Revisions to the California State Implementation Plan, Antelope Valley Air Quality Management District, Mojave Desert Air Quality Management District, Monterey Bay Unified Air Pollution Control District, and South Coast Air Quality Management District, 364-367 [2013-30861]

Download as PDF 364 § 260.10 Federal Register / Vol. 79, No. 2 / Friday, January 3, 2014 / Rules and Regulations Definitions. * * * * * Carbon dioxide stream means carbon dioxide that has been captured from an emission source (e.g., power plant), plus incidental associated substances derived from the source materials and the capture process, and any substances added to the stream to enable or improve the injection process. * * * * * PART 261—IDENTIFICATION AND LISTING OF HAZARDOUS WASTE 5. The authority citation for Part 261 continues to read as follows: ■ Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y), and 6938 6. Section 261.4 is amended by adding paragraph (h) to read as follows: ■ § 261.4 Exclusions. tkelley on DSK3SPTVN1PROD with RULES * * * * * (h) Carbon dioxide stream injected for geologic sequestration. Carbon dioxide streams that are captured and transported for purposes of injection into an underground injection well subject to the requirements for Class VI Underground Injection Control wells, including the requirements in 40 CFR Parts 144 and 146 of the Underground Injection Control Program of the Safe Drinking Water Act, are not a hazardous waste, provided the following conditions are met: (1) Transportation of the carbon dioxide stream must be in compliance with U.S. Department of Transportation requirements, including the pipeline safety laws (49 U.S.C. 60101 et seq.) and regulations (49 CFR Parts 190–199) of the U.S. Department of Transportation, and pipeline safety regulations adopted and administered by a state authority pursuant to a certification under 49 U.S.C. 60105, as applicable. (2) Injection of the carbon dioxide stream must be in compliance with the applicable requirements for Class VI Underground Injection Control wells, including the applicable requirements in 40 CFR Parts 144 and 146; (3) No hazardous wastes shall be mixed with, or otherwise co-injected with, the carbon dioxide stream; and (4)(i) Any generator of a carbon dioxide stream, who claims that a carbon dioxide stream is excluded under this paragraph (h), must have an authorized representative (as defined in 40 CFR 260.10) sign a certification statement worded as follows: have transported the carbon dioxide stream in compliance with (or have contracted with a pipeline operator or transporter to transport the carbon dioxide stream in compliance with) Department of Transportation requirements, including the pipeline safety laws (49 U.S.C. 60101 et seq.) and regulations (49 CFR Parts 190–199) of the U.S. Department of Transportation, and the pipeline safety regulations adopted and administered by a state authority pursuant to a certification under 49 U.S.C. 60105, as applicable, for injection into a well subject to the requirements for the Class VI Underground Injection Control Program of the Safe Drinking Water Act. (ii) Any Class VI Underground Injection Control well owner or operator, who claims that a carbon dioxide stream is excluded under paragraph (h) of this section, must have an authorized representative (as defined in 40 CFR 260.10) sign a certification statement worded as follows: I certify under penalty of law that the carbon dioxide stream that I am claiming to be excluded under 40 CFR 261.4(h) has not been mixed with, or otherwise co-injected with, hazardous waste at the Underground Injection Control (UIC) Class VI permitted facility, and that injection of the carbon dioxide stream is in compliance with the applicable requirements for UIC Class VI wells, including the applicable requirements in 40 CFR Parts 144 and 146. (iii) The signed certification statement must be kept on-site for no less than three years, and must be made available within 72 hours of a written request from the Administrator, Regional Administrator, or state Director (if located in an authorized state), or their designee. The signed certification statement must be renewed every year that the exclusion is claimed, by having an authorized representative (as defined in 40 CFR 260.10) annually prepare and sign a new copy of the certification statement within one year of the date of the previous statement. The signed certification statement must also be readily accessible on the facility’s publicly-available Web site (if such Web site exists) as a public notification with the title of ‘‘Carbon Dioxide Stream Certification’’ at the time the exclusion is claimed. [FR Doc. 2013–31246 Filed 1–2–14; 8:45 am] BILLING CODE 6560–50–P I certify under penalty of law that the carbon dioxide stream that I am claiming to be excluded under 40 CFR 261.4(h) has not been mixed with hazardous wastes, and I VerDate Mar<15>2010 16:03 Jan 02, 2014 Jkt 232001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2013–0668; FRL–9902–71– Region 9] Revisions to the California State Implementation Plan, Antelope Valley Air Quality Management District, Mojave Desert Air Quality Management District, Monterey Bay Unified Air Pollution Control District, and South Coast Air Quality Management District Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Antelope Valley Air Quality Management District (AVAQMD), Mojave Desert Air Quality Management District (MDAQMD), Monterey Bay Unified Air Pollution Control District (MBUAPCD), and South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from architectural coatings, liquefied petroleum gas transfer, and ignition of barbecue charcoal. We are approving three local rules and rescinding one local rule that regulate these emission sources under the Clean Air Act (CAA or the Act). DATES: This rule is effective on March 4, 2014 without further notice, unless EPA receives adverse comments by February 3, 2014. 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–2013–0668, 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 SUMMARY: E:\FR\FM\03JAR1.SGM 03JAR1 365 Federal Register / Vol. 79, No. 2 / Friday, January 3, 2014 / Rules and Regulations 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 94105–3901. 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. Table of Contents FOR FURTHER INFORMATION CONTACT: A. What rules did the State submit? Nicole Law, EPA Region IX, (415) 947– 4126, law.nicole@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. 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 revisions? 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’s Submittal Table 1 lists the rules we are approving and rescinding with the dates that they were adopted or rescinded by the local air agencies and submitted by the California Air Resources Board. TABLE 1—SUBMITTED RULES Local agency Rule No. MDAQMD ...................... MBUAPCD ..................... AVAQMD ....................... 1113 426 1174 SCAQMD ....................... 1177 Architectural Coatings ......................................... Architectural Coatings ......................................... Control of Volatile Organic Compound Emissions from the Ignition of Barbecue Charcoal. Liquefied Petroleum Gas Transfer and Dispensing. On April 9, 2013, EPA determined that the submittal for MDAQMD Rule 1113 and SCAQMD Rule 1177 met the completeness criteria in 40 CFR Part 51 Appendix V, which must be met before formal EPA review. On June 26, 2013, EPA determined that the submittal for MBUAPCD Rule 426 and AVAQMD Rule 1174 met the completeness criteria in 40 CFR Part 51 Appendix V, which must be met before formal EPA review. tkelley on DSK3SPTVN1PROD with RULES B. Are there other versions of these rules? There are no previous versions of SCAQMD Rule 1177 in the SIP. We approved an earlier version of AVAQMD Rule 1174 into the SIP on October 4, 1994 (59 FR 50498). Limited approvals of MDAQMD Rule 1113 and MBUAPCD Rule 426 were published on January 1, 2004 (69 FR 34) for inclusion in the SIP. The MDAQMD and MBUAPCD adopted revisions to the SIPapproved versions on April 23, 2012 and August 15, 2012 and CARB submitted them to us on February 6, 2013, and April 22, 2013. C. What is the purpose of the submitted rule revisions? VOCs help produce ground-level ozone and smog, which harm human VerDate Mar<15>2010 16:03 Jan 02, 2014 Jkt 232001 Adopted/ amended Rule title health and the environment. Section 110(a) of the CAA requires States to submit regulations that control VOC emissions. MDAQMD Rule 1113 and MBUAPCD Rule 426 lower VOC content limits of various architectural coatings and SCAQMD Rule 117 limits VOC emissions from liquefied petroleum gas transfer. AVAQMD Rule 1174 controlled VOC emissions from ignition of barbecue charcoal, but is being rescinded because EPA and CARB have adopted redundant regulations. EPA’s technical support documents (TSD) 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), must require Reasonably Available Control Technology (RACT) for each category of sources covered by a Control Techniques Guidelines (CTG) document as well as each NOX or VOC major source in ozone nonattainment areas classified as moderate or above (see sections 182(b)(2) and 182(f)), and must not relax existing requirements (see sections 110(l) and 193). SCAQMD regulates an ozone nonattainment area classified as extreme for the 8-hour PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 Rescinded Submitted 04/23/12 08/15/12 10/05/90 ........................ ........................ 11/20/12 02/06/13 04/22/13 04/22/13 06/01/12 ........................ 02/06/13 ozone NAAQS (see 40 CFR Part 81.305), so Rule 1177 must fulfill RACT. The MBUAPCD and MDAQMD rules regulate an area source and are not required to fulfill RACT, though we have evaluated them for enforceability, stringency, and backsliding. The rescission of the AVAQMD rule must not relax existing requirements (see sections 110(l) and 193 of the CAA). Guidance and policy documents that we use to evaluate enforceability and RACT requirements consistently include the following: 1. ‘‘State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990,’’ 57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992). 2. ‘‘Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,’’ EPA, May 25, 1988 (the Bluebook). 3. ‘‘Guidance Document for Correcting Common VOC & Other Rule Deficiencies,’’ EPA Region 9, August 21, 2001 (the Little Bluebook). 4. ‘‘Suggested Control Measure for Architectural Coatings,’’ CARB, October 2007. E:\FR\FM\03JAR1.SGM 03JAR1 366 Federal Register / Vol. 79, No. 2 / Friday, January 3, 2014 / Rules and Regulations 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 AVAQMD is requesting rescission of rule 1174 because EPA and CARB have adopted similar regulations and we believe the rule rescission is consistent with policy and guidance. 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 agencies modify the rules. tkelley on DSK3SPTVN1PROD with RULES D. Public Comment and Final Action As authorized in section 110(k)(3) of the Act, 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 February 3, 2014, 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 March 4, 2014. This will incorporate the three rules into and remove the one rule from 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 VerDate Mar<15>2010 16:03 Jan 02, 2014 Jkt 232001 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, PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 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 March 4, 2014. 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, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: September 25, 2013. Jared Blumenfeld, 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. 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 paragraphs (c)(184)(i)(B)(12), (c)(428)(i)(C) and (D), and (c)(429)(i)(C) to read as follows: ■ § 52.220 * Identification of plan. * * (c) * * * (184) * * * E:\FR\FM\03JAR1.SGM 03JAR1 * * Federal Register / Vol. 79, No. 2 / Friday, January 3, 2014 / Rules and Regulations (i) * * * (B) * * * (12) Previously approved on October 4, 1994 in paragraph (c)(184)(i)(B)(4) of this section and now deleted without replacement, for the Antelope Valley area only, Antelope Valley Rule 1174, previously South Coast Rule 1174. South Coast Rule 1174 remains in effect for the South Coast area. * * * * * (428) * * * (i) * * * (C) Mojave Desert Air Quality Management District. (1) Rule 1113, ‘‘Architectural Coatings,’’ amended on April 23, 2012. (D) South Coast Air Quality Management District. (1) Rule 1177, ‘‘Liquefied Petroleum Gas Transfer and Dispensing,’’ adopted on June 1, 2012. (429) * * * (i) * * * (C) Monterey Bay Unified Air Pollution Control District. (1) Rule 426, ‘‘Architectural Coatings,’’ amended on August 15, 2012. * * * * * [FR Doc. 2013–30861 Filed 1–2–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA–HQ–OAR–2011–0344; FRL–9904–38– OAR] RIN 2060–AR66 National Emissions Standards for Hazardous Air Pollutants from Secondary Lead Smelting Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to promulgate amendments to a final rule that revised national emission standards for hazardous air pollutants for existing and new secondary lead smelters. The final rule was published on January 5, 2012. This direct final action amends certain regulatory text to clarify compliance dates. Additionally, we are making amendments to clarify certain provisions in the 2012 final rule related to monitoring of negative pressure in total enclosures. This action also corrects typographical errors in a table listing congeners of dioxins and furans and the testing requirements for total hydrocarbons. tkelley on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:03 Jan 02, 2014 Jkt 232001 This rule is effective on March 4, 2014 without further notice, unless the EPA receives adverse comment by February 3, 2014. If we receive adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that this rule, or relevant provisions of this rule, will not take effect. DATES: You may submit comments, identified by Docket ID Number EPA– HQ–OAR–2011–0344, by one of the following methods: • https://www.regulations.gov: Follow the online instructions for submitting comments. • Email: a-and-r-docket@epa.gov, Attention Docket ID Number EPA–HQ– OAR–2011–0344. • Fax: (202) 566–9744, Attention Docket ID Number EPA–HQ–OAR– 2011–0344. • Mail: U.S. Postal Service, send comments to: EPA Docket Center, EPA West (Air Docket), Attention Docket ID Number EPA–HQ–OAR–2011–0344, U.S. Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of two copies. • Hand Delivery: U.S. Environmental Protection Agency, EPA West (Air Docket), Room 3334, 1301 Constitution Ave., NW., Washington, DC 20004, Attention Docket ID Number EPA–HQ– OAR–2011–0344. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions. Direct your comments to Docket ID Number EPA–HQ–OAR– 2011–0344. The EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or email. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through https:// www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and ADDRESSES: PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 367 made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should not include special characters, any form of encryption, and be free of any defects or viruses. For additional information about the EPA’s public docket, visit the EPA Docket Center homepage at https:// www.epa.gov/dockets. Docket. The EPA has established a docket for this rulemaking under Docket ID Number EPA–HQ–OAR–2011–0344. All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet, and will be publicly available only in hard copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. 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 EPA Docket Center is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: For questions about this action, contact Mr. Nathan Topham, Metals and Inorganic Chemicals Group, Sector Policies and Programs Division (D243–02), U.S. Environmental Protection Agency, Research Triangle Park, NC 27711; telephone number: (919) 541–0483; fax number: (919) 541–3207; and email address: topham.nathan@epa.gov. SUPPLEMENTARY INFORMATION: Organization of this Document. The following outline is provided to aid in locating information in the preamble. I. What is the background for the amendments? II. What are the changes to the final rule? III. 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 C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism E:\FR\FM\03JAR1.SGM 03JAR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 79, Number 2 (Friday, January 3, 2014)]
[Rules and Regulations]
[Pages 364-367]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30861]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0668; FRL-9902-71-Region 9]

Revisions to the California State Implementation Plan, Antelope
Valley Air Quality Management District, Mojave Desert Air Quality
Management District, Monterey Bay Unified Air Pollution Control
District, and South Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Antelope Valley Air Quality
Management District (AVAQMD), Mojave Desert Air Quality Management
District (MDAQMD), Monterey Bay Unified Air Pollution Control District
(MBUAPCD), and South Coast Air Quality Management District (SCAQMD)
portion of the California State Implementation Plan (SIP). These
revisions concern volatile organic compound (VOC) emissions from
architectural coatings, liquefied petroleum gas transfer, and ignition
of barbecue charcoal. We are approving three local rules and rescinding
one local rule that regulate these emission sources under the Clean Air
Act (CAA or the Act).

DATES: This rule is effective on March 4, 2014 without further notice,
unless EPA receives adverse comments by February 3, 2014. 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-
2013-0668, 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

[[Page 365]]

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 94105-3901.
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: Nicole Law, EPA Region IX, (415) 947-
4126, law.nicole@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to 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 revisions?
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's Submittal

A. What rules did the State submit?

Table 1 lists the rules we are approving and rescinding with the
dates that they were adopted or rescinded by the local air agencies and
submitted by the California Air Resources Board.

Table 1--Submitted Rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Adopted/
Local agency Rule No. Rule title amended Rescinded Submitted
--------------------------------------------------------------------------------------------------------------------------------------------------------
MDAQMD......................................... 1113 Architectural Coatings................. 04/23/12 .............. 02/06/13
MBUAPCD........................................ 426 Architectural Coatings................. 08/15/12 .............. 04/22/13
AVAQMD......................................... 1174 Control of Volatile Organic Compound 10/05/90 11/20/12 04/22/13
Emissions from the Ignition of
Barbecue Charcoal.
SCAQMD......................................... 1177 Liquefied Petroleum Gas Transfer and 06/01/12 .............. 02/06/13
Dispensing.
--------------------------------------------------------------------------------------------------------------------------------------------------------

On April 9, 2013, EPA determined that the submittal for MDAQMD Rule
1113 and SCAQMD Rule 1177 met the completeness criteria in 40 CFR Part
51 Appendix V, which must be met before formal EPA review. On June 26,
2013, EPA determined that the submittal for MBUAPCD Rule 426 and AVAQMD
Rule 1174 met the completeness criteria in 40 CFR Part 51 Appendix V,
which must be met before formal EPA review.

B. Are there other versions of these rules?

There are no previous versions of SCAQMD Rule 1177 in the SIP. We
approved an earlier version of AVAQMD Rule 1174 into the SIP on October
4, 1994 (59 FR 50498). Limited approvals of MDAQMD Rule 1113 and
MBUAPCD Rule 426 were published on January 1, 2004 (69 FR 34) for
inclusion in the SIP. The MDAQMD and MBUAPCD adopted revisions to the
SIP-approved versions on April 23, 2012 and August 15, 2012 and CARB
submitted them to us on February 6, 2013, and April 22, 2013.

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

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. MDAQMD Rule 1113 and
MBUAPCD Rule 426 lower VOC content limits of various architectural
coatings and SCAQMD Rule 117 limits VOC emissions from liquefied
petroleum gas transfer. AVAQMD Rule 1174 controlled VOC emissions from
ignition of barbecue charcoal, but is being rescinded because EPA and
CARB have adopted redundant regulations. EPA's technical support
documents (TSD) 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), must require Reasonably Available Control Technology (RACT) for
each category of sources covered by a Control Techniques Guidelines
(CTG) document as well as each NOX or VOC major source in
ozone nonattainment areas classified as moderate or above (see sections
182(b)(2) and 182(f)), and must not relax existing requirements (see
sections 110(l) and 193). SCAQMD regulates an ozone nonattainment area
classified as extreme for the 8-hour ozone NAAQS (see 40 CFR Part
81.305), so Rule 1177 must fulfill RACT. The MBUAPCD and MDAQMD rules
regulate an area source and are not required to fulfill RACT, though we
have evaluated them for enforceability, stringency, and backsliding.
The rescission of the AVAQMD rule must not relax existing requirements
(see sections 110(l) and 193 of the CAA).
Guidance and policy documents that we use to evaluate
enforceability and RACT requirements consistently include the
following:
1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
4. ``Suggested Control Measure for Architectural Coatings,'' CARB,
October 2007.

[[Page 366]]

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
AVAQMD is requesting rescission of rule 1174 because EPA and CARB have
adopted similar regulations and we believe the rule rescission is
consistent with policy and guidance. 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 agencies modify 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 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
February 3, 2014, 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 March 4, 2014. This will incorporate the three rules into and
remove the one rule from 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 March 4, 2014. 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, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

Dated: September 25, 2013.
Jared Blumenfeld,
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)(184)(i)(B)(12),
(c)(428)(i)(C) and (D), and (c)(429)(i)(C) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *
(c) * * *
(184) * * *

[[Page 367]]

(i) * * *
(B) * * *
(12) Previously approved on October 4, 1994 in paragraph
(c)(184)(i)(B)(4) of this section and now deleted without replacement,
for the Antelope Valley area only, Antelope Valley Rule 1174,
previously South Coast Rule 1174. South Coast Rule 1174 remains in
effect for the South Coast area.
* * * * *
(428) * * *
(i) * * *
(C) Mojave Desert Air Quality Management District.
(1) Rule 1113, ``Architectural Coatings,'' amended on April 23,
2012.
(D) South Coast Air Quality Management District.
(1) Rule 1177, ``Liquefied Petroleum Gas Transfer and Dispensing,''
adopted on June 1, 2012.
(429) * * *
(i) * * *
(C) Monterey Bay Unified Air Pollution Control District.
(1) Rule 426, ``Architectural Coatings,'' amended on August 15,
2012.
* * * * *
[FR Doc. 2013-30861 Filed 1-2-14; 8:45 am]
BILLING CODE 6560-50-P

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