81_FR_68512 81 FR 68320 - Approval of California Air Plan Revisions, Sacramento Metropolitan Air Quality Management District and San Diego County Air Pollution Control District

81 FR 68320 - Approval of California Air Plan Revisions, Sacramento Metropolitan Air Quality Management District and San Diego County Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 192 (October 4, 2016)

Page Range68320-68322
FR Document2016-23837

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Sacramento Metropolitan Air Quality Management District (SMAQMD) and the San Diego County Air Pollution Control District (SDCAPCD) portions of the California State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOCs) from architectural coatings. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).

Federal Register, Volume 81 Issue 192 (Tuesday, October 4, 2016)
[Federal Register Volume 81, Number 192 (Tuesday, October 4, 2016)]
[Rules and Regulations]
[Pages 68320-68322]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23837]



[[Page 68320]]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0291; FRL-9952-13-Region 9]


Approval of California Air Plan Revisions, Sacramento 
Metropolitan Air Quality Management District and San Diego County 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 Sacramento Metropolitan Air 
Quality Management District (SMAQMD) and the San Diego County Air 
Pollution Control District (SDCAPCD) portions of the California State 
Implementation Plan (SIP). These revisions concern emissions of 
volatile organic compounds (VOCs) from architectural coatings. 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 December 5, 2016 without further 
notice, unless the EPA receives adverse comments by November 3, 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-2016-0291 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 rules and rule 
rescission?
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/        Repealed/
         Local agency             Rule number      Rule title         amended        rescinded       Submitted
----------------------------------------------------------------------------------------------------------------
SDCAPCD.......................            67.0  Architectural           12/12/01         6/24/15        11/13/15
                                                 Coatings.
SDCAPCD.......................          67.0.1  Architectural            6/24/15  ..............        11/13/15
                                                 Coatings.
SMAQMD........................             442  Architectural            9/24/15  ..............         3/11/16
                                                 Coatings.
----------------------------------------------------------------------------------------------------------------

    On April 19, 2016, the EPA determined that the submittal for SMAQMD 
Rule 442 met the completeness criteria in 40 CFR part 51, appendix V, 
which must be met before formal EPA review. On January 19, 2016, the 
EPA determined that the submittals for SDCAPCD Rules 67.0 and 67.0.1 
met the completeness criteria.

B. Are there other versions of these rules?

    There are no previous versions of Rule 67.0.1 in the SIP. We 
approved earlier versions of Rule 442 into the SIP on November 9, 1998 
(63 FR 60214) and Rule 67.0 on June 20, 2013 (78 FR 37130).

C. What is the purpose of the submitted rules and rule rescission?

    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. Architectural coatings are applied to stationary structures 
and their accessories. They include house paints, stains, industrial 
maintenance coatings, traffic coatings, and many other products. VOCs 
are emitted from the coatings during application and curing, and from 
the associated solvents used for thinning and clean-up. SMAQMD Rule 442 
controls VOC emissions from architectural coatings by establishing VOC 
limits on any architectural coating supplied, sold, offered for sale or 
manufactured for use within the SMAQMD. Rule 442 was revised to align 
SMAQMD's architectural coatings practices and VOC limits with those 
contained in CARB's ``2007 Suggested Control Measures for Architectural 
Coatings'' (SCM),\1\ which are more stringent and make use of newer 
coating categories than the previous version of Rule 442.
---------------------------------------------------------------------------

    \1\ http://www.arb.ca.gov/coatings/arch/docs.htm.
---------------------------------------------------------------------------

    Similarly, SDCAPCD Rule 67.0.1 was adopted to align SDCAPCD's 
architectural coatings practices and VOC limits with those contained in 
CARB's SCM. Rule 67.0.1 replaces SDCAPCD Rule 67.0, which was 
rescinded. SDCAPCD elected to make these changes in a new rule, rather 
than in revisions to Rule 67.0, ``due to the large number of revisions 
to existing Rule 67.0 that would be necessary to reflect the 2007 
SCM.'' \2\
---------------------------------------------------------------------------

    \2\ Letter from Robert J. Kard, Air Pollution Control Officer of 
the SDCAPCD to the San Diego Air Pollution Control Board, June 24, 
2015, p3.

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

[[Page 68321]]

    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 stationary 
source of VOCs in ozone nonattainment areas classified as moderate or 
above (see CAA sections 182(b)(2)). The SMAQMD has been designated as 
severe nonattainment for the 2008 8-hour ozone National Ambient Air 
Quality Standard (NAAQS). The SDCAPCD regulates an ozone nonattainment 
area classified as moderate for the 2008 8-Hour Ozone NAAQS (40 CFR 
81.305). As addressed further in the TSDs, because there are no 
relevant EPA CTG documents and because architectural coatings are 
considered area sources, architectural coating sources are not subject 
to RACT requirements. However, architectural coating sources are 
subject to other VOC content limits and control measures described in 
the TSDs.
    Guidance and policy documents that we use to evaluate 
enforceability, SIP 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. ``Suggested Control Measure for Architectural Coatings,'' CARB, 
October 2007.
    5. Code of Federal Regulations (CFR), title 40, part 59, subpart 
D--National Volatile Organic Compound Emission Standards for 
Architectural Coatings (40 CFR 59.400 et seq.).

B. Do the rules meet the evaluation criteria?

    We believe these rules and rule rescission 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

    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 and rule rescission 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 and rule rescission. If we receive adverse comments by 
November 3, 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 December 5, 2016. This will incorporate these rules and this 
rule rescission 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 
SMAQMD and SDCAPCD 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 through www.regulations.gov and at the EPA Region 
IX Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT 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 (Public Law 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

[[Page 68322]]

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 December 5, 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 this 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, Particulate matter, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: August 24, 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.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(255)(i)(A)(7), 
(c)(354)(i)(F)(4), (c)(472)(i)(C), and (c)(474)(i)(B) to read as 
follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (255) * * *
    (i) * * *
    (A) * * *
    (7) Previously approved on November 9, 1998, in paragraph 
(c)(255)(i)(A)(2) of this section and now deleted with replacement in 
paragraph (c)(474)(i)(B)(1) of this section, Rule 442, adopted on 
September 5, 1996.
* * * * *
    (354) * * *
    (i) * * *
    (F) * * *
    (4) Previously approved on June 20, 2013, in paragraph 
(c)(354)(i)(F)(3) of this section and now deleted without replacement, 
Rule 67.0, ``Architectural Coatings,'' adopted on December 12, 2001.
* * * * *
    (472) * * *
    (i) * * *
    (C) San Diego Air Pollution Control District.
    (1) Rule 67.0.1, ``Architectural Coatings,'' adopted on June 24, 
2015.
* * * * *
    (474) * * *
    (i) * * *
    (B) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 442, ``Architectural Coatings,'' amended on September 24, 
2015.
* * * * *
[FR Doc. 2016-23837 Filed 10-3-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                  68320                Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Rules and Regulations

                                                  ENVIRONMENTAL PROTECTION                                     receive such comments, we will publish                   information about CBI or multimedia
                                                  AGENCY                                                       a timely withdrawal in the Federal                       submissions, and general guidance on
                                                                                                               Register to notify the public that this                  making effective comments, please visit
                                                  40 CFR Part 52                                               direct final rule will not take effect.                  http://www2.epa.gov/dockets/
                                                  [EPA–R09–OAR–2016–0291; FRL–9952–13–                         ADDRESSES:   Submit your comments,                       commenting-epa-dockets.
                                                  Region 9]                                                    identified by Docket ID No. EPA–R09–                     FOR FURTHER INFORMATION CONTACT:
                                                                                                               OAR–2016–0291 at http://                                 Arnold Lazarus, EPA Region IX, (415)
                                                  Approval of California Air Plan                              www.regulations.gov, or via email to
                                                  Revisions, Sacramento Metropolitan                                                                                    972–3024, lazarus.arnold@epa.gov.
                                                                                                               Steckel.Andrew@epa.gov. For comments
                                                  Air Quality Management District and                          submitted at Regulations.gov, follow the                 SUPPLEMENTARY INFORMATION:
                                                  San Diego County Air Pollution Control                       online instructions for submitting                       Throughout this document, ‘‘we,’’ ‘‘us,’’
                                                  District                                                     comments. Once submitted, comments                       and ‘‘our’’ refer to the EPA.
                                                  AGENCY: Environmental Protection                             cannot be edited or removed from                         Table of Contents
                                                  Agency (EPA).                                                Regulations.gov. For either manner of
                                                                                                                                                                        I. The State’s Submittal
                                                  ACTION: Direct final rule.                                   submission, the EPA may publish any
                                                                                                                                                                           A. What rules did the State submit?
                                                                                                               comment received to its public docket.                      B. Are there other versions of these rules?
                                                  SUMMARY:   The Environmental Protection                      Do not submit electronically any                            C. What is the purpose of the submitted
                                                  Agency (EPA) is taking direct final                          information you consider to be                                 rules and rule rescission?
                                                  action to approve revisions to the                           Confidential Business Information (CBI)                  II. The EPA’s Evaluation and Action
                                                  Sacramento Metropolitan Air Quality                          or other information whose disclosure is                    A. How is the EPA evaluating the rules?
                                                  Management District (SMAQMD) and                             restricted by statute. Multimedia                           B. Do the rules meet the evaluation
                                                  the San Diego County Air Pollution                           submissions (audio, video, etc.) must be                       criteria?
                                                  Control District (SDCAPCD) portions of                       accompanied by a written comment.                           C. EPA recommendations to further
                                                  the California State Implementation                                                                                         improve the rules
                                                                                                               The written comment is considered the
                                                  Plan (SIP). These revisions concern                                                                                      D. Public comment and final action
                                                                                                               official comment and should include                      III. Incorporation by Reference
                                                  emissions of volatile organic                                discussion of all points you wish to                     IV. Statutory and Executive Order Reviews
                                                  compounds (VOCs) from architectural                          make. The EPA will generally not
                                                  coatings. We are approving local rules                       consider comments or comment                             I. The State’s Submittal
                                                  that regulate these emission sources                         contents located outside of the primary
                                                  under the Clean Air Act (CAA or the                                                                                   A. What rules did the State submit?
                                                                                                               submission (i.e. on the web, cloud, or
                                                  Act).                                                        other file sharing system). For                            Table 1 lists the rules addressed by
                                                  DATES: This rule is effective on                             additional submission methods, please                    this action with the dates that they were
                                                  December 5, 2016 without further                             contact the person identified in the FOR                 adopted by the local air agencies and
                                                  notice, unless the EPA receives adverse                      FURTHER INFORMATION CONTACT section.                     submitted by the California Air
                                                  comments by November 3, 2016. If we                          For the full EPA public comment policy,                  Resources Board (CARB).

                                                                                                                       TABLE 1—SUBMITTED RULES
                                                                                                                                                                        Adopted/            Repealed/
                                                                 Local agency                         Rule number                        Rule title                                                                 Submitted
                                                                                                                                                                        amended             rescinded

                                                  SDCAPCD .........................................            67.0     Architectural Coatings ......................       12/12/01                 6/24/15           11/13/15
                                                  SDCAPCD .........................................           67.0.1    Architectural Coatings ......................        6/24/15     ........................      11/13/15
                                                  SMAQMD ..........................................             442     Architectural Coatings ......................        9/24/15     ........................       3/11/16



                                                    On April 19, 2016, the EPA                                 (PM), which harm human health and                        Control Measures for Architectural
                                                  determined that the submittal for                            the environment. Section 110(a) of the                   Coatings’’ (SCM),1 which are more
                                                  SMAQMD Rule 442 met the                                      CAA requires states to submit                            stringent and make use of newer coating
                                                  completeness criteria in 40 CFR part 51,                     regulations that control VOC emissions.                  categories than the previous version of
                                                  appendix V, which must be met before                         Architectural coatings are applied to                    Rule 442.
                                                  formal EPA review. On January 19,                            stationary structures and their                             Similarly, SDCAPCD Rule 67.0.1 was
                                                  2016, the EPA determined that the                            accessories. They include house paints,
                                                  submittals for SDCAPCD Rules 67.0 and                                                                                 adopted to align SDCAPCD’s
                                                                                                               stains, industrial maintenance coatings,                 architectural coatings practices and
                                                  67.0.1 met the completeness criteria.                        traffic coatings, and many other                         VOC limits with those contained in
                                                  B. Are there other versions of these                         products. VOCs are emitted from the                      CARB’s SCM. Rule 67.0.1 replaces
                                                  rules?                                                       coatings during application and curing,                  SDCAPCD Rule 67.0, which was
                                                    There are no previous versions of                          and from the associated solvents used                    rescinded. SDCAPCD elected to make
                                                  Rule 67.0.1 in the SIP. We approved                          for thinning and clean-up. SMAQMD                        these changes in a new rule, rather than
                                                  earlier versions of Rule 442 into the SIP                    Rule 442 controls VOC emissions from
                                                                                                                                                                        in revisions to Rule 67.0, ‘‘due to the
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  on November 9, 1998 (63 FR 60214) and                        architectural coatings by establishing
                                                                                                                                                                        large number of revisions to existing
                                                  Rule 67.0 on June 20, 2013 (78 FR                            VOC limits on any architectural coating
                                                                                                                                                                        Rule 67.0 that would be necessary to
                                                  37130).                                                      supplied, sold, offered for sale or
                                                                                                                                                                        reflect the 2007 SCM.’’ 2
                                                                                                               manufactured for use within the
                                                  C. What is the purpose of the submitted                      SMAQMD. Rule 442 was revised to                            1 http://www.arb.ca.gov/coatings/arch/docs.htm.
                                                  rules and rule rescission?                                   align SMAQMD’s architectural coatings                      2 Letter from Robert J. Kard, Air Pollution Control
                                                    VOCs help produce ground-level                             practices and VOC limits with those                      Officer of the SDCAPCD to the San Diego Air
                                                  ozone, smog and particulate matter                           contained in CARB’s ‘‘2007 Suggested                     Pollution Control Board, June 24, 2015, p3.



                                             VerDate Sep<11>2014      17:56 Oct 03, 2016     Jkt 241001   PO 00000   Frm 00028   Fmt 4700    Sfmt 4700   E:\FR\FM\04OCR1.SGM    04OCR1


                                                                    Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Rules and Regulations                                         68321

                                                    The EPA’s technical support                           Standards for Architectural Coatings (40              person identified in the FOR FURTHER
                                                  documents (TSDs) have more                              CFR 59.400 et seq.).                                  INFORMATION CONTACT    section of this
                                                  information about these rules.                                                                                preamble for more information).
                                                                                                          B. Do the rules meet the evaluation
                                                  II. The EPA’s Evaluation and Action                     criteria?                                             IV. Statutory and Executive Order
                                                                                                            We believe these rules and rule                     Reviews
                                                  A. How is the EPA evaluating the rules?
                                                                                                          rescission are consistent with the                       Under the Clean Air Act, the
                                                     SIP rules must be enforceable (see                   relevant policy and guidance regarding                Administrator is required to approve a
                                                  CAA section 110(a)(2)), must not                        enforceability, RACT and SIP                          SIP submission that complies with the
                                                  interfere with applicable requirements                  relaxations. The TSDs have more                       provisions of the Act and applicable
                                                  concerning attainment and reasonable                    information on our evaluation.                        federal regulations. 42 U.S.C. 7410(k);
                                                  further progress or other CAA
                                                                                                                                                                40 CFR 52.02(a). Thus, in reviewing SIP
                                                  requirements (see CAA section 110(l)),                  C. EPA Recommendations To Further
                                                                                                                                                                submissions, the EPA’s role is to
                                                  and must not modify certain SIP control                 Improve the Rules
                                                                                                                                                                approve state choices, provided that
                                                  requirements in nonattainment areas                       The TSDs describe additional rule                   they meet the criteria of the Clean Air
                                                  without ensuring equivalent or greater                  revisions that we recommend for the                   Act. Accordingly, this action merely
                                                  emissions reductions (see CAA section                   next time the local agency modifies the               approves state law as meeting federal
                                                  193).                                                   rules but which are not currently the                 requirements and does not impose
                                                     Generally, SIP rules must require                    basis for rule disapproval.                           additional requirements beyond those
                                                  Reasonably Available Control
                                                                                                          D. Public Comment and Final Action                    imposed by state law. For that reason,
                                                  Technology (RACT) for each category of
                                                                                                                                                                this action:
                                                  sources covered by a Control                               As authorized in section 110(k)(3) of                 • Is not a significant regulatory action
                                                  Techniques Guidelines (CTG) document                    the Act, the EPA is fully approving the               subject to review by the Office of
                                                  as well as each major stationary source                 submitted rules and rule rescission                   Management and Budget under
                                                  of VOCs in ozone nonattainment areas                    because we believe they fulfill all                   Executive Orders 12866 (58 FR 51735,
                                                  classified as moderate or above (see                    relevant requirements. We do not think                October 4, 1993) and 13563 (76 FR 3821,
                                                  CAA sections 182(b)(2)). The SMAQMD                     anyone will object to this approval, so               January 21, 2011);
                                                  has been designated as severe                           we are finalizing it without proposing it                • does not impose an information
                                                  nonattainment for the 2008 8-hour                       in advance. However, in the Proposed                  collection burden under the provisions
                                                  ozone National Ambient Air Quality                      Rules section of this Federal Register,               of the Paperwork Reduction Act (44
                                                  Standard (NAAQS). The SDCAPCD                           we are simultaneously proposing                       U.S.C. 3501 et seq.);
                                                  regulates an ozone nonattainment area                   approval of the same submitted rules                     • is certified as not having a
                                                  classified as moderate for the 2008 8-                  and rule rescission. If we receive                    significant economic impact on a
                                                  Hour Ozone NAAQS (40 CFR 81.305).                       adverse comments by November 3,                       substantial number of small entities
                                                  As addressed further in the TSDs,                       2016, we will publish a timely                        under the Regulatory Flexibility Act (5
                                                  because there are no relevant EPA CTG                   withdrawal in the Federal Register to                 U.S.C. 601 et seq.);
                                                  documents and because architectural                     notify the public that the direct final                  • does not contain any unfunded
                                                  coatings are considered area sources,                   approval will not take effect and we will             mandate or significantly or uniquely
                                                  architectural coating sources are not                   address the comments in a subsequent                  affect small governments, as described
                                                  subject to RACT requirements.                           final action based on the proposal. If we             in the Unfunded Mandates Reform Act
                                                  However, architectural coating sources                  do not receive timely adverse                         of 1995 (Public Law 104–4);
                                                  are subject to other VOC content limits                 comments, the direct final approval will                 • does not have Federalism
                                                  and control measures described in the                   be effective without further notice on                implications as specified in Executive
                                                  TSDs.                                                   December 5, 2016. This will incorporate               Order 13132 (64 FR 43255, August 10,
                                                     Guidance and policy documents that                   these rules and this rule rescission into             1999);
                                                  we use to evaluate enforceability, SIP                  the federally enforceable SIP.                           • is not an economically significant
                                                  revision/relaxation and rule stringency                    Please note that if the EPA receives               regulatory action based on health or
                                                  requirements for the applicable criteria                adverse comment on an amendment,                      safety risks subject to Executive Order
                                                  pollutants include the following:                       paragraph, or section of this rule and if             13045 (62 FR 19885, April 23, 1997);
                                                     1. ‘‘State Implementation Plans;                     that provision may be severed from the                   • is not a significant regulatory action
                                                  General Preamble for the                                remainder of the rule, the EPA may                    subject to Executive Order 13211 (66 FR
                                                  Implementation of Title I of the Clean                  adopt as final those provisions of the                28355, May 22, 2001);
                                                  Air Act Amendments of 1990,’’ (57 FR                    rule that are not the subject of an                      • is not subject to requirements of
                                                  13498, April 16, 1992 and 57 FR 18070,                  adverse comment.                                      Section 12(d) of the National
                                                  April 28, 1992).                                                                                              Technology Transfer and Advancement
                                                     2. ‘‘Issues Relating to VOC Regulation               III. Incorporation by Reference                       Act of 1995 (15 U.S.C. 272 note) because
                                                  Cutpoints, Deficiencies, and Deviations’’                  In this rule, the EPA is finalizing                application of those requirements would
                                                  (‘‘the Bluebook,’’ U.S. EPA, May 25,                    regulatory text that includes                         be inconsistent with the Clean Air Act;
                                                  1988; revised January 11, 1990).                        incorporation by reference. In                        and
                                                     3. ‘‘Guidance Document for Correcting                accordance with requirements of 1 CFR                    • does not provide the EPA with the
                                                  Common VOC & Other Rule                                 51.5, the EPA is finalizing the                       discretionary authority to address, as
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  Deficiencies’’ (‘‘the Little Bluebook’’,                incorporation by reference of the                     appropriate, disproportionate human
                                                  EPA Region 9, August 21, 2001).                         SMAQMD and SDCAPCD rules                              health or environmental effects, using
                                                     4. ‘‘Suggested Control Measure for                   described in the amendments to 40 CFR                 practicable and legally permissible
                                                  Architectural Coatings,’’ CARB, October                 part 52 set forth below. The EPA has                  methods, under Executive Order 12898
                                                  2007.                                                   made, and will continue to make, these                (59 FR 7629, February 16, 1994).
                                                     5. Code of Federal Regulations (CFR),                documents available through                              In addition, the SIP is not approved
                                                  title 40, part 59, subpart D—National                   www.regulations.gov and at the EPA                    to apply on any Indian reservation land
                                                  Volatile Organic Compound Emission                      Region IX Office (please contact the                  or in any other area where the EPA or


                                             VerDate Sep<11>2014   17:56 Oct 03, 2016   Jkt 241001   PO 00000   Frm 00029   Fmt 4700   Sfmt 4700   E:\FR\FM\04OCR1.SGM   04OCR1


                                                  68322             Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Rules and Regulations

                                                  an Indian tribe has demonstrated that a                   Dated: August 24, 2016.                             ENVIRONMENTAL PROTECTION
                                                  tribe has jurisdiction. In those areas of               Alexis Strauss,                                       AGENCY
                                                  Indian country, the rule does not have                  Acting Regional Administrator, Region IX.
                                                  tribal implications and will not impose                                                                       40 CFR Part 52
                                                                                                            Part 52, chapter I, title 40 of the Code
                                                  substantial direct costs on tribal                      of Federal Regulations is amended as                  [EPA–R06–OAR–2013–0465; FRL–9952–82-
                                                  governments or preempt tribal law as                    follows:                                              Region 6]
                                                  specified by Executive Order 13175 (65
                                                  FR 67249, November 9, 2000).                            PART 52—APPROVAL AND                                  Approval and Promulgation of Air
                                                                                                          PROMULGATION OF                                       Quality Implementation Plans;
                                                     The Congressional Review Act, 5                                                                            Louisiana; Infrastructure State
                                                  U.S.C. 801 et seq., as added by the Small               IMPLEMENTATION PLANS
                                                                                                                                                                Implementation Plan Requirements for
                                                  Business Regulatory Enforcement                                                                               the National Ambient Air Quality
                                                  Fairness Act of 1996, generally provides                ■ 1. The authority citation for part 52
                                                                                                          continues to read as follows:                         Standards
                                                  that before a rule may take effect, the
                                                  agency promulgating the rule must                           Authority: 42 U.S.C. 7401 et seq.                 AGENCY:  Environmental Protection
                                                  submit a rule report, which includes a                                                                        Agency (EPA).
                                                  copy of the rule, to each House of the                  Subpart F—California                                  ACTION: Final rule.
                                                  Congress and to the Comptroller General
                                                                                                          ■ 2. Section 52.220 is amended by                     SUMMARY:   The Environmental Protection
                                                  of the United States. The EPA will                                                                            Agency (EPA) is approving elements of
                                                  submit a report containing this action                  adding paragraphs (c)(255)(i)(A)(7),
                                                                                                          (c)(354)(i)(F)(4), (c)(472)(i)(C), and                State Implementation Plan (SIP)
                                                  and other required information to the                                                                         submittals from Louisiana which
                                                                                                          (c)(474)(i)(B) to read as follows:
                                                  U.S. Senate, the U.S. House of                                                                                address the requirements of Clean Air
                                                  Representatives, and the Comptroller                    § 52.220    Identification of plan.                   Act (CAA) sections 110(a)(1) and (2)
                                                  General of the United States prior to                   *      *     *     *     *                            regarding the infrastructure
                                                  publication of the rule in the Federal                                                                        requirements for the 2006 fine
                                                                                                             (c) * * *
                                                  Register. A major rule cannot take effect                                                                     particulate matter (PM2.5), 2008 Lead
                                                  until 60 days after it is published in the                 (255) * * *                                        (Pb), 2008 Ozone (O3), 2010 Nitrogen
                                                  Federal Register. This action is not a                     (i) * * *                                          Dioxide (NO2), 2010 Sulfur Dioxide
                                                  ‘‘major rule’’ as defined by 5 U.S.C.                      (A) * * *                                          (SO2) and 2012 PM2.5 National Ambient
                                                  804(2).                                                                                                       Air Quality Standards (NAAQS). The
                                                                                                             (7) Previously approved on November
                                                     Under section 307(b)(1) of the Clean                                                                       infrastructure requirements are designed
                                                                                                          9, 1998, in paragraph (c)(255)(i)(A)(2) of
                                                  Air Act, petitions for judicial review of                                                                     to ensure that the structural components
                                                                                                          this section and now deleted with
                                                  this action must be filed in the United                                                                       of each state’s air quality management
                                                                                                          replacement in paragraph
                                                                                                                                                                program are adequate to meet the state’s
                                                  States Court of Appeals for the                         (c)(474)(i)(B)(1) of this section, Rule 442,
                                                                                                                                                                responsibilities as defined by the CAA.
                                                  appropriate circuit by December 5,                      adopted on September 5, 1996.
                                                                                                                                                                These infrastructure SIP (i-SIP)
                                                  2016. Filing a petition for                             *      *     *     *     *                            submittals address how the existing SIP
                                                  reconsideration by the Administrator of                    (354) * * *                                        provides for implementation,
                                                  this final rule does not affect the finality                                                                  maintenance, and enforcement of the
                                                  of this action for the purposes of judicial                (i) * * *
                                                                                                                                                                NAAQS.
                                                  review nor does it extend the time                         (F) * * *
                                                  within which a petition for judicial                                                                          DATES:  This rule is effective on
                                                                                                             (4) Previously approved on June 20,
                                                  review may be filed, and shall not                                                                            November 3, 2016.
                                                                                                          2013, in paragraph (c)(354)(i)(F)(3) of
                                                  postpone the effectiveness of such rule                                                                       ADDRESSES: The EPA has established a
                                                                                                          this section and now deleted without
                                                  or action. Parties with objections to this              replacement, Rule 67.0, ‘‘Architectural               docket for this action under Docket ID
                                                  direct final rule are encouraged to file a              Coatings,’’ adopted on December 12,                   No. EPA–R06–OAR–2013–0465. All
                                                  comment in response to the parallel                     2001.                                                 documents in the docket are listed on
                                                                                                                                                                the http://www.regulations.gov Web
                                                  notice of proposed rulemaking for this                  *      *     *     *     *                            site. Although listed in the index, some
                                                  action published in the Proposed Rules                     (472) * * *                                        information is not publicly available,
                                                  section of this Federal Register, rather                                                                      e.g., Confidential Business Information
                                                  than file an immediate petition for                        (i) * * *
                                                                                                             (C) San Diego Air Pollution Control                or other information whose disclosure is
                                                  judicial review of this direct final rule,                                                                    restricted by statute. Certain other
                                                  so that the EPA can withdraw this direct                District.
                                                                                                                                                                material, such as copyrighted material,
                                                  final rule and address the comment in                      (1) Rule 67.0.1, ‘‘Architectural                   is not placed on the Internet and will be
                                                  the proposed rulemaking. This action                    Coatings,’’ adopted on June 24, 2015.                 publicly available only in hard copy.
                                                  may not be challenged later in                          *      *     *     *     *                            Publicly available docket materials are
                                                  proceedings to enforce its requirements                    (474) * * *                                        available either electronically through
                                                  (see section 307(b)(2)).                                                                                      http://www.regulations.gov or in hard
                                                                                                             (i) * * *
                                                                                                                                                                copy at EPA Region 6, 1445 Ross
                                                  List of Subjects in 40 CFR Part 52                         (B) Sacramento Metropolitan Air
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                                                                                                                                Avenue, Suite 700, Dallas, Texas 75202–
                                                    Environmental protection, Air                         Quality Management District.                          2733.
                                                  pollution control, Incorporation by                        (1) Rule 442, ‘‘Architectural                      FOR FURTHER INFORMATION CONTACT:
                                                  reference, Particulate matter, Reporting                Coatings,’’ amended on September 24,                  Sherry Fuerst 214–665–6454,
                                                  and recordkeeping requirements,                         2015.                                                 fuerst.sherry@epa.gov.
                                                  Volatile organic compounds.                             *      *     *     *     *                            SUPPLEMENTARY INFORMATION:
                                                                                                          [FR Doc. 2016–23837 Filed 10–3–16; 8:45 am]           Throughout this document, ‘‘we,’’ ‘‘us,’’
                                                                                                          BILLING CODE 6560–50–P                                and ‘‘our’’ means the EPA.


                                             VerDate Sep<11>2014   17:56 Oct 03, 2016   Jkt 241001   PO 00000   Frm 00030   Fmt 4700   Sfmt 4700   E:\FR\FM\04OCR1.SGM   04OCR1



Document Created: 2016-10-04 03:03:33
Document Modified: 2016-10-04 03:03:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on December 5, 2016 without further notice, unless the EPA receives adverse comments by November 3, 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 68320 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR