38966 Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Rules and Regulations 

CTG source category Negative declaration CTG reference document 

2006 

RACT 

SIP 

submitted 

7/11/07 

2009 

RACT 

SIP 

submitted 

10/27/09 

2014 

RACT 

SIP 

submitted 

9/29/14 

Wood Furniture Coating ................. EPA–453/R–96–007—Control of VOC Emissions from Wood Furniture 

Manufacturing Operations.

X ................ X 

[FR Doc. 2015–16627 Filed 7–7–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0037; FRL–9928–50– 

Region 9] 

Revisions to the California State 

Implementation Plan, Butte County Air 

Quality Management 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 Butte County Air 

Quality Management District 

(BCAQMD) portion of the California 

State Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC), oxides of nitrogen 

(NOX) and particulate matter (PM) 

emissions from open burning. Under 

authority of the Clean Air Act (CAA or 

the Act), this action simultaneously 

approves a local rule that regulates these 

emission sources and directs BCAQMD 

to correct rule deficiencies. 

DATES: This rule is effective on August 

7, 2015. 

ADDRESSES: The EPA has established 

docket number EPA–R09–OAR–2015– 

0037 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: 

Kevin Gong, EPA Region IX, (415) 972– 

3073, Gong.Kevin@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 

I. Proposed Action 

On February 11, 2015, in 80 FR 7555, 

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 

BCAQMD ........................................................ 300 Open Burning Requirements, Prohibitions 

and Exemptions.

02/24/11 09/21/12 

This rule supersedes the BCAQMD 

rules currently in the California SIP as 

listed below. 

TABLE 2—RULES TO BE SUPERSEDED

Rule Title SIP approval date FR citation 

301 ............................................................................ Prohibitions on Open Burning .................................. February 3, 1987 ...... 52 FR 3226. 

302 ............................................................................ Exemptions to Rule 301 .......................................... February 3, 1987 ...... 52 FR 3226. 

303 ............................................................................ Burn Permits ............................................................ February 3, 1987 ...... 52 FR 3226. 

304 ............................................................................ Exemptions to Rule 303 .......................................... February 3, 1987 ...... 52 FR 3226. 

306 ............................................................................ Information Furnished by Permit Applicant ............. February 3, 1987 ...... 52 FR 3226. 

307 ............................................................................ Ignition Hours ........................................................... February 3, 1987 ...... 52 FR 3226. 

308 ............................................................................ Notice of Intent to Ignite .......................................... February 3, 1987 ...... 52 FR 3226. 

309 ............................................................................ Freedom from Debris and Moisture ......................... February 3, 1987 ...... 52 FR 3226. 

310 ............................................................................ Arrangement of Agricultural and Wood Waste ........ February 3, 1987 ...... 52 FR 3226. 

311 ............................................................................ Drying Period ........................................................... February 3, 1987 ...... 52 FR 3226. 

312 ............................................................................ Wind Direction .......................................................... February 3, 1987 ...... 52 FR 3226. 

313 ............................................................................ Ignition Devices ........................................................ February 3, 1987 ...... 52 FR 3226. 

314 ............................................................................ Burning of Vines or Bushes Treated with Herbicides.February 3, 1987 ...... 52 FR 3226. 

315 ............................................................................ Rice Straw Burning .................................................. February 3, 1987 ...... 52 FR 3226. 

316 ............................................................................ Field Crop Ignition .................................................... February 3, 1987 ...... 52 FR 3226. 

317 ............................................................................ Field Crops Harvested Prior to September 10 ........ February 3, 1987 ...... 52 FR 3226. 


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Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Rules and Regulations 38967 

TABLE 2—RULES TO BE SUPERSEDED—Continued 

Rule Title SIP approval date FR citation 

318 ............................................................................ Restriction of Burning During Poor Air Quality Conditions.February 3, 1987 ...... 52 FR 3226. 

320 ............................................................................ Certificate from Department of Fish and Game ...... February 3, 1987 ...... 52 FR 3226. 

322 ............................................................................ Special Permit .......................................................... February 3, 1987 ...... 52 FR 3226. 

323 ............................................................................ Range Improvement Burning ................................... February 3, 1987 ...... 52 FR 3226. 

324 ............................................................................ Burning at Disposal Sites ........................................ February 3, 1987 ...... 52 FR 3226. 

325 ............................................................................ Exemption to Rule 324 ............................................ February 3, 1987 ...... 52 FR 3226. 

We proposed a limited approval 

because we determined that Rule 300 

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: 

1. Allowing the burning of rubbish 

under variance approved by hearing 

board in paragraphs 5.53 and 6.5. 

2. Air Pollution Control Officer 

discretion to waive drying time 

requirements in paragraph 8.2.4. 

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. 

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), EPA is 

simultaneously finalizing a limited 

disapproval of the rule. As a result, 

sanctions will be imposed unless the 

EPA approves subsequent SIP revisions 

that correct the rule deficiencies within 

18 months of the effective date of this 

action. These sanctions will be imposed 

under section 179 of the Act according 

to 40 CFR 52.31. In addition, the EPA 

must promulgate a federal 

implementation plan (FIP) under 

section 110(c) unless we approve 

subsequent SIP revisions that correct the 

rule deficiencies within 24 months. 

Note that the submitted rule has been 

adopted by the BCAQMD, 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 

BCAQMD rules 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 

A. Executive Order 12866, Regulatory 

Planning and Review 

The Office of Management and Budget 

(OMB) has exempted this regulatory 

action from Executive Order 12866, 

entitled ‘‘Regulatory Planning and 

Review.’’ 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3(b). 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to conduct 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements unless the 

agency certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

Small entities include small businesses, 

small not-for-profit enterprises, and 

small governmental jurisdictions. 

This rule will not have a significant 

impact on a substantial number of small 

entities because SIP limited approvals/ 

limited disapprovals under section 110 

and subchapter I, part D of the Clean Air 

Act do not create any new requirements 

but simply approve requirements that 

the State is already imposing. Therefore, 

because this limited approval/limited 

disapproval action does not create any 

new requirements, I certify that this 

action will not have a significant 

economic impact on a substantial 

number of small entities. 

Moreover, due to the nature of the 

Federal-State relationship under the 

Clean Air Act, preparation of flexibility 

analysis would constitute Federal 

inquiry into the economic 

reasonableness of State action. The 

Clean Air Act forbids the EPA to base 

its actions concerning SIPs on such 

grounds. Union Electric Co., v. U.S. 

EPA, 427 U.S. 246, 255–66 (1976); 42 

U.S.C. 7410(a)(2). 

D. Unfunded Mandates Reform Act 

Under sections 202 of the Unfunded 

Mandates Reform Act of 1995 

(‘‘Unfunded Mandates Act’’), signed 

into law on March 22, 1995, the EPA 

must prepare a budgetary impact 

statement to accompany any proposed 

or final rule that includes a Federal 

mandate that may result in estimated 

costs to State, local, or tribal 

governments in the aggregate; or to the 

private sector, of $100 million or more. 

Under section 205, the EPA must select 

the most cost-effective and least 

burdensome alternative that achieves 

the objectives of the rule and is 

consistent with statutory requirements. 

Section 203 requires the EPA to 

establish a plan for informing and 

advising any small governments that 

may be significantly or uniquely 

impacted by the rule. 

The EPA has determined that the 

limited approval/limited disapproval 

action promulgated does not include a 

Federal mandate that may result in 

estimated costs of $100 million or more 

to either State, local, or tribal 

governments in the aggregate, or to the 

private sector. This Federal action 

approves pre-existing requirements 

under State or local law, and imposes 

no new requirements. Accordingly, no 

additional costs to State, local, or tribal 


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38968 Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Rules and Regulations 

governments, or to the private sector, 

result from this action. 

E. Executive Order 13132, Federalism 

Federalism (64 FR 43255, August 10, 

1999) revokes and replaces Executive 

Orders 12612 (Federalism) and 12875 

(Enhancing the Intergovernmental 

Partnership). Executive Order 13132 

requires the EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that 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.’’ Under 

Executive Order 13132, the EPA may 

not issue a regulation that has 

federalism implications, that imposes 

substantial direct compliance costs, and 

that is not required by statute, unless 

the Federal government provides the 

funds necessary to pay the direct 

compliance costs incurred by State and 

local governments, or the EPA consults 

with State and local officials early in the 

process of developing the proposed 

regulation. The EPA also may not issue 

a regulation that has federalism 

implications and that preempts State 

law unless the Agency consults with 

State and local officials early in the 

process of developing the proposed 

regulation. 

This rule 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, as specified in 

Executive Order 13132, because it 

merely approves a State rule 

implementing a Federal standard, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the Clean 

Air Act. Thus, the requirements of 

section 6 of the Executive Order do not 

apply to this rule. 

F. Executive Order 13175, Coordination 

With Indian Tribal Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires the 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This final rule does not 

have tribal implications, as specified in 

Executive Order 13175. It will not have 

substantial direct effects on tribal 

governments, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes. 

Thus, Executive Order 13175 does not 

apply to this rule. 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 (62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This rule is not subject to 

Executive Order 13045, because it 

approves a State rule implementing a 

Federal standard. 

H. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12 of the National Technology 

Transfer and Advancement Act 

(NTTAA) of 1995 requires Federal 

agencies to evaluate existing technical 

standards when developing a new 

regulation. To comply with NTTAA, the 

EPA must consider and use ‘‘voluntary 

consensus standards’’ (VCS) if available 

and applicable when developing 

programs and policies unless doing so 

would be inconsistent with applicable 

law or otherwise impractical. 

The EPA believes that VCS are 

inapplicable to this action. This action 

does not require the public to perform 

activities conducive to the use of VCS. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

Executive Order (E.O.) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

The EPA lacks the discretionary 

authority to address environmental 

justice in this rulemaking. 

K. Congressional Review Act 

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. The EPA will 

submit a report containing this rule 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). This rule will be effective on 

August 7, 2015. 

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 8, 

2015. 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, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: May 18, 2015. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 


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Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Rules and Regulations 38969 

PART 52—[AMENDED] 

■ 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)(168)(i)(A)(7) and 

(c)(423)(i)(G)(1) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(168) * * * 

(i) * * * 

(A) * * * 

(7) Previously approved on February 

3, 1987 in paragraph (c)(168)(i)(A)(1) of 

this section and now deleted with 

replacement in paragraph 

(c)(423)(i)(G)(1) by Butte County APCD, 

Rule 300, as amended on February 24, 

2011, Rules 301, 302, 303, 304, 306, 307, 

308, 309, 310, 311, 312, 313, 314, 315, 

316, 317, 318, 319, 320, 322, 323, 324 

and 325. 

* * * * * 

(423) * * * 

(i) * * * 

(G) Butte County Air Quality 

Management District. 

(1) Rule 300, ‘‘Open Burning 

Requirements, Prohibitions and 

Exemptions,’’ amended on February 24, 

2011. 

* * * * * 

[FR Doc. 2015–16715 Filed 7–7–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2015–0106 FRL–9926–49– 

Region 7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Nebraska; Update to Materials 

Incorporated by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of 

administrative change. 

SUMMARY: The Environmental Protection 

Agency (EPA) is updating the materials 

submitted by Nebraska that are 

incorporated by reference (IBR) into the 

state implementation plan (SIP). EPA is 

also notifying the public of the 

correction of certain typographical 

errors within the IBR table. The 

regulations affected by this update have 

been previously submitted by the state 

agency and approved by EPA. This 

update affects the SIP materials that are 

available for public inspection at the 

National Archives and Records 

Administration (NARA), and the 

Regional Office. 

DATES: This rule is effective on July 8, 

2015. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following locations: Environmental 

Protection Agency, Region 7, 11201 

Renner Boulevard, Lenexa, Kansas 

66219; or at http://www.epa.gov/

region07/air/rules/fedapprv.htm; and 

the National Archives and Records 

Administration. For information on the 

availability of this material at NARA, 

call (202) 741–6030, or go to: 

www.archives.gov/federal-register/cfr/

ibr-locations.html. 

FOR FURTHER INFORMATION CONTACT: Jan 

Simpson at (913) 551–7089, or by email 

at simpson.jan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The SIP is a living document which 

the state revises as necessary to address 

the unique air pollution problems in the 

state. Therefore, EPA from time to time 

must take action on SIP revisions 

containing new and/or revised 

regulations to make them part of the 

SIP. On May 22, 1997 (62 FR 27968), 

EPA revised the procedures for 

incorporating by reference Federallyapproved SIPs, as a result of 

consultations between EPA and the 

Office of Federal Register (OFR). The 

description of the revised SIP 

document, IBR procedures and 

‘‘Identification of plan’’ format are 

discussed in further detail in the May 

22, 1997, Federal Register document. 

On February 12, 1999, EPA published 

a document in the Federal Register (64 

FR 7091) beginning the new IBR 

procedure for Nebraska. On December 1, 

2003, (68 FR 67045) and on July 30, 

2009 (74 FR 37939), EPA published 

updates to the IBR material for 

Nebraska. 

In this document, EPA is publishing 

an updated set of tables listing the 

regulatory (i.e., IBR) materials in the 

Nebraska SIP taking into account the 

additions, deletions, and revisions to 

those materials previously submitted by 

the state agency and approved by EPA. 

We are removing the EPA Headquarters 

Library from paragraph (b)(3), as IBR 

materials are no longer available at this 

location. Table (e) revisions include: 

• Adding text in the explanation 

column for (6)–(27). 

II. EPA Action 

In this action, EPA is doing the 

following: 

A. Announcing the update to the IBR 

material as of December 31, 2014. 

B. Revising the entry in § 52.1420(b) 

to reflect the update and corrections. 

C. Revising certain entries in 

§ 52.1420(e) as described above; 

D. Correcting the date format in the 

‘‘State effective date’’ or ‘‘State 

submittal date’’ and ‘‘EPA approval 

date’’ columns in § 52.1420(c), (d) and 

(e). Dates are numerical month/day/year 

without additional zeros; 

E. Modifying the Federal Register 

citation in § 52.1420(c), (d) and (e) to 

reflect the beginning page of the 

preamble as opposed to the page 

number of the regulatory text. 

EPA has determined that this rule 

falls under the ‘‘good cause’’ exemption 

in section 553(b)(3)(B) of the 

Administrative Procedures Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation and section 

553(d)(3), which allows an agency to 

make a rule effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). This rule simply codifies 

provisions which are already in effect as 

a matter of law in Federal and approved 

State programs. Under section 553 of the 

APA, an agency may find good cause 

where procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment is 

‘‘unnecessary’’ and ‘‘contrary to the 

public interest’’ since the codification 

only reflects existing law. Immediate 

notice in the CFR benefits the public by 

providing notice of the updated 

Nebraska SIP compilation. 

Statutory and Executive Order Reviews 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the Nebraska regulations 

described in the amendments to 40 CFR 

part 52 set forth below. EPA has made, 

and will continue to make, these 

documents generally available 

electronically through 

www.regulations.gov and/or in hard 

copy at the appropriate EPA office (see 

the ADDRESSES section of this preamble 

for more information). 

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, 


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