[Federal Register Volume 73, Number 137 (Wednesday, July 16, 2008)]
[Rules and Regulations]
[Pages 40754-40756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16020]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2007-1105; FRL-8580-3]


Revisions to the California State Implementation Plan, Mojave 
Desert Air Quality Management District and Ventura County Air Pollution 
Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Mojave Desert Air Quality Management District (MDAQMD) and Ventura 
County Air Pollution Control District (VCAPCD) portions of the 
California State Implementation Plan (SIP). These revisions concern 
volatile organic compound (VOC) emissions from wood products and marine 
coating operations. We are approving local rules that regulate these 
emission sources under the Clean Air Act as amended in 1990 (CAA or the 
Act).

DATES: This rule is effective on September 15, 2008 without further 
notice, unless EPA receives adverse comments by August 15, 2008. 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 comments, identified by docket number EPA-R09-OAR-
2007-1105, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. E-mail: [email protected].
    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at www.regulations.gov, 
including any personal information provided, unless the comment 
includes Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Information that you 
consider CBI or otherwise protected should be clearly identified as 
such and should not be submitted through www.regulations.gov or e-mail. 
www.regulations.gov is an ``anonymous access'' system, and EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send e-mail directly to EPA, your e-mail 
address will be automatically captured and included as part of the 
public comment. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 
IX, 75 Hawthorne Street, San Francisco, California. While all documents 
in the docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available in either location (e.g., 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: Cynthia G. Allen, EPA Region IX, (415) 
947-4120, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules we are approving with the dates that they 
were adopted by the local air agencies and submitted by the California 
Air Resources Board.

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                Local agency                  Rule No.            Rule title              Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
MDAQMD.....................................       1106  Marine Coating Operations.....     10/23/06     05/08/07
VCAPCD.....................................      74.30  Wood Products Coatings........     06/27/06     10/05/06
----------------------------------------------------------------------------------------------------------------

    On July 23, 2007, the submittal of MDAQMD Rule 1106 was found to 
meet the completeness criteria in 40 CFR Part 51 Appendix V, which must 
be met before formal EPA review. On October 24, 2006, the submittal of 
VCAPCD Rule 74.30 was found to meet the completeness criteria in 40 CFR 
Part 51 Appendix V, which must be met before formal EPA review.

B. Are there other versions of these rules?

    There is no previous version of Rule 1106 in the MDAQMD SIP, 
although the MDAQMD adopted an earlier version of this rule on August 
28, 2006, and CARB submitted it to us on May 8, 2007. While we can act 
on only the most recently submitted version, we have reviewed materials 
provided with previous submittals. A version of SCAQMD Rule 1106 
adopted on November 4, 1988 and amended on August 2, 1991, was approved 
into the SIP on July 14, 1995 (60 FR 36227) and

[[Page 40755]]

is federally enforceable for portions of the area now regulated by 
MDAQMD.
    A version of VCAPCD Rule 74.30 was approved into the SIP on October 
25, 2005 (70 FR 61561).

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

    Section 110(a) of the CAA requires States to submit regulations 
that control volatile organic compounds, nitrogen oxides, particulate 
matter, and other air pollutants which harm human health and the 
environment. These rules were developed as part of local air districts' 
programs to control these pollutants.
    MDAQMD Rule 1106 reduces VOC emissions from marine coatings 
operations. The provisions of this rule apply to all marine coating 
operations of both commercial boats and ships, pleasure craft and their 
appurtenances, and to coating of buoy and oil drilling rigs, or their 
parts and components intended for the marine environment.
    VCAPCD Rule 74.30 revisions involve a reduction in reactive organic 
compound (ROC) content for surface preparation and cleanup material. 
Currently, the effective date of the revisions are 90 days from the 
date of adoption. The revisions are required because, under the 
provisions of Health and Safety Code Section 40914(b)(2), staff is 
required to demonstrate that the District's plan to attain the 
California ambient ozone standard provides for expeditious 
implementation of `every feasible measure' to reduce ozone precursor 
emission (including ROC). In addition, revisions include the removal of 
obsolete language and the rewording of certain subsections for clarity. 
EPA's technical support documents (TSD) have more information about 
these rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the 
Act), must require Reasonably Available Control Technology (RACT) for 
each category of sources covered by a Control Techniques Guidelines 
(CTG) document as well as each major source in nonattainment areas (see 
sections 182(a)(2) and 182(f)), and must not relax existing 
requirements (see sections 110(l) and 193). The MDAQMD and VCAPCD 
regulate ozone nonattainment areas (see 40 CFR part 81), so MDAQMD Rule 
1106 and VCAPCD Rule 74.30 must fulfill RACT.
    Guidance and policy documents that we use to help evaluate specific 
enforceability and RACT requirements consistently include the 
following:
    1. Portions of the proposed post-1987 ozone and carbon monoxide 
policy that concern RACT, 52 FR 45044, November 24, 1987.
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' EPA, May 25, 1988 (the Bluebook).
    3. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. Alternative Control Techniques Document: Surface Coating 
Operations at Shipbuilding and Ship Repair Facilities, EPA Region 9, 
April 1994 (EPA 453/R-94-932).

B. Do the rules meet the evaluation criteria?

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

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted rules because we believe they fulfill all 
relevant requirements. We do not think anyone will object to this 
approval, so we are finalizing it without proposing it in advance. 
However, in the Proposed Rules section of this Federal Register, we are 
simultaneously proposing approval of the same submitted rules. If we 
receive adverse comments by August 15, 2008, 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 September 15, 2008. This will incorporate 
these rules into the federally enforceable SIP.
    Please note that if 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, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

III. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does 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, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it approves a state rule 
implementing a Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission; to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C.

[[Page 40756]]

272 note) do not apply. This rule does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).
    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. EPA will submit a report containing this rule 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 September 15, 2008. 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, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: June 3, 2008.
Wayne Nastri,
Regional Administrator, Region IX.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(347)(i)(D) and 
(c)(350)(i)(B)(2) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (347) * * *
    (i) * * *
    (D) Ventura County Air Pollution Control District.
    (1) Rule 74.30, Wood Products Coatings, adopted May 17, 1994 and 
revised on June 27, 2006.
* * * * *
    (350) * * *
    (i) * * *
    (B) * * *
    (2) Rule 1106, Marine Coating Operations, adopted on August 28, 
2006 and amended on October 23, 2006.
* * * * *

[FR Doc. E8-16020 Filed 7-15-08; 8:45 am]
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