[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Rules and Regulations]
[Pages 40675-40677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16293]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0323; FRL-9913-12-Region 9]


Revisions to the California State Implementation Plan, Placer 
County 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 Placer County Air Pollution 
Control District (PCAPCD) and South Coast Air Quality Management 
District (SCAQMD) portions of the California State Implementation Plan 
(SIP). Under the Clean Air Act (CAA or the Act), we are rescinding 
local rules that concern volatile organic compound (VOC) emissions from 
the manufacture of medium density fiberboard, melamine and phenol 
resins used in plasticizing paper and oxides of nitrogen 
(NOX) emissions from stationary internal combustion engines.

DATES: This rule is effective on September 12, 2014 without further 
notice, unless EPA receives adverse comments by August 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-
2014-0323, 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

[[Page 40676]]

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: Arnold Lazarus, EPA Region IX, (415) 
972-3024, [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. 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 rule rescissions we are approving with the dates 
that they were rescinded by the local air agencies and submitted by the 
California Air Resources Board.

                                                                Table 1--Submitted Rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
                  Local agency                      Rule No.                    Rule title                    Adopted        Rescinded       Submitted
--------------------------------------------------------------------------------------------------------------------------------------------------------
PCAPCD.........................................             229  Fiberboard Manufacturing...............       6/28/1994       4/12/2012       2/12/2014
PCAPCD.........................................             230  Plastic Products and Materials--Paper         6/28/1994       4/12/2012       2/12/2014
                                                                  Treating Operations.
SCAQMD.........................................            1110  Emissions From Stationary Internal            11/6/1981      11/14/1997       5/18/1998
                                                                  Combustion Engines (Demonstration).
--------------------------------------------------------------------------------------------------------------------------------------------------------

    On April 8, 2014 EPA determined that the submittal to rescind 
PCAPCD rules 229 and 230 met the completeness criteria in 40 CFR Part 
51 Appendix V, which must be met before formal EPA review.
    On November 18, 1998, the submittal to rescind SCAQMD Rule 1110 was 
deemed by operation of law to meet the completeness criteria in 40 CFR 
Part 51 Appendix V.

B. What is the purpose of the submitted rule rescissions?

    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. PCAPCD Rules 229 and 
230 were originally adopted because two sources, SierraPine addressed 
by Rule 229, and Formica addressed by Rule 230, were emitting 
significant VOCs. Both sources are no longer operating in PCAPCD, so 
there is no longer need for these rules in PCAPCD's local rulebook or 
the SIP. EPA's technical support document (TSD) has more information 
about these rule rescissions.
    Nitrogen oxides (NOX) help produce ground-level ozone, 
smog and particulate matter, which harm human health and the 
environment. Section 110(a) of the CAA requires States to submit 
regulations that control NOX emissions. SCAQMD Rule 1110, 
Emissions From Stationary Internal Combustion Engines (Demonstration) 
was adopted to collect emission data which SCAQMD later used to develop 
SCAQMD Rule 1110.1--Emissions From Stationary Internal Combustion 
Engines, which established emission controls on certain engines. Rule 
1110 required owners and/or operators of more than 5,000 total 
installed rated brake horsepower of existing engines to participate in 
a program to demonstrate the effectiveness of methods for the reduction 
of NOX emissions. Rule 1110 was repealed by SCAQMD because 
it was a demonstration program that has been completed. Therefore, the 
rule's provisions are no longer applicable. EPA's TSD has more 
information about this rule.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rule rescissions?

    These rules describe requirements intended to help control VOC 
emissions from fiberboard manufacturing, and plastic products and 
materials--paper treating operations in PCAPCD, and NOX 
emission data from stationary internal combustion engines used in 
demonstrating NOX emissions in SCAQMD. These rule 
rescissions must not relax existing requirements consistent with CAA 
sections 110(l) and 193. EPA policy that we used to evaluate these rule 
revisions includes ``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).

B. Do the rules meet the evaluation criteria?

    The Districts have requested rule rescissions because they no 
longer have any sources subject to these rules, they do not expect any 
new sources in the future, and any new sources would be subject to 
restrictive New Source Review permitting requirements. Therefore, we 
believe these rule rescissions are consistent with relevant policy and 
guidance.

C. EPA Recommendations To Further Improve the Rules

    Because these are rescissions, there are no recommendations to 
improve the rules.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted rule rescissions 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

[[Page 40677]]

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 
September 12, 2014. This will incorporate these rule rescissions into 
the federally enforceable SIP.
    Please note that if EPA receives adverse comments 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 September 12, 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: May 30, 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 paragraphs (c)(121)(i)(E) 
and(198)(i)(B)(3) and (4) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (121) * * *
    (i) * * *
    (E) Previously approved on May 3, 1984 in paragraph (c)(121)(i)(C) 
of this section and now deleted without replacement Rule 1110.
* * * * *
    (198) * * *
    (i) * * *
    (B) * * *
    (3) Previously approved on December 14, 1994 in paragraph 
(c)(198)(i)(B)(1) of this section and now deleted without replacement 
Rule 230.
    (4) Previously approved on June 8, 2001 in paragraph 
(c)(198)(i)(B)(2) of this section and now deleted without replacement 
Rule 229.
* * * * *
[FR Doc. 2014-16293 Filed 7-11-14; 8:45 am]
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