[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Rules and Regulations]
[Pages 48346-48348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17192]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0105; FRL-9947-69-Region 9]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing 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 (VOC) emitted from motor vehicle and mobile equipment 
refinishing operations. Under the authority of the Clean Air Act (CAA 
or the Act), this action simultaneously approves a local rule that 
regulates these emission sources and directs California to correct rule 
deficiencies.

DATES: This rule will be effective on August 24, 2016.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2016-0105 for 
this action. Generally, documents in the docket for this action are 
available electronically at http://www.regulations.gov or in hard copy 
at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-
3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at 
the hard copy location (e.g., copyrighted material, large maps, multi-
volume reports), and some may not be available in either location 
(e.g., confidential business information (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. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. 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. Proposed Action

    On April 15, 2016 (81 FR 22204), the EPA proposed a limited 
approval and limited disapproval of the following rule that was 
submitted for incorporation into the California SIP.

                                             Table 1--Submitted Rule
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           Local agency                 Rule No.             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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    We proposed a limited approval because we determined that this rule 
improves the SIP and is largely consistent with the relevant CAA 
requirements. We simultaneously proposed a limited disapproval because 
some rule provisions conflict with section 110 and part D of the Act. 
These provisions include the following:
     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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    Our proposed action contains more information on the basis for this 
rulemaking and on our evaluation of the submittal.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period we received no comments.

III. EPA Action

    No comments were submitted that change our assessment of the rule 
as described in our proposed action. Therefore, as authorized in 
sections 110(k)(3) and 301(a) of the Act, the EPA is finalizing a 
limited approval of the submitted rule. This action incorporates the 
submitted rule into the California SIP, including those provisions 
identified as deficient. As authorized under section 110(k)(3) and 
301(a), the EPA is simultaneously finalizing a limited disapproval of 
the rule.
    This final limited disapproval does not trigger sanctions or a 
federal implementation plan (FIP) clock. Sanctions will 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 EPA will 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 
such a FIP must correct. Specifically, there is no EPA control 
techniques guidelines (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

[[Page 48347]]

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 reasonably available control technology (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 does not prevent the local agency from enforcing 
it. The limited disapproval also does not prevent any portion of the 
rule from being incorporated by reference into the federally 
enforceable SIP as discussed in a July 9, 1992 EPA memo found at: 
http://www.epa.gov/nsr/ttnnsr01/gen/pdf/memo-s.pdf.

IV. 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 
EKAPCD rule 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).

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

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.

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.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

L. Petitions for Judicial Review

    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 23, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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. 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, Ozone, Particulate matter, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: June 3, 2016.
Alexis Strauss,
Acting 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.

[[Page 48348]]

Subpart F--California

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2. Section 52.220 is amended by adding paragraphs (c)(231)(i)(B) (9) 
and (c)(447)(i)(D)(5) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (231) * * *
    (i) * * *
    (B) * * *
    (9) Previously approved on November 13, 1998 in paragraph 
(c)(231)(i)(B)(4) and now deleted with replacement in (c)(447)(i)(D)(5) 
Rule 410.4A amended on March 7, 1996.
* * * * *
    (447) * * *
    (i) * * *
    (D) * * *
    (5) Rule 410.4A, ``Motor Vehicle and Mobile Equipment Refinishing 
Operations,'' amended on March 13, 2014.
* * * * *
[FR Doc. 2016-17192 Filed 7-22-16; 8:45 am]
 BILLING CODE 6560-50-P