Revisions to the California State Implementation Plan, South Coast Air Quality Management District, 18995-18997 [E9-9436]

Download as PDF Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations main drums of adequate power operated winches. (4) All lines shall be led through a type of fairlead acceptable to the Manager and the Corporation. (b) Unless otherwise permitted by the officer the following table sets out the requirements for the location of 18995 fairleads or closed chocks for ships of 100 m or more in overall length: TABLE Overall length of ships For mooring lines Nos. 1 and 2 For mooring lines Nos. 3 and 4 100 m or more but not more than 180 m .......... Shall be at a location on the ship side where the beam is at least 90% of the full beam of the vessel. Between 20 m & 50 m from the stern ............. Shall be at a location on the ship side where the beam is at least 90% of the full beam of the vessel. Between 20 m & 50 m from the stern. More than 180 m but not more than 222.5 m .... ■ 7. Revise § 401.38 to read as follows: § 401.38 Limit of approach to a lock. A vessel approaching a lock shall comply with directions indicated by the signal light system associated with the lock and in no case shall its stem pass the designated limit of approach sign while a red light or no light is displayed. ■ 8. In § 401.75, add a new paragraph (c) to read as follows: § 401.75 Payment of tolls. * * * * * (c) Fees for Seaway arranged security guard in compliance with Transport Canada Security regulations shall be paid in Canadian funds within 30 days of billing. ■ 9. In § 401.81 paragraph (a) is revised to read as follows: § 401.81 Reporting an accident. (a) Where a vessel on the Seaway is involved in an accident or a dangerous occurrence, the master of the vessel shall report the accident or occurrence, pursuant to the requirements of the Transportation Safety Board Regulations, to the nearest Seaway station and Transport Canada Marine Safety or U.S. Coast Guard office as soon as possible and prior to departing the Seaway system. * * * * * ■ 10. In § 401.96 paragraph (e) is revised to read as follows: § 401.96 Definitions. * * * * * (e) Wintering vessel means a vessel that enters the Seaway upbound after a date designated each year by the Corporation and the Manager and transits above Iroquois Lock. dwashington3 on PROD1PC60 with RULES 11. In § 401.97, the heading and paragraphs (f) introductory text and (f)(2) are revised to read as follows: ■ Local agency § 401.97 Closing procedures and ice navigation. * * * * * (f) Where ice conditions restrict navigation, * * * * * (2) No downbound vessel that has a power to length ratio of less than 15:1 (kW/meter) and a forward draft of less than 25 dm shall transit between the St. Lambert Lock and the Iroquois Lock of the Montreal-Lake Ontario Section of the Seaway and CIP 15 and CIP 16 of the Welland Canal. Issued at Washington, DC, on April 16, 2009. Saint Lawrence Seaway Development Corporation. Collister Johnson, Jr., Administrator. [FR Doc. E9–9233 Filed 4–24–09; 8:45 am] BILLING CODE 4910–61–P ENVIRONMENTAL PROTECTION AGENCY 14:31 Apr 24, 2009 ADDRESSES: EPA has established docket number EPA–R09–OAR–2008–0502 for this action. The index to the docket is available electronically at http:// 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. 40 CFR Part 52 [EPA–R09–OAR–2008–0502; FRL–8783–5] SUPPLEMENTARY INFORMATION: Revisions to the California State Implementation Plan, South Coast Air Quality Management District AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. EPA is finalizing approval of revisions to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation SUMMARY: Rule No. Jkt 217001 DATES: Effective Date: This rule is effective on May 27, 2009. FOR FURTHER INFORMATION CONTACT: ´˜ Francisco Donez, EPA Region IX, (213) 244–1834, Donez.Francisco@epa.gov. SCAQMD ........................................................ VerDate Nov<24>2008 Plan (SIP). These revisions were proposed in the Federal Register on July 30, 2008 and concern oxides of nitrogen (NOx) emissions from gaseous- and liquid-fueled internal combustion engines. We are approving a local rule that regulates these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). PO 00000 1110.2 Frm 00019 Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to EPA. Table of Contents I. Proposed Action II. Public Comments and EPA Responses III. EPA Action IV. Statutory and Executive Order Reviews I. Proposed Action On July 30, 2008 (73 FR 44204), EPA proposed to approve the following rule into the California SIP. Rule title Adopted Gaseous- and Liquid-Fueled Internal Combustion Engines. Fmt 4700 Sfmt 4700 E:\FR\FM\27APR1.SGM 27APR1 02/01/08 Submitted 05/20/08 18996 Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations We proposed to approve this rule because we determined that it complied with the relevant CAA requirements. Our proposed action contains more information on the rule and our evaluation. dwashington3 on PROD1PC60 with RULES II. Public Comments and EPA Responses EPA’s proposed action provided a 30day public comment period. During this period, we received comments from the following parties. 1. Charles Humphrey, Jr., Sempra Energy Utilities (SEU); letter dated August 29, 2008 and received August 29, 2008. 2. B. Sachau; e-mail message dated July 30, 2008 and received July 30, 2008. 3. U.S. Citizen (anonymous); web comment submitted July 31, 2008. The comments and our responses are summarized below. Comment #1: Rule 1110.2, subsection (f)(1)(G), requires that portable analyzers be operated only by persons appropriately trained and certified by the District. However, as of the date of the letter, the District had not initiated training or certification programs for this purpose. If operators are unable to obtain this required training in a timely manner, they may be prevented, through no fault of their own, from certifying compliance by the end of the reporting year as the rule requires. (SEU) Response #1: This comment more regards how Rule 1110.2 is implemented in the near term rather than the requirements of the rule. The commenter does not dispute those rule requirements. EPA’s proposal to approve Rule 1110.2 into the California SIP is based on the rule’s requirements as written, which fulfill the relevant CAA criteria for SIP approval. EPA contacted SCAQMD regarding this question in early October. The District informed us at that time that some training sessions had already been scheduled. For further questions, EPA recommends contacting SCAQMD directly, or referring to the District’s rule support documents at http:// www.aqmd.gov/rules/support.html. See also response #3. Comment #2: Rule 1110.2, subsection (f)(1)(C), requires that source testing shall be conducted in accordance with a District-approved source test protocol. However, as of the comment letter date the District had yet to issue written approval of the source test protocols that SEU submitted for its engines. Therefore, SEU may not be able to perform the required source tests before the Rule 1110.2 deadline, putting the VerDate Nov<24>2008 14:31 Apr 24, 2009 Jkt 217001 affected engines at risk of violating the rule. (SEU) Response #2: In a conversation in early October, SCAQMD assured us that if for some reason the District is unable to act on the submitted source test protocols in a timely manner, they would extend the relevant deadlines. Also see Response #1 and Response #3. Comment #3: By being constrained from fulfilling certain rule requirements in a timely manner (as in Comments #1 and #2 above), Title V facilities with engines regulated by Rule 1110.2 risk not being able to certify compliance for the period ending December 31, 2008. This problem could have significant repercussions for facilities, including leaving them susceptible to citizen lawsuits alleging violations of their Title V permits. Similarly, affected companies may not be able to provide a New Source Review (NSR) certification for a given Title V facility. We request that EPA consider these Title V compliance issues if amended Rule 1110.2 becomes SIP-approved. (SEU) Response #3: EPA acknowledges this concern and recognizes that sources may depend on District action in order to fully comply with the rule. Although these rule implementation issues do not affect our decision to approve Rule 1110.2, we are willing to work with SCAQMD to reasonably resolve concerns with related Title V permitting requirements. The other comments received did not relate to our proposal to approve Rule 1110.2, and are therefore not addressed here. III. EPA Action No comments were submitted that change our assessment that the submitted rule complies with the relevant CAA requirements. Therefore, as authorized in section 110(k)(3) of the Act, EPA is fully approving this rule into the California SIP. 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, 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: PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 • 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 E:\FR\FM\27APR1.SGM 27APR1 Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 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 June 26, 2009. 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, Particulate matter, Reporting and recordkeeping requirements. Dated: March 2, 2009. Laura Yoshii, Acting Regional Administrator, Region IX. Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: ■ PART 52—[AMENDED] 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 and reserving paragraph (c)(359) and by adding paragraph (c)(360) to read as follows: ■ § 52.220 Identification of plan. dwashington3 on PROD1PC60 with RULES * * * * * (c) * * * (359) [Reserved] (360) New and amended regulations were submitted on May 20, 2008 by the Governor’s designee. (i) Incorporation by Reference. (A) South Coast Air Quality Management District (1) Rule 1110.2, ‘‘Gaseous- and Liquid-Fueled Internal Combustion Engines, adopted on August 3, 1990 and amended February 1, 2008. [FR Doc. E9–9436 Filed 4–24–09; 8:45 am] BILLING CODE 6560–50–P VerDate Nov<24>2008 14:31 Apr 24, 2009 Jkt 217001 18997 whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise 40 CFR Part 271 protected from disclosure through http://www.regulations.gov, or e-mail. [EPA–R08–RCRA–2009–0212; FRL–8895–7] The federal Web site http:// www.regulations.gov is an ‘‘anonymous Montana: Final Authorization of State access’’ system, which means EPA will Hazardous Waste Management not know your identity or contact Program Revision information unless you provide it in the AGENCY: Environmental Protection body of your comment. If you send an Agency (EPA). e-mail comment directly to EPA without going through http:// ACTION: Immediate final rule. www.regulations.gov, your e-mail SUMMARY: The Solid Waste Disposal Act, address will be automatically captured as amended, commonly referred to as and included as part of the comment the Resource Conservation and that is placed in the public docket and Recovery Act (RCRA), allows the made available on the Internet. If you Environmental Protection Agency (EPA) submit an electronic comment, EPA to authorize States to operate their recommends that you include your hazardous waste management programs name and other contact information in in lieu of the federal program. Montana the body of your comment and with any has applied to EPA for Final disk or CD–ROM you submit. If EPA authorization of the changes to its cannot read your comment due to hazardous waste program under the technical difficulties and cannot contact RCRA. EPA has determined that these you for clarification, EPA may not be changes satisfy all requirements needed able to consider your comment. to qualify for final authorization, and is Electronic files should avoid the use of authorizing the State’s changes through special characters, any form of this immediate final action. encryption, and be free of any defects or viruses. For additional information DATES: This final authorization will about EPA’s public docket, visit the EPA become effective on June 26, 2009 Docket Center homepage at http:// unless EPA receives adverse written www.epa.gov/epahome/dockets.htm. comment by May 27, 2009. If adverse Docket: All documents in the docket comment is received, EPA will publish are listed in the http:// a timely withdrawal of the immediate www.regulations.gov index. Although final rule in the Federal Register listed in the index, some information informing the public that this may not be publicly available, e.g., CBI authorization will not take effect. or other information whose disclosure is ADDRESSES: Submit your comments, restricted by statute. Certain other identified by EPA–R08–RCRA–2009– material, such as copyrighted material, 0212, by one of the following methods: • Federal eRulemaking Portal: http:// will be publicly available only in hard www.regulations.gov. Follow the on-line copy. Publicly available docket materials are available either instructions for submitting comments. • E-mail: cosentini.christina@epa.gov. electronically through http:// www.regulations.gov or in hard copy • Fax: (303) 312–6341. from 9 a.m. to 4 p.m., at: EPA Region • Mail, Hand Delivery or Courier: 8, 1595 Wynkoop Street, Denver, Deliver your comments to Christina Colorado, contact: Christina Cosentini, Cosentini, Solid and Hazardous Waste phone number (303) 312–6231, or the Program, EPA Region 8, Mailcode 8P– Montana Department of Environmental HW, 1595 Wynkoop Street, Denver, Quality, from 9 a.m. to 4 p.m., Metcalf Colorado 80202–1129. Courier or hand Building, 1520 East Sixth Avenue, deliveries are only accepted during the Helena, Montana 59620, contact: Robert Regional Office’s normal hours of Martin, phone number (406) 444–4194. operation. The public is advised to call in advance to verify the business hours. The public is advised to call in advance to verify business hours. Special arrangements should be made FOR FURTHER INFORMATION CONTACT: for deliveries of boxed information. Instructions: Direct your comments to Christina Cosentini, 303–312–6231, cosentini.christina@epa.gov or Robert Docket ID No. EPA–R08–RCRA–2009– 0212. EPA’s policy is that all comments Martin, 406–444–4194, rmartin@mt.gov. received will be included in the public SUPPLEMENTARY INFORMATION: docket without change, including any A. Why Are Revisions to State personal information provided, unless Programs Necessary? the comment includes information claimed to be Confidential Business States that have received final Information (CBI) or other information authorization from EPA under RCRA ENVIRONMENTAL PROTECTION AGENCY PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\27APR1.SGM 27APR1

Agencies

[Federal Register Volume 74, Number 79 (Monday, April 27, 2009)]
[Rules and Regulations]
[Pages 18995-18997]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9436]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2008-0502; FRL-8783-5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is finalizing approval of revisions to the South Coast Air 
Quality Management District (SCAQMD) portion of the California State 
Implementation Plan (SIP). These revisions were proposed in the Federal 
Register on July 30, 2008 and concern oxides of nitrogen (NOx) 
emissions from gaseous- and liquid-fueled internal combustion engines. 
We are approving a local rule that regulates these emission sources 
under the Clean Air Act as amended in 1990 (CAA or the Act).

DATES: Effective Date: This rule is effective on May 27, 2009.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2008-0502 for 
this action. The index to the docket is available electronically at 
http://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: Francisco D[oacute][ntilde]ez, EPA 
Region IX, (213) 244-1834, Donez.Francisco@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On July 30, 2008 (73 FR 44204), EPA proposed to approve the 
following rule into the California SIP.

----------------------------------------------------------------------------------------------------------------
             Local agency                  Rule No.            Rule title             Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD................................          1110.2  Gaseous- and Liquid-            02/01/08        05/20/08
                                                         Fueled Internal
                                                         Combustion Engines.
----------------------------------------------------------------------------------------------------------------


[[Page 18996]]

    We proposed to approve this rule because we determined that it 
complied with the relevant CAA requirements. Our proposed action 
contains more information on the rule and our evaluation.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period. 
During this period, we received comments from the following parties.
    1. Charles Humphrey, Jr., Sempra Energy Utilities (SEU); letter 
dated August 29, 2008 and received August 29, 2008.
    2. B. Sachau; e-mail message dated July 30, 2008 and received July 
30, 2008.
    3. U.S. Citizen (anonymous); web comment submitted July 31, 2008.
    The comments and our responses are summarized below.
    Comment #1: Rule 1110.2, subsection (f)(1)(G), requires that 
portable analyzers be operated only by persons appropriately trained 
and certified by the District. However, as of the date of the letter, 
the District had not initiated training or certification programs for 
this purpose. If operators are unable to obtain this required training 
in a timely manner, they may be prevented, through no fault of their 
own, from certifying compliance by the end of the reporting year as the 
rule requires. (SEU)
    Response #1: This comment more regards how Rule 1110.2 is 
implemented in the near term rather than the requirements of the rule. 
The commenter does not dispute those rule requirements. EPA's proposal 
to approve Rule 1110.2 into the California SIP is based on the rule's 
requirements as written, which fulfill the relevant CAA criteria for 
SIP approval. EPA contacted SCAQMD regarding this question in early 
October. The District informed us at that time that some training 
sessions had already been scheduled. For further questions, EPA 
recommends contacting SCAQMD directly, or referring to the District's 
rule support documents at http://www.aqmd.gov/rules/support.html. See 
also response 3.
    Comment #2: Rule 1110.2, subsection (f)(1)(C), requires that source 
testing shall be conducted in accordance with a District-approved 
source test protocol. However, as of the comment letter date the 
District had yet to issue written approval of the source test protocols 
that SEU submitted for its engines. Therefore, SEU may not be able to 
perform the required source tests before the Rule 1110.2 deadline, 
putting the affected engines at risk of violating the rule. (SEU)
    Response #2: In a conversation in early October, SCAQMD assured us 
that if for some reason the District is unable to act on the submitted 
source test protocols in a timely manner, they would extend the 
relevant deadlines. Also see Response 1 and Response 
3.
    Comment #3: By being constrained from fulfilling certain rule 
requirements in a timely manner (as in Comments 1 and 
2 above), Title V facilities with engines regulated by Rule 
1110.2 risk not being able to certify compliance for the period ending 
December 31, 2008. This problem could have significant repercussions 
for facilities, including leaving them susceptible to citizen lawsuits 
alleging violations of their Title V permits. Similarly, affected 
companies may not be able to provide a New Source Review (NSR) 
certification for a given Title V facility. We request that EPA 
consider these Title V compliance issues if amended Rule 1110.2 becomes 
SIP-approved. (SEU)
    Response #3: EPA acknowledges this concern and recognizes that 
sources may depend on District action in order to fully comply with the 
rule. Although these rule implementation issues do not affect our 
decision to approve Rule 1110.2, we are willing to work with SCAQMD to 
reasonably resolve concerns with related Title V permitting 
requirements.
    The other comments received did not relate to our proposal to 
approve Rule 1110.2, and are therefore not addressed here.

III. EPA Action

    No comments were submitted that change our assessment that the 
submitted rule complies with the relevant CAA requirements. Therefore, 
as authorized in section 110(k)(3) of the Act, EPA is fully approving 
this rule into the California SIP.

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, 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

[[Page 18997]]

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 June 26, 2009. 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, 
Particulate matter, Reporting and recordkeeping requirements.

    Dated: March 2, 2009.
Laura Yoshii,
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]

    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 and reserving paragraph (c)(359) 
and by adding paragraph (c)(360) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (359) [Reserved]
    (360) New and amended regulations were submitted on May 20, 2008 by 
the Governor's designee.
    (i) Incorporation by Reference.
    (A) South Coast Air Quality Management District
    (1) Rule 1110.2, ``Gaseous- and Liquid-Fueled Internal Combustion 
Engines, adopted on August 3, 1990 and amended February 1, 2008.

[FR Doc. E9-9436 Filed 4-24-09; 8:45 am]
BILLING CODE 6560-50-P