Revisions to the California State Implementation Plan, Northern Sierra Air Quality Management District and San Joaquin Valley Unified Air Pollution Control District, 33397-33399 [E9-16496]

Download as PDF Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Proposed Rules mstockstill on DSKH9S0YB1PROD with PROPOSALS information during the comment period, we intend to publish a final approval action that will incorporate this rule into the Federally enforceable SIP. III. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, VerDate Nov<24>2008 18:35 Jul 10, 2009 Jkt 217001 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: June 22, 2009. Jane Diamond, Acting Deputy Regional Administrator, Region IX. [FR Doc. E9–16495 Filed 7–10–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2009–0371, FRL–8929–7] Revisions to the California State Implementation Plan, Northern Sierra Air Quality Management District and San Joaquin Valley Unified Air Pollution Control District AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve revisions to the Northern Sierra Air Quality Management District (NSAQMD) and San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portions of the California State Implementation Plan (SIP). Under authority of the Clean Air Act as amended in 1990 (CAA or the Act), we are proposing to approve local rules that address volatile organic compound emissions from asphalt paving, gasoline bulk storage tanks, and gasoline dispensing stations. DATES: Any comments must arrive by August 12, 2009. ADDRESSES: Submit comments, identified by docket number EPA–R09– OAR–2009–0371, by one of the following methods: 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the on-line instructions. 2. E-mail: steckel.andrew@epa.gov. 3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901. Instructions: All comments will be included in the public docket without PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 33397 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. FOR FURTHER INFORMATION CONTACT: Mae Wang, EPA Region IX, (415) 947–4124, wang.mae@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to EPA. Table of Contents I. The State’s Submittal A. What Rules Did the State Submit? B. Are There Other Versions of These Rules? C. What Is the Purpose of the Submitted Rules and Rule Amendments? II. EPA’s Evaluation and Action A. How Is EPA Evaluating the Rules? B. Do the Rules Meet the Evaluation Criteria? C. 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 we are proposing to approve with the dates that they were adopted, amended, or revised by the local air agencies and submitted by the California Air Resources Board (CARB). E:\FR\FM\13JYP1.SGM 13JYP1 33398 Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Proposed Rules TABLE 1—SUBMITTED RULES District Rule No. NSAQMD .......... SJVUAPCD ....... 227 4621 SJVUAPCD ....... SJVUAPCD ....... 4622 4651 Cutback and Emulsified Asphalt Paving Materials ...................................... Gasoline Transfer into Stationary Storage Containers, Delivery Vessels, and Bulk Plants. Gasoline Transfer into Motor Vehicle Fuel Tanks ....................................... Soil Decontamination Operations ................................................................. On April 17, 2008, CARB’s submittal of March 7, 2008, was found to meet the completeness criteria in 40 CFR part 51, appendix V, which must be met before formal EPA review. B. Are There Other Versions of These Rules? There is no previous version of NSAQMD Rule 227 in the SIP. We approved previous versions of SJVUAPCD Rules 4621 and 4622 into the SIP on April 19, 2000 (65 FR 20912) and March 24, 2003 (68 FR 14156), respectively. We approved a previous version of SJVUAPCD Rule 4651 into the SIP on July 24, 1996 (61 FR 38571). C. What Is the Purpose of the Submitted Rules and Rule Amendments? Volatile organic compounds (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. NSAQMD Rule 227 provides standards to control VOC emissions during the use or manufacture of cutback asphalt and emulsified asphalt paving materials. SJVUAPCD Rule 4621 limits VOC emissions from gasoline storage containers and delivery vessels, and gasoline transfer operations at bulk plants. SJVUAPCD Rule 4622 limits VOC emissions from the transfer of gasoline into motor vehicle fuel tanks. SJVUAPCD Rule 4651 regulates VOC emissions from excavation, transportation, handling, decontamination, and disposal of soil that has been contaminated with a VOCcontaining liquid. EPA’s technical support documents (TSDs) have more information about these rules. mstockstill on DSKH9S0YB1PROD with PROPOSALS 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 CAA) and must not relax existing requirements (see sections 110(l) and 193 of the CAA). CAA subpart 1 VOC rules must require Reasonably Available Control Measures (RACM), including Reasonably Available Control VerDate Nov<24>2008 18:35 Jul 10, 2009 Adopted or amended Rule title Jkt 217001 Technology (RACT), for each major VOC source in ozone nonattainment areas (see section 172(c)(1) of the CAA). The NSAQMD regulates a subpart 1 8-hr ozone nonattainment area in Western Nevada County (see 40 CFR part 81) and must fulfill the requirements of RACM/ RACT in that area. CAA subpart 2 VOC rules must require RACT for each significant source category covered by a Control Technique Guideline (CTG) document and for each major source in ozone nonattainment areas (see sections 182(a)(2) and (b)(2) of the CAA). The SJVUAPCD regulates a subpart 2 8-hr ozone nonattainment area which was classified under the 1-hr standard as an extreme nonattainment area (see 40 CFR part 81). Additionally, gasoline storage, transfer, and dispensing rules must fulfill the special requirements for gasoline vapor recovery in ozone nonattainment areas (see section 182(b)(3)(A) of the CAA) and special requirements for vehicle fleets (see section 202(a)(6) of the CAA). Guidance and policy documents that we use to help evaluate specific 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. Control of VOC from the Use of Cutback Asphalt, EPA–450/2–77–037 (December 1977). 5. SJVUAPCD 2004 Extreme Ozone Attainment Demonstration Plan. 6. SJVUAPCD 2007 Ozone Plan, https://www.arb.ca.gov/planning/sip/ 2007sip/sjv8hr/sjvozone.htm. 7. SJVUAPCD Final Staff Report, Proposed Amendments to Rule 4651 (September 20, 2007). B. Do the Rules Meet the Evaluation Criteria? We believe that NSAQMD Rule 227 and SJVUAPCD Rules 4621, 4622, and PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 Submitted 11/27/06 12/20/07 03/07/08 03/07/08 12/20/07 09/20/07 03/07/08 03/07/08 4651 are consistent with the relevant policy and guidance regarding enforceability, RACT, and SIP relaxations. The TSDs have more information on our evaluation. C. 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 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 E:\FR\FM\13JYP1.SGM 13JYP1 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

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 74, Number 132 (Monday, July 13, 2009)]
[Proposed Rules]
[Pages 33397-33399]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16496]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0371, FRL-8929-7]

Revisions to the California State Implementation Plan, Northern
Sierra Air Quality Management District and San Joaquin Valley Unified
Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve revisions to the Northern Sierra
Air Quality Management District (NSAQMD) and San Joaquin Valley Unified
Air Pollution Control District (SJVUAPCD) portions of the California
State Implementation Plan (SIP). Under authority of the Clean Air Act
as amended in 1990 (CAA or the Act), we are proposing to approve local
rules that address volatile organic compound emissions from asphalt
paving, gasoline bulk storage tanks, and gasoline dispensing stations.

DATES: Any comments must arrive by August 12, 2009.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2009-0371, by one of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at https://www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through https://www.regulations.gov or e-mail. https://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment.
Docket: The index to the docket for this action is available
electronically at https://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Mae Wang, EPA Region IX, (415) 947-
4124, wang.mae@epa.gov.

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

Table of Contents

I. The State's Submittal
A. What Rules Did the State Submit?
B. Are There Other Versions of These Rules?
C. What Is the Purpose of the Submitted Rules and Rule
Amendments?
II. EPA's Evaluation and Action
A. How Is EPA Evaluating the Rules?
B. Do the Rules Meet the Evaluation Criteria?
C. 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 we are proposing to approve with the dates
that they were adopted, amended, or revised by the local air agencies
and submitted by the California Air Resources Board (CARB).

[[Page 33398]]

Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Adopted or
District Rule No. Rule title amended Submitted
----------------------------------------------------------------------------------------------------------------
NSAQMD............................ 227 Cutback and Emulsified 11/27/06 03/07/08
Asphalt Paving Materials.
SJVUAPCD.......................... 4621 Gasoline Transfer into 12/20/07 03/07/08
Stationary Storage
Containers, Delivery
Vessels, and Bulk Plants.
SJVUAPCD.......................... 4622 Gasoline Transfer into Motor 12/20/07 03/07/08
Vehicle Fuel Tanks.
SJVUAPCD.......................... 4651 Soil Decontamination 09/20/07 03/07/08
Operations.
----------------------------------------------------------------------------------------------------------------

On April 17, 2008, CARB's submittal of March 7, 2008, was found to
meet the completeness criteria in 40 CFR part 51, appendix V, which
must be met before formal EPA review.

B. Are There Other Versions of These Rules?

There is no previous version of NSAQMD Rule 227 in the SIP. We
approved previous versions of SJVUAPCD Rules 4621 and 4622 into the SIP
on April 19, 2000 (65 FR 20912) and March 24, 2003 (68 FR 14156),
respectively. We approved a previous version of SJVUAPCD Rule 4651 into
the SIP on July 24, 1996 (61 FR 38571).

C. What Is the Purpose of the Submitted Rules and Rule Amendments?

Volatile organic compounds (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. NSAQMD Rule 227 provides standards to control VOC emissions
during the use or manufacture of cutback asphalt and emulsified asphalt
paving materials. SJVUAPCD Rule 4621 limits VOC emissions from gasoline
storage containers and delivery vessels, and gasoline transfer
operations at bulk plants. SJVUAPCD Rule 4622 limits VOC emissions from
the transfer of gasoline into motor vehicle fuel tanks. SJVUAPCD Rule
4651 regulates VOC emissions from excavation, transportation, handling,
decontamination, and disposal of soil that has been contaminated with a
VOC-containing liquid. 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
CAA) and must not relax existing requirements (see sections 110(l) and
193 of the CAA).
CAA subpart 1 VOC rules must require Reasonably Available Control
Measures (RACM), including Reasonably Available Control Technology
(RACT), for each major VOC source in ozone nonattainment areas (see
section 172(c)(1) of the CAA). The NSAQMD regulates a subpart 1 8-hr
ozone nonattainment area in Western Nevada County (see 40 CFR part 81)
and must fulfill the requirements of RACM/RACT in that area.
CAA subpart 2 VOC rules must require RACT for each significant
source category covered by a Control Technique Guideline (CTG) document
and for each major source in ozone nonattainment areas (see sections
182(a)(2) and (b)(2) of the CAA). The SJVUAPCD regulates a subpart 2 8-
hr ozone nonattainment area which was classified under the 1-hr
standard as an extreme nonattainment area (see 40 CFR part 81).
Additionally, gasoline storage, transfer, and dispensing rules must
fulfill the special requirements for gasoline vapor recovery in ozone
nonattainment areas (see section 182(b)(3)(A) of the CAA) and special
requirements for vehicle fleets (see section 202(a)(6) of the CAA).
Guidance and policy documents that we use to help evaluate specific
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. Control of VOC from the Use of Cutback Asphalt, EPA-450/2-77-037
(December 1977).
5. SJVUAPCD 2004 Extreme Ozone Attainment Demonstration Plan.
6. SJVUAPCD 2007 Ozone Plan, https://www.arb.ca.gov/planning/sip/2007sip/sjv8hr/sjvozone.htm.
7. SJVUAPCD Final Staff Report, Proposed Amendments to Rule 4651
(September 20, 2007).

B. Do the Rules Meet the Evaluation Criteria?

We believe that NSAQMD Rule 227 and SJVUAPCD Rules 4621, 4622, and
4651 are consistent with the relevant policy and guidance regarding
enforceability, RACT, and SIP relaxations. The TSDs have more
information on our evaluation.

C. 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 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

[[Page 33399]]

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

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