Federal Register: January 30, 2014 (Volume 79, Number 20)

DOCID: FR Doc 2014-01317

ENVIRONMENTAL PROTECTION AGENCY

ENVIRONMENTAL PROTECTION AGENCY

CFR Citation: 40 CFR Part 52

FR ID: [FR Doc No: 2014-01317]

EPA ID: [EPA-R09-OAR-2013-0725; FRL-9904-02-Region 9]

NOTICE: RULES

ACTION: Air Quality State Implementation Plans; Revisions:

DOCUMENT ACTION: Direct final rule.

SUBJECT CATEGORY:

Air Quality State Implementation Plans; Revisions:

DATES: This rule is effective on March 31, 2014 without further notice, unless EPA receives adverse comments by March 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.

DOCUMENT SUMMARY:

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Santa Barbara County Air Pollution Control District (SBCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from solvent cleaning machines and operations, coating of metal parts and products and polyester resin operations. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

SUMMARY:

Santa Barbara County Air Pollution Control District

FOR FURTHER INFORMATION CONTACT

Adrianne Borgia, EPA Region IX, (415) 9723576, borgia.adrianne@epa.gov or Nancy Levin, EPA Region IX, (415) 9723848, levin.nancy@epa.gov. 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
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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 with the dates that they were adopted by SBCAPCD and submitted by the California Air Resources Board (CARB).
Table 1Submitted Rules Local agency Rule No. Rule title Revised Submitted SBCAPCD................................ 321 Solvent Cleaning Machines 6/21/12 09/21/12 and Solvent Cleaning. SBCAPCD................................ 330 Surface Coating of Metal 06/21/12 09/21/12 Parts and Products. SBCAPCD................................ 349 Polyester Resin Operations 06/21/12 09/21/12 B. Are there other versions of these rules?

We approved an earlier version of SBCAPCD Rule 321 into the SIP on September 29, 2011 (76 FR 60376). A previous version of SBCAPCD 330 was approved into the SIP on June 8, 2000 (65 FR 36349). The most recent version of SBCAPCD Rule 349 was approved into the SIP on January 6, 1995 (60 FR 2025).

C. What is the purpose of the submitted rules?

VOCs help produce groundlevel 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 solvents and coatings. 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. ``Control Techniques Guidelines for Control Techniques Guidelines for Miscellaneous Industrial Adhesives'' EPA, December 1977 (EPA453/R08005),

4. ``Control Techniques Guidelines for Control of Volatile Organic Compound Emissions from Industrial Cleaning Solvents'', EPA, September 2006 (EPA453/R06001)

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 March 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 31, 2014. 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. 1044);
  • 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,
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    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 31, 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, Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: November 22, 2013.
    Jared Blumenfeld,

    Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows:
    PART 52APPROVAL 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 FCalifornia
    2. Section 52.220 is amended by adding paragraphs (c)(423) (i)(E)(3), (4) and (5) to read as follows:
    Sec. 52.220 Identification of plan.
    * * * * *
    (c) * * *
    (423) * * *
    (i) * * *
    (E) * * *
    (3) Rule 321, ``Solvent Cleaning Machines and Solvent Cleaning,'' revised on June 21, 2012.
    (4) Rule 330, ``Surface Coating of Metal Parts and Products,'' revised on June 21, 2012.
    (5) Rule 349, ``Polyester Resin Operations,'' revised on June 21, 2012.
    * * * * *
    [FR Doc. 201401317 Filed 12914; 8:45 am]
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