Revisions to the California State Implementation Plan, San Joaquin Valley Air Pollution Control District, 33399-33401 [E9-16490]
Download as PDF
<![CDATA[
Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Proposed Rules
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.
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: June 22, 2009.
Jane Diamond,
Acting Regional Administrator, Region IX.
[FR Doc. E9–16496 Filed 7–10–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2009–0473; FRL–8929–6]
Revisions to the California State
Implementation Plan, San Joaquin
Valley Air Pollution Control District
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to approve
revisions to the San Joaquin Valley Air
Pollution Control District portion of the
California State Implementation Plan
(SIP). These revisions concern volatile
organic compound (VOC) emissions
from graphic arts printing operations,
digital printing operations, adhesives,
cleaning solvents, transfer of organic
liquids, and facilities engaged in coating
of wood products, flat paneling, paper,
film, foil, and fabric. We are approving
4 local rules that regulate these emission
sources under the Clean Air Act as
amended in 1990 (CAA or the Act). We
are taking comments on this proposal
and plan to follow with a final action.
DATES: Any comments must arrive by
August 12, 2009.
ADDRESSES: Submit comments,
identified by docket number [EPA–R09–
OAR–2009–0473], 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 delivery: 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.
33399
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.
FOR FURTHER INFORMATION CONTACT:
Nicole Law, EPA Region IX, (415) 947–
4126, Law.Nicole@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. The State’s Submittal
A. What Rules Did the State Submit?
B. Are There Other Versions of These
Rules?
C. What Is the Purpose of the Submitted
Rules and Rule Revisions?
II. EPA’s Evaluation and Action
A. How Is EPA Evaluating the Rules?
B. Do the Rules Meet the Evaluation
Criteria?
C. EPA Recommendations To Further
Improve the Rules
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What Rules Did the State Submit?
Table 1 lists the rules addressed by
this proposal with the dates that they
were adopted by the local air agency
and submitted by the California Air
Resources Board.
mstockstill on DSKH9S0YB1PROD with PROPOSALS
TABLE 1—SUBMITTED RULES
Local agency
SJVAPCD
SJVAPCD
SJVAPCD
SJVAPCD
Rule No.
.........
.........
.........
.........
VerDate Nov<24>2008
4606
4607
4624
4653
18:35 Jul 10, 2009
Rule title
Adopted
Wood Products and Flat Wood Paneling Product Coating Operations ...................
Graphic Arts and Paper, Film, Foil, and Fabric Coatings ........................................
Transfer of Organic Liquid ........................................................................................
Adhesives .................................................................................................................
Jkt 217001
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
E:\FR\FM\13JYP1.SGM
13JYP1
10/16/08
12/18/08
09/20/07
12/20/07
Submitted
12/23/08
03/17/09
03/07/08
03/07/08
33400
Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Proposed Rules
On April 17, 2008 and April 20, 2009,
EPA determined that these rule
submittals met the completeness criteria
in 40 CFR Part 51, Appendix V, which
must be met before formal EPA review.
B. Are There Other Versions of These
Rules?
There are no previous versions of
Rule 4624 in the SIP. We approved
earlier versions of Rules 4606 and 4607
into the SIP on June 26, 2002 (67 FR
42999). SJVAPCD adopted revisions to
the SIP-approved version of Rule 4606
on September 20, 2007 and October 16,
2008 and CARB submitted them to us
on March 7, 2008 and December 23,
2008. SJVAPCD adopted revisions to the
SIP-approved version of Rule 4607 on
September 20, 2007 and December 18,
2008 and CARB submitted them to us
on March 7, 2008 and March 17, 2009.
We approved an earlier version of Rule
4653 into the SIP on May 7, 2002 (57 FR
30591). SJVAPCD adopted revisions to
the SIP-approved version of Rule 4653
on September 20, 2007 and CARB
submitted it to us on March 7, 2008.
While we are only acting on the most
recently submitted version, we have
reviewed materials provided with
previous submittals.
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. These rules control VOC
emissions by limiting VOC content in
coatings used for graphic arts
operations, printing operations, wood
products, flat paneling, paper, film, foil,
and fabric. In addition, the rules limit
VOCs by regulating adhesives, cleaning
solvents, and transfer of organic liquids.
EPA’s technical support documents
(TSDs) have more information about
these rules.
II. EPA’s Evaluation and Action
mstockstill on DSKH9S0YB1PROD with PROPOSALS
A. How Is EPA Evaluating the Rules?
Generally, SIP rules must be
enforceable (see section 110(a) of the
Act), 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 in
nonattainment areas (see sections
182(a)(2) and (b)(2)), and must not relax
existing requirements (see sections
110(l) and 193). The SJVAPCD regulates
an extreme (for the 1-hour NAAQS) and
serious (for the 8-hour NAAQS) ozone
nonattainment area (see 40 CFR part 81),
VerDate Nov<24>2008
18:35 Jul 10, 2009
Jkt 217001
so Rules 4606, 4607, 4626, and 4653
must fulfill RACT.
Guidance and policy documents that
we use to evaluate enforceability and
RACT requirements consistently
include the following:
1. Portions of the proposed post-1987
ozone and carbon monoxide policy that
concern RACT, 52 FR 45044, November
24, 1987.
2. ‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and
Deviations,’’ EPA, May 25, 1988 (the
Bluebook).
3. ‘‘Guidance Document for Correcting
Common VOC & Other Rule
Deficiencies,’’ EPA Region 9, August 21,
2001 (the Little Bluebook).
4. ‘‘State Implementation Plans,
General Preamble for the
Implementation of Title I of the Clean
Air Amendments of 1990,’’ 57 FR
13498, April 16, 1992.
5. ‘‘Preamble, Final Rule to
Implement the 8-hour Ozone National
Ambient Air Quality Standard’’ 70 FR
71612; Nov. 29, 2005.
6. Letter from William T. Hartnett to
Regional Air Division Directors, ‘‘RACT
Qs & As—Reasonable Available Control
Technology (RACT) Questions and
Answers,’’ May 18, 2006.
7. ‘‘Control of Volatile Organic
Compound Emissions from Wood
Furniture Manufacturing Operations,’’
EPA–453/R–96–007, April 1996.
8. ‘‘Control Techniques Guidelines for
Flat Wood Paneling Coatings,’’ EPA–
453/R–06–004, September 2006.
9. ‘‘Control Technique Guidelines for
Control of VOCs from Existing
Stationary Sources—Volume II: Surface
Coating of Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty Trucks,’’
EPA–450/2–77–008, May 1977.
10. ‘‘Control Techniques Guidelines
for Control of VOCs from Existing
Stationary Sources—Volume VIII:
Graphic Arts—Rotogravure and
Flexography,’’ EPA–450/2–78–033,
December 1978.
11. ‘‘Control Techniques Guidelines
for Offset Lithographic Printing and
Letterpress Printing,’’ EPA–453/R–06–
002, September 2006.
12. ‘‘Control Techniques Guidelines
for Flexible Package Printing,’’ EPA–
453/R–06–003, September 2006.
13. ‘‘Control Techniques Guidelines
for Paper, Film, and Foil Coatings,’’
EPA–453/R–07–003, September 2007.
14. ‘‘Control of Hydrocarbons from
Tank Truck Gasoline Loading
Terminals,’’ EPA–450/2–77–026,
October 1977.
15. ‘‘Control Techniques Guidelines
for Miscellaneous Industrial
Adhesives,’’ EPA–453/R–08–005,
September 2008.
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
16. ‘‘Determination of Reasonably
Available Control Technology and Best
Available Retrofit Control Technology
for Adhesives and Sealants,’’ CARB,
December 1998.
B. Do the Rules Meet the Evaluation
Criteria?
We believe these rules are consistent
with the relevant requirements, policy,
and guidance regarding enforceability,
RACT, and SIP relaxations. The TSDs
have more information on our
evaluation.
C. EPA Recommendations To Further
Improve the Rules
The TSDs describe additional rule
revisions that do not affect EPA’s
current action but are recommended for
the next time the local agency modifies
the rules.
D. Public Comment and Final Action
Because EPA believes the submitted
rules fulfill all relevant requirements,
we are proposing to fully approve them
as described in section 110(k)(3) of the
Act. We will accept comments from the
public on this proposal for the next 30
days. Unless we receive convincing new
information during the comment period,
we intend to publish a final approval
action that will incorporate these rules
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
E:\FR\FM\13JYP1.SGM
13JYP1
Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Proposed Rules
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 26, 2009.
Jane Diamond,
Acting Regional Administrator, Region IX.
[FR Doc. E9–16490 Filed 7–10–09; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
mstockstill on DSKH9S0YB1PROD with PROPOSALS
42 CFR Part 73
Possession, Use, and Transfer of
Select Agents and Toxins; Proposed
Addition of SARS-Associated
Coronavirus (SARS–CoV)
Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: The biological agents and
toxins listed in § 73.3 of Title 42 of the
VerDate Nov<24>2008
18:35 Jul 10, 2009
Jkt 217001
Code of Federal Regulations have been
determined by the Secretary of the U.S.
Department of Health and Human
Services (HHS Secretary) to have the
potential to pose a severe threat to
public health and safety. We are now
proposing to add SARS-associated
coronavirus (SARS–CoV) to the list of
HHS select agents and toxins. We are
proposing this action because (1) SARS–
CoV can cause significant mortality,
especially in the elderly; (2) the virus
has the capability of easily being
transmitted from human to human; (3)
there is currently no vaccine or antiviral
approved for the prevention or
treatment of infections caused by the
SARS–CoV virus; and (4) it has been
documented that the virus may persist
in the environment.
DATES: Written comments must be
received on or before September 11,
2009. Comments received after
September 11, 2009 will be considered
to the extent practicable.
ADDRESSES: Comments on the proposed
addition of SARS–CoV to the list of
select agents and toxins should be
marked ‘‘SARS–CoV’’ and mailed to:
Centers for Disease Control and
Prevention, Division of Select Agents
and Toxins, 1600 Clifton Road, MS A–
46, Atlanta, GA 30333. Comments may
be e-mailed to: SAPcomments@cdc.gov.
FOR FURTHER INFORMATION CONTACT:
Robbin Weyant, Director, Division of
Select Agents and Toxins, Centers for
Disease Control and Prevention, 1600
Clifton Road, MS A–46, Atlanta, GA
30333. Telephone: (404) 718–2000.
SUPPLEMENTARY INFORMATION: The
Public Health Security and Bioterrorism
Preparedness and Response Act of 2002,
Subtitle A of Public Law 107–188 (42
U.S.C. 262a) (the Bioterrorism Act),
requires the HHS Secretary to establish
by regulation a list of each biological
agent and each toxin that has the
potential to pose a severe threat to
public health and safety. In determining
whether to include an agent or toxin on
the list, the HHS Secretary considers the
effect on human health of exposure to
an agent or toxin; the degree of
contagiousness of an agent and the
methods by which an agent or toxin is
transferred to humans; the availability
and effectiveness of pharmacotherapies
and immunizations to treat and prevent
illnesses resulting from an agent or
toxin; the potential for an agent or toxin
to be used as a biological weapon; and
the needs of children and other
vulnerable populations.
SARS-associated coronavirus (SARS–
CoV) causes a viral respiratory illness,
severe acute respiratory syndrome
(SARS), which was first reported in Asia
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
33401
in February 2003. According to the
World Health Organization (WHO)i, a
total of 8,098 people worldwide became
sick with SARS during the 2003
outbreak, resulting in 774 deaths.
SARS–CoV is thought to be transmitted
most readily by respiratory droplets
(droplet spread) produced when an
infected person coughs or sneezes. The
virus also can spread when a person
touches a surface or object contaminated
with infectious droplets and then
touches his or her mouth, nose, or
eye(s). In addition, it is possible that
SARS–CoV might be spread more
broadly through the air (airborne
spread) or by other ways that are not
now known. There is currently no
known SARS transmission anywhere in
the world. The last known human cases
of SARS–CoV infection as reported by
the World Health Organization occurred
in China in April 2004 in an outbreak
resulting from laboratory-acquired
infections.
After consulting with subject matter
experts from the CDC, the National
Institutes of Health (NIH), the Food and
Drug Administration (FDA), the United
States Department of Agriculture
(USDA)/Animal and Plant Health
Inspection Service (APHIS), USDA/
Agricultural Research Service (ARS),
USDA/CVB (Center for Veterinary
Biologics), and the Department of
Defense (DOD)/United States Army
Medical Research Institute for Infectious
Diseases (USAMRIID) and conducting a
review of relevant published studies, we
are proposing that SARS–CoV should be
added to the list of HHS select agents
and toxins because:
• The virus causes significant
mortality, especially in the elderly.ii iii
• The virus has the capability of
easily being transmitted from human-tohuman.iv
• There is currently no method to
treat infections caused by the virus.v
• It has been demonstrated that the
virus may persist in the environment.
We will consider comments that are
received within 60 days of publication
of this notice in the Federal Register.
After the comment period closes, we
will publish another document in the
Federal Register. The document will
include a discussion of any comments
we receive and any changes to the list
of HHS select agents and toxins.
Compliance Dates
We recognize that there may be some
individuals and/or entities that are not
currently registered under either the
HHS or USDA Select Agent Programs,
but that do possess SARS–CoV and
would therefore be required to register
E:\FR\FM\13JYP1.SGM
13JYP1
]]>Agencies
[Federal Register Volume 74, Number 132 (Monday, July 13, 2009)]
[Proposed Rules]
[Pages 33399-33401]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16490]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2009-0473; FRL-8929-6]
Revisions to the California State Implementation Plan, San
Joaquin Valley Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve revisions to the San Joaquin
Valley Air Pollution Control District portion of the California State
Implementation Plan (SIP). These revisions concern volatile organic
compound (VOC) emissions from graphic arts printing operations, digital
printing operations, adhesives, cleaning solvents, transfer of organic
liquids, and facilities engaged in coating of wood products, flat
paneling, paper, film, foil, and fabric. We are approving 4 local rules
that regulate these emission sources under the Clean Air Act as amended
in 1990 (CAA or the Act). We are taking comments on this proposal and
plan to follow with a final action.
DATES: Any comments must arrive by August 12, 2009.
ADDRESSES: Submit comments, identified by docket number [EPA-R09-OAR-
2009-0473], 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 delivery: 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: Nicole Law, EPA Region IX, (415) 947-
4126, Law.Nicole@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. The State's Submittal
A. What Rules Did the State Submit?
B. Are There Other Versions of These Rules?
C. What Is the Purpose of the Submitted Rules and Rule
Revisions?
II. EPA's Evaluation and Action
A. How Is EPA Evaluating the Rules?
B. Do the Rules Meet the Evaluation Criteria?
C. EPA Recommendations To Further Improve the Rules
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What Rules Did the State Submit?
Table 1 lists the rules addressed by this proposal with the dates
that they were adopted by the local air agency and submitted by the
California Air Resources Board.
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
SJVAPCD............................. 4606 Wood Products and Flat Wood 10/16/08 12/23/08
Paneling Product Coating
Operations.
SJVAPCD............................. 4607 Graphic Arts and Paper, Film, Foil, 12/18/08 03/17/09
and Fabric Coatings.
SJVAPCD............................. 4624 Transfer of Organic Liquid......... 09/20/07 03/07/08
SJVAPCD............................. 4653 Adhesives.......................... 12/20/07 03/07/08
----------------------------------------------------------------------------------------------------------------
[[Page 33400]]
On April 17, 2008 and April 20, 2009, EPA determined that these
rule submittals met the completeness criteria in 40 CFR Part 51,
Appendix V, which must be met before formal EPA review.
B. Are There Other Versions of These Rules?
There are no previous versions of Rule 4624 in the SIP. We approved
earlier versions of Rules 4606 and 4607 into the SIP on June 26, 2002
(67 FR 42999). SJVAPCD adopted revisions to the SIP-approved version of
Rule 4606 on September 20, 2007 and October 16, 2008 and CARB submitted
them to us on March 7, 2008 and December 23, 2008. SJVAPCD adopted
revisions to the SIP-approved version of Rule 4607 on September 20,
2007 and December 18, 2008 and CARB submitted them to us on March 7,
2008 and March 17, 2009. We approved an earlier version of Rule 4653
into the SIP on May 7, 2002 (57 FR 30591). SJVAPCD adopted revisions to
the SIP-approved version of Rule 4653 on September 20, 2007 and CARB
submitted it to us on March 7, 2008. While we are only acting on the
most recently submitted version, we have reviewed materials provided
with previous submittals.
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. These rules control
VOC emissions by limiting VOC content in coatings used for graphic arts
operations, printing operations, wood products, flat paneling, paper,
film, foil, and fabric. In addition, the rules limit VOCs by regulating
adhesives, cleaning solvents, and transfer of organic liquids. EPA's
technical support documents (TSDs) have more information about these
rules.
II. EPA's Evaluation and Action
A. How Is EPA Evaluating the Rules?
Generally, SIP rules must be enforceable (see section 110(a) of the
Act), 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 in nonattainment areas (see
sections 182(a)(2) and (b)(2)), and must not relax existing
requirements (see sections 110(l) and 193). The SJVAPCD regulates an
extreme (for the 1-hour NAAQS) and serious (for the 8-hour NAAQS) ozone
nonattainment area (see 40 CFR part 81), so Rules 4606, 4607, 4626, and
4653 must fulfill RACT.
Guidance and policy documents that we use to evaluate
enforceability and RACT requirements consistently include the
following:
1. Portions of the proposed post-1987 ozone and carbon monoxide
policy that concern RACT, 52 FR 45044, November 24, 1987.
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
4. ``State Implementation Plans, General Preamble for the
Implementation of Title I of the Clean Air Amendments of 1990,'' 57 FR
13498, April 16, 1992.
5. ``Preamble, Final Rule to Implement the 8-hour Ozone National
Ambient Air Quality Standard'' 70 FR 71612; Nov. 29, 2005.
6. Letter from William T. Hartnett to Regional Air Division
Directors, ``RACT Qs & As--Reasonable Available Control Technology
(RACT) Questions and Answers,'' May 18, 2006.
7. ``Control of Volatile Organic Compound Emissions from Wood
Furniture Manufacturing Operations,'' EPA-453/R-96-007, April 1996.
8. ``Control Techniques Guidelines for Flat Wood Paneling
Coatings,'' EPA-453/R-06-004, September 2006.
9. ``Control Technique Guidelines for Control of VOCs from Existing
Stationary Sources--Volume II: Surface Coating of Cans, Coils, Paper,
Fabrics, Automobiles, and Light-Duty Trucks,'' EPA-450/2-77-008, May
1977.
10. ``Control Techniques Guidelines for Control of VOCs from
Existing Stationary Sources--Volume VIII: Graphic Arts--Rotogravure and
Flexography,'' EPA-450/2-78-033, December 1978.
11. ``Control Techniques Guidelines for Offset Lithographic
Printing and Letterpress Printing,'' EPA-453/R-06-002, September 2006.
12. ``Control Techniques Guidelines for Flexible Package
Printing,'' EPA-453/R-06-003, September 2006.
13. ``Control Techniques Guidelines for Paper, Film, and Foil
Coatings,'' EPA-453/R-07-003, September 2007.
14. ``Control of Hydrocarbons from Tank Truck Gasoline Loading
Terminals,'' EPA-450/2-77-026, October 1977.
15. ``Control Techniques Guidelines for Miscellaneous Industrial
Adhesives,'' EPA-453/R-08-005, September 2008.
16. ``Determination of Reasonably Available Control Technology and
Best Available Retrofit Control Technology for Adhesives and
Sealants,'' CARB, December 1998.
B. Do the Rules Meet the Evaluation Criteria?
We believe these rules are consistent with the relevant
requirements, policy, and guidance regarding enforceability, RACT, and
SIP relaxations. The TSDs have more information on our evaluation.
C. EPA Recommendations To Further Improve the Rules
The TSDs describe additional rule revisions that do not affect
EPA's current action but are recommended for the next time the local
agency modifies the rules.
D. Public Comment and Final Action
Because EPA believes the submitted rules fulfill all relevant
requirements, we are proposing to fully approve them as described in
section 110(k)(3) of the Act. We will accept comments from the public
on this proposal for the next 30 days. Unless we receive convincing new
information during the comment period, we intend to publish a final
approval action that will incorporate these rules 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
[[Page 33401]]
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 26, 2009.
Jane Diamond,
Acting Regional Administrator, Region IX.
[FR Doc. E9-16490 Filed 7-10-09; 8:45 am]
BILLING CODE 6560-50-P
