81_FR_30579 81 FR 30484 - Approval of California Air Plan Revisions, Eastern Kern Air Pollution Control District

81 FR 30484 - Approval of California Air Plan Revisions, Eastern Kern Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 95 (May 17, 2016)

Page Range30484-30486
FR Document2016-11516

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Eastern Kern Air Pollution Control District (EKAPCD) portion of the California State Implementation Plan (SIP). These revisions concern administrative changes of a previously approved regulation and emissions of volatile organic compounds (VOCs) in aerospace assembly and coating operations and in metal, plastic and pleasure craft parts and products coating operations. We are approving local rules that regulate these activities under the Clean Air Act (CAA or the Act).

Federal Register, Volume 81 Issue 95 (Tuesday, May 17, 2016)
[Federal Register Volume 81, Number 95 (Tuesday, May 17, 2016)]
[Rules and Regulations]
[Pages 30484-30486]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11516]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0070; FRL-9945-24-Region 9]


Approval of California Air Plan Revisions, Eastern Kern Air 
Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the Eastern Kern Air Pollution 
Control District (EKAPCD) portion of the California State 
Implementation Plan (SIP). These revisions concern administrative 
changes of a previously approved regulation and emissions of volatile 
organic compounds (VOCs) in aerospace assembly and coating operations 
and in metal, plastic and pleasure craft parts and products coating 
operations. We are approving local rules that regulate these activities 
under the Clean Air Act (CAA or the Act).

DATES: This rule is effective on July 18, 2016 without further notice, 
unless the EPA receives adverse comments by June 16, 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 your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0070 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, 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. 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. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

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 the EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules and 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 and rule 
revisions?
    D. Public Comment and Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

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

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
         Local agency               Rule #         Rule title         Adopted         Amended        Submitted
----------------------------------------------------------------------------------------------------------------
EKAPCD........................           103.1  Inspection of     ..............        05/02/96        07/23/96
                                                 Public Records.
EKAPCD........................           410.4  Metal, Plastic,   ..............        03/13/14        07/25/14
                                                 and Pleasure
                                                 Craft Parts and
                                                 Products
                                                 Coating
                                                 Operations.
EKAPCD........................           410.8  Aerospace               03/13/14  ..............        07/25/14
                                                 Assembly and
                                                 Coating
                                                 Operations.
----------------------------------------------------------------------------------------------------------------

    On October 30, 1996, the EPA determined that the submittal for 
EKAPCD Rule 103.1 met the completeness criteria in 40 CFR part 51 
Appendix V, which must be met before formal EPA review. On September 
11, 2014, the EPA determined that the submittal for EKAPCD Rules 410.4 
and 410.8 met the completeness criteria as well.

B. Are there other versions of these rules?

    EKAPCD adopted an earlier version of Rule 103.1 on August 31, 1976, 
which CARB submitted to us on November 10,

[[Page 30485]]

1976. This rule was approved into the SIP on March 22, 1978 (43 FR 
11816). EKAPCD adopted revisions to the SIP-approved version of Rule 
103.1 on May 2, 1996, and CARB submitted the revised rule to us on July 
23, 1996.
    EKAPCD amended an earlier version of Rule 410.4 on March 7, 1996, 
and CARB submitted it to us on May 10, 1996. We approved the earlier 
version of 410.4 into the SIP on January 13, 2000 (65 FR 2046). EKAPCD 
adopted revisions to the SIP-approved version of Rule 410.4 on March 
13, 2014, and CARB submitted it to us on July 25, 2014.
    There are no previous versions of Rule 410.8 in the SIP. EKAPCD 
adopted Rule 410.8 on March 13, 2014, and submitted it to us on July 
25, 2014.
    While we can act on only the most recently submitted version, we 
have reviewed materials provided with previous submittals.

C. What is the purpose of the submitted rules and rule 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.
    Rule 103.1 supports some of the basic infrastructure SIP 
requirements described in section 110(a) of the CAA with respect to 
public records access. The submitted version of Rule 103.1 contains 
only minor typographical changes from the version that we previously 
approved into the SIP in 1978, and is identical in substance to the 
SIP-approved version.
    Rule 410.4 limits the VOC content and establishes related 
requirements for the coating of metal parts or products, large 
appliance parts or products, metal furniture, and plastic parts or 
products. EKAPCD revised the rule largely to be consistent with 
national guidance and with the rules of neighboring air districts.
    Rule 410.8 limits VOC emissions from aerospace primers, coatings, 
adhesives, maskants and lubricants, as well as from cleaning, 
stripping, storing and disposal of organic solvents and waste materials 
associated with the use of the abovementioned aerospace products. This 
rule also provides for administrative requirements including those for 
recordkeeping and measurement of VOC emissions.
    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 sections 182(b)(2)). EKAPCD regulates an ozone nonattainment area 
classified as Marginal \1\ for the 2008 8-hour ozone National Ambient 
Air Quality Standard (NAAQS). In addition, EKAPCD is classified as 
Moderate for the 1997 8-hour ozone NAAQS (40 CFR 81.305). Since Rules 
410.4 and 410.8 regulate sources subject to a CTG in a nonattainment 
area, they must implement RACT.
---------------------------------------------------------------------------

    \1\ See 80 FR 51992, August 27, 2015.
---------------------------------------------------------------------------

    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. ``Control of Volatile Organic Compound Emissions from Coating 
Operations at Aerospace Manufacturing and Rework Operations'' (EPA 453/
R-97-004, December 1997).
    5. Guidance Memorandum for ``Control Technique Guidelines for 
Miscellaneous Metal and Plastic Parts Coating'' (EPA 453/R-08-003, June 
2010).
    6. ``Control Technique Guidelines for Miscellaneous Metal and 
Plastic Parts Coating'' (EPA 453/R-08-003, September 2008).
    7. ``Guidance on Infrastructure State Implementation Plan (SIP) 
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2),'' USEPA 
Memorandum dated September 13, 2013.
    8. ``Review of State Regulation Recodifications,'' USEPA Memorandum 
dated February 12, 1990.

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 rules and rule revisions?

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

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, the EPA is fully 
approving the submitted rules because we believe they fulfill all 
relevant requirements. 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 June 16, 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 July 18, 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 
EKAPCD rules described in the amendments to 40 CFR part 52 set forth 
below. The EPA has made, and will continue to make, these documents

[[Page 30486]]

available electronically through www.regulations.gov and in hard copy 
at the appropriate EPA office (see the ADDRESSES section of this 
preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 18, 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, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, and Volatile organic compounds.

    Dated: April 4, 2016.
Jared Blumenfeld,
Regional Administrator, Region IX.

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

PART 52 [AMENDED]

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)(35)(xiii)(F), 
(c)(231)(i)(B)(8), (c)(239)(i)(C)(6), and (c)(447)(i)(D)(2) and (3) to 
read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (35) * * *
    (xiii) * * *
    (F) Previously approved on March 22, 1978, in paragraph 
(c)(35)(xiii)(A) of this section and now deleted with replacement in 
paragraph (c)(239)(i)(C)(6) of this section, Rule 103.1, ``Inspection 
of Public Records,'' adopted on August 31, 1976.
* * * * *
    (231) * * *
    (i) * * *
    (B) * * *
    (8) Previously approved on January 13, 2000, in paragraph 
(c)(231)(i)(B)(6) of this section and now deleted with replacement in 
paragraph (c)(447)(i)(D)(2) of this section, Rule 410.4, ``Surface 
Coating of Metal Parts and Products,'' amended on March 7, 1996.
* * * * *
    (239) * * *
    (i) * * *
    (C) * * *
    (6) Rule 103.1, Inspection of Public Records,'' amended on May 2, 
1996.
* * * * *
    (447) * * *
    (i) * * *
    (D) * * *
    (2) Rule 410.4, ``Metal, Plastic, and Pleasure Craft Parts and 
Products Coating Operations,'' amended on March 13, 2014.
    (3) Rule 410.8, ``Aerospace Assembly and Coating Operations,'' 
adopted on March 13, 2014.
* * * * *
[FR Doc. 2016-11516 Filed 5-16-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                30484                  Federal Register / Vol. 81, No. 95 / Tuesday, May 17, 2016 / Rules and Regulations

                                                not have a significant economic impact                     ENVIRONMENTAL PROTECTION                                      information you consider to be
                                                on a substantial number of small                           AGENCY                                                        Confidential Business Information (CBI)
                                                entities. Each of the banks of the Farm                                                                                  or other information whose disclosure is
                                                Credit System, together with their                         40 CFR Part 52                                                restricted by statute. Multimedia
                                                affiliated associations, has assets and                    [EPA–R09–OAR–2016–0070; FRL–9945–24–                          submissions (audio, video, etc.) must be
                                                annual income in excess of amounts                         Region 9]                                                     accompanied by a written comment.
                                                that would qualify them as ‘‘small                                                                                       The written comment is considered the
                                                entities’’ under the Regulatory                            Approval of California Air Plan                               official comment and should include
                                                Flexibility Act.                                           Revisions, Eastern Kern Air Pollution                         discussion of all points you wish to
                                                                                                           Control District                                              make. The EPA will generally not
                                                List of Subjects in 12 CFR Part 1411                                                                                     consider comments or comment
                                                                                                           AGENCY: Environmental Protection
                                                                                                                                                                         contents located outside of the primary
                                                  Banks, Banking, Civil money                              Agency (EPA).
                                                                                                                                                                         submission (i.e., on the web, cloud, or
                                                penalties, Penalties.                                      ACTION: Direct final rule.
                                                                                                                                                                         other file sharing system). For
                                                  For the reasons stated in the                            SUMMARY:   The Environmental Protection                       additional submission methods, please
                                                preamble, part 1411 of chapter XIV, title                  Agency (EPA) is taking direct final                           contact the person identified in the FOR
                                                12 of the Code of Federal Regulations is                   action to approve revisions to the                            FURTHER INFORMATION CONTACT section.
                                                amended as follows:                                        Eastern Kern Air Pollution Control                            For the full EPA public comment policy,
                                                                                                           District (EKAPCD) portion of the                              information about CBI or multimedia
                                                PART 1411—RULES OF PRACTICE                                California State Implementation Plan                          submissions, and general guidance on
                                                AND PROCEDURE                                              (SIP). These revisions concern                                making effective comments, please visit
                                                                                                           administrative changes of a previously                        http://www2.epa.gov/dockets/
                                                ■ 1. The authority citation for part 1411                  approved regulation and emissions of                          commenting-epa-dockets.
                                                continues to read as follows:                              volatile organic compounds (VOCs) in                          FOR FURTHER INFORMATION CONTACT:
                                                                                                           aerospace assembly and coating                                Vanessa Graham, EPA Region IX, (415)
                                                  Authority: Secs. 5.58(10), 5.65(c) and (d)
                                                                                                           operations and in metal, plastic and                          947–4120, graham.vanessa@epa.gov.
                                                of the Farm Credit Act (12 U.S.C. 2277a–
                                                                                                           pleasure craft parts and products                             SUPPLEMENTARY INFORMATION:
                                                7(10), 2277a–14(c) and (d)); 28 U.S.C. 2461
                                                                                                           coating operations. We are approving                          Throughout this document, ‘‘we,’’ ‘‘us,’’
                                                note.
                                                                                                           local rules that regulate these activities                    and ‘‘our’’ refer to the EPA.
                                                ■   2. Revise § 1411.1 to read as follows:                 under the Clean Air Act (CAA or the
                                                                                                           Act).                                                         Table of Contents
                                                § 1411.1 Inflation adjustment of civil                     DATES: This rule is effective on July 18,                     I. The State’s Submittal
                                                money penalties for failure to file a certified            2016 without further notice, unless the                          A. What rules did the State submit?
                                                statement, pay any premium required or                     EPA receives adverse comments by June                            B. Are there other versions of these rules?
                                                obtain approval before employment of                                                                                        C. What is the purpose of the submitted
                                                                                                           16, 2016. If we receive such comments,
                                                persons convicted of criminal offenses.                                                                                        rules and rule revisions?
                                                                                                           we will publish a timely withdrawal in
                                                                                                                                                                         II. The EPA’s Evaluation and Action
                                                  In accordance with the Federal Civil                     the Federal Register to notify the public                        A. How is the EPA evaluating the rules?
                                                Penalties Inflation Adjustment Act of                      that this direct final rule will not take                        B. Do the rules meet the evaluation
                                                1990, as amended, a civil money                            effect.                                                             criteria?
                                                penalty imposed pursuant to section                        ADDRESSES: Submit your comments,                                 C. EPA recommendations to further
                                                5.65(c) or (d) of the Farm Credit Act of                   identified by Docket ID No. EPA–R09–                                improve the rules and rule revisions?
                                                1971, as amended, for a violation                          OAR–2016–0070 at http://                                         D. Public Comment and Final Action
                                                occurring on or after August 1, 2016                       www.regulations.gov, or via email to                          III. Incorporation by Reference
                                                                                                                                                                         IV. Statutory and Executive Order Reviews
                                                shall not exceed $198 per day for each                     Steckel.Andrew@epa.gov. For comments
                                                day the violation continues.                               submitted at Regulations.gov, follow the                      I. The State’s Submittal
                                                  Dated: May 12, 2016.
                                                                                                           online instructions for submitting
                                                                                                           comments. Once submitted, comments                            A. What rules did the State submit?
                                                Dale L. Aultman,                                           cannot be edited or removed from                                Table 1 lists the rules addressed by
                                                Secretary to the Board, Farm Credit System                 Regulations.gov. For either manner of                         this action with the dates that they were
                                                Insurance Corporation.                                     submission, the EPA may publish any                           adopted by the local air agency and
                                                [FR Doc. 2016–11675 Filed 5–16–16; 8:45 am]                comment received to its public docket.                        submitted by the California Air
                                                BILLING CODE 6710–01–P                                     Do not submit electronically any                              Resources Board (CARB).

                                                                                                                   TABLE 1—SUBMITTED RULES
                                                       Local agency                     Rule #                                Rule title                                  Adopted                   Amended                Submitted

                                                EKAPCD ........................             103.1     Inspection of Public Records ...............................   ........................            05/02/96             07/23/96
                                                EKAPCD ........................             410.4     Metal, Plastic, and Pleasure Craft Parts and                   ........................            03/13/14             07/25/14
                                                                                                        Products Coating Operations.
                                                EKAPCD ........................             410.8     Aerospace Assembly and Coating Operations ....                           03/13/14         ........................      07/25/14
mstockstill on DSK3G9T082PROD with RULES




                                                  On October 30, 1996, the EPA                             formal EPA review. On September 11,                           B. Are there other versions of these
                                                determined that the submittal for                          2014, the EPA determined that the                             rules?
                                                EKAPCD Rule 103.1 met the                                  submittal for EKAPCD Rules 410.4 and                            EKAPCD adopted an earlier version of
                                                completeness criteria in 40 CFR part 51                    410.8 met the completeness criteria as                        Rule 103.1 on August 31, 1976, which
                                                Appendix V, which must be met before                       well.                                                         CARB submitted to us on November 10,


                                           VerDate Sep<11>2014     16:31 May 16, 2016    Jkt 238001   PO 00000   Frm 00002     Fmt 4700    Sfmt 4700   E:\FR\FM\17MYR1.SGM            17MYR1


                                                                    Federal Register / Vol. 81, No. 95 / Tuesday, May 17, 2016 / Rules and Regulations                                          30485

                                                1976. This rule was approved into the                   II. The EPA’s Evaluation and Action                     7. ‘‘Guidance on Infrastructure State
                                                SIP on March 22, 1978 (43 FR 11816).                                                                          Implementation Plan (SIP) Elements
                                                                                                        A. How is the EPA evaluating the rules?
                                                EKAPCD adopted revisions to the SIP-                                                                          under Clean Air Act Sections 110(a)(1)
                                                approved version of Rule 103.1 on May                      SIP rules must be enforceable (see                 and 110(a)(2),’’ USEPA Memorandum
                                                2, 1996, and CARB submitted the                         CAA section 110(a)(2)), must not                      dated September 13, 2013.
                                                revised rule to us on July 23, 1996.                    interfere with applicable requirements                  8. ‘‘Review of State Regulation
                                                   EKAPCD amended an earlier version                    concerning attainment and reasonable                  Recodifications,’’ USEPA Memorandum
                                                of Rule 410.4 on March 7, 1996, and                     further progress or other CAA                         dated February 12, 1990.
                                                CARB submitted it to us on May 10,                      requirements (see CAA section 110(l)),
                                                                                                                                                              B. Do the rules meet the evaluation
                                                1996. We approved the earlier version of                and must not modify certain SIP control
                                                                                                                                                              criteria?
                                                410.4 into the SIP on January 13, 2000                  requirements in nonattainment areas
                                                                                                        without ensuring equivalent or greater                  We believe these rules are consistent
                                                (65 FR 2046). EKAPCD adopted
                                                                                                        emissions reductions (see CAA section                 with the relevant policy and guidance
                                                revisions to the SIP-approved version of
                                                                                                        193).                                                 regarding enforceability, RACT and SIP
                                                Rule 410.4 on March 13, 2014, and
                                                                                                           Generally, SIP rules must require                  relaxations. The TSDs have more
                                                CARB submitted it to us on July 25,
                                                                                                        Reasonably Available Control                          information on our evaluation.
                                                2014.
                                                                                                        Technology (RACT) for each category of                C. EPA recommendations to further
                                                   There are no previous versions of                    sources covered by a Control
                                                Rule 410.8 in the SIP. EKAPCD adopted                                                                         improve the rules and rule revisions?
                                                                                                        Techniques Guidelines (CTG) document
                                                Rule 410.8 on March 13, 2014, and                       as well as each major source of VOCs in                 The TSDs describe additional rule
                                                submitted it to us on July 25, 2014.                    ozone nonattainment areas classified as               revisions that we recommend for the
                                                   While we can act on only the most                    moderate or above (see CAA sections                   next time the local agency modifies the
                                                recently submitted version, we have                     182(b)(2)). EKAPCD regulates an ozone                 rules but are not currently the basis for
                                                reviewed materials provided with                        nonattainment area classified as                      rule disapproval.
                                                previous submittals.                                    Marginal 1 for the 2008 8-hour ozone                  D. Public Comment and Final Action
                                                C. What is the purpose of the submitted                 National Ambient Air Quality Standard
                                                                                                                                                                As authorized in section 110(k)(3) of
                                                rules and rule revisions?                               (NAAQS). In addition, EKAPCD is
                                                                                                                                                              the Act, the EPA is fully approving the
                                                                                                        classified as Moderate for the 1997 8-
                                                                                                                                                              submitted rules because we believe they
                                                  VOCs help produce ground-level                        hour ozone NAAQS (40 CFR 81.305).
                                                                                                                                                              fulfill all relevant requirements. We do
                                                ozone, smog and particulate matter                      Since Rules 410.4 and 410.8 regulate
                                                                                                                                                              not think anyone will object to this
                                                (PM), which harm human health and                       sources subject to a CTG in a
                                                                                                                                                              approval, so we are finalizing it without
                                                the environment. Section 110(a) of the                  nonattainment area, they must
                                                                                                                                                              proposing it in advance. However, in
                                                CAA requires States to submit                           implement RACT.
                                                                                                                                                              the Proposed Rules section of this
                                                regulations that control VOC emissions.                    Guidance and policy documents that                 Federal Register, we are simultaneously
                                                  Rule 103.1 supports some of the basic                 we used to evaluate enforceability,                   proposing approval of the same
                                                infrastructure SIP requirements                         revision/relaxation and rule stringency               submitted rules. If we receive adverse
                                                described in section 110(a) of the CAA                  requirements for the applicable criteria              comments by June 16, 2016, we will
                                                with respect to public records access.                  pollutants include the following:                     publish a timely withdrawal in the
                                                The submitted version of Rule 103.1                        1. ‘‘State Implementation Plans;                   Federal Register to notify the public
                                                contains only minor typographical                       General Preamble for the                              that the direct final approval will not
                                                changes from the version that we                        Implementation of Title I of the Clean                take effect and we will address the
                                                previously approved into the SIP in                     Air Act Amendments of 1990,’’ (57 FR                  comments in a subsequent final action
                                                1978, and is identical in substance to                  13498, April 16, 1992, and 57 FR 18070,               based on the proposal. If we do not
                                                the SIP-approved version.                               April 28, 1992).                                      receive timely adverse comments, the
                                                                                                           2. ‘‘Issues Relating to VOC Regulation             direct final approval will be effective
                                                  Rule 410.4 limits the VOC content                     Cutpoints, Deficiencies, and Deviations’’
                                                and establishes related requirements for                                                                      without further notice on July 18, 2016.
                                                                                                        (‘‘the Bluebook,’’ U.S. EPA, May 25,                  This will incorporate these rules into
                                                the coating of metal parts or products,                 1988; revised January 11, 1990).
                                                large appliance parts or products, metal                                                                      the federally enforceable SIP.
                                                                                                           3. ‘‘Guidance Document for Correcting                Please note that if the EPA receives
                                                furniture, and plastic parts or products.               Common VOC & Other Rule
                                                EKAPCD revised the rule largely to be                                                                         adverse comment on an amendment,
                                                                                                        Deficiencies’’ (‘‘the Little Bluebook,’’              paragraph, or section of this rule and if
                                                consistent with national guidance and                   EPA Region 9, August 21, 2001).
                                                with the rules of neighboring air                                                                             that provision may be severed from the
                                                                                                           4. ‘‘Control of Volatile Organic                   remainder of the rule, the EPA may
                                                districts.                                              Compound Emissions from Coating                       adopt as final those provisions of the
                                                  Rule 410.8 limits VOC emissions from                  Operations at Aerospace Manufacturing                 rule that are not the subject of an
                                                aerospace primers, coatings, adhesives,                 and Rework Operations’’ (EPA 453/R–                   adverse comment.
                                                maskants and lubricants, as well as from                97–004, December 1997).
                                                cleaning, stripping, storing and disposal                  5. Guidance Memorandum for                         III. Incorporation by Reference
                                                of organic solvents and waste materials                 ‘‘Control Technique Guidelines for                       In this rule, the EPA is finalizing
                                                associated with the use of the                          Miscellaneous Metal and Plastic Parts                 regulatory text that includes
                                                abovementioned aerospace products.                      Coating’’ (EPA 453/R–08–003, June                     incorporation by reference. In
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                                                This rule also provides for                             2010).                                                accordance with requirements of 1 CFR
                                                administrative requirements including                      6. ‘‘Control Technique Guidelines for              51.5, the EPA is finalizing the
                                                those for recordkeeping and                             Miscellaneous Metal and Plastic Parts                 incorporation by reference of the
                                                measurement of VOC emissions.                           Coating’’ (EPA 453/R–08–003,                          EKAPCD rules described in the
                                                  The EPA’s technical support                           September 2008).                                      amendments to 40 CFR part 52 set forth
                                                documents (TSDs) have more                                                                                    below. The EPA has made, and will
                                                information about these rules.                           1 See   80 FR 51992, August 27, 2015.                continue to make, these documents


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                                                30486               Federal Register / Vol. 81, No. 95 / Tuesday, May 17, 2016 / Rules and Regulations

                                                available electronically through                           In addition, the SIP is not approved                 Dated: April 4, 2016.
                                                www.regulations.gov and in hard copy                    to apply on any Indian reservation land               Jared Blumenfeld,
                                                at the appropriate EPA office (see the                  or in any other area where the EPA or                 Regional Administrator, Region IX.
                                                ADDRESSES section of this preamble for                  an Indian tribe has demonstrated that a
                                                more information).                                      tribe has jurisdiction. In those areas of               Part 52, Chapter I, Title 40 of the Code
                                                                                                        Indian country, the rule does not have                of Federal Regulations is amended as
                                                IV. Statutory and Executive Order                                                                             follows:
                                                                                                        tribal implications and will not impose
                                                Reviews
                                                                                                        substantial direct costs on tribal                    PART 52 [AMENDED]
                                                   Under the Clean Air Act, the                         governments or preempt tribal law as
                                                Administrator is required to approve a                  specified by Executive Order 13175 (65                ■ 1. The authority citation for Part 52
                                                SIP submission that complies with the                   FR 67249, November 9, 2000).                          continues to read as follows:
                                                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
                                                40 CFR 52.02(a). Thus, in reviewing SIP
                                                                                                        Business Regulatory Enforcement                       Subpart F—California
                                                submissions, the EPA’s role is to
                                                                                                        Fairness Act of 1996, generally provides
                                                approve state choices, provided that
                                                                                                        that before a rule may take effect, the               ■ 2. Section 52.220 is amended by
                                                they meet the criteria of the Clean Air
                                                                                                        agency promulgating the rule must                     adding paragraphs (c)(35)(xiii)(F),
                                                Act. Accordingly, this action merely
                                                                                                        submit a rule report, which includes a                (c)(231)(i)(B)(8), (c)(239)(i)(C)(6), and
                                                approves state law as meeting federal
                                                                                                        copy of the rule, to each House of the                (c)(447)(i)(D)(2) and (3) to read as
                                                requirements and does not impose
                                                                                                        Congress and to the Comptroller General               follows:
                                                additional requirements beyond those
                                                imposed by state law. For that reason,                  of the United States. The EPA will
                                                                                                                                                              § 52.220    Identification of plan.
                                                this action:                                            submit a report containing this action
                                                                                                        and other required information to the                 *      *     *     *     *
                                                   • Is not a significant regulatory action                                                                      (c) * * *
                                                subject to review by the Office of                      U.S. Senate, the U.S. House of
                                                                                                        Representatives, and the Comptroller                     (35) * * *
                                                Management and Budget under
                                                Executive Orders 12866 (58 FR 51735,                    General of the United States prior to                    (xiii) * * *
                                                October 4, 1993) and 13563 (76 FR 3821,                 publication of the rule in the Federal                   (F) Previously approved on March 22,
                                                January 21, 2011);                                      Register. A major rule cannot take effect             1978, in paragraph (c)(35)(xiii)(A) of this
                                                   • does not impose an information                     until 60 days after it is published in the            section and now deleted with
                                                collection burden under the provisions                  Federal Register. This action is not a                replacement in paragraph
                                                of the Paperwork Reduction Act (44                      ‘‘major rule’’ as defined by 5 U.S.C.                 (c)(239)(i)(C)(6) of this section, Rule
                                                U.S.C. 3501 et seq.);                                   804(2).                                               103.1, ‘‘Inspection of Public Records,’’
                                                   • is certified as not having a                          Under section 307(b)(1) of the Clean               adopted on August 31, 1976.
                                                significant economic impact on a                        Air Act, petitions for judicial review of             *      *     *     *     *
                                                substantial number of small entities                    this action must be filed in the United                  (231) * * *
                                                under the Regulatory Flexibility Act (5                 States Court of Appeals for the                          (i) * * *
                                                U.S.C. 601 et seq.);                                    appropriate circuit by July 18, 2016.                    (B) * * *
                                                   • does not contain any unfunded                      Filing a petition for reconsideration by
                                                                                                                                                                 (8) Previously approved on January
                                                mandate or significantly or uniquely                    the Administrator of this final rule does
                                                                                                                                                              13, 2000, in paragraph (c)(231)(i)(B)(6)
                                                affect small governments, as described                  not affect the finality of this action for
                                                                                                                                                              of this section and now deleted with
                                                in the Unfunded Mandates Reform Act                     the purposes of judicial review nor does
                                                                                                                                                              replacement in paragraph
                                                of 1995 (Pub. L. 104–4);                                it extend the time within which a
                                                                                                                                                              (c)(447)(i)(D)(2) of this section, Rule
                                                   • does not have Federalism                           petition for judicial review may be filed,
                                                                                                                                                              410.4, ‘‘Surface Coating of Metal Parts
                                                implications as specified in Executive                  and shall not postpone the effectiveness
                                                                                                                                                              and Products,’’ amended on March 7,
                                                Order 13132 (64 FR 43255, August 10,                    of such rule or action. Parties with
                                                                                                                                                              1996.
                                                1999);                                                  objections to this direct final rule are
                                                                                                                                                              *      *     *     *     *
                                                   • is not an economically significant                 encouraged to file a comment in
                                                regulatory action based on health or                    response to the parallel notice of                       (239) * * *
                                                safety risks subject to Executive Order                 proposed rulemaking for this action                      (i) * * *
                                                13045 (62 FR 19885, April 23, 1997);                    published in the Proposed Rules section                  (C) * * *
                                                   • is not a significant regulatory action             of today’s Federal Register, rather than                 (6) Rule 103.1, Inspection of Public
                                                subject to Executive Order 13211 (66 FR                 file an immediate petition for judicial               Records,’’ amended on May 2, 1996.
                                                28355, May 22, 2001);                                   review of this direct final rule, so that
                                                                                                                                                              *      *     *     *     *
                                                   • is not subject to requirements of                  the EPA can withdraw this direct final
                                                                                                        rule and address the comment in the                      (447) * * *
                                                Section 12(d) of the National
                                                                                                        proposed rulemaking. This action may                     (i) * * *
                                                Technology Transfer and Advancement
                                                Act of 1995 (15 U.S.C. 272 note) because                not be challenged later in proceedings to                (D) * * *
                                                application of those requirements would                 enforce its requirements (see section                    (2) Rule 410.4, ‘‘Metal, Plastic, and
                                                be inconsistent with the Clean Air Act;                 307(b)(2)).                                           Pleasure Craft Parts and Products
                                                and                                                                                                           Coating Operations,’’ amended on
                                                                                                        List of Subjects in 40 CFR Part 52
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                                                   • does not provide the EPA with the                                                                        March 13, 2014.
                                                discretionary authority to address, as                    Environmental protection, Air                          (3) Rule 410.8, ‘‘Aerospace Assembly
                                                appropriate, disproportionate human                     pollution control, Incorporation by                   and Coating Operations,’’ adopted on
                                                health or environmental effects, using                  reference, Intergovernmental relations,               March 13, 2014.
                                                practicable and legally permissible                     Ozone, Reporting and recordkeeping                    *      *     *     *     *
                                                methods, under Executive Order 12898                    requirements, and Volatile organic                    [FR Doc. 2016–11516 Filed 5–16–16; 8:45 am]
                                                (59 FR 7629, February 16, 1994).                        compounds.                                            BILLING CODE 6560–50–P




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Document Created: 2018-02-07 15:05:39
Document Modified: 2018-02-07 15:05:39
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 July 18, 2016 without further notice, unless the EPA receives adverse comments by June 16, 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.
ContactVanessa Graham, EPA Region IX, (415) 947-4120, [email protected]
FR Citation81 FR 30484 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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