Revisions to the California State Implementation Plan, 14545-14547 [2010-6804]
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Federal Register / Vol. 75, No. 58 / Friday, March 26, 2010 / Proposed Rules
emcdonald on DSK2BSOYB1PROD with PROPOSALS
attributable to the work performed by
the individual relative to the total
amount of income, deductions, or losses
required to be correctly reported on the
tax return or claim for refund of tax; and
the amount of tax or credit attributable
to the work performed by the individual
relative to the total tax liability required
to be correctly reported on the tax return
or claim for refund of tax. A tax return
preparer does not include an individual
who is not otherwise a tax return
preparer as that term is defined in
§ 301.7701–15(b)(2), or who is an
individual described in § 301.7701–
15(f). The provisions of this paragraph
(g) are illustrated by the following
examples:
Example 1. Employee A, an individual
employed by Tax Return Preparer B, assists
Tax Return Preparer B in answering
telephone calls, making copies, inputting
client tax information gathered by B into the
data fields of tax preparation software on a
computer, and using the computer to file
electronic returns of tax prepared by B.
Although Employee A must exercise
judgment regarding which data fields in the
tax preparation software to use, A does not
exercise any discretion or independent
judgment as to the clients’ underlying tax
positions. Employee A, therefore, merely
provides clerical assistance or incidental
services and is not a tax return preparer
required to apply for a PTIN or other
identifying number as the Internal Revenue
Service may prescribe in forms, instructions,
or other appropriate guidance.
Example 2. The facts are the same as in
Example 1, except that Employee A also
interviews B’s clients and obtains from them
information needed for the preparation of tax
returns. Employee A determines the amount
and character of entries on the returns and
whether the information provided is
sufficient for purposes of preparing the
returns. For at least some of B’s clients, A
obtains information and makes
determinations that constitute all or
substantially all of the tax return. Employee
A is a tax return preparer required to apply
for a PTIN or other identifying number as the
Internal Revenue Service may prescribe in
forms, instructions, or other appropriate
guidance. Employee A is a tax return
preparer even if Employee A relies on tax
preparation software to prepare the return.
Example 3. C is an employee of a firm that
prepares tax returns and claims for refund of
tax for compensation. C is responsible for
preparing a Form 1040, ‘‘U.S. Individual
Income Tax Return,’’ for a client. C obtains
the information necessary for completing the
return during a meeting with the client, and
makes determinations with respect to the
proper application of the tax laws to the
information in order to determine the client’s
tax liability. C completes the tax return and
sends the completed return to employee D,
who reviews the return for accuracy before
signing it. Both C and D are tax return
preparers required to apply for a PTIN or
other identifying number as the Internal
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13:52 Mar 25, 2010
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Revenue Service may prescribe in forms,
instructions, or other appropriate guidance.
Example 4. E is an employee at a firm
which prepares tax returns and claims for
refund of tax for compensation. The firm is
engaged by a corporation to prepare its
Federal income tax return on Form 1120,
‘‘U.S. Corporation Income Tax Return.’’
Among the documentation that the
corporation provides to E in connection with
the preparation of the tax return is
documentation relating to the corporation’s
potential eligibility to claim a recently
enacted tax credit for the taxable year. In
preparing the return, and specifically for
purposes of the new tax credit, E (with the
corporation’s consent) obtains advice from F,
a subject matter expert on this and similar
credits. F advises E as to the corporation’s
entitlement to the credit and provides his
calculation of the amount of the credit. Based
on this advice from F, E prepares the
corporation’s Form 1120 claiming the tax
credit in the amount recommended by F. The
additional credit is one of many tax credits
and deductions claimed on the tax return,
and determining the credit amount does not
constitute preparation of all or substantially
all of the corporation’s tax return under this
paragraph (g). F will not be considered to
have prepared all or substantially all of the
corporation’s tax return, and F is not a tax
return preparer required to apply for a PTIN
or other identifying number as the Internal
Revenue Service may prescribe in forms,
instructions, or other appropriate guidance.
The analysis is the same whether or not the
tax credit is a substantial portion of the
return under § 301.7701–15 of this chapter,
and whether or not F is in the same firm with
E. E is a tax return preparer required to apply
for a PTIN or other identifying number as the
Internal Revenue Service may prescribe in
forms, instructions, or other appropriate
guidance.
(h) The Internal Revenue Service,
through forms, instructions, or other
appropriate guidance, may prescribe
exceptions to the requirements of this
section, including the requirement that
an individual be authorized to practice
before the Internal Revenue Service
before receiving a preparer tax
identification number or other
prescribed identifying number, as
necessary in the interest of effective tax
administration.
(i) Effective/applicability date.
Paragraph (a)(2) of this section is
effective for returns and claims for
refund filed after the date that final
regulations are published in the Federal
Register. Paragraphs (d) through (h) of
this section are effective after the date
that final regulations are published in
the Federal Register.
Steven T. Miller,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2010–6867 Filed 3–24–10; 11:15 am]
BILLING CODE 4830–01–P
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14545
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2009–0958; FRL–9131–3]
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
(SJVUAPCD) portion of the California
State Implementation Plan (SIP). These
revisions concern volatile organic
compound (VOC) emissions from
refinery vacuum producing systems and
process unit turnaround. 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
April 26, 2010.
ADDRESSES: Submit comments,
identified by docket number [EPA–R09–
OAR–2009–0958], 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.
E:\FR\FM\26MRP1.SGM
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14546
Federal Register / Vol. 75, No. 58 / Friday, March 26, 2010 / Proposed Rules
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.
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
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
Table of Contents
I. The State’s Submittal
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. What rules did the State submit?
FOR FURTHER INFORMATION CONTACT:
Joanne Wells, EPA Region IX, (415)
947–4118, wells.joanne@epa.gov.
SUPPLEMENTARY INFORMATION:
Table 1 lists the rules addressed by
this proposal with the dates that they
were amended by the local air agency
and submitted by the California Air
Resources Board (CARB).
TABLE 1—SUBMITTED RULES
District
Rule No.
SJVUAPCD .......
SJVUAPCD .......
Rule title
4453
4454
Refinery Vacuum Producing Devices or Systems .......................................
Refinery Process Unit Turnaround ...............................................................
emcdonald on DSK2BSOYB1PROD with PROPOSALS
On September 17, 2007, EPA
determined that the submittal for San
Joaquin Valley Unified Air Pollution
Control District Rules 4453 and 4454
met the completeness criteria in 40 CFR
part 51 Appendix V, which must be met
before formal EPA review.
B. Are there other versions of these
rules?
SIP versions of submitted SJVUAPCD
rules are old rules from three of the
eight counties that now comprise
SJVUAPCD: These SIP-approved rules
are described below:
Precursor SIP rules for submitted
SJVUAPCD Rule 4453:
• Kern County Rule 414.2, Refinery
Process Vacuum Producing Devices or
Systems (approved on August 21, 1981,
46 FR 42459).
• Kings County Rule 414.2, Refinery
Vacuum Producing Devices or Systems
(approved on May 7, 1982, 47 FR
19696).
• San Joaquin County Rule 413.2,
Refinery Vacuum Producing Devices
(approved on May 7, 1982, 47 FR
19696).
Precursor SIP rules for submitted
SJVUAPCD Rule 4454:
• Kern County Rule 414.3, Refinery
Process Unit Turnaround (approved on
August 21, 1981, 46 FR 42459).
• Kings County Rule 414.3, Refinery
Process Unit Turnaround (approved on
May 7, 1982, 47 FR 19696).
• San Joaquin County Rule 413.3,
Refinery Process Unit Turnaround
(approved on May 7, 1982, 47 FR
19696).
C. What is the purpose of the submitted
rules and rule revisions?
VOCs help produce ground-level
ozone and smog, which harm human
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health and the environment. Section
110(a) of the CAA requires states to
submit regulations that control VOC
emissions. These rules were developed
as part of the local agency’s program to
control VOCs.
The purposes of amendments to Rules
4453 and 4454 are as follows:
• 4453: The rule requires reducing
VOC emissions from refinery vacuum
producing devices by covering hot wells
and collecting vapors for recycle to
refinery gas or incineration. The format
is improved, the rule is renumbered, the
rule purpose and applicability are
added, and a 90% VOC control
efficiency requirement is added.
• 4454: The rule requires reducing
VOC emissions from a refinery process
unit turnaround by collecting vapors for
recycle to refinery gas, incineration, or
flaring. The format is improved, the rule
is renumbered, and the rule purpose
and applicability are added.
EPA’s technical support document
(TSD) has more information about these
rules.
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rules?
Generally, SIP rules must be
enforceable (see section 110(a) of the
Act), must require Reasonably Available
Control Technology (RACT) for each
category of sources covered by a Control
Techniques Guidelines (CTG) document
as well as each major source in
nonattainment areas (see sections
182(a)(2) and (b)(2)), and must not relax
existing requirements (see sections
110(l) and 193). The SJVUAPCD
regulates an ozone nonattainment area
(see 40 CFR part 81), so these rules must
fulfill RACT.
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12/17/92
12/17/92
Submitted
08/24/07
08/24/07
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. Requirements for Preparation,
Adoption, and Submittal of
Implementation Plans, U.S. EPA, 40
CFR part 51.
3. Addendum to the General Preamble
for the Implementation of Title I of the
Clean Air Act Amendments of 1990, 59
FR 41998 (August 16, 1994).
4. Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and Deviations,
EPA (May 25, 1988). [The Bluebook]
5. Guidance Document for Correcting
Common VOC & Other Rule
Deficiencies, EPA Region 9 (August 21,
2001). [The Little Bluebook]
6. Control of Refinery Vacuum
Producing Systems, Wastewater
Separators, and Process Unit
Turnarounds, EPA–450/2–77–025
(October 1977).
7. 2007 Ozone Plan, San Joaquin
Valley Unified Air Pollution Control
District (April 30, 2007).https://
www.arb.ca.gov/planning/sip/2007sip/
sjv8hr/sjvozone.htm.
8. RACT Demonstration for Ozone
SIP, San Joaquin Valley Unified Air
Pollution Control District (April 16,
2009).
B. Do the rules meet the evaluation
criteria?
We believe these rules are consistent
with the relevant policy and guidance
regarding enforceability, RACT, and SIP
relaxations. The TSD has more
information on our evaluation.
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Federal Register / Vol. 75, No. 58 / Friday, March 26, 2010 / Proposed Rules
C. EPA Recommendations To Further
Improve the Rules
The TSD describes additional rule
revisions that we recommend for the
next time the local agency modifies the
rules.
D. Public Comment and Final Action
Because EPA believes the submitted
rules fulfill all relevant requirements,
we are proposing to fully approve them
as described in section 110(k)(3) of the
Act. We will accept comments from the
public on this proposal for the next 30
days. Unless we receive convincing new
information during the comment period,
we intend to publish a final approval
action that will incorporate these rules
into the federally enforceable SIP.
emcdonald on DSK2BSOYB1PROD with PROPOSALS
III. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
State choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves State law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by State law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 8, 2010.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2010–6804 Filed 3–25–10; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
48 CFR Chapter 14
RIN 1076–AE95
Tribal Consultation on Draft Buy Indian
Act Regulations
AGENCY: Bureau of Indian Affairs,
Interior.
ACTION: Notice of tribal consultation
meetings.
14547
SUMMARY: Indian Affairs will conduct
consultation meetings with Indian tribes
to obtain oral and written comments
concerning draft regulations to
implement the Buy Indian Act. See the
SUPPLEMENTARY INFORMATION section of
this notice for details.
DATES: The tribal consultation meetings
will take place on Monday, April 26,
2010; Wednesday, April 28, 2010; and
Friday, April 30, 2010.
FOR FURTHER INFORMATION CONTACT:
Kathy Daum, Director, Indian Affairs,
Office of Acquisition and Property
Management (OAPM), 2051 Mercator
Drive, Reston, VA 20191; Telephone:
(703) 390–6460; Fax: (703) 390–6582; Email: kathy.daum@bia.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Indian Affairs is developing a rule to
guide implementation of the Buy Indian
Act, 25 U.S.C. 47, which provides
authority to set aside procurement
contracts for qualified Indian-owned
businesses. The rule will supplement
the Federal Acquisition Regulation
(FAR) and the Department of the
Interior Acquisition Regulations (DIAR).
Indian Affairs is developing the rule to
describe uniform administrative
procedures that Indian Affairs will use
in all of its locations to encourage
procurement relationships with eligible
Indian economic enterprises in the
execution of the Buy Indian Act. The
draft rule being developed includes
revisions to address the input received
as a result of earlier publications in the
Federal Register soliciting comment
and consultation hearings in Indian
Country. Indian Affairs reviewed all
comments received to date, addressed
them in succeeding draft versions, and
incorporated them into the current draft
version of the rule, where applicable. A
consultation booklet containing the
current draft version of the rule will be
distributed to federally recognized
Indian tribes and BIA regional and
agency offices and will be available at
the meetings.
II. Meeting Details
Tribal consultation meetings will be
held at the following dates and
locations:
Date
Time
Location
Monday, April 26, 2010 ................
9 a.m.–5 p.m ..........
Wednesday, April 28, 2010 .........
9 a.m.–5 p.m ..........
Friday, April 30, 2010 ..................
9 a.m.–5 p.m .........
Holiday Inn Portland Airport, 8439 NE Columbia Blvd., Portland, OR 97220, (503)
914–5251.
Holiday Inn Rushmore Plaza 505, North Fifth Street, Rapid City, SD 57701, (605)
348–8000.
Tulsa Marriott Southern Hills, 1902 East 71st, Tulsa, OK 74136, (918) 493–7000.
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]]>Agencies
[Federal Register Volume 75, Number 58 (Friday, March 26, 2010)]
[Proposed Rules]
[Pages 14545-14547]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6804]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2009-0958; FRL-9131-3]
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 (SJVUAPCD) portion of the
California State Implementation Plan (SIP). These revisions concern
volatile organic compound (VOC) emissions from refinery vacuum
producing systems and process unit turnaround. 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 April 26, 2010.
ADDRESSES: Submit comments, identified by docket number [EPA-R09-OAR-
2009-0958], 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.
[[Page 14546]]
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: Joanne Wells, EPA Region IX, (415)
947-4118, wells.joanne@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. 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 amended by the local air agency and submitted by the
California Air Resources Board (CARB).
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
District Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD.......................... 4453 Refinery Vacuum Producing 12/17/92 08/24/07
Devices or Systems.
SJVUAPCD.......................... 4454 Refinery Process Unit 12/17/92 08/24/07
Turnaround.
----------------------------------------------------------------------------------------------------------------
On September 17, 2007, EPA determined that the submittal for San
Joaquin Valley Unified Air Pollution Control District Rules 4453 and
4454 met the completeness criteria in 40 CFR part 51 Appendix V, which
must be met before formal EPA review.
B. Are there other versions of these rules?
SIP versions of submitted SJVUAPCD rules are old rules from three
of the eight counties that now comprise SJVUAPCD: These SIP-approved
rules are described below:
Precursor SIP rules for submitted SJVUAPCD Rule 4453:
Kern County Rule 414.2, Refinery Process Vacuum Producing
Devices or Systems (approved on August 21, 1981, 46 FR 42459).
Kings County Rule 414.2, Refinery Vacuum Producing Devices
or Systems (approved on May 7, 1982, 47 FR 19696).
San Joaquin County Rule 413.2, Refinery Vacuum Producing
Devices (approved on May 7, 1982, 47 FR 19696).
Precursor SIP rules for submitted SJVUAPCD Rule 4454:
Kern County Rule 414.3, Refinery Process Unit Turnaround
(approved on August 21, 1981, 46 FR 42459).
Kings County Rule 414.3, Refinery Process Unit Turnaround
(approved on May 7, 1982, 47 FR 19696).
San Joaquin County Rule 413.3, Refinery Process Unit
Turnaround (approved on May 7, 1982, 47 FR 19696).
C. What is the purpose of the submitted rules and rule revisions?
VOCs help produce ground-level ozone and smog, which harm human
health and the environment. Section 110(a) of the CAA requires states
to submit regulations that control VOC emissions. These rules were
developed as part of the local agency's program to control VOCs.
The purposes of amendments to Rules 4453 and 4454 are as follows:
4453: The rule requires reducing VOC emissions from
refinery vacuum producing devices by covering hot wells and collecting
vapors for recycle to refinery gas or incineration. The format is
improved, the rule is renumbered, the rule purpose and applicability
are added, and a 90% VOC control efficiency requirement is added.
4454: The rule requires reducing VOC emissions from a
refinery process unit turnaround by collecting vapors for recycle to
refinery gas, incineration, or flaring. The format is improved, the
rule is renumbered, and the rule purpose and applicability are added.
EPA's technical support document (TSD) has more information about
these rules.
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
Generally, SIP rules must be enforceable (see section 110(a) of the
Act), must require Reasonably Available Control Technology (RACT) for
each category of sources covered by a Control Techniques Guidelines
(CTG) document as well as each major source in nonattainment areas (see
sections 182(a)(2) and (b)(2)), and must not relax existing
requirements (see sections 110(l) and 193). The SJVUAPCD regulates an
ozone nonattainment area (see 40 CFR part 81), so these rules 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. Requirements for Preparation, Adoption, and Submittal of
Implementation Plans, U.S. EPA, 40 CFR part 51.
3. Addendum to the General Preamble for the Implementation of Title
I of the Clean Air Act Amendments of 1990, 59 FR 41998 (August 16,
1994).
4. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations, EPA (May 25, 1988). [The Bluebook]
5. Guidance Document for Correcting Common VOC & Other Rule
Deficiencies, EPA Region 9 (August 21, 2001). [The Little Bluebook]
6. Control of Refinery Vacuum Producing Systems, Wastewater
Separators, and Process Unit Turnarounds, EPA-450/2-77-025 (October
1977).
7. 2007 Ozone Plan, San Joaquin Valley Unified Air Pollution
Control District (April 30, 2007).https://www.arb.ca.gov/planning/sip/2007sip/sjv8hr/sjvozone.htm.
8. RACT Demonstration for Ozone SIP, San Joaquin Valley Unified Air
Pollution Control District (April 16, 2009).
B. Do the rules meet the evaluation criteria?
We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, RACT, and SIP relaxations. The TSD
has more information on our evaluation.
[[Page 14547]]
C. EPA Recommendations To Further Improve the Rules
The TSD describes additional rule revisions that we recommend for
the next time the local agency modifies the rules.
D. Public Comment and Final Action
Because EPA believes the submitted rules fulfill all relevant
requirements, we are proposing to fully approve them as described in
section 110(k)(3) of the Act. We will accept comments from the public
on this proposal for the next 30 days. Unless we receive convincing new
information during the comment period, we intend to publish a final
approval action that will incorporate these rules into the federally
enforceable SIP.
III. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 8, 2010.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2010-6804 Filed 3-25-10; 8:45 am]
BILLING CODE 6560-50-P
