[Federal Register Volume 76, Number 224 (Monday, November 21, 2011)]
[Rules and Regulations]
[Pages 71886-71888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29906]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0845; FRL-9492-2]


Revisions to the California State Implementation Plan, Placer 
County Air Pollution Control District and Sacramento Metropolitan Air 
Quality Management 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 
Placer County Air Pollution Control District (PCAPCD) and Sacramento 
Metropolitan Air Quality Management District (SMAQMD) portions of the 
California State Implementation Plan (SIP). These revisions concern 
volatile organic compound (VOC) emissions from coatings and strippers 
used on wood products, wood paneling, and miscellaneous metal parts and 
products. We are approving these 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 January 20, 2012 without further 
notice, unless EPA receives adverse comments by December 21, 2011. 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-
2011-0845, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions.
    2. Email: [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 http://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 http://www.regulations.gov or email. http://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 email directly to EPA, your email 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: Generally, documents in the docket for this action are 
available electronically at http://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 at http://www.regulations.gov, 
some information may be publicly available only at the hard copy 
location (e.g., copyrighted material, large maps), 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: Nicole Law, EPA Region IX, (415) 947-
4126, [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. EPA Recommendations To Further Improve the Rules
    D. 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             Amended        Submitted
----------------------------------------------------------------------------------------------------------------
PCAPCD................................             236  Wood Products and               10/14/10        04/05/11
                                                         Coating Operations.
PCAPCD................................             238  Factory Coating of Flat         10/14/10        04/05/11
                                                         Wood Paneling.
SMAQMD................................             451  Surface Coating of              10/28/10        04/05/11
                                                         Miscellaneous Metal
                                                         Parts and Products.
----------------------------------------------------------------------------------------------------------------

    On May 6, 2011, EPA determined that the submittal for PCAPCD 236, 
PCAPCD 238, and SMAQMD 451 met the completeness criteria in 40 CFR Part 
51 Appendix V, which must be met before formal EPA review.

B. Are there other versions of these rules?

    We approved earlier versions of PCAPCD 236, PCAPCD 238, and SMAQMD 
451 into the SIP on April 30, 1996 (61 FR 18962), February 12, 1996 (61 
FR 5288), and January 24, 1985 (50 FR 3338), respectively. The PCAPCD 
adopted revisions to the SIP-approved versions on October 14, 2010 and 
CARB submitted them to us on April 5, 2011. There are no subsequent 
submittals of the PCAPCD rules. The SMAQMD adopted revisions to the 
SIP-approved version of Rule 451 on October 28, 2010 and CARB submitted 
them to us on April 5, 2011. While we can act on only the most recently 
submitted version, we have reviewed materials provided with previous 
submittals.

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

    VOCs help produce ground-level ozone and smog, which harm human 
health and the environment. Section 110(a) of the CAA requires States 
to submit regulations that control VOC emissions. The submitted rules 
control emissions from coatings and strippers used on wood products, 
wood paneling, and miscellaneous metal parts and products. EPA's 
technical support documents (TSDs) have more information about these 
rules.

[[Page 71887]]

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 (b)(2)), and must not relax existing 
requirements (see sections 110(l) and 193). The PCAPCD and SMAQMD 
regulate an ozone nonattainment area (see 40 CFR part 81), so the rules 
must fulfill RACT.
    Guidance and policy documents that we use to evaluate 
enforceability and RACT requirements consistently include the 
following:

1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' EPA, May 25, 1988 (the Bluebook).
2. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
3. ``Control of Volatile Organic Compound Emissions from Wood 
Furniture Manufacturing Operations,'' EPA-453/R-96-007, April 1996.
4. ``Control of Volatile Organic Compound Emissions from Existing 
Stationary Sources--Volume VII: Factory Surface Coating of Flat Wood 
Paneling,'' EPA-450/2-78-032, June 1978.
5. ``Control Techniques Guidelines for Flat Wood Paneling 
Coatings,'' EPA-453-/R-06-004, September 2006.
6. ``Control Technique Guidelines for Miscellaneous Metal and 
Plastic Parts Coatings,'' EPA-453/R-08-003, September 2008.
7. ``Control Techniques Guidelines for Metal Furniture Coatings,'' 
EPA-453/R-07-005, September 2007.
8. ``Control of Volatile Organic Emissions from Existing Stationary 
Sources Volume III: Surface Coating of Metal Furniture,'' EPA-450/2-
77-032, December 1977.
9. ``Control of Volatile Organic Emissions from Existing Stationary 
Sources Volume VI: Surface Coating of Miscellaneous Metal Parts and 
Products,'' EPA-450/2-78-015, June 1978.

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. PCAPCD 
236, PCAPCD 238, and SMAQMD 451 have a few rule relaxation concerns, 
but we do not consider them deficiencies. 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.

D. 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 December 21, 2011, 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 January 20, 2012. 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 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, 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 Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have Tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the State, 
and EPA notes that it will not impose substantial direct costs on 
Tribal governments or preempt Tribal law.

    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 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 January 20, 2012. Filing a 
petition for reconsideration by

[[Page 71888]]

the Administrator of this final rule does not affect the finality of 
this action for the purposes of judicial review nor does it extend the 
time within which a petition for judicial review may be filed, and 
shall not postpone the effectiveness of such rule or action. Parties 
with objections to this direct final rule are encouraged to file a 
comment in response to the parallel notice of proposed rulemaking for 
this action published in the Proposed Rules section of today's Federal 
Register, rather than file an immediate petition for judicial review of 
this direct final rule, so that EPA can withdraw this direct final rule 
and address the comment in the proposed rulemaking. This action may not 
be challenged later in proceedings to enforce its requirements (see 
section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

    Dated: October 24, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

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

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

Subpart F--California

0
2. Section 52.220, is amended by adding paragraphs (c)(388) (i)(D)(3) 
and (E) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (388) * * *
    (i) * * *
    (D) * * *
    (3) Rule 451, ``Surface Coating of Miscellaneous Metal Parts and 
Products,'' amended October 28, 2010.
    (E) Placer County Air Pollution Control District.
    (1) Rule 236, ``Wood Products and Coating Operations,'' amended 
October 14, 2010, effective July 1, 2011.
    (2) Rule 238, ``Factory Coating of Flat Wood Paneling,'' amended 
October 14, 2010, effective July 1, 2011.
* * * * *
[FR Doc. 2011-29906 Filed 11-18-11; 8:45 am]
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