Revisions to the California State Implementation Plan, Placer County Air Pollution Control District and Ventura County Air Pollution Control District, 30025-30027 [2011-12611]
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Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations
(b) The regulation. All persons,
swimmers, vessels and other craft,
except those vessels under the
supervision or contract to local military
or Naval authority, vessels of the United
States Coast Guard, and local or state
law enforcement vessels, are prohibited
from entering the restricted area when
marked by a signed floating buoy line
without permission from the United
States Navy, Supervisor of Shipbuilding
Gulf Coast or his/her authorized
representative.
(c) Enforcement. The regulation in
this section shall be enforced by the
United States Navy, Supervisor of
Shipbuilding Gulf Coast and/or such
agencies or persons as he/she may
designate.
Dated: May 17, 2011.
Michael G. Ensch,
Chief, Operations and Regulatory, Directorate
of Civil Works.
[FR Doc. 2011–12816 Filed 5–23–11; 8:45 am]
BILLING CODE 3720–58–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2011–0355; FRL–9303–9]
Revisions to the California State
Implementation Plan, Placer County
Air Pollution Control District and
Ventura County Air Pollution Control
District
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the Placer
County Air Pollution Control District
(PCAPCD) and Ventura County Air
Pollution Control District (VCAPCD)
portion of the California State
Implementation Plan (SIP). These
revisions concern volatile organic
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
SUMMARY:
VerDate Mar<15>2010
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Jkt 223001
compound (VOC) emissions from
surface coating of metal parts and
products. 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 25,
2011 without further notice, unless EPA
receives adverse comments by June 23,
2011. 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–2011–0355, 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
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30025
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: Generally, documents in the
docket for this action are 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 at
https://www.regulations.gov, some
information may be publicly available
only at the hard copy location (e.g.,
copyrighted material, large maps), 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:
Adrianne Borgia, EPA Region IX, (415)
972–3576, borgia.adrianne@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?
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 (CARB).
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24MYR1
30026
Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations
TABLE 1—SUBMITTED RULES
Local agency
Rule No.
PCAPCD ...........
VCAPCD ...........
Rule title
245
74.12
Surface Coating of Metal Parts and Products .............................................
Surface Coating of Metal Parts and Products .............................................
On February 4, 2010, EPA determined
that both submittals 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
PCAPCD Rule 245 in the SIP.
We approved an earlier version of
VCAPCD Rule 74.12 into the SIP on
10/25/2005(70FR61561).
C. What is the purpose of the submitted
rules?
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. Both PCAPCD Rule 245 and
VCAPCD Rule 74.12 limit emissions of
VOC from the application of coatings,
coating removers (strippers), surface
preparation materials, and cleanup
materials in metal parts and products
coating operations. EPA’s technical
support documents (TSD) have more
information about these rules.
II. EPA’s Evaluation and Action
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
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). PCAPCD and VCAPCD
regulate an ozone nonattainment area
(see 40 CFR part 81), so PCAPCD Rule
245 and VCAPCD Rule 74.12 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).
VerDate Mar<15>2010
15:04 May 23, 2011
Adopted
Jkt 223001
3. ‘‘Control Techniques Guidelines for
Miscellaneous Metal and Plastic Parts
Coating,’’ EPA–453/R–08–003,
September 2008.
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 23, 2011, 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 25, 2011.
This will incorporate these 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
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8/20/09
4/8/08
Submitted
1/10/10
1/10/10
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
disproportionate human health or
environmental effects with practical,
appropriate, 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
E:\FR\FM\24MYR1.SGM
24MYR1
Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations
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 rules, 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).
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, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: April 25, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
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. Section 52.220 is amended by
adding paragraphs (c)(378)(i)(B) and (C)
to read as follows:
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■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(378) * * *
(i) * * *
(B) Placer County Air Pollution
Control District.
VerDate Mar<15>2010
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Jkt 223001
(1) Rule 245, ‘‘Surface Coating of
Metal Parts and Products,’’ amended on
August 20, 2009.
(C) Ventura County Air Pollution
Control District.
(1) Rule 74.12, ‘‘Surface Coating of
Metal Parts and Products,’’ adopted on
April 8, 2008.
*
*
*
*
*
[FR Doc. 2011–12611 Filed 5–23–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 268
[EPA–HQ–RCRA–2010–0851; FRL–9310–2]
Land Disposal Restrictions: SiteSpecific Treatment Variance for
Hazardous Selenium-Bearing Waste
Treated by U.S. Ecology Nevada in
Beatty, NV and Withdrawal of SiteSpecific Treatment Variance for
Hazardous Selenium-Bearing Waste
Treatment Issued to Chemical Waste
Management in Kettleman Hills, CA
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of Direct Final Rule.
AGENCY:
Because EPA received
adverse comment, we are withdrawing
the Direct Final rule that granted a sitespecific treatment variance to U.S.
Ecology Nevada in Beatty, Nevada and
withdrew an existing site-specific
treatment variance issued to Chemical
Waste Management, Inc. in Kettleman
Hills, California. The Direct Final rule
pertains to the treatment of a hazardous
waste generated by the OwensBrockway Glass Container Company in
Vernon, California that is unable to meet
the concentration-based treatment
standard for selenium established under
the Land Disposal Restrictions program.
EPA also issued a parallel proposal to be
used as the basis for the final action in
the event that EPA received any adverse
comments on the Direct Final rule.
DATES: Effective May 24, 2011, EPA
withdraws the Direct Final rule
published at 76 FR 18921 on April 6,
2011.
FOR FURTHER INFORMATION CONTACT: For
more information, contact Jesse Miller,
Materials Recovery and Waste
Management Division, Office of
Resource Conservation and Recovery
(MC 5304 P), U.S. Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460;
telephone (703) 308–1180; fax (703)
308–0522; or miller.jesse@epa.gov.
SUPPLEMENTARY INFORMATION: Because
EPA received adverse comment, we are
SUMMARY:
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30027
withdrawing the Direct Final rule that
amended the Land Disposal Restrictions
treatment standards (40 CFR part
268.44(o)) by granting a site-specific
treatment variance to U.S. Ecology
Nevada in Beatty, Nevada and
withdrawing an existing site-specific
treatment variance issued to Chemical
Waste Management, Inc. in Kettleman
Hills, California, published on April 6,
2011 at 76 FR 18921. We stated in that
Direct Final rule that if we received
adverse comment by May 6, 2011, the
Direct Final rule would not take effect
and we would publish a timely
withdrawal in the Federal Register. We
subsequently received adverse comment
on that Direct Final rule. We will
address those comments in any
subsequent final action, which will be
based on the parallel proposed rule also
published on April 6, 2011 at 76 FR
18921. As stated in the Direct Final rule
and the parallel proposed rule, we will
not institute a second comment period
on this action.
List of Subjects in 40 CFR Part 268
Environmental protection, Hazardous
waste, and Variances.
Dated: May 17, 2011.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste
and Emergency Response.
Accordingly, the amendments to the
rule published on April 6, 2011 (76 FR
18921) are withdrawn as of May 24,
2011.
[FR Doc. 2011–12783 Filed 5–23–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1983–0002; FRL–9310–8]
National Oil and Hazardous Substance
Pollution Contingency Plan; National
Priorities List
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region 8 is publishing a
direct final Notice of Partial Deletion of
the remaining portions of Operable Unit
9 (OU9), the Residential Populated
Areas, of the California Gulch
Superfund Site (Site), located in Lake
County, Colorado, from the National
Priorities List (NPL). The NPL,
promulgated pursuant to section 105 of
the Comprehensive Environmental
Response, Compensation, and Liability
SUMMARY:
E:\FR\FM\24MYR1.SGM
24MYR1
]]>Agencies
[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Rules and Regulations]
[Pages 30025-30027]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12611]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2011-0355; FRL-9303-9]
Revisions to the California State Implementation Plan, Placer
County Air Pollution Control District and Ventura County Air Pollution
Control 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) and Ventura
County Air Pollution Control District (VCAPCD) portion of the
California State Implementation Plan (SIP). These revisions concern
volatile organic compound (VOC) emissions from surface coating of metal
parts and products. 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 25, 2011 without further notice,
unless EPA receives adverse comments by June 23, 2011. 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-
2011-0355, 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: Generally, documents in the docket for this action are
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 at https://www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), 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: Adrianne Borgia, EPA Region IX, (415)
972-3576, borgia.adrianne@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?
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 (CARB).
[[Page 30026]]
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
PCAPCD............................ 245 Surface Coating of Metal 8/20/09 1/10/10
Parts and Products.
VCAPCD............................ 74.12 Surface Coating of Metal 4/8/08 1/10/10
Parts and Products.
----------------------------------------------------------------------------------------------------------------
On February 4, 2010, EPA determined that both submittals 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 PCAPCD Rule 245 in the SIP.
We approved an earlier version of VCAPCD Rule 74.12 into the SIP on
10/25/2005(70FR61561).
C. What is the purpose of the submitted rules?
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. Both PCAPCD Rule 245
and VCAPCD Rule 74.12 limit emissions of VOC from the application of
coatings, coating removers (strippers), surface preparation materials,
and cleanup materials in metal parts and products coating operations.
EPA's technical support documents (TSD) have more information about
these rules.
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
Generally, SIP rules must be enforceable (see section 110(a) of the
Act), must require Reasonably Available Control Technology (RACT) for
each category of sources covered by a Control Techniques Guidelines
(CTG) document as well as each major source in nonattainment areas (see
sections 182(a)(2) and (b)(2)), and must not relax existing
requirements (see sections 110(l) and 193). PCAPCD and VCAPCD regulate
an ozone nonattainment area (see 40 CFR part 81), so PCAPCD Rule 245
and VCAPCD Rule 74.12 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 Techniques Guidelines for Miscellaneous Metal and
Plastic Parts Coating,'' EPA-453/R-08-003, September 2008.
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 23, 2011, 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 25, 2011. This will incorporate these
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 disproportionate human health or environmental effects with
practical, appropriate, 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
[[Page 30027]]
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 rules,
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).
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, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: April 25, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
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)(378)(i)(B) and
(C) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(378) * * *
(i) * * *
(B) Placer County Air Pollution Control District.
(1) Rule 245, ``Surface Coating of Metal Parts and Products,''
amended on August 20, 2009.
(C) Ventura County Air Pollution Control District.
(1) Rule 74.12, ``Surface Coating of Metal Parts and Products,''
adopted on April 8, 2008.
* * * * *
[FR Doc. 2011-12611 Filed 5-23-11; 8:45 am]
BILLING CODE 6560-50-P
