Revisions to the California State Implementation Plan, San Joaquin Valley Air Pollution Control District, 34704-34707 [E9-17045]
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34704
Proposed Rules
Federal Register
Vol. 74, No. 136
Friday, July 17, 2009
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2009–0475; FRL–8932–2]
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 a limited
approval and limited disapproval of
revisions to the San Joaquin Valley Air
Pollution Control District (SJVAPCD)
portion of the California State
Implementation Plan (SIP). These
revisions concern volatile organic
compound (VOC) emissions from steamenhanced crude oil production well
vents, aerospace coating operations, and
polyester resin operations. We are
proposing action on 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 17, 2009.
Submit comments,
identified by docket number EPA–R09–
OAR–2009–0475, 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 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
ADDRESSES:
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:
Sona Chilingaryan, EPA Region IX,
(415) 972–3368,
chilingaryan.sona@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
Rule Revisions?
II. EPA’s Evaluation and Action
A. How Is EPA Evaluating the Rules?
B. Do the Rules Meet the Evaluation
Criteria?
C. What Are the Rule Deficiencies?
D. EPA Recommendations To Further
Improve the Rules
E. Proposed Action and Public Comment
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 (CARB).
TABLE 1—SUBMITTED RULES
Local agency
Rule No.
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SJVAPCD ...................................
SJVAPCD ...................................
SJVAPCD ...................................
4401
4605
4684
On July 23, 2007, EPA determined
that the submittal for Rule 4401 met the
completeness criteria in 40 CFR Part 51,
Appendix V, which must be met before
formal EPA review. On April 17, 2008,
EPA determined that the submittal for
Rules 4605 and 4684 met the
completeness criteria.
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Rule title
Adopted
Steam-Enhanced Crude Oil Production Wells ...............................
Aerospace Assembly and Component Coating Operations ..........
Polyester Resin Operations ............................................................
B. Are There Other Versions of These
Rules?
We approved an earlier version of
Rule 4401 into the SIP on June 22, 1998
(63 FR 33854). The SJVAPCD adopted
revisions to the SIP-approved version on
December 14, 2006. We approved an
earlier version of Rule 4605 into the SIP
on November 14, 2003 (68 FR 64537).
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9/20/07
Submitted
5/8/07
3/7/08
3/7/08
The SJVAPCD adopted revisions to the
SIP-approved version on September 20,
2007. We approved an earlier version of
Rule 4684 into the SIP on June 26, 2002
(67 FR 42999). The SJVAPCD adopted
revisions to the SIP-approved version on
September 20, 2007.
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C. What Is the Purpose of the Submitted
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. The revisions to Rule 4401
narrow exemptions, add leak inspection
and repair requirements, enhance
monitoring and recordkeeping
requirements and improve rule clarity.
The revisions to Rule 4605 and Rule
4684 improve rule clarity and
strengthen the solvent cleaning
provisions. EPA’s technical support
documents (TSD) have more
information about these rules.
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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 section
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 4401, 4605, and 4684 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. ‘‘Surface Coating Operations at
Aerospace Manufacturing & Rework
Operations,’’ EPA–453/R–97–004,
December 1997.
5. ‘‘Control Techniques Guidelines for
Fiberglass Boat Manufacturing
Materials,’’ EPA–453/R–08–004,
September 2008.
6. ‘‘State Implementation Plans,
General Preamble for the
Implementation of Title I of the Clean
Air Act Amendments of 1990,’’ 57 FR
13498, Apr. 16, 1992.
7. ‘‘Preamble, Final Rule to
Implement the 8-hour Ozone National
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Ambient Air Quality Standard,’’ 70 FR
71612, Nov. 29, 2005.
8. Letter from William T. Harnett to
Regional Air Division Directors, ‘‘RACT
Qs & As—Reasonable Available Control
Technology (RACT) Questions and
Answers,’’ May 18, 2006.
B. Do the Rules Meet the Evaluation
Criteria?
Rule 4401 improves the SIP by
establishing more stringent work
practice requirements and by enhancing
monitoring and recordkeeping
provisions. Rules 4605 and 4684
improve the SIP by clarifying
monitoring and recordkeeping
provisions and establishing more
stringent emission limits for solvents.
The rules are largely consistent with the
relevant policy and guidance regarding
enforceability, RACT and SIP
relaxations. Rule provisions which do
not meet the evaluation criteria are
summarized below and discussed
further in the TSD.
C. What Are the Rule Deficiencies?
These provisions do not satisfy the
requirements of section 110 and part D
of the Act and prevent full approval of
the SIP revision.
1. Rule 4401 allows sources to request
a waiver from an annual source test
requirement if approval is granted by
the District, CARB, and EPA. However,
Rule 4401 states that a request for a
waiver is deemed approved by EPA if
we do not object within 45 days of
receipt. The SJVAPCD cannot obligate
EPA’s decision making in this manner.
Section 6.2.4 effectively provides
executive officer discretion in conflict
with CAA sections 110(a) and (i) and
long-standing national policy.
2. Rule 4605 does not include
seventeen of the specialty VOC coating
limits provided in the 1997 CTG for
coating operations at aerospace facilities
and has limits for two other specialty
coating categories that are higher than
the applicable limits listed in the CTG.
SJVAPCD has not demonstrated that the
CTG limits are infeasible in San Joaquin
Valley or otherwise adequately
demonstrated that Rule 4605
implements RACT.
3. Rule 4684 contains limits that are
not as stringent as requirements in
several other California districts.
Fiberglass boat manufacturing facilities
subject to this rule are covered by EPA’s
2008 CTG for Fiberglass Boat
Manufacturing Materials. As such, the
District is required to adopt and submit
a SIP revision that satisfies RACT for
these sources by September 2009. In
addition, Rule 4684 appears also to
apply to certain other sources that are
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not covered by the CTG but that emit
major amounts of VOCs. These sources
are also subject to RACT because they
are major sources of ozone precursors.
The District has not demonstrated that
the more stringent monomer content
requirements and capture and control
device requirements in other California
rules are infeasible in San Joaquin
Valley or otherwise adequately
demonstrated that Rule 4684 meets
RACT.
D. EPA Recommendations To Further
Improve the Rules
The TSDs describe additional rule
revisions that we recommended for the
next time the local agency modifies the
rule.
E. Proposed Action and Public
Comment
As authorized in sections 110(k)(3)
and 301(a) of the Act, EPA is proposing
a limited approval of the submitted
rules to improve the SIP. If finalized,
this action would incorporate the
submitted rules into the SIP, including
those provisions identified as deficient.
This approval is limited because EPA is
simultaneously proposing a limited
disapproval of the rules under section
110(k)(3). If this disapproval is
finalized, sanctions will be imposed
under section 179 of the Act unless EPA
approves subsequent SIP revisions that
correct the rule deficiencies within 18
months of the disapproval. These
sanctions would be imposed according
to 40 CFR 52.31. A final disapproval
would also trigger the two year clock for
the Federal implementation plan (FIP)
requirement under section 110(c). Note
that the submitted rules have been
adopted by the SJVAPCD, and EPA’s
final limited disapproval would not
prevent the local agency from enforcing
it.
We will accept comments from the
public on the proposed limited approval
and limited disapproval for the next 30
days.
III. Statutory and Executive Order
Reviews
A. Executive Order 12866, Regulatory
Planning and Review
The Office of Management and Budget
(OMB) has exempted this regulatory
action from Executive Order 12866,
entitled ‘‘Regulatory Planning and
Review.’’
B. Paperwork Reduction Act
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. Burden is
defined at 5 CFR 1320.3(b).
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C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to conduct
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements unless the
agency certifies that the rule will not
have a significant economic impact on
a substantial number of small entities.
Small entities include small businesses,
small not-for-profit enterprises, and
small governmental jurisdictions.
This rule will not have a significant
impact on a substantial number of small
entities because SIP approvals under
section 110 and subchapter I, part D of
the Clean Air Act do not create any new
requirements but simply approve
requirements that the State is already
imposing. Therefore, because the
Federal SIP approval does not create
any new requirements, I certify that this
action will not have a significant
economic impact on a substantial
number of small entities.
Moreover, due to the nature of the
Federal-State relationship under the
Clean Air Act, preparation of flexibility
analysis would constitute Federal
inquiry into the economic
reasonableness of State action. The
Clean Air Act forbids EPA to base its
actions concerning SIPs on such
grounds. Union Electric Co., v. U.S.
EPA, 427 U.S. 246, 255–66 (1976); 42
U.S.C. 7410(a)(2).
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D. Unfunded Mandates Reform Act
Under sections 202 of the Unfunded
Mandates Reform Act of 1995
(‘‘Unfunded Mandates Act’’), signed
into law on March 22, 1995, EPA must
prepare a budgetary impact statement to
accompany any proposed or final rule
that includes a Federal mandate that
may result in estimated costs to State,
local, or Tribal governments in the
aggregate; or to the private sector, of
$100 million or more. Under section
205, EPA must select the most costeffective and least burdensome
alternative that achieves the objectives
of the rule and is consistent with
statutory requirements. Section 203
requires EPA to establish a plan for
informing and advising any small
governments that may be significantly
or uniquely impacted by the rule.
EPA has determined that the approval
action proposed does not include a
Federal mandate that may result in
estimated costs of $100 million or more
to either State, local, or Tribal
governments in the aggregate, or to the
private sector. This Federal action
proposes to approve pre-existing
requirements under State or local law,
and imposes no new requirements.
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Accordingly, no additional costs to
State, local, or Tribal governments, or to
the private sector, result from this
action.
E. Executive Order 13132, Federalism
Federalism (64 FR 43255, August 10,
1999) revokes and replaces Executive
Orders 12612 (Federalism) and 12875
(Enhancing the Intergovernmental
Partnership). Executive Order 13132
requires EPA to develop an accountable
process to ensure ‘‘meaningful and
timely input by State and local officials
in the development of regulatory
policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that have ‘‘substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’ Under
Executive Order 13132, EPA may not
issue a regulation that has federalism
implications, that imposes substantial
direct compliance costs, and that is not
required by statute, unless the Federal
Government provides the funds
necessary to pay the direct compliance
costs incurred by State and local
governments, or EPA consults with
State and local officials early in the
process of developing the proposed
regulation. EPA also may not issue a
regulation that has federalism
implications and that preempts State
law unless the Agency consults with
State and local officials early in the
process of developing the proposed
regulation.
This rule will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132, because it
merely approves a State rule
implementing a Federal standard, and
does not alter the relationship or the
distribution of power and
responsibilities established in the Clean
Air Act. Thus, the requirements of
section 6 of the Executive Order do not
apply to this rule.
F. Executive Order 13175, Coordination
With Indian Tribal Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
Tribal officials in the development of
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regulatory policies that have Tribal
implications.’’ This proposed rule does
not have Tribal implications, as
specified in Executive Order 13175. It
will not have substantial direct effects
on Tribal governments, on the
relationship between the Federal
Government and Indian Tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian Tribes. Thus,
Executive Order 13175 does not apply
to this rule.
EPA specifically solicits additional
comment on this proposed rule from
Tribal officials.
G. Executive Order 13045, Protection of
Children From Environmental Health
Risks and Safety Risks
EPA interprets Executive Order 13045
(62 FR 19885, April 23, 1997) as
applying only to those regulatory
actions that concern health or safety
risks, such that the analysis required
under section 5–501 of the Executive
Order has the potential to influence the
regulation. This rule is not subject to
Executive Order 13045, because it
approves a State rule implementing a
Federal standard.
H. Executive Order 13211, Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This rule is not subject to Executive
Order 13211, ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) because it is
not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act
Section 12 of the National Technology
Transfer and Advancement Act
(NTTAA) of 1995 requires Federal
agencies to evaluate existing technical
standards when developing a new
regulation. To comply with NTTAA,
EPA must consider and use ‘‘voluntary
consensus standards’’ (VCS) if available
and applicable when developing
programs and policies unless doing so
would be inconsistent with applicable
law or otherwise impractical.
The EPA believes that VCS are
inapplicable to this action. Today’s
action does not require the public to
perform activities conducive to the use
of VCS.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
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under ‘‘FOR FURTHER INFORMATION
CONTACT’’ by July 27, 2009.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 30, 2009.
Jane Diamond,
Acting Deputy Regional Administrator,
Region IX.
[FR Doc. E9–17045 Filed 7–16–09; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
Pipeline Safety: Notice of Technical
Pipeline Safety Advisory Committee
Meetings
II. Committee Background
AGENCY: Pipeline and Hazardous
Materials Safety Administration
(PHMSA); DOT.
ACTION: Notice of technical pipeline
safety advisory committee meetings.
SUMMARY: This notice announces a
public meeting of the Technical
Pipeline Safety Standards Committee
(TPSSC) and of the Technical
Hazardous Liquid Pipeline Safety
Standards Committee (THLPSSC).
The PHMSA staff will brief the
committee members on pipeline
regulatory actions and policy concerns.
The purpose of the meeting is to keep
the members updated on current safety
concerns, proposed rules, and future
proposals.
DATES: The meeting will be on
Thursday, August 6, 2009, from 1 p.m.
to 5 p.m. EST. The TPSSC and the
THLPSSC will take part in the meeting
by telephone conference call. The
public may attend the meeting at the
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., Washington,
DC 20590, Room E27–302. Please
contact the individual listed under ‘‘FOR
FURTHER INFORMATION CONTACT’’ by July
27, 2009.
FOR FURTHER INFORMATION CONTACT: For
information about the meetings, contact
Cheryl Whetsel by phone at (202) 366–
4431 or by e-mail at
cheryl.whetsel@dot.gov.
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Anyone may search the electronic
form of comments received in response
to any of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). DOT’s complete Privacy
Act Statement was published in the
Federal Register on April 11, 2000 (65
FR 19477).
For information on facilities or
services for individuals with
disabilities, or to seek special assistance
at the meetings, please contact Cheryl
Whetsel at (202) 366–4431 by July 27,
2009.
[Docket No. PHMSA–2009–0203]
SUPPLEMENTARY INFORMATION:
I. Meeting Details
Members of the public may attend
and make a statement during the
advisory committee meetings. For a
better chance to speak at the meetings,
please contact the individual listed
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Administration
Information on Services for Individuals
With Disabilities
49 CFR Part 192
16:23 Jul 16, 2009
DEPARTMENT OF COMMERCE
Privacy Act Statement
requirements, Volatile organic
compounds.
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These two statutorily-mandated
committees advise PHMSA on proposed
safety standards, risks assessments, and
safety policies for natural gas pipelines
and for hazardous liquid pipelines. Both
committees fall under the Federal
Advisory Committee Act (Pub. L. 92–
463, 5 U.S.C. App. 1) and both are
mandated by the pipeline safety law (49
U.S.C. Chap. 601). Each committee
consists of 15 members—with
membership evenly divided among the
Federal and State government, the
regulated industry, and the public. The
committees advise PHMSA on technical
feasibility, practicability, and costeffectiveness of each proposed pipeline
safety standard.
III. Preliminary Agenda
The PHMSA will discuss its pipeline
safety regulatory program, and the
following proposed rules or topics of
interest. The committee will not be
voting on any proposals at this meeting.
1. One-Rule and Changes to Incident
and Accident Forms.
2. Periodic Updates of Regulatory
References to Technical Standards.
3. Low Stress II—Survey Results.
4. Installing Excess Flow Valves
(EFV)—(Application for Apartments and
Commercial Properties)
5. Community Technical Assistance
Grant Program.
6. Pipelines and Informed Planning
Alliance (PIPA).
Issued in Washington, DC, on July 9, 2009.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. E9–16965 Filed 7–16–09; 8:45 am]
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50 CFR Part 665
[Docket No. 090218199–91091–01]
RIN 0648–AX38
Fisheries in the Western Pacific;
Pelagic Fisheries; Vessel Identification
Requirements
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
SUMMARY: NMFS proposes to revise
identification requirements for U.S.
vessels that fish for pelagic management
unit species on the high seas of the
central and western Pacific. The new
measures would require vessels to
display their International
Telecommunication Union Radio Call
Sign (IRCS). If an IRCS has not been
assigned to the vessel, the vessel would
be required to display its official
number, preceded by the characters
‘‘USA ’’. The intent of this proposed
rule is to make existing Federal vessel
identification requirements conform
with other regulations being proposed to
implement international requirements.
DATES: Comments on the proposed rule
must be received by August 3, 2009.
ADDRESSES: Comments on this proposed
rule, identified by 0648–AX38, may be
sent to either of the following addresses:
• Electronic Submission: Submit all
electronic public comments via the
Federal e–Rulemaking Portal
www.regulations.gov; or
• Mail: William L. Robinson, Regional
Administrator, NMFS, Pacific Islands
Region (PIR), 1601 Kapiolani Blvd.,
Suite 1110, Honolulu, HI 96814–4700.
Instructions: All comments received
are a part of the public record and will
generally be posted to
www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.) submitted
voluntarily by the sender may be
publicly accessible. Do not submit
confidential business information, or
otherwise sensitive or protected
information. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word or Excel, WordPerfect, or Adobe
PDF file formats only.
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Agencies
[Federal Register Volume 74, Number 136 (Friday, July 17, 2009)]
[Proposed Rules]
[Pages 34704-34707]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17045]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 /
Proposed Rules
[[Page 34704]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2009-0475; FRL-8932-2]
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 a limited approval and limited disapproval of
revisions to the San Joaquin Valley Air Pollution Control District
(SJVAPCD) portion of the California State Implementation Plan (SIP).
These revisions concern volatile organic compound (VOC) emissions from
steam-enhanced crude oil production well vents, aerospace coating
operations, and polyester resin operations. We are proposing action on
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 17, 2009.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2009-0475, 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: Sona Chilingaryan, EPA Region IX,
(415) 972-3368, chilingaryan.sona@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 Rule Revisions?
II. EPA's Evaluation and Action
A. How Is EPA Evaluating the Rules?
B. Do the Rules Meet the Evaluation Criteria?
C. What Are the Rule Deficiencies?
D. EPA Recommendations To Further Improve the Rules
E. Proposed Action and Public Comment
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 (CARB).
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
SJVAPCD................................. 4401 Steam-Enhanced Crude Oil 12/14/06 5/8/07
Production Wells.
SJVAPCD................................. 4605 Aerospace Assembly and 9/20/07 3/7/08
Component Coating Operations.
SJVAPCD................................. 4684 Polyester Resin Operations..... 9/20/07 3/7/08
----------------------------------------------------------------------------------------------------------------
On July 23, 2007, EPA determined that the submittal for Rule 4401
met the completeness criteria in 40 CFR Part 51, Appendix V, which must
be met before formal EPA review. On April 17, 2008, EPA determined that
the submittal for Rules 4605 and 4684 met the completeness criteria.
B. Are There Other Versions of These Rules?
We approved an earlier version of Rule 4401 into the SIP on June
22, 1998 (63 FR 33854). The SJVAPCD adopted revisions to the SIP-
approved version on December 14, 2006. We approved an earlier version
of Rule 4605 into the SIP on November 14, 2003 (68 FR 64537). The
SJVAPCD adopted revisions to the SIP-approved version on September 20,
2007. We approved an earlier version of Rule 4684 into the SIP on June
26, 2002 (67 FR 42999). The SJVAPCD adopted revisions to the SIP-
approved version on September 20, 2007.
[[Page 34705]]
C. What Is the Purpose of the Submitted 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. The revisions to Rule
4401 narrow exemptions, add leak inspection and repair requirements,
enhance monitoring and recordkeeping requirements and improve rule
clarity. The revisions to Rule 4605 and Rule 4684 improve rule clarity
and strengthen the solvent cleaning provisions. EPA's technical support
documents (TSD) 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
section 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 4401, 4605, and 4684
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. ``Surface Coating Operations at Aerospace Manufacturing & Rework
Operations,'' EPA-453/R-97-004, December 1997.
5. ``Control Techniques Guidelines for Fiberglass Boat
Manufacturing Materials,'' EPA-453/R-08-004, September 2008.
6. ``State Implementation Plans, General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498, Apr. 16, 1992.
7. ``Preamble, Final Rule to Implement the 8-hour Ozone National
Ambient Air Quality Standard,'' 70 FR 71612, Nov. 29, 2005.
8. Letter from William T. Harnett to Regional Air Division
Directors, ``RACT Qs & As--Reasonable Available Control Technology
(RACT) Questions and Answers,'' May 18, 2006.
B. Do the Rules Meet the Evaluation Criteria?
Rule 4401 improves the SIP by establishing more stringent work
practice requirements and by enhancing monitoring and recordkeeping
provisions. Rules 4605 and 4684 improve the SIP by clarifying
monitoring and recordkeeping provisions and establishing more stringent
emission limits for solvents. The rules are largely consistent with the
relevant policy and guidance regarding enforceability, RACT and SIP
relaxations. Rule provisions which do not meet the evaluation criteria
are summarized below and discussed further in the TSD.
C. What Are the Rule Deficiencies?
These provisions do not satisfy the requirements of section 110 and
part D of the Act and prevent full approval of the SIP revision.
1. Rule 4401 allows sources to request a waiver from an annual
source test requirement if approval is granted by the District, CARB,
and EPA. However, Rule 4401 states that a request for a waiver is
deemed approved by EPA if we do not object within 45 days of receipt.
The SJVAPCD cannot obligate EPA's decision making in this manner.
Section 6.2.4 effectively provides executive officer discretion in
conflict with CAA sections 110(a) and (i) and long-standing national
policy.
2. Rule 4605 does not include seventeen of the specialty VOC
coating limits provided in the 1997 CTG for coating operations at
aerospace facilities and has limits for two other specialty coating
categories that are higher than the applicable limits listed in the
CTG. SJVAPCD has not demonstrated that the CTG limits are infeasible in
San Joaquin Valley or otherwise adequately demonstrated that Rule 4605
implements RACT.
3. Rule 4684 contains limits that are not as stringent as
requirements in several other California districts. Fiberglass boat
manufacturing facilities subject to this rule are covered by EPA's 2008
CTG for Fiberglass Boat Manufacturing Materials. As such, the District
is required to adopt and submit a SIP revision that satisfies RACT for
these sources by September 2009. In addition, Rule 4684 appears also to
apply to certain other sources that are not covered by the CTG but that
emit major amounts of VOCs. These sources are also subject to RACT
because they are major sources of ozone precursors. The District has
not demonstrated that the more stringent monomer content requirements
and capture and control device requirements in other California rules
are infeasible in San Joaquin Valley or otherwise adequately
demonstrated that Rule 4684 meets RACT.
D. EPA Recommendations To Further Improve the Rules
The TSDs describe additional rule revisions that we recommended for
the next time the local agency modifies the rule.
E. Proposed Action and Public Comment
As authorized in sections 110(k)(3) and 301(a) of the Act, EPA is
proposing a limited approval of the submitted rules to improve the SIP.
If finalized, this action would incorporate the submitted rules into
the SIP, including those provisions identified as deficient. This
approval is limited because EPA is simultaneously proposing a limited
disapproval of the rules under section 110(k)(3). If this disapproval
is finalized, sanctions will be imposed under section 179 of the Act
unless EPA approves subsequent SIP revisions that correct the rule
deficiencies within 18 months of the disapproval. These sanctions would
be imposed according to 40 CFR 52.31. A final disapproval would also
trigger the two year clock for the Federal implementation plan (FIP)
requirement under section 110(c). Note that the submitted rules have
been adopted by the SJVAPCD, and EPA's final limited disapproval would
not prevent the local agency from enforcing it.
We will accept comments from the public on the proposed limited
approval and limited disapproval for the next 30 days.
III. Statutory and Executive Order Reviews
A. Executive Order 12866, Regulatory Planning and Review
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b).
[[Page 34706]]
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
This rule will not have a significant impact on a substantial
number of small entities because SIP approvals under section 110 and
subchapter I, part D of the Clean Air Act do not create any new
requirements but simply approve requirements that the State is already
imposing. Therefore, because the Federal SIP approval does not create
any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under
the Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of State action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
D. Unfunded Mandates Reform Act
Under sections 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or Tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action proposed does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or Tribal governments in the
aggregate, or to the private sector. This Federal action proposes to
approve pre-existing requirements under State or local law, and imposes
no new requirements. Accordingly, no additional costs to State, local,
or Tribal governments, or to the private sector, result from this
action.
E. Executive Order 13132, Federalism
Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal Government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law unless the
Agency consults with State and local officials early in the process of
developing the proposed regulation.
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132, because it
merely approves a State rule implementing a Federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. Thus, the
requirements of section 6 of the Executive Order do not apply to this
rule.
F. Executive Order 13175, Coordination With Indian Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by Tribal officials in the development of regulatory
policies that have Tribal implications.'' This proposed rule does not
have Tribal implications, as specified in Executive Order 13175. It
will not have substantial direct effects on Tribal governments, on the
relationship between the Federal Government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian Tribes. Thus, Executive Order 13175 does not
apply to this rule.
EPA specifically solicits additional comment on this proposed rule
from Tribal officials.
G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
rule is not subject to Executive Order 13045, because it approves a
State rule implementing a Federal standard.
H. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping
[[Page 34707]]
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 30, 2009.
Jane Diamond,
Acting Deputy Regional Administrator, Region IX.
[FR Doc. E9-17045 Filed 7-16-09; 8:45 am]
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