68320 Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Rules and Regulations 

1http://www.arb.ca.gov/coatings/arch/docs.htm. 

2Letter from Robert J. Kard, Air Pollution Control 

Officer of the SDCAPCD to the San Diego Air 

Pollution Control Board, June 24, 2015, p3. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2016–0291; FRL–9952–13– 

Region 9] 

Approval of California Air Plan 

Revisions, Sacramento Metropolitan 

Air Quality Management District and 

San Diego 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 

Sacramento Metropolitan Air Quality 

Management District (SMAQMD) and 

the San Diego County Air Pollution 

Control District (SDCAPCD) portions of 

the California State Implementation 

Plan (SIP). These revisions concern 

emissions of volatile organic 

compounds (VOCs) from architectural 

coatings. 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 

December 5, 2016 without further 

notice, unless the EPA receives adverse 

comments by November 3, 2016. 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 your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2016–0291 at http://

www.regulations.gov, or via email to 

Steckel.Andrew@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

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. 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 rescission? 

II. The EPA’s Evaluation and Action 

A. How is the 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 action 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

Local agency Rule number Rule title Adopted/ 

amended 

Repealed/ 

rescinded Submitted 

SDCAPCD ......................................... 67.0 Architectural Coatings ...................... 12/12/01 6/24/15 11/13/15 

SDCAPCD ......................................... 67.0.1 Architectural Coatings ...................... 6/24/15 ........................ 11/13/15 

SMAQMD .......................................... 442 Architectural Coatings ...................... 9/24/15 ........................ 3/11/16 

On April 19, 2016, the EPA 

determined that the submittal for 

SMAQMD Rule 442 met the 

completeness criteria in 40 CFR part 51, 

appendix V, which must be met before 

formal EPA review. On January 19, 

2016, the EPA determined that the 

submittals for SDCAPCD Rules 67.0 and 

67.0.1 met the completeness criteria. 

B. Are there other versions of these 

rules? 

There are no previous versions of 

Rule 67.0.1 in the SIP. We approved 

earlier versions of Rule 442 into the SIP 

on November 9, 1998 (63 FR 60214) and 

Rule 67.0 on June 20, 2013 (78 FR 

37130). 

C. What is the purpose of the submitted 

rules and rule rescission? 

VOCs help produce ground-level 

ozone, smog and particulate matter 

(PM), which harm human health and 

the environment. Section 110(a) of the 

CAA requires states to submit 

regulations that control VOC emissions. 

Architectural coatings are applied to 

stationary structures and their 

accessories. They include house paints, 

stains, industrial maintenance coatings, 

traffic coatings, and many other 

products. VOCs are emitted from the 

coatings during application and curing, 

and from the associated solvents used 

for thinning and clean-up. SMAQMD 

Rule 442 controls VOC emissions from 

architectural coatings by establishing 

VOC limits on any architectural coating 

supplied, sold, offered for sale or 

manufactured for use within the 

SMAQMD. Rule 442 was revised to 

align SMAQMD’s architectural coatings 

practices and VOC limits with those 

contained in CARB’s ‘‘2007 Suggested 

Control Measures for Architectural 

Coatings’’ (SCM),1 which are more 

stringent and make use of newer coating 

categories than the previous version of 

Rule 442. 

Similarly, SDCAPCD Rule 67.0.1 was 

adopted to align SDCAPCD’s 

architectural coatings practices and 

VOC limits with those contained in 

CARB’s SCM. Rule 67.0.1 replaces 

SDCAPCD Rule 67.0, which was 

rescinded. SDCAPCD elected to make 

these changes in a new rule, rather than 

in revisions to Rule 67.0, ‘‘due to the 

large number of revisions to existing 

Rule 67.0 that would be necessary to 

reflect the 2007 SCM.’’ 2


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Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Rules and Regulations 68321 

The EPA’s technical support 

documents (TSDs) have more 

information about these rules. 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rules? 

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 major stationary source 

of VOCs in ozone nonattainment areas 

classified as moderate or above (see 

CAA sections 182(b)(2)). The SMAQMD 

has been designated as severe 

nonattainment for the 2008 8-hour 

ozone National Ambient Air Quality 

Standard (NAAQS). The SDCAPCD 

regulates an ozone nonattainment area 

classified as moderate for the 2008 8- 

Hour Ozone NAAQS (40 CFR 81.305). 

As addressed further in the TSDs, 

because there are no relevant EPA CTG 

documents and because architectural 

coatings are considered area sources, 

architectural coating sources are not 

subject to RACT requirements. 

However, architectural coating sources 

are subject to other VOC content limits 

and control measures described in the 

TSDs. 

Guidance and policy documents that 

we use to evaluate enforceability, SIP 

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. ‘‘Suggested Control Measure for 

Architectural Coatings,’’ CARB, October 

2007. 

5. Code of Federal Regulations (CFR), 

title 40, part 59, subpart D—National 

Volatile Organic Compound Emission 

Standards for Architectural Coatings (40 

CFR 59.400 et seq.). 

B. Do the rules meet the evaluation 

criteria? 

We believe these rules and rule 

rescission are consistent with the 

relevant policy and guidance regarding 

enforceability, RACT and SIP 

relaxations. 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 but which are not currently the 

basis for rule disapproval. 

D. Public Comment and Final Action 

As authorized in section 110(k)(3) of 

the Act, the EPA is fully approving the 

submitted rules and rule rescission 

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 

and rule rescission. If we receive 

adverse comments by November 3, 

2016, 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 

December 5, 2016. This will incorporate 

these rules and this rule rescission into 

the federally enforceable SIP. 

Please note that if the 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, the 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 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

SMAQMD and SDCAPCD 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 through 

www.regulations.gov and at the EPA 

Region IX Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT 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, the 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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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 (Public Law 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 the 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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 


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68322 Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Rules and Regulations 

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. The 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 December 5, 

2016. 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 this Federal Register, rather 

than file an immediate petition for 

judicial review of this direct final rule, 

so that the 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, Particulate matter, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: August 24, 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. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(255)(i)(A)(7), 

(c)(354)(i)(F)(4), (c)(472)(i)(C), and 

(c)(474)(i)(B) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(255) * * * 

(i) * * * 

(A) * * * 

(7) Previously approved on November 

9, 1998, in paragraph (c)(255)(i)(A)(2) of 

this section and now deleted with 

replacement in paragraph 

(c)(474)(i)(B)(1) of this section, Rule 442, 

adopted on September 5, 1996. 

* * * * * 

(354) * * * 

(i) * * * 

(F) * * * 

(4) Previously approved on June 20, 

2013, in paragraph (c)(354)(i)(F)(3) of 

this section and now deleted without 

replacement, Rule 67.0, ‘‘Architectural 

Coatings,’’ adopted on December 12, 

2001. 

* * * * * 

(472) * * * 

(i) * * * 

(C) San Diego Air Pollution Control 

District. 

(1) Rule 67.0.1, ‘‘Architectural 

Coatings,’’ adopted on June 24, 2015. 

* * * * * 

(474) * * * 

(i) * * * 

(B) Sacramento Metropolitan Air 

Quality Management District. 

(1) Rule 442, ‘‘Architectural 

Coatings,’’ amended on September 24, 

2015. 

* * * * * 

[FR Doc. 2016–23837 Filed 10–3–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2013–0465; FRL–9952–82- 

Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Louisiana; Infrastructure State 

Implementation Plan Requirements for 

the National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving elements of 

State Implementation Plan (SIP) 

submittals from Louisiana which 

address the requirements of Clean Air 

Act (CAA) sections 110(a)(1) and (2) 

regarding the infrastructure 

requirements for the 2006 fine 

particulate matter (PM2.5), 2008 Lead 

(Pb), 2008 Ozone (O3), 2010 Nitrogen 

Dioxide (NO2), 2010 Sulfur Dioxide 

(SO2) and 2012 PM2.5 National Ambient 

Air Quality Standards (NAAQS). The 

infrastructure requirements are designed 

to ensure that the structural components 

of each state’s air quality management 

program are adequate to meet the state’s 

responsibilities as defined by the CAA. 

These infrastructure SIP (i-SIP) 

submittals address how the existing SIP 

provides for implementation, 

maintenance, and enforcement of the 

NAAQS. 

DATES: This rule is effective on 

November 3, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2013–0465. 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. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at EPA Region 6, 1445 Ross 

Avenue, Suite 700, Dallas, Texas 75202– 

2733. 

FOR FURTHER INFORMATION CONTACT: 

Sherry Fuerst 214–665–6454, 

fuerst.sherry@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means the EPA. 


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