Revisions to the California State Implementation Plan, Placer County Air Pollution Control District, Sacramento Metropolitan Air Quality Management District, San Joaquin Valley Unified Air Pollution Control District, and South Coast Air Quality Management District, 24406-24408 [2010-10402]
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24406
Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations
the Indiana Register on April 22, 2009
(DIN: 20090422–IR–326060603FRA).
[FR Doc. 2010–10405 Filed 5–4–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2010–0218; FRL–9135–3]
Revisions to the California State
Implementation Plan, Placer County
Air Pollution Control District,
Sacramento Metropolitan Air Quality
Management District, San Joaquin
Valley Unified Air Pollution Control
District, and South Coast Air Quality
Management District
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
EPA is taking direct final
action to approve revisions to the Placer
County Air Pollution Control District
(PCAPCD), Sacramento Metropolitan
Air Quality Management District
(SMAQMD), San Joaquin Valley Unified
Air Pollution Control District
(SJVUAPCD), and South Coast Air
Quality Management District
(SCAQMD) portions of the California
State Implementation Plan (SIP). These
revisions concern volatile organic
compound (VOC) emissions from
petroleum facilities, chemical plants,
and facilities which use organic
solvents. 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 July 6,
2010 without further notice, unless EPA
SUMMARY:
receives adverse comments by June 4,
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–2010–0218], 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
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 agencies and
submitted by the California Air
Resources Board.
TABLE 1—SUBMITTED RULES
Local agency
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PCAPCD ..................................
SMAQMD .................................
SJVUAPCD ..............................
SCAQMD .................................
Rule No.
216
466
4661
1173
On January 21, 2010, EPA determined
that the submittal for SMAQMD Rule
466 met the completeness criteria in 40
CFR Part 51 Appendix V, which must be
met before formal EPA review. On April
17, 2008, EPA determined that the
submittal for SJVUAPCD Rule 4661 met
the completeness criteria. On February
4, 2010, EPA determined that the
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Adopted/
amended
Rule title
Organic Solvent Cleaning and Degreasing Operations ............
Solvent Cleaning .......................................................................
Organic Solvents .......................................................................
Control of Volatile Organic Compound Leaks and Releases
from Components at Petroleum Facilities and Chemical
Plants.
submittal for SCAQMD Rule 1173 met
the completeness criteria. The July 18,
2008 submittal for PCAPCD Rule 216
became complete by operation of law on
January 18, 2009.
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05/23/02
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07/18/08
09/15/09
03/07/08
01/10/10
B. Are there other versions of these
rules?
There are no previous versions of
SMAQMD Rule 466 in the SIP. We
approved earlier versions of PCAPCD
Rule 216, SJVUAPCD Rule 4661, and
SCAQMD Rule 1173 into the SIP on
April 30, 1996 (61 FR 18962), July 27,
2002 (67 FR 47701), and August 25,
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Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations
1994 (59 FR 43751). SCAQMD adopted
earlier versions of Rule 1173 on
December 6, 2002 and June 1, 2007, and
CARB submitted them to us on
December 29, 2006 and April 6, 2009.
The PCAPCD, SJVUAPCD, and
SCAQMD adopted revisions to the SIPapproved versions on December 11,
2003, September 20, 2007, and February
6, 2009 and CARB submitted them to us
on July 18, 2008, March 7, 2008, and
January 10, 2010. 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 submitted rules control
VOC emissions from petroleum
facilities, chemical plants, and solvent
usage. EPA’s technical support
documents (TSDs) have more
information about these rules.
erowe on DSK5CLS3C1PROD with 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 PCAPCD,
SMAQMD, SJVUAPCD, and SCAQMD
regulate ozone nonattainment areas (see
40 CFR part 81), so Rule 466, Rule 4661,
and Rule 1173 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 of Volatile Organic
Emissions from Solvent Metal
Cleaning,’’ EPA–450/2–77–022,
November 1977.
4. ‘‘Control Techniques Guidelines for
Industrial Cleaning Solvents,’’ EPA–453/
R–06–001, September 2006.
5. ‘‘Organic Solvent Cleaning and
Degreasing Operations,’’ CARB, July 18,
1991.
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14:33 May 04, 2010
Jkt 220001
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 June 4, 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 July 6, 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
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24407
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.
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Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations
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 July 6, 2010.
Filing a petition for reconsideration by
the Administrator of this final rule does
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.
(359)(i)(C)(2) and (377)(i)(A)(2) and
(378) to read as follows:
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(354) * * *
(i) * * *
(E) * * *
(13) Rule 4661, ‘‘Organic Solvents,’’
amended on September 20, 2007.
*
*
*
*
*
(359) * * *
(i) * * *
(C) * * *
(2) Rule 216, ‘‘Organic Solvent
Cleaning and Degreasing Operations,’’
amended on December 11, 2003.
*
*
*
*
*
(377) * * *
(i) * * *
(A) * * *
(2) Rule 466, ‘‘Solvent Cleaning,’’
adopted on May 23, 2002.
(378) New and amended regulations
were submitted on January 10, 2010 by
the Governor’s designee.
(i) Incorporation by Reference.
(A) South Coast Air Quality
Management District.
(1) Rule 1173, ‘‘Control of Volatile
Organic Compound Leaks and Releases
from Components at Petroleum
Facilities and Chemical Plants,’’
amended on February 6, 2009.
*
*
*
*
*
[FR Doc. 2010–10402 Filed 5–4–10; 8:45 am]
BILLING CODE 6560–50–P
Dated: March 18, 2010.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
■
ENVIRONMENTAL PROTECTION
AGENCY
SUMMARY: EPA is finalizing approval of
revisions to the San Joaquin Valley
Unified Air Pollution Control District
(SJVAPCD) portion of the California
State Implementation Plan (SIP). These
revisions were proposed in the Federal
Register on January 22, 2010 and
concern oxides of nitrogen (NOx)
emissions from residential water
heaters. We are approving a local rule
that regulates this emission source
under the Clean Air Act as amended in
1990 (CAA or the Act).
DATES: Effective Date: This rule is
effective on June 4, 2010.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2009–0960 for
this action. The index to the docket 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
[EPA–R09–OAR–2009–0960; FRL–9137–8]
PART 52—[AMENDED]
40 CFR Part 52
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
Revisions to the California State
Implementation Plan, San Joaquin
Valley Unified Air Pollution Control
District
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(354)(i)(E)(13) and
■
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
I. Proposed Action
On January 22, 2010 (75 FR 3680),
EPA proposed to approve the following
rule into the California SIP.
Rule #
Rule title
Adopted
Submitted
SJVAPCD ................................
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Local agency
4902
Residential Water Heaters ........................................................
3/19/09
4/29/09
We proposed to approve this rule
because we determined that it complied
with the relevant CAA requirements.
Our proposed action contains more
information on the rule and our
evaluation.
VerDate Mar<15>2010
14:33 May 04, 2010
Jkt 220001
II. Public Comments and EPA
Responses
EPA’s proposed action provided a 30day public comment period. During this
period, we received no comments.
submitted rule complies with the
relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the
Act, EPA is fully approving this rule
into the California SIP.
III. EPA Action
No comments were submitted that
change our assessment that the
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Agencies
[Federal Register Volume 75, Number 86 (Wednesday, May 5, 2010)]
[Rules and Regulations]
[Pages 24406-24408]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10402]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2010-0218; FRL-9135-3]
Revisions to the California State Implementation Plan, Placer
County Air Pollution Control District, Sacramento Metropolitan Air
Quality Management District, San Joaquin Valley Unified Air Pollution
Control District, and South Coast 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
Placer County Air Pollution Control District (PCAPCD), Sacramento
Metropolitan Air Quality Management District (SMAQMD), San Joaquin
Valley Unified Air Pollution Control District (SJVUAPCD), and South
Coast Air Quality Management District (SCAQMD) portions of the
California State Implementation Plan (SIP). These revisions concern
volatile organic compound (VOC) emissions from petroleum facilities,
chemical plants, and facilities which use organic solvents. 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 July 6, 2010 without further notice,
unless EPA receives adverse comments by June 4, 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-
2010-0218], 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 agencies and submitted by the California
Air Resources Board.
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Adopted/
Local agency Rule No. Rule title amended Submitted
----------------------------------------------------------------------------------------------------------------
PCAPCD................................. 216 Organic Solvent Cleaning 12/11/03 07/18/08
and Degreasing Operations.
SMAQMD................................. 466 Solvent Cleaning.......... 05/23/02 09/15/09
SJVUAPCD............................... 4661 Organic Solvents.......... 09/20/07 03/07/08
SCAQMD................................. 1173 Control of Volatile 02/06/09 01/10/10
Organic Compound Leaks
and Releases from
Components at Petroleum
Facilities and Chemical
Plants.
----------------------------------------------------------------------------------------------------------------
On January 21, 2010, EPA determined that the submittal for SMAQMD
Rule 466 met the completeness criteria in 40 CFR Part 51 Appendix V,
which must be met before formal EPA review. On April 17, 2008, EPA
determined that the submittal for SJVUAPCD Rule 4661 met the
completeness criteria. On February 4, 2010, EPA determined that the
submittal for SCAQMD Rule 1173 met the completeness criteria. The July
18, 2008 submittal for PCAPCD Rule 216 became complete by operation of
law on January 18, 2009.
B. Are there other versions of these rules?
There are no previous versions of SMAQMD Rule 466 in the SIP. We
approved earlier versions of PCAPCD Rule 216, SJVUAPCD Rule 4661, and
SCAQMD Rule 1173 into the SIP on April 30, 1996 (61 FR 18962), July 27,
2002 (67 FR 47701), and August 25,
[[Page 24407]]
1994 (59 FR 43751). SCAQMD adopted earlier versions of Rule 1173 on
December 6, 2002 and June 1, 2007, and CARB submitted them to us on
December 29, 2006 and April 6, 2009. The PCAPCD, SJVUAPCD, and SCAQMD
adopted revisions to the SIP-approved versions on December 11, 2003,
September 20, 2007, and February 6, 2009 and CARB submitted them to us
on July 18, 2008, March 7, 2008, and January 10, 2010. 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 submitted rules
control VOC emissions from petroleum facilities, chemical plants, and
solvent usage. 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 PCAPCD, SMAQMD,
SJVUAPCD, and SCAQMD regulate ozone nonattainment areas (see 40 CFR
part 81), so Rule 466, Rule 4661, and Rule 1173 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 of Volatile Organic Emissions from Solvent Metal
Cleaning,'' EPA-450/2-77-022, November 1977.
4. ``Control Techniques Guidelines for Industrial Cleaning
Solvents,'' EPA-453/R-06-001, September 2006.
5. ``Organic Solvent Cleaning and Degreasing Operations,'' CARB,
July 18, 1991.
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 June 4, 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 July 6, 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.
[[Page 24408]]
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 July 6, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does 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: March 18, 2010.
Jared Blumenfeld,
Regional Administrator, Region IX.
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. Section 52.220 is amended by adding paragraphs (c)(354)(i)(E)(13)
and (359)(i)(C)(2) and (377)(i)(A)(2) and (378) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(354) * * *
(i) * * *
(E) * * *
(13) Rule 4661, ``Organic Solvents,'' amended on September 20,
2007.
* * * * *
(359) * * *
(i) * * *
(C) * * *
(2) Rule 216, ``Organic Solvent Cleaning and Degreasing
Operations,'' amended on December 11, 2003.
* * * * *
(377) * * *
(i) * * *
(A) * * *
(2) Rule 466, ``Solvent Cleaning,'' adopted on May 23, 2002.
(378) New and amended regulations were submitted on January 10,
2010 by the Governor's designee.
(i) Incorporation by Reference.
(A) South Coast Air Quality Management District.
(1) Rule 1173, ``Control of Volatile Organic Compound Leaks and
Releases from Components at Petroleum Facilities and Chemical Plants,''
amended on February 6, 2009.
* * * * *
[FR Doc. 2010-10402 Filed 5-4-10; 8:45 am]
BILLING CODE 6560-50-P