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 Environmental Protection Agency 40 CFR Part 52
[EPA-R09-OAR-2015-0083; FRL-9924-73-Region 9]
 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?
                        ( print page 16290) 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
SubmittedPCAPCD
249
Surface Coating of Plastic Parts and Products
8/8/13
5/13/14VCAPCD
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 
                    ( print page 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 underExecutive 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 inExecutive Order 13132 (64 FR 43255, August 10, 1999);
                Is not an economically significant regulatory action based on health or safety risks subject toExecutive Order 13045 (62 FR 19885, April 23, 1997);
                Is not a significant regulatory action subject toExecutive 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 underExecutive 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
  
 (c) * * * (441) * * * (i) * * * (B) * * * (
                            *3*) Rule 249, “Surface Coating of Plastic Parts and Products,” adopted on August 8, 2013. (C) * * * (
                            *2*) Metalworking Fluids and Direct-Contact Lubricants,” adopted on November 12, 2013.


[FR Doc. 2015-06858 Filed 3-26-15; 8:45 am] BILLING CODE 6560-50-P