Revisions to the California State Implementation Plan, 3680-3682 [2010-1184]
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erowe on DSK5CLS3C1PROD with PROPOSALS-1
3680
Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Proposed Rules
(C)(28)(d), (C)(28)(e), (C)(29), (C)(30),
(C)(31), (C)(32), (C)(33), (C)(34), (C)(35),
(C)(36), (C)(37), (C)(38), (C)(39), (C)(40),
(C)(41), (C)(42), (C)(43), (C)(44), (C)(45),
(C)(46), (C)(47), (C)(48), (C)(48)(a),
(C)(48)(b), (C)(49), (C)(50), (C)(51),
(C)(52), (C)(53), (C)(54), (C)(55), (C)(56),
(C)(57), (C)(58), (C)(59), (C)(60), (C)(61),
(C)(62), (C)(63), (C)(64), (C)(64)(a),
(C)(64)(a)(i), (C)(64)(a)(ii), (C)(64)(a)(iii),
(C)(64)(b), (C)(64)(b)(i), (C)(64)(b)(ii),
(C)(64)(b)(iii), (C)(65), (C)(66).
3745–21–06 Classification of
Regions:
Entire rule as revised including
removal of paragraphs (A) and (B).
3745–21–08 Control of carbon
monoxide from stationary sources:
Paragraphs (A), (B), (C), (D), and (E).
3745–21–09 Control of emissions of
volatile organic compounds from
stationary sources and
perchloroethylene from dry cleaning
facilities:
Title, Paragraphs (B)(3)(a), (B)(3)(f),
(B)(3)(h), (B)(3)(j), (B)(3)(l), (B)(4)(a),
(B)(4)(b), (C)(4), (H)(1)(a), (H)(1)(b),
(H)(3), (O)(5)(b), (O)(6)(a), (O)(6)(b), the
portion of paragraph (U)(1) which states,
‘‘If a miscellaneous metal parts or
products coating is subject to two or
more limits as listed in (U)(1)(a) through
(U)(1)(i) above, the limit which is least
restrictive shall apply’’, the portion of
paragraph (U)(2)(e) which states, ‘‘Daily
usage limitations included in (U)(2)(e)(i)
through (U)(2)(e)(iii) above shall not
apply to coatings employed by the metal
parts or products coating line on parts
or products which are not metal’’,
(U)(2)(h), (AA)(1)(b), (AA)(1)(c), (FF)(1),
(II)(2), (II)(3), (II)(4), (NN)(1), (NN)(2),
(NN)(3), (NN)(4), (NN)(5), (OO), (OO)(1),
(OO)(2), (OO)(3), (OO)(4), (PP)(2),
(UU)(3), (AAA), (DDD), and Appendix
A. EPA approved more recent versions
of paragraphs (O)(6)(b) and (VV)(1)(e) on
March 30, 2007, at 72 FR 15045, and so
no rulemaking on the versions of these
paragraphs submitted in 2003 is
necessary.
3745–21–10 Compliance test
methods and procedures:
Title, Paragraphs (J), (J)(1), (J)(2), (J)(4),
Appendix A, and Appendix B.
We are taking no action on revisions
to 3745–21–04 (C)(3)(a) because the
paragraph was subsequently revised in
a March 23, 2009, submittal. EPA has
approved this revision in separate
rulemake published July 28, 2009, at 74
FR 37171.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
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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 CAA. 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 CAA; 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Ozone,
PO 00000
Frm 00039
Fmt 4702
Sfmt 4702
Reporting and recordkeeping
requirements.
Dated: January 13, 2010.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.
[FR Doc. 2010–1223 Filed 1–21–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2009–0960; FRL–9105–8]
Revisions to the California State
Implementation Plan
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to approve
revisions to the San Joaquin Valley
Unified Air Pollution Control District
(SJVAPCD) portion of the California
State Implementation Plan (SIP). These
revisions concern oxides of nitrogen
(NOX) from residential water heaters.
We are approving 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
February 22, 2010.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2009–0960, 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
E:\FR\FM\22JAP1.SGM
22JAP1
3681
Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Proposed Rules
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:
Idalia Perez, EPA Region IX, (415) 972–
3248, perez.idalia@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. The State’s Submittal
A. What rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted
rule revision?
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rule?
B. Does the rule meet the evaluation
criteria?
C. EPA Recommendations to Further
Improve the rule
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What rule did the State submit?
Table 1 lists the rule addressed by this
proposal with the date that it was
adopted by the local air agency and
submitted by the California Air
Resources Board (CARB).
TABLE 1—SUBMITTED RULE
Local agency
Rule No.
Rule title
Adopted
Submitted
SJVAPCD .............................................
4902
Residential Water Heaters ...................................................
03/19/09
04/29/09
On 07/20/09, EPA determined that the
submittal for SJVAPCD Rule 4902 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 this rule?
We approved an earlier version of
Rule 4902 into the SIP on February 17,
2004 (69 FR 7370).
C. What is the purpose of the submitted
rule revision?
NOX emissions help produce groundlevel ozone, smog and particulate
matter, which harm human health and
the environment. Section 110(a) of the
CAA requires States to submit
regulations that control NOX emissions.
Rule 4902 limits NOX, emissions from
residential water heaters and was
amended to extend the applicability of
the rule and strengthen the emission
limits for NOX. EPA’s technical support
document (TSD) has more information
about this rule.
II. EPA’s Evaluation and Action
erowe on DSK5CLS3C1PROD with PROPOSALS-1
A. How is EPA evaluating the rule?
Generally, SIP rules for NOX
emissions must be enforceable (see
section 110(a) of the Act), must require
Reasonably Available Control
Technology (RACT) for each major
source in ozone nonattainment areas
classified as moderate or above (see
sections 182(b)(2) and 182(f)), and must
not relax existing requirements (see
sections 110(l) and 193). Although the
SJVAPCD regulates a serious (8-hour)
and extreme (1-hour) ozone
nonattainment area, submitted Rule
4902 is not subject to RACT because it
VerDate Nov<24>2008
14:42 Jan 21, 2010
Jkt 220001
is applies only to sources that are not
major sources of NOX.
Guidance and policy documents that
we use to evaluate enforceability
requirements consistently include the
following:
1. ‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and
Deviations,’’ EPA, May 25, 1988 (the
Bluebook).
2. ‘‘Guidance Document for Correcting
Common VOC & Other Rule
Deficiencies,’’ EPA Region 9, August 21,
2001 (the Little Bluebook).
B. Does the rule meet the evaluation
criteria?
We believe this rule is consistent with
the relevant requirements, policy and
guidance regarding enforceability and
SIP relaxations. The TSD has more
information on our evaluation.
C. EPA recommendations to further
improve this rule. We do not have
further recommendations to improve
this rule.
D. Public comment and final action.
Because EPA believes the submitted
rule fulfills all relevant requirements,
we are proposing to fully approve it
under 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 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
PO 00000
Frm 00040
Fmt 4702
Sfmt 4702
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
proposes to approve State law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by State law.
For that reason, this proposed 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
E:\FR\FM\22JAP1.SGM
22JAP1
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Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Proposed Rules
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 proposed 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 29, 2009.
Jane Diamond,
Acting Deputy Regional Administrator,
Region IX.
[FR Doc. 2010–1184 Filed 1–21–10; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 15
[WT Docket Nos. 08–166, 08–167, and ET
Docket No. 10–24; FCC 10–16]
Revisions to Rules Authorizing the
Operation of Low Power Auxiliary
Stations in the 698–806 MHz Band;
Public Interest Spectrum Coalition,
Petition for Rulemaking Regarding
Low Power Auxiliary Stations,
Including Wireless Microphones, and
the Digital Television Transition
erowe on DSK5CLS3C1PROD with PROPOSALS-1
AGENCY: Federal Communications
Commission.
ACTION: Proposed rule.
SUMMARY: In this Further Notice of
Proposed Rulemaking (FNPRM) the
Commission seeks to refine and update
its rules governing the use of wireless
microphones, seeking comment on a
range of issues concerning the operation
of these devices in the core TV bands.
DATES: Interested parties may file
comments on or before February 22,
2010, and reply comments on or before
March 15, 2010.
VerDate Nov<24>2008
14:42 Jan 21, 2010
Jkt 220001
You may submit comments,
identified by WT Docket No. 08–166,
08–167 and ET Docket No. 10–24, by
any of the following methods:
fi Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
fi Federal Communications
Commission’s Web site: https://
www.fcc.gov/cgb/ecfs/. Follow the
instructions for submitting comments.
fi Mail: Filings can be sent by hand
or messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail
(although the Commission continues to
experience delays in receiving U.S.
Postal Service mail). All filings must be
addressed to the Commission’s
Secretary, Office of the Secretary,
Federal Communications Commission.
fi People with Disabilities: Contact
the FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by e-mail: FCC504@fcc.gov
or phone: 202–418–0530 or TTY: 202–
418–0432.
For detailed instructions for submitting
comments and additional information
on the rulemaking process, see the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT: Paul
D’Ari, Wireless Telecommunications
Bureau, (202) 418–1550, e-mail
Paul.Dari@fcc.gov, or Hugh L. Van Tuyl,
Office of Engineering and Technology,
(202) 418–7506, e-mail
Hugh.VanTuyl@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s rules
noted in the Report and Order and
Further Notice of Proposed Rulemaking
in WT Docket Nos. 08–166 and 08–167,
ET Docket No.10–24, and FCC 10–16,
adopted January 14, 2010, and released
on January 15, 2010. This summary
should be read with its companion
document, the Report and Order
summary published elsewhere in this
issue of the Federal Register. The full
text of the Report and Order and
FNPRM is available for public
inspection and copying during business
hours in the FCC Reference Information
Center, Portals II, 445 12th Street SW.,
Room CY–A257, Washington, DC 20554.
It also may be purchased from the
Commission’s duplicating contractor at
Portals II, 445 12th Street SW., Room
CY–B402, Washington, DC 20554; the
contractor’s Web site, https://
www.bcpiweb.com; or by calling (800)
378–3160, facsimile (202) 488–5563, or
e-mail FCC@BCPIWEB.com. Copies of
the public notice also may be obtained
via the Commission’s Electronic
ADDRESSES:
PO 00000
Frm 00041
Fmt 4702
Sfmt 4702
Comment Filing System (ECFS) by
entering the docket numbers, WT
Docket No. 08–166, WT Docket No. 08–
167, and ET Docket No. 10–24.
Additionally, the complete item is
available on the Federal
Communications Commission’s Web
site at https://www.fcc.gov.
Synopsis of the Further Notice of
Proposed Rulemaking Section of the
Report and Order and Further Notice of
Proposed Rulemaking
I. Introduction
1. In this Further Notice of Proposed
Rulemaking (FNPRM), the Commission
addresses the use of wireless low power
auxiliary stations, including wireless
microphones that operate on the TV
bands by entities that are not eligible for
a part 74 low power auxiliary station
license. In light of the important
functions that these types of devices
provide to the public, the Commission
propose that the Commission should
revise its rules to permit the use of
wireless microphones and other low
power audio devices in the core TV
bands on an unlicensed basis under part
15 of the rules by entities that are not
currently eligible for licensing under
part 74, Subpart H of the rules. The
Commission also proposes to adopt
technical rules for such operation under
part 15. In addition, the Commission
seeks comment on whether to provide
for some expansion of the eligibility
under part 74, Subpart H of the rules to
create additional categories of licensed
use of wireless microphones or other
low power auxiliary stations. The
Commission also seeks comment on the
adoption in its rules marketing and
labeling requirements, including
possible requirements pertaining to part
74 low power auxiliary stations that
could help ensure that ineligible entities
do not obtain such devices. Consistent
with the Commissions broader efforts to
manage spectrum as effectively and
efficiently as possible, the Commission
also seek comment on possible longterm reform, based in part on
technological innovation such as digital
technology, that would enable wireless
microphones to operate more efficiently
and with improved immunity to
harmful interference, thereby increasing
the availability of spectrum for wireless
microphone and other uses. Finally, the
Commission seeks comment on whether
there are any changes it could make to
other rule parts, including part 90, that
would address the needs of wireless
microphone users.
2. As discussed in the Report and
Order, there are several reasons why
this is an appropriate time for the
E:\FR\FM\22JAP1.SGM
22JAP1
]]>Agencies
[Federal Register Volume 75, Number 14 (Friday, January 22, 2010)]
[Proposed Rules]
[Pages 3680-3682]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1184]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2009-0960; FRL-9105-8]
Revisions to the California State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve revisions to the San Joaquin
Valley Unified Air Pollution Control District (SJVAPCD) portion of the
California State Implementation Plan (SIP). These revisions concern
oxides of nitrogen (NOX) from residential water heaters. We
are approving 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 February 22, 2010.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2009-0960, 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
[[Page 3681]]
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: Idalia Perez, EPA Region IX, (415)
972-3248, perez.idalia@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. The State's Submittal
A. What rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted rule revision?
II. EPA's Evaluation and Action
A. How is EPA evaluating the rule?
B. Does the rule meet the evaluation criteria?
C. EPA Recommendations to Further Improve the rule
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rule did the State submit?
Table 1 lists the rule addressed by this proposal with the date
that it was adopted by the local air agency and submitted by the
California Air Resources Board (CARB).
Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
SJVAPCD.................................. 4902 Residential Water Heaters.. 03/19/09 04/29/09
----------------------------------------------------------------------------------------------------------------
On 07/20/09, EPA determined that the submittal for SJVAPCD Rule
4902 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 this rule?
We approved an earlier version of Rule 4902 into the SIP on
February 17, 2004 (69 FR 7370).
C. What is the purpose of the submitted rule revision?
NOX emissions help produce ground-level ozone, smog and
particulate matter, which harm human health and the environment.
Section 110(a) of the CAA requires States to submit regulations that
control NOX emissions. Rule 4902 limits NOX,
emissions from residential water heaters and was amended to extend the
applicability of the rule and strengthen the emission limits for
NOX. EPA's technical support document (TSD) has more
information about this rule.
II. EPA's Evaluation and Action
A. How is EPA evaluating the rule?
Generally, SIP rules for NOX emissions must be
enforceable (see section 110(a) of the Act), must require Reasonably
Available Control Technology (RACT) for each major source in ozone
nonattainment areas classified as moderate or above (see sections
182(b)(2) and 182(f)), and must not relax existing requirements (see
sections 110(l) and 193). Although the SJVAPCD regulates a serious (8-
hour) and extreme (1-hour) ozone nonattainment area, submitted Rule
4902 is not subject to RACT because it is applies only to sources that
are not major sources of NOX.
Guidance and policy documents that we use to evaluate
enforceability requirements consistently include the following:
1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook).
2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
B. Does the rule meet the evaluation criteria?
We believe this rule is consistent with the relevant requirements,
policy and guidance regarding enforceability and SIP relaxations. The
TSD has more information on our evaluation.
C. EPA recommendations to further improve this rule. We do not have
further recommendations to improve this rule.
D. Public comment and final action.
Because EPA believes the submitted rule fulfills all relevant
requirements, we are proposing to fully approve it under 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 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 proposes to approve State law as
meeting Federal requirements and does not impose additional
requirements beyond those imposed by State law.
For that reason, this proposed 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
[[Page 3682]]
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 proposed 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 29, 2009.
Jane Diamond,
Acting Deputy Regional Administrator, Region IX.
[FR Doc. 2010-1184 Filed 1-21-10; 8:45 am]
BILLING CODE 6560-50-P
