[Federal Register Volume 81, Number 192 (Tuesday, October 4, 2016)]
[Rules and Regulations]
[Pages 68320-68322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23837]



[[Page 68320]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0291; FRL-9952-13-Region 9]


Approval of California Air Plan Revisions, Sacramento 
Metropolitan Air Quality Management District and San Diego County Air 
Pollution Control 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 Sacramento Metropolitan Air 
Quality Management District (SMAQMD) and the San Diego County Air 
Pollution Control District (SDCAPCD) portions of the California State 
Implementation Plan (SIP). These revisions concern emissions of 
volatile organic compounds (VOCs) from architectural coatings. 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 December 5, 2016 without further 
notice, unless the EPA receives adverse comments by November 3, 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 your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0291 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 rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules and rule 
rescission?
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/        Repealed/
         Local agency             Rule number      Rule title         amended        rescinded       Submitted
----------------------------------------------------------------------------------------------------------------
SDCAPCD.......................            67.0  Architectural           12/12/01         6/24/15        11/13/15
                                                 Coatings.
SDCAPCD.......................          67.0.1  Architectural            6/24/15  ..............        11/13/15
                                                 Coatings.
SMAQMD........................             442  Architectural            9/24/15  ..............         3/11/16
                                                 Coatings.
----------------------------------------------------------------------------------------------------------------

    On April 19, 2016, the EPA determined that the submittal for SMAQMD 
Rule 442 met the completeness criteria in 40 CFR part 51, appendix V, 
which must be met before formal EPA review. On January 19, 2016, the 
EPA determined that the submittals for SDCAPCD Rules 67.0 and 67.0.1 
met the completeness criteria.

B. Are there other versions of these rules?

    There are no previous versions of Rule 67.0.1 in the SIP. We 
approved earlier versions of Rule 442 into the SIP on November 9, 1998 
(63 FR 60214) and Rule 67.0 on June 20, 2013 (78 FR 37130).

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

    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. Architectural coatings are applied to stationary structures 
and their accessories. They include house paints, stains, industrial 
maintenance coatings, traffic coatings, and many other products. VOCs 
are emitted from the coatings during application and curing, and from 
the associated solvents used for thinning and clean-up. SMAQMD Rule 442 
controls VOC emissions from architectural coatings by establishing VOC 
limits on any architectural coating supplied, sold, offered for sale or 
manufactured for use within the SMAQMD. Rule 442 was revised to align 
SMAQMD's architectural coatings practices and VOC limits with those 
contained in CARB's ``2007 Suggested Control Measures for Architectural 
Coatings'' (SCM),\1\ which are more stringent and make use of newer 
coating categories than the previous version of Rule 442.
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    \1\ http://www.arb.ca.gov/coatings/arch/docs.htm.
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    Similarly, SDCAPCD Rule 67.0.1 was adopted to align SDCAPCD's 
architectural coatings practices and VOC limits with those contained in 
CARB's SCM. Rule 67.0.1 replaces SDCAPCD Rule 67.0, which was 
rescinded. SDCAPCD elected to make these changes in a new rule, rather 
than in revisions to Rule 67.0, ``due to the large number of revisions 
to existing Rule 67.0 that would be necessary to reflect the 2007 
SCM.'' \2\
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    \2\ Letter from Robert J. Kard, Air Pollution Control Officer of 
the SDCAPCD to the San Diego Air Pollution Control Board, June 24, 
2015, p3.

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[[Page 68321]]

    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 stationary 
source of VOCs in ozone nonattainment areas classified as moderate or 
above (see CAA sections 182(b)(2)). The SMAQMD has been designated as 
severe nonattainment for the 2008 8-hour ozone National Ambient Air 
Quality Standard (NAAQS). The SDCAPCD regulates an ozone nonattainment 
area classified as moderate for the 2008 8-Hour Ozone NAAQS (40 CFR 
81.305). As addressed further in the TSDs, because there are no 
relevant EPA CTG documents and because architectural coatings are 
considered area sources, architectural coating sources are not subject 
to RACT requirements. However, architectural coating sources are 
subject to other VOC content limits and control measures described in 
the TSDs.
    Guidance and policy documents that we use to evaluate 
enforceability, SIP 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. ``Suggested Control Measure for Architectural Coatings,'' CARB, 
October 2007.
    5. Code of Federal Regulations (CFR), title 40, part 59, subpart 
D--National Volatile Organic Compound Emission Standards for 
Architectural Coatings (40 CFR 59.400 et seq.).

B. Do the rules meet the evaluation criteria?

    We believe these rules and rule rescission 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 but which 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 and rule rescission 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 and rule rescission. If we receive adverse comments by 
November 3, 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 December 5, 2016. This will incorporate these rules and this 
rule rescission 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 
SMAQMD and SDCAPCD 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 through www.regulations.gov and at the EPA Region 
IX Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT 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 (Public Law 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

[[Page 68322]]

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 5, 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 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, Particulate matter, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: August 24, 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.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(255)(i)(A)(7), 
(c)(354)(i)(F)(4), (c)(472)(i)(C), and (c)(474)(i)(B) to read as 
follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (255) * * *
    (i) * * *
    (A) * * *
    (7) Previously approved on November 9, 1998, in paragraph 
(c)(255)(i)(A)(2) of this section and now deleted with replacement in 
paragraph (c)(474)(i)(B)(1) of this section, Rule 442, adopted on 
September 5, 1996.
* * * * *
    (354) * * *
    (i) * * *
    (F) * * *
    (4) Previously approved on June 20, 2013, in paragraph 
(c)(354)(i)(F)(3) of this section and now deleted without replacement, 
Rule 67.0, ``Architectural Coatings,'' adopted on December 12, 2001.
* * * * *
    (472) * * *
    (i) * * *
    (C) San Diego Air Pollution Control District.
    (1) Rule 67.0.1, ``Architectural Coatings,'' adopted on June 24, 
2015.
* * * * *
    (474) * * *
    (i) * * *
    (B) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 442, ``Architectural Coatings,'' amended on September 24, 
2015.
* * * * *
[FR Doc. 2016-23837 Filed 10-3-16; 8:45 am]
 BILLING CODE 6560-50-P