[Federal Register Volume 80, Number 235 (Tuesday, December 8, 2015)]
[Rules and Regulations]
[Pages 76219-76222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30828]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0690; FRL-9937-29-Region 9]


Approval of California Air Plan Revisions, South Coast Air 
Quality Management District and 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 South Coast Air Quality 
Management District (SCAQMD) and Yolo-Solano Air Quality Management 
District (YSAQMD) portions of the California State Implementation Plan 
(SIP). These revisions concern emissions of volatile organic compounds 
(VOCs) from motor vehicle and mobile equipment refinishing coating 
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 February 8, 2016 without further 
notice, unless the EPA receives adverse comments by January 7, 2016. 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-
2015-0690, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the 
online 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: Once submitted, comments cannot be edited or 
withdrawn. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. If you need to include CBI as part 
of your comment, please visit http://www.epa.gov/dockets/comments.html 
for further instructions. Multimedia submissions (audio, video, etc.) 
must be accompanied by a written comment. The written comment is 
considered the official comment and should include discussion of all 
points you wish to make. For the full EPA public comment policy and 
general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: Generally, documents in the docket for this action are 
available electronically at www.regulations.gov or in hard copy at EPA 
Region IX, 75

[[Page 76220]]

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 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 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 the 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 adopted by the local air agencies and submitted by the 
California Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                                          Adopted/
              Local agency                  Rule No.              Rule title              revised     Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD..................................         1151  Motor Vehicle and Mobile            09/05/14     04/07/15
                                                        Equipment Non-Assembly Line
                                                        Coating Operations.
YSAQMD..................................         2.26  Motor Vehicle and Mobile            10/10/08     06/26/15
                                                        Equipment Coating Operations.
----------------------------------------------------------------------------------------------------------------

    On April 30, 2015 and August 13, 2015, the EPA determined that the 
submittals for SCAQMD Rule 1151 and YSAQMD Rule 2.26 respectively 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 1151 and 2.26 in the SIP. The 
SCAQMD and the YSAQMD adopted earlier versions of these rules on June 
13, 1997 and April 27, 1994 respectively, and CARB submitted them to us 
on March 10, 1998 and February 24, 1995 respectively. We approved these 
versions of Rules 1151 and 2.26 into the SIP on August 13, 1999 (64 FR 
44134) and April 30, 1996 (61 FR 18962) respectively. The SCAQMD 
amended Rule 1151 on December 2, 2005, and CARB submitted the amended 
rule to us on April 6, 2009. We approved this version of Rule 1151 on 
September 24, 2013 (78 FR 58459).

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

    VOCs help produce ground-level ozone, smog and particulate matter 
(PM), which harm human health and the environment. Section 110(a) of 
the CAA requires States to submit regulations that control VOC 
emissions. Rules 1151 and 2.26 establish limits on the emission of VOC 
and workplace standards for motor vehicle and mobile equipment coating 
operations. They also regulate related recordkeeping, reporting, and 
monitoring requirements. The EPA's technical support documents (TSDs) 
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).
    Generally, SIP rules must require Reasonably Available Control 
Technology (RACT) for each category of sources covered by a Control 
Techniques Guidelines (CTG) document as well as each major source of 
VOCs in ozone nonattainment areas classified as moderate or above (see 
CAA section 182(b)(2)). SCAQMD and YSAQMD regulate ozone nonattainment 
areas classified as extreme and severe respectively for the 2008 8-Hour 
Ozone National Ambient Air Quality Standards (NAAQS) (40 CFR 81.305). 
There are no EPA CTG documents relevant to the sources addressed by 
these rules. However, CARB's ``Suggested Control Measures for 
Automotive Coating'' is useful in defining RACT for these activities.
    Guidance and policy documents that we used to evaluate 
enforceability, revision/relaxation and rule stringency requirements 
for the applicable criteria pollutants 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 and 57 FR 18070, April 28, 1992).
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, 
and Deviations'' (``the Bluebook,'' U.S. EPA, May 25, 1988; revised 
January 11, 1990).
    3. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies'' (``the Little Bluebook,'' EPA Region 9, August 21, 
2001).
    4. The Code of Federal Regulations (CFR) Title 40 Subpart B 
National Volatile Organic Compound Emission Standards for Automobile 
Refinish Coatings Sec.  59.102 Standards table 1 (40 CFR 59.102, 
table 1).
    5. SCAQMD Rule 1151, ``Motor Vehicle and Mobile Equipment Non-
Assembly Line Coating Operations,'' approved into the SIP on 
September 24, 2013 (78 FR 58459).
    6. SCAQMD Rule 1151, ``Motor Vehicle and Mobile Equipment Non-
Assembly Line Coating Operations,'' amended September 5, 2014.
    7. YSAQMD Rule 2.26, ``Motor Vehicle and Mobile Equipment 
Coating Operations,'' approved into the SIP on April 30, 1996 (61 FR 
18962).
    8. YSAQMD Rule 2.26, ``Motor Vehicle and Mobile Equipment 
Coating Operations,'' amended October 10, 2008.

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 Rule(s)

    The TSDs describe additional rule revisions that we recommend for 
the next time the local agency modifies the

[[Page 76221]]

rules 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 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 January 7, 2016, 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 February 8, 2016. This will incorporate these 
rules into 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 
SCAQMD and YSAQMD 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 CAA, 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 CAA. 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 February 8, 2016. 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 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, Inter-governmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: November 5, 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 paragraphs (c)(461)(i)(C) and 
(c)(463)(i)(B) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (461) * * *
    (i) * * *

[[Page 76222]]

    (C) South Coast Air Quality Management District.
    (1) Rule 1151, ``Motor Vehicle and Mobile Equipment Non-Assembly 
Line Coating Operations,'' amended on September 5, 2014.
* * * * *
    (463) * * *
    (i) * * *
    (B) Yolo-Solano Air Quality Management District.
    (1) Rule 2.26, ``Motor Vehicle and Mobile Equipment Coating 
Operations,'' revised on December 10, 2008.
* * * * *
[FR Doc. 2015-30828 Filed 12-7-15; 8:45 am]
 BILLING CODE 6560-50-P