Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Rules and Regulations 33195 

EPA-APPROVED IOWA REGULATIONS—Continued 

Iowa citation Title 

State 

effective 

date 

EPA approval date Explanation 

*******

567–33.3 ............ Special Construction Permit Requirements for Major 

Stationary Sources in Areas Designated Attainment or Unclassified (PSD).

4/22/14 6/11/15 and [Insert Federal Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2015–14089 Filed 6–10–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0246; FRL–9928–09– 

Region 9] 

Revisions to the California State 

Implementation Plan, Butte County Air 

Quality Management District, Feather 

River Air Quality Management District, 

and San Luis Obispo County Air 

Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Butte County Air 

Quality Management District 

(BCAQMD), Feather River Air Quality 

Management District (FRAQMD), and 

San Luis Obispo County Air Pollution 

Control District (SLOCAPCD) portions 

of the California State Implementation 

Plan (SIP). These revisions concern 

emission statements, definitions, and 

vehicle and mobile equipment coating 

operations (VMECO). 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 August 

10, 2015 without further notice, unless 

the EPA receives adverse comments by 

July 13, 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–2015–0246, 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 the 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 the EPA, your email 

address will be automatically captured 

and included as part of the public 

comment. If the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the 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) 

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? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. The 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/ 

Amended Submitted 

BCAQMD .................................... 101 Definitions ....................................................................................... 4/24/14 11/06/14 

BCAQMD .................................... 434 Emissions Statements .................................................................... 4/25/13 2/10/14 

FRAQMD .................................... 3.19 Vehicle and Mobile Equipment Coating Operations ...................... 8/01/11 2/10/14 

SLOCAPCD ................................ 222 Federal Emission Statement .......................................................... 5/28/14 11/06/14 


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33196 Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Rules and Regulations 

1BCAQMD Rule 434, FRAQMD Rule 3.19, and 

SLOCAPCD Rule 222 are all new to the SIP and 

thus would not supersede any existing SIP rules. 

Upon the effective date of this final action, 

BCAQMD Rule 101 would supersede existing SIP 

BCAQMD Rules 101 (‘‘Title’’) and 102 

(‘‘Definitions’’), approved at 52 FR 3226 (February 

3, 1987), in the applicable California SIP, except for 

the following definitions from existing SIP 

BCAQMD Rule 102: ‘‘approved ignition devices,’’ 

‘‘open out-door fire,’’ ‘‘permissive burn day,’’ 

‘‘range improvement burning,’’ ‘‘submerged fill 

pipe,’’ and ‘‘vapor recovery system.’’ While these 

terms are no longer included in BCAQMD’s 

definitions rule (i.e., Rule 101), they are relied upon 

by certain existing SIP prohibitory rules, such as 

existing SIP BCAQMD Rules 213, 215, 302, 313, 

317, and 323. 

On May 5, 2014, the EPA determined 

that the submittal for BCAQMD Rule 

434 and FRAQMD Rule 3.19 met the 

completeness criteria in 40 CFR part 51 

Appendix V, which must be met before 

formal EPA review. On December 18, 

2014, the EPA determined that 

BCAQMD Rule 101 and SLOCAPCD 

Rule 222 met the completeness criteria. 

B. Are there other versions of these 

rules? 

There are no previous versions of 

BCAQMD Rule 434, FRAQMD Rule 

3.19, and SLOCAPCD Rule 222 in the 

SIP. We approved an earlier version of 

BCAQMD Rule 101 into the SIP on 

February 3, 1987 (52 FR 3226). 

C. What is the purpose of the submitted 

rules? 

Volatile Organic Compounds (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. 

BCAQMD Rule 101, ‘‘Definitions’’ is 

amended by adding new definitions and 

revising existing definitions which 

improve clarity and enforceability of 

other BCAQMD rules which reduce 

emissions. 

BCAQMD Rule 434 and SLOCAPCD 

Rule 222 require ‘‘Emissions 

Statements.’’ CAA section 182(a)(3)(B)(i) 

directs ozone nonattainment areas to 

require certified emission data from 

sources of VOCs and oxides of nitrogen 

(NOX). 

FRAQMD Rule 3.19, Vehicle and 

Mobile Equipment Coating Operations, 

establishes limits on the emission of 

VOC from VMECO. 

The EPA’s technical support 

documents (TSDs) have more 

information about these rules. 

II. 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). 

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. EPA’s draft ‘‘Guidance on the 

Implementation of an Emission Statement 

Program,’’ July 1992. 

5. FRAQMD ‘‘Reasonably Available 

Control Technology Analysis and Negative 

Declaration’’, July 3, 2014. 

6. National Volatile Organic Compound 

Emission Standards, 40 CFR 59.102, Subpart 

B, Table 1, VOC Content Limits for 

Automobile Refinish Coatings. 

7. California Air Resources Board (CARB) 

Resolution 05–46, October 20, 2005, 

Attachment A, ‘‘Suggested Control Measure 

for Automotive Coatings,’’ Section 4.1 

‘‘Coating Limits.’’ 

8. South Coast Air Quality Management 

District Rule 1151, Motor Vehicle and Motor 

Equipment Non-Assembly Line Coating 

Operations, amended December 2, 2005, and 

approved into the SIP on September 24, 2013 

(78 FR 58459.) 

9. San Joaquin Valley Unified Air Pollution 

Control District Rule 4612, Motor Vehicle 

and Mobile Equipment Coating Operations, 

amended October 21, 2010, and approved 

into the SIP on February 13, 2012 (77 FR 

7536.) 

10. Ventura County Air Quality 

Management District, Rule 74.18, Motor 

Vehicle and Mobile Equipment Coating 

Operations amended November 11, 2008, and 

approved into the SIP on September 24, 2013 

(78 FR 58459.) 

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)). 

The FRAQMD covers both Yuba and 

Sutter Counties, and the EPA has 

designated a portion of the FRAQMD 

(specifically, southern Sutter County) as 

a Severe nonattainment area for the 1- 

hour ozone standard and the 1997 and 

2008 8-hour ozone national ambient air 

quality standards (NAAQS or 

standards). See 40 CFR 81.305. 

Therefore, FRAQMD must implement 

RACT for at least portions of the 

District. The EPA believes that 

FRAQMD Rule 3.19 does not implement 

RACT-level requirements. However, on 

September 29, 2014, CARB submitted to 

the EPA on behalf of FRAQMD, 

‘‘Reasonably Available Control 

Technology Analysis and Negative 

Declaration,’’ dated July 3, 2014, which 

demonstrates that Rule 3.19 does not 

have to implement RACT because no 

CTGs apply to the source category and 

there are no major sources in the nonattainment area that the rule addresses. 

RACT is not required of the other rules 

addressed in this action because they 

are not intended to directly control 

emissions. 

As noted above, CAA section 

182(a)(3)(B)(i) requires all states with 

ozone nonattainment areas classified 

under subpart 2 (of part D of title I), i.e., 

as Marginal, Moderate, Serious, etc., to 

submit SIP revisions that require owners 

and operators of stationary sources of 

VOCs and NOX to provide the state with 

a statement showing the actual 

emissions from that source. The EPA 

has designated all or portions of 

BCAQMD and SLOCAPCD as Marginal 

nonattainment areas for the 1997 or the 

2008 8-hour ozone standards. See 40 

CFR 81.305. Thus, BCAQMD Rule 434 

and SLOCAPCD Rule 222 are required 

SIP revisions. Based on our evaluation 

of these two emissions statement rules, 

we find that they meet the requirements 

of CAA section 182(a)(3)(B)(i). 

B. Do the rules meet the evaluation 

criteria? 

We believe these rules are consistent 

with the relevant policy and guidance 

regarding enforceability, rule stringency, 

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 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.1 We do 

not think anyone will object to this 

approval, so we are finalizing it without 

proposing it in advance. However, in 


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Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Rules and Regulations 33197 

the Proposed Rules section of this 

Federal Register, we are simultaneously 

proposing approval of the same 

submitted rules. If we receive adverse 

comments by July 13, 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 August 10, 

2015. 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 

BCAQMD, FRAQMD and SLOCAPCD 

rules described in the amendments to 40 

CFR part 52 set forth below. The EPA 

has made, and will continue to make, 

these documents generally 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, 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 (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 August 10, 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 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, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: May 8, 2015. 

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)(442) (i)(E)(4) and 

(G) and (c)(457)(i)(C) and (D) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(442) * * * 

(i) * * * 

(E) * * * 

(4) Rule 3.19, ‘‘Vehicle and Mobile 

Equipment Coating Operations,’’ 

amended on August 1, 2011. 

* * * * * 


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33198 Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Rules and Regulations 

(G) Butte County Air Quality 

Management District. 

(1) Rule 434, ‘‘Emission Statements,’’ 

adopted on April 25, 2013. 

* * * * * 

(457) * * * 

(i) * * * 

(C) * * * 

(1) Rule 101, ‘‘Definitions,’’ amended 

on April 24, 2014. 

(D) San Luis Obispo County Air 

Pollution Control District. 

(1) Rule 222, ‘‘Federal Emission 

Statement,’’ adopted on May 28, 2014. 

* * * * * 

[FR Doc. 2015–14079 Filed 6–10–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 153 

Standards Related to Reinsurance, 

Risk Corridors, and Risk Adjustment 

Under the Affordable Care Act 

CFR Correction 

■ In Title 45 of the Code of Federal 

Regulations, Parts 1 to 199, revised as of 

October 1, 2014, on page 781, in 

§ 153.210, remove paragraphs (a)(2)(i) 

through (iii). 

[FR Doc. 2015–14262 Filed 6–10–15; 8:45 am] 

BILLING CODE 1505–01–D 


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