[Federal Register Volume 82, Number 118 (Wednesday, June 21, 2017)]
[Rules and Regulations]
[Pages 28240-28243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12475]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0647; FRL-9960-40-Region 9]


Approval of California Air Plan Revisions, Mojave Desert Air 
Quality Management District, Northern Sierra 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 Mojave Desert Air Quality 
Management District (MDAQMD), Northern Sierra Air Quality Management 
District (NSAQMD), and San Diego County Air Pollution Control District 
(SDCAPCD) portions of the California State Implementation Plan (SIP). 
These revisions concern aerospace assembly, rework, and component 
manufacturing operations; emissions statements and recordkeeping; and 
definitions, respectively. We are approving local rules that regulate 
these sources and issues under the Clean Air Act (CAA or the Act).

DATES: This rule is effective on August 21, 2017 without further 
notice, unless the EPA receives adverse comments by July 21, 2017. 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-2016-0647 at http://www.regulations.gov, or via email to Andrew 
Steckel, Rulemaking Office Chief at [email protected]. For 
comments submitted at Regulations.gov, follow the online instructions 
for submitting comments. Once submitted, comments cannot be removed or 
edited 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 rule 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 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

[[Page 28241]]

submitted by the California Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                                     Adopted/
           Local agency                  Rule No.              Rule title            amended/        Submitted
                                                                                      revised
----------------------------------------------------------------------------------------------------------------
MDAQMD...........................  1118                 Aerospace Assembly,           10/26/2015       4/21/2016
                                                         Rework and Component
                                                         Manufacturing
                                                         Operations.
NSAQMD...........................  513                  Emissions Statements and       6/27/2016        9/6/2016
                                                         Recordkeeping.
SDCAPCD..........................  2                    Definitions.............       6/14/2016       8/22/2016
----------------------------------------------------------------------------------------------------------------

    On September 27, 2016, the EPA determined that the submittal for 
SDCAPCD Rule 2 met the completeness criteria in 40 CFR part 51 Appendix 
V, which must be met before formal EPA review. On May 18, 2016, the EPA 
determined that the submittal for MDAQMD Rule 1118 met the completeness 
criteria. On September 28, 2016, the EPA determined that the submittal 
for NSAQMD Rule 513 met the completeness criteria.

B. Are there other versions of these rules?

    There are no previous versions of NSAQMD Rule 513 in the SIP. We 
approved an earlier version of MDAQMD Rule 1118 into the SIP on August 
17, 1998 (63 FR 43884). We approved an earlier version of SDAPCD Rule 2 
into the SIP on September 17, 2010 (75 FR 56889).

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

    Volatile Organic Compounds (VOCs) help produce ground-level ozone, 
smog and particulate matter, which harm human health and the 
environment. Section 110(a) of the CAA requires states to submit 
regulations that control VOC emissions.
    MDAQMD Rule 1118 limits VOC emissions from aerospace primers, 
coatings, adhesives, maskants and lubricants and from cleaning, 
stripping, storing and disposal of organic solvents and waste solvent 
materials associated with the use of aerospace coatings and adhesives. 
This rule also provides administrative requirements including those for 
recordkeeping and for the measurement of VOC emissions. Rule 1118 was 
revised to increase stringency and to update the coatings and 
practices.
    CAA section 182(a)(3)(B)(i) requires ozone nonattainment areas 
(regardless of classification) to require certified emission statement 
data from sources of VOC and oxides of nitrogen (NOX). 
Emission statements are intended to help the state report and analyze 
ambient air emissions. The CAA also requires states to periodically 
compile and report a comprehensive, accurate and current inventory of 
all air contaminant sources. The western part of Nevada County, which 
is part of the NSAQMD, has been classified as moderate nonattainment 
for the 1997 and 2008 8-hour ozone National Ambient Air Quality 
Standards (NAAQS). 40 CFR 81.305. NSAQMD Rule 513, ``Emissions 
Statements and Recordkeeping,'' is intended to comply with relevant CAA 
requirements regarding emission statements.
    SDCAPCD Rule 2, ``Definitions,'' contains definitions for specific 
terms applicable to all SDCAPCD rules. Table 1 of Rule 2 was updated to 
add two exempt organic compounds to coincide with those that EPA has 
determined to have negligible photochemical reactivity as listed in 40 
CFR 51.100. Rule 2 does not have a direct effect on emissions, but it 
improves clarity and enforceability of other SDCAPCD rules that do 
reduce emissions.
    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 and NOX in ozone nonattainment areas classified as 
moderate or above (see CAA section 182(b)(2), (f)). The MDAQMD 
regulates an ozone nonattainment area classified as severe 
nonattainment for the 1997 and 2008 ozone NAAQS (40 CFR 81.305). 
Therefore, Rule 1118 must implement RACT.
    The other two rules addressed in this action are not submitted in 
satisfaction of the RACT requirements of CAA section 182(b)(2). CAA 
section 182(a)(3)(B)(i) requires all states with ozone nonattainment 
areas classified under subpart 2 (of part D of title I) as moderate or 
above, to submit SIP revisions that require owners and operators of 
stationary sources of VOCs and NOX to provide the state with 
a statement showing the actual emissions from that source. Because a 
portion of NSAQMD is designated as moderate nonattainment areas for the 
1997 and 2008 8-hour ozone NAAQS, Rule 513 is a required SIP revision. 
Based on our evaluation of Rule 513, we find that it fulfills the 
relevant emission statement requirements of CAA section 
182(a)(3)(B)(i).
    SDCAPCD Rule 2 provides definitions that support emission controls 
found in other local agency requirements. In combination with the other 
requirements, this rule must be enforceable (see section 110(a) of the 
Act) and must not relax existing requirements (see sections 110(l) and 
193). We believe Rule 2 fulfills these requirements.
    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 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. EPA's draft ``Guidance on the Implementation of an Emission 
Statement Program,'' Dated July 1992.

[[Page 28242]]

    5. EPA CTG Control of Volatile Organic Compound Emissions from 
Coating Operations at Aerospace Manufacturing and Rework Operations 
(December 1997, EPA-453/R-97-004).
    6. USEPA National Emission Standards for Aerospace Manufacturing 
and Rework Facilities Risk and Technology Review; 80 FR 76152 Final 
Rule December 7, 2015.

B. Do the rules meet the evaluation criteria?

    We believe these rule 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.

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 July 21, 2017, 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 August 21, 2017. 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 
NSAQMD, MDAQMD, and SDAPCD 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 (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 August 21, 2017. 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, Intergovernmental relations, Ozone, Particulate matter, 
Emissions statements, Reporting and recordkeeping requirements, 
Volatile organic compounds.


[[Page 28243]]


    Dated: December 19, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.

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)(242)(i)(A)(2), 
(c)(379)(i)(B)(2), (c)(485)(B), (c)(487), and (c)(488) to read as 
follows:


Sec.  52.220   Identification of plan--in part.

* * * * *
    (c) * * *
    (242) * * *
    (i) * * *
    (A) * * *
    (2) Previously approved on August 17, 1998 in paragraph 
(c)(242)(i)(A)(1) of this section and now deleted with replacement in 
paragraph (c)(485)(B)(1), Rule 1118, adopted on October 28, 1996.
* * * * *
    (379) * * *
    (i) * * *
    (B) * * *
    (2) Previously approved on September 17, 2010 in paragraph 
(c)(379)(i)(B)(1) of this section and now deleted with replacement in 
paragraph (c)(488)(i)(A)(1), Rule 2, ``Definitions,'' Rev. Adopted and 
Effective on June 30, 1999, Table 1--Exempt Compounds: Rev. and 
Effective on November 4, 2009
* * * * *
    (485) * * *
    (i) * * *
    (B) Mojave Desert Air Quality Management District.
    (1) Rule 1118, ``Aerospace Assembly, Rework and Component 
Manufacturing Operations,'' amended on October 26, 2015.
    (2) [Reserved]
* * * * *
    (487) New and amended regulations were submitted on September 6, 
2016 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Northern Sierra Air Quality Management District.
    (1) Rule 513, ``Emissions Statements and Recordkeeping,'' amended 
on June 27, 2016.
    (2) [Reserved]
    (488) New and amended regulations were submitted on April 21, 2016 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Diego County Air Pollution Control District.
    (1) Regulation 1, Rule 2, ``Definitions,'' Rev. Adopted and 
Effective on June 30, 1999, Table 1--Exempt Compounds: Rev. and 
Effective on June 14, 2016.
    (2) [Reserved]

    Note:  This document was received for publication by the Office 
of the Federal Register on June 12, 2017.

[FR Doc. 2017-12475 Filed 6-20-17; 8:45 am]
 BILLING CODE 6560-50-P