Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Rules and Regulations 76219 

Rule No. Rule title 

State 

effective 

date 

EPA 

effective 

date 

Final rule citation/date Comments 

Section 6.13 ........... Visibility Monitoring: Theodore 

Roosevelt National Park.

1/9/96 6/20/97 62 FR 19224, 4/21/97 

Chapter 7. Review of New Sources and Modifications. 

Sections 7.1 thru 

7.6.

Review of New Sources and 

Modifications.

1/24/72 5/31/72 37 FR 10842, 5/31/72 

Chapter 7.7. Air Quality Modeling. 

Section 7.7 ............. Air Quality Modeling .............. 4/1/09 10/17/09 77 FR 57029, 9/17/09 

Chapter 7.8. Interstate Transport. 

Section 7.8 ............. Interstate Transport of Air 

Pollution.

4/1/09 7/6/10 75 FR 31290, 6/3/10 

Section 7.8.1 .......... Interstate Transport Relating 

to the 1997 8-hour Ozone 

and PM2.5 National Ambient 

Air Quality Standards.

4/1/09 12/22/10 75 FR 71023, 11/22/10 

Chapter 8. Source Surveillance. 

Chapter 8 ............... Source Surveillance ............... 1/24/72 5/31/72 37 FR 10842, 5/31/72 

Chapter 9. Resources. 

Chapter 9 ............... Resources .............................. 4/1/09 10/17/12 77 FR 57029, 9/17/12 

Chapter 10. Intergovernmental Cooperation. 

Chapter 10. ............ Intergovernmental Cooperation.1/24/72 5/31/72 37 FR 10842, 5/31/72 

Chapter 12. The Small Business Assistance Program. 

Chapter 12 ............. The Small Business Assistance Program.10/23/92 2/10/94 59 FR 1485, 1/11/94 

[FR Doc. 2015–30823 Filed 12–7–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0690; FRL–9937–29– 

Region 9] 

Approval of California Air Plan 

Revisions, South Coast Air Quality 

Management District and Yolo-Solano 

Air Quality Management 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 South 

Coast Air Quality Management District 

(SCAQMD) and Yolo-Solano Air Quality 

Management District (YSAQMD) 

portions of the California State 

Implementation Plan (SIP). These 

revisions concern emissions of volatile 

organic compounds (VOCs) from motor 

vehicle and mobile equipment 

refinishing coating operations. 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 February 

8, 2016 without further notice, unless 

the EPA receives adverse comments by 

January 7, 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 comments, 

identified by docket number [EPA–R09– 

OAR–2015–0690, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the online 

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: Once submitted, 

comments cannot be edited or 

withdrawn. 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. If you need to 

include CBI as part of your comment, 

please visit http://www.epa.gov/

dockets/comments.html for further 

instructions. 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. For the full EPA public comment 

policy and general guidance on making 

effective comments, please visit http:// 

www2.epa.gov/dockets/commentingepa-dockets. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov or 

in hard copy at EPA Region IX, 75 


Lhorne on DSK9F6TC42PROD with RULES
76220 Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Rules and Regulations 

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) 

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 

rule revisions? 

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 No. Rule title Adopted/ 

revised Submitted 

SCAQMD .................................... 1151 Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations.09/05/14 04/07/15 

YSAQMD .................................... 2.26 Motor Vehicle and Mobile Equipment Coating Operations ............ 10/10/08 06/26/15 

On April 30, 2015 and August 13, 

2015, the EPA determined that the 

submittals for SCAQMD Rule 1151 and 

YSAQMD Rule 2.26 respectively 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 previous versions of Rules 

1151 and 2.26 in the SIP. The SCAQMD 

and the YSAQMD adopted earlier 

versions of these rules on June 13, 1997 

and April 27, 1994 respectively, and 

CARB submitted them to us on March 

10, 1998 and February 24, 1995 

respectively. We approved these 

versions of Rules 1151 and 2.26 into the 

SIP on August 13, 1999 (64 FR 44134) 

and April 30, 1996 (61 FR 18962) 

respectively. The SCAQMD amended 

Rule 1151 on December 2, 2005, and 

CARB submitted the amended rule to us 

on April 6, 2009. We approved this 

version of Rule 1151 on September 24, 

2013 (78 FR 58459). 

C. What is the purpose of the submitted 

rules revisions? 

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. 

Rules 1151 and 2.26 establish limits on 

the emission of VOC and workplace 

standards for motor vehicle and mobile 

equipment coating operations. They also 

regulate related recordkeeping, 

reporting, and monitoring requirements. 

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 source of VOCs in 

ozone nonattainment areas classified as 

moderate or above (see CAA section 

182(b)(2)). SCAQMD and YSAQMD 

regulate ozone nonattainment areas 

classified as extreme and severe 

respectively for the 2008 8-Hour Ozone 

National Ambient Air Quality Standards 

(NAAQS) (40 CFR 81.305). There are no 

EPA CTG documents relevant to the 

sources addressed by these rules. 

However, CARB’s ‘‘Suggested Control 

Measures for Automotive Coating’’ is 

useful in defining RACT for these 

activities. 

Guidance and policy documents that 

we used 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. The Code of Federal Regulations (CFR) 

Title 40 Subpart B National Volatile Organic 

Compound Emission Standards for 

Automobile Refinish Coatings § 59.102 

Standards table 1 (40 CFR 59.102, table 1). 

5. SCAQMD Rule 1151, ‘‘Motor Vehicle 

and Mobile Equipment Non-Assembly Line 

Coating Operations,’’ approved into the SIP 

on September 24, 2013 (78 FR 58459). 

6. SCAQMD Rule 1151, ‘‘Motor Vehicle 

and Mobile Equipment Non-Assembly Line 

Coating Operations,’’ amended September 5, 

2014. 

7. YSAQMD Rule 2.26, ‘‘Motor Vehicle and 

Mobile Equipment Coating Operations,’’ 

approved into the SIP on April 30, 1996 (61 

FR 18962). 

8. YSAQMD Rule 2.26, ‘‘Motor Vehicle and 

Mobile Equipment Coating Operations,’’ 

amended October 10, 2008. 

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 TSDs have more 

information on our evaluation. 

C. EPA Recommendations To Further 

Improve The Rule(s) 

The TSDs describe additional rule 

revisions that we recommend for the 

next time the local agency modifies the 


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Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Rules and Regulations 76221 

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, the 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 January 7, 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 February 8, 

2016. This will incorporate these rules 

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 

SCAQMD and YSAQMD 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). 

IV. Statutory and Executive Order 

Reviews 

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, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. 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 (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 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 

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 February 8, 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 today’s 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, Inter-governmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: November 5, 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)(461)(i)(C) and 

(c)(463)(i)(B) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(461) * * * 

(i) * * * 


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76222 Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Rules and Regulations 

(C) South Coast Air Quality 

Management District. 

(1) Rule 1151, ‘‘Motor Vehicle and 

Mobile Equipment Non-Assembly Line 

Coating Operations,’’ amended on 

September 5, 2014. 

* * * * * 

(463) * * * 

(i) * * * 

(B) Yolo-Solano Air Quality 

Management District. 

(1) Rule 2.26, ‘‘Motor Vehicle and 

Mobile Equipment Coating Operations,’’ 

revised on December 10, 2008. 

* * * * * 

[FR Doc. 2015–30828 Filed 12–7–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0619; FRL–9936–67– 

Region 9] 

Revisions to the California State 

Implementation Plan, Antelope Valley 

Air Quality Management District, 

Feather River Air Quality Management 

District and Santa Barbara 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 

Antelope Valley Air Quality 

Management District (AVAQMD), 

Feather River Air Quality Management 

District (FRAQMD), and Santa Barbara 

County Air Pollution Control District 

(SBCAPCD) 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 February 

8, 2016 without further notice, unless 

the EPA receives adverse comments by 

January 7, 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 comments, 

identified by docket number [EPA–R09– 

OAR–2015–0619, 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: Once submitted, 

comments cannot be edited or 

withdrawn. 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. If you need to 

include CBI as part of your comment, 

please visit http://www.epa.gov/

dockets/comments.html for further 

instructions. 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. For the full EPA public comment 

policy and general guidance on making 

effective comments, please visit http:// 

www.epa.gov/dockets/comments.html. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at 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 

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) 

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 revisions? 

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 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

Local agency Rule No. Rule title Adopted/ 

amended Submitted 

AVAQMD ......................................................... 1113 Architectural Coatings .................................... 3/18/2003 5/13/2014 

FRAQMD ......................................................... 3.15 Architectural Coatings .................................... 8/4/2014 11/6/2014 

SBCAPCD ....................................................... 323.1 Architectural Coatings .................................... 6/19/2014 11/6/2014 

On May 13, 2014 the EPA determined 

that the submittal for AVAQMD Rule 

1113 met the completeness criteria in 40 

CFR part 51 Appendix V, which must be 

met before formal EPA review. 

On December 18, 2014, the submittal 

for FRAQMD Rule 3.15 and SBCAPCD 

Rule 323.1 was deemed by operation of 

law to meet the completeness criteria in 

40 CFR part 51 Appendix V. 

B. Are there other versions of these 

rules? 

There is a previous version of 

AVAQMD 1113 adopted by the district 

on March 18, 2003. The EPA finalized 

a simultaneous limited approval and 

limited disapproval of this version on 

August 26, 2004 (69 FR 52432). 

We approved Sutter County Air 

Pollution Control District (SCAPCD) 

Rule 3.15, ‘‘Architectural Coatings,’’ and 

Yuba County Air Pollution Control 

District (YCAPCD) Rule 3.15, 

‘‘Architectural Coatings,’’ into the 

California SIP on May 3, 1982. SCAPCD 

and YCAPCD joined together to form the 

FRAQMD on September 3, 1991; 

however, SCAPCD Rule 3.15 and 

YCAPCD Rule 3.15 have remained in 

the SIP. The EPA is approving removal 


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