48346 Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations 

1See ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations,’’ (a.k.a., 

Bluebook) EPA OAQPS, May 25, 1988. P2–7. 

(PDF). To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Dated: July 19, 2016. 

Sue Swenson, 

Acting Assistant Secretary for Special 

Education and Rehabilitative Services. 

[FR Doc. 2016–17404 Filed 7–22–16; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2016–0105; FRL–9947–69– 

Region 9] 

Limited Approval, Limited Disapproval 

of California Air Plan Revisions, 

Eastern Kern Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing a limited 

approval and limited disapproval of 

revisions to the Eastern Kern Air 

Pollution Control District (EKAPCD) 

portion of the California State 

Implementation Plan (SIP). These 

revisions concern volatile organic 

compounds (VOC) emitted from motor 

vehicle and mobile equipment 

refinishing operations. Under the 

authority of the Clean Air Act (CAA or 

the Act), this action simultaneously 

approves a local rule that regulates these 

emission sources and directs California 

to correct rule deficiencies. 

DATES: This rule will be effective on 

August 24, 2016. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2016–0105 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at http://

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California 94105–3901. 

While all documents in the docket are 

listed at http://www.regulations.gov, 

some information may be publicly 

available only at the hard copy location 

(e.g., copyrighted material, large maps, 

multi-volume reports), and some may 

not be available in either location (e.g., 

confidential business information 

(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) 

972–3024, lazarus.arnold@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. 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 (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Coordination 

With Indian Tribal Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Population 

I. Proposed Action 

On April 15, 2016 (81 FR 22204), the 

EPA proposed a limited approval and 

limited disapproval of the following 

rule that was submitted for 

incorporation into the California SIP. 

TABLE 1—SUBMITTED RULE

Local agency Rule No. Rule title Amended Submitted 

EKAPCD ................................. 410.4A Motor Vehicle and Mobile Equipment Refinishing Operations 03/13/14 07/25/14 

We proposed a limited approval 

because we determined that this rule 

improves the SIP and is largely 

consistent with the relevant CAA 

requirements. We simultaneously 

proposed a limited disapproval because 

some rule provisions conflict with 

section 110 and part D of the Act. These 

provisions include the following: 

• Paragraph VI(A), ‘‘VOC Content 

Limits,’’ provides VOC limits for cavity 

wax, deadener, gasket/gasket sealing 

material, lubricating wax/compounds 

and trunk interior coatings. However, in 

conflict with long-standing guidance on 

enforceability such as discussed in the 

Bluebook, these terms are not defined in 

the rule.1

Our proposed action contains more 

information on the basis for this 

rulemaking and on our evaluation of the 

submittal. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period we received no comments. 

III. EPA Action 

No comments were submitted that 

change our assessment of the rule as 

described in our proposed action. 

Therefore, as authorized in sections 

110(k)(3) and 301(a) of the Act, the EPA 

is finalizing a limited approval of the 

submitted rule. This action incorporates 

the submitted rule into the California 

SIP, including those provisions 

identified as deficient. As authorized 

under section 110(k)(3) and 301(a), the 

EPA is simultaneously finalizing a 

limited disapproval of the rule. 

This final limited disapproval does 

not trigger sanctions or a federal 

implementation plan (FIP) clock. 

Sanctions will not be imposed under 

CAA 179(b) because the submittal of 

Rule 410.4A is discretionary (i.e., not 

required to be included in the SIP), and 

EPA will not promulgate a FIP in this 

instance under CAA 110(c)(1) because 

the disapproval does not reveal a 

deficiency in the SIP for the area that 

such a FIP must correct. Specifically, 

there is no EPA control techniques 

guidelines (CTG) for Motor Vehicle and 

Mobile Equipment Refinishing 

Operations and, according to CARB’s 

Facility Search Engine, there are no 

facilities that emit VOC in the EKAPCD 

for this category for the most recent 


asabaliauskas on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations 48347 

database year of 2013. Accordingly, the 

failure of the EKAPCD to adopt 

revisions to Rule 410.4A would not 

adversely affect the SIP’s compliance 

with the CAA’s requirements, such as 

the requirements for section 182 ozone 

reasonably available control technology 

(RACT), reasonable further progress, 

and attainment demonstrations. Note 

that the submitted rule has been 

adopted by the EKAPCD and the EPA’s 

final limited disapproval does not 

prevent the local agency from enforcing 

it. The limited disapproval also does not 

prevent any portion of the rule from 

being incorporated by reference into the 

federally enforceable SIP as discussed in 

a July 9, 1992 EPA memo found at: 

http://www.epa.gov/nsr/ttnnsr01/gen/

pdf/memo-s.pdf. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

EKAPCD rule described in the 

amendments to 40 CFR part 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). 

V. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA because this action does not 

impose additional requirements beyond 

those imposed by state law. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities beyond those imposed by state 

law. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. This action does not 

impose additional requirements beyond 

those imposed by state law. 

Accordingly, no additional costs to 

State, local, or tribal governments, or to 

the private sector, will result from this 

action. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Coordination 

With Indian Tribal Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175, because the SIP is not 

approved to apply on any Indian 

reservation land or in any other area 

where the EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction, and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not impose additional 

requirements beyond those imposed by 

state law. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Section 12(d) of the NTTAA directs 

the EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. The EPA believes that this 

action is not subject to the requirements 

of section 12(d) of the NTTAA because 

application of those requirements would 

be inconsistent with the CAA. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

The EPA lacks the discretionary 

authority to address environmental 

justice in this rulemaking. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

L. Petitions for Judicial Review 

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 September 23, 

2016. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this rule 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. 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, Particulate matter, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: June 3, 2016. 

Alexis Strauss, 

Acting 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. 


asabaliauskas on DSK3SPTVN1PROD with RULES
48348 Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations 

1The text of CAA section 126 codified in the 

United States Code cross references CAA section 

110(a)(2)(D)(ii) instead of CAA section 

110(a)(2)(D)(i). The courts have confirmed that this 

is a scrivener’s error and the correct cross reference 

is to CAA section 110(a)(2)(D)(i). See Appalachian 

Power Co. v. EPA, 249 F.3d 1032, 1040–44 (D.C. Cir. 

2001). 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(231)(i)(B) (9) and 

(c)(447)(i)(D)(5) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(231) * * * 

(i) * * * 

(B) * * * 

(9) Previously approved on November 

13, 1998 in paragraph (c)(231)(i)(B)(4) 

and now deleted with replacement in 

(c)(447)(i)(D)(5) Rule 410.4A amended 

on March 7, 1996. 

* * * * * 

(447) * * * 

(i) * * * 

(D) * * * 

(5) Rule 410.4A, ‘‘Motor Vehicle and 

Mobile Equipment Refinishing 

Operations,’’ amended on March 13, 

2014. 

* * * * * 

[FR Doc. 2016–17192 Filed 7–22–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–HQ–OAR–2016–0347; FRL–9949–42– 

OAR] 

Extension of Deadline for Action on 

the Section 126 Petition From 

Connecticut 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: In this action, the 

Environmental Protection Agency (EPA) 

is determining that 60 days is 

insufficient time to complete the 

technical and other analyses and public 

notice-and-comment process required 

for our review of a petition submitted by 

the state of Connecticut pursuant to 

section 126 of the Clean Air Act (CAA). 

The petition requests that the EPA make 

a finding that the Brunner Island Steam 

Electric Station located in York County, 

Pennsylvania, emits air pollution that 

significantly contributes to 

nonattainment and interferes with 

maintenance of the 2008 ozone national 

ambient air quality standards (NAAQS) 

in Connecticut. Under section 

307(d)(10) of CAA, the EPA is 

authorized to grant a time extension for 

responding to the petition if the EPA 

determines that the extension is 

necessary to afford the public, and the 

agency, adequate opportunity to carry 

out the purposes of the section 307(d)’s 

notice-and-comment rulemaking 

requirements. By this action, the EPA is 

making that determination. The EPA is 

therefore extending the deadline for 

acting on the petition to no later than 

January 25, 2017. 

DATES: This final rule is effective on July 

25, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2016–0347. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

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 

form. Publicly available docket 

materials are available electronically 

through http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Gobeail McKinley, Office of Air Quality 

Planning and Standards (C504–04), U.S. 

EPA, Research Triangle Park, North 

Carolina 27709, telephone number (919) 

541–5246, email: 

mckinley.gobeail@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Legal Requirements 

for Interstate Air Pollution 

This is a procedural action to extend 

the deadline for the EPA to respond to 

a petition from the state of Connecticut 

filed pursuant to CAA section 126(b). 

The EPA received the petition on June 

1, 2016. The petition requests that the 

EPA make a finding under section 

126(b) of the CAA that the Brunner 

Island Steam Electric Station located in 

York County, Pennsylvania is operating 

in a manner that emits air pollutants in 

violation of the provisions of section 

110(a)(2)(D)(i)(I) of the CAA with 

respect to the 2008 ozone NAAQS. 

Section 126(b) of the CAA authorizes 

states to petition the EPA to find that a 

major source or group of stationary 

sources in upwind states emits or would 

emit any air pollutant in violation of the 

prohibition of CAA section 

110(a)(2)(D)(i) 1 by contributing 

significantly to nonattainment or 

maintenance problems in downwind 

states. Section 110(a)(2)(D)(i)(I) of the 

CAA prohibits emissions of any air 

pollutant in amounts which will 

contribute significantly to 

nonattainment in, or interfere with 

maintenance by, any other state with 

respect to any NAAQS. The petition 

asserts that emissions from Brunner 

Island’s three major boiler units are 

linked to downwind nonattainment and 

maintenance ozone receptor sites in 

Connecticut for the 2008 ozone NAAQS 

and that this impact would be mitigated 

by regulation of nitrogen oxide 

emissions at the plant or shutting down 

the plant. 

Pursuant to CAA section 126(b), the 

EPA must make the finding requested in 

the petition, or must deny the petition, 

within 60 days of its receipt. Under 

CAA section 126(c), any existing 

sources for which the EPA makes the 

requested finding must cease operations 

within 3 months of the finding, except 

that the source may continue to operate 

if it complies with emission limitations 

and compliance schedules (containing 

increments of progress) that the EPA 

may provide to bring about compliance 

with the applicable requirements as 

expeditiously as practical but no later 

than 3 years from the date of the 

finding. 

CAA section 126(b) further provides 

that the EPA must hold a public hearing 

on the petition. The EPA’s action under 

section 126 is also subject to the 

procedural requirements of CAA section 

307(d). See CAA section 307(d)(1)(N). 

One of these requirements is notice-andcomment rulemaking, under section 

307(d)(3)–(6). 

In addition, CAA section 307(d)(10) 

provides for a time extension, under 

certain circumstances, for a rulemaking 

subject to CAA section 307(d). 

Specifically, CAA section 307(d)(10) 

provides: 

Each statutory deadline for promulgation 

of rules to which this subsection applies 

which requires promulgation less than six 

months after date of proposal may be 

extended to not more than six months after 

date of proposal by the Administrator upon 

a determination that such extension is 

necessary to afford the public, and the 

agency, adequate opportunity to carry out the 

purposes of the subsection. 

CAA section 307(d)(10) may be 

applied to section 126 rulemakings 

because the 60-day time limit under 

CAA section 126(b) necessarily limits 

the period for promulgation of a final 

rule after proposal to less than 6 

months. 

II. Final Rule 

A. Rule 

In accordance with CAA section 

307(d)(10), the EPA is determining that 


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