80_FR_33307 80 FR 33195 - Revisions to the California State Implementation Plan, Butte County Air Quality Management District, Feather River Air Quality Management District, and San Luis Obispo County Air Pollution Control District

80 FR 33195 - Revisions to the California State Implementation Plan, Butte County Air Quality Management District, Feather River Air Quality Management District, and San Luis Obispo County Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 112 (June 11, 2015)

Page Range33195-33198
FR Document2015-14079

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Butte County Air Quality Management District (BCAQMD), Feather River Air Quality Management District (FRAQMD), and San Luis Obispo County Air Pollution Control District (SLOCAPCD) portions of the California State Implementation Plan (SIP). These revisions concern emission statements, definitions, and vehicle and mobile equipment coating operations (VMECO). We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).

Federal Register, Volume 80 Issue 112 (Thursday, June 11, 2015)
[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)]
[Rules and Regulations]
[Pages 33195-33198]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14079]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0246; FRL-9928-09-Region 9]


Revisions to the California State Implementation Plan, Butte 
County Air Quality Management District, Feather River Air Quality 
Management District, and San Luis Obispo County Air Pollution Control 
District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Butte County Air Quality Management District 
(BCAQMD), Feather River Air Quality Management District (FRAQMD), and 
San Luis Obispo County Air Pollution Control District (SLOCAPCD) 
portions of the California State Implementation Plan (SIP). These 
revisions concern emission statements, definitions, and vehicle and 
mobile equipment coating operations (VMECO). We are approving local 
rules that regulate these emission sources under the Clean Air Act (CAA 
or the Act).

DATES: This rule is effective on August 10, 2015 without further 
notice, unless the EPA receives adverse comments by July 13, 2015. If 
we receive such comments, we will publish a timely withdrawal in the 
Federal Register to notify the public that this direct final rule will 
not take effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2015-0246, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email: steckel.andrew@epa.gov.
    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at www.regulations.gov, 
including any personal information provided, unless the comment 
includes Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Information that you 
consider CBI or otherwise protected should be clearly identified as 
such and should not be submitted through www.regulations.gov or email. 
www.regulations.gov is an ``anonymous access'' system, and the EPA will 
not know your identity or contact information unless you provide it in 
the body of your comment. If you send email directly to the EPA, your 
email address will be automatically captured and included as part of 
the public comment. If the EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, the 
EPA may not be able to consider your comment. Electronic files should 
avoid the use of special characters, any form of encryption, and be 
free of any defects or viruses.
    Docket: Generally, documents in the docket for this action are 
available electronically at www.regulations.gov and in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901. 
While all documents in the docket are listed at www.regulations.gov, 
some information may be publicly available only at the hard copy 
location (e.g., copyrighted material, large maps), and some may not be 
publicly available in either location (e.g., CBI). To inspect the hard 
copy materials, please schedule an appointment during normal business 
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT 
section.

FOR FURTHER INFORMATION CONTACT: Arnold Lazarus, EPA Region IX, (415) 
972-3024 lazarus.arnold@epa.gov.

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

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. The EPA Recommendations To Further Improve the Rules
    D. Public Comment and Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules addressed by this action with the dates 
that they were adopted by the local air agencies and submitted by the 
California Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                                          Adopted/
              Local agency                  Rule No.              Rule title              Amended     Submitted
----------------------------------------------------------------------------------------------------------------
BCAQMD..................................          101  Definitions....................      4/24/14     11/06/14
BCAQMD..................................          434  Emissions Statements...........      4/25/13      2/10/14
FRAQMD..................................         3.19  Vehicle and Mobile Equipment         8/01/11      2/10/14
                                                        Coating Operations.
SLOCAPCD................................          222  Federal Emission Statement.....      5/28/14     11/06/14
----------------------------------------------------------------------------------------------------------------


[[Page 33196]]

    On May 5, 2014, the EPA determined that the submittal for BCAQMD 
Rule 434 and FRAQMD Rule 3.19 met the completeness criteria in 40 CFR 
part 51 Appendix V, which must be met before formal EPA review. On 
December 18, 2014, the EPA determined that BCAQMD Rule 101 and SLOCAPCD 
Rule 222 met the completeness criteria.

B. Are there other versions of these rules?

    There are no previous versions of BCAQMD Rule 434, FRAQMD Rule 
3.19, and SLOCAPCD Rule 222 in the SIP. We approved an earlier version 
of BCAQMD Rule 101 into the SIP on February 3, 1987 (52 FR 3226).

C. What is the purpose of the submitted rules?

    Volatile Organic Compounds (VOCs) help produce ground-level ozone 
and smog, which harm human health and the environment. Section 110(a) 
of the CAA requires States to submit regulations that control VOC 
emissions.
    BCAQMD Rule 101, ``Definitions'' is amended by adding new 
definitions and revising existing definitions which improve clarity and 
enforceability of other BCAQMD rules which reduce emissions.
    BCAQMD Rule 434 and SLOCAPCD Rule 222 require ``Emissions 
Statements.'' CAA section 182(a)(3)(B)(i) directs ozone nonattainment 
areas to require certified emission data from sources of VOCs and 
oxides of nitrogen (NOX).
    FRAQMD Rule 3.19, Vehicle and Mobile Equipment Coating Operations, 
establishes limits on the emission of VOC from VMECO.
    The EPA's technical support documents (TSDs) have more information 
about these rules.

II. EPA's Evaluation and Action

A. How is the EPA evaluating the rules?

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

    1. ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 
(57 FR 13498, April 16, 1992 and 57 FR 18070, April 28, 1992).
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, 
and Deviations'' (``the Bluebook,'' U.S. EPA, May 25, 1988; revised 
January 11, 1990).
    3. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies'' (``the Little Bluebook'', EPA Region 9, August 21, 
2001).
    4. EPA's draft ``Guidance on the Implementation of an Emission 
Statement Program,'' July 1992.
    5. FRAQMD ``Reasonably Available Control Technology Analysis and 
Negative Declaration'', July 3, 2014.
    6. National Volatile Organic Compound Emission Standards, 40 CFR 
59.102, Subpart B, Table 1, VOC Content Limits for Automobile 
Refinish Coatings.
    7. California Air Resources Board (CARB) Resolution 05-46, 
October 20, 2005, Attachment A, ``Suggested Control Measure for 
Automotive Coatings,'' Section 4.1 ``Coating Limits.''
    8. South Coast Air Quality Management District Rule 1151, Motor 
Vehicle and Motor Equipment Non-Assembly Line Coating Operations, 
amended December 2, 2005, and approved into the SIP on September 24, 
2013 (78 FR 58459.)
    9. San Joaquin Valley Unified Air Pollution Control District 
Rule 4612, Motor Vehicle and Mobile Equipment Coating Operations, 
amended October 21, 2010, and approved into the SIP on February 13, 
2012 (77 FR 7536.)
    10. Ventura County Air Quality Management District, Rule 74.18, 
Motor Vehicle and Mobile Equipment Coating Operations amended 
November 11, 2008, and approved into the SIP on September 24, 2013 
(78 FR 58459.)

    Generally, SIP rules must require Reasonably Available Control 
Technology (RACT) for each category of sources covered by a Control 
Techniques Guidelines (CTG) document as well as each VOC major source 
in ozone nonattainment areas classified as moderate or above (see 
sections 182(b)(2) and 182(f)).
    The FRAQMD covers both Yuba and Sutter Counties, and the EPA has 
designated a portion of the FRAQMD (specifically, southern Sutter 
County) as a Severe nonattainment area for the 1-hour ozone standard 
and the 1997 and 2008 8-hour ozone national ambient air quality 
standards (NAAQS or standards). See 40 CFR 81.305. Therefore, FRAQMD 
must implement RACT for at least portions of the District. The EPA 
believes that FRAQMD Rule 3.19 does not implement RACT-level 
requirements. However, on September 29, 2014, CARB submitted to the EPA 
on behalf of FRAQMD, ``Reasonably Available Control Technology Analysis 
and Negative Declaration,'' dated July 3, 2014, which demonstrates that 
Rule 3.19 does not have to implement RACT because no CTGs apply to the 
source category and there are no major sources in the non-attainment 
area that the rule addresses. RACT is not required of the other rules 
addressed in this action because they are not intended to directly 
control emissions.
    As noted above, CAA section 182(a)(3)(B)(i) requires all states 
with ozone nonattainment areas classified under subpart 2 (of part D of 
title I), i.e., as Marginal, Moderate, Serious, etc., to submit SIP 
revisions that require owners and operators of stationary sources of 
VOCs and NOX to provide the state with a statement showing 
the actual emissions from that source. The EPA has designated all or 
portions of BCAQMD and SLOCAPCD as Marginal nonattainment areas for the 
1997 or the 2008 8-hour ozone standards. See 40 CFR 81.305. Thus, 
BCAQMD Rule 434 and SLOCAPCD Rule 222 are required SIP revisions. Based 
on our evaluation of these two emissions statement rules, we find that 
they meet the requirements of CAA section 182(a)(3)(B)(i).

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability, rule stringency, and SIP 
relaxations. The TSDs have more information on our evaluation.

C. EPA Recommendations To Further Improve the Rules

    The TSDs describe additional rule revisions that we recommend for 
the next time the local agency modifies the rules but are not currently 
the basis for rule disapproval.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, the EPA is fully 
approving the submitted rules because we believe they fulfill all 
relevant requirements.\1\ We do not think anyone will object to this 
approval, so we are finalizing it without proposing it in advance. 
However, in

[[Page 33197]]

the Proposed Rules section of this Federal Register, we are 
simultaneously proposing approval of the same submitted rules. If we 
receive adverse comments by July 13, 2015, we will publish a timely 
withdrawal in the Federal Register to notify the public that the direct 
final approval will not take effect and we will address the comments in 
a subsequent final action based on the proposal. If we do not receive 
timely adverse comments, the direct final approval will be effective 
without further notice on August 10, 2015. This will incorporate these 
rules into the federally enforceable SIP.
---------------------------------------------------------------------------

    \1\ BCAQMD Rule 434, FRAQMD Rule 3.19, and SLOCAPCD Rule 222 are 
all new to the SIP and thus would not supersede any existing SIP 
rules. Upon the effective date of this final action, BCAQMD Rule 101 
would supersede existing SIP BCAQMD Rules 101 (``Title'') and 102 
(``Definitions''), approved at 52 FR 3226 (February 3, 1987), in the 
applicable California SIP, except for the following definitions from 
existing SIP BCAQMD Rule 102: ``approved ignition devices,'' ``open 
out-door fire,'' ``permissive burn day,'' ``range improvement 
burning,'' ``submerged fill pipe,'' and ``vapor recovery system.'' 
While these terms are no longer included in BCAQMD's definitions 
rule (i.e., Rule 101), they are relied upon by certain existing SIP 
prohibitory rules, such as existing SIP BCAQMD Rules 213, 215, 302, 
313, 317, and 323.
---------------------------------------------------------------------------

    Please note that if the EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, the EPA may adopt as final 
those provisions of the rule that are not the subject of an adverse 
comment.

III. Incorporation by Reference

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

IV. Statutory and Executive Order Reviews

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

List of Subjects in 40 CFR Part 52

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

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

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

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. Section 52.220, is amended by adding paragraphs (c)(442) (i)(E)(4) 
and (G) and (c)(457)(i)(C) and (D) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (442) * * *
    (i) * * *
    (E) * * *
    (4) Rule 3.19, ``Vehicle and Mobile Equipment Coating Operations,'' 
amended on August 1, 2011.
* * * * *

[[Page 33198]]

    (G) Butte County Air Quality Management District.
    (1) Rule 434, ``Emission Statements,'' adopted on April 25, 2013.
* * * * *
    (457) * * *
    (i) * * *
    (C) * * *
    (1) Rule 101, ``Definitions,'' amended on April 24, 2014.
    (D) San Luis Obispo County Air Pollution Control District.
    (1) Rule 222, ``Federal Emission Statement,'' adopted on May 28, 
2014.
* * * * *
[FR Doc. 2015-14079 Filed 6-10-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                 Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Rules and Regulations                                                                             33195

                                                                                                   EPA-APPROVED IOWA REGULATIONS—Continued
                                                                                                                                                    State
                                               Iowa citation                                       Title                                           effective                EPA approval date                          Explanation
                                                                                                                                                     date

                                                   *                          *                   *                  *                                                    *                     *                              *
                                           567–33.3 ............    Special Construction Permit Requirements for Major                                  4/22/14        6/11/15 and [Insert Fed-
                                                                      Stationary Sources in Areas Designated Attain-                                                     eral Register citation].
                                                                      ment or Unclassified (PSD).

                                                       *                          *                         *                               *                              *                               *                   *



                                           *       *       *       *       *                               notify the public that this direct final                                 electronically at www.regulations.gov
                                           [FR Doc. 2015–14089 Filed 6–10–15; 8:45 am]                     rule will not take effect.                                               and in hard copy at EPA Region IX, 75
                                           BILLING CODE 6560–50–P                                          ADDRESSES: Submit comments,                                              Hawthorne Street, San Francisco,
                                                                                                           identified by docket number EPA–R09–                                     California 94105–3901. While all
                                                                                                           OAR–2015–0246, by one of the                                             documents in the docket are listed at
                                           ENVIRONMENTAL PROTECTION                                        following methods:                                                       www.regulations.gov, some information
                                           AGENCY                                                            1. Federal eRulemaking Portal:                                         may be publicly available only at the
                                                                                                           www.regulations.gov. Follow the on-line                                  hard copy location (e.g., copyrighted
                                           40 CFR Part 52                                                  instructions.                                                            material, large maps), and some may not
                                           [EPA–R09–OAR–2015–0246; FRL–9928–09–                              2. Email: steckel.andrew@epa.gov.                                      be publicly available in either location
                                           Region 9]                                                         3. Mail or deliver: Andrew Steckel                                     (e.g., CBI). To inspect the hard copy
                                                                                                           (Air-4), U.S. Environmental Protection                                   materials, please schedule an
                                           Revisions to the California State                               Agency Region IX, 75 Hawthorne Street,                                   appointment during normal business
                                           Implementation Plan, Butte County Air                           San Francisco, CA 94105–3901.                                            hours with the contact listed in the FOR
                                           Quality Management District, Feather                              Instructions: All comments will be                                     FURTHER INFORMATION CONTACT section.
                                           River Air Quality Management District,                          included in the public docket without                                    FOR FURTHER INFORMATION CONTACT:
                                           and San Luis Obispo County Air                                  change and may be made available                                         Arnold Lazarus, EPA Region IX, (415)
                                           Pollution Control District                                      online at www.regulations.gov,                                           972–3024 lazarus.arnold@epa.gov.
                                                                                                           including any personal information
                                           AGENCY: Environmental Protection                                                                                                         SUPPLEMENTARY INFORMATION:
                                                                                                           provided, unless the comment includes
                                           Agency (EPA).                                                                                                                            Throughout this document, ‘‘we,’’ ‘‘us,’’
                                                                                                           Confidential Business Information (CBI)
                                                                                                                                                                                    and ‘‘our’’ refer to the EPA.
                                           ACTION: Direct final rule.                                      or other information whose disclosure is
                                                                                                           restricted by statute. Information that                                  Table of Contents
                                           SUMMARY:   The Environmental Protection                         you consider CBI or otherwise protected
                                           Agency (EPA) is proposing to approve                                                                                                     I. The State’s Submittal
                                                                                                           should be clearly identified as such and                                    A. What rules did the State submit?
                                           revisions to the Butte County Air                               should not be submitted through                                             B. Are there other versions of these rules?
                                           Quality Management District                                     www.regulations.gov or email.                                               C. What is the purpose of the submitted
                                           (BCAQMD), Feather River Air Quality                             www.regulations.gov is an ‘‘anonymous                                          rules?
                                           Management District (FRAQMD), and                               access’’ system, and the EPA will not                                    II. The EPA’s Evaluation and Action
                                           San Luis Obispo County Air Pollution                            know your identity or contact                                               A. How is the EPA evaluating the rules?
                                           Control District (SLOCAPCD) portions                            information unless you provide it in the                                    B. Do the rules meet the evaluation
                                           of the California State Implementation                          body of your comment. If you send                                              criteria?
                                           Plan (SIP). These revisions concern                                                                                                         C. The EPA Recommendations To Further
                                                                                                           email directly to the EPA, your email                                          Improve the Rules
                                           emission statements, definitions, and                           address will be automatically captured
                                           vehicle and mobile equipment coating                                                                                                        D. Public Comment and Final Action
                                                                                                           and included as part of the public                                       III. Incorporation by Reference
                                           operations (VMECO). We are approving                            comment. If the EPA cannot read your                                     IV. Statutory and Executive Order Reviews
                                           local rules that regulate these emission                        comment due to technical difficulties
                                           sources under the Clean Air Act (CAA                            and cannot contact you for clarification,                                I. The State’s Submittal
                                           or the Act).                                                    the EPA may not be able to consider
                                           DATES: This rule is effective on August
                                                                                                                                                                                    A. What rules did the State submit?
                                                                                                           your comment. Electronic files should
                                           10, 2015 without further notice, unless                         avoid the use of special characters, any                                   Table 1 lists the rules addressed by
                                           the EPA receives adverse comments by                            form of encryption, and be free of any                                   this action with the dates that they were
                                           July 13, 2015. If we receive such                               defects or viruses.                                                      adopted by the local air agencies and
                                           comments, we will publish a timely                                Docket: Generally, documents in the                                    submitted by the California Air
                                           withdrawal in the Federal Register to                           docket for this action are available                                     Resources Board (CARB).
                                                                                                                  TABLE 1—SUBMITTED RULES
                                                                                                                                                                                                                 Adopted/
                                                       Local agency                        Rule No.                                                  Rule title                                                               Submitted
Lhorne on DSK2VPTVN1PROD with RULES




                                                                                                                                                                                                                 Amended

                                           BCAQMD ....................................             101     Definitions .......................................................................................      4/24/14        11/06/14
                                           BCAQMD ....................................             434     Emissions Statements ....................................................................                4/25/13         2/10/14
                                           FRAQMD ....................................             3.19    Vehicle and Mobile Equipment Coating Operations ......................                                   8/01/11         2/10/14
                                           SLOCAPCD ................................               222     Federal Emission Statement ..........................................................                    5/28/14        11/06/14




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                                           33196              Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Rules and Regulations

                                             On May 5, 2014, the EPA determined                    the Clean Air Act Amendments of 1990,’’ (57            have to implement RACT because no
                                           that the submittal for BCAQMD Rule                      FR 13498, April 16, 1992 and 57 FR 18070,              CTGs apply to the source category and
                                           434 and FRAQMD Rule 3.19 met the                        April 28, 1992).                                       there are no major sources in the non-
                                                                                                      2. ‘‘Issues Relating to VOC Regulation
                                           completeness criteria in 40 CFR part 51                 Cutpoints, Deficiencies, and Deviations’’
                                                                                                                                                          attainment area that the rule addresses.
                                           Appendix V, which must be met before                    (‘‘the Bluebook,’’ U.S. EPA, May 25, 1988;             RACT is not required of the other rules
                                           formal EPA review. On December 18,                      revised January 11, 1990).                             addressed in this action because they
                                           2014, the EPA determined that                              3. ‘‘Guidance Document for Correcting               are not intended to directly control
                                           BCAQMD Rule 101 and SLOCAPCD                            Common VOC & Other Rule Deficiencies’’                 emissions.
                                           Rule 222 met the completeness criteria.                 (‘‘the Little Bluebook’’, EPA Region 9, August            As noted above, CAA section
                                                                                                   21, 2001).                                             182(a)(3)(B)(i) requires all states with
                                           B. Are there other versions of these                       4. EPA’s draft ‘‘Guidance on the
                                                                                                                                                          ozone nonattainment areas classified
                                           rules?                                                  Implementation of an Emission Statement
                                                                                                   Program,’’ July 1992.                                  under subpart 2 (of part D of title I), i.e.,
                                             There are no previous versions of                        5. FRAQMD ‘‘Reasonably Available                    as Marginal, Moderate, Serious, etc., to
                                           BCAQMD Rule 434, FRAQMD Rule                            Control Technology Analysis and Negative               submit SIP revisions that require owners
                                           3.19, and SLOCAPCD Rule 222 in the                      Declaration’’, July 3, 2014.                           and operators of stationary sources of
                                           SIP. We approved an earlier version of                     6. National Volatile Organic Compound               VOCs and NOX to provide the state with
                                           BCAQMD Rule 101 into the SIP on                         Emission Standards, 40 CFR 59.102, Subpart             a statement showing the actual
                                           February 3, 1987 (52 FR 3226).                          B, Table 1, VOC Content Limits for                     emissions from that source. The EPA
                                                                                                   Automobile Refinish Coatings.
                                           C. What is the purpose of the submitted                    7. California Air Resources Board (CARB)            has designated all or portions of
                                           rules?                                                  Resolution 05–46, October 20, 2005,                    BCAQMD and SLOCAPCD as Marginal
                                                                                                   Attachment A, ‘‘Suggested Control Measure              nonattainment areas for the 1997 or the
                                             Volatile Organic Compounds (VOCs)                     for Automotive Coatings,’’ Section 4.1                 2008 8-hour ozone standards. See 40
                                           help produce ground-level ozone and                     ‘‘Coating Limits.’’                                    CFR 81.305. Thus, BCAQMD Rule 434
                                           smog, which harm human health and                          8. South Coast Air Quality Management               and SLOCAPCD Rule 222 are required
                                           the environment. Section 110(a) of the                  District Rule 1151, Motor Vehicle and Motor            SIP revisions. Based on our evaluation
                                           CAA requires States to submit                           Equipment Non-Assembly Line Coating                    of these two emissions statement rules,
                                           regulations that control VOC emissions.                 Operations, amended December 2, 2005, and
                                                                                                   approved into the SIP on September 24, 2013            we find that they meet the requirements
                                             BCAQMD Rule 101, ‘‘Definitions’’ is                                                                          of CAA section 182(a)(3)(B)(i).
                                                                                                   (78 FR 58459.)
                                           amended by adding new definitions and
                                                                                                      9. San Joaquin Valley Unified Air Pollution         B. Do the rules meet the evaluation
                                           revising existing definitions which                     Control District Rule 4612, Motor Vehicle
                                           improve clarity and enforceability of                   and Mobile Equipment Coating Operations,
                                                                                                                                                          criteria?
                                           other BCAQMD rules which reduce                         amended October 21, 2010, and approved                   We believe these rules are consistent
                                           emissions.                                              into the SIP on February 13, 2012 (77 FR               with the relevant policy and guidance
                                             BCAQMD Rule 434 and SLOCAPCD                          7536.)                                                 regarding enforceability, rule stringency,
                                           Rule 222 require ‘‘Emissions                               10. Ventura County Air Quality                      and SIP relaxations. The TSDs have
                                           Statements.’’ CAA section 182(a)(3)(B)(i)               Management District, Rule 74.18, Motor
                                                                                                   Vehicle and Mobile Equipment Coating                   more information on our evaluation.
                                           directs ozone nonattainment areas to
                                                                                                   Operations amended November 11, 2008, and              C. EPA Recommendations To Further
                                           require certified emission data from                    approved into the SIP on September 24, 2013
                                           sources of VOCs and oxides of nitrogen                                                                         Improve the Rules
                                                                                                   (78 FR 58459.)
                                           (NOX).                                                                                                           The TSDs describe additional rule
                                             FRAQMD Rule 3.19, Vehicle and                            Generally, SIP rules must require
                                                                                                                                                          revisions that we recommend for the
                                           Mobile Equipment Coating Operations,                    Reasonably Available Control
                                                                                                                                                          next time the local agency modifies the
                                           establishes limits on the emission of                   Technology (RACT) for each category of
                                                                                                                                                          rules but are not currently the basis for
                                           VOC from VMECO.                                         sources covered by a Control
                                                                                                                                                          rule disapproval.
                                             The EPA’s technical support                           Techniques Guidelines (CTG) document
                                           documents (TSDs) have more                              as well as each VOC major source in                    D. Public Comment and Final Action
                                           information about these rules.                          ozone nonattainment areas classified as                  As authorized in section 110(k)(3) of
                                                                                                   moderate or above (see sections                        the Act, the EPA is fully approving the
                                           II. EPA’s Evaluation and Action                         182(b)(2) and 182(f)).                                 submitted rules because we believe they
                                           A. How is the EPA evaluating the rules?                    The FRAQMD covers both Yuba and
                                                                                                                                                          fulfill all relevant requirements.1 We do
                                                                                                   Sutter Counties, and the EPA has
                                             SIP rules must be enforceable (see                                                                           not think anyone will object to this
                                                                                                   designated a portion of the FRAQMD
                                           CAA section 110(a)(2)), must not                                                                               approval, so we are finalizing it without
                                                                                                   (specifically, southern Sutter County) as
                                           interfere with applicable requirements                                                                         proposing it in advance. However, in
                                                                                                   a Severe nonattainment area for the 1-
                                           concerning attainment and reasonable                    hour ozone standard and the 1997 and                      1 BCAQMD Rule 434, FRAQMD Rule 3.19, and
                                           further progress or other CAA                           2008 8-hour ozone national ambient air                 SLOCAPCD Rule 222 are all new to the SIP and
                                           requirements (see CAA section 110(l)),                  quality standards (NAAQS or                            thus would not supersede any existing SIP rules.
                                           and must not modify certain SIP control                 standards). See 40 CFR 81.305.                         Upon the effective date of this final action,
                                           requirements in nonattainment areas                                                                            BCAQMD Rule 101 would supersede existing SIP
                                                                                                   Therefore, FRAQMD must implement                       BCAQMD Rules 101 (‘‘Title’’) and 102
                                           without ensuring equivalent or greater                  RACT for at least portions of the                      (‘‘Definitions’’), approved at 52 FR 3226 (February
                                           emissions reductions (see CAA section                   District. The EPA believes that                        3, 1987), in the applicable California SIP, except for
                                           193).                                                   FRAQMD Rule 3.19 does not implement                    the following definitions from existing SIP
                                             Guidance and policy documents that                                                                           BCAQMD Rule 102: ‘‘approved ignition devices,’’
                                                                                                   RACT-level requirements. However, on
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                                                                                                                                                          ‘‘open out-door fire,’’ ‘‘permissive burn day,’’
                                           we use to evaluate enforceability,                      September 29, 2014, CARB submitted to                  ‘‘range improvement burning,’’ ‘‘submerged fill
                                           revision/relaxation and rule stringency                 the EPA on behalf of FRAQMD,                           pipe,’’ and ‘‘vapor recovery system.’’ While these
                                           requirements for the applicable criteria                ‘‘Reasonably Available Control                         terms are no longer included in BCAQMD’s
                                           pollutants include the following:                                                                              definitions rule (i.e., Rule 101), they are relied upon
                                                                                                   Technology Analysis and Negative                       by certain existing SIP prohibitory rules, such as
                                             1. ‘‘State Implementation Plans; General              Declaration,’’ dated July 3, 2014, which               existing SIP BCAQMD Rules 213, 215, 302, 313,
                                           Preamble for the Implementation of Title I of           demonstrates that Rule 3.19 does not                   317, and 323.



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                                                              Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Rules and Regulations                                               33197

                                           the Proposed Rules section of this                      of the Paperwork Reduction Act (44                        Under section 307(b)(1) of the Clean
                                           Federal Register, we are simultaneously                 U.S.C. 3501 et seq.);                                  Air Act, petitions for judicial review of
                                           proposing approval of the same                             • is certified as not having a                      this action must be filed in the United
                                           submitted rules. If we receive adverse                  significant economic impact on a                       States Court of Appeals for the
                                           comments by July 13, 2015, we will                      substantial number of small entities                   appropriate circuit by August 10, 2015.
                                           publish a timely withdrawal in the                      under the Regulatory Flexibility Act (5                Filing a petition for reconsideration by
                                           Federal Register to notify the public                   U.S.C. 601 et seq.);                                   the Administrator of this final rule does
                                           that the direct final approval will not                    • does not contain any unfunded                     not affect the finality of this action for
                                           take effect and we will address the                     mandate or significantly or uniquely                   the purposes of judicial review nor does
                                           comments in a subsequent final action                   affect small governments, as described                 it extend the time within which a
                                           based on the proposal. If we do not                     in the Unfunded Mandates Reform Act                    petition for judicial review may be filed,
                                           receive timely adverse comments, the                    of 1995 (Pub. L. 104–4);                               and shall not postpone the effectiveness
                                           direct final approval will be effective                    • does not have Federalism                          of such rule or action Parties with
                                           without further notice on August 10,                    implications as specified in Executive                 objections to this direct final rule are
                                           2015. This will incorporate these rules                 Order 13132 (64 FR 43255, August 10,                   encouraged to file a comment in
                                           into the federally enforceable SIP.                     1999);                                                 response to the parallel notice of
                                                                                                      • is not an economically significant                proposed rulemaking for this action
                                             Please note that if the EPA receives
                                                                                                   regulatory action based on health or                   published in the Proposed Rules section
                                           adverse comment on an amendment,
                                                                                                   safety risks subject to Executive Order                of this Federal Register, rather than file
                                           paragraph, or section of this rule and if
                                                                                                   13045 (62 FR 19885, April 23, 1997);                   an immediate petition for judicial
                                           that provision may be severed from the                     • is not a significant regulatory action
                                           remainder of the rule, the EPA may                                                                             review of this direct final rule, so that
                                                                                                   subject to Executive Order 13211 (66 FR
                                           adopt as final those provisions of the                                                                         the EPA can withdraw this direct final
                                                                                                   28355, May 22, 2001);
                                           rule that are not the subject of an                        • is not subject to requirements of                 rule and address the comment in the
                                           adverse comment.                                        Section 12(d) of the National                          proposed rulemaking. This action may
                                                                                                   Technology Transfer and Advancement                    not be challenged later in proceedings to
                                           III. Incorporation by Reference                                                                                enforce its requirements (see section
                                                                                                   Act of 1995 (15 U.S.C. 272 note) because
                                              In this rule, the EPA is finalizing                  application of those requirements would                307(b)(2)).
                                           regulatory text that includes                           be inconsistent with the Clean Air Act;                List of Subjects in 40 CFR Part 52
                                           incorporation by reference. In                          and
                                           accordance with requirements of 1 CFR                                                                            Environmental protection, Air
                                                                                                      • does not provide the EPA with the
                                           51.5, the EPA is finalizing the                                                                                pollution control, Incorporation by
                                                                                                   discretionary authority to address, as
                                           incorporation by reference of the                                                                              reference, Intergovernmental relations,
                                                                                                   appropriate, disproportionate human
                                           BCAQMD, FRAQMD and SLOCAPCD                                                                                    Nitrogen dioxide, Ozone, Particulate
                                                                                                   health or environmental effects, using
                                           rules described in the amendments to 40                                                                        matter, Reporting and recordkeeping
                                                                                                   practicable and legally permissible
                                           CFR part 52 set forth below. The EPA                                                                           requirements, Volatile organic
                                                                                                   methods, under Executive Order 12898
                                           has made, and will continue to make,                                                                           compounds.
                                                                                                   (59 FR 7629, February 16, 1994).
                                           these documents generally available                        In addition, the SIP is not approved                  Dated: May 8, 2015.
                                           electronically through                                  to apply on any Indian reservation land                Alexis Strauss,
                                           www.regulations.gov and in hard copy                    or in any other area where the EPA or                  Acting Regional Administrator, Region IX.
                                           at the appropriate EPA office (see the                  an Indian tribe has demonstrated that a
                                           ADDRESSES section of this preamble for                  tribe has jurisdiction. In those areas of                Part 52, chapter I, title 40 of the Code
                                           more information).                                      Indian country, the rule does not have                 of Federal Regulations is amended as
                                                                                                   tribal implications and will not impose                follows:
                                           IV. Statutory and Executive Order
                                           Reviews                                                 substantial direct costs on tribal                     PART 52—APPROVAL AND
                                                                                                   governments or preempt tribal law as                   PROMULGATION OF
                                             Under the Clean Air Act, the                          specified by Executive Order 13175 (65
                                           Administrator is required to approve a                                                                         IMPLEMENTATION PLANS
                                                                                                   FR 67249, November 9, 2000).
                                           SIP submission that complies with the                      The Congressional Review Act, 5                     ■ 1. The authority citation for part 52
                                           provisions of the Act and applicable                    U.S.C. 801 et seq., as added by the Small              continues to read as follows:
                                           Federal regulations. 42 U.S.C. 7410(k);                 Business Regulatory Enforcement
                                           40 CFR 52.02(a). Thus, in reviewing SIP                                                                            Authority: 42 U.S.C. 7401 et seq.
                                                                                                   Fairness Act of 1996, generally provides
                                           submissions, the EPA’s role is to                       that before a rule may take effect, the                Subpart F—California
                                           approve state choices, provided that                    agency promulgating the rule must
                                           they meet the criteria of the Clean Air                 submit a rule report, which includes a                 ■ 2. Section 52.220, is amended by
                                           Act. Accordingly, this action merely                    copy of the rule, to each House of the                 adding paragraphs (c)(442) (i)(E)(4) and
                                           approves state law as meeting Federal                   Congress and to the Comptroller General                (G) and (c)(457)(i)(C) and (D) to read as
                                           requirements and does not impose                        of the United States. The EPA will                     follows:
                                           additional requirements beyond those                    submit a report containing this action
                                           imposed by state law. For that reason,                  and other required information to the                  § 52.220    Identification of plan.
                                           this action:                                            U.S. Senate, the U.S. House of                         *     *     *     *    *
                                             • Is not a significant regulatory action              Representatives, and the Comptroller                     (c) * * *
                                           subject to review by the Office of                      General of the United States prior to                    (442) * * *
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                                           Management and Budget under                             publication of the rule in the Federal                   (i) * * *
                                           Executive Orders 12866 (58 FR 51735,                    Register. A major rule cannot take effect                (E) * * *
                                           October 4, 1993) and 13563 (76 FR 3821,                 until 60 days after it is published in the               (4) Rule 3.19, ‘‘Vehicle and Mobile
                                           January 21, 2011);                                      Federal Register. This action is not a                 Equipment Coating Operations,’’
                                             • does not impose an information                      ‘‘major rule’’ as defined by 5 U.S.C.                  amended on August 1, 2011.
                                           collection burden under the provisions                  804(2).                                                *     *     *     *    *


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                                           33198              Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Rules and Regulations

                                             (G) Butte County Air Quality                          DEPARTMENT OF HEALTH AND                               § 153.210, remove paragraphs (a)(2)(i)
                                           Management District.                                    HUMAN SERVICES                                         through (iii).
                                             (1) Rule 434, ‘‘Emission Statements,’’                                                                       [FR Doc. 2015–14262 Filed 6–10–15; 8:45 am]
                                           adopted on April 25, 2013.                              45 CFR Part 153                                        BILLING CODE 1505–01–D
                                           *     *     *     *    *
                                             (457) * * *                                           Standards Related to Reinsurance,
                                             (i) * * *                                             Risk Corridors, and Risk Adjustment
                                             (C) * * *                                             Under the Affordable Care Act
                                             (1) Rule 101, ‘‘Definitions,’’ amended
                                           on April 24, 2014.                                      CFR Correction
                                             (D) San Luis Obispo County Air
                                           Pollution Control District.                             ■ In Title 45 of the Code of Federal
                                             (1) Rule 222, ‘‘Federal Emission                      Regulations, Parts 1 to 199, revised as of
                                           Statement,’’ adopted on May 28, 2014.                   October 1, 2014, on page 781, in
                                           *     *     *     *    *
                                           [FR Doc. 2015–14079 Filed 6–10–15; 8:45 am]
                                           BILLING CODE 6560–50–P
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Document Created: 2015-12-15 15:07:13
Document Modified: 2015-12-15 15:07:13
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 August 10, 2015 without further notice, unless the EPA receives adverse comments by July 13, 2015. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect.
ContactArnold Lazarus, EPA Region IX, (415) 972-3024 [email protected]
FR Citation80 FR 33195 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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