Revisions to the California State Implementation Plan, Mojave Desert, Northern Sierra, Sacramento Metropolitan and San Diego Air Pollution Agencies, 47536-47539 [2012-19318]
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47536
Federal Register / Vol. 77, No. 154 / Thursday, August 9, 2012 / Rules and Regulations
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 rule. If we receive adverse
comments by September 10, 2012, 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 October 9,
2012. This will incorporate this rule
into the federally enforceable SIP.
Please note that if 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, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
mstockstill on DSK4VPTVN1PROD with RULES
III. 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, 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 Order 12866 (58 FR 51735,
October 4, 1993);
• 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);
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15:53 Aug 08, 2012
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• 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 EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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. 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 October 9, 2012.
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
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file an immediate petition for judicial
review of this direct final rule, so that
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,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: May 10, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52 [AMENDED]
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraph (c)(411)(i)(A)(2) to
read as follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(411) * * *
(i) * * *
(A) * * *
(2) Rule 101, ‘‘General Provisions and
Definitions,’’ amended on October 27,
2011.
[FR Doc. 2012–19315 Filed 8–8–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2012–0332; FRL–9687–8]
Revisions to the California State
Implementation Plan, Mojave Desert,
Northern Sierra, Sacramento
Metropolitan and San Diego Air
Pollution Agencies
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the
Mojave Desert Air Quality Management
District (MDAQMD), Northern Sierra
SUMMARY:
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Federal Register / Vol. 77, No. 154 / Thursday, August 9, 2012 / Rules and Regulations
Air Quality Management District
(NSAQMD), Sacramento Metropolitan
Air Quality Management District
(SMAQMD) and San Diego County Air
Pollution Control District (SDCAPCD)
portions of the California State
Implementation Plan (SIP). These
revisions concern volatile organic
compound (VOC) emissions from
automotive parts and component,
automobile refinishing, metal parts and
products, and miscellaneous coating
and refinishing operations. We are
approving local rules that regulate these
emission sources under the Clean Air
Act as amended in 1990 (CAA or the
Act).
DATES: This rule is effective on October
9, 2012 without further notice, unless
EPA receives adverse comments by
September 10, 2012. 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–2012–0332, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or email.
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send email
directly to EPA, your email address will
be automatically captured and included
as part of the public comment. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: Generally, documents in the
docket for this action are available
electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California. While all documents in the
docket are listed at
www.regulations.gov, some information
47537
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:
Adrianne Borgia, EPA Region IX, (415)
972–3576, borgia.adrianne@epa.gov.
SUPPLEMENTARY INFORMATION:
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?
II. EPA’s Evaluation and Action
A. How is 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. Statutory and Executive Order Reviews
I. The State’ Submittal
A. What rules did the State submit?
Table 1 lists the rules we are
approving 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
Local agency
Rule No.
NSAQMD .......................
SDCAPCD .....................
MDAQMD ......................
SMAQMD ......................
228
66.1
1116
459
Rule title
Surface Coating of Metal Parts and Products .............................................
Miscellaneous Coating .................................................................................
Automotive Refinishing ................................................................................
Automotive, Mobile Equipment and Associated Parts and Components
Coating Operations.
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B. Are there other versions of these
rules?
We approved an earlier version of
MDAQMD Rule 1116 into the SIP on
April 10, 2000 (65 FR 18901). No other
version of SDCAPCD Rule 66.1 or
Northern Sierra Rule 228 has been
submitted, although EPA previously
approved SDCAPCD Rule 66. An earlier
version of SMAQMD Rule 459 was
approved into the SIP on November 13,
1998 (63 FR 63410).
C. What is the purpose of the submitted
rules?
VOCs help produce ground-level
ozone and smog, which harm human
health and the environment. Section
110(a) of the CAA requires States to
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Adopted
submit regulations that control VOC
emissions by limiting VOC content in
coatings used for metal parts and
products, miscellaneous uses,
automobile refinishing processes and
automotive equipment, parts and
compounds. In addition, the rules also
limit emission of VOCs by regulating
organic solvent cleaning, storage and
disposal relating to the coating
operations. EPA’s technical support
documents (TSDs) have more
information about these rules.
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rules?
Generally, SIP rules must be
enforceable (see section 110(a) of the
Act), and must not relax existing
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02/24/10
08/23/10
08/25/11
Submitted
09/27/11
07/20/10
04/05/11
02/23/12
requirements (see sections 110(1) and
193). In addition, SIP rules must
implement Reasonably Available
Control Measures (RACM), including
Reasonably Available Control
Technology (RACT), in moderate and
above ozone nonattainment areas.
Guidance and policy documents that we
use to evaluate enforceability and RACT
requirements consistently include the
following:
1. ‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and Deviations’’
EPA, May 25, 1988 (the Bluebook),
2. ‘‘Guidance Document for Correcting
Common VOC & Other Rule Deficiencies’’
EPA, Region 9, August 21, 2001 (the Little
Bluebook),
3. ‘‘Suggested Control Measure for
Automotive Coatings’’ CARB, October 2005,
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Federal Register / Vol. 77, No. 154 / Thursday, August 9, 2012 / Rules and Regulations
4. ‘‘Control Techniques Guidelines for
Automobile and Light-Duty Truck Assembly
Coatings,’’ EPA (EPA–453/R–08–006)
September 2008,
5. ‘‘Control Techniques Guidelines for
Miscellaneous Metal and Plastic Parts
Coatings,’’ EPA, (EPA–453/R–08–003),
September 2008,
6. ‘‘Control Techniques Guidelines for
Control of Volatile Organic Emissions From
Existing Stationary Sources,’’ Volume I:
Control Methods for Surface Coating
Operations (EPA–450/2–76–028, 11/76), and
7. ‘‘Control Techniques Guidelines Control
of Volatile Organic Emissions From Solvent
Metal Cleaning’’, (EPA–450/2–77–022, 11/
77).
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 rules
The TSDs describe additional rule
revisions that we recommend for the
next time the local agency modifies the
rules.
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D. Public comment and final action
As authorized in section 110(k)(3) of
the Act, 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 September 10, 2012, 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 October 9,
2012. This will incorporate these rules
into the federally enforceable SIP.
Please note that if 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, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
III. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
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15:53 Aug 08, 2012
Jkt 226001
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, 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 Order 12866 (58 FR 51735,
October 4, 1993);
• 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 EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
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Sfmt 4700
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. 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 October 9, 2012.
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
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,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: May 22, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52 [AMENDED]
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
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Federal Register / Vol. 77, No. 154 / Thursday, August 9, 2012 / Rules and Regulations
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(381)(i) (J),
(c)(388)(i)(F), (c)(404)(i)(B), and (c)(411)
to read as follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(381) * * *
(i) * * *
(J) San Diego Air Pollution Control
District.
(1) Rule 66.1, ‘‘Miscellaneous Surface
Coating Operations and Other Processes
Emitting Volatile Organic Compounds,’’
adopted on February 24, 2010.
*
*
*
*
*
(388) * * *
(i) * * *
(F) Mojave Desert Air Quality
Management District.
(1) Rule 1116, ‘‘Automotive
Refinishing Operations,’’ amended on
August 23, 2010.
*
*
*
*
*
(404) * * *
(i) * * *
(B) Northern Sierra Air Quality
Management District.
(1) Rule 228, ‘‘Surface Coating of
Metal Parts and Products,’’ amended on
April 25, 2011.
*
*
*
*
*
(411) New and amended regulations
for the following APCDs were submitted
on February 23, 2012.
(i) Incorporation by reference.
(A) Sacramento Metropolitan Air
Quality Management District.
(1) Rule 459, ‘‘Automotive, Mobile
Equipment, and Associated Parts and
Components Coating Operations,’’
amended August 25, 2011.
[FR Doc. 2012–19318 Filed 8–8–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2010–0637; FRL–9357–1]
Paraquat Dichloride; Pesticide
Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
This regulation establishes
tolerances for residues of paraquat
dichloride (hereafter in this document
referred to solely as paraquat) in or on
multiple commodities which are
identified and discussed later in this
document. Interregional Research
SUMMARY:
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Project Number 4 (IR–4) requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective
August 9, 2012. Objections and requests
for hearings must be received on or
before October 9, 2012, and must be
filed in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2010–0637, is
available at https://www.regulations.gov
or at the OPP Docket in the
Environmental Protection Agency
Docket Center (EPA/DC), located in EPA
West, Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC 20460–0001. The
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Andrew Ertman, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
703–308–9367; email address:
ertman.andrew@epa.gov.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to those engaged in the
following activities:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather to provide a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
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47539
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://ecfr.gpoaccess.gov/cgi/t/
text/text-idx?&c=ecfr&tpl=/ecfrbrowse/
Title40/40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2010–0637 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before October 9, 2012. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing that does not
contain any CBI for inclusion in the
public docket. Information not marked
confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA
without prior notice. Submit a copy of
your non-CBI objection or hearing
request, identified by docket ID number
EPA–HQ–OPP–2010–0637, by one of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), Mail Code: 28221T, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.htm.
Additional instructions on
commenting or visiting the docket,
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]]>Agencies
[Federal Register Volume 77, Number 154 (Thursday, August 9, 2012)]
[Rules and Regulations]
[Pages 47536-47539]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19318]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2012-0332; FRL-9687-8]
Revisions to the California State Implementation Plan, Mojave
Desert, Northern Sierra, Sacramento Metropolitan and San Diego Air
Pollution Agencies
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve revisions to the
Mojave Desert Air Quality Management District (MDAQMD), Northern Sierra
[[Page 47537]]
Air Quality Management District (NSAQMD), Sacramento Metropolitan Air
Quality Management District (SMAQMD) and San Diego County Air Pollution
Control District (SDCAPCD) portions of the California State
Implementation Plan (SIP). These revisions concern volatile organic
compound (VOC) emissions from automotive parts and component,
automobile refinishing, metal parts and products, and miscellaneous
coating and refinishing operations. We are approving local rules that
regulate these emission sources under the Clean Air Act as amended in
1990 (CAA or the Act).
DATES: This rule is effective on October 9, 2012 without further
notice, unless EPA receives adverse comments by September 10, 2012. 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-
2012-0332, by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. 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: Adrianne Borgia, EPA Region IX, (415)
972-3576, borgia.adrianne@epa.gov.
SUPPLEMENTARY INFORMATION:
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?
II. EPA's Evaluation and Action
A. How is 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. Statutory and Executive Order Reviews
I. The State' Submittal
A. What rules did the State submit?
Table 1 lists the rules we are approving 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
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Local agency Rule No. Rule title Adopted Submitted
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NSAQMD.................................... 228 Surface Coating of Metal 04/25/11 09/27/11
Parts and Products.
SDCAPCD................................... 66.1 Miscellaneous Coating........ 02/24/10 07/20/10
MDAQMD.................................... 1116 Automotive Refinishing....... 08/23/10 04/05/11
SMAQMD.................................... 459 Automotive, Mobile Equipment 08/25/11 02/23/12
and Associated Parts and
Components Coating
Operations.
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B. Are there other versions of these rules?
We approved an earlier version of MDAQMD Rule 1116 into the SIP on
April 10, 2000 (65 FR 18901). No other version of SDCAPCD Rule 66.1 or
Northern Sierra Rule 228 has been submitted, although EPA previously
approved SDCAPCD Rule 66. An earlier version of SMAQMD Rule 459 was
approved into the SIP on November 13, 1998 (63 FR 63410).
C. What is the purpose of the submitted rules?
VOCs help produce ground-level ozone and smog, which harm human
health and the environment. Section 110(a) of the CAA requires States
to submit regulations that control VOC emissions by limiting VOC
content in coatings used for metal parts and products, miscellaneous
uses, automobile refinishing processes and automotive equipment, parts
and compounds. In addition, the rules also limit emission of VOCs by
regulating organic solvent cleaning, storage and disposal relating to
the coating operations. EPA's technical support documents (TSDs) have
more information about these rules.
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
Generally, SIP rules must be enforceable (see section 110(a) of the
Act), and must not relax existing requirements (see sections 110(1) and
193). In addition, SIP rules must implement Reasonably Available
Control Measures (RACM), including Reasonably Available Control
Technology (RACT), in moderate and above ozone nonattainment areas.
Guidance and policy documents that we use to evaluate enforceability
and RACT requirements consistently include the following:
1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies,
and Deviations'' EPA, May 25, 1988 (the Bluebook),
2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies'' EPA, Region 9, August 21, 2001 (the Little Bluebook),
3. ``Suggested Control Measure for Automotive Coatings'' CARB,
October 2005,
[[Page 47538]]
4. ``Control Techniques Guidelines for Automobile and Light-Duty
Truck Assembly Coatings,'' EPA (EPA-453/R-08-006) September 2008,
5. ``Control Techniques Guidelines for Miscellaneous Metal and
Plastic Parts Coatings,'' EPA, (EPA-453/R-08-003), September 2008,
6. ``Control Techniques Guidelines for Control of Volatile
Organic Emissions From Existing Stationary Sources,'' Volume I:
Control Methods for Surface Coating Operations (EPA-450/2-76-028,
11/76), and
7. ``Control Techniques Guidelines Control of Volatile Organic
Emissions From Solvent Metal Cleaning'', (EPA-450/2-77-022, 11/77).
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 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, 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 September 10, 2012, 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 October 9, 2012. This will
incorporate these rules into the federally enforceable SIP.
Please note that if 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, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
III. 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, 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 Order
12866 (58 FR 51735, October 4, 1993);
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 EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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. 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 October 9, 2012. 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 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, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: May 22, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52 [AMENDED]
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
[[Page 47539]]
Subpart F--California
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2. Section 52.220 is amended by adding paragraphs (c)(381)(i) (J),
(c)(388)(i)(F), (c)(404)(i)(B), and (c)(411) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(381) * * *
(i) * * *
(J) San Diego Air Pollution Control District.
(1) Rule 66.1, ``Miscellaneous Surface Coating Operations and Other
Processes Emitting Volatile Organic Compounds,'' adopted on February
24, 2010.
* * * * *
(388) * * *
(i) * * *
(F) Mojave Desert Air Quality Management District.
(1) Rule 1116, ``Automotive Refinishing Operations,'' amended on
August 23, 2010.
* * * * *
(404) * * *
(i) * * *
(B) Northern Sierra Air Quality Management District.
(1) Rule 228, ``Surface Coating of Metal Parts and Products,''
amended on April 25, 2011.
* * * * *
(411) New and amended regulations for the following APCDs were
submitted on February 23, 2012.
(i) Incorporation by reference.
(A) Sacramento Metropolitan Air Quality Management District.
(1) Rule 459, ``Automotive, Mobile Equipment, and Associated Parts
and Components Coating Operations,'' amended August 25, 2011.
[FR Doc. 2012-19318 Filed 8-8-12; 8:45 am]
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