80_FR_41049 80 FR 40915 - Revisions to the California State Implementation Plan, South Coast Air Quality Management District

80 FR 40915 - Revisions to the California State Implementation Plan, South Coast Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 134 (July 14, 2015)

Page Range40915-40917
FR Document2015-17061

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). This revision concerns volatile organic compound (VOC) emissions from graphic arts facilities. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act).

Federal Register, Volume 80 Issue 134 (Tuesday, July 14, 2015)
[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Rules and Regulations]
[Pages 40915-40917]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17061]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0345; FRL-9929-58-Region 9]


Revisions to the California State Implementation Plan, South 
Coast 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 a revision to the South Coast Air Quality 
Management District (SCAQMD) portion of the California State 
Implementation Plan (SIP). This revision concerns volatile organic 
compound (VOC) emissions from graphic arts facilities. We are approving 
a local rule that regulates these emission sources under the Clean Air 
Act (CAA or the Act).

DATES: This rule is effective on September 14, 2015 without further 
notice, unless EPA receives adverse comments by August 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-
2015-0345, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email: [email protected].
    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at www.regulations.gov, 
including any personal information provided, unless the comment 
includes Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Information that you 
consider CBI or otherwise protected should be clearly identified as 
such and should not be submitted through www.regulations.gov or email. 
www.regulations.gov is an ``anonymous access'' system, and EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send email directly to EPA, your email 
address will be automatically captured and included as part of the 
public comment. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses.
    Docket: Generally, documents in the docket for this action are 
available electronically at www.regulations.gov and in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901. 
While all documents in the docket are listed at www.regulations.gov, 
some information may be publicly available only at the hard copy 
location (e.g., copyrighted material, large maps), and some may not be 
publicly available in either location (e.g., CBI). To inspect the hard 
copy materials, please schedule an appointment during normal business

[[Page 40916]]

hours with the contact listed in the FOR FURTHER INFORMATION CONTACT 
section.

FOR FURTHER INFORMATION CONTACT: Vanessa Graham, EPA Region IX, (415) 
947-4120 [email protected].

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

Table of Contents

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

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule addressed by this action with the date that 
it was adopted by SCAQMD and submitted by the California Air Resource 
Board (CARB).

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
            Local agency                  Rule No.            Rule title            Amended         Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD..............................            1130   Graphic Arts...........        05/02/14         11/06/14
----------------------------------------------------------------------------------------------------------------

    On December 18, 2014, EPA determined that the submittal for SCAQMD 
Rule 1130 met the completeness criteria in 40 CFR part 51 Appendix V, 
which must be met before formal EPA review.
    We approved an earlier version of Rules 1130 into the SIP on 
September 13, 2000 (65 FR 55201).

B. What is the purpose of the submitted rule?

    VOCs help produce ground-level ozone and smog and fine particulate 
matter (PM2.5), which harm human health and the environment. 
Section 110(a) of the CAA requires States to submit regulations that 
control VOC emissions. Rule 1130 limits VOC emissions from graphic arts 
processes, largely by establishing work practice requirements and 
limiting the amount of VOC in graphic arts coatings, inks and solvents. 
The amendments to Rule 1130 were submitted to satisfy Reasonably 
Available Control Technology (RACT) Requirements under CAA sections 
172(c)(1) and 182(b).
    EPA's technical support document (TSD) has more information about 
this rule.

II. EPA's Evaluation and Action.

A. How is EPA evaluating the rule?

    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).
    SCAQMD regulates an ozone nonattainment area classified as extreme 
under both the 1997 and 2008 ozone NAAQS and a PM2.5 
nonattainment area classified as moderate under the 1997 and 2006 
PM2.5 NAAQS. 40 CFR 81.305. CAA section 172(c)(1) requires 
nonattainment areas to implement all reasonably available control 
measures (RACM), including such reductions in emissions from existing 
sources in the area as may be obtained through the adoption, at a 
minimum, of RACT, as expeditiously as practicable. CAA section 
189(a)(1)(C) also requires implementation of RACM in moderate 
PM2.5 nonattainment areas. Additional control measures for 
graphic arts processes may be required pursuant to CAA section 
172(c)(1) if both: (1) Additional measures are reasonably available; 
and (2) these additional reasonably available measures will advance 
attainment of one or more ozone standards in the area or contribute to 
reasonable further progress (RFP) when considered collectively (see 80 
FR 12264, 12282). In addition, SIP rules must require RACT for each 
category of sources covered by a CTG document as well as each VOC major 
source in ozone nonattainment areas classified as moderate or above 
(see CAA section 182(b)(2)). Since Rule 1130 regulates sources subject 
to a CTG in an extreme nonattainment area, it must implement RACT.
    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).
3. ``Control Techniques Guidelines (CTG) for Offset Lithographic 
Printing and Letterpress Printing'', September 2006 (EPA 453/R-06-
002).
4. ``Control Techniques Guidelines (CTG) for Flexible Package 
Printing'', September 2006 (EPA 453/R-06-003).

B. Does the rule meet the evaluation criteria?

    We believe this rule is consistent with the relevant policy and 
guidance regarding enforceability, RACT, and SIP relaxations. We will 
act separately on the State's RACM demonstrations for the 2006 
PM2.5 NAAQS and 2008 ozone NAAQS the based on an evaluation 
of the control measures submitted as a whole and their overall 
potential to advance the applicable attainment dates for ozone. The TSD 
has more information on our evaluation.

C. EPA Recommendations To Further Improve the Rule

    The TSD describes additional rule revisions that we recommend for 
the next time the local agency modifies the rule, but are not currently 
the basis for rule disapproval.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted rule because we believe it fulfills 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 rule. If we 
receive adverse comments by August 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 September 14,

[[Page 40917]]

2015. This will incorporate the rule into the federally enforceable 
SIP.

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 
SCAQMD rule described in the amendments to 40 CFR part 52 set forth 
below. The EPA has made, and will continue to make, these documents 
available electronically through www.regulations.gov and in hard copy 
at the appropriate EPA office (see the ADDRESSES section of this 
preamble for more information).]

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive 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 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 EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 14, 2015. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the Proposed 
Rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. This action may not be challenged later in 
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

    Dated: June 9, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(457)(i)(E) to read 
as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (457) * * *
    (i) * * *
    (E) South Coast Air Quality Management District.
    (1) Rule 1130, ``Graphic Arts,'' amended on May 2, 2014.
* * * * *
[FR Doc. 2015-17061 Filed 7-13-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                           Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Rules and Regulations                                                                 40915

                                                     Under section 307(b)(1) of the CAA,                              List of Subjects in 40 CFR Part 52                                Authority: 42 U.S.C. 7401 et seq.
                                                  petitions for judicial review of this                                 Environmental protection, Air
                                                  action must be filed in the United States                                                                                         Subpart GG—New Mexico
                                                                                                                      pollution control, Incorporation by
                                                  Court of Appeals for the appropriate                                reference, Particulate matter, Reporting
                                                  circuit by September 14, 2015. Filing a                             and recordkeeping requirements.                               ■  2. Section 52.1620 in paragraph (c),
                                                  petition for reconsideration by the                                                                                               first table, is amended by revising the
                                                                                                                        Dated: June 30, 2015.
                                                  Administrator of this final rule does not                                                                                         entry ‘‘Part 74, Permits—Prevention of
                                                                                                                      Ron Curry,                                                    Significant Deterioration’’ under ‘‘New
                                                  affect the finality of this rule for the                            Regional Administrator, Region 6.
                                                  purposes of judicial review nor does it                                                                                           Mexico Administrative Code (NMAC)
                                                  extend the time within which a petition                                  40 CFR part 52 is amended as follows:                    Title 20—Environment Protection
                                                  for judicial review may be filed, and                                                                                             Chapter 2—Air Quality’’ to read as
                                                                                                                      PART 52—APPROVAL AND                                          follows:
                                                  shall not postpone the effectiveness of                             PROMULGATION OF
                                                  such rule or action. This action may not                            IMPLEMENTATION PLANS                                          § 52.1620    Identification of plan.
                                                  be challenged later in proceedings to
                                                  enforce its requirements. (See section                              ■ 1. The authority citation for Part 52                       *       *    *        *   *
                                                  307(b)(2).)                                                         continues to read as follows:                                     (c) * * *

                                                                                                                    EPA APPROVED NEW MEXICO REGULATIONS
                                                                                                                                    State
                                                          State citation                            Title/subject                 approval/               EPA Approval date                              Comments
                                                                                                                                effective date

                                                                             New Mexico Administrative Code (NMAC) Title 20—Environment Protection Chapter 2—Air Quality


                                                            *                                  *                     *                             *                     *                         *                    *
                                                  Part 74 ...........................       Permits—Prevention of                 7/11/2014       7/14/2015 [Insert Fed-           Revisions to 20.2.74.7(AZ)(2)(a) NMAC sub-
                                                                                              Significant Deteriora-                                 eral Register cita-             mitted 1/8/2013, effective 2/6/2913, are NOT
                                                                                              tion.                                                  tion].                          part of SIP.
                                                                                                                                                                                   20.2.74.7(AZ)(2)(a) NMAC submitted 5/23/
                                                                                                                                                                                     2011, effective 6/3/2011, remains SIP ap-
                                                                                                                                                                                     proved.

                                                               *                               *                           *                          *                        *                     *                      *



                                                  *       *        *        *           *                             DATES:  This rule is effective on                             www.regulations.gov or email.
                                                  [FR Doc. 2015–17058 Filed 7–13–15; 8:45 am]                         September 14, 2015 without further                            www.regulations.gov is an ‘‘anonymous
                                                  BILLING CODE 6560–50–P                                              notice, unless EPA receives adverse                           access’’ system, and EPA will not know
                                                                                                                      comments by August 13, 2015. If we                            your identity or contact information
                                                                                                                      receive such comments, we will publish                        unless you provide it in the body of
                                                  ENVIRONMENTAL PROTECTION                                            a timely withdrawal in the Federal                            your comment. If you send email
                                                  AGENCY                                                              Register to notify the public that this                       directly to EPA, your email address will
                                                                                                                      direct final rule will not take effect.                       be automatically captured and included
                                                  40 CFR Part 52                                                                                                                    as part of the public comment. If EPA
                                                                                                                      ADDRESSES: Submit comments,
                                                                                                                      identified by docket number [EPA–R09–                         cannot read your comment due to
                                                  [EPA–R09–OAR–2015–0345; FRL–9929–58–                                OAR–2015–0345, by one of the                                  technical difficulties and cannot contact
                                                  Region 9]                                                                                                                         you for clarification, EPA may not be
                                                                                                                      following methods:
                                                                                                                         1. Federal eRulemaking Portal:                             able to consider your comment.
                                                  Revisions to the California State
                                                  Implementation Plan, South Coast Air                                www.regulations.gov. Follow the on-line                       Electronic files should avoid the use of
                                                  Quality Management District                                         instructions.                                                 special characters, any form of
                                                                                                                         2. Email: steckel.andrew@epa.gov.                          encryption, and be free of any defects or
                                                  AGENCY: Environmental Protection                                       3. Mail or deliver: Andrew Steckel                         viruses.
                                                  Agency (EPA).                                                       (Air–4), U.S. Environmental Protection                           Docket: Generally, documents in the
                                                  ACTION: Direct final rule.                                          Agency Region IX, 75 Hawthorne Street,                        docket for this action are available
                                                                                                                      San Francisco, CA 94105–3901.                                 electronically at www.regulations.gov
                                                  SUMMARY:   The Environmental Protection                                Instructions: All comments will be                         and in hard copy at EPA Region IX, 75
                                                  Agency (EPA) is taking direct final                                 included in the public docket without                         Hawthorne Street, San Francisco,
                                                  action to approve a revision to the South                           change and may be made available                              California 94105–3901. While all
                                                  Coast Air Quality Management District                               online at www.regulations.gov,                                documents in the docket are listed at
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  (SCAQMD) portion of the California                                  including any personal information                            www.regulations.gov, some information
                                                  State Implementation Plan (SIP). This                               provided, unless the comment includes                         may be publicly available only at the
                                                  revision concerns volatile organic                                  Confidential Business Information (CBI)                       hard copy location (e.g., copyrighted
                                                  compound (VOC) emissions from                                       or other information whose disclosure is                      material, large maps), and some may not
                                                  graphic arts facilities. We are approving                           restricted by statute. Information that                       be publicly available in either location
                                                  a local rule that regulates these emission                          you consider CBI or otherwise protected                       (e.g., CBI). To inspect the hard copy
                                                  sources under the Clean Air Act (CAA                                should be clearly identified as such and                      materials, please schedule an
                                                  or the Act).                                                        should not be submitted through                               appointment during normal business


                                             VerDate Sep<11>2014       22:02 Jul 13, 2015          Jkt 235001   PO 00000       Frm 00021   Fmt 4700       Sfmt 4700   E:\FR\FM\14JYR1.SGM   14JYR1


                                                  40916                    Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Rules and Regulations

                                                  hours with the contact listed in the FOR                             A. What rule did the State submit?                           IV. Statutory and Executive Order Reviews
                                                  FURTHER INFORMATION CONTACT section.                                 B. Are there other versions of this rule?
                                                                                                                       C. What is the purpose of the submitted                      I. The State’s Submittal
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                                          rule?                                                     A. What rule did the State submit?
                                                  Vanessa Graham, EPA Region IX, (415)
                                                                                                                    II. EPA’s Evaluation and Action
                                                  947–4120 graham.vanessa@epa.gov.                                     A. How is EPA evaluating the rule?                             Table 1 lists the rule addressed by this
                                                  SUPPLEMENTARY INFORMATION:                                           B. Does the rule meet the evaluation
                                                  Throughout this document, ‘‘we,’’ ‘‘us,’’                                                                                         action with the date that it was adopted
                                                                                                                          criteria?
                                                  and ‘‘our’’ refer to EPA.                                                                                                         by SCAQMD and submitted by the
                                                                                                                       C. EPA Recommendations To Further
                                                                                                                          Improve the Rule                                          California Air Resource Board (CARB).
                                                  Table of Contents
                                                                                                                       D. Public Comment and Final Action
                                                  I. The State’s Submittal                                          III. Incorporation by Reference

                                                                                                                            TABLE 1—SUBMITTED RULE
                                                                        Local agency                                    Rule No.                               Rule title                                Amended    Submitted

                                                  SCAQMD ........................................................        1130         Graphic Arts ...................................................   05/02/14    11/06/14



                                                    On December 18, 2014, EPA                                       classified as moderate under the 1997                           4. ‘‘Control Techniques Guidelines (CTG) for
                                                  determined that the submittal for                                 and 2006 PM2.5 NAAQS. 40 CFR 81.305.                                  Flexible Package Printing’’, September
                                                  SCAQMD Rule 1130 met the                                          CAA section 172(c)(1) requires                                        2006 (EPA 453/R–06–003).
                                                  completeness criteria in 40 CFR part 51                           nonattainment areas to implement all                            B. Does the rule meet the evaluation
                                                  Appendix V, which must be met before                              reasonably available control measures                           criteria?
                                                  formal EPA review.                                                (RACM), including such reductions in
                                                    We approved an earlier version of                               emissions from existing sources in the                            We believe this rule is consistent with
                                                  Rules 1130 into the SIP on September                              area as may be obtained through the                             the relevant policy and guidance
                                                  13, 2000 (65 FR 55201).                                           adoption, at a minimum, of RACT, as                             regarding enforceability, RACT, and SIP
                                                                                                                    expeditiously as practicable. CAA                               relaxations. We will act separately on
                                                  B. What is the purpose of the submitted                                                                                           the State’s RACM demonstrations for
                                                                                                                    section 189(a)(1)(C) also requires
                                                  rule?                                                                                                                             the 2006 PM2.5 NAAQS and 2008 ozone
                                                                                                                    implementation of RACM in moderate
                                                    VOCs help produce ground-level                                  PM2.5 nonattainment areas. Additional                           NAAQS the based on an evaluation of
                                                  ozone and smog and fine particulate                               control measures for graphic arts                               the control measures submitted as a
                                                  matter (PM2.5), which harm human                                  processes may be required pursuant to                           whole and their overall potential to
                                                  health and the environment. Section                               CAA section 172(c)(1) if both: (1)                              advance the applicable attainment dates
                                                  110(a) of the CAA requires States to                              Additional measures are reasonably                              for ozone. The TSD has more
                                                  submit regulations that control VOC                               available; and (2) these additional                             information on our evaluation.
                                                  emissions. Rule 1130 limits VOC                                   reasonably available measures will                              C. EPA Recommendations To Further
                                                  emissions from graphic arts processes,                            advance attainment of one or more                               Improve the Rule
                                                  largely by establishing work practice                             ozone standards in the area or
                                                  requirements and limiting the amount of                           contribute to reasonable further progress                         The TSD describes additional rule
                                                  VOC in graphic arts coatings, inks and                            (RFP) when considered collectively (see                         revisions that we recommend for the
                                                  solvents. The amendments to Rule 1130                             80 FR 12264, 12282). In addition, SIP                           next time the local agency modifies the
                                                  were submitted to satisfy Reasonably                              rules must require RACT for each                                rule, but are not currently the basis for
                                                  Available Control Technology (RACT)                               category of sources covered by a CTG                            rule disapproval.
                                                  Requirements under CAA sections                                   document as well as each VOC major
                                                  172(c)(1) and 182(b).                                             source in ozone nonattainment areas                             D. Public Comment and Final Action
                                                    EPA’s technical support document                                classified as moderate or above (see                              As authorized in section 110(k)(3) of
                                                  (TSD) has more information about this                             CAA section 182(b)(2)). Since Rule 1130                         the Act, EPA is fully approving the
                                                  rule.                                                             regulates sources subject to a CTG in an                        submitted rule because we believe it
                                                                                                                    extreme nonattainment area, it must                             fulfills all relevant requirements. We do
                                                  II. EPA’s Evaluation and Action.
                                                                                                                    implement RACT.                                                 not think anyone will object to this
                                                  A. How is EPA evaluating the rule?                                  Guidance and policy documents that                            approval, so we are finalizing it without
                                                    SIP rules must be enforceable (see                              we use to evaluate enforceability,                              proposing it in advance. However, in
                                                  CAA section 110(a)(2)), must not                                  revision/relaxation and rule stringency                         the Proposed Rules section of this
                                                  interfere with applicable requirements                            requirements for the applicable criteria                        Federal Register, we are simultaneously
                                                  concerning attainment and reasonable                              pollutants include the following:                               proposing approval of the same
                                                  further progress or other CAA                                     1. ‘‘Issues Relating to VOC Regulation                          submitted rule. If we receive adverse
                                                  requirements (see CAA section 110(l)),                                  Cutpoints, Deficiencies, and Deviations’’                 comments by August 13, 2015, we will
                                                  and must not modify certain SIP control                                 (‘‘the Bluebook,’’ U.S. EPA, May 25,                      publish a timely withdrawal in the
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  requirements in nonattainment areas                                     1988; revised January 11, 1990).                          Federal Register to notify the public
                                                  without ensuring equivalent or greater                            2. ‘‘Guidance Document for Correcting                           that the direct final approval will not
                                                  emissions reductions (see CAA section                                   Common VOC & Other Rule                                   take effect and we will address the
                                                                                                                          Deficiencies’’ (‘‘the Little Bluebook’’,
                                                  193).                                                                   EPA Region 9, August 21, 2001).
                                                                                                                                                                                    comments in a subsequent final action
                                                    SCAQMD regulates an ozone                                       3. ‘‘Control Techniques Guidelines (CTG) for                    based on the proposal. If we do not
                                                  nonattainment area classified as extreme                                Offset Lithographic Printing and                          receive timely adverse comments, the
                                                  under both the 1997 and 2008 ozone                                      Letterpress Printing’’, September 2006                    direct final approval will be effective
                                                  NAAQS and a PM2.5 nonattainment area                                    (EPA 453/R–06–002).                                       without further notice on September 14,


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                                                                      Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Rules and Regulations                                               40917

                                                  2015. This will incorporate the rule into                   • is not subject to requirements of                This action may not be challenged later
                                                  the federally enforceable SIP.                           Section 12(d) of the National                         in proceedings to enforce its
                                                                                                           Technology Transfer and Advancement                   requirements (see section 307(b)(2)).
                                                  III. Incorporation by Reference
                                                                                                           Act of 1995 (15 U.S.C. 272 note) because
                                                                                                                                                                 List of Subjects in 40 CFR Part 52
                                                     In this rule, the EPA is finalizing                   application of those requirements would
                                                  regulatory text that includes                            be inconsistent with the Clean Air Act;                 Environmental protection, Air
                                                  incorporation by reference. In                           and                                                   pollution control, Incorporation by
                                                  accordance with requirements of 1 CFR                       • does not provide EPA with the                    reference, Intergovernmental relations,
                                                  51.5, the EPA is finalizing the                          discretionary authority to address, as                Reporting and recordkeeping
                                                  incorporation by reference of the                        appropriate, disproportionate human                   requirements, Volatile organic
                                                  SCAQMD rule described in the                             health or environmental effects, using                compounds.
                                                  amendments to 40 CFR part 52 set forth                   practicable and legally permissible                     Dated: June 9, 2015.
                                                  below. The EPA has made, and will                        methods, under Executive Order 12898
                                                                                                                                                                 Jared Blumenfeld,
                                                  continue to make, these documents                        (59 FR 7629, February 16, 1994).
                                                                                                              In addition, the SIP is not approved               Regional Administrator, Region IX.
                                                  available electronically through
                                                  www.regulations.gov and in hard copy                     to apply on any Indian reservation land                 Part 52, Chapter I, Title 40 of the Code
                                                  at the appropriate EPA office (see the                   or in any other area where EPA or an                  of Federal Regulations is amended as
                                                  ADDRESSES section of this preamble for                   Indian tribe has demonstrated that a                  follows:
                                                  more information).]                                      tribe has jurisdiction. In those areas of
                                                                                                           Indian country, the rule does not have                PART 52—APPROVAL AND
                                                  IV. Statutory and Executive Order                        tribal implications and will not impose               PROMULGATION OF
                                                  Reviews                                                  substantial direct costs on tribal                    IMPLEMENTATION PLANS
                                                     Under the Clean Air Act, the                          governments or preempt tribal law as
                                                                                                           specified by Executive Order 13175 (65                ■ 1. The authority citation for Part 52
                                                  Administrator is required to approve a                                                                         continues to read as follows:
                                                  SIP submission that complies with the                    FR 67249, November 9, 2000).
                                                  provisions of the Act and applicable                        The Congressional Review Act, 5                        Authority: 42 U.S.C. 7401 et seq.
                                                  Federal regulations. 42 U.S.C. 7410(k);                  U.S.C. 801 et seq., as added by the Small
                                                                                                           Business Regulatory Enforcement                       Subpart F—California
                                                  40 CFR 52.02(a). Thus, in reviewing SIP
                                                  submissions, EPA’s role is to approve                    Fairness Act of 1996, generally provides
                                                                                                                                                                 ■ 2. Section 52.220 is amended by
                                                  state choices, provided that they meet                   that before a rule may take effect, the
                                                                                                                                                                 adding paragraph (c)(457)(i)(E) to read
                                                  the criteria of the Clean Air Act.                       agency promulgating the rule must
                                                                                                                                                                 as follows:
                                                  Accordingly, this action merely                          submit a rule report, which includes a
                                                  approves state law as meeting Federal                    copy of the rule, to each House of the                § 52.220    Identification of plan.
                                                  requirements and does not impose                         Congress and to the Comptroller General               *     *     *    *     *
                                                                                                           of the United States. EPA will submit a                 (c) * * *
                                                  additional requirements beyond those
                                                                                                           report containing this action and other                 (457) * * *
                                                  imposed by state law. For that reason,
                                                                                                           required information to the U.S. Senate,                (i) * * *
                                                  this action:
                                                                                                           the U.S. House of Representatives, and
                                                     • Is not a significant regulatory action                                                                      (E) South Coast Air Quality
                                                                                                           the Comptroller General of the United                 Management District.
                                                  subject to review by the Office of                       States prior to publication of the rule in
                                                  Management and Budget under                                                                                      (1) Rule 1130, ‘‘Graphic Arts,’’
                                                                                                           the Federal Register. A major rule                    amended on May 2, 2014.
                                                  Executive Orders 12866 (58 FR 51735,                     cannot take effect until 60 days after it
                                                  October 4, 1993) and 13563 (76 FR 3821,                  is published in the Federal Register.                 *     *     *    *     *
                                                  January 21, 2011);                                       This action is not a ‘‘major rule’’ as
                                                                                                                                                                 [FR Doc. 2015–17061 Filed 7–13–15; 8:45 am]
                                                     • does not impose an information                      defined by 5 U.S.C. 804(2).                           BILLING CODE 6560–50–P
                                                  collection burden under the provisions                      Under section 307(b)(1) of the Clean
                                                  of the Paperwork Reduction Act (44                       Air Act, petitions for judicial review of
                                                  U.S.C. 3501 et seq.);                                                                                          ENVIRONMENTAL PROTECTION
                                                                                                           this action must be filed in the United
                                                     • is certified as not having a                                                                              AGENCY
                                                                                                           States Court of Appeals for the
                                                  significant economic impact on a                         appropriate circuit by September 14,                  40 CFR Part 52
                                                  substantial number of small entities                     2015. Filing a petition for
                                                  under the Regulatory Flexibility Act (5                  reconsideration by the Administrator of               [EPA–R03–OAR–2015–0241; FRL–9930–35–
                                                  U.S.C. 601 et seq.);                                     this final rule does not affect the finality          Region 3]
                                                     • does not contain any unfunded                       of this action for the purposes of judicial
                                                  mandate or significantly or uniquely                                                                           Approval and Promulgation of Air
                                                                                                           review nor does it extend the time
                                                  affect small governments, as described                                                                         Quality Implementation Plans;
                                                                                                           within which a petition for judicial
                                                  in the Unfunded Mandates Reform Act                                                                            Maryland; Low Emissions Vehicle
                                                                                                           review may be filed, and shall not
                                                  of 1995 (Pub. L. 104–4);                                                                                       Program Revisions
                                                                                                           postpone the effectiveness of such rule
                                                     • does not have Federalism                            or action. Parties with objections to this            AGENCY: Environmental Protection
                                                  implications as specified in Executive                   direct final rule are encouraged to file a            Agency (EPA).
                                                  Order 13132 (64 FR 43255, August 10,                     comment in response to the parallel                   ACTION: Direct final rule.
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  1999);                                                   notice of proposed rulemaking for this
                                                     • is not an economically significant                  action published in the Proposed Rules                SUMMARY:   The Environmental Protection
                                                  regulatory action based on health or                     section of today’s Federal Register,                  Agency (EPA) is taking direct final
                                                  safety risks subject to Executive Order                  rather than file an immediate petition                action to approve two revisions to the
                                                  13045 (62 FR 19885, April 23, 1997);                     for judicial review of this direct final              Maryland State Implementation Plan
                                                     • is not a significant regulatory action              rule, so that EPA can withdraw this                   (SIP). The Clean Air Act (CAA) provides
                                                  subject to Executive Order 13211 (66 FR                  direct final rule and address the                     authority allowing California to adopt
                                                  28355, May 22, 2001);                                    comment in the proposed rulemaking.                   its own motor vehicle emissions


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Document Created: 2018-02-23 09:19:20
Document Modified: 2018-02-23 09:19:20
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 September 14, 2015 without further notice, unless EPA receives adverse comments by August 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.
ContactVanessa Graham, EPA Region IX, (415) 947-4120 [email protected]
FR Citation80 FR 40915 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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