81_FR_39327 81 FR 39211 - Approval of California Air Plan Revisions, Eastern Kern Air Pollution Control District and Yolo-Solano Air Quality Management District

81 FR 39211 - Approval of California Air Plan Revisions, Eastern Kern Air Pollution Control District and Yolo-Solano Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 116 (June 16, 2016)

Page Range39211-39213
FR Document2016-14098

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Yolo-Solano Air Quality Management District (YSAQMD) and Eastern Kern Air Pollution Control District (EKAPCD) portions of the California State Implementation Plan (SIP). These revisions concern, respectively, the definition of volatile organic compounds (VOCs), and emissions of VOCs from the surface coating operations of wood products. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).

Federal Register, Volume 81 Issue 116 (Thursday, June 16, 2016)
[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Rules and Regulations]
[Pages 39211-39213]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14098]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0124; FRL-9946-38-Region 9]


Approval of California Air Plan Revisions, Eastern Kern Air 
Pollution Control 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 Yolo-Solano Air Quality 
Management District (YSAQMD) and Eastern Kern Air Pollution Control 
District (EKAPCD) portions of the California State Implementation Plan 
(SIP). These revisions concern, respectively, the definition of 
volatile organic compounds (VOCs), and emissions of VOCs from the 
surface coating operations of wood products. We are approving local 
rules that regulate these emission sources under the Clean Air Act (CAA 
or the Act).

DATES: This rule is effective on August 15, 2016 without further 
notice, unless the EPA receives adverse comments by July 18, 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-2016-0124 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: 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 and rule revision?
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                amended/        Submitted
                                                                                      revised
----------------------------------------------------------------------------------------------------------------
EKAPCD........................           410.9  Wood Products Surface Coating          3/13/2014       7/25/2014
                                                 Operations.
YSAQMD........................             1.1  General Provisions and                 7/08/2015      11/13/2015
                                                 Definitions.
----------------------------------------------------------------------------------------------------------------

    On September 11, 2014, and January 19, 2016, the EPA determined 
that the submittals for EKAPCD Rule 410.9 and YSAQMD Rule 1.1 
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 no previous versions of Rule 410.9 in the SIP. We 
approved an earlier version of Rule 1.1 into the SIP on April 28, 2015 
(80 FR 23449).

C. What is the purpose of the submitted rule and rule revision?

    VOCs help produce ground-level ozone, smog and PM, which harm human 
health and the environment. Section 110(a) of the CAA requires States 
to submit regulations that control

[[Page 39212]]

VOC emissions. Rule 410.9 limits and controls VOC emission from surface 
coating operations of wood products. The revisions to Rule 1.1 do not 
have a direct effect on air pollution emissions; they amend the 
definition of VOC that is used in other YSAQMD rules to exempt certain 
substances that have been determined to have negligible photochemical 
reactivity and which are excluded from the definition applied by the 
EPA. 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)). The EKAPCD and the YSAQMD regulate ozone areas 
classified as Marginal Nonattainment and Severe Nonattainment 
respectively for the federal 8-hour 2008 Ozone Standard. 40 CFR 81.305. 
The TSDs have more information about these requirements as they relate 
to the submitted rules.
    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 Techniques Guidelines, ``Control of Volatile Organic 
Compound Emissions from Wood Furniture Manufacturing Operations'' (EPA-
453/R-96-007, April 1996).
    5. Control Techniques Guidelines, ``Control Techniques Guidelines 
for Flat Wood Paneling Coatings'' (EPA-453/R-06-004, September 2006).
    6. Code of Federal Regulations, Title 40, Chapter C, Part 51, 
Subpart F, Section 51.100, ``Definitions'' (40 CFR 51.100).

B. Do the rules meet the evaluation criteria?

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

C. EPA Recommendations To Further Improve the Rules

    The TSDs describe additional rule revisions that we recommend for 
the next time the local agency modifies the rules but which 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 issue of the Federal 
Register, we are simultaneously proposing approval of the same 
submitted rules. If we receive adverse comments by July 18, 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 August 15, 
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 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 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

[[Page 39213]]

methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 15, 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, Particulate matter, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: May 3, 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)(442)(i)(F)(3), 
(c)(447)(i)(D)(4), and (c)(472) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (442) * * *
    (i) * * *
    (F) * * *
    (3) Previously approved on April 28, 2015 in paragraph 
(442)(i)(F)(1) of this section and now deleted with replacement in 
(472)(i)(A)(1), Rule 1.1, ``General Provisions and Definitions,'' 
revised on May 8, 2013.
* * * * *
    (447) * * *
    (i) * * *
    (D) * * *
    (4) Rule 410.9, ``Wood Products Surface Coating Operations,'' 
adopted on March 13, 2014.
* * * * *
    (472) New and amended regulations were submitted on November 13, 
2015, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Yolo-Solano Air Quality Management District.
    (1) Rule 1.1, General Provisions and Definitions, revised July 8, 
2015.

[FR Doc. 2016-14098 Filed 6-15-16; 8:45 am]
BILLING CODE 6560-50-P



                                                                   Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations                                                             39211



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


                                                          *                      *                            *                        *                            *                       *                   *
                                                Section 110(a)(2) Infra-        Statewide .......                 7/16/15     6/16/16, [Insert Federal              Docket #2015–0838. This action addresses the fol-
                                                  structure Requirements                                                        Register citation].                   lowing CAA elements, or portions thereof:
                                                  for the 2012 Particulate                                                                                            110(a)(2)(A), (B), (C), (D)(i)(II)(PSD), (D)(ii), (E),
                                                  Matter NAAQS.                                                                                                       (F), (G), (H), (J), (K), (L), and (M).



                                                [FR Doc. 2016–14181 Filed 6–15–16; 8:45 am]                 DATES:  This rule is effective on August                        FURTHER INFORMATION CONTACT   section.
                                                BILLING CODE 6560–50–P                                      15, 2016 without further notice, unless                         For the full EPA public comment policy,
                                                                                                            the EPA receives adverse comments by                            information about CBI or multimedia
                                                                                                            July 18, 2016. If we receive such                               submissions, and general guidance on
                                                ENVIRONMENTAL PROTECTION                                    comments, we will publish a timely                              making effective comments, please visit
                                                AGENCY                                                      withdrawal in the Federal Register to                           http://www2.epa.gov/dockets/
                                                                                                            notify the public that this direct final                        commenting-epa-dockets.
                                                40 CFR Part 52                                              rule will not take effect.                                      FOR FURTHER INFORMATION CONTACT:
                                                                                                            ADDRESSES: Submit your comments,                                Arnold Lazarus, EPA Region IX, (415)
                                                [EPA–R09–OAR–2016–0124; FRL–9946–38–                        identified by Docket ID No. EPA–R09–                            972–3024, lazarus.arnold@epa.gov.
                                                Region 9]                                                   OAR–2016–0124 at http://
                                                                                                            www.regulations.gov, or via email to                            SUPPLEMENTARY INFORMATION:
                                                Approval of California Air Plan                             Steckel.Andrew@epa.gov. For comments                            Throughout this document, ‘‘we,’’ ‘‘us,’’
                                                Revisions, Eastern Kern Air Pollution                       submitted at Regulations.gov, follow the                        and ‘‘our’’ refer to the EPA.
                                                Control District and Yolo-Solano Air                        online instructions for submitting                              Table of Contents
                                                Quality Management District                                 comments. Once submitted, comments
                                                                                                                                                                            I. The State’s Submittal
                                                                                                            cannot be edited or removed from
                                                AGENCY: Environmental Protection                                                                                               A. What rules did the State submit?
                                                                                                            Regulations.gov. For either manner of                              B. Are there other versions of these rules?
                                                Agency (EPA).
                                                                                                            submission, the EPA may publish any                                C. What is the purpose of the submitted
                                                ACTION:   Direct final rule.                                comment received to its public docket.                                rule and rule revision?
                                                                                                            Do not submit electronically any                                II. The EPA’s Evaluation and Action
                                                SUMMARY:   The Environmental Protection                     information you consider to be                                     A. How is the EPA evaluating the rules?
                                                Agency (EPA) is taking direct final                         Confidential Business Information (CBI)                            B. Do the rules meet the evaluation
                                                action to approve revisions to the Yolo-                    or other information whose disclosure is                              criteria?
                                                Solano Air Quality Management District                      restricted by statute. Multimedia                                  C. EPA Recommendations To Further
                                                (YSAQMD) and Eastern Kern Air                               submissions (audio, video, etc.) must be                              Improve the Rules
                                                Pollution Control District (EKAPCD)                                                                                            D. Public Comment and Final Action
                                                                                                            accompanied by a written comment.
                                                                                                                                                                            III. Incorporation by Reference
                                                portions of the California State                            The written comment is considered the                           IV. Statutory and Executive Order Reviews
                                                Implementation Plan (SIP). These                            official comment and should include
                                                revisions concern, respectively, the                        discussion of all points you wish to                            I. The State’s Submittal
                                                definition of volatile organic                              make. The EPA will generally not                                A. What rules did the State submit?
                                                compounds (VOCs), and emissions of                          consider comments or comment
                                                VOCs from the surface coating                               contents located outside of the primary                           Table 1 lists the rules addressed by
                                                operations of wood products. We are                         submission (i.e. on the web, cloud, or                          this action with the dates that they were
                                                approving local rules that regulate these                   other file sharing system). For                                 adopted by the local air agencies and
                                                emission sources under the Clean Air                        additional submission methods, please                           submitted by the California Air
                                                Act (CAA or the Act).                                       contact the person identified in the FOR                        Resources Board (CARB).

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

                                                EKAPCD .........               410.9      Wood Products Surface Coating Operations .................................................               3/13/2014        7/25/2014
                                                YSAQMD ........                  1.1      General Provisions and Definitions ................................................................      7/08/2015       11/13/2015



                                                  On September 11, 2014, and January                        B. Are there other versions of these                            C. What is the purpose of the submitted
jstallworth on DSK7TPTVN1PROD with RULES




                                                19, 2016, the EPA determined that the                       rules?                                                          rule and rule revision?
                                                submittals for EKAPCD Rule 410.9 and
                                                YSAQMD Rule 1.1 respectively met the                          There are no previous versions of                               VOCs help produce ground-level
                                                completeness criteria in 40 CFR part 51                     Rule 410.9 in the SIP. We approved an                           ozone, smog and PM, which harm
                                                Appendix V, which must be met before                        earlier version of Rule 1.1 into the SIP                        human health and the environment.
                                                formal EPA review.                                          on April 28, 2015 (80 FR 23449).                                Section 110(a) of the CAA requires
                                                                                                                                                                            States to submit regulations that control


                                           VerDate Sep<11>2014   13:07 Jun 15, 2016    Jkt 238001   PO 00000      Frm 00037     Fmt 4700    Sfmt 4700     E:\FR\FM\16JNR1.SGM         16JNR1


                                                39212              Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations

                                                VOC emissions. Rule 410.9 limits and                    Manufacturing Operations’’ (EPA–453/                   forth below. The EPA has made, and
                                                controls VOC emission from surface                      R–96–007, April 1996).                                 will continue to make, these documents
                                                coating operations of wood products.                       5. Control Techniques Guidelines,                   available electronically through
                                                The revisions to Rule 1.1 do not have a                 ‘‘Control Techniques Guidelines for Flat               www.regulations.gov and in hard copy
                                                direct effect on air pollution emissions;               Wood Paneling Coatings’’ (EPA–453/R–                   at the appropriate EPA office (see the
                                                they amend the definition of VOC that                   06–004, September 2006).                               ADDRESSES section of this preamble for
                                                is used in other YSAQMD rules to                           6. Code of Federal Regulations, Title               more information).
                                                exempt certain substances that have                     40, Chapter C, Part 51, Subpart F,
                                                                                                        Section 51.100, ‘‘Definitions’’ (40 CFR                IV. Statutory and Executive Order
                                                been determined to have negligible
                                                                                                        51.100).                                               Reviews
                                                photochemical reactivity and which are
                                                excluded from the definition applied by                 B. Do the rules meet the evaluation                       Under the Clean Air Act, the
                                                the EPA. The EPA’s technical support                    criteria?                                              Administrator is required to approve a
                                                documents (TSDs) have more                                                                                     SIP submission that complies with the
                                                information about these rules.                            We believe these rules are consistent                provisions of the Act and applicable
                                                                                                        with the relevant policy and guidance                  federal regulations. 42 U.S.C. 7410(k);
                                                II. The EPA’s Evaluation and Action                     regarding enforceability, stringency and               40 CFR 52.02(a). Thus, in reviewing SIP
                                                A. How is the EPA evaluating the rules?                 SIP relaxations. The TSDs have more                    submissions, the EPA’s role is to
                                                                                                        information on our evaluation.                         approve state choices, provided that
                                                   SIP rules must be enforceable (see                                                                          they meet the criteria of the Clean Air
                                                CAA section 110(a)(2)), must not                        C. EPA Recommendations To Further
                                                                                                        Improve the Rules                                      Act. Accordingly, this action merely
                                                interfere with applicable requirements                                                                         approves state law as meeting federal
                                                concerning attainment and reasonable                      The TSDs describe additional rule                    requirements and does not impose
                                                further progress or other CAA                           revisions that we recommend for the                    additional requirements beyond those
                                                requirements (see CAA section 110(l)),                  next time the local agency modifies the                imposed by state law. For that reason,
                                                and must not modify certain SIP control                 rules but which are not currently the                  this action:
                                                requirements in nonattainment areas                     basis for rule disapproval.                               • Is not a significant regulatory action
                                                without ensuring equivalent or greater                                                                         subject to review by the Office of
                                                                                                        D. Public Comment and Final Action
                                                emissions reductions (see CAA section                                                                          Management and Budget under
                                                193).                                                     As authorized in section 110(k)(3) of
                                                                                                        the Act, the EPA is fully approving the                Executive Orders 12866 (58 FR 51735,
                                                   Generally, SIP rules must require                                                                           October 4, 1993) and 13563 (76 FR 3821,
                                                Reasonably Available Control                            submitted rules because we believe they
                                                                                                        fulfill all relevant requirements. We do               January 21, 2011);
                                                Technology (RACT) for each category of                                                                            • does not impose an information
                                                sources covered by a Control                            not think anyone will object to this
                                                                                                        approval, so we are finalizing it without              collection burden under the provisions
                                                Techniques Guidelines (CTG) document                                                                           of the Paperwork Reduction Act (44
                                                as well as each major source of VOCs in                 proposing it in advance. However, in
                                                                                                        the Proposed Rules section of this issue               U.S.C. 3501 et seq.);
                                                ozone nonattainment areas classified as                                                                           • is certified as not having a
                                                moderate or above (see CAA sections                     of the Federal Register, we are
                                                                                                        simultaneously proposing approval of                   significant economic impact on a
                                                182(b)(2)). The EKAPCD and the                                                                                 substantial number of small entities
                                                YSAQMD regulate ozone areas                             the same submitted rules. If we receive
                                                                                                        adverse comments by July 18, 2016, we                  under the Regulatory Flexibility Act (5
                                                classified as Marginal Nonattainment                                                                           U.S.C. 601 et seq.);
                                                and Severe Nonattainment respectively                   will publish a timely withdrawal in the
                                                                                                        Federal Register to notify the public                     • does not contain any unfunded
                                                for the federal 8-hour 2008 Ozone                                                                              mandate or significantly or uniquely
                                                Standard. 40 CFR 81.305. The TSDs                       that the direct final approval will not
                                                                                                        take effect and we will address the                    affect small governments, as described
                                                have more information about these                                                                              in the Unfunded Mandates Reform Act
                                                requirements as they relate to the                      comments in a subsequent final action
                                                                                                        based on the proposal. If we do not                    of 1995 (Pub. L. 104–4);
                                                submitted rules.                                                                                                  • does not have Federalism
                                                   Guidance and policy documents that                   receive timely adverse comments, the
                                                                                                        direct final approval will be effective                implications as specified in Executive
                                                we used to evaluate enforceability,                                                                            Order 13132 (64 FR 43255, August 10,
                                                revision/relaxation and rule stringency                 without further notice on August 15,
                                                                                                        2016. This will incorporate these rules                1999);
                                                requirements for the applicable criteria                                                                          • is not an economically significant
                                                pollutants include the following:                       into the federally enforceable SIP.
                                                                                                          Please note that if the EPA receives                 regulatory action based on health or
                                                   1. ‘‘State Implementation Plans;                                                                            safety risks subject to Executive Order
                                                                                                        adverse comment on an amendment,
                                                General Preamble for the                                                                                       13045 (62 FR 19885, April 23, 1997);
                                                                                                        paragraph, or section of this rule and if
                                                Implementation of Title I of the Clean                                                                            • is not a significant regulatory action
                                                                                                        that provision may be severed from the
                                                Air Act Amendments of 1990,’’ (57 FR                                                                           subject to Executive Order 13211 (66 FR
                                                                                                        remainder of the rule, the EPA may
                                                13498, April 16, 1992 and 57 FR 18070,                                                                         28355, May 22, 2001);
                                                                                                        adopt as final those provisions of the
                                                April 28, 1992).                                                                                                  • is not subject to requirements of
                                                                                                        rule that are not the subject of an
                                                   2. ‘‘Issues Relating to VOC Regulation               adverse comment.                                       Section 12(d) of the National
                                                Cutpoints, Deficiencies, and Deviations’’                                                                      Technology Transfer and Advancement
                                                (‘‘the Bluebook,’’ U.S. EPA, May 25,                    III. Incorporation by Reference                        Act of 1995 (15 U.S.C. 272 note) because
                                                1988; revised January 11, 1990).                           In this rule, the EPA is finalizing                 application of those requirements would
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                                                   3. ‘‘Guidance Document for Correcting                regulatory text that includes                          be inconsistent with the Clean Air Act;
                                                Common VOC & Other Rule                                 incorporation by reference. In                         and
                                                Deficiencies’’ (‘‘the Little Bluebook’’,                accordance with requirements of 1 CFR                     • does not provide the EPA with the
                                                EPA Region 9, August 21, 2001).                         51.5, the EPA is finalizing the                        discretionary authority to address, as
                                                   4. Control Techniques Guidelines,                    incorporation by reference of the                      appropriate, disproportionate human
                                                ‘‘Control of Volatile Organic Compound                  EKAPCD and YSAQMD rules described                      health or environmental effects, using
                                                Emissions from Wood Furniture                           in the amendments to 40 CFR part 52 set                practicable and legally permissible


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                                                                   Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations                                          39213

                                                methods, under Executive Order 12898                      Dated: May 3, 2016.                                  ACTION:   Notice of decision on petition.
                                                (59 FR 7629, February 16, 1994).                        Jared Blumenfeld,
                                                   In addition, the SIP is not approved                                                                        SUMMARY:   NMFS announces its decision
                                                                                                        Regional Administrator, Region IX.
                                                to apply on any Indian reservation land                                                                        on a petition for rulemaking submitted
                                                or in any other area where the EPA or                     Part 52, chapter I, title 40 of the Code             by the Center for Biological Diversity
                                                an Indian tribe has demonstrated that a                 of Federal Regulations is amended as                   (CBD). In their petition, CBD requested
                                                tribe has jurisdiction. In those areas of               follows:                                               that NMFS implement additional
                                                Indian country, the rule does not have                                                                         domestic regulations to address the
                                                                                                        PART 52—[AMENDED]                                      relative impacts of the U.S. fleet on the
                                                tribal implications and will not impose
                                                substantial direct costs on tribal                                                                             Pacific bluefin tuna (PBF) stock, which
                                                                                                        ■ 1. The authority citation for part 52                is overfished and subject to overfishing.
                                                governments or preempt tribal law as                    continues to read as follows:
                                                specified by Executive Order 13175 (65                                                                         Outside of the scope of their petition for
                                                FR 67249, November 9, 2000).                                Authority: 42 U.S.C. 7401 et seq.                  rulemaking, CBD also requested that
                                                   The Congressional Review Act, 5                                                                             NMFS develop recommendations for
                                                U.S.C. 801 et seq., as added by the Small               Subpart F—California                                   international fishery management
                                                Business Regulatory Enforcement                         ■ 2. Section 52.220 is amended by                      organizations to take actions to end
                                                Fairness Act of 1996, generally provides                adding paragraphs (c)(442)(i)(F)(3),                   overfishing of PBF. In light of public
                                                that before a rule may take effect, the                 (c)(447)(i)(D)(4), and (c)(472) to read as             comments, NMFS is responding to each
                                                agency promulgating the rule must                       follows:                                               element of the petition but referring the
                                                submit a rule report, which includes a                                                                         specific requests for rulemaking under
                                                copy of the rule, to each House of the                  § 52.220    Identification of plan.                    the Magnuson-Stevens Fishery
                                                Congress and to the Comptroller General                 *       *    *    *     *                              Conservation and Management Act
                                                of the United States. The EPA will                         (c) * * *                                           (MSA) to the Pacific Fishery
                                                submit a report containing this action                     (442) * * *                                         Management Council (Pacific Council)
                                                and other required information to the                      (i) * * *                                           for further consideration. The decision
                                                U.S. Senate, the U.S. House of                             (F) * * *                                           was made on June 9, 2016.
                                                Representatives, and the Comptroller                       (3) Previously approved on April 28,                DATES: June 16, 2016.
                                                General of the United States prior to                   2015 in paragraph (442)(i)(F)(1) of this               FOR FURTHER INFORMATION CONTACT:
                                                publication of the rule in the Federal                  section and now deleted with                           Heidi Taylor, NMFS, 562–980–4039.
                                                Register. A major rule cannot take effect               replacement in (472)(i)(A)(1), Rule 1.1,               SUPPLEMENTARY INFORMATION: NMFS
                                                until 60 days after it is published in the              ‘‘General Provisions and Definitions,’’                received a letter from CBD, an
                                                Federal Register. This action is not a                  revised on May 8, 2013.                                environmental non-governmental
                                                ‘‘major rule’’ as defined by 5 U.S.C.                   *       *    *    *     *                              organization, on April 9, 2014. In the
                                                804(2).                                                    (447) * * *                                         letter, CBD asserted that PBF (Thunnus
                                                   Under section 307(b)(1) of the Clean                    (i) * * *                                           orientalis) are not adequately protected
                                                Air Act, petitions for judicial review of                                                                      under the Fishery Management Plan for
                                                                                                           (D) * * *
                                                this action must be filed in the United                                                                        U.S. West Coast Fisheries for Highly
                                                                                                           (4) Rule 410.9, ‘‘Wood Products
                                                States Court of Appeals for the                                                                                Migratory Species (HMS FMP) and that
                                                                                                        Surface Coating Operations,’’ adopted
                                                appropriate circuit by August 15, 2016.                                                                        the Pacific Council failed to meet its
                                                                                                        on March 13, 2014.
                                                Filing a petition for reconsideration by                                                                       statutory duty to develop
                                                the Administrator of this final rule does               *       *    *    *     *
                                                                                                                                                               recommendations for domestic
                                                not affect the finality of this action for                 (472) New and amended regulations
                                                                                                                                                               regulations in response to NMFS’
                                                the purposes of judicial review nor does                were submitted on November 13, 2015,
                                                                                                                                                               determination that the PBF stock is
                                                it extend the time within which a                       by the Governor’s designee.
                                                                                                                                                               overfished and subject to overfishing (78
                                                petition for judicial review may be filed,                 (i) Incorporation by reference.
                                                                                                                                                               FR 41033, July 9, 2013). Specifically,
                                                and shall not postpone the effectiveness                   (A) Yolo-Solano Air Quality
                                                                                                                                                               CBD petitioned NMFS to amend the
                                                of such rule or action. Parties with                    Management District.
                                                                                                                                                               HMS FMP or initiate a rulemaking
                                                objections to this direct final rule are                   (1) Rule 1.1, General Provisions and
                                                                                                                                                               under the authority of the MSA, 16
                                                encouraged to file a comment in                         Definitions, revised July 8, 2015.
                                                                                                                                                               U.S.C. 1801 et seq., to include PBF as
                                                response to the parallel notice of                      [FR Doc. 2016–14098 Filed 6–15–16; 8:45 am]            a prohibited species until the stock is
                                                proposed rulemaking for this action                     BILLING CODE 6560–50–P                                 rebuilt, thereby placing a moratorium on
                                                published in the Proposed Rules section                                                                        retention of PBF by U.S. fishing vessels.
                                                of today’s Federal Register, rather than                                                                       As an alternative, CBD proposed that
                                                file an immediate petition for judicial                 DEPARTMENT OF COMMERCE                                 NMFS establish annual catch limits and
                                                review of this direct final rule, so that                                                                      a permanent minimum size requirement
                                                the EPA can withdraw this direct final                  National Oceanic and Atmospheric                       to protect PBF of age classes 1 and 2 and
                                                rule and address the comment in the                     Administration                                         that NMFS amend the HMS FMP to
                                                proposed rulemaking. This action may                                                                           establish specific reference points for
                                                not be challenged later in proceedings to               50 CFR Part 660                                        PBF to guide science-based management
                                                enforce its requirements (see section                   RIN 0648–XD344                                         of the stock. Outside of the scope of the
                                                307(b)(2)).                                                                                                    petition for rulemaking, CBD requested
                                                                                                        Pacific Bluefin Tuna in the Eastern                    that NMFS develop recommendations to
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                                                List of Subjects in 40 CFR Part 52
                                                                                                        Pacific Ocean; Response to Petition                    the Secretary of State and Congress to
                                                  Environmental protection, Air                         for Rulemaking                                         end PBF overfishing at the international
                                                pollution control, Incorporation by                                                                            level.
                                                reference, Intergovernmental relations,                 AGENCY:  National Marine Fisheries
                                                Ozone, Particulate matter, Reporting                    Service (NMFS), National Oceanic and                   Public Input on the Petition
                                                and recordkeeping requirements,                         Atmospheric Administration (NOAA),                       NMFS published a Federal Register
                                                Volatile organic compounds.                             Commerce.                                              document on July 24, 2014 (79 FR


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Document Created: 2016-06-16 00:37:18
Document Modified: 2016-06-16 00:37:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on August 15, 2016 without further notice, unless the EPA receives adverse comments by July 18, 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 Citation81 FR 39211 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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