80_FR_76454 80 FR 76219 - Approval of California Air Plan Revisions, South Coast Air Quality Management District and Yolo-Solano Air Quality Management District

80 FR 76219 - Approval of California Air Plan Revisions, South Coast Air Quality Management District and Yolo-Solano Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 235 (December 8, 2015)

Page Range76219-76222
FR Document2015-30828

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the South Coast Air Quality Management District (SCAQMD) and Yolo-Solano Air Quality Management District (YSAQMD) portions of the California State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOCs) from motor vehicle and mobile equipment refinishing coating operations. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).

Federal Register, Volume 80 Issue 235 (Tuesday, December 8, 2015)
[Federal Register Volume 80, Number 235 (Tuesday, December 8, 2015)]
[Rules and Regulations]
[Pages 76219-76222]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30828]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0690; FRL-9937-29-Region 9]


Approval of California Air Plan Revisions, South Coast Air 
Quality Management District and Yolo-Solano Air Quality Management 
District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the South Coast Air Quality 
Management District (SCAQMD) and Yolo-Solano Air Quality Management 
District (YSAQMD) portions of the California State Implementation Plan 
(SIP). These revisions concern emissions of volatile organic compounds 
(VOCs) from motor vehicle and mobile equipment refinishing coating 
operations. 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 February 8, 2016 without further 
notice, unless the EPA receives adverse comments by January 7, 2016. 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-
2015-0690, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the 
online 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: Once submitted, comments cannot be edited or 
withdrawn. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. If you need to include CBI as part 
of your comment, please visit http://www.epa.gov/dockets/comments.html 
for further instructions. Multimedia submissions (audio, video, etc.) 
must be accompanied by a written comment. The written comment is 
considered the official comment and should include discussion of all 
points you wish to make. For the full EPA public comment policy and 
general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: Generally, documents in the docket for this action are 
available electronically at www.regulations.gov or in hard copy at EPA 
Region IX, 75

[[Page 76220]]

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, [email protected].

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

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rule revisions?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA recommendations to further improve the rules
    D. Public comment and final action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules addressed by this 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              revised     Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD..................................         1151  Motor Vehicle and Mobile            09/05/14     04/07/15
                                                        Equipment Non-Assembly Line
                                                        Coating Operations.
YSAQMD..................................         2.26  Motor Vehicle and Mobile            10/10/08     06/26/15
                                                        Equipment Coating Operations.
----------------------------------------------------------------------------------------------------------------

    On April 30, 2015 and August 13, 2015, the EPA determined that the 
submittals for SCAQMD Rule 1151 and YSAQMD Rule 2.26 respectively met 
the completeness criteria in 40 CFR part 51 Appendix V, which must be 
met before formal EPA review.

B. Are there other versions of these rules?

    There are previous versions of Rules 1151 and 2.26 in the SIP. The 
SCAQMD and the YSAQMD adopted earlier versions of these rules on June 
13, 1997 and April 27, 1994 respectively, and CARB submitted them to us 
on March 10, 1998 and February 24, 1995 respectively. We approved these 
versions of Rules 1151 and 2.26 into the SIP on August 13, 1999 (64 FR 
44134) and April 30, 1996 (61 FR 18962) respectively. The SCAQMD 
amended Rule 1151 on December 2, 2005, and CARB submitted the amended 
rule to us on April 6, 2009. We approved this version of Rule 1151 on 
September 24, 2013 (78 FR 58459).

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

    VOCs help produce ground-level ozone, smog and particulate matter 
(PM), which harm human health and the environment. Section 110(a) of 
the CAA requires States to submit regulations that control VOC 
emissions. Rules 1151 and 2.26 establish limits on the emission of VOC 
and workplace standards for motor vehicle and mobile equipment coating 
operations. They also regulate related recordkeeping, reporting, and 
monitoring requirements. The EPA's technical support documents (TSDs) 
have more information about these rules.

II. The 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).
    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 major source of 
VOCs in ozone nonattainment areas classified as moderate or above (see 
CAA section 182(b)(2)). SCAQMD and YSAQMD regulate ozone nonattainment 
areas classified as extreme and severe respectively for the 2008 8-Hour 
Ozone National Ambient Air Quality Standards (NAAQS) (40 CFR 81.305). 
There are no EPA CTG documents relevant to the sources addressed by 
these rules. However, CARB's ``Suggested Control Measures for 
Automotive Coating'' is useful in defining RACT for these activities.
    Guidance and policy documents that we used 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. The Code of Federal Regulations (CFR) Title 40 Subpart B 
National Volatile Organic Compound Emission Standards for Automobile 
Refinish Coatings Sec.  59.102 Standards table 1 (40 CFR 59.102, 
table 1).
    5. SCAQMD Rule 1151, ``Motor Vehicle and Mobile Equipment Non-
Assembly Line Coating Operations,'' approved into the SIP on 
September 24, 2013 (78 FR 58459).
    6. SCAQMD Rule 1151, ``Motor Vehicle and Mobile Equipment Non-
Assembly Line Coating Operations,'' amended September 5, 2014.
    7. YSAQMD Rule 2.26, ``Motor Vehicle and Mobile Equipment 
Coating Operations,'' approved into the SIP on April 30, 1996 (61 FR 
18962).
    8. YSAQMD Rule 2.26, ``Motor Vehicle and Mobile Equipment 
Coating Operations,'' amended October 10, 2008.

B. Do the rules meet the evaluation criteria?

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

C. EPA Recommendations To Further Improve The Rule(s)

    The TSDs describe additional rule revisions that we recommend for 
the next time the local agency modifies the

[[Page 76221]]

rules but are not currently the basis for rule disapproval.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, the EPA is fully 
approving the submitted rules because we believe they fulfill all 
relevant requirements. We do not think anyone will object to this 
approval, so we are finalizing it without proposing it in advance. 
However, in the Proposed Rules section of this Federal Register, we are 
simultaneously proposing approval of the same submitted rules. If we 
receive adverse comments by January 7, 2016, 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 February 8, 2016. This will incorporate these 
rules into the federally enforceable SIP.
    Please note that if the EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, the EPA may adopt as final 
those provisions of the rule that are not the subject of an adverse 
comment.

III. Incorporation by Reference

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

IV. Statutory and Executive Order Reviews

    Under the CAA, 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 CAA. 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 February 8, 2016. 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 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, Inter-governmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: November 5, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.
    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(461)(i)(C) and 
(c)(463)(i)(B) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (461) * * *
    (i) * * *

[[Page 76222]]

    (C) South Coast Air Quality Management District.
    (1) Rule 1151, ``Motor Vehicle and Mobile Equipment Non-Assembly 
Line Coating Operations,'' amended on September 5, 2014.
* * * * *
    (463) * * *
    (i) * * *
    (B) Yolo-Solano Air Quality Management District.
    (1) Rule 2.26, ``Motor Vehicle and Mobile Equipment Coating 
Operations,'' revised on December 10, 2008.
* * * * *
[FR Doc. 2015-30828 Filed 12-7-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                             Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Rules and Regulations                                                76219



                                                                                                                      State            EPA
                                                  Rule No.                           Rule title                      effective       effective          Final rule citation/date         Comments
                                                                                                                       date            date

                                           Section 6.13 ...........    Visibility Monitoring: Theodore                   1/9/96           6/20/97    62 FR 19224, 4/21/97
                                                                         Roosevelt National Park.

                                                                                                   Chapter 7. Review of New Sources and Modifications.

                                           Sections 7.1 thru           Review of New Sources and                        1/24/72           5/31/72    37 FR 10842, 5/31/72
                                             7.6.                        Modifications.

                                                                                                                  Chapter 7.7. Air Quality Modeling.

                                           Section 7.7 .............   Air Quality Modeling ..............               4/1/09          10/17/09    77 FR 57029, 9/17/09

                                                                                                                  Chapter 7.8. Interstate Transport.

                                           Section 7.8 .............   Interstate Transport of Air                       4/1/09            7/6/10    75 FR 31290, 6/3/10
                                                                          Pollution.
                                           Section 7.8.1 ..........    Interstate Transport Relating                     4/1/09          12/22/10    75 FR 71023, 11/22/10
                                                                          to the 1997 8-hour Ozone
                                                                          and PM2.5 National Ambient
                                                                          Air Quality Standards.

                                                                                                                   Chapter 8. Source Surveillance.

                                           Chapter 8 ...............   Source Surveillance ...............              1/24/72           5/31/72    37 FR 10842, 5/31/72

                                                                                                                        Chapter 9. Resources.

                                           Chapter 9 ...............   Resources ..............................          4/1/09          10/17/12    77 FR 57029, 9/17/12

                                                                                                          Chapter 10. Intergovernmental Cooperation.

                                           Chapter 10. ............    Intergovernmental Coopera-                       1/24/72           5/31/72    37 FR 10842, 5/31/72
                                                                          tion.

                                                                                                   Chapter 12. The Small Business Assistance Program.

                                           Chapter 12 .............    The Small Business Assist-                      10/23/92           2/10/94    59 FR 1485, 1/11/94
                                                                         ance Program.



                                           [FR Doc. 2015–30823 Filed 12–7–15; 8:45 am]                    revisions concern emissions of volatile                     Instructions: Once submitted,
                                           BILLING CODE 6560–50–P                                         organic compounds (VOCs) from motor                      comments cannot be edited or
                                                                                                          vehicle and mobile equipment                             withdrawn. The EPA may publish any
                                                                                                          refinishing coating operations. We are                   comment received to its public docket.
                                           ENVIRONMENTAL PROTECTION                                       approving local rules that regulate these                Do not submit electronically any
                                           AGENCY                                                         emission sources under the Clean Air                     information you consider to be
                                                                                                          Act (CAA or the Act).                                    Confidential Business Information (CBI)
                                           40 CFR Part 52                                                 DATES: This rule is effective on February                or other information whose disclosure is
                                           [EPA–R09–OAR–2015–0690; FRL–9937–29–                           8, 2016 without further notice, unless                   restricted by statute. If you need to
                                           Region 9]                                                      the EPA receives adverse comments by                     include CBI as part of your comment,
                                                                                                          January 7, 2016. If we receive such                      please visit http://www.epa.gov/
                                           Approval of California Air Plan                                comments, we will publish a timely                       dockets/comments.html for further
                                           Revisions, South Coast Air Quality                             withdrawal in the Federal Register to                    instructions. Multimedia submissions
                                           Management District and Yolo-Solano                            notify the public that this direct final                 (audio, video, etc.) must be
                                           Air Quality Management District                                rule will not take effect.                               accompanied by a written comment.
                                           AGENCY: Environmental Protection                               ADDRESSES: Submit comments,                              The written comment is considered the
                                           Agency (EPA).                                                  identified by docket number [EPA–R09–                    official comment and should include
                                                                                                          OAR–2015–0690, by one of the                             discussion of all points you wish to
                                           ACTION: Direct final rule.
                                                                                                          following methods:                                       make. For the full EPA public comment
                                           SUMMARY:   The Environmental Protection                           1. Federal eRulemaking Portal:                        policy and general guidance on making
                                           Agency (EPA) is taking direct final                            www.regulations.gov. Follow the online                   effective comments, please visit http://
Lhorne on DSK9F6TC42PROD with RULES




                                           action to approve revisions to the South                       instructions.                                            www2.epa.gov/dockets/commenting-
                                           Coast Air Quality Management District                             2. Email: steckel.andrew@epa.gov.                     epa-dockets.
                                           (SCAQMD) and Yolo-Solano Air Quality                              3. Mail or deliver: Andrew Steckel                       Docket: Generally, documents in the
                                           Management District (YSAQMD)                                   (Air–4), U.S. Environmental Protection                   docket for this action are available
                                           portions of the California State                               Agency Region IX, 75 Hawthorne Street,                   electronically at www.regulations.gov or
                                           Implementation Plan (SIP). These                               San Francisco, CA 94105–3901.                            in hard copy at EPA Region IX, 75


                                      VerDate Sep<11>2014    14:14 Dec 07, 2015     Jkt 238001     PO 00000       Frm 00019   Fmt 4700   Sfmt 4700   E:\FR\FM\08DER1.SGM    08DER1


                                           76220              Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Rules and Regulations

                                           Hawthorne Street, San Francisco,                              FOR FURTHER INFORMATION CONTACT:                       B. Do the rules meet the evaluation
                                           California 94105–3901. While all                              Arnold Lazarus, EPA Region IX, (415)                      criteria?
                                           documents in the docket are listed at                         972–3024, lazarus.arnold@epa.gov.                      C. EPA recommendations to further
                                                                                                                                                                   improve the rules
                                           www.regulations.gov, some information                         SUPPLEMENTARY INFORMATION:                             D. Public comment and final action
                                           may be publicly available only at the                         Throughout this document, ‘‘we,’’ ‘‘us,’’           III. Incorporation by Reference
                                           hard copy location (e.g., copyrighted                         and ‘‘our’’ refer to the EPA.                       IV. Statutory and Executive Order Reviews
                                           material, large maps), and some may not
                                                                                                         Table of Contents                                   I. The State’s Submittal
                                           be publicly available in either location
                                           (e.g., CBI). To inspect the hard copy                         I. The State’s Submittal                            A. What rules did the State submit?
                                           materials, please schedule an                                    A. What rules did the State submit?
                                                                                                            B. Are there other versions of these rules?        Table 1 lists the rules addressed by
                                           appointment during normal business                                                                                this action with the dates that they were
                                                                                                            C. What is the purpose of the submitted
                                           hours with the contact listed in the FOR                                                                          adopted by the local air agencies and
                                                                                                              rule revisions?
                                           FURTHER INFORMATION CONTACT section.                          II. The EPA’s Evaluation and Action                 submitted by the California Air
                                                                                                            A. How is the EPA evaluating the rules?          Resources Board (CARB).
                                                                                                               TABLE 1—SUBMITTED RULES
                                                                                                                                                                                 Adopted/
                                                       Local agency                      Rule No.                                       Rule title                                              Submitted
                                                                                                                                                                                  revised

                                           SCAQMD ....................................            1151    Motor Vehicle and Mobile Equipment Non-Assembly Line Coat-               09/05/14       04/07/15
                                                                                                           ing Operations.
                                           YSAQMD ....................................            2.26    Motor Vehicle and Mobile Equipment Coating Operations ............       10/10/08       06/26/15



                                             On April 30, 2015 and August 13,                            (TSDs) have more information about                  the Clean Air Act Amendments of 1990’’ (57
                                           2015, the EPA determined that the                             these rules.                                        FR 13498, April 16, 1992 and 57 FR 18070,
                                           submittals for SCAQMD Rule 1151 and                                                                               April 28, 1992).
                                                                                                         II. The EPA’s Evaluation and Action                    2. ‘‘Issues Relating to VOC Regulation
                                           YSAQMD Rule 2.26 respectively met
                                                                                                         A. How is the EPA evaluating the rules?             Cutpoints, Deficiencies, and Deviations’’
                                           the completeness criteria in 40 CFR part
                                                                                                                                                             (‘‘the Bluebook,’’ U.S. EPA, May 25, 1988;
                                           51 Appendix V, which must be met                                SIP rules must be enforceable (see                revised January 11, 1990).
                                           before formal EPA review.                                     CAA section 110(a)(2)), must not                       3. ‘‘Guidance Document for Correcting
                                           B. Are there other versions of these                          interfere with applicable requirements              Common VOC & Other Rule Deficiencies’’
                                           rules?                                                        concerning attainment and reasonable                (‘‘the Little Bluebook,’’ EPA Region 9, August
                                                                                                         further progress or other CAA                       21, 2001).
                                             There are previous versions of Rules                        requirements (see CAA section 110(l)),                 4. The Code of Federal Regulations (CFR)
                                           1151 and 2.26 in the SIP. The SCAQMD                          and must not modify certain SIP control             Title 40 Subpart B National Volatile Organic
                                           and the YSAQMD adopted earlier                                requirements in nonattainment areas                 Compound Emission Standards for
                                           versions of these rules on June 13, 1997                                                                          Automobile Refinish Coatings § 59.102
                                                                                                         without ensuring equivalent or greater
                                                                                                                                                             Standards table 1 (40 CFR 59.102, table 1).
                                           and April 27, 1994 respectively, and                          emissions reductions (see CAA section                  5. SCAQMD Rule 1151, ‘‘Motor Vehicle
                                           CARB submitted them to us on March                            193).                                               and Mobile Equipment Non-Assembly Line
                                           10, 1998 and February 24, 1995                                  Generally, SIP rules must require                 Coating Operations,’’ approved into the SIP
                                           respectively. We approved these                               Reasonably Available Control                        on September 24, 2013 (78 FR 58459).
                                           versions of Rules 1151 and 2.26 into the                      Technology (RACT) for each category of                 6. SCAQMD Rule 1151, ‘‘Motor Vehicle
                                           SIP on August 13, 1999 (64 FR 44134)                          sources covered by a Control                        and Mobile Equipment Non-Assembly Line
                                           and April 30, 1996 (61 FR 18962)                              Techniques Guidelines (CTG) document                Coating Operations,’’ amended September 5,
                                           respectively. The SCAQMD amended                              as well as each major source of VOCs in             2014.
                                           Rule 1151 on December 2, 2005, and                            ozone nonattainment areas classified as                7. YSAQMD Rule 2.26, ‘‘Motor Vehicle and
                                           CARB submitted the amended rule to us                         moderate or above (see CAA section                  Mobile Equipment Coating Operations,’’
                                                                                                                                                             approved into the SIP on April 30, 1996 (61
                                           on April 6, 2009. We approved this                            182(b)(2)). SCAQMD and YSAQMD
                                                                                                                                                             FR 18962).
                                           version of Rule 1151 on September 24,                         regulate ozone nonattainment areas                     8. YSAQMD Rule 2.26, ‘‘Motor Vehicle and
                                           2013 (78 FR 58459).                                           classified as extreme and severe                    Mobile Equipment Coating Operations,’’
                                                                                                         respectively for the 2008 8-Hour Ozone              amended October 10, 2008.
                                           C. What is the purpose of the submitted
                                                                                                         National Ambient Air Quality Standards
                                           rules revisions?
                                                                                                         (NAAQS) (40 CFR 81.305). There are no               B. Do the rules meet the evaluation
                                             VOCs help produce ground-level                              EPA CTG documents relevant to the                   criteria?
                                           ozone, smog and particulate matter                            sources addressed by these rules.
                                           (PM), which harm human health and                             However, CARB’s ‘‘Suggested Control                   We believe these rules are consistent
                                           the environment. Section 110(a) of the                        Measures for Automotive Coating’’ is                with the relevant policy and guidance
                                           CAA requires States to submit                                 useful in defining RACT for these                   regarding enforceability, RACT, and SIP
                                           regulations that control VOC emissions.                       activities.                                         relaxations. The TSDs have more
                                           Rules 1151 and 2.26 establish limits on                         Guidance and policy documents that                information on our evaluation.
Lhorne on DSK9F6TC42PROD with RULES




                                           the emission of VOC and workplace                             we used to evaluate enforceability,                 C. EPA Recommendations To Further
                                           standards for motor vehicle and mobile                        revision/relaxation and rule stringency             Improve The Rule(s)
                                           equipment coating operations. They also                       requirements for the applicable criteria
                                           regulate related recordkeeping,                               pollutants include the following:                     The TSDs describe additional rule
                                           reporting, and monitoring requirements.                         1. ‘‘State Implementation Plans; General          revisions that we recommend for the
                                           The EPA’s technical support documents                         Preamble for the Implementation of Title I of       next time the local agency modifies the


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                                                            Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Rules and Regulations                                              76221

                                           rules but are not currently the basis for                  • Is not a significant regulatory action           Representatives, and the Comptroller
                                           rule disapproval.                                       subject to review by the Office of                    General of the United States prior to
                                                                                                   Management and Budget under                           publication of the rule in the Federal
                                           D. Public Comment and Final Action
                                                                                                   Executive Orders 12866 (58 FR 51735,                  Register. A major rule cannot take effect
                                             As authorized in section 110(k)(3) of                 October 4, 1993) and 13563 (76 FR 3821,               until 60 days after it is published in the
                                           the Act, the EPA is fully approving the                 January 21, 2011);                                    Federal Register. This action is not a
                                           submitted rules because we believe they                    • does not impose an information                   ‘‘major rule’’ as defined by 5 U.S.C.
                                           fulfill all relevant requirements. We do                collection burden under the provisions                804(2).
                                           not think anyone will object to this                    of the Paperwork Reduction Act (44                       Under section 307(b)(1) of the Clean
                                           approval, so we are finalizing it without               U.S.C. 3501 et seq.);                                 Air Act, petitions for judicial review of
                                           proposing it in advance. However, in                       • is certified as not having a                     this action must be filed in the United
                                           the Proposed Rules section of this                      significant economic impact on a                      States Court of Appeals for the
                                           Federal Register, we are simultaneously                 substantial number of small entities                  appropriate circuit by February 8, 2016.
                                           proposing approval of the same                          under the Regulatory Flexibility Act (5               Filing a petition for reconsideration by
                                           submitted rules. If we receive adverse                  U.S.C. 601 et seq.);                                  the Administrator of this final rule does
                                           comments by January 7, 2016, we will                       • does not contain any unfunded                    not affect the finality of this action for
                                           publish a timely withdrawal in the                      mandate or significantly or uniquely                  the purposes of judicial review nor does
                                           Federal Register to notify the public                   affect small governments, as described                it extend the time within which a
                                           that the direct final approval will not                 in the Unfunded Mandates Reform Act                   petition for judicial review may be filed,
                                           take effect and we will address the                     of 1995 (Pub. L. 104–4);                              and shall not postpone the effectiveness
                                           comments in a subsequent final action                      • does not have Federalism                         of such rule or action. Parties with
                                           based on the proposal. If we do not                     implications as specified in Executive                objections to this direct final rule are
                                           receive timely adverse comments, the                    Order 13132 (64 FR 43255, August 10,                  encouraged to file a comment in
                                           direct final approval will be effective                 1999);                                                response to the parallel notice of
                                           without further notice on February 8,                      • is not an economically significant               proposed rulemaking for this action
                                           2016. This will incorporate these rules                 regulatory action based on health or                  published in the Proposed Rules section
                                           into the federally enforceable SIP.                     safety risks subject to Executive Order               of today’s Federal Register, rather than
                                             Please note that if the EPA receives                  13045 (62 FR 19885, April 23, 1997);                  file an immediate petition for judicial
                                           adverse comment on an amendment,                           • is not a significant regulatory action           review of this direct final rule, so that
                                           paragraph, or section of this rule and if               subject to Executive Order 13211 (66 FR               the EPA can withdraw this direct final
                                           that provision may be severed from the                  28355, May 22, 2001);                                 rule and address the comment in the
                                           remainder of the rule, the EPA may                         • is not subject to requirements of
                                                                                                                                                         proposed rulemaking. This action may
                                           adopt as final those provisions of the                  Section 12(d) of the National
                                                                                                                                                         not be challenged later in proceedings to
                                           rule that are not the subject of an                     Technology Transfer and Advancement
                                                                                                                                                         enforce its requirements (see section
                                           adverse comment.                                        Act of 1995 (15 U.S.C. 272 note) because
                                                                                                                                                         307(b)(2)).
                                                                                                   application of those requirements would
                                           III. Incorporation by Reference                         be inconsistent with the Clean Air Act;               List of Subjects in 40 CFR Part 52
                                              In this rule, the EPA is finalizing                  and                                                     Environmental protection, Air
                                           regulatory text that includes                              • does not provide the EPA with the                pollution control, Incorporation by
                                           incorporation by reference. In                          discretionary authority to address, as                reference, Inter-governmental relations,
                                           accordance with requirements of 1 CFR                   appropriate, disproportionate human                   Ozone, Reporting and recordkeeping
                                           51.5, the EPA is finalizing the                         health or environmental effects, using                requirements, Volatile organic
                                           incorporation by reference of the                       practicable and legally permissible                   compounds.
                                           SCAQMD and YSAQMD rules described                       methods, under Executive Order 12898
                                           in the amendments to 40 CFR part 52 set                 (59 FR 7629, February 16, 1994).                        Dated: November 5, 2015.
                                           forth below. The EPA has made, and                         In addition, the SIP is not approved               Jared Blumenfeld,
                                           will continue to make, these documents                  to apply on any Indian reservation land               Regional Administrator, Region IX.
                                           available electronically through                        or in any other area where the EPA or                   Part 52, Chapter I, Title 40 of the Code
                                           www.regulations.gov and in hard copy                    an Indian tribe has demonstrated that a               of Federal Regulations is amended as
                                           at the appropriate EPA office (see the                  tribe has jurisdiction. In those areas of             follows:
                                           ADDRESSES section of this preamble for                  Indian country, the rule does not have
                                           more information).                                      tribal implications and will not impose               PART 52—APPROVAL AND
                                                                                                   substantial direct costs on tribal                    PROMULGATION OF
                                           IV. Statutory and Executive Order                       governments or preempt tribal law as                  IMPLEMENTATION PLANS
                                           Reviews                                                 specified by Executive Order 13175 (65
                                             Under the CAA, the Administrator is                                                                         ■ 1. The authority citation for part 52
                                                                                                   FR 67249, November 9, 2000).
                                           required to approve a SIP submission                       The Congressional Review Act, 5                    continues to read as follows:
                                           that complies with the provisions of the                U.S.C. 801 et seq., as added by the Small                 Authority: 42 U.S.C. 7401 et seq.
                                           Act and applicable Federal regulations                  Business Regulatory Enforcement
                                           (42 U.S.C. 7410(k); 40 CFR 52.02(a)).                   Fairness Act of 1996, generally provides              Subpart F—California
                                           Thus, in reviewing SIP submissions, the                 that before a rule may take effect, the               ■ 2. Section 52.220 is amended by
                                           EPA’s role is to approve state choices,                 agency promulgating the rule must                     adding paragraphs (c)(461)(i)(C) and
                                           provided that they meet the criteria of                 submit a rule report, which includes a
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                                                                                                                                                         (c)(463)(i)(B) to read as follows:
                                           the CAA. Accordingly, this action                       copy of the rule, to each House of the
                                           merely approves state law as meeting                    Congress and to the Comptroller General               § 52.220      Identification of plan.
                                           Federal requirements and does not                       of the United States. The EPA will                    *       *       *     *      *
                                           impose additional requirements beyond                   submit a report containing this action                    (c) * *   *
                                           those imposed by state law. For that                    and other required information to the                     (461) *   * *
                                           reason, this action:                                    U.S. Senate, the U.S. House of                            (i) * *   *


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                                           76222                Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Rules and Regulations

                                             (C) South Coast Air Quality                                      organic compounds (VOCs) from                                  Docket: Generally, documents in the
                                           Management District.                                               architectural coatings. We are approving                    docket for this action are available
                                             (1) Rule 1151, ‘‘Motor Vehicle and                               local rules that regulate these emission                    electronically at www.regulations.gov or
                                           Mobile Equipment Non-Assembly Line                                 sources under the Clean Air Act (CAA                        in hard copy at EPA Region IX, 75
                                           Coating Operations,’’ amended on                                   or the Act).                                                Hawthorne Street, San Francisco,
                                           September 5, 2014.                                                 DATES: This rule is effective on February                   California 94105–3901. While all
                                           *     *     *     *    *                                           8, 2016 without further notice, unless                      documents in the docket are listed at
                                             (463) * * *                                                      the EPA receives adverse comments by                        www.regulations.gov, some information
                                             (i) * * *                                                        January 7, 2016. If we receive such                         may be publicly available only at the
                                             (B) Yolo-Solano Air Quality                                      comments, we will publish a timely                          hard copy location (e.g., copyrighted
                                           Management District.                                               withdrawal in the Federal Register to                       material, large maps), and some may not
                                             (1) Rule 2.26, ‘‘Motor Vehicle and                               notify the public that this direct final                    be publicly available in either location
                                           Mobile Equipment Coating Operations,’’                             rule will not take effect.                                  (e.g., CBI). To inspect the hard copy
                                           revised on December 10, 2008.                                                                                                  materials, please schedule an
                                                                                                              ADDRESSES: Submit comments,
                                           *     *     *     *    *                                           identified by docket number [EPA–R09–                       appointment during normal business
                                           [FR Doc. 2015–30828 Filed 12–7–15; 8:45 am]
                                                                                                              OAR–2015–0619, by one of the                                hours with the contact listed in the FOR
                                           BILLING CODE 6560–50–P                                             following methods:                                          FURTHER INFORMATION CONTACT section.
                                                                                                                 1. Federal eRulemaking Portal:                           FOR FURTHER INFORMATION CONTACT:
                                                                                                              www.regulations.gov. Follow the on-line                     Arnold Lazarus, EPA Region IX, (415)
                                           ENVIRONMENTAL PROTECTION                                           instructions.
                                           AGENCY                                                                                                                         972 3024, lazarus.arnold@epa.gov.
                                                                                                                 2. Email: steckel.andrew@epa.gov.
                                                                                                                 3. Mail or deliver: Andrew Steckel                       SUPPLEMENTARY INFORMATION:
                                           40 CFR Part 52                                                                                                                 Throughout this document, ‘‘we,’’ ‘‘us,’’
                                                                                                              (Air-4), U.S. Environmental Protection
                                           [EPA–R09–OAR–2015–0619; FRL–9936–67–                               Agency Region IX, 75 Hawthorne Street,                      and ‘‘our’’ refer to the EPA.
                                           Region 9]                                                          San Francisco, CA 94105–3901.                               Table of Contents
                                                                                                                 Instructions: Once submitted,
                                           Revisions to the California State                                  comments cannot be edited or                                I. The State’s Submittal
                                           Implementation Plan, Antelope Valley                                                                                              A. What rules did the State submit?
                                                                                                              withdrawn. The EPA may publish any
                                           Air Quality Management District,                                                                                                  B. Are there other versions of these rules?
                                                                                                              comment received to its public docket.                         C. What is the purpose of the submitted
                                           Feather River Air Quality Management                               Do not submit electronically any                                  rules and rule revisions?
                                           District and Santa Barbara County Air                              information you consider to be                              II. The EPA’s Evaluation and Action
                                           Pollution Control District                                         Confidential Business Information (CBI)                        A. How is the EPA evaluating the rules?
                                           AGENCY: Environmental Protection                                   or other information whose disclosure is                       B. Do the rules meet the evaluation
                                           Agency (EPA).                                                      restricted by statute. If you need to                             criteria?
                                                                                                              include CBI as part of your comment,                           C. EPA Recommendations to Further
                                           ACTION: Direct final rule.                                                                                                           Improve the Rules
                                                                                                              please visit http://www.epa.gov/
                                                                                                                                                                             D. Public Comment and Final Action
                                           SUMMARY:   The Environmental Protection                            dockets/comments.html for further
                                                                                                                                                                          III. Incorporation by Reference
                                           Agency (EPA) is taking direct final                                instructions. Multimedia submissions                        IV. Statutory and Executive Order Reviews
                                           action to approve revisions to the                                 (audio, video, etc.) must be
                                           Antelope Valley Air Quality                                        accompanied by a written comment.                           I. The State’s Submittal
                                           Management District (AVAQMD),                                      The written comment is considered the                       A. What rules did the State submit?
                                           Feather River Air Quality Management                               official comment and should include
                                           District (FRAQMD), and Santa Barbara                               discussion of all points you wish to                          Table 1 lists the rules we are
                                           County Air Pollution Control District                              make. For the full EPA public comment                       approving with the dates that they were
                                           (SBCAPCD) portions of the California                               policy and general guidance on making                       adopted by the local air agencies and
                                           State Implementation Plan (SIP). These                             effective comments, please visit http://                    submitted by the California Air
                                           revisions concern emissions of volatile                            www.epa.gov/dockets/comments.html.                          Resources Board (CARB).

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

                                           AVAQMD .........................................................            1113    Architectural Coatings ....................................    3/18/2003        5/13/2014
                                           FRAQMD .........................................................             3.15   Architectural Coatings ....................................     8/4/2014        11/6/2014
                                           SBCAPCD .......................................................            323.1    Architectural Coatings ....................................    6/19/2014        11/6/2014



                                             On May 13, 2014 the EPA determined                               B. Are there other versions of these                        Rule 3.15, ‘‘Architectural Coatings,’’ and
                                           that the submittal for AVAQMD Rule                                 rules?                                                      Yuba County Air Pollution Control
                                           1113 met the completeness criteria in 40                                                                                       District (YCAPCD) Rule 3.15,
                                                                                                                 There is a previous version of
                                           CFR part 51 Appendix V, which must be                                                                                          ‘‘Architectural Coatings,’’ into the
                                                                                                              AVAQMD 1113 adopted by the district
                                           met before formal EPA review.                                                                                                  California SIP on May 3, 1982. SCAPCD
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                                                                                                              on March 18, 2003. The EPA finalized
                                             On December 18, 2014, the submittal                              a simultaneous limited approval and                         and YCAPCD joined together to form the
                                           for FRAQMD Rule 3.15 and SBCAPCD                                   limited disapproval of this version on                      FRAQMD on September 3, 1991;
                                           Rule 323.1 was deemed by operation of                              August 26, 2004 (69 FR 52432).                              however, SCAPCD Rule 3.15 and
                                           law to meet the completeness criteria in                                                                                       YCAPCD Rule 3.15 have remained in
                                                                                                                 We approved Sutter County Air
                                           40 CFR part 51 Appendix V.                                                                                                     the SIP. The EPA is approving removal
                                                                                                              Pollution Control District (SCAPCD)


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Document Created: 2015-12-14 13:27:33
Document Modified: 2015-12-14 13:27:33
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 February 8, 2016 without further notice, unless the EPA receives adverse comments by January 7, 2016. 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 76219 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Inter-Governmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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