[Federal Register Volume 80, Number 81 (Tuesday, April 28, 2015)]
[Rules and Regulations]
[Pages 23449-23452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09737]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0873; FRL-9926-19-Region 9]


Revisions to the California State Implementation Plan, Yolo-
Solano 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 Yolo-Solano Air Quality 
Management District (YSAQMD) portion of the California State 
Implementation Plan (SIP). These revisions concern volatile organic 
compound (VOC) emissions from solvent cleaning and degreasing 
operations. We are approving local rules that regulate these emission 
sources under the Clean Air Act (CAA or the Act).

DATES: This rule is effective on June 29, 2015 without further notice, 
unless EPA receives adverse comments by May 28, 2015. If we receive 
such comments, we will publish a timely withdrawal in the

[[Page 23450]]

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-
2014-0873 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: 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. 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 agency and submitted by the California 
Air Resources Board.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                     Adopted/
       Local agency            Rule No.          Rule title           Revised        Rescinded       Submitted
----------------------------------------------------------------------------------------------------------------
YSAQMD....................            1.1   General Provisions          5/8/2013             N/A         2/10/14
                                             and Definitions.
YSAQMD....................            2.13  Organic Solvents             5/25/94        * 9/4/14  ..............
                                             (Rescinded).
YSAQMD....................            2.15  Disposal and                    1978        * 9/4/14  ..............
                                             Evaporation of
                                             Solvents
                                             (Rescinded).
YSAQMD....................            2.24  Solvent Cleaning            11/14/90        * 9/4/14  ..............
                                             Operations
                                             (Degreasing)
                                             (Rescinded).
YSAQMD....................            2.31  Solvent Cleaning and          5/8/13             N/A         2/10/14
                                             Degreasing.
----------------------------------------------------------------------------------------------------------------
* See letter from Mat Ehrhardt, Executive Director, YSAQMD to Kurt Karperos, Chief, Air Quality Planning and
  Science Division, California Air Resources Board, requesting that YSAQMD Rules 2.13, 2.15 and 2.24 be
  withdrawn from the California SIP.

    On May 5, 2014, EPA determined that the submittal for YSAQMD Rules 
1.1 and 2.31 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 previous versions of Rules 1.1 and 2.31 in the SIP. 
YSAQMD adopted earlier versions of these rules on August 13, 1997 and 
April 27, 1994 respectively, and CARB submitted them to us on July 26, 
2000 and November 30, 1994 respectively. We approved these versions of 
Rule 1.1 and 2.31 into the SIP on March 22, 2004 (69 FR 13234) and 
April 2, 1999 (64 FR 15922) respectively.

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. Rule 1.1--``General 
Provisions and Definitions,'' contains definitions for specific terms 
applicable to all District rules. The revisions include additions to 
the exempt organic compound definition to coincide with those that EPA 
has determined to have negligible photochemical reactivity as listed in 
Title 40 of the Code of Federal Regulations Part 51.100 (40 CFR 
51.100.) Rule 2.31, ``Solvent Cleaning and Degreasing'' establishes VOC 
limits and workplace requirements for cleaning and degreasing products 
sold, distributed or used within the District. It also prescribes 
administrative requirements for recordkeeping and test methods. YSAQMD 
has rescinded Rule 2.13, ``Organic Solvents,'' Rule 2.15 ``Disposal and 
Evaporation of Solvents,'' and Rule 2.24, ``Solvent Cleaning Operations 
(Degreasing)'' because the requirements of those rules are now included 
in the revised Rule 2.31, ``Solvent Cleaning and Degreasing'' and had 
they not been rescinded, there would have been redundancies between 
them and Rule 2.31. EPA's technical support documents (TSDs) 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 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

[[Page 23451]]

110(l) and 193). The YSAQMD regulates an ozone nonattainment area 
classified as Severe for the 8-hour ozone (NAAQS 40 CFR part 81.305), 
so Rules 1.1 and 2.31 must be consistent with RACT requirements.
    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. Control of Volatile Organic Emissions from Solvent Metal 
Cleaning'' EPA-450/2-77-022, November 1977.
    5. ``Control Technique Guidelines for Industrial Cleaning 
Solvents'' EPA-453/R-06-001, September 2006.
    6. ``Control Technique Guidelines for Flexible Package Printing'' 
EPA 453/R-06-003, September 2006.
    7. ``Control of Volatile Organic Compound Emissions from Coating 
Operations at Aerospace manufacturing and Rework Operations'' EPA-453/
R-97-004, December 1997.
    8. CARB's RACT/BARCT guidance titled, ``Organic Solvent Cleaning 
and Degreasing Operations'' (July 18, 1991)

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 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 submitted YSAQMD Rules 1.1 and 2.31 for incorporation into 
the SIP and to replace in the SIP YSAQMD Rules 2.13, 2.15, 2.24, 
because we believe action on these rules fulfills all relevant 
requirements. We are also removing YSAQMD rules 2.13, 2.15 and 2.24 
from the SIP because 2.31 contains more stringent requirements and 
eliminates redundancies. 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 the same action on these rules. If we receive 
adverse comments by May 28, 2015, 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 June 29, 2015. This will incorporate YSAQMD 
Rules 1.1 and 2.31 and replace YSAQMD Rules 2.13, 2.15 and 2.24 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 June 29, 2015. 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

[[Page 23452]]

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, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: March 30, 2015.
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)(442)(i)(F) to 
read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (442) * * *
    (i) * * *
    (F) Yolo-Solano Air Quality Management District.
    (1) Rule 1.1, ``General Provisions and Definitions,'' revised on 
May 8, 2013.
    (2) Rule 2.31, ``Solvent Cleaning and Degreasing,'' revised on May 
8, 2013.
* * * * *
[FR Doc. 2015-09737 Filed 4-27-15; 8:45 am]
 BILLING CODE 6560-50-P