[Federal Register Volume 81, Number 73 (Friday, April 15, 2016)]
[Proposed Rules]
[Pages 22204-22207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08508]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0105 FRL-9944-94-Region 9]


Limited Approval, Limited Disapproval of California 9+Air Plan 
Revisions, Eastern Kern Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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[[Page 22205]]

SUMMARY: The Environmental Protection Agency (EPA) is proposing a 
limited approval and limited disapproval of revisions to the Eastern 
Kern Air Pollution Control District (EKAPCD) portion of the California 
State Implementation Plan (SIP). These revisions concern volatile 
organic compounds (VOCs) emitted from motor vehicle and mobile 
equipment refinishing operations. We are proposing action on a local 
rule that regulates these emission sources under the Clean Air Act (CAA 
or the Act). We are taking comments on this proposal and plan to follow 
with a final action.

DATES: Any comments must arrive by May 16, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0105 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, 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. 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. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

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 rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule revision?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. What are the rule deficiencies?
    D. EPA Recommendations To Further Improve the Rule
    E. Proposed Action and Public Comment
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Coordination With Indian Tribal 
Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Population

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule addressed by this proposal with the dates 
that it was adopted by the local air agency and submitted by the 
California Air Resources Board (CARB).

                                             Table 1--Submitted Rule
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           Local agency                   Rule #               Rule title             Amended        Submitted
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EKAPCD...........................  410.4A.............  Motor Vehicle and Mobile        03/13/14        07/25/14
                                                         Equipment Refinishing
                                                         Operations.
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    On September 11, 2014, the submittal for EKAPCD Rule 410.4A was 
found to meet the completeness criteria in 40 CFR part 51 Appendix V, 
which must be met before formal EPA review.

B. Are there other versions of this rule?

    We approved an earlier version of Rule 410.4A into the SIP on 
November 13, 1998 (63 FR 63410). The EKAPCD adopted revisions to the 
SIP-approved version on March 13, 2014 and CARB submitted them to us on 
July 25, 2014.

C. What is the purpose of the submitted rule revision?

    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. The purpose of this rule is to limit VOC emissions from 
coatings and solvents used in production, repair, refinish, or 
maintenance operations where motor vehicles, mobile equipment, or 
associated parts and components are coated.
    The EPA's technical support document (TSD) has more information 
about this rule.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule?

    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)). The EKAPCD regulates an ozone nonattainment 
area classified as Marginal Nonattainment for the 8-hour Ozone National 
Ambient Air Quality Standard (40 CFR 81.305). In addition, EKAPCD is 
classified as Moderate for the 1997 8-hour ozone NAAQS (40 CFR 81.305). 
There is no EPA CTG for Motor Vehicle and Mobile Equipment Refinishing 
Operations and, according to CARB's facility search engine, there are 
no facilities that emit VOC in the EKAPCD for this category for the 
most recent database year of 2013. Therefore, Rule 410.4A is not 
required to implement reasonably available control technology (RACT) 
pursuant to CAA section 182(b)(2).

[[Page 22206]]

    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. ``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,'' revised January 
11, 1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the ``Little 
Bluebook'').
4. Code of Federal Regulations (CFR) Title 40, Subpart B, Table 1, 
``Volatile Organic Compound Emission Standards for Automobile 
Refinish Coatings'' (40 CFR part 59, subpart B, table 1).

B. Does the rule meet the evaluation criteria?

    Rule 410.4A improves the SIP by establishing more stringent 
emission limits, and by clarifying labeling, test methods and 
recordkeeping provisions. The rule is largely consistent with CAA 
requirements and relevant guidance regarding enforceability, stringency 
and SIP revisions. Rule provisions that do not meet the evaluation 
criteria are summarized below and discussed further in the TSD.

C. What are the rule deficiencies?

    These provisions do not satisfy the requirements of section 110 and 
part D of title I of the Act and prevent full approval of the SIP 
revision.
     Paragraph VI(A), ``VOC Content Limits,'' provides VOC 
limits for cavity wax, deadener, gasket/gasket sealing material, 
lubricating wax/compounds and trunk interior coatings. However, in 
conflict with long-standing guidance on enforceability such as 
discussed in the Bluebook, these terms are not defined in the rule.\1\
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    \1\ See ``Issues Relating to VOC Regulation Cutpoints, 
Deficiencies, and Deviations,'' (a.k.a., Bluebook) EPA OAQPS, May 
25, 1988. P2-7.
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D. EPA Recommendations To Further Improve the Rule

    The TSD describes additional rule revisions that we recommend for 
the next time the local agency modifies the rule.

E. Proposed Action and Public Comment

    As authorized in sections 110(k)(3) and 301(a) of the Act, the EPA 
is proposing a limited approval of the submitted rule. If finalized, 
this action would incorporate the submitted rule into the SIP, 
including those provisions identified as deficient. This approval is 
limited because EPA is simultaneously proposing a limited disapproval 
of the rule under section 110(k)(3).
    Neither sanctions nor a Federal Implementation Plan (FIP) would be 
imposed should the EPA finalize this limited disapproval. Sanctions 
would not be imposed under CAA 179(b) because the submittal of Rule 
410.4A is discretionary (i.e., not required to be included in the SIP), 
and the EPA would not promulgate a FIP in this instance under CAA 
110(c)(1) because the disapproval does not reveal a deficiency in the 
SIP for the area that a FIP must correct. Specifically, there is no EPA 
CTG for Motor Vehicle and Mobile Equipment Refinishing Operations and, 
according to CARB's Facility Search Engine, there are no facilities 
that emit VOC in the EKAPCD for this category for the most recent 
database year of 2013. Accordingly, the failure of the EKAPCD to adopt 
revisions to Rule 410.4A would not adversely affect the SIP's 
compliance with the CAA's requirements, such as the requirements for 
section 182 ozone RACT, reasonable further progress, and attainment 
demonstrations.
    Note that the submitted rule has been adopted by the EKAPCD, and 
the EPA's final limited disapproval would not prevent the local agency 
from enforcing it. The limited disapproval also would not prevent any 
portion of the rule from being incorporated by reference into the 
federally enforceable SIP.
    We will accept comments from the public on the proposed limited 
approval and limited disapproval for the next 30 days.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference EKAPCD Rule 410.4A as described in Table 1 of this notice. 
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

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because this action does not impose additional requirements 
beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities beyond those 
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
State, local, or tribal governments, or to the private sector, will 
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because 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, and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law. Thus, Executive Order 13175 does not apply to this action.

[[Page 22207]]

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not impose additional 
requirements beyond those imposed by state law.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    The EPA lacks the discretionary authority to address environmental 
justice in this rulemaking.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Particulate matter, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: April 4, 2016.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2016-08508 Filed 4-14-16; 8:45 am]
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