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[Federal Register Volume 78, Number 82 (Monday, April 29, 2013)]
[Proposed Rules]
[Pages 25011-25013]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10048]

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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0853; FRL-9806-4]

Revisions to the California State Implementation Plan, Antelope 
Valley Air Quality Management District, Santa Barbara County Air 
Pollution Control District, South Coast Air Quality Management District 
and Ventura County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the Antelope Valley 
Air Quality Management District (AVAQMD), Santa Barbara County Air 
Pollution Control District (SBCAPCD), South Coast Air Quality 
Management District (SCAQMD) and Ventura County Air Pollution Control 
District (VCAPCD) portions of the California State Implementation Plan 
(SIP). These revisions concern Volatile Organic Compounds (VOC) 
emissions from motor vehicle and mobile equipment coating operations 
and from graphic arts operations. We are approving local rules that 
regulate these emission sources under the Clean Air Act (``CAA'' or 
``the Act''). We are taking comments on this proposal and plan to 
follow with a final action.

DATES: Any comments must arrive by May 29, 2013.

ADDRESSES: Submit comments, identified by docket number R09-OAR-2012-
0853, 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.
    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. 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: Adrianne Borgia, EPA Region IX, (415) 
972-3576, borgia.adrianne@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?
II. EPA's Evaluation and Action
A. How is EPA evaluating these 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 addressed by this proposal with the dates 
that they were amended or revised by the local air agency and submitted 
by the California Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
           Local agency                Rule No.             Rule title            Amended/revised     Submitted
----------------------------------------------------------------------------------------------------------------
AVAQMD............................         1151     Motor Vehicle and Mobile   Amended 6/19/12.....      9/21/12
                                                     Equipment Coating
                                                     Operations.

[[Page 25012]]

 
SBCAPCD...........................          339     Motor Vehicle and Mobile   Revised 6/19/08.....     10/20/08
                                                     Equipment Coating
                                                     Operations.
SCAQMD............................         1151     Motor Vehicle and Mobile   Amended 12/2/05.....       4/6/09
                                                     Equipment Non-Assembly
                                                     Line Coating Operations.
VCAPCD............................           74.18  Motor Vehicle and Mobile   Revised 11/11/08....      3/17/09
                                                     Equipment Coating
                                                     Operations.
VCAPCD............................           74.19  Graphic Arts.............  Revised 6/14/11.....      9/27/11
----------------------------------------------------------------------------------------------------------------

    On October 11, 2012 for AVAQMD Rule 1151, November 18, 2008 for 
SBCAPCD Rule 339, May 13, 2009 for SCAQMD Rule 1151, April 20, 2009 for 
VCAPCD Rule 74.18 and October 24, 2011 for VCAPCD Rule 74.19, EPA 
determined that the submittals 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?

    We approved an earlier version of the following rules into the SIP: 
AVAQMD Rule 1151 on April 10, 2000 (65 FR 18901), SBCAPCD Rule 339 on 
November 13, 1998 (63 FR 63410), SCAQMD Rule 1151 on May 26, 2000 (65 
FR 34101), VCAPCD Rule 74.18 on April 19, 2001 (66 FR 20086) and VCAPCD 
Rule 74.19 on October 25, 1005 (70 FR 61561).

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. AVAQMD rule 1151, 
SBCAPCD rule 339, SCAQMD rule 1151 and VCAPCD rule 74.18 are rules that 
regulate VOC emissions from automotive and mobile equipment coating 
operations. VCAPCD rule 74.19 regulates VOC emissions from graphic arts 
operations. 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?

    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). AVAQMD, SCQAMD and VCAPCD 
regulate ozone nonattainment areas (see 40 CFR part 81), so Rules 
AVAQMD 1151, SCQAMD 1151, VCAPCD 74.18 and VCAPCD 74.19 must fulfill 
RACT.
    Guidance and policy documents that we use to evaluate 
enforceability and RACM/RACT requirements consistently include the 
following:
    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations; Clarification to Appendix D of November 24, 1987 Federal 
Register Notice,'' (Blue Book), notice of availability published in the 
May 25, 1988 Federal Register.
    2. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    3. ``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); 57 FR 18070 (April 28, 1992).
    3. ``Control Technique Guidelines for Emissions from Automobile 
Refinishing'' (EPA-450/3-88-009), October 1988.
    4. CARB Suggested Control Measure (SCM) for ``Automotive Coatings'' 
as approved by the Board on October 20, 2005.
    5. ``Control Techniques Guidelines for Offset Lithographic Printing 
and Letterpress Printing,'' EPA 453/R-06-002, September 2006.
    6. ``Control Techniques Guidelines for Industrial Cleaning 
Solvents,'' EPA 453/R-06-001, September 2006.

B. Does the rule meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability, RACM/RACT, and SIP relaxations. The 
TSDs have more information on our evaluation.

C. EPA Recommendations to Further Improve the Rule

    The TSDs describe additional rule revisions that we recommend for 
the next time the local agencies modify the rules. However, these 
recommendations are not currently the basis for rule disapproval.

D. Public Comment and Final Action

    Because EPA believes the submitted rules fulfill all relevant 
requirements, we are proposing to fully approve them as described in 
section 110(k)(3) of the Act. We will accept comments from the public 
on this proposal for the next 30 days. Unless we receive convincing new 
information during the comment period, we intend to publish a final 
approval action that will incorporate these rules into the federally 
enforceable SIP.

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

[[Page 25013]]

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 disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, these rules do 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Volatile organic 
compounds, Reporting and recordkeeping requirements.

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

    Dated: April 12, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2013-10048 Filed 4-26-13; 8:45 am]
BILLING CODE 6560-50-P
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