83 FR 24033 - Approval of California Air Plan Revisions, Antelope Valley Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 101 (May 24, 2018)

Page Range		24033-24034
FR Document		2018-11061

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Antelope Valley Air Quality Management District (AVAQMD) portion of the California State Implementation Plan (SIP). This revision concerns the emissions of volatile organic compounds (VOCs) from motor vehicle assembly coating operations. We are approving a local rule to regulate these emission sources under the Clean Air Act (CAA or the Act).

Federal Register, Volume 83 Issue 101 (Thursday, May 24, 2018)

[Federal Register Volume 83, Number 101 (Thursday, May 24, 2018)]
[Rules and Regulations]
[Pages 24033-24034]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-11061]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0760; FRL-9977-86--Region 9]

Approval of California Air Plan Revisions, Antelope Valley Air
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the Antelope Valley Air Quality
Management District (AVAQMD) portion of the California State
Implementation Plan (SIP). This revision concerns the emissions of
volatile organic compounds (VOCs) from motor vehicle assembly coating
operations. We are approving a local rule to regulate these emission
sources under the Clean Air Act (CAA or the Act).

DATES: This rule will be effective on June 25, 2018.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2017-0760. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available through https://www.regulations.gov, or please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section for
additional availability information.

FOR FURTHER INFORMATION CONTACT: Arnold Lazarus, EPA Region IX, (415)
972-3024, lazarus.arnold@epa.gov.

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

I. Proposed Action

On March 19, 2018 (83 FR 11944), the EPA proposed to approve the
following rule into the California SIP.

Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
AVAQMD............................. 1151.1 Motor Vehicle Assembly 6/20/2017 8/9/2017
Coating Operations.
----------------------------------------------------------------------------------------------------------------

We proposed to approve this rule because we determined that it
complies with the relevant CAA requirements. Our proposed action
contains more information on the rule and our evaluation.

II. Public Comments and EPA Responses

The EPA's proposed action provided a 30-day public comment period.
During this period, we received six comments. One comment noted that
the rule focuses specifically on ``motor vehicle assembly coating
operations,'' and stated that it should include all components of the
car manufacturing process, in order to address issues related to
climate change. Rule 1151.1 is intended to control VOC emissions from a
specific type of operation, and as such, we believe that the rule is
appropriate in scope and stringency. For the reasons addressed in the
proposal, the EPA has determined that the rule is consistent with
applicable CAA requirements and appropriate for inclusion in the SIP.
The other five comments raised issues outside the scope of this
rulemaking, including bird and bat deaths associated with wind turbines
and the risks of unmanaged forests and wildfires. None of those
comments are germane to our evaluation of Rule 1151.1.

III. EPA Action

No comments were submitted that changed our assessment of the rule
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is fully approving this rule into
the California SIP.

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
AVAQMD 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 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).

V. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L, 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);

[[Page 24034]]

Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 23, 2018. 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. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.

Dated: May 1, 2018.
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 paragraph (c)(503) to read as
follows:

Sec. 52.220 Identification of plan--in part.

* * * * *
(c) * * *
(503) New and amended regulations for the following APCDs were
submitted on August 9, 2017 by the Governor's designee.
(i) Incorporation by reference.
(A) Antelope Valley Air Quality Management District.
(1) Rule 1151.1, ``Motor Vehicle Assembly Coating Operations,''
adopted on June 20, 2017.

[FR Doc. 2018-11061 Filed 5-23-18; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Rules and Regulations 24033

* * * * * State Implementation Plan (SIP). This Publicly available docket materials are
[FR Doc. 2018–11068 Filed 5–23–18; 8:45 am] revision concerns the emissions of available through https://
BILLING CODE 6560–50–P volatile organic compounds (VOCs) www.regulations.gov, or please contact
from motor vehicle assembly coating the person identified in the FOR FURTHER
operations. We are approving a local INFORMATION CONTACT section for
ENVIRONMENTAL PROTECTION rule to regulate these emission sources additional availability information.
AGENCY under the Clean Air Act (CAA or the FOR FURTHER INFORMATION CONTACT:
Act).
40 CFR Part 52 Arnold Lazarus, EPA Region IX, (415)
DATES: This rule will be effective on 972–3024, lazarus.arnold@epa.gov.
[EPA–R09–OAR–2017–0760; FRL–9977– June 25, 2018.
86—Region 9] SUPPLEMENTARY INFORMATION:
ADDRESSES: The EPA has established a
Throughout this document, ‘‘we,’’ ‘‘us’’
docket for this action under Docket ID and ‘‘our’’ refer to the EPA.
Approval of California Air Plan
No. EPA–R09–OAR–2017–0760. All
Revisions, Antelope Valley Air Quality
documents in the docket are listed on Table of Contents
Management District
the https://www.regulations.gov I. Proposed Action
AGENCY: Environmental Protection website. Although listed in the index, II. Public Comments and EPA Responses
Agency (EPA). some information is not publicly III. EPA Action
ACTION: Final rule. available, e.g., Confidential Business IV. Incorporation by Reference
Information or other information whose V. Statutory and Executive Order Reviews
SUMMARY: The Environmental Protection disclosure is restricted by statute. I. Proposed Action
Agency (EPA) is taking final action to Certain other material, such as
approve a revision to the Antelope copyrighted material, is not placed on On March 19, 2018 (83 FR 11944), the
Valley Air Quality Management District the internet and will be publicly EPA proposed to approve the following
(AVAQMD) portion of the California available only in hard copy form. rule into the California SIP.
TABLE 1—SUBMITTED RULE
Local agency Rule No. Rule title Adopted Submitted

AVAQMD ................................ 1151.1 Motor Vehicle Assembly Coating Operations ........................ 6/20/2017 8/9/2017

We proposed to approve this rule III. EPA Action they meet the criteria of the Clean Air
because we determined that it complies No comments were submitted that Act. Accordingly, this action merely
with the relevant CAA requirements. changed our assessment of the rule as approves state law as meeting Federal
Our proposed action contains more described in our proposed action. requirements and does not impose
information on the rule and our Therefore, as authorized in section additional requirements beyond those
evaluation. 110(k)(3) of the Act, the EPA is fully imposed by state law. For that reason,
approving this rule into the California this action:
II. Public Comments and EPA • Is not a significant regulatory action
Responses SIP.
subject to review by the Office of
IV. Incorporation by Reference Management and Budget under
The EPA’s proposed action provided
a 30-day public comment period. During In this rule, the EPA is finalizing Executive Orders 12866 (58 FR 51735,
this period, we received six comments. regulatory text that includes October 4, 1993) and 13563 (76 FR 3821,
incorporation by reference. In January 21, 2011);
One comment noted that the rule
focuses specifically on ‘‘motor vehicle accordance with requirements of 1 CFR • Is not an Executive Order 13771 (82
51.5, the EPA is finalizing the FR 9339, February 2, 2017) regulatory
assembly coating operations,’’ and
incorporation by reference of the action because SIP approvals are
stated that it should include all
AVAQMD rule described in the exempted under Executive Order 12866;
components of the car manufacturing amendments to 40 CFR part 52 set forth
process, in order to address issues • Does not impose an information
below. The EPA has made, and will collection burden under the provisions
related to climate change. Rule 1151.1 is continue to make, these documents
intended to control VOC emissions from of the Paperwork Reduction Act (44
available through www.regulations.gov U.S.C. 3501 et seq.);
a specific type of operation, and as such, and at the EPA Region IX Office (please
we believe that the rule is appropriate • Is certified as not having a
contact the person identified in the FOR
in scope and stringency. For the reasons significant economic impact on a
FURTHER INFORMATION CONTACT section of
addressed in the proposal, the EPA has substantial number of small entities
this preamble for more information).
determined that the rule is consistent under the Regulatory Flexibility Act
with applicable CAA requirements and V. Statutory and Executive Order (5 U.S.C. 601 et seq.);
appropriate for inclusion in the SIP.
Reviews • Does not contain any unfunded
Under the Clean Air Act, the mandate or significantly or uniquely
The other five comments raised issues
sradovich on DSK3GMQ082PROD with RULES

Administrator is required to approve a affect small governments, as described
outside the scope of this rulemaking, in the Unfunded Mandates Reform Act
SIP submission that complies with the
including bird and bat deaths associated of 1995 (Pub. L, 104–4);
provisions of the Act and applicable
with wind turbines and the risks of
Federal regulations. 42 U.S.C. 7410(k); • Does not have Federalism
unmanaged forests and wildfires. None 40 CFR 52.02(a). Thus, in reviewing SIP implications as specified in Executive
of those comments are germane to our submissions, the EPA’s role is to Order 13132 (64 FR 43255, August 10,
evaluation of Rule 1151.1. approve state choices, provided that 1999);

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24034 Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Rules and Regulations

• Is not an economically significant List of Subjects in 40 CFR Part 52 requirements. The Environmental
regulatory action based on health or Environmental protection, Air Protection Agency (EPA) is approving
safety risks subject to Executive Order pollution control, Incorporation by the Oregon State Implementation Plan
13045 (62 FR 19885, April 23, 1997); reference, Intergovernmental relations, (SIP) as meeting infrastructure
• Is not a significant regulatory action requirements for the 2010 nitrogen
Ozone, Particulate matter, Reporting
subject to Executive Order 13211 (66 FR dioxide, 2010 sulfur dioxide, and 2012
and recordkeeping requirements,
28355, May 22, 2001); fine particulate matter NAAQS. The
• Is not subject to requirements of Volatile organic compounds.
EPA is also approving, and
Section 12(d) of the National Dated: May 1, 2018. incorporating by reference, rule changes
Technology Transfer and Advancement Alexis Strauss, made by the state to implement the fine
Act of 1995 (15 U.S.C. 272 note) because Acting Regional Administrator, Region IX. particulate matter NAAQS, relevant to
application of those requirements would this infrastructure action, and the ozone
be inconsistent with the Clean Air Act; Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as NAAQS, unrelated to this action, but
and included for efficiency.
• Does not provide the EPA with the follows:
discretionary authority to address, as DATES: This final rule is effective June
PART 52—APPROVAL AND 25, 2018.
appropriate, disproportionate human
PROMULGATION OF
health or environmental effects, using ADDRESSES: The EPA has established a
IMPLEMENTATION PLANS
practicable and legally permissible docket for this action under Docket ID
methods, under Executive Order 12898 ■ 1. The authority citation for part 52 No. EPA–R10–OAR–2016–0056. All
(59 FR 7629, February 16, 1994). continues to read as follows: documents in the docket are listed on
In addition, the SIP is not approved the https://www.regulations.gov
to apply on any Indian reservation land Authority: 42 U.S.C. 7401 et seq.
website. Although listed in the index,
or in any other area where the EPA or some information is not publicly
Subpart F—California
an Indian tribe has demonstrated that a available, e.g., CBI or other information
tribe has jurisdiction. In those areas of ■ 2. Section 52.220 is amended by the disclosure of which is restricted by
Indian country, the rule does not have adding paragraph (c)(503) to read as statute. Certain other material, such as
tribal implications and will not impose follows: copyrighted material, is not placed on
substantial direct costs on tribal the internet and is publicly available
governments or preempt tribal law as § 52.220 Identification of plan—in part. only in hard copy form. Publicly
specified by Executive Order 13175 (65 * * * * * available docket materials are available
FR 67249, November 9, 2000). (c) * * * at https://www.regulations.gov, or
The Congressional Review Act, 5 (503) New and amended regulations please contact the person identified in
U.S.C. 801 et seq., as added by the Small for the following APCDs were submitted the FOR FURTHER INFORMATION CONTACT
Business Regulatory Enforcement on August 9, 2017 by the Governor’s section for additional availability
Fairness Act of 1996, generally provides designee. information.
that before a rule may take effect, the (i) Incorporation by reference.
agency promulgating the rule must FOR FURTHER INFORMATION CONTACT:
(A) Antelope Valley Air Quality
submit a rule report, which includes a Management District. Kristin Hall at (206) 553–6357, or
copy of the rule, to each House of the (1) Rule 1151.1, ‘‘Motor Vehicle hall.kristin@epa.gov.
Congress and to the Comptroller General Assembly Coating Operations,’’ adopted SUPPLEMENTARY INFORMATION:
of the United States. The EPA will on June 20, 2017. Throughout this document wherever
submit a report containing this action ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
[FR Doc. 2018–11061 Filed 5–23–18; 8:45 am]
and other required information to the intended to refer to the EPA.
BILLING CODE 6560–50–P
U.S. Senate, the U.S. House of
Representatives, and the Comptroller Table of Contents
General of the United States prior to I. Background Information
ENVIRONMENTAL PROTECTION
publication of the rule in the Federal II. Final Action
AGENCY
Register. A major rule cannot take effect III. Incorporation by Reference
until 60 days after it is published in the 40 CFR Part 52 IV. Statutory and Executive Order Reviews
Federal Register. This action is not a I. Background Information
‘‘major rule’’ as defined by 5 U.S.C. [EPA–R10–OAR–2016–0056; FRL–9978–
47—Region 10] On February 23, 2018, the EPA
804(2).
Under section 307(b)(1) of the Clean proposed to approve Oregon’s December
Air Plan Approval; OR; Infrastructure
Air Act, petitions for judicial review of 27, 2013, and October 20, 2015, SIP
Requirements for the 2010 Nitrogen
this action must be filed in the United submissions as meeting certain
Dioxide, 2010 Sulfur Dioxide, and 2012
States Court of Appeals for the infrastructure requirements of the Clean
Fine Particulate Matter Standards
appropriate circuit by July 23, 2018. Air Act for the 2010 nitrogen dioxide
Filing a petition for reconsideration by AGENCY: Environmental Protection (NO2), 2010 sulfur dioxide (SO2), and
the Administrator of this final rule does Agency (EPA). 2012 fine particulate matter (PM2.5)
not affect the finality of this action for ACTION: Final rule. NAAQS (83 FR 8021). We also proposed
the purposes of judicial review nor does to approve, and incorporate by
sradovich on DSK3GMQ082PROD with RULES

it extend the time within which a SUMMARY: Whenever a new or revised reference, associated rule updates to
petition for judicial review may be filed, National Ambient Air Quality Standard implement the PM2.5 NAAQS, and an
and shall not postpone the effectiveness (NAAQS) is promulgated, the Clean Air unrelated rule update for the ozone
of such rule or action. This action may Act requires states to submit a plan for NAAQS, submitted July 18, 2017. Please
not be challenged later in proceedings to the implementation, maintenance, and see our proposed rulemaking for further
enforce its requirements. (See section enforcement of the standard, commonly explanation and the basis for our
307(b)(2).) referred to as infrastructure finding (February 23, 2018, 83 FR 8021).

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Document Created: 2018-05-24 00:05:46
Document Modified: 2018-05-24 00:05:46

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 June 25, 2018.
Contact		Arnold Lazarus, EPA Region IX, (415) 972-3024, [email protected]
FR Citation		83 FR 24033
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds