Revisions to the California State Implementation Plan, San Diego Air Pollution Control District, 26525-26527 [E9-12791]

Download as PDF Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Rules and Regulations G. The Treasury and General Government Appropriations Act, 1999— Assessment of Federal Regulations and Policies on Families The FDIC has determined that this final rule will not affect family wellbeing within the meaning of section 654 of the Treasury and General Government Appropriations Act, enacted as part of the Omnibus Consolidated and Emergency and Emergency Supplemental Appropriations Act of 1999 (Pub. L. 105–277, 112 Stat. 2681). F. Solicitation of Comments on Use of Plain Language dwashington3 on PROD1PC60 with RULES burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology. Pending publication of the initial 60-day notice, interested parties are invited to submit written comments on the estimated burden for applications to issue non-guaranteed debt and to participate in the extended DGP by any of the following methods: • https://www.FDIC.gov/regulations/ laws/federal/propose.html. • E-mail: comments@fdic.gov. Include the name and number of the collection in the subject line of the message. • Mail: Leneta Gregorie (202–898– 3719), Counsel, Federal Deposit Insurance Corporation, 550 17th Street, NW., Washington, DC 20429. • Hand Delivery: Comments may be hand-delivered to the guard station at the rear of the 550 17th Street Building (located on F Street), on business days between 7 a.m. and 5 p.m. A copy of the comment may also be submitted to the OMB Desk Officer for the FDIC, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 3208, Washington, DC 20503. All comments should refer to the name and number of the collection. ENVIRONMENTAL PROTECTION AGENCY Section 722 of the Gramm-LeachBliley Act, Public Law 106–102, 113 Stat. 1338, 1471 (Nov. 12, 1999), requires the federal banking agencies to use plain language in all proposed and final rules published after January 1, 2000. The FDIC invites your comments on how to make this regulation easier to understand. For example: • Has the FDIC organized the material to suit your needs? If not, how could this material be better organized? • Are the requirements in the regulation clearly stated? If not, how could the regulation be more clearly stated? • Does the regulation contain language or jargon that is not clear? If so, which language requires clarification? • Would a different format (grouping and order of sections, use of headings, paragraphing) make the regulation easier to understand? If so, what changes to the format would make the regulation easier to understand? • What else could the FDIC do to make the regulation easier to understand? 40 CFR Part 52 VerDate Nov<24>2008 15:33 Jun 02, 2009 Jkt 217001 List of Subjects in 12 CFR Part 370 Banks, Banking, Bank deposit insurance, Holding companies, National banks, Reporting and recordkeeping requirements, Savings associations. ■ Accordingly, the interim rule amending 12 CFR Part 370, which was published at 74 FR 12078 on March 23, 2009, is adopted as a final rule without change. Dated at Washington, DC, this 29th day of May 2009. Federal Deposit Insurance Corporation. By order of the Board of Directors. Robert E. Feldman, Executive Secretary. [FR Doc. E9–12943 Filed 6–2–09; 8:45 am] BILLING CODE 6714–01–P [EPA–R09–OAR–2009–0314; FRL–8906–1] Revisions to the California State Implementation Plan, San Diego Air Pollution Control District AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is taking direct final action to approve revisions to the San Diego Air Pollution Control District (SDAPCD) portion of the California State Implementation Plan (SIP). Rule 27.1—Federal Requirements for the San Diego County Air Pollution Control District’s Alternative Mobile Source Emission Reduction Program Approved on September 8, 2000, will allow stationary sources to use emission reduction credits of nitrogen oxides (NOX) generated from mobile sources as New Source Review (NSR) offsets. We are approving Rule 27.1 under authority of the Clean Air Act as amended in 1990 (CAA or the Act). DATES: This rule is effective on August 3, 2009 without further notice, unless PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 26525 EPA receives adverse comments by July 6, 2009. If we receive such comment, we will publish a timely withdrawal in the Federal Register to notify the public that this rule will not take effect. ADDRESSES: Submit comments, identified by docket number EPA–R09– OAR–2009–0314, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the on-line instructions. • E-mail: R9airpermits@epa.gov. • Mail or deliver: Gerardo Rios (Air3), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105. 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 email 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 below. FOR FURTHER INFORMATION CONTACT: Shaheerah Kelly, Permits Office (AIR– 3), U.S. Environmental Protection Agency, Region IX, (415) 947–4156, kelly.shaheerah@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to EPA. E:\FR\FM\03JNR1.SGM 03JNR1 26526 Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Rules and Regulations Table of Contents II. EPA’s Evaluation and Action I. The State’s Submittal A. What rule did the State submit? B. Are there other versions of the rule? C. What is the purpose of the rule? II. EPA’s Evaluation and Action A. How is EPA evaluating the rule? B. Does the rule meet the evaluation criteria? C. Proposed action and public comment III. Statutory and Executive Order Reviews A. How is EPA evaluating the rule? I. The State’s Submittal A. What rule did the State submit? On August 8, 2008, Rule 27.1 was adopted into SDAPCD’s local rules. On April 29, 2009, the California Air Resources Board (ARB) submitted the rule to EPA to be included in the SDAPCD portion of the California SIP. On May 7, 2009, the submittal of Rule 27.1 was found to meet the completeness criteria, which must be met before formal EPA review. B. Are there other versions of the submitted rule? dwashington3 on PROD1PC60 with RULES C. What is the purpose of the rule? Rule 27.1—Federal Requirements for the San Diego County Air Pollution Control District’s Alternative Mobile Source Emission Reduction Program Approved On September 8, 2000, along with District Rule 27—Banking of Mobile Source Emission Reduction Credits, and SDAPCD’s Alternative Program,1 provide the framework to ensure that MERCs created and used under these provisions are real, quantifiable, surplus and permanent for the life of the project. Rule 27.1 includes the provisions necessary to ensure that the permanence of the MERCs are enforceable as a practical and legal matter and Federally enforceable under the SIP. In addition, since Rule 27.1 does not ensure that MERCs generated under the District’s Alternative Program are real, quantifiable and surplus, Section (b)(8) of Rule 27.1 requires EPA to make a finding that the MERCs are real, quantifiable, surplus, permanent, and enforceable prior to use. Incorporation of Rule 27.1 will allow NOx MERCs generated under the District’s program to be used as Federal NSR offsets. EPA’s technical support document (TSD) has more information about Rule 27.1. 1 Alternative Mobile Source Emission Reduction Program for Replacing Medium and Heavy HeavyDuty Diesel Powered Vehicles and Repowering of Marine Vessels Under Rule 27(c)(1)(vi) as Approved on September 8, 2000. 15:33 Jun 02, 2009 Jkt 217001 B. Do the rules meet the evaluation criteria? We believe the rule contains sufficient mechanisms to ensure that MERCs tracked through the rule are permanent and Federally enforceable. The TSD has more information on our evaluation. C. Public Comment and Final Action There are no previous versions of Rule 27.1 in the California SIP. VerDate Nov<24>2008 Section 173(c) of the Act requires Federal NSR offsets for new and modified stationary sources. Emission reductions used as Federal NSR offsets must be real, quantifiable, surplus, permanent, and enforceable. Our evaluation of Rule 27.1 is limited to determining whether MERCs that are tracked through the rule are permanent and Federally enforceable. Other mechanisms, as discussed in the TSD, have been used to ensure MERCs subject to this rule are real, quantifiable, and surplus. As authorized in section 110(k)(3) of the CAA, EPA is fully approving Rule 27.1 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 6, 2009, 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 3, 2009. This will incorporate Rule 27.1 into the Federally enforceable California 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: PO 00000 Frm 00016 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\03JNR1.SGM 03JNR1 Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 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 August 3, 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. 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 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, New source review, Nitrogen oxides, Ozone. Dated: May 7, 2009. Jane Diamond, 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 paragraphs (c)(362)(i)(A)(1) to read as follows: ■ § 52.220 Identification of plan. dwashington3 on PROD1PC60 with RULES * * * * * (c) * * * (362) New and amended regulations were submitted on April 29, 2009 by the Governor’s designee. (i) Incorporation by Reference. (A) San Diego Air Pollution Control District. (1) Rule 27.1, ‘‘Federal Requirements for the San Diego County Air Pollution VerDate Nov<24>2008 15:33 Jun 02, 2009 Jkt 217001 Control District’s Alternative Mobile Source Emission Reduction Program Approved On September 8, 2000,’’ adopted and effective on August 8, 2008. 26527 [FR Doc. E9–12791 Filed 6–2–09; 8:45 am] Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 308–8319; fax number: (703) 308– 7026; e-mail address: morrill.stephen@epa.gov. BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION: I. General ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2008–0923; FRL–8417–9] Exemptions from the Requirement of a Tolerance; Technical Amendments AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule; Technical Amendments. SUMMARY: This document makes minor technical revisions of certain commodity terms listed under 40 CFR part 180, subpart D. EPA is taking this action to establish a uniform listing of commodity terms throughout part 180. DATES: This regulation is effective June 3, 2009. Objections and requests for hearings must be received on or before August 3, 2009, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION ). ADDRESSES: EPA has established a docket for this action under docket identification (ID) number EPA–HQ– OPP–2008–0923 . All documents in the docket are listed in the docket index available at https://www.regulations.gov. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available in the electronic docket at https://www.regulations.gov, or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S– 4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is (703) 305– 5805. FOR FURTHER INFORMATION CONTACT: Stephen Morrill, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to those engaged in the following activities: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICA code 311). • Pesticide manufacturing (NAICA code 32532). This listing is not intended to be exhaustive, but rather to provide a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. How Can I Access Electronic Copies of this Document? In addition to accessing an electronic copy of this Federal Register document through the electronic docket at https:// www.regulations.gov, you may access this Federal Register document electronically through the EPA Internet under the ‘‘Federal Register’’ listings at https://www.epa.gov/fedrgstr. You may also access a frequently updated electronic version of EPA’s tolerance regulations at 40 CFR part 180 through the Government Printing Office’s pilot e-CFR site at https://www.gpoaccess.gov/ ecfr. C. Can I File an Objection or Hearing Request? Under section 408(g) of FFDCA, 21 U.S.C. 346a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must E:\FR\FM\03JNR1.SGM 03JNR1

Agencies

[Federal Register Volume 74, Number 105 (Wednesday, June 3, 2009)]
[Rules and Regulations]
[Pages 26525-26527]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12791]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0314; FRL-8906-1]


Revisions to the California State Implementation Plan, San Diego 
Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve revisions to the 
San Diego Air Pollution Control District (SDAPCD) portion of the 
California State Implementation Plan (SIP). Rule 27.1--Federal 
Requirements for the San Diego County Air Pollution Control District's 
Alternative Mobile Source Emission Reduction Program Approved on 
September 8, 2000, will allow stationary sources to use emission 
reduction credits of nitrogen oxides (NOX) generated from 
mobile sources as New Source Review (NSR) offsets. We are approving 
Rule 27.1 under authority of the Clean Air Act as amended in 1990 (CAA 
or the Act).

DATES: This rule is effective on August 3, 2009 without further notice, 
unless EPA receives adverse comments by July 6, 2009. If we receive 
such comment, we will publish a timely withdrawal in the Federal 
Register to notify the public that this rule will not take effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2009-0314, by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the on-line instructions.
     E-mail: R9airpermits@epa.gov.
     Mail or deliver: Gerardo Rios (Air-3), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105.
    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 below.

FOR FURTHER INFORMATION CONTACT: Shaheerah Kelly, Permits Office (AIR-
3), U.S. Environmental Protection Agency, Region IX, (415) 947-4156, 
kelly.shaheerah@epa.gov.

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

[[Page 26526]]

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of the rule?
    C. What is the purpose of the rule?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. Proposed action and public comment
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    On August 8, 2008, Rule 27.1 was adopted into SDAPCD's local rules. 
On April 29, 2009, the California Air Resources Board (ARB) submitted 
the rule to EPA to be included in the SDAPCD portion of the California 
SIP.
    On May 7, 2009, the submittal of Rule 27.1 was found to meet the 
completeness criteria, which must be met before formal EPA review.

B. Are there other versions of the submitted rule?

    There are no previous versions of Rule 27.1 in the California SIP.

C. What is the purpose of the rule?

    Rule 27.1--Federal Requirements for the San Diego County Air 
Pollution Control District's Alternative Mobile Source Emission 
Reduction Program Approved On September 8, 2000, along with District 
Rule 27--Banking of Mobile Source Emission Reduction Credits, and 
SDAPCD's Alternative Program,\1\ provide the framework to ensure that 
MERCs created and used under these provisions are real, quantifiable, 
surplus and permanent for the life of the project. Rule 27.1 includes 
the provisions necessary to ensure that the permanence of the MERCs are 
enforceable as a practical and legal matter and Federally enforceable 
under the SIP. In addition, since Rule 27.1 does not ensure that MERCs 
generated under the District's Alternative Program are real, 
quantifiable and surplus, Section (b)(8) of Rule 27.1 requires EPA to 
make a finding that the MERCs are real, quantifiable, surplus, 
permanent, and enforceable prior to use. Incorporation of Rule 27.1 
will allow NOx MERCs generated under the District's program 
to be used as Federal NSR offsets.
---------------------------------------------------------------------------

    \1\ Alternative Mobile Source Emission Reduction Program for 
Replacing Medium and Heavy Heavy-Duty Diesel Powered Vehicles and 
Repowering of Marine Vessels Under Rule 27(c)(1)(vi) as Approved on 
September 8, 2000.
---------------------------------------------------------------------------

    EPA's technical support document (TSD) has more information about 
Rule 27.1.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rule?

    Section 173(c) of the Act requires Federal NSR offsets for new and 
modified stationary sources. Emission reductions used as Federal NSR 
offsets must be real, quantifiable, surplus, permanent, and 
enforceable. Our evaluation of Rule 27.1 is limited to determining 
whether MERCs that are tracked through the rule are permanent and 
Federally enforceable. Other mechanisms, as discussed in the TSD, have 
been used to ensure MERCs subject to this rule are real, quantifiable, 
and surplus.

B. Do the rules meet the evaluation criteria?

    We believe the rule contains sufficient mechanisms to ensure that 
MERCs tracked through the rule are permanent and Federally enforceable. 
The TSD has more information on our evaluation.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the CAA, EPA is fully 
approving Rule 27.1 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 6, 2009, 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 3, 2009. This will incorporate Rule 27.1 into the 
Federally enforceable California 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

[[Page 26527]]

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 3, 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. 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 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, New source review, Nitrogen 
oxides, Ozone.

    Dated: May 7, 2009.
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)(362)(i)(A)(1) to 
read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (362) New and amended regulations were submitted on April 29, 2009 
by the Governor's designee.
    (i) Incorporation by Reference.
    (A) San Diego Air Pollution Control District.
    (1) Rule 27.1, ``Federal Requirements for the San Diego County Air 
Pollution Control District's Alternative Mobile Source Emission 
Reduction Program Approved On September 8, 2000,'' adopted and 
effective on August 8, 2008.

[FR Doc. E9-12791 Filed 6-2-09; 8:45 am]
BILLING CODE 6560-50-P
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