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[Federal Register: July 14, 2010 (Volume 75, Number 134)]
[Rules and Regulations]               
[Page 40726-40729]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jy10-5]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2010-0514; FRL-9172-3]

 
Revisions to the California State Implementation Plan, Sacramento 
Metropolitan Air Quality Management District and South Coast Air 
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Sacramento Metropolitan Air Quality Management District (SMAQMD) and 
South Coast Air Quality Management District (SCAQMD) portions of the 
California State Implementation Plan (SIP). These revisions concern 
volatile organic compound (VOC) from vanishing oils, rust inhibitors, 
plastic coatings, rubber coatings, glass coatings, and aerospace 
operations. We are approving local rules that regulate these emission 
sources under the Clean Air Act as amended in 1990 (CAA or the Act).

DATES: This rule is effective on September 13, 2010 without further 
notice, unless EPA receives adverse comments by August 13, 2010. 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-
2010-0514], by one of the following methods:
    1. Federal eRulemaking Portal:  http://www.regulations.gov. Follow 
the online instructions.
    2. E-mail: 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 http://www.regulations.gov,

[[Page 40727]]

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  http://www.regulations.gov or 
e-mail. http://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 e-mail directly to 
EPA, your e-mail 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: The index to the docket for this action is available 
electronically at http://www.regulations.gov and in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California. While all 
documents in the docket are listed in the index, some information may 
be publicly available only at the hard copy location (e.g., copyrighted 
material), 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: Nicole Law, EPA Region IX, (415) 947-
4126, law.nicole@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 and rule 
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 agencies and submitted by the California 
Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                                          Adopted/
            Local agency                Rule No.                Rule title                amended     Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD..............................         1144  Vanishing Oils and Rust Inhibitors.     03/06/09     05/17/10
SCAQMD..............................         1145  Plastic, Rubber, Leather, and Glass     12/04/09     05/17/10
                                                    Coatings.
SMAQMD..............................          456  Aerospace Assembly and Component        10/23/08     09/15/09
                                                    Coating Operations.
----------------------------------------------------------------------------------------------------------------

    On June 8, 2010, EPA determined that the submittal for SCAQMD 1144 
and SCAQMD 1145 met the completeness criteria in 40 CFR Part 51 
Appendix V, which must be met before formal EPA review.
    On January 21, 2010, EPA determined that the submittal for SMAQMD 
456 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 SCAQMD Rule 1144 in the SIP. We 
approved an earlier version of SCAQMD Rule 1145 into the SIP on May 4, 
1999 (64 FR 23774). The SCAQMD adopted revisions to the SIP-approved 
version on December 3, 2004 and December 4, 2009 and CARB submitted 
them to us on March 17, 2009 and May 17, 2010. An earlier version of 
SMAQMD Rule 456 was approved into the SIP on November 9, 1998 (63 FR 
60214) and the SMAQMD adopted a revision to that version on October 23, 
2008. CARB submitted it to us on September 15, 2009. While we can act 
on only the most recently submitted version, we have reviewed materials 
provided with previous submittals.

C. What is the purpose of the submitted rules and rule revisions?

    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. SCAQMD Rule 1144 will 
regulate vanishing oils and rust inhibitors at industrial facilities. 
SCAQMD Rule 1145 lowers VOC content limits and begins to regulate the 
leather coatings. SMAQMD Rule 456 lowers an exemption threshold and the 
VOC content limit for cleaning solvents. EPA's technical support 
documents (TSD) 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), must require Reasonably Available Control Technology (RACT) for 
each category of sources covered by a Control Techniques Guidelines 
(CTG) document as well as each major source in nonattainment areas (see 
sections 182(a)(2) and (b)(2)), and must not relax existing 
requirements (see sections 110(l) and 193). The SCAQMD and SMAQMD 
regulate ozone nonattainment areas (see 40 CFR part 81), so the 
districts must implement RACT for appropriate source categories.
    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. ``Model Volatile Organic Compound Rules for Reasonable Available 
Control Technology,'' EPA-Staff Working Document, June 1992.
    4. ``Control Techniques Guidelines for Miscellaneous Metal and 
Plastic Parts Coatings,'' EPA-453/R-08-003, September 2008.
    5. ``Surface Coating Operations at Aerospace Manufacturing & Rework 
Operations,'' EPA-453/R-97-004, December 1997.

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. SMAQMD 
Rule 456 has RACT deficiencies, but the rule is not subject to RACT 
because the one facility

[[Page 40728]]

in the district under this category emits less than 25 tons of VOC per 
year. 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 agencies modify 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 August 13, 2010, 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 13, 2010. This will incorporate the 
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. 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, as appropriate, disproportionate human health or environmental 
effects, using practicable 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 September 13, 2010. 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: June 18, 2010.
Jared Blumenfeld,
Regional Administrator, Region IX.

0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for Part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220, is amended by adding paragraphs (c)(377) (i)(A)(3) 
and (379) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (377) * * *
    (i) * * *
    (A) * * *
    (3) Rule 456, ``Aerospace Assembly and Component Coating 
Operations,'' amended on October 23, 2008.
* * * * *
    (379) New and amended regulations for the following APCDs were 
submitted on May 17, 2010 by the Governor's designee.
    (i) Incorporation by Reference.
    (A) South Coast Air Quality Management District.

[[Page 40729]]

    (1) Rule 1144, ``Vanishing Oils and Rust Inhibitors,'' adopted on 
March 6, 2009.
    (2) Rule 1145, ``Plastic, Rubber, Leather, and Glass Coatings,'' 
amended on December 4, 2009.
* * * * *
[FR Doc. 2010-17077 Filed 7-13-10; 8:45 am]
BILLING CODE 6560-50-P
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