Revisions to the California State Implementation Plan, Sacramento Metropolitan Air Quality Management District, 32240-32241 [E8-12474]
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32240
Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Rules and Regulations
Name of non-regulatory SIP revision
Applicable geographic area
State submittal date
EPA approval date
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8–Hour Ozone Maintenance Plan
and 2002 Base-Year Inventory.
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Wayne County .................................
12/17/2007 ..
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June 6, 2008 [Insert page number
where the document begins].
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[FR Doc. E8–12589 Filed 6–5–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2008–0228; FRL–8567–4]
Revisions to the California State
Implementation Plan, Sacramento
Metropolitan Air Quality Management
District
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action to approve revisions to the
Sacramento Metropolitan Air Quality
Management District (SMAQMD)
portion of the California State
Implementation Plan (SIP). Under
authority of the Clean Air Act as
amended in 1990 (CAA or the Act), we
are approving a local rule that requires
submission of emission statements from
stationary sources that emit volatile
organic compounds and oxides of
nitrogen.
This rule is effective on August
5, 2008 without further notice, unless
EPA receives adverse comments by July
7, 2008. 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–2008–0228, by one of the
following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions.
2. E-mail: 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 https://
www.regulations.gov, including any
personal information provided,
dwashington3 on PRODPC61 with RULES
DATES:
VerDate Aug<31>2005
14:56 Jun 05, 2008
Jkt 214001
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
https://www.regulations.gov or email. https://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 e-mail
directly to EPA, your e-mail 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: The index to the docket for
this action is available electronically at
https://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 in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), 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.
Mae
Wang, EPA Region IX, (415) 947–4124,
wang.mae@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. The State’s Submittal
A. What rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted
rule?
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rule?
B. Does the rule meet the evaluation
criteria?
C. EPA recommendations to further
improve the rule
D. Public comment and final action
III. Statutory and Executive Order Reviews
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
Additional
explanation
*
I. The State’s Submittal
A. What rule did the State submit?
SMAQMD Rule 105, Emission
Statement, was adopted by the
SMAQMD on September 5, 1996, and
submitted by the California Air
Resources Board (CARB) on May 18,
1998.
On July 17, 1998, the rule submittal
was found to meet the completeness
criteria in 40 CFR Part 51, Appendix V,
which must be met before formal EPA
review.
B. Are there other versions of this rule?
The previous version of Rule 105 was
adopted on May 20, 1993, and CARB
submitted it to us on November 18,
1993. We approved this version of Rule
105 into the SIP on May 26, 2004 (69 FR
29880).
C. What is the purpose of the submitted
rule?
Section 110(a) of the CAA requires
states to submit regulations that control
volatile organic compounds (VOC),
oxides of nitrogen (NOX), particulate
matter, and other air pollutants which
harm human health and the
environment. SMAQMD Rule 105 was
developed as part of the local agency’s
program to control these pollutants. It
was also developed to establish the
requirement for stationary sources of
VOC and NOX to submit emission
statements, as required by the CAA.
EPA’s technical support document
(TSD) has more information about this
rule.
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rule?
This rule contains administrative
requirements that support SMAQMD’s
program to implement the CAA and
control emissions of VOC and NOX. In
combination with the other
requirements, this rule must be
enforceable (see section 110(a) of the
Act) and must not relax existing
requirements (see sections 110(l) and
193). EPA policy that we use to help
evaluate enforceability requirements
consistently includes the Bluebook
(‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and
Deviations,’’ EPA, May 25, 1988) and
the Little Bluebook (‘‘Guidance
E:\FR\FM\06JNR1.SGM
06JNR1
Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Rules and Regulations
Document for Correcting Common VOC
& Other Rule Deficiencies,’’ EPA Region
9, August 21, 2001).
B. Does the rule meet the evaluation
criteria?
We believe this rule is consistent with
the relevant policy and guidance
regarding enforceability and SIP
relaxations. The TSD has more
information on our evaluation.
C. EPA Recommendations To Further
Improve the Rule
The TSD describes additional rule
revisions that do not affect EPA’s
current action but are recommended for
the next time the local agency modifies
the rule.
dwashington3 on PRODPC61 with RULES
D. Public Comment and Final Action
As authorized in section 110(k)(3) of
the Act, EPA is fully approving the
submitted rule because we believe it
fulfills 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 rule. If we receive adverse
comments by July 7, 2008, 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 5,
2008. This will incorporate the rule 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
VerDate Aug<31>2005
14:56 Jun 05, 2008
Jkt 214001
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 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, 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
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
32241
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by August 5, 2008.
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. 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, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: April 11, 2008.
Jane Diamond,
Acting Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(255)(i)(A)(6) to
read as follows:
I
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(255) * * *
(i) * * *
(A) * * *
(6) Rule 105, Emission Statement,
adopted on April 20, 1993, and
amended September 5, 1996.
*
*
*
*
*
[FR Doc. E8–12474 Filed 6–5–08; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 08–1185; MB Docket No. 08–30; RM–
11419]
Television Broadcasting Services;
Riverside, CA
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
E:\FR\FM\06JNR1.SGM
06JNR1
Agencies
[Federal Register Volume 73, Number 110 (Friday, June 6, 2008)]
[Rules and Regulations]
[Pages 32240-32241]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12474]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2008-0228; FRL-8567-4]
Revisions to the California State Implementation Plan, Sacramento
Metropolitan Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve revisions to the
Sacramento Metropolitan Air Quality Management District (SMAQMD)
portion of the California State Implementation Plan (SIP). Under
authority of the Clean Air Act as amended in 1990 (CAA or the Act), we
are approving a local rule that requires submission of emission
statements from stationary sources that emit volatile organic compounds
and oxides of nitrogen.
DATES: This rule is effective on August 5, 2008 without further notice,
unless EPA receives adverse comments by July 7, 2008. 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-
2008-0228, by one of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions.
2. E-mail: 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 https://
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 https://
www.regulations.gov or e-mail. https://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 e-mail directly to EPA, your e-mail 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: The index to the docket for this action is available
electronically at https://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 in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), 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: Mae Wang, EPA Region IX, (415) 947-
4124, wang.mae@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. The State's Submittal
A. What rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted rule?
II. EPA's Evaluation and Action
A. How is EPA evaluating the rule?
B. Does the rule meet the evaluation criteria?
C. EPA recommendations to further improve the rule
D. Public comment and final action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rule did the State submit?
SMAQMD Rule 105, Emission Statement, was adopted by the SMAQMD on
September 5, 1996, and submitted by the California Air Resources Board
(CARB) on May 18, 1998.
On July 17, 1998, the rule submittal was found to meet the
completeness criteria in 40 CFR Part 51, Appendix V, which must be met
before formal EPA review.
B. Are there other versions of this rule?
The previous version of Rule 105 was adopted on May 20, 1993, and
CARB submitted it to us on November 18, 1993. We approved this version
of Rule 105 into the SIP on May 26, 2004 (69 FR 29880).
C. What is the purpose of the submitted rule?
Section 110(a) of the CAA requires states to submit regulations
that control volatile organic compounds (VOC), oxides of nitrogen
(NOX), particulate matter, and other air pollutants which
harm human health and the environment. SMAQMD Rule 105 was developed as
part of the local agency's program to control these pollutants. It was
also developed to establish the requirement for stationary sources of
VOC and NOX to submit emission statements, as required by
the CAA. EPA's technical support document (TSD) has more information
about this rule.
II. EPA's Evaluation and Action
A. How is EPA evaluating the rule?
This rule contains administrative requirements that support
SMAQMD's program to implement the CAA and control emissions of VOC and
NOX. In combination with the other requirements, this rule
must be enforceable (see section 110(a) of the Act) and must not relax
existing requirements (see sections 110(l) and 193). EPA policy that we
use to help evaluate enforceability requirements consistently includes
the Bluebook (``Issues Relating to VOC Regulation Cutpoints,
Deficiencies, and Deviations,'' EPA, May 25, 1988) and the Little
Bluebook (``Guidance
[[Page 32241]]
Document for Correcting Common VOC & Other Rule Deficiencies,'' EPA
Region 9, August 21, 2001).
B. Does the rule meet the evaluation criteria?
We believe this rule is consistent with the relevant policy and
guidance regarding enforceability and SIP relaxations. The TSD has more
information on our evaluation.
C. EPA Recommendations To Further Improve the Rule
The TSD describes additional rule revisions that do not affect
EPA's current action but are recommended 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 rule because we believe it fulfills 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 rule. If we
receive adverse comments by July 7, 2008, 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 5, 2008. This will incorporate the
rule 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 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, 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, 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 August 5, 2008. 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. 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,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: April 11, 2008.
Jane Diamond,
Acting Regional Administrator, Region IX.
0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
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)(255)(i)(A)(6) to
read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(255) * * *
(i) * * *
(A) * * *
(6) Rule 105, Emission Statement, adopted on April 20, 1993, and
amended September 5, 1996.
* * * * *
[FR Doc. E8-12474 Filed 6-5-08; 8:45 am]
BILLING CODE 6560-50-P