[Federal Register Volume 80, Number 235 (Tuesday, December 8, 2015)]
[Rules and Regulations]
[Pages 76222-76225]
[FR Doc No: 2015-30809]

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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.

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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), 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<EMAIL_ADDRESS>    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withdrawn.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<EMAIL_ADDRESS>
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
----------------------------------------------------------------------------------------------------------------
                                                                                Adopted/
             Local agency                  Rule No.            Rule title             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

of these rules because the SCAPCD and the YCAPCD no longer exist and
the requirements are superseded by FRAQMD Rule 3.15. Table 2 lists the
two superseded rules.

                                         Table 2--Rules To Be Superseded
----------------------------------------------------------------------------------------------------------------
                Local agency                    Rule No.                  Rule title                 Submitted
----------------------------------------------------------------------------------------------------------------
SCAPCD.....................................            3.15  Architectural Coatings.............       1/28/1981
YCAPCD.....................................            3.15  Architectural Coatings.............       3/30/1981
----------------------------------------------------------------------------------------------------------------

    There are no previous versions of SBCAPCD Rule 323.1 in the SIP.

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

    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. Architectural
coatings are coatings that are applied to stationary structures and
their accessories. They include house paints, stains, industrial
maintenance coatings, traffic coatings, and many other products. VOCs
are emitted from the coatings during application and curing, and from
the associated solvents used for thinning and clean-up.
    AVAQMD Rule 1113 controls VOC emissions from architectural coatings
by establishing VOC limits on any architectural coating supplied, sold,
offered for sale or manufactured for use within the AVAQMD. The major
revision to Rule 1113 is elimination of the averaging provision which
was the primary basis for the EPA's 2004 limited disapproval of a prior
version of this rule.
    Rule 3.15 and SBCAPCD Rule 323.1 similarly control VOC emissions by
establishing VOC limits on architectural coatings supplied, sold,
offered for sale or manufactured for use within the FRAQMD and SBCAPCD.
    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 sections 182(b)(2)). The EPA has designated a portion of the FRAQMD
(specifically, southern Sutter County) as a severe nonattainment area
for the 1-hour ozone national ambient air quality standards (NAAQS or
standards) and the 1997 and 2008 8-hour ozone standards. Similarly, the
EPA has designated the AVAQMD as severe nonattainment for the 2008 8-
hour ozone NAAQS, and the SBCAPCD as unclassifiable/attainment for the
2008 8-Hour Ozone NAAQS. See 40 CFR 81.305. Because there are no
relevant EPA CTG documents and because there are no major architectural
coating sources, architectural coatings are considered area sources of
VOC and are not subject to RACT requirements. However, architectural
coatings are subject to other VOC content limits and control measures
described in the TSDs.
    Guidance and policy documents that we used to evaluate the
enforceability, revision/relaxation and stringency requirements of this
rule 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. National Volatile Organic Compound Emission Standards for
Architectural Coatings, 40 CFR 59.400, Subpart D, Table 1, VOC
Content Limits for Architectural Coatings.
    5. California Air Resources Board (CARB) ``Suggested Control
Measure for Architectural Coatings,'' Approved 2007, February 1,
2008.
    6. AVAQMD Rule 1113,''Architectural Coatings,'' EPA Limited
Approval and Disapproval on August 26, 2004 (69 FR 52432).
    7. South Coast Air Quality Management District Rule 1113,
''Architectural Coatings,'' amended June 3, 2011, and approved into
the SIP on March 26, 2013 (78 FR 18244).
    8. SCAPCD Rule 3.15, Architectural Coatings, submitted January
28, 1981, and approved by the EPA May 3, 1982 (47 FR 18856).
    9. YCAPCD Rule 3.15, Architectural Coatings, submitted March 30,
1981, and approved by the EPA November 10, 1982 (47 FR 50865).
    10. FRAQMD Rule 3.15, Architectural Coatings, adopted June 19,
2014, and submitted November 6, 2014.
    11. SBCAPCD Rule 323.1 Architectural Coatings, adopted June 19,
2014, and submitted November 6, 2014.
    12. Final Rule To Implement the 8-Hour Ozone NAAQS--Phase 2, 70
FR 71612 (Nov. 25, 2005).

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, SIP relaxations and stringency. 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 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, 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
AVAQMD, FRAQMD, SBCAPCD, SCAPCD and YCAPCD 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 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 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, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: October 19, 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

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)(89)(iii)(E),
(c)(98)(i)(G), (c)(441)(i)(E)(3), (c)(457)(i)(A)(5), and (c)(457)(i)(G)
to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (89) * * *
    (iii) * * *
    (E) Previously approved on May 3, 1982, in paragraph
(c)(89)(iii)(A) of this section and now deleted with replacement in
paragraph (c)(457)(i)(A)(5) by Feather River Air Quality Management
District Rule 3.15, ``Architectural Coatings.''
* * * * *
    (98) * * *
    (i) * * *
    (G) Previously approved on May 3, 1982, in paragraph (c)(98)(i)(A)
of this section and now deleted with replacement in paragraph
(c)(457)(i)(A)(5) by Feather River Air Quality Management District Rule
3.15, ``Architectural Coatings.''
* * * * *
    (441) * * *
    (i) * * *
    (E) * * *

    (3) Rule 1113, ``Architectural Coatings,'' amended on March 18,
2003.
* * * * *
    (457) * * *
    (i) * * *
    (A) * * *
    (5) Rule 3.15, ``Architectural Coatings,'' amended on August 4,
2014.
* * * * *
    (G) Santa Barbara County Air Pollution Control District.
    (1) Rule 323.1, ``Architectural Coatings,'' adopted on June 19,
2014.
* * * * *
[FR Doc. 2015-30809 Filed 12-7-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: March 28, 2006 (Volume 71, Number 59)]
[Notices]
[Page 15403-15404]
[DOCID:fr28mr06-50]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP99-518-086]

Gas Transmission Northwest Corporation; Notice of Negotiated Rate

March 21, 2006.
    Take notice that on March 17, 2006, Gas Transmission Northwest
Corporation (GTN) tendered for filing as part of its FERC Gas Tariff,
Third Revised Volume No. 1-A, the following tariff sheets, to become
effective March 18, 2006:

Eighth Revised Sheet No. 24
Original Sheet No. 29A

    GTN states that a copy of this filing has been served on GTN's
jurisdictional customers and interested state regulatory agencies.

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-4456 Filed 3-27-06; 8:45 am]

BILLING CODE 6717-01-P


Organophosphate Pesticides Overview Anna Lowit, Ph. D.

Anna Lowit, Ph. D.

U. S. EPA U. S. EPA Office of Pesticide Programs Office of Pesticide Programs April 5, 2006 April 5, 2006 Common Mechanism Group:

Common Mechanism Group:

Organophosphate Pesticides Organophosphate Pesticides

Inhibition of AChE by phosphorylation:

° Brain ° Peripheral nervous system ( e. g., nerves in diaphragm, muscles)

° Surrogate/ Indicator ( RBC, Plasma)

U. S. EPA 1999 Policy Paper Issues for HSRB Issues for HSRB

Scientific conduct & study design

Ethical conduct

Azinphos methyl:

 Worker risk assessment and cumulative risk assessment

DDVP:

 Single chemical aggregate and cumulative risk assessment