[Federal Register Volume 79, Number 94 (Thursday, May 15, 2014)]
[Rules and Regulations]
[Pages 27761-27763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11087]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0172; FRL-9910-85-Region 9]


Revisions to the California State Implementation Plan; Ventura 
County Air Pollution Control District; Reasonably Available Control 
Technology for Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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[[Page 27762]]

SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of revisions to the Ventura County Air Pollution Control 
District (VCAPCD) portion of the California State Implementation Plan 
(SIP). This action was proposed in the Federal Register on March 10, 
2014 and concerns the District's reasonably available control 
technology (RACT) requirements under the 1997 8-hour ozone National 
Ambient Air Quality Standards (NAAQS). We are approving this document 
under the Clean Air Act (CAA or the Act).

DATES: This rule will be effective on June 16, 2014.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2014-0172 for 
this action. Generally, documents in the docket for this action are 
available electronically at http://www.regulations.gov or in hard copy 
at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-
3901. 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, multi-
volume reports), and some may not be available in either location 
(e.g., confidential business information (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. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action.

    On March 10, 2014 (79 FR 13266), EPA proposed to approve the 
following document into the California SIP.

----------------------------------------------------------------------------------------------------------------
        Local agency                               Document                           Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
VCAPCD.....................  Reasonably Available Control Technology State               9/15/09        11/17/09
                              Implementation Plan Revision (2009 RACT SIP
                              Revision) as adopted September 15, 2009 (``2009
                              RACT SIP'').
----------------------------------------------------------------------------------------------------------------

    VCAPCD's submittal also included the following negative 
declarations which the District certified that it had no sources 
subject to the control techniques guidelines (CTG) documents.

----------------------------------------------------------------------------------------------------------------
              CTG source category                                       CTG document title
----------------------------------------------------------------------------------------------------------------
Flat Wood Paneling Coatings....................  EPA-453/R06-004 Control Techniques Guidelines for Flat Wood
                                                  Paneling Coatings.
Large Appliance Coatings.......................  EPA-453/R-07-004 Control Techniques Guidelines for Large
                                                  Appliance Coatings.
Paper, Film and Foil Coatings..................  EPA-453/R-07-003 Control Techniques Guidelines for Paper, Film,
                                                  and Foil Coatings.
Automobile and Light-Duty Truck Assembly         EPA-452/R-08-006 Control Techniques Guidelines for Automobile
 Coatings.                                        and Light-Duty Truck Assembly Coatings.
Miscellaneous Industrial Adhesives.............  EPA 453/R-08-005 Control Techniques Guidelines for
                                                  Miscellaneous Industrial Adhesives.
Flexible Package Printing......................  EPA 453/R-06-003 Control Techniques Guidelines for Flexible
                                                  Package Printing.
Metal Furniture Coatings.......................  EPA 453/R-07-005 Control Techniques Guidelines for Metal
                                                  Furniture Coatings.
Fiberglass Boat Manufacturing Materials........  EPA 453/R-08-004 Control Techniques Guidelines for Fiberglass
                                                  Boat Manufacturing Materials.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve VCAPCD's 2009 RACT SIP including the above 
negative declarations because we determined that it complied with the 
relevant CAA requirements. Our proposed action contains more 
information on the submitted document and our evaluation.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments.

III. EPA Action

    No comments were submitted. Therefore, as authorized in section 
110(k)(3) of the Act, EPA is fully approving this document, including 
the negative declarations into the California SIP.

IV. 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

[[Page 27763]]

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 July 14, 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. 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: April 25, 2014.
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 paragraph (c)(437)to read as 
follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (437) New and amended regulations for the following APCD was 
submitted on November 17, 2009 by the Governor's designee.
    (i) [Reserved]
    (ii) Additional Material
    (A) Ventura County Air Pollution Control District.
    (1) Reasonably Available Control Technology State Implementation 
Plan Revision (2009 RACT SIP Revision) as adopted on September 15, 2009 
(``2009 RACT SIP'').
0
3. Section 52.222 is amended by adding paragraph (a)(10)(i) to read as 
follows:


Sec.  52.222  Negative declarations.

* * * * *
    (a) * * *
    (10) Ventura County Air Pollution Control District.
    (i) EPA-453/R06-004 Control Techniques Guidelines for Flat Wood 
Paneling Coatings; EPA-453/R-07-004 Control Techniques Guidelines for 
Large Appliance Coatings; EPA-453/R-07-003 Control Techniques 
Guidelines for Paper, Film, and Foil Coatings; EPA-452/R-08-006 Control 
Techniques Guidelines for Automobile and Light-Duty Truck Assembly 
Coatings; EPA 453/R-08-005 Control Techniques Guidelines for 
Miscellaneous Industrial Adhesives; EPA 453/R-06-003 Control Techniques 
Guidelines for Flexible Package Printing; EPA 453/R-07-005 Control 
Techniques Guidelines for Metal Furniture Coatings; and EPA 453/R-08-
004 Control Techniques Guidelines for Fiberglass Boat Manufacturing 
Materials were submitted on November 17, 2009 and adopted on September 
15, 2009.
* * * * *
[FR Doc. 2014-11087 Filed 5-14-14; 8:45 am]
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