81 FR 48346 - Limited Approval, Limited Disapproval of California Air Plan Revisions, Eastern Kern Air Pollution Control District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 142 (July 25, 2016)
Federal Register Volume 81, Issue 142 (July 25, 2016)
| Page Range | 48346-48348 | |
| FR Document | 2016-17192 |
[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)] [Rules and Regulations] [Pages 48346-48348] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-17192] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2016-0105; FRL-9947-69-Region 9] Limited Approval, Limited Disapproval of California Air Plan Revisions, Eastern Kern Air Pollution Control District AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is finalizing a limited approval and limited disapproval of revisions to the Eastern Kern Air Pollution Control District (EKAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compounds (VOC) emitted from motor vehicle and mobile equipment refinishing operations. Under the authority of the Clean Air Act (CAA or the Act), this action simultaneously approves a local rule that regulates these emission sources and directs California to correct rule deficiencies. DATES: This rule will be effective on August 24, 2016. ADDRESSES: EPA has established docket number EPA-R09-OAR-2016-0105 for this action. Generally, documents in the docket for this action are available electronically at http://www.regulations.gov or in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105- 3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps, multi- volume reports), and some may not be available in either location (e.g., confidential business information (CBI)). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Arnold Lazarus, EPA Region IX, (415) 972-3024, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA. Table of Contents I. Proposed Action II. Public Comments and EPA Responses III. EPA Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act (PRA) C. Regulatory Flexibility Act (RFA) D. Unfunded Mandates Reform Act (UMRA) E. Executive Order 13132: Federalism F. Executive Order 13175: Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act (NTTAA) J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Population I. Proposed Action On April 15, 2016 (81 FR 22204), the EPA proposed a limited approval and limited disapproval of the following rule that was submitted for incorporation into the California SIP. Table 1--Submitted Rule ---------------------------------------------------------------------------------------------------------------- Local agency Rule No. Rule title Amended Submitted ---------------------------------------------------------------------------------------------------------------- EKAPCD............................ 410.4A Motor Vehicle and Mobile 03/13/14 07/25/14 Equipment Refinishing Operations. ---------------------------------------------------------------------------------------------------------------- We proposed a limited approval because we determined that this rule improves the SIP and is largely consistent with the relevant CAA requirements. We simultaneously proposed a limited disapproval because some rule provisions conflict with section 110 and part D of the Act. These provisions include the following:Paragraph VI(A), ``VOC Content Limits,'' provides VOC limits for cavity wax, deadener, gasket/gasket sealing material, lubricating wax/compounds and trunk interior coatings. However, in conflict with long-standing guidance on enforceability such as discussed in the Bluebook, these terms are not defined in the rule.\1\ --------------------------------------------------------------------------- \1\ See ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,'' (a.k.a., Bluebook) EPA OAQPS, May 25, 1988. P2-7. --------------------------------------------------------------------------- Our proposed action contains more information on the basis for this rulemaking and on our evaluation of the submittal. II. Public Comments and EPA Responses The EPA's proposed action provided a 30-day public comment period. During this period we received no comments. III. EPA Action No comments were submitted that change our assessment of the rule as described in our proposed action. Therefore, as authorized in sections 110(k)(3) and 301(a) of the Act, the EPA is finalizing a limited approval of the submitted rule. This action incorporates the submitted rule into the California SIP, including those provisions identified as deficient. As authorized under section 110(k)(3) and 301(a), the EPA is simultaneously finalizing a limited disapproval of the rule. This final limited disapproval does not trigger sanctions or a federal implementation plan (FIP) clock. Sanctions will not be imposed under CAA 179(b) because the submittal of Rule 410.4A is discretionary (i.e., not required to be included in the SIP), and EPA will not promulgate a FIP in this instance under CAA 110(c)(1) because the disapproval does not reveal a deficiency in the SIP for the area that such a FIP must correct. Specifically, there is no EPA control techniques guidelines (CTG) for Motor Vehicle and Mobile Equipment Refinishing Operations and, according to CARB's Facility Search Engine, there are no facilities that emit VOC in the EKAPCD for this category for the most recent [[Page 48347]] database year of 2013. Accordingly, the failure of the EKAPCD to adopt revisions to Rule 410.4A would not adversely affect the SIP's compliance with the CAA's requirements, such as the requirements for section 182 ozone reasonably available control technology (RACT), reasonable further progress, and attainment demonstrations. Note that the submitted rule has been adopted by the EKAPCD and the EPA's final limited disapproval does not prevent the local agency from enforcing it. The limited disapproval also does not prevent any portion of the rule from being incorporated by reference into the federally enforceable SIP as discussed in a July 9, 1992 EPA memo found at: http://www.epa.gov/nsr/ttnnsr01/gen/pdf/memo-s.pdf. IV. 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 rule described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents available electronically through www.regulations.gov and in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). V. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review. B. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the PRA because this action does not impose additional requirements beyond those imposed by state law. C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities beyond those imposed by state law. D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. This action does not impose additional requirements beyond those imposed by state law. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, will result from this action. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175, because 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, and will not impose substantial direct costs on tribal governments or preempt tribal law. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ``covered regulatory action'' in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not impose additional requirements beyond those imposed by state law. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) Section 12(d) of the NTTAA directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. The EPA believes that this action is not subject to the requirements of section 12(d) of the NTTAA because application of those requirements would be inconsistent with the CAA. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Population The EPA lacks the discretionary authority to address environmental justice in this rulemaking. K. Congressional Review Act (CRA) This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). L. Petitions for Judicial Review Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 23, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule 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. 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: June 3, 2016. Alexis Strauss, Acting Regional Administrator, Region IX. Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for Part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. [[Page 48348]] Subpart F--California 0 2. Section 52.220 is amended by adding paragraphs (c)(231)(i)(B) (9) and (c)(447)(i)(D)(5) to read as follows: Sec. 52.220 Identification of plan. * * * * * (c) * * * (231) * * * (i) * * * (B) * * * (9) Previously approved on November 13, 1998 in paragraph (c)(231)(i)(B)(4) and now deleted with replacement in (c)(447)(i)(D)(5) Rule 410.4A amended on March 7, 1996. * * * * * (447) * * * (i) * * * (D) * * * (5) Rule 410.4A, ``Motor Vehicle and Mobile Equipment Refinishing Operations,'' amended on March 13, 2014. * * * * * [FR Doc. 2016-17192 Filed 7-22-16; 8:45 am] BILLING CODE 6560-50-P
![48346 Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations
(PDF). To use PDF you must have Pollution Control District (EKAPCD) SUPPLEMENTARY INFORMATION:
Adobe Acrobat Reader, which is portion of the California State Throughout this document, ‘‘we,’’ ‘‘us’’
available free at the site. Implementation Plan (SIP). These and ‘‘our’’ refer to the EPA.
You may also access documents of the revisions concern volatile organic
Department published in the Federal Table of Contents
compounds (VOC) emitted from motor
Register by using the article search vehicle and mobile equipment I. Proposed Action
feature at: www.federalregister.gov. refinishing operations. Under the II. Public Comments and EPA Responses
Specifically, through the advanced authority of the Clean Air Act (CAA or III. EPA Action
search feature at this site, you can limit the Act), this action simultaneously IV. Incorporation by Reference
your search to documents published by approves a local rule that regulates these V. Statutory and Executive Order Reviews
the Department. emission sources and directs California A. Executive Order 12866: Regulatory
to correct rule deficiencies. Planning and Review and Executive
Dated: July 19, 2016.
Order 13563: Improving Regulation and
Sue Swenson, DATES: This rule will be effective on Regulatory Review
Acting Assistant Secretary for Special August 24, 2016. B. Paperwork Reduction Act (PRA)
Education and Rehabilitative Services. ADDRESSES: EPA has established docket C. Regulatory Flexibility Act (RFA)
[FR Doc. 2016–17404 Filed 7–22–16; 8:45 am] number EPA–R09–OAR–2016–0105 for D. Unfunded Mandates Reform Act
BILLING CODE 4000–01–P this action. Generally, documents in the (UMRA)
docket for this action are available E. Executive Order 13132: Federalism
electronically at http:// F. Executive Order 13175: Coordination
ENVIRONMENTAL PROTECTION www.regulations.gov or in hard copy at With Indian Tribal Governments
AGENCY EPA Region IX, 75 Hawthorne Street, G. Executive Order 13045: Protection of
San Francisco, California 94105–3901. Children From Environmental Health
40 CFR Part 52 Risks and Safety Risks
While all documents in the docket are
H. Executive Order 13211: Actions That
[EPA–R09–OAR–2016–0105; FRL–9947–69– listed at http://www.regulations.gov, Significantly Affect Energy Supply,
Region 9] some information may be publicly Distribution, or Use
available only at the hard copy location I. National Technology Transfer and
Limited Approval, Limited Disapproval (e.g., copyrighted material, large maps, Advancement Act (NTTAA)
of California Air Plan Revisions, multi-volume reports), and some may J. Executive Order 12898: Federal Actions
Eastern Kern Air Pollution Control not be available in either location (e.g., To Address Environmental Justice in
District confidential business information Minority Populations and Low-Income
(CBI)). To inspect the hard copy Population
AGENCY: Environmental Protection
Agency (EPA). materials, please schedule an
I. Proposed Action
appointment during normal business
ACTION: Final rule.
hours with the contact listed in the FOR On April 15, 2016 (81 FR 22204), the
SUMMARY: The Environmental Protection FURTHER INFORMATION CONTACT section. EPA proposed a limited approval and
Agency (EPA) is finalizing a limited FOR FURTHER INFORMATION CONTACT: limited disapproval of the following
approval and limited disapproval of Arnold Lazarus, EPA Region IX, (415) rule that was submitted for
revisions to the Eastern Kern Air 972–3024, lazarus.arnold@epa.gov. incorporation into the California SIP.
TABLE 1—SUBMITTED RULE
Local agency Rule No. Rule title Amended Submitted
EKAPCD ................................. 410.4A Motor Vehicle and Mobile Equipment Refinishing Operations 03/13/14 07/25/14
We proposed a limited approval Our proposed action contains more under section 110(k)(3) and 301(a), the
because we determined that this rule information on the basis for this EPA is simultaneously finalizing a
improves the SIP and is largely rulemaking and on our evaluation of the limited disapproval of the rule.
consistent with the relevant CAA submittal. This final limited disapproval does
requirements. We simultaneously not trigger sanctions or a federal
II. Public Comments and EPA
proposed a limited disapproval because implementation plan (FIP) clock.
Responses
some rule provisions conflict with Sanctions will not be imposed under
section 110 and part D of the Act. These The EPA’s proposed action provided CAA 179(b) because the submittal of
provisions include the following: a 30-day public comment period. During Rule 410.4A is discretionary (i.e., not
• Paragraph VI(A), ‘‘VOC Content this period we received no comments. required to be included in the SIP), and
Limits,’’ provides VOC limits for cavity EPA will not promulgate a FIP in this
III. EPA Action
wax, deadener, gasket/gasket sealing instance under CAA 110(c)(1) because
material, lubricating wax/compounds No comments were submitted that the disapproval does not reveal a
and trunk interior coatings. However, in change our assessment of the rule as deficiency in the SIP for the area that
asabaliauskas on DSK3SPTVN1PROD with RULES
conflict with long-standing guidance on described in our proposed action. such a FIP must correct. Specifically,
enforceability such as discussed in the Therefore, as authorized in sections there is no EPA control techniques
Bluebook, these terms are not defined in 110(k)(3) and 301(a) of the Act, the EPA guidelines (CTG) for Motor Vehicle and
the rule.1 is finalizing a limited approval of the Mobile Equipment Refinishing
submitted rule. This action incorporates Operations and, according to CARB’s
1 See ‘‘Issues Relating to VOC Regulation the submitted rule into the California Facility Search Engine, there are no
Cutpoints, Deficiencies, and Deviations,’’ (a.k.a., SIP, including those provisions facilities that emit VOC in the EKAPCD
Bluebook) EPA OAQPS, May 25, 1988. P2–7. identified as deficient. As authorized for this category for the most recent
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![48348 Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations
Subpart F—California out the purposes of the section 307(d)’s CAA prohibits emissions of any air
notice-and-comment rulemaking pollutant in amounts which will
■ 2. Section 52.220 is amended by requirements. By this action, the EPA is contribute significantly to
adding paragraphs (c)(231)(i)(B) (9) and making that determination. The EPA is nonattainment in, or interfere with
(c)(447)(i)(D)(5) to read as follows: therefore extending the deadline for maintenance by, any other state with
acting on the petition to no later than respect to any NAAQS. The petition
§ 52.220 Identification of plan.
January 25, 2017. asserts that emissions from Brunner
* * * * * Island’s three major boiler units are
DATES: This final rule is effective on July
(c) * * * linked to downwind nonattainment and
25, 2016.
(231) * * * maintenance ozone receptor sites in
(i) * * * ADDRESSES: The EPA has established a
docket for this action under Docket ID Connecticut for the 2008 ozone NAAQS
(B) * * * and that this impact would be mitigated
(9) Previously approved on November No. EPA–HQ–OAR–2016–0347. All
documents in the docket are listed on by regulation of nitrogen oxide
13, 1998 in paragraph (c)(231)(i)(B)(4) emissions at the plant or shutting down
and now deleted with replacement in the http://www.regulations.gov Web
the plant.
(c)(447)(i)(D)(5) Rule 410.4A amended site. Although listed in the index, some
Pursuant to CAA section 126(b), the
on March 7, 1996. information is not publicly available,
EPA must make the finding requested in
e.g., Confidential Business Information the petition, or must deny the petition,
* * * * *
or other information whose disclosure is within 60 days of its receipt. Under
(447) * * *
(i) * * * restricted by statute. Certain other CAA section 126(c), any existing
(D) * * * material, such as copyrighted material, sources for which the EPA makes the
(5) Rule 410.4A, ‘‘Motor Vehicle and is not placed on the Internet and will be requested finding must cease operations
Mobile Equipment Refinishing publicly available only in hard copy within 3 months of the finding, except
Operations,’’ amended on March 13, form. Publicly available docket that the source may continue to operate
2014. materials are available electronically if it complies with emission limitations
through http://www.regulations.gov. and compliance schedules (containing
* * * * *
[FR Doc. 2016–17192 Filed 7–22–16; 8:45 am]
FOR FURTHER INFORMATION CONTACT: Ms. increments of progress) that the EPA
Gobeail McKinley, Office of Air Quality may provide to bring about compliance
BILLING CODE 6560–50–P
Planning and Standards (C504–04), U.S. with the applicable requirements as
EPA, Research Triangle Park, North expeditiously as practical but no later
ENVIRONMENTAL PROTECTION Carolina 27709, telephone number (919) than 3 years from the date of the
AGENCY 541–5246, email: finding.
mckinley.gobeail@epa.gov. CAA section 126(b) further provides
40 CFR Part 52 SUPPLEMENTARY INFORMATION: that the EPA must hold a public hearing
on the petition. The EPA’s action under
[EPA–HQ–OAR–2016–0347; FRL–9949–42– I. Background and Legal Requirements
OAR] section 126 is also subject to the
for Interstate Air Pollution procedural requirements of CAA section
Extension of Deadline for Action on This is a procedural action to extend 307(d). See CAA section 307(d)(1)(N).
the Section 126 Petition From the deadline for the EPA to respond to One of these requirements is notice-and-
Connecticut a petition from the state of Connecticut comment rulemaking, under section
filed pursuant to CAA section 126(b). 307(d)(3)–(6).
AGENCY: Environmental Protection The EPA received the petition on June In addition, CAA section 307(d)(10)
Agency (EPA). 1, 2016. The petition requests that the provides for a time extension, under
ACTION: Final rule. EPA make a finding under section certain circumstances, for a rulemaking
126(b) of the CAA that the Brunner subject to CAA section 307(d).
SUMMARY: In this action, the Specifically, CAA section 307(d)(10)
Island Steam Electric Station located in
Environmental Protection Agency (EPA) provides:
York County, Pennsylvania is operating
is determining that 60 days is
in a manner that emits air pollutants in Each statutory deadline for promulgation
insufficient time to complete the of rules to which this subsection applies
violation of the provisions of section
technical and other analyses and public which requires promulgation less than six
110(a)(2)(D)(i)(I) of the CAA with
notice-and-comment process required months after date of proposal may be
respect to the 2008 ozone NAAQS.
for our review of a petition submitted by Section 126(b) of the CAA authorizes extended to not more than six months after
the state of Connecticut pursuant to date of proposal by the Administrator upon
states to petition the EPA to find that a a determination that such extension is
section 126 of the Clean Air Act (CAA). major source or group of stationary
The petition requests that the EPA make necessary to afford the public, and the
sources in upwind states emits or would agency, adequate opportunity to carry out the
a finding that the Brunner Island Steam emit any air pollutant in violation of the purposes of the subsection.
Electric Station located in York County, prohibition of CAA section
Pennsylvania, emits air pollution that CAA section 307(d)(10) may be
110(a)(2)(D)(i) 1 by contributing applied to section 126 rulemakings
significantly contributes to
significantly to nonattainment or because the 60-day time limit under
nonattainment and interferes with
maintenance problems in downwind CAA section 126(b) necessarily limits
maintenance of the 2008 ozone national
states. Section 110(a)(2)(D)(i)(I) of the
asabaliauskas on DSK3SPTVN1PROD with RULES
ambient air quality standards (NAAQS) the period for promulgation of a final
in Connecticut. Under section rule after proposal to less than 6
1 The text of CAA section 126 codified in the
307(d)(10) of CAA, the EPA is months.
United States Code cross references CAA section
authorized to grant a time extension for 110(a)(2)(D)(ii) instead of CAA section II. Final Rule
responding to the petition if the EPA 110(a)(2)(D)(i). The courts have confirmed that this
determines that the extension is is a scrivener’s error and the correct cross reference A. Rule
is to CAA section 110(a)(2)(D)(i). See Appalachian
necessary to afford the public, and the Power Co. v. EPA, 249 F.3d 1032, 1040–44 (D.C. Cir. In accordance with CAA section
agency, adequate opportunity to carry 2001). 307(d)(10), the EPA is determining that
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Document Created: 2016-07-23 02:00:14
Document Modified: 2016-07-23 02:00:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will be effective on August 24, 2016. | |
| Contact | Arnold Lazarus, EPA Region IX, (415) 972-3024, [email protected] | |
| FR Citation | 81 FR 48346 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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