[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)]
[Rules and Regulations]
[Pages 60040-60043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25161]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0510; FRL-9934-04-Region 9]


Revisions to the California State Implementation Plan, Antelope 
Valley 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) portion of the California State 
Implementation Plan (SIP). These revisions largely concern volatile 
organic compound (VOC) emissions from graphic arts facilities and 
aerospace assembly and coating operations. We are approving local rules 
that regulate these emission sources under the Clean Air Act (CAA or 
the Act). These revisions also address rescission of two rules no 
longer required, and administrative revisions to the emergency episode 
plan requirements.

DATES: This rule is effective on December 4, 2015 without further 
notice, unless the EPA receives adverse comments by November 4, 2015. 
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-
2015-0510, 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 the 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 the EPA, your 
email address will be automatically captured and included as part of 
the public comment. If the EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, the 
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: Vanessa Graham, EPA Region IX, (415) 
947-4120 [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to the 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 rules and rule 
revisions?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA Recommendations To Further Improve These Rules
    D. Public Comment and Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules addressed by this action with the dates 
that they were amended or rescinded by AVAQMD and submitted by the 
California Air Resources Board (CARB). Table 2 provides Federal 
Register dates and citations for when the EPA approved into the SIP the 
two rules that are now being rescinded.

                                            Table 1--Submitted Rules
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             Local agency                Rule No.          Rule title          Rescinded    Amended    Submitted
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AVAQMD................................         701  Air Pollution Emergency   ..........    04/15/14    11/06/14
                                                     Contingency Actions.
AVAQMD................................        1110  Emissions from              01/15/13  ..........    05/13/14
                                                     Stationary Internal
                                                     Combustion Engines
                                                     (Demonstration).
AVAQMD................................        1124  Aerospace Assembly and    ..........    08/20/13    05/13/14
                                                     Component Manufacturing
                                                     Operations.
AVAQMD................................        1128  Paper, Fabric and Film      11/19/13  ..........    05/13/14
                                                     Coating Operations.
AVAQMD................................        1130  Graphic Arts............  ..........    11/19/13    05/13/14
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[[Page 60041]]


                                         Table 2--Rules To Be Rescinded
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                                                                                   SIP Approval
           Local agency                Rule No.              Rule title                date         FR Citation
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SCAQMD............................            1110  Emissions from Stationary         05/03/1984     49 FR 18822
                                                     Internal Combustion Engines
                                                     (Demonstration).
SCAQMD............................            1128  Paper, Fabric and Film            12/20/1993     58 FR 66286
                                                     Coating Operations.
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    On June 18, 2014, the EPA determined that the submittal for AVAQMD 
Rules 1110, 1124, 1128 and 1130 met the completeness criteria in 40 CFR 
part 51 Appendix V, which must be met before formal EPA review. On 
December 18, 2014, the EPA determined that the submittal for AVAQMD 
Rule 701 met the completeness criteria as well.

B. Are there other versions of these rules?

    We approved earlier versions of Rules 701, 1124, 1130, 1110 and 
1128 into the SIP on March 7, 2003 (68 FR 10966), May 6, 1996 (61 FR 
20136), October 31, 1995 (60 FR 55312), May 3, 1984 (49 FR 18822) and 
December 20, 1993 (58 FR 66286) respectively.

C. What is the purpose of the submitted rules and rule revisions?

    VOCs help produce ground-level ozone and smog that can harm human 
health and the environment. Section 110(a) of the CAA requires States 
to submit regulations that control VOC emissions.
    Rule 701 is intended to fulfill requirements for emergency episode 
plans described in CAA sections 110(a)(1) and (a)(2). The proposed 
amendments to Rule 701 are mainly administrative in nature. In 
addition, the episode criteria for PM was adjusted.
    AVAQMD rescinded Rule 1110 because the demonstration program 
adopted from the South Coast Air Quality Management District (SCAQMD) 
prior to the formation of the AVAQMD is no longer in use. The EPA 
previously approved SCAQMD's rescission of Rule 1110 from the SCAQMD 
portion of the SIP on July 14, 2014 (79 FR 40675). We are now similarly 
rescinding the rule from the AVAQMD portion of the SIP. We are also 
amending the language at 40 CFR part 52 Subpart F to clarify that our 
earlier approval applied only to the SCAQMD portion of the SIP.
    Rule 1124 limits VOC emissions from aerospace primers, coatings, 
adhesives, maskants and lubricants and from cleaning, stripping, 
storage and disposal of organic solvents and waste materials associated 
with the use of the above mentioned aerospace material categories.
    AVAQMD rescinded Rule 1128 and incorporated all substantive 
requirements of this Rule into the amended version of AVAQMD Rule 1130, 
which we are approving in this action. The rescission of the AVAQMD 
portion of SCAQMD Rule 1128 shall have no effect on SCAQMD Rule 1128 
currently approved in the South Coast portion of the SIP.\1\
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    \1\ SCAQMD Rule 1128 was originally developed as part of the 
SCAQMD's program to control volatile organic compounds (VOC). At the 
time the rule was adopted, the area controlled by the SCAQMD 
included the portion of Los Angeles County located in the Mojave 
Desert Air Basin, known as the Antelope Valley. In 1997, the 
Antelope Valley Air Pollution Control District (AVAPCD) was formed 
pursuant to statute, and assumed the duties and powers of the SCAQMD 
in the Antelope Valley. AVAQMD was created to replace AVAPCD in 
2002.
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    Rule 1130 limits VOC emissions from graphic arts processes, largely 
by establishing work practice requirements and limiting the amount of 
VOC in graphic arts coatings, inks and solvents. The amendments to Rule 
1130 were submitted to satisfy Reasonably Available Control Technology 
(RACT) requirements under CAA sections 172(c)(1) and 182(b).
    The EPA's technical support documents (TSD) have more information 
about these rules.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rules?

    SIP rules must be enforceable (see CAA section 110(a)(2)), must not 
interfere with applicable requirements concerning attainment and 
reasonable further progress or other CAA requirements (see CAA section 
110(l)), and must not modify certain SIP control requirements in 
nonattainment areas without ensuring equivalent or greater emissions 
reductions (see CAA section 193).
    AVAQMD regulates an ozone nonattainment area classified as severe 
under both the 1997 and 2008 eight-hour ozone NAAQS. 40 CFR 81.305. CAA 
section 172(c)(1) requires nonattainment areas to implement all 
reasonably available control measures (RACM), including such reductions 
in emissions from existing sources in the area as may be obtained 
through the adoption, at a minimum, of RACT, as expeditiously as 
practicable. Additional control measures for graphic arts processes may 
be required pursuant to CAA section 172(c)(1) if both: (1) Additional 
measures are reasonably available; and (2) these additional reasonably 
available measures will advance attainment of one or more ozone 
standards in the area or contribute to reasonable further progress 
(RFP) when considered collectively (see 80 FR 12264, 12282). In 
addition, SIP rules must require 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 CAA section 182(b)(2)). Since Rules 1124 and 
1130 regulate sources subject to a CTG in a severe nonattainment area, 
they must implement RACT. RACT is not required of Rules 701, 1110 and 
1128 as discussed in the TSDs.
    Guidance and policy documents that we use to evaluate 
enforceability, revision/relaxation and rule stringency requirements 
for the applicable criteria pollutants include the following:
    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations'' (``the Bluebook,'' U.S. EPA, May 25, 1988; revised January 
11, 1990).
    2. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies'' (``the Little Bluebook'', EPA Region 9, August 21, 
2001).
    3. ``Control Techniques Guidelines (CTG) for Offset Lithographic 
Printing and Letterpress Printing'', September 2006 (EPA 453/R-06-002).
    4. ``Control Techniques Guidelines (CTG) for Flexible Package 
Printing'', September 2006 (EPA 453/R-06-003).
    5. ``Control Techniques Guidelines (CTG) for Paper, Film, and Foil 
Coatings'', September 2007 (EPA 453/R-07-003).
    6. ``Guidance on Infrastructure State Implementation Plan (SIP) 
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2); USEPA 
Memorandum dated September 13, 2013.
    7. 40 CFR part 51, subpart H--Prevention of Air Pollution Emergency 
Episodes.

[[Page 60042]]

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 These Rules

    The TSDs describe additional rule revisions that we recommend for 
the next time the local agency modifies Rules 701, 1124 and 1130, but 
are not currently the basis for rule disapproval.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, the EPA is fully 
approving the submitted Rules 701, 1124 and 1130 because we believe 
they fulfill all relevant requirements. We are also approving 
rescission of Rules 1110 and 1128. 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 action. If we receive adverse comments by November 4, 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 December 4, 
2015. This will incorporate AVAQMD Rules 701, 1124 and 1130 into the 
federally enforceable SIP and remove the Antelope Valley portion of the 
SCAQMD Rules 1110 and 1128 from the federally enforceable SIP.
    Please note that if the 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, the EPA may adopt as final 
those provisions of the rule that are not the subject of an adverse 
comment.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
AVAQMD rules described in the amendments to 40 CFR part 52 set forth 
below. The EPA has made, and will continue to make, these documents 
available electronically through www.regulations.gov and in hard copy 
at the appropriate EPA office (see the ADDRESSES section of this 
preamble for more information).

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, the 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 the 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 the 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. The 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 December 4, 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 comment in response to the parallel 
notice of proposed rulemaking for this action published in the Proposed 
Rules section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that the 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, Reporting and recordkeeping 
requirements, Volatile organic compounds.


[[Page 60043]]


    Dated: September 1, 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:
0
a. Revising paragraph (c)(121)(i)(E); and
0
b. Adding paragraphs (c)(121)(i)(F), (c)(189)(i)(A)(9), (c)(441)(i)(E), 
and (c)(457)(i)(F).
    The revision and additions 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 for implementation 
in the South Coast Air Quality Management District, Rule 1110.
    (F) Previously approved on May 3, 1984 in paragraph (c)(121)(i)(C) 
of this section and now deleted without replacement for implementation 
in the Antelope Valley Air Quality Management District, Rule 1110.
* * * * *
    (189) * * *
    (i) * * *
    (A) * * *
    (9) Previously approved on December 20, 1993 in paragraph 
(c)(189)(i)(A)(3) of this section and now deleted without replacement 
for implementation in the Antelope Valley Air Quality Management 
District, Rule 1128.
* * * * *
    (441) * * *
    (i) * * *
    (E) Antelope Valley Air Quality Management District.
    (1) Rule 1124, ``Aerospace Assembly and Component Manufacturing 
Operations,'' amended on August 20, 2013.
    (2) Rule 1130, ``Graphic Arts,'' amended on November 19, 2013.
* * * * *
    (457) * * *
    (i) * * *
    (F) Antelope Valley Air Quality Management District.
    (1) Rule 701, ``Air Pollution Emergency Contingency Actions,'' 
amended on April 15, 2014.
* * * * *
[FR Doc. 2015-25161 Filed 10-2-15; 8:45 am]
 BILLING CODE 6560-50-P