Page 32027]]

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: Nancy Levin, EPA Region IX, (415) 972-
3848, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
II. EPA's Evaluation and Action
    A. How is the 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 proposal with the dates 
that they were adopted by the local air agencies and submitted by the 
California Air Resources Board.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                                     Adopted/
             Local agency                  Rule No.            Rule title             amended        Submitted
----------------------------------------------------------------------------------------------------------------
EKAPCD................................             432  Polyester Resin               03/13/2014      07/25/2014
                                                         Operations.
MDAQMD................................             464  Oil-Water Separators....      06/23/2014       11/6/2014
----------------------------------------------------------------------------------------------------------------

    On September 11, 2014, the EPA determined that the submittal for 
EKAPCD Rule 432 met the completeness criteria in 40 CFR part 51, 
appendix V, which must be met before formal EPA review. On December 18, 
2014, the EPA determined that the submittal for MDAQMD Rule 464 met the 
completeness criteria in 40 CFR part 51, appendix V.

B. Are there other versions of these rules?

    There are no previous versions of Rule 432 in the SIP. We approved 
an earlier version of Rule 464 into the SIP on September 27, 1995 (60 
FR 49772).

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.
    The purpose of Rule 432 is to reduce VOC emissions from polyester 
resin operations. Rule 432 requires that for open molding processes, 
operators must use materials that comply with limits specified in Table 
1 of the rule. It also sets requirements for non-monomer VOC content 
and for the use of resins containing a vapor suppressant. Rule 432 
requires use of a closed-mold system or installation and operation of a 
VOC emission control system that meets specific requirements, including 
an overall capture and control efficiency of at least 90 percent by 
weight. In addition, the rule sets requirements for touch up, repair, 
and small jobs, spray application, organic solvents used in cleaning 
operations, and solvent storage and disposal. Rule 432 provides 
exemptions for small uses and certain solvent cleaning operations. It 
includes recordkeeping requirements, test methods, and compliance 
schedules.
    The purpose of Rule 464 is to reduce VOC emissions from oil-water 
separators. Revised Rule 464 updates the rule's applicability to 
include additional oil-water separators, specifies cover seal 
tolerances, updates the required overall control efficiency from 90% to 
95%, addresses the processing of oil or tar skimmed from separators, 
reduces the threshold for fugitive leak violations, clarifies 
exemptions, extends the recordkeeping requirement to 5 years, and adds 
test methods.
    EPA's technical support documents (TSDs) have more information 
about these rules.

II. EPA's Evaluation and Action

A. How is the EPA evaluating the rules?

    SIP rules must be enforceable (see CAA section 110(a)(2)), must not 
interfere with applicable requirements concerning attainment and 
reasonable further progress or other CAA requirements (see CAA section 
110(l)), and must not modify certain SIP control requirements in 
nonattainment areas without ensuring equivalent or greater emissions 
reductions (see CAA section 193).
    Guidance and policy documents that we use to evaluate 
enforceability, revision/relaxation and rule stringency requirements 
for the applicable criteria pollutants include the following:

    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, 
and Deviations'' (``the Bluebook,'' U.S. EPA, May 25, 1988; revised 
January 11, 1990).
    2. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies'' (``the Little Bluebook'', EPA Region 9, August 21, 
2001).

    Generally, SIP rules must require Reasonably Available Control 
Technology (RACT) for each category of sources covered by a Control 
Techniques Guidelines (CTG) document as well as each VOC major source 
in ozone nonattainment areas classified as moderate or above (see 
sections 182(b)(2) and 182(f)).
    The EPA has designated the EKAPCD as a Moderate nonattainment area 
for the 1997 8-hour ozone standard and as a Marginal nonattainment area 
for the 2008 8-hour ozone standard. See 40 CFR 81.305. Rule 432 must 
implement RACT for the 1997 8-hour ozone standard because RACT 
requirements apply in areas designated as Moderate or above (i.e., or 
Serious, Severe, or Extreme).
    The EPA has designated a portion of the MDAQMD as a Severe 
nonattainment area for both the 1997 and 2008 8-hour ozone standards. 
Rule 464 must implement RACT because RACT requirements apply in areas 
designated as Moderate or above.

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 TSDs 
have more information on our evaluation.

C. The EPA's Recommendations To Further Improve the Rules

    The TSDs describe additional rule revisions that we recommend for 
the

[[Page 32028]]

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, the 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 July 6, 2015, we will publish a timely 
withdrawal in the Federal Register to notify the public that the direct 
final approval will not take effect and we will address the comments in 
a subsequent final action based on the proposal. If we do not receive 
timely adverse comments, the direct final approval will be effective 
without further notice on August 4, 2015. This will incorporate these 
rules into the federally enforceable SIP.
    Please note that if the EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, the EPA may adopt as final 
those provisions of the rule that are not the subject of an adverse 
comment.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
EKAPCD and MDAQMD rules described in the amendments to 40 CFR part 52 
set forth below. The EPA has made, and will continue to make, these 
documents generally available electronically through 
www.regulations.gov and in hard copy at the appropriate EPA office (see 
the ADDRESSES section of this preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 4, 2015. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the Proposed 
Rules section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that the EPA 
can withdraw this direct final rule and address the comment in the 
proposed rulemaking. This action may not be challenged later in 
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: May 8, 2015.
Alexis Strauss,
Acting Regional Administrator, Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(447)(i)(D) and 
(c)(457)(i)(B) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *

[[Page 32029]]

    (447) * * *
    (i) * * *
    (D) Eastern Kern Air Pollution Control District.
    (1) Rule 432, ``Polyester Resin Operations,'' adopted on March 13, 
2014.
* * * * *
    (457) * * *
    (i) * * *
    (B) Mojave Desert Air Quality Management District.
    (1) Rule 464, ``Oil-Water Separators,'' amended on June 23, 2014.
* * * * *
[FR Doc. 2015-13680 Filed 6-4-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                32026                 Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations

                                                practicable and legally permissible                     States prior to publication of the rule in              reference, Intergovernmental relations,
                                                methods, under Executive Order 12898                    the Federal Register. A major rule                      Nitrogen oxides, Particulate matter,
                                                (59 FR 7629, February 16, 1994).                        cannot take effect until 60 days after it               Reporting and recordkeeping
                                                In addition, this rule does not have                    is published in the Federal Register.                   requirements, Sulfur dioxide, Volatile
                                                tribal implications as specified by                     This action is not a ‘‘major rule’’ as                  organic compounds.
                                                Executive Order 13175 (65 FR 67249,                     defined by 5 U.S.C. 804(2).                              Dated: May 26, 2015.
                                                November 9, 2000), because the SIP is                   C. Petitions for Judicial Review                        William C. Early,
                                                not approved to apply in Indian country                    Under section 307(b)(1) of the CAA,                  Acting Regional Administrator, Region III.
                                                located in the state, and EPA notes that                petitions for judicial review of this
                                                it will not impose substantial direct                                                                               40 CFR part 52 is amended as follows:
                                                                                                        action must be filed in the United States
                                                costs on tribal governments or preempt                  Court of Appeals for the appropriate                    PART 52—APPROVAL AND
                                                tribal law.                                             circuit by August 4, 2015. Filing a                     PROMULGATION OF
                                                B. Submission to Congress and the                       petition for reconsideration by the                     IMPLEMENTATION PLANS
                                                Comptroller General                                     Administrator of this final rule does not
                                                                                                        affect the finality of this action for the              ■ 1. The authority citation for part 52
                                                  The Congressional Review Act, 5                       purposes of judicial review nor does it                 continues to read as follows:
                                                U.S.C. 801 et seq., as added by the Small               extend the time within which a petition                     Authority: 42 U.S.C. 7401 et seq.
                                                Business Regulatory Enforcement                         for judicial review may be filed, and
                                                Fairness Act of 1996, generally provides                shall not postpone the effectiveness of                 Subpart XX—West Virginia
                                                that before a rule may take effect, the                 such rule or action.
                                                agency promulgating the rule must                          This action to approve West Virginia’s               ■ 2. In § 52.2520, the table in paragraph
                                                submit a rule report, which includes a                  regional haze five-year progress report                 (e) is amended by adding an entry for
                                                copy of the rule, to each House of the                  SIP revision may not be challenged later                Regional Haze Five-Year Progress
                                                Congress and to the Comptroller General                 in proceedings to enforce its                           Report at the end of the table to read as
                                                of the United States. EPA will submit a                 requirements. (See section 307(b)(2).)                  follows:
                                                report containing this action and other
                                                required information to the U.S. Senate,                List of Subjects in 40 CFR Part 52                      § 52.2520    Identification of plan.
                                                the U.S. House of Representatives, and                    Environmental protection, Air                         *       *    *      *     *
                                                the Comptroller General of the United                   pollution control, Incorporation by                         (e) * * *

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


                                                         *                  *                      *                               *                     *                   *                          *
                                                Regional Haze Five-Year Progress Report .......... Statewide ....               4/30/13      6/5/15 [Insert Federal Register Citation].



                                                [FR Doc. 2015–13801 Filed 6–4–15; 8:45 am]              polyester resin operations and oil-water                including any personal information
                                                BILLING CODE 6560–50–P                                  separators. The EPA is approving local                  provided, unless the comment includes
                                                                                                        rules that regulate these emission                      Confidential Business Information (CBI)
                                                                                                        sources under the Clean Air Act (CAA                    or other information whose disclosure is
                                                ENVIRONMENTAL PROTECTION                                or the Act).                                            restricted by statute. Information that
                                                AGENCY                                                  DATES: These rules are effective on                     you consider CBI or otherwise protected
                                                                                                        August 4, 2015 without further notice,                  should be clearly identified as such and
                                                40 CFR Part 52                                                                                                  should not be submitted through
                                                                                                        unless the EPA receives adverse
                                                [EPA–R09–OAR–2015–0228; FRL–9928–07–                    comments by July 6, 2015. If we receive                 www.regulations.gov or email.
                                                Region 9]                                               such comments, we will publish a                        www.regulations.gov is an ‘‘anonymous
                                                                                                        timely withdrawal in the Federal                        access’’ system, and the EPA will not
                                                Revisions to the California State                       Register to notify the public that this                 know your identity or contact
                                                Implementation Plan, Eastern Kern Air                   direct final rule will not take effect.                 information unless you provide it in the
                                                Pollution Control District, Mojave                                                                              body of your comment. If you send
                                                                                                        ADDRESSES: Submit comments,
                                                Desert Air Quality Management District                                                                          email directly to the EPA, your email
                                                                                                        identified by docket number EPA–R09–
                                                AGENCY: Environmental Protection                        OAR–2015–0228 by one of the following                   address will be automatically captured
                                                Agency (EPA).                                           methods:                                                and included as part of the public
                                                                                                          1. Federal eRulemaking Portal:                        comment. If the EPA cannot read your
                                                ACTION: Direct final rule.
                                                                                                        www.regulations.gov. Follow the on-line                 comment due to technical difficulties
                                                SUMMARY:   The Environmental Protection                 instructions.                                           and cannot contact you for clarification,
                                                Agency (EPA) is taking direct final                       2. Email: steckel.andrew@epa.gov.                     the EPA may not be able to consider
                                                action to approve revisions to the                        3. Mail or deliver: Andrew Steckel                    your comment. Electronic files should
mstockstill on DSK4VPTVN1PROD with RULES




                                                Eastern Kern Air Pollution Control                      (Air–4), U.S. Environmental Protection                  avoid the use of special characters, any
                                                District (EKAPCD) and Mojave Desert                     Agency Region IX, 75 Hawthorne Street,                  form of encryption, and be free of any
                                                Air Quality Management District                         San Francisco, CA 94105–3901.                           defects or viruses.
                                                (MDAQMD) portions of the California                       Instructions: All comments will be                      Docket: Generally, documents in the
                                                State Implementation Plan (SIP). These                  included in the public docket without                   docket for this action are available
                                                revisions concern volatile organic                      change and may be made available                        electronically at www.regulations.gov
                                                compound (VOC) emissions from                           online at www.regulations.gov,                          and in hard copy at EPA Region IX, 75


                                           VerDate Sep<11>2014   17:17 Jun 04, 2015   Jkt 235001   PO 00000   Frm 00056    Fmt 4700   Sfmt 4700   E:\FR\FM\05JNR1.SGM   05JNR1


                                                                           Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations                                                      32027

                                                Hawthorne Street, San Francisco,                                   FOR FURTHER INFORMATION CONTACT:                              B. Do the rules meet the evaluation
                                                California 94105–3901. While all                                   Nancy Levin, EPA Region IX, (415) 972–                           criteria?
                                                documents in the docket are listed at                              3848, levin.nancy@epa.gov.                                    C. EPA Recommendations to Further
                                                                                                                                                                                    Improve the Rules
                                                www.regulations.gov, some information                              SUPPLEMENTARY INFORMATION:                                    D. Public Comment and Final Action
                                                may be publicly available only at the                              Throughout this document, ‘‘we,’’ ‘‘us,’’                  III. Incorporation by Reference
                                                hard copy location (e.g., copyrighted                              and ‘‘our’’ refer to the EPA.                              IV. Statutory and Executive Order Reviews
                                                material, large maps), and some may not
                                                                                                                   Table of Contents                                          I. The State’s Submittal
                                                be publicly available in either location
                                                (e.g., CBI). To inspect the hard copy                              I. The State’s Submittal                                   A. What rules did the State submit?
                                                materials, please schedule an                                         A. What rules did the State submit?
                                                                                                                      B. Are there other versions of these rules?               Table 1 lists the rules addressed by
                                                appointment during normal business                                                                                            this proposal with the dates that they
                                                                                                                      C. What is the purpose of the submitted
                                                hours with the contact listed in the FOR                                                                                      were adopted by the local air agencies
                                                                                                                        rules?
                                                FURTHER INFORMATION CONTACT section.                               II. EPA’s Evaluation and Action                            and submitted by the California Air
                                                                                                                      A. How is the EPA evaluating the rules?                 Resources Board.
                                                                                                                         TABLE 1—SUBMITTED RULES
                                                                                                                                                                                                 Adopted/
                                                                      Local agency                                   Rule No.                              Rule title                                          Submitted
                                                                                                                                                                                                 amended

                                                EKAPCD .........................................................             432    Polyester Resin Operations ...........................       03/13/2014      07/25/2014
                                                MDAQMD ........................................................              464    Oil-Water Separators .....................................   06/23/2014       11/6/2014



                                                  On September 11, 2014, the EPA                                   cleaning operations, and solvent storage                   (‘‘the Bluebook,’’ U.S. EPA, May 25, 1988;
                                                determined that the submittal for                                  and disposal. Rule 432 provides                            revised January 11, 1990).
                                                EKAPCD Rule 432 met the completeness                               exemptions for small uses and certain                         2. ‘‘Guidance Document for Correcting
                                                                                                                                                                              Common VOC & Other Rule Deficiencies’’
                                                criteria in 40 CFR part 51, appendix V,                            solvent cleaning operations. It includes                   (‘‘the Little Bluebook’’, EPA Region 9, August
                                                which must be met before formal EPA                                recordkeeping requirements, test                           21, 2001).
                                                review. On December 18, 2014, the EPA                              methods, and compliance schedules.
                                                determined that the submittal for                                                                                                Generally, SIP rules must require
                                                                                                                     The purpose of Rule 464 is to reduce
                                                MDAQMD Rule 464 met the                                                                                                       Reasonably Available Control
                                                                                                                   VOC emissions from oil-water
                                                completeness criteria in 40 CFR part 51,                                                                                      Technology (RACT) for each category of
                                                                                                                   separators. Revised Rule 464 updates
                                                appendix V.                                                                                                                   sources covered by a Control
                                                                                                                   the rule’s applicability to include
                                                                                                                                                                              Techniques Guidelines (CTG) document
                                                B. Are there other versions of these                               additional oil-water separators, specifies
                                                                                                                                                                              as well as each VOC major source in
                                                rules?                                                             cover seal tolerances, updates the
                                                                                                                                                                              ozone nonattainment areas classified as
                                                                                                                   required overall control efficiency from
                                                  There are no previous versions of                                                                                           moderate or above (see sections
                                                                                                                   90% to 95%, addresses the processing
                                                Rule 432 in the SIP. We approved an                                                                                           182(b)(2) and 182(f)).
                                                                                                                   of oil or tar skimmed from separators,                        The EPA has designated the EKAPCD
                                                earlier version of Rule 464 into the SIP                           reduces the threshold for fugitive leak                    as a Moderate nonattainment area for
                                                on September 27, 1995 (60 FR 49772).                               violations, clarifies exemptions, extends                  the 1997 8-hour ozone standard and as
                                                C. What is the purpose of the submitted                            the recordkeeping requirement to 5                         a Marginal nonattainment area for the
                                                rules?                                                             years, and adds test methods.                              2008 8-hour ozone standard. See 40 CFR
                                                                                                                     EPA’s technical support documents                        81.305. Rule 432 must implement RACT
                                                  VOCs help produce ground-level                                   (TSDs) have more information about                         for the 1997 8-hour ozone standard
                                                ozone and smog, which harm human                                   these rules.                                               because RACT requirements apply in
                                                health and the environment. Section
                                                                                                                   II. EPA’s Evaluation and Action                            areas designated as Moderate or above
                                                110(a) of the CAA requires States to
                                                                                                                                                                              (i.e., or Serious, Severe, or Extreme).
                                                submit regulations that control VOC                                A. How is the EPA evaluating the rules?                       The EPA has designated a portion of
                                                emissions.
                                                                                                                     SIP rules must be enforceable (see                       the MDAQMD as a Severe
                                                  The purpose of Rule 432 is to reduce                                                                                        nonattainment area for both the 1997
                                                VOC emissions from polyester resin                                 CAA section 110(a)(2)), must not
                                                                                                                   interfere with applicable requirements                     and 2008 8-hour ozone standards. Rule
                                                operations. Rule 432 requires that for                                                                                        464 must implement RACT because
                                                open molding processes, operators must                             concerning attainment and reasonable
                                                                                                                   further progress or other CAA                              RACT requirements apply in areas
                                                use materials that comply with limits                                                                                         designated as Moderate or above.
                                                specified in Table 1 of the rule. It also                          requirements (see CAA section 110(l)),
                                                sets requirements for non-monomer                                  and must not modify certain SIP control                    B. Do the rules meet the evaluation
                                                VOC content and for the use of resins                              requirements in nonattainment areas                        criteria?
                                                containing a vapor suppressant. Rule                               without ensuring equivalent or greater
                                                                                                                                                                                We believe these rules are consistent
                                                432 requires use of a closed-mold                                  emissions reductions (see CAA section
                                                                                                                                                                              with the relevant policy and guidance
                                                system or installation and operation of                            193).
                                                                                                                                                                              regarding enforceability, RACT, and SIP
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                                                a VOC emission control system that                                   Guidance and policy documents that                       relaxations. The TSDs have more
                                                meets specific requirements, including                             we use to evaluate enforceability,                         information on our evaluation.
                                                an overall capture and control efficiency                          revision/relaxation and rule stringency
                                                of at least 90 percent by weight. In                               requirements for the applicable criteria                   C. The EPA’s Recommendations To
                                                addition, the rule sets requirements for                           pollutants include the following:                          Further Improve the Rules
                                                touch up, repair, and small jobs, spray                              1. ‘‘Issues Relating to VOC Regulation                     The TSDs describe additional rule
                                                application, organic solvents used in                              Cutpoints, Deficiencies, and Deviations’’                  revisions that we recommend for the


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                                                32028                 Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations

                                                next time the local agencies modify the                 imposed by state law. For that reason,                 and other required information to the
                                                rules but are not currently the basis for               this action:                                           U.S. Senate, the U.S. House of
                                                rule disapproval.                                          • Is not a significant regulatory action            Representatives, and the Comptroller
                                                                                                        subject to review by the Office of                     General of the United States prior to
                                                D. Public Comment and Final Action
                                                                                                        Management and Budget under                            publication of the rule in the Federal
                                                  As authorized in section 110(k)(3) of                 Executive Orders 12866 (58 FR 51735,                   Register. A major rule cannot take effect
                                                the Act, the EPA is fully approving the                 October 4, 1993) and 13563 (76 FR 3821,                until 60 days after it is published in the
                                                submitted rules because we believe they                 January 21, 2011);                                     Federal Register. This action is not a
                                                fulfill all relevant requirements. We do                   • does not impose an information                    ‘‘major rule’’ as defined by 5 U.S.C.
                                                not think anyone will object to this                    collection burden under the provisions                 804(2).
                                                approval, so we are finalizing it without               of the Paperwork Reduction Act (44                        Under section 307(b)(1) of the Clean
                                                proposing it in advance. However, in                    U.S.C. 3501 et seq.);                                  Air Act, petitions for judicial review of
                                                the Proposed Rules section of this                         • is certified as not having a                      this action must be filed in the United
                                                Federal Register, we are simultaneously                 significant economic impact on a                       States Court of Appeals for the
                                                proposing approval of the same                          substantial number of small entities                   appropriate circuit by August 4, 2015.
                                                submitted rules. If we receive adverse                  under the Regulatory Flexibility Act (5                Filing a petition for reconsideration by
                                                comments by July 6, 2015, we will                       U.S.C. 601 et seq.);                                   the Administrator of this final rule does
                                                publish a timely withdrawal in the                         • does not contain any unfunded                     not affect the finality of this action for
                                                Federal Register to notify the public                   mandate or significantly or uniquely                   the purposes of judicial review nor does
                                                that the direct final approval will not                 affect small governments, as described                 it extend the time within which a
                                                take effect and we will address the                     in the Unfunded Mandates Reform Act                    petition for judicial review may be filed,
                                                comments in a subsequent final action                   of 1995 (Pub. L. 104–4);                               and shall not postpone the effectiveness
                                                based on the proposal. If we do not                        • does not have Federalism                          of such rule or action. Parties with
                                                receive timely adverse comments, the                    implications as specified in Executive                 objections to this direct final rule are
                                                direct final approval will be effective                 Order 13132 (64 FR 43255, August 10,                   encouraged to file a comment in
                                                without further notice on August 4,                     1999);                                                 response to the parallel notice of
                                                2015. This will incorporate these rules                    • is not an economically significant                proposed rulemaking for this action
                                                into the federally enforceable SIP.                     regulatory action based on health or                   published in the Proposed Rules section
                                                  Please note that if the EPA receives                  safety risks subject to Executive Order                of this Federal Register, rather than file
                                                adverse comment on an amendment,                        13045 (62 FR 19885, April 23, 1997);                   an immediate petition for judicial
                                                paragraph, or section of this rule and if                  • is not a significant regulatory action            review of this direct final rule, so that
                                                that provision may be severed from the                  subject to Executive Order 13211 (66 FR                the EPA can withdraw this direct final
                                                remainder of the rule, the EPA may                      28355, May 22, 2001);                                  rule and address the comment in the
                                                adopt as final those provisions of the                     • is not subject to requirements of                 proposed rulemaking. This action may
                                                rule that are not the subject of an                     Section 12(d) of the National                          not be challenged later in proceedings to
                                                adverse comment.                                        Technology Transfer and Advancement                    enforce its requirements (see section
                                                                                                        Act of 1995 (15 U.S.C. 272 note) because               307(b)(2)).
                                                III. Incorporation by Reference                         application of those requirements would
                                                   In this rule, the EPA is finalizing                  be inconsistent with the Clean Air Act;                List of Subjects in 40 CFR Part 52
                                                regulatory text that includes                           and                                                      Environmental protection, Air
                                                incorporation by reference. In                             • does not provide the EPA with the                 pollution control, Incorporation by
                                                accordance with requirements of 1 CFR                   discretionary authority to address, as                 reference, Intergovernmental relations,
                                                51.5, the EPA is finalizing the                         appropriate, disproportionate human                    Ozone, Reporting and recordkeeping
                                                incorporation by reference of the                       health or environmental effects, using                 requirements, Volatile organic
                                                EKAPCD and MDAQMD rules described                       practicable and legally permissible                    compounds.
                                                in the amendments to 40 CFR part 52 set                 methods, under Executive Order 12898
                                                                                                                                                                 Dated: May 8, 2015.
                                                forth below. The EPA has made, and                      (59 FR 7629, February 16, 1994).
                                                                                                           In addition, the SIP is not approved                Alexis Strauss,
                                                will continue to make, these documents
                                                generally available electronically                      to apply on any Indian reservation land                Acting Regional Administrator, Region IX.
                                                through www.regulations.gov and in                      or in any other area where the EPA or                    Part 52, chapter I, title 40 of the Code
                                                hard copy at the appropriate EPA office                 an Indian tribe has demonstrated that a                of Federal Regulations is amended as
                                                (see the ADDRESSES section of this                      tribe has jurisdiction. In those areas of              follows:
                                                preamble for more information).                         Indian country, the rule does not have
                                                                                                        tribal implications and will not impose                PART 52—APPROVAL AND
                                                IV. Statutory and Executive Order                       substantial direct costs on tribal                     PROMULGATION OF
                                                Reviews                                                 governments or preempt tribal law as                   IMPLEMENTATION PLANS
                                                  Under the Clean Air Act, the                          specified by Executive Order 13175 (65
                                                                                                                                                               ■ 1. The authority citation for part 52
                                                Administrator is required to approve a                  FR 67249, November 9, 2000).
                                                                                                                                                               continues to read as follows:
                                                SIP submission that complies with the                      The Congressional Review Act, 5
                                                provisions of the Act and applicable                    U.S.C. 801 et seq., as added by the Small                  Authority: 42 U.S.C. 7401 et seq.
                                                Federal regulations. 42 U.S.C. 7410(k);                 Business Regulatory Enforcement
                                                40 CFR 52.02(a). Thus, in reviewing SIP                 Fairness Act of 1996, generally provides               Subpart F—California
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                                                submissions, the EPA’s role is to                       that before a rule may take effect, the                ■ 2. Section 52.220 is amended by
                                                approve state choices, provided that                    agency promulgating the rule must                      adding paragraphs (c)(447)(i)(D) and
                                                they meet the criteria of the Clean Air                 submit a rule report, which includes a                 (c)(457)(i)(B) to read as follows:
                                                Act. Accordingly, this action merely                    copy of the rule, to each House of the
                                                approves state law as meeting Federal                   Congress and to the Comptroller General                § 52.220    Identification of plan.
                                                requirements and does not impose                        of the United States. The EPA will                     *       *    *      *      *
                                                additional requirements beyond those                    submit a report containing this action                     (c) * * *


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                                                                      Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations                                         32029

                                                  (447) * * *                                           in the Environmental Protection Agency                 provided in 40 CFR part 178. To ensure
                                                  (i) * * *                                             Docket Center (EPA/DC), West William                   proper receipt by EPA, you must
                                                  (D) Eastern Kern Air Pollution Control                Jefferson Clinton Bldg., Rm. 3334, 1301                identify docket ID number EPA–HQ–
                                                District.                                               Constitution Ave. NW., Washington, DC                  OPP–2014–0265 in the subject line on
                                                  (1) Rule 432, ‘‘Polyester Resin                       20460–0001. The Public Reading Room                    the first page of your submission. All
                                                Operations,’’ adopted on March 13,                      is open from 8:30 a.m. to 4:30 p.m.,                   objections and requests for a hearing
                                                2014.                                                   Monday through Friday, excluding legal                 must be in writing, and must be
                                                *     *     *     *    *                                holidays. The telephone number for the                 received by the Hearing Clerk on or
                                                  (457) * * *                                           Public Reading Room is (202) 566–1744,                 before August 4, 2015. Addresses for
                                                  (i) * * *                                             and the telephone number for the OPP                   mail and hand delivery of objections
                                                  (B) Mojave Desert Air Quality                         Docket is (703) 305–5805. Please review                and hearing requests are provided in 40
                                                Management District.                                    the visitor instructions and additional                CFR 178.25(b).
                                                  (1) Rule 464, ‘‘Oil-Water Separators,’’               information about the docket available                   In addition to filing an objection or
                                                amended on June 23, 2014.                               at http://www.epa.gov/dockets.                         hearing request with the Hearing Clerk
                                                                                                        FOR FURTHER INFORMATION CONTACT:                       as described in 40 CFR part 178, please
                                                *     *     *     *    *
                                                [FR Doc. 2015–13680 Filed 6–4–15; 8:45 am]              Susan Lewis, Registration Division                     submit a copy of the filing (excluding
                                                                                                        (7505P), Office of Pesticide Programs,                 any Confidential Business Information
                                                BILLING CODE 6560–50–P
                                                                                                        Environmental Protection Agency, 1200                  (CBI)) for inclusion in the public docket.
                                                                                                        Pennsylvania Ave. NW., Washington,                     Information not marked confidential
                                                ENVIRONMENTAL PROTECTION                                DC 20460–0001; main telephone                          pursuant to 40 CFR part 2 may be
                                                AGENCY                                                  number: (703) 305–7090; email address:                 disclosed publicly by EPA without prior
                                                                                                        RDFRNotices@epa.gov.                                   notice. Submit the non-CBI copy of your
                                                40 CFR Part 180                                                                                                objection or hearing request, identified
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                                                                               by docket ID number EPA–HQ–OPP–
                                                [EPA–HQ–OPP–2014–0265; FRL–9927–65]                                                                            2014–0265, by one of the following
                                                                                                        I. General Information
                                                n-Butyl benzoate; Exemptions From                                                                              methods:
                                                                                                        A. Does this action apply to me?                         • Federal eRulemaking Portal: http://
                                                the Requirement of a Tolerance
                                                                                                           You may be potentially affected by                  www.regulations.gov. Follow the online
                                                AGENCY:  Environmental Protection                       this action if you are an agricultural                 instructions for submitting comments.
                                                Agency (EPA).                                           producer, food manufacturer, or                        Do not submit electronically any
                                                ACTION: Final rule.                                     pesticide manufacturer. The following                  information you consider to be CBI or
                                                                                                        list of North American Industrial                      other information whose disclosure is
                                                SUMMARY:   This regulation establishes                  Classification System (NAICS) codes is                 restricted by statute.
                                                exemptions from the requirement of a                    not intended to be exhaustive, but rather                • Mail: OPP Docket, Environmental
                                                tolerance for residues of n-butyl                       provides a guide to help readers                       Protection Agency Docket Center (EPA/
                                                benzoate (CAS Reg. No. 136–60–7)                        determine whether this document                        DC), (28221T), 1200 Pennsylvania Ave.
                                                when used as an inert ingredient                        applies to them. Potentially affected                  NW., Washington, DC 20460–0001.
                                                (solvent) in pesticide formulations                     entities may include:                                    • Hand Delivery: To make special
                                                applied to growing crops, raw                              • Crop production (NAICS code 111).                 arrangements for hand delivery or
                                                agricultural commodities after harvest,                    • Animal production (NAICS code                     delivery of boxed information, please
                                                and animals and when used as an inert                   112).                                                  follow the instructions at http://
                                                ingredient in antimicrobial formulations                   • Food manufacturing (NAICS code                    www.epa.gov/dockets/contacts.html.
                                                in food-contact surface sanitizer                       311).                                                    Additional instructions on
                                                products at a maximum level in the end-                    • Pesticide manufacturing (NAICS                    commenting or visiting the docket,
                                                use concentration of 15,000 parts per                   code 32532).                                           along with more information about
                                                million (ppm). Exponent, Inc., on behalf                                                                       dockets generally, is available at
                                                                                                        B. How can I get electronic access to                  http://www.epa.gov/dockets.
                                                Huntsman Corp., submitted a petition to                 other related information?
                                                EPA under the Federal Food, Drug, and                                                                          II. Petition for Exemption
                                                Cosmetic Act (FFDCA), requesting                          You may access a frequently updated
                                                establishment of an exemption from the                  electronic version of 40 CFR part 180                     In the Federal Register of October 24,
                                                requirement of a tolerance. This                        through the Government Publishing                      2014 (Vol. 79 FR 63594) (FRL–9916–03),
                                                regulation eliminates the need to                       Office’s e-CFR site at http://                         EPA issued a document pursuant to
                                                establish a maximum permissible level                   www.ecfr.gov/cgi-bin/text-                             FFDCA section 408, 21 U.S.C. 346a,
                                                for residues of n-butyl benzoate.                       idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                   announcing the filing of a pesticide
                                                                                                        40tab_02.tpl. To access the OCSPP test                 petition (PP IN–10682) by Exponent,
                                                DATES: This regulation is effective June
                                                                                                        guidelines referenced in this document                 Inc., 1150 Connecticut Ave. NW., Suite
                                                5, 2015. Objections and requests for                                                                           1100, Washington, DC 20035 on behalf
                                                                                                        electronically, please go to http://
                                                hearings must be received on or before                                                                         Huntsman Corp., 8600 Gosling Road,
                                                                                                        www.epa.gov/ocspp and select ‘‘Test
                                                August 4, 2015, and must be filed in                                                                           The Woodlands, TX 77381. The petition
                                                                                                        Methods and Guidelines.’’
                                                accordance with the instructions                                                                               requested that 40 CFR 180.910, 180.930,
                                                provided in 40 CFR part 178 (see also                   C. How can I file an objection or hearing              and 180.940 be amended by establishing
                                                Unit I.C. of the SUPPLEMENTARY                          request?                                               an exemption from the requirement of a
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                                                INFORMATION).
                                                                                                          Under FFDCA section 408(g), 21                       tolerance for residues of n-butyl
                                                ADDRESSES:   The docket for this action,                U.S.C. 346a, any person may file an                    benzoate (CAS Reg. No. 136–60–7)
                                                identified by docket identification (ID)                objection to any aspect of this regulation             when used as an inert ingredient
                                                number EPA–HQ–OPP–2014–0265, is                         and may also request a hearing on those                (solvent) in pesticide formulations
                                                available at http://www.regulations.gov                 objections. You must file your objection               applied to growing crops, raw
                                                or at the Office of Pesticide Programs                  or request a hearing on this regulation                agricultural commodities after harvest,
                                                Regulatory Public Docket (OPP Docket)                   in accordance with the instructions                    and animals and when used as an inert


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Document Created: 2015-12-15 15:20:05
Document Modified: 2015-12-15 15:20:05
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.
DatesThese rules are effective on August 4, 2015 without further notice, unless the EPA receives adverse comments by July 6, 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.
ContactNancy Levin, EPA Region IX, (415) 972- 3848, [email protected]
FR Citation80 FR 32026 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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