[Federal Register Volume 79, Number 9 (Tuesday, January 14, 2014)]
[Rules and Regulations]
[Pages 2375-2377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00398]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0753; FRL-9905-29-Region 9]


Revisions to the California State Implementation Plan, El Dorado 
County 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 El Dorado County Air Quality 
Management District (EDAQMD) portion of the California State 
Implementation Plan (SIP). These revisions concern negative 
declarations for volatile organic compound (VOC) source categories for 
the EDAQMD. We are approving these negative declarations under the 
Clean Air Act as amended in 1990 (CAA or the Act).

DATES: This rule is effective on March 17, 2014 without further notice, 
unless EPA receives adverse comments by February 13, 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-
2013-0753, 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 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: Stanley Tong, EPA Region IX, (415) 
947-4122, [email protected].

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

Table of Contents

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

I. The State's Submittal

A. What negative declarations did the State submit?

    Table 1 lists the negative declarations we are approving with the 
dates that they were adopted by the EDAQMD and submitted by the 
California Air Resources Board (CARB).

                                    Table 1--Submitted Negative Declarations
----------------------------------------------------------------------------------------------------------------
             Local agency                              Title                       Adopted          Submitted
----------------------------------------------------------------------------------------------------------------
EDAQMD...............................  EPA-450/2-78-015--Control of VOC               12/11/12          09/30/13
                                        Emissions from Existing Stationary
                                        Sources, Volume VI: Surface Coating
                                        of Miscellaneous Metal Parts and
                                        Products.
EDAQMD...............................  EPA-450/2-77-022--Control of VOC               12/11/12          09/30/13
                                        Emissions from Solvent Metal
                                        Cleaning.
EDAQMD...............................  EPA-450/2-78-033--Control of VOC               12/11/12          09/30/13
                                        Emissions from Existing Stationary
                                        Sources, Volume VIII: Graphic Arts--
                                        Rotogravure and Flexography.
----------------------------------------------------------------------------------------------------------------

    On November 25, 2013, EPA determined that the EDAQMD negative 
declarations submitted on September 30, 2013, 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 negative declarations?

    There are no previous versions of these negative declarations.

[[Page 2376]]

C. What is the purpose of the submitted negative declarations?

    The negative declarations were submitted to meet the requirements 
of CAA section 182(b)(2). Ozone nonattainment areas classified at 
moderate and above are required to adopt VOC regulations for the 
published Control Technique Guidelines (CTG) categories and for major 
non-CTG sources of VOC or NOX. If an ozone nonattainment 
area does not have stationary sources covered by an EPA published CTG, 
then the area is required to submit a negative declaration. The 
negative declarations were submitted because there are no stationary 
sources exceeding the CTG's applicability threshold within the EDAQMD 
jurisdiction. EPA's technical support document (TSD) has more 
information about these negative declarations.

II. EPA's Evaluation and Action

A. How is EPA evaluating the negative declarations?

    The negative declarations are submitted as SIP revisions and must 
be consistent with CAA requirements for Reasonably Available Control 
Technology (RACT) (see section 182(b)(2)) and SIP relaxation (see 
sections 110(l) and 193.) To do so, the submittal should provide 
reasonable assurance that no sources subject to the CTG requirements 
currently exist or are planned for the EDAQMD.

B. Do the negative declarations meet the evaluation criteria?

    We believe these negative declarations are consistent with the 
relevant policy and guidance regarding RACT and SIP relaxations. The 
TSD has 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 negative declarations as additional information 
to the SIP 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 these negative declarations. If we receive adverse comments 
by February 13, 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 17, 2014.

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 17, 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: December 16, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.

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

[[Page 2377]]

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 52.222 is amended by adding paragraph (a)(7)(ii) to read as 
follows:


Sec.  52.222  Negative declarations.

* * * * *
    (a) * * *
    (7) * * *
    (ii) Control of VOC Emissions from Existing Stationary Sources, 
Volume VI: Surface Coating of Miscellaneous Metal Parts and Products; 
Control of VOC Emissions from Solvent Metal Cleaning; and Control of 
VOC Emissions from Existing Stationary Sources, Volume VIII: Graphic 
Arts--Rotogravure and Flexography submitted on September 30, 2013 and 
adopted on December 11, 2012.
* * * * *
[FR Doc. 2014-00398 Filed 1-13-14; 8:45 am]
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