[Federal Register Volume 79, Number 2 (Friday, January 3, 2014)]
[Rules and Regulations]
[Pages 364-367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30861]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0668; FRL-9902-71-Region 9]


Revisions to the California State Implementation Plan, Antelope 
Valley Air Quality Management District, Mojave Desert Air Quality 
Management District, Monterey Bay Unified Air Pollution Control 
District, and South Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the Antelope Valley Air Quality 
Management District (AVAQMD), Mojave Desert Air Quality Management 
District (MDAQMD), Monterey Bay Unified Air Pollution Control District 
(MBUAPCD), and South Coast Air Quality Management District (SCAQMD) 
portion of the California State Implementation Plan (SIP). These 
revisions concern volatile organic compound (VOC) emissions from 
architectural coatings, liquefied petroleum gas transfer, and ignition 
of barbecue charcoal. We are approving three local rules and rescinding 
one local rule that regulate these emission sources under the Clean Air 
Act (CAA or the Act).

DATES: This rule is effective on March 4, 2014 without further notice, 
unless EPA receives adverse comments by February 3, 2014. 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-
2013-0668, by one of the following methods:
    1. Federal eRulemaking Portal: 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 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

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you consider CBI or otherwise protected should be clearly identified as 
such and should not be submitted through www.regulations.gov or email. 
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 www.regulations.gov and in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901. 
While all documents in the docket are listed at 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 and rescinding with the 
dates that they were adopted or rescinded by the local air agencies and 
submitted by the California Air Resources Board.

                                                                Table 1--Submitted Rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                             Adopted/
                  Local agency                      Rule No.                    Rule title                    amended        Rescinded       Submitted
--------------------------------------------------------------------------------------------------------------------------------------------------------
MDAQMD.........................................            1113  Architectural Coatings.................        04/23/12  ..............        02/06/13
MBUAPCD........................................             426  Architectural Coatings.................        08/15/12  ..............        04/22/13
AVAQMD.........................................            1174  Control of Volatile Organic Compound           10/05/90        11/20/12        04/22/13
                                                                  Emissions from the Ignition of
                                                                  Barbecue Charcoal.
SCAQMD.........................................            1177  Liquefied Petroleum Gas Transfer and           06/01/12  ..............        02/06/13
                                                                  Dispensing.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    On April 9, 2013, EPA determined that the submittal for MDAQMD Rule 
1113 and SCAQMD Rule 1177 met the completeness criteria in 40 CFR Part 
51 Appendix V, which must be met before formal EPA review. On June 26, 
2013, EPA determined that the submittal for MBUAPCD Rule 426 and AVAQMD 
Rule 1174 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?

    There are no previous versions of SCAQMD Rule 1177 in the SIP. We 
approved an earlier version of AVAQMD Rule 1174 into the SIP on October 
4, 1994 (59 FR 50498). Limited approvals of MDAQMD Rule 1113 and 
MBUAPCD Rule 426 were published on January 1, 2004 (69 FR 34) for 
inclusion in the SIP. The MDAQMD and MBUAPCD adopted revisions to the 
SIP-approved versions on April 23, 2012 and August 15, 2012 and CARB 
submitted them to us on February 6, 2013, and April 22, 2013.

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. MDAQMD Rule 1113 and 
MBUAPCD Rule 426 lower VOC content limits of various architectural 
coatings and SCAQMD Rule 117 limits VOC emissions from liquefied 
petroleum gas transfer. AVAQMD Rule 1174 controlled VOC emissions from 
ignition of barbecue charcoal, but is being rescinded because EPA and 
CARB have adopted redundant regulations. 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 NOX or VOC major source in 
ozone nonattainment areas classified as moderate or above (see sections 
182(b)(2) and 182(f)), and must not relax existing requirements (see 
sections 110(l) and 193). SCAQMD regulates an ozone nonattainment area 
classified as extreme for the 8-hour ozone NAAQS (see 40 CFR Part 
81.305), so Rule 1177 must fulfill RACT. The MBUAPCD and MDAQMD rules 
regulate an area source and are not required to fulfill RACT, though we 
have evaluated them for enforceability, stringency, and backsliding. 
The rescission of the AVAQMD rule must not relax existing requirements 
(see sections 110(l) and 193 of the CAA).
    Guidance and policy documents that we use to evaluate 
enforceability and RACT requirements consistently 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); 57 FR 18070 (April 28, 1992).
    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. ``Suggested Control Measure for Architectural Coatings,'' CARB, 
October 2007.

[[Page 366]]

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 
AVAQMD is requesting rescission of rule 1174 because EPA and CARB have 
adopted similar regulations and we believe the rule rescission is 
consistent with policy and guidance. 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 agencies modify 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 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 
February 3, 2014, 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 March 4, 2014. This will incorporate the three rules into and 
remove the one rule from 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 March 4, 2014. 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 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: September 25, 2013.
Jared Blumenfeld,
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)(184)(i)(B)(12), 
(c)(428)(i)(C) and (D), and (c)(429)(i)(C) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (184) * * *

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    (i) * * *
    (B) * * *
    (12) Previously approved on October 4, 1994 in paragraph 
(c)(184)(i)(B)(4) of this section and now deleted without replacement, 
for the Antelope Valley area only, Antelope Valley Rule 1174, 
previously South Coast Rule 1174. South Coast Rule 1174 remains in 
effect for the South Coast area.
* * * * *
    (428) * * *
    (i) * * *
    (C) Mojave Desert Air Quality Management District.
    (1) Rule 1113, ``Architectural Coatings,'' amended on April 23, 
2012.
    (D) South Coast Air Quality Management District.
    (1) Rule 1177, ``Liquefied Petroleum Gas Transfer and Dispensing,'' 
adopted on June 1, 2012.
    (429) * * *
    (i) * * *
    (C) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 426, ``Architectural Coatings,'' amended on August 15, 
2012.
* * * * *
[FR Doc. 2013-30861 Filed 1-2-14; 8:45 am]
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