Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations 16289 

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 NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(e)(1) is amended by adding a new entry 

following the existing entries for 

‘‘Regional Haze Plan’’ to read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(e) * * * 

(1) * * * 

Name of non-regulatory 

SIP revision Applicable geographic area 

State 

submittal 

date 

EPA Approval date Additional explanation 

*******

Regional Haze Plan ..................... Statewide ..................................... 3/25/14 3/27/15 [Insert Federal 

Register citation].

Rulemaking pertains to 

Boiler No. 1 of the 

Cheswick Power Plant 

in Allegheny County. 

Limited approval removes 

SO2 and NOX Best 

Available Retrofit Technology limits. Limited 

disapproval relates to 

the Federal Implementation Plan at § 52.2042(b) 

and (c). 

*******

* * * * * 

[FR Doc. 2015–06965 Filed 3–26–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0083; FRL–9924–73– 

Region 9] 

Revisions to the California State 

Implementation Plan, Placer County 

Air Pollution Control District and the 

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 Placer 

County Air Pollution Control District 

(PCAPCD) and Ventura County Air 

Pollution Control District (VCAPCD) 

portions of the California State 

Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from the 

surface coating of plastic parts and 

products, metalworking fluids (MWF) 

and direct-contact lubricants (DCL). 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 May 26, 

2015 without further notice, unless EPA 

receives adverse comments by April 27, 

2015. 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–2015–0083, 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: 

Arnold Lazarus, EPA Region IX, (415) 

947–3024, lazarus.arnold@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? 


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16290 Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations 

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. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules addressed by 

this Submittal with the dates that they 

were adopted by the local air agencies 

and submitted by the California Air 

Resources Board. 

TABLE 1—SUBMITTED RULES

Local agency Rule 

number Rule title Adopted Submitted 

PCAPCD ................................... 249 ......... Surface Coating of Plastic Parts and Products ........................... 8/8/13 5/13/14 

VCAPCD ................................... 74.31 ...... Metalworking Fluids and Direct-Contact Lubricants .................... 11/12/13 5/13/14 

On July 18, 2014, EPA determined 

that the submittals for PCAPCD Rule 

249 and VCAPCD Rule 74.31 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 

PCAPCD Rule 249 or VCAPCD Rule 

74.31 in the SIP. 

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. Rule 249 establishes VOC 

content limits and workplace standards 

for the surface coating of plastic parts 

and products. It also describes related 

recordkeeping, reporting, and 

monitoring requirements. Rule 74.31 

establishes VOC content limits and 

usage for MWF and DCL. Rule 74.31 

applies to any person who uses MWF 

and DCL commercially or industrially 

and to any manufacturer or supplier 

who supplies, sells, or offers for sale 

either MWF or DCL for use at industrial 

or commercial facilities. Such persons 

must use compliant fluids as specified 

by rule 74.31. 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? 

40 CFR 81.305 describes PCAPCD as 

regulating an ozone nonattainment area 

classified as Severe and VCAPCD 

classified as Serious for the 8-hour 

ozone National Ambient Air Quality 

Standard (NAAQS) (2008 Standard). SIP 

rules must be enforceable (see CAA 

section 110(a)(2)), must not interfere 

with applicable requirements 

concerning attainment and reasonable 

further progress or other CAA 

requirements (see CAA section 110(l)), 

and must not modify certain SIP control 

requirements in nonattainment areas 

without ensuring equivalent or greater 

emissions reductions (see CAA section 

193). 

Generally, SIP rules must require 

Reasonably Available Control 

Technology (RACT) for each category of 

sources covered by a Control 

Techniques Guidelines (CTG) document 

as well as each VOC major source in 

ozone nonattainment areas classified as 

moderate or above (see sections 

182(b)(2) and 182(f)). 

Guidance and policy documents that 

we use to evaluate enforceability, 

revision/relaxation and rule stringency 

requirements for the applicable criteria 

pollutants include the following: 

1. ‘‘State Implementation Plans; General 

Preamble for the Implementation of Title 

I of the Clean Air Act Amendments of 

1990,’’ (57 FR 13498, April 16, 1992 and 

57 FR 18070, April 28, 1992). 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations’’ 

(‘‘the Bluebook,’’ U.S. EPA, May 25, 

1988; revised January 11, 1990). 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies’’ (‘‘the Little Bluebook’’, 

EPA Region 9, August 21, 2001). 

4. ‘‘Control Techniques Guidelines for 

Miscellaneous Metal and Plastic Parts 

Coatings’’ (CTG), September 2008. (EPA 

453–R–008–003). 

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 VOC content limits and 

usage requirements in Rule 249 are 

equivalent or more stringent to the 

relevant sections of EPA’s 2008 metal 

parts CTG, implement RACT and 

strengthen the SIP. Rule 74.31 

strengthens the SIP because the 

VCAPCD did not have a SIP approved 

rule regulating MWF and DCL and there 

exists no relevant CTG, but we also 

believe Rule 74.31 implements RACT. 

The TSDs associated with each rule 

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 but are not currently the basis for 

rule disapproval. 

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 April 27, 2015, 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 May 26, 2015. 

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. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 


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Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations 16291 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

PCAPCD and VCAPCD rules described 

in the amendments to 40 CFR 52 set 

forth below. The EPA has made, and 

will continue to make, these documents 

available electronically through 

www.regulations.gov and in hard copy 

at the appropriate EPA office (see the 

ADDRESSES section of this preamble for 

more information). 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, 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). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. 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 May 26, 2015. 

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: February 27, 2015. 

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)(441)(i)(B)(3) and 

(c)(441)(i)(C)(2) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(441) * * * 

(i) * * * 

(B) * * * 

(3) Rule 249, ‘‘Surface Coating of 

Plastic Parts and Products,’’ adopted on 

August 8, 2013. 

(C) * * * 

(2) Metalworking Fluids and DirectContact Lubricants,’’ adopted on 

November 12, 2013. 

* * * * * 

[FR Doc. 2015–06858 Filed 3–26–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2013–0804; FRL–9925–13– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Reasonably Available Control 

Technology for the 1997 8-Hour Ozone 

National Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing its proposal 

to approve revisions to the Texas State 

Implementation Plan (SIP) for the 

Houston/Galveston/Brazoria (HGB) and 

Dallas Fort Worth (DFW) 1997 8-Hour 

ozone nonattainment areas. The HGB 

area consists of Brazoria, Chambers, Fort 

Bend, Galveston, Harris, Liberty, 

Montgomery and Waller counties. The 

DFW area consists of Collin, Dallas, 


asabaliauskas on DSK5VPTVN1PROD with RULES