37222 Federal Register / Vol. 79, No. 126 / Tuesday, July 1, 2014 / Rules and Regulations 

whether action will be taken to recover 

the grant funds. 

(b) Prohibition of additional adaptive 

sports grant payments. When VA makes 

a final decision that action will be taken 

to recover grant funds from the grantee, 

VA must stop further payments of grant 

funds under this part until the grant 

funds are recovered and the condition 

that led to the decision to recover grant 

funds has been resolved. 

(Authority: 38 U.S.C. 521A) 

§ 77.18 Visits to monitor operations and 

compliance. 

VA has the right, at all reasonable 

times, to make visits to all grantee 

locations where a grantee is using 

adaptive sports grant funds in order to 

review grantee accomplishments and 

management control systems and to 

provide such technical assistance as 

may be required. VA may conduct 

inspections of all program locations and 

records of a grantee at such times as are 

deemed necessary to determine 

compliance with the provisions of this 

part. In the event that a grantee delivers 

services at a location away from the 

grantee’s place of business, VA may 

accompany the grantee. If any visit is 

made by VA on the premises of the 

grantee or a subcontractor under the 

adaptive sports grant, the grantee must 

provide, and must require its 

subcontractors to provide, all reasonable 

facilities and assistance for the safety 

and convenience of the VA 

representatives in the performance of 

their duties. All visits and evaluations 

will be performed in such as manner as 

will not unduly delay services. 

§ 77.19 Financial management. 

(a) All recipients will comply with 

applicable requirements of the Single 

Audit Act Amendments of 1996, as 

implemented by 2 CFR part 200. 

(b) All grantees must use a financial 

management system that complies with 

2 CFR Part 200. Grantees must meet the 

applicable requirements of OMB’s 

regulations on Cost Principles at 2 CFR 

part 200. 

(The information collection 

requirements have been submitted to 

OMB and are pending OMB approval.) 

§ 77.20 Recordkeeping. 

Grantees must ensure that records are 

maintained in accordance with 2 CFR 

part 200. Grantees must produce such 

records at VA’s request. 

§ 77.21 Application of other regulations. 

For purposes of this part, the 

requirements in 38 CFR parts 43 and 49 

are superseded by those in 2 CFR part 

200. 

[FR Doc. 2014–15191 Filed 6–27–14; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0312; FRL–9911–91- 

Region 9] 

Revisions to the California State 

Implementation Plan, Ventura County 

Air Pollution Control 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 

Ventura County Air Pollution Control 

District portion of the California State 

Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from 

aerospace assembly and component 

manufacturing and marine coating 

operations. We are approving local rules 

that regulate these emission sources 

under the Clean Air Act (CAA or the 

Act). 

DATES: This rule is effective on 

September 2, 2014 without further 

notice, unless EPA receives adverse 

comments by July 31, 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–2014–0312, 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 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: 

Nancy Levin, EPA Region IX, (415) 942– 

3848, levin.nancy@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 

rules 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 with the dates that they were 

adopted by the local air agency and 

submitted by the California Air 

Resources Board (CARB). 


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Federal Register / Vol. 79, No. 126 / Tuesday, July 1, 2014 / Rules and Regulations 37223 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Amended Submitted 

VCAPCD ......................................................... 74.13 Aerospace Assembly and Component Manufacturing Operations.09/11/12 04/22/13 

VCAPCD ......................................................... 74.24 Marine Coating Operations ............................ 09/11/12 04/22/13 

On June 26, 2013, EPA determined 

that the submittal for Ventura County 

Air Pollution Control District (VCAPCD) 

Rules 74.13 and 74.24 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 previous versions of Rules 

74.13 and 74.24 in the SIP. We 

approved earlier versions of Rule 74.13 

into the SIP on 10/25/2005 (70 FR 

61561), 4/19/2001 (66 FR 20086), and 2/ 

12/1996 (61 FR 5288). We approved 

earlier versions of Rule 74.24 into the 

SIP on 10/25/2005 (70 FR 61561), 4/19/ 

2001 (66 FR 20086), and 11/03/1997 (62 

FR 59284). The VCAPCD adopted 

revisions to the SIP-approved versions 

of Rules 74.13 and 74.24 on 9/11/12 and 

CARB submitted them to us on 4/22/

2013. 

C. What is the purpose of the submitted 

rules revision? 

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. The main purpose of the rule 

revisions is to set more stringent VOC 

limits for solvent cleaners. Rule 74.13 

limits Reactive Organic Compound 

(ROC) content to 25 grams per liter (g/ 

l) or requires solvent cleaner vapor 

pressure to be less than five millimeters 

of Mercury at 20 degrees Celsius. Rule 

74.24 limits ROC content to 25 g/l. 

EPA’s technical support document 

(TSD) has 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). The VCAPCD 

regulates an ozone nonattainment area 

classified as serious for the 8-hour 

ozone NAAQS (see 40 CFR Part 81.305), 

so Ventura must implement RACT for 

all major sources. 

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. CTG for Control of Volatile Organic 

Compounds (VOC) from Coating at 

Aerospace Manufacturing and Rework 

Facilities EPA–453/R–97–004, 

December 1997. 

5. 40 CFR part 63 Subpart GG— 

National Emission Standards for 

Aerospace Manufacturing and Rework 

Facilities. 

6. Control Techniques Guidelines for 

Shipbuilding and Ship Repair 

Operations (Surface Coating), EPA, 61 

FR 44050 (Tuesday, August 27, 1996). 

7. 40 CFR Part 63, Subpart II—Volatile 

Organic HAP (VOHAP) Limits for 

Marine Coatings. 

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. According to the VCAPCD, 

there are no existing or anticipated 

sources in the District that would meet 

the Aerospace CTG or major source 

threshold of 25 tons per year of VOC. 

Therefore, Rule 74.13 is not required to 

meet RACT. 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 July 31, 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 September 2, 

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 CAA, 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 CAA. 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 


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37224 Federal Register / Vol. 79, No. 126 / Tuesday, July 1, 2014 / Rules and Regulations 

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 CAA; 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by September 2, 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: May 23, 2014. 

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)(429) (i)(A)(4) and 

(5) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(429) * * * 

(i) * * * 

(A) * * * 

(4) Rule 74.13, ‘‘Aerospace Assembly 

and Component Manufacturing 

Operations,’’ revised on September 11, 

2012. 

(5) Rule 74.24, ‘‘Marine Coating 

Operations,’’ revised on September 11, 

2012. 

* * * * * 

[FR Doc. 2014–15391 Filed 6–30–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0336 FRL–9912–64– 

Region–9] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

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 San 

Joaquin Valley Unified Air Pollution 

Control District [SJVUAPCD] portion of 

the California State Implementation 

Plan (SIP). These revisions concern 

basic enforcement authorities under the 

Clean Air Act (CAA or the Act). 

DATES: This rule is effective on 

September 2, 2014 without further 

notice, unless EPA receives adverse 

comments by July 31, 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–2014–0336, 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 


pmangrum on DSK3VPTVN1PROD with RULES