Revisions to the California State Implementation Plan, Sacramento Metropolitan Air Quality Management District, 18068-18070 [2010-8003]
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18068
Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Rules and Regulations
Submit comments,
identified by docket number [EPA–R09–
OAR–2010–0045], 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. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: The index to the docket for
this action is available electronically at
https://www.regulations.gov and in hard
ADDRESSES:
[FR Doc. 2010–8005 Filed 4–8–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2010–0045; FRL–9124–5]
Revisions to the California State
Implementation Plan, Sacramento
Metropolitan Air Quality Management
District
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking direct final
action to approve revisions to the
Sacramento Metropolitan Air Quality
Management District (SMAQMD)
portion of the California State
Implementation Plan (SIP). These
revisions concern volatile organic
compound (VOC) emissions from
operations associated with graphic arts
coating, can coating, degreasing, and
wood products coating. We are
approving local rules that regulate these
emission sources under the Clean Air
Act as amended in 1990 (CAA or the
Act).
DATES: This rule is effective on June 8,
2010 without further notice, unless EPA
receives adverse comments by May 10,
2010. If we receive such comments, we
will publish a timely withdrawal in the
Federal Register to notify the public
that this direct final rule will not take
effect.
copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While
all documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Nicole Law, EPA Region IX, (415) 947–
4126, law.nicole@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. The State’s Submittal
A. What Rules Did the State Submit?
B. Are There Other Versions of These
Rules?
C. What Is the Purpose of the Submitted
Rules or 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 we are
approving with the dates that they were
adopted by the local air agency and
submitted by the California Air
Resources Board.
TABLE 1—SUBMITTED RULES
Local agency
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SMAQMD
SMAQMD
SMAQMD
SMAQMD
...............
...............
...............
...............
Rule #
Rule title
450
452
454
463
Graphic Arts ............................................................................................................
Can Coating ............................................................................................................
Degreasing Operations ...........................................................................................
Wood Products Coatings ........................................................................................
On July 20, 2009 and on January 21,
2010, EPA determined that the
submittal for SMAQMD Rule 450 and
SMAQMD Rules 452, 454, and 463, met
the completeness criteria in 40 CFR Part
51 Appendix V, which must be met
before formal EPA review.
B. Are There Other Versions of These
Rules?
There are no previous versions of
Rule 463 in the SIP, although SMAQMD
adopted earlier versions of this rule on
September 5, 1996 and December 5,
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17:01 Apr 08, 2010
Adopted
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1996, and CARB submitted them to us
on May 18, 1998. We approved earlier
versions of Rule 450 into the SIP on
November 13, 1998 (63 FR 63410), Rule
452 into the SIP on November 9, 1998
(63 FR 60214), and Rule 454 into the SIP
on April 2, 1999 (64 FR 15922). The
SMAQMD adopted revisions to the SIPapproved versions of Rule 450 and Rule
454 on October 23, 2008 and September
25, 2008 and CARB submitted them to
us on April 29, 2009 and September 15,
2009. While we can act on only the most
recently submitted version, we have
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10/23/08
09/25/08
09/25/08
09/25/08
Submitted
04/29/09
09/15/09
09/15/09
09/15/09
reviewed materials provided with
previous submittals.
C. What Is the Purpose of the Submitted
Rules or 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 revised Rules 450, 452,
and 463 strengthen VOC limits on
graphic arts materials, can coatings, and
wood coatings. Rule 454 limits VOC
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Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Rules and Regulations
emissions from the operations
associated with degreasing operations.
EPA’s technical support documents
(TSDs) have more information about
these rules.
C. EPA Recommendations to Further
Improve the Rules
A. How Is EPA Evaluating the Rules?
D. Public Comment and Final Action
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 SMAQMD
regulates an ozone nonattainment area
(see 40 CFR part 81), so Rules 450, 452,
454, and 463 must fulfill RACT.
Guidance and policy documents that
we use to evaluate enforceability and
RACT 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).
3. ‘‘Control Technique Guidelines for
Control of VOCs from Existing
Stationary Sources—Volume II: Surface
Coating of Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty Trucks,’’
EPA–450/2–77–008, May 1977.
4. ‘‘Control Techniques Guidelines for
Offset Lithographic Printing and
Letterpress Printing,’’ EPA–453/R–06–
002, September 2006.
5. ‘‘Control Techniques Guidelines for
Paper, Film, and Foil Coatings,’’ EPA–
453/R–07–003, September 2007.
6. ‘‘Control Techniques Guidelines:
Industrial Cleaning Solvents’’ EPA 453/
R06–001, September 2006.
7. ‘‘Control of Volatile Organic
Emissions from Solvent Metal
Cleaning,’’ EPA–450/2–77–022,
November 1977.
8. ‘‘Control of Volatile Organic
Compound Emissions from Wood
Furniture Manufacturing Operations,’’
EPA–453/R–96–007, April 1996.
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II. EPA’s Evaluation and Action
The TSDs describe additional rule
revisions that we recommend for the
next time the local agency modifies the
rules.
As authorized in section 110(k)(3) of
the Act, EPA is fully approving the
submitted rules because we believe they
fulfill all relevant requirements. We do
not think anyone will object to this
approval, so we are finalizing it without
proposing it in advance. However, in
the Proposed Rules section of this
Federal Register, we are simultaneously
proposing approval of the same
submitted rules. If we receive adverse
comments by May 10, 2010, we will
publish a timely withdrawal in the
Federal Register to notify the public
that the direct final approval will not
take effect and we will address the
comments in a subsequent final action
based on the proposal. If we do not
receive timely adverse comments, the
direct final approval will be effective
without further notice on June 8, 2010.
This will incorporate the rules into the
Federally enforceable SIP.
Please note that if EPA receives
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
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 TSDs have more
information on our evaluation.
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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
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18069
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.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by June 8, 2010.
Filing a petition for reconsideration by
the Administrator of this final rule does
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Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Rules and Regulations
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the Proposed Rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: February 5, 2010.
Jared Blumenfeld,
Regional Administrator, Region IX.
Editorial Note: This document was
received in the Office of the Federal Register
on April 5, 2010.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
■
PART 52—[AMENDED]
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. In Section 52.220, is amended by
adding and reserving paragraphs
(c)(372) through (c)(376) and by adding
paragraphs (c)(362)(i)(C) and (c)(377) to
read as follows:
■
§ 52.220
Identification of plan.
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*
*
*
*
*
(c) * * *
(362) * * *
(i) * * *
(C) Sacramento Metropolitan Air
Quality Management District.
(1) Rule 450, ‘‘Graphic Arts
Operations,’’ adopted October 23, 2008.
*
*
*
*
*
(c) * * *
(377) New and amended regulations
were submitted on September 15, 2009.
(i) Incorporation by Reference.
(A) Sacramento Metropolitan Air
Quality Management District.
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(1) Rule 452, ‘‘Can Coating,’’ Rule 454,
‘‘Degreasing Operations,’’ Rule 463,
‘‘Wood Products Coatings,’’ adopted
September 25, 2008.
*
*
*
*
*
[FR Doc. 2010–8003 Filed 4–8–10; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 65
[Docket ID FEMA–2010–0003; Internal
Agency Docket No. FEMA–B–1081]
Changes in Flood Elevation
Determinations
AGENCY: Federal Emergency
Management Agency, DHS.
ACTION: Interim rule.
SUMMARY: This interim rule lists
communities where modification of the
Base (1% annual-chance) Flood
Elevations (BFEs) is appropriate because
of new scientific or technical data. New
flood insurance premium rates will be
calculated from the modified BFEs for
new buildings and their contents.
DATES: These modified BFEs are
currently in effect on the dates listed in
the table below and revise the Flood
Insurance Rate Maps (FIRMs) in effect
prior to this determination for the listed
communities.
From the date of the second
publication of these changes in a
newspaper of local circulation, any
person has ninety (90) days in which to
request through the community that the
Deputy Federal Insurance and
Mitigation Administrator reconsider the
changes. The modified BFEs may be
changed during the 90-day period.
ADDRESSES: The modified BFEs for each
community are available for inspection
at the office of the Chief Executive
Officer of each community. The
respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT:
Kevin C. Long, Acting Chief,
Engineering Management Branch,
Mitigation Directorate, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,
(202) 646–2820, or (e-mail)
kevin.long@dhs.gov.
SUPPLEMENTARY INFORMATION: The
modified BFEs are not listed for each
community in this interim rule.
However, the address of the Chief
Executive Officer of the community
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where the modified BFE determinations
are available for inspection is provided.
Any request for reconsideration must
be based on knowledge of changed
conditions or new scientific or technical
data.
The modifications are made pursuant
to section 201 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4105,
and are in accordance with the National
Flood Insurance Act of 1968, 42 U.S.C.
4001 et seq., and with 44 CFR part 65.
For rating purposes, the currently
effective community number is shown
and must be used for all new policies
and renewals.
The modified BFEs are the basis for
the floodplain management measures
that the community is required either to
adopt or to show evidence of being
already in effect in order to qualify or
to remain qualified for participation in
the National Flood Insurance Program
(NFIP).
These modified BFEs, together with
the floodplain management criteria
required by 44 CFR 60.3, are the
minimum that are required. They
should not be construed to mean that
the community must change any
existing ordinances that are more
stringent in their floodplain
management requirements. The
community may at any time enact
stricter requirements of its own or
pursuant to policies established by other
Federal, State, or regional entities. The
changes in BFEs are in accordance with
44 CFR 65.4.
National Environmental Policy Act.
This interim rule is categorically
excluded from the requirements of 44
CFR part 10, Environmental
Consideration. An environmental
impact assessment has not been
prepared.
Regulatory Flexibility Act. As flood
elevation determinations are not within
the scope of the Regulatory Flexibility
Act, 5 U.S.C. 601–612, a regulatory
flexibility analysis is not required.
Regulatory Classification. This
interim rule is not a significant
regulatory action under the criteria of
section 3(f) of Executive Order 12866 of
September 30, 1993, Regulatory
Planning and Review, 58 FR 51735.
Executive Order 13132, Federalism.
This interim rule involves no policies
that have federalism implications under
Executive Order 13132, Federalism.
Executive Order 12988, Civil Justice
Reform. This interim rule meets the
applicable standards of Executive Order
12988.
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]]>Agencies
[Federal Register Volume 75, Number 68 (Friday, April 9, 2010)]
[Rules and Regulations]
[Pages 18068-18070]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8003]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2010-0045; FRL-9124-5]
Revisions to the California State Implementation Plan, Sacramento
Metropolitan Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve revisions to the
Sacramento Metropolitan Air Quality Management District (SMAQMD)
portion of the California State Implementation Plan (SIP). These
revisions concern volatile organic compound (VOC) emissions from
operations associated with graphic arts coating, can coating,
degreasing, and wood products coating. We are approving local rules
that regulate these emission sources under the Clean Air Act as amended
in 1990 (CAA or the Act).
DATES: This rule is effective on June 8, 2010 without further notice,
unless EPA receives adverse comments by May 10, 2010. If we receive
such comments, we will publish a timely withdrawal in the Federal
Register to notify the public that this direct final rule will not take
effect.
ADDRESSES: Submit comments, identified by docket number [EPA-R09-OAR-
2010-0045], 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. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
Docket: The index to the docket for this action is available
electronically at https://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, (415) 947-
4126, law.nicole@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.
Table of Contents
I. The State's Submittal
A. What Rules Did the State Submit?
B. Are There Other Versions of These Rules?
C. What Is the Purpose of the Submitted Rules or 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 we are approving with the dates that they
were adopted by the local air agency and submitted by the California
Air Resources Board.
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Rule
Local agency Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
SMAQMD................................... 450 Graphic Arts.................... 10/23/08 04/29/09
SMAQMD................................... 452 Can Coating..................... 09/25/08 09/15/09
SMAQMD................................... 454 Degreasing Operations........... 09/25/08 09/15/09
SMAQMD................................... 463 Wood Products Coatings.......... 09/25/08 09/15/09
----------------------------------------------------------------------------------------------------------------
On July 20, 2009 and on January 21, 2010, EPA determined that the
submittal for SMAQMD Rule 450 and SMAQMD Rules 452, 454, and 463, met
the completeness criteria in 40 CFR Part 51 Appendix V, which must be
met before formal EPA review.
B. Are There Other Versions of These Rules?
There are no previous versions of Rule 463 in the SIP, although
SMAQMD adopted earlier versions of this rule on September 5, 1996 and
December 5, 1996, and CARB submitted them to us on May 18, 1998. We
approved earlier versions of Rule 450 into the SIP on November 13, 1998
(63 FR 63410), Rule 452 into the SIP on November 9, 1998 (63 FR 60214),
and Rule 454 into the SIP on April 2, 1999 (64 FR 15922). The SMAQMD
adopted revisions to the SIP-approved versions of Rule 450 and Rule 454
on October 23, 2008 and September 25, 2008 and CARB submitted them to
us on April 29, 2009 and September 15, 2009. While we can act on only
the most recently submitted version, we have reviewed materials
provided with previous submittals.
C. What Is the Purpose of the Submitted Rules or 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 revised Rules
450, 452, and 463 strengthen VOC limits on graphic arts materials, can
coatings, and wood coatings. Rule 454 limits VOC
[[Page 18069]]
emissions from the operations associated with degreasing operations.
EPA's technical support documents (TSDs) have more information about
these rules.
II. EPA's Evaluation and Action
A. How Is EPA Evaluating the Rules?
Generally, SIP rules must be enforceable (see section 110(a) of the
Act), must require Reasonably Available Control Technology (RACT) for
each category of sources covered by a Control Techniques Guidelines
(CTG) document as well as each major source in nonattainment areas (see
sections 182(a)(2) and (b)(2)), and must not relax existing
requirements (see sections 110(l) and 193). The SMAQMD regulates an
ozone nonattainment area (see 40 CFR part 81), so Rules 450, 452, 454,
and 463 must fulfill RACT.
Guidance and policy documents that we use to evaluate
enforceability and RACT 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).
3. ``Control Technique Guidelines for Control of VOCs from Existing
Stationary Sources--Volume II: Surface Coating of Cans, Coils, Paper,
Fabrics, Automobiles, and Light-Duty Trucks,'' EPA-450/2-77-008, May
1977.
4. ``Control Techniques Guidelines for Offset Lithographic Printing
and Letterpress Printing,'' EPA-453/R-06-002, September 2006.
5. ``Control Techniques Guidelines for Paper, Film, and Foil
Coatings,'' EPA-453/R-07-003, September 2007.
6. ``Control Techniques Guidelines: Industrial Cleaning Solvents''
EPA 453/R06-001, September 2006.
7. ``Control of Volatile Organic Emissions from Solvent Metal
Cleaning,'' EPA-450/2-77-022, November 1977.
8. ``Control of Volatile Organic Compound Emissions from Wood
Furniture Manufacturing Operations,'' EPA-453/R-96-007, April 1996.
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 TSDs
have more information on our evaluation.
C. EPA Recommendations to Further Improve the Rules
The TSDs describe additional rule revisions that we recommend for
the next time the local agency modifies the rules.
D. Public Comment and Final Action
As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by May 10, 2010, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on June 8, 2010. This will incorporate the rules
into the Federally enforceable SIP.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
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.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 8, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does
[[Page 18070]]
not affect the finality of this action for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the Proposed Rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: February 5, 2010.
Jared Blumenfeld,
Regional Administrator, Region IX.
Editorial Note: This document was received in the Office of the
Federal Register on April 5, 2010.
0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. In Section 52.220, is amended by adding and reserving paragraphs
(c)(372) through (c)(376) and by adding paragraphs (c)(362)(i)(C) and
(c)(377) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(362) * * *
(i) * * *
(C) Sacramento Metropolitan Air Quality Management District.
(1) Rule 450, ``Graphic Arts Operations,'' adopted October 23,
2008.
* * * * *
(c) * * *
(377) New and amended regulations were submitted on September 15,
2009.
(i) Incorporation by Reference.
(A) Sacramento Metropolitan Air Quality Management District.
(1) Rule 452, ``Can Coating,'' Rule 454, ``Degreasing Operations,''
Rule 463, ``Wood Products Coatings,'' adopted September 25, 2008.
* * * * *
[FR Doc. 2010-8003 Filed 4-8-10; 8:45 am]
BILLING CODE 6560-50-P
