[Federal Register Volume 79, Number 237 (Wednesday, December 10, 2014)]
[Rules and Regulations]
[Pages 73203-73205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28802]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0480; FRL-9919-76-Region 9]


Revisions to the California State Implementation Plan, Antelope 
Valley Air Quality Management District and South Coast Air Quality 
Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the Antelope Valley Air Quality 
Management District (AVAQMD) and South Coast Air Quality Management 
District (SCAQMD) portions of the California State Implementation Plan 
(SIP). These revisions concern particulate matter (PM) emissions from 
fugitive dust and abrasive blasting. 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 9, 2015 without further 
notice, unless EPA receives adverse comments by January 9, 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-
2014-0480, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email: <a href="/cdn-cgi/l/email-protection#c9babdacaaa2aca5e7a8a7adbbacbe89acb9a8e7aea6bf"><span class="__cf_email__" data-cfemail="a4d7d0c1c7cfc1c88ac5cac0d6c1d3e4c1d4c58ac3cbd2">[email protected]</span></a>.
    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: Christine Vineyard, EPA Region IX, 
(415) 947-4125, <a href="/cdn-cgi/l/email-protection#32445b5c574b5340561c515a405b41465b5c57725742531c555d44"><span class="__cf_email__" data-cfemail="a3d5cacdc6dac2d1c78dc0cbd1cad0d7cacdc6e3c6d3c28dc4ccd5">[email protected]</span></a>.

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 rule revisions?
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. 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 Resource Board.

[[Page 73204]]



                                            Table 1--Submitted Rules
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              Local agency                 Rule No.           Rule title              Amended        Submitted
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AVAQMD.................................          403  Fugitive Dust.............        04/20/10        07/20/10
SCAQMD.................................         1140  Abrasive Blasting.........        08/02/85        11/12/85
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    On May 12, 1986 and August 25, 2010, EPA determined that the 
submittal for SCAQMD Rule 1140 and AVAQMD Rule 403, respectively, met 
the completeness criteria in 40 CFR part 51 Appendix V, which must be 
met before formal EPA review. We recognize that we are acting on Rule 
1140 many years after California's submittal of the rule to EPA. 
SCAQMD, CARB and EPA staff uncovered the outstanding submittal as part 
of a broader review of California submittals in general. Despite the 
age of this submittal, SCAQMD, CARB and EPA staff preliminarily 
determined that it is still a legitimate submittal and, as discussed 
below, appropriate to incorporate into the SIP.

B. Are there other versions of these rules?

    We approved an earlier version of Rules 403 and 1140 into the SIP 
on June 14, 1978 and September 28, 1981, respectively. The AVAQMD 
adopted revisions to the SIP-approved version of Rule 403 on November 
8, 1992, July 9, 1993 and February 14, 1997, but they were not 
submitted to us.

C. What is the purpose of the submitted rule revisions?

    PM, including particulate matter of ten microns or less 
(PM<INF>10</INF>) and particulate matter of 2.5 microns or less 
(PM<INF>2.5</INF>), contributes to effects that are harmful to human 
health and the environment, including premature mortality, aggravation 
of respiratory and cardiovascular disease, decreased lung function, 
visibility impairment, and damage to vegetation and ecosystems. Section 
110(a) of the CAA requires States to submit regulations that control PM 
emissions. AVAQMD Rule 403 is revised to establish a general 20 percent 
opacity limit and requirements during high wind conditions, as well as 
to conform the rule to AVAQMD's attainment status and to clarify rule 
requirements. SCAQMD Rule 1140 limits particulate discharge, including 
PM<INF>10</INF> and PM<INF>2.5</INF>, into the atmosphere from abrasive 
blasting activities and sets standards for the abrasives that may be 
used in different blasting operations.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, 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). In addition, SIP 
rules must implement Reasonably Available Control Measures (RACM), 
including Reasonably Available Control Technology (RACT), in moderate 
PM<INF>10</INF> nonattainment areas, and Best Available Control 
Measures (BACM), including Best Available Control Technology (BACT), in 
serious PM<INF>10</INF> nonattainment areas (see CAA sections 189(a)(1) 
and 189(b)(1)). The AVAQMD does not regulate any PM<INF>2.5</INF> or 
PM<INF>10</INF> nonattainment areas, so AVAQMD Rule 403 is not subject 
to RACM requirements at this time. The SCAQMD regulates a 
PM<INF>2.5</INF> nonattainment area classified as moderate (see 40 CFR 
81.305), so the RACM requirement applies to this area.\1\
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    \1\ EPA generally takes action on a RACM demonstration as part 
of our action on the State's attainment demonstration for the 
relevant NAAQS, based on an evaluation of the control measures 
submitted as a whole and their overall potential to advance the 
applicable attainment date in the area.
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    Guidance and policy documents that we use to evaluate 
enforceability and RACM/RACT or BACM/BACT requirements consistently 
include the following:

    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, 
and Deviations,'' EPA, May 25, (revised January 11, 1990) (the 
Bluebook).
    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).
    4. ``State Implementation Plans for Serious PM-10 Nonattainment 
Areas, and Attainment Date Waivers for PM-10 Nonattainment Areas 
Generally; Addendum to the General Preamble for the Implementation 
of Title I of the Clean Air Act Amendments of 1990,'' 59 FR 41998 
(August 16, 1994).
    5. ``PM-10 Guideline Document,'' EPA 452/R-93-008, April 1993.
    6. ``Fugitive Dust Background Document and Technical Information 
Document for Best Available Control Measures,'' EPA 450/2-92-004, 
September 1992.

B. Do the rules meet the evaluation criteria?

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

C. EPA Recommendations to Further Improve the Rules

    The TSD describes additional rule revisions that we recommend for 
the next time the local agency modifies the rule.

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 January 9, 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 February 9, 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. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the

[[Page 73205]]

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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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, this rule does 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.
    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 February 9, 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 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Particulate 
matter, Reporting and recordkeeping requirements.

    Dated: November 3, 2014.
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

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(165)(i)(B)(2) and 
(c)(381)(i)(G)(3) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (165) * * *
    (i) * * *
    (B) * * *
    (2) Rule 1140, ``Abrasive Blasting,'' amended on August 2, 1985.
* * * * *
    (381) * * *
    (i) * * *
    (G) * * *
    (3) Rule 403, ``Fugitive Dust,'' amended on April 20, 2010.
* * * * *
[FR Doc. 2014-28802 Filed 12-9-14; 8:45 am]
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