Revisions to the California State Implementation Plan, Imperial County Air Pollution Control District, Kern County Air Pollution Control District, and Ventura County Air Pollution Control District, 39303-39305 [2011-16743]
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Federal Register / Vol. 76, No. 129 / Wednesday, July 6, 2011 / Rules and Regulations
8.1.10 Express Mail With Insufficient
IBI Postage—Postage Evidencing
Systems
For Express Mail items with
insufficient IBI postage generated by
postage evidencing systems, USPS may
follow the process in 4.4.4 through
4.4.9.
8.1.11 Remailing Express Mail With
Insufficient Postage
Express Mail items with insufficient
postage are returned to the sender after
collecting the postage deficiency when
an effort to contact the sender before
dispatch fails and when the addressee
refuses to pay the postage due. If the
item is remailed as Express Mail, the
sender must affix a new Express Mail
label with new postage and any
applicable fees.
*
*
*
*
*
10.0
Revenue Deficiency
10.1
General
*
*
10.1.2
*
*
*
Appeal of Ruling
[Revise the first sentence of 10.1.2 as
follows:]
Except as provided in 4.4.4 through
4.4.9, 10.2, and 703.1.0, a mailer may
appeal a revenue deficiency assessment
by sending a written appeal to the
postmaster or manager in 10.1.2a
through 10.1.2c within 30 days of
receipt of the notification. * * *
*
*
*
*
*
We will publish an appropriate
amendment to 39 CFR Part 111 to reflect
these changes.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 2011–16802 Filed 7–5–11; 8:45 am]
mstockstill on DSK4VPTVN1PROD with RULES
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2011–0198; FRL–9425–4]
Revisions to the California State
Implementation Plan, Imperial County
Air Pollution Control District, Kern
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
Imperial County Air Pollution Control
District (ICAPCD), Kern County Air
Pollution Control District (KCAPCD),
and Ventura County Air Pollution
Control District (VCAPCD) portions of
the California State Implementation
Plan (SIP). These revisions concern
volatile organic compound (VOC)
emissions from architectural coating
operations. 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
September 6, 2011 without further
notice, unless EPA receives adverse
comments by August 5, 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–2011–0198, 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
SUMMARY:
39303
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:
David Grounds, EPA Region IX, (415)
972–3019, grounds.david@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. The State’s Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted
rule revisions?
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation
criteria?
C. EPA Recommendations to Further
Improve the Rules
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What rules did the State submit?
Table 1 lists the rules 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
Rule No.
ICAPCD ...............................................................
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39304
Federal Register / Vol. 76, No. 129 / Wednesday, July 6, 2011 / Rules and Regulations
TABLE 1—SUBMITTED RULES—Continued
Local agency
Rule No.
KCAPCD ..............................................................
VCAPCD ..............................................................
On August 25, 2010, EPA determined
that the submittals for ICAPCD Rule
424, KCAPCD Rule 410.1A, and
VCAPCD Rule 74.2 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?
We approved an earlier version of
ICAPCD Rule 424 into the SIP on 01/04/
07 (72 FR 267). We approved an earlier
version of KCAPCD Rule 410.1 into the
SIP on 02/06/98 (63 FR 6073). We
approved an earlier version of VCAPCD
Rule 74.2 into the SIP on 01/02/04 (69
FR 34).
C. What is the purpose of the submitted
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. ICAPCD Rule 424, KCAPCD
Rule 410.1A, and VCAPCD Rule 74.2 all
impose more stringent requirements on
VOC emissions from architectural
coating operations. EPA’s technical
support documents (TSD) have more
information about these rules.
II. EPA’s Evaluation and Action
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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 section
182(a)(2) and (b)(2)), and must not relax
existing requirements (see sections
110(l) and 193). The ICAPCD (moderate)
and VCAPCD (serious) regulate ozone
nonattainment areas (see 40 CFR part
81), so these areas must implement
RACT. KCAPCD (non-attainment
subpart 1) does not need to 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).
VerDate Mar<15>2010
17:43 Jul 05, 2011
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Rule title
410.1
74.2
Architectural Coatings .........................................
Architectural Coatings .........................................
2. ‘‘Guidance Document for Correcting
Common VOC & Other Rule
Deficiencies,’’ EPA Region 9, August 21,
2001 (the Little Bluebook).
3. National VOC Emission Standards
for Architectural Coatings (40 CFR part
59 Subpart D, 9/11/98).
4. Control of Volatile Organic
Emissions from Existing Stationary
Sources, Volume I: Control Methods for
Surface Coating Operations (EPA–450/
2–76–028, 11/76).
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 evaluations.
C. EPA Recommendations to Further
Improve the Rules
The TSDs describe additional rule
revisions that we recommend for the
next time the local agencies modify 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 August 5, 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 September 6,
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.
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07/20/10
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 interfere with Executive
Order 12898 (59 FR 7629 (Feb. 16,
1994)) because EPA lacks the
discretionary authority to address
environmental justice in this
rulemaking.
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Federal Register / Vol. 76, No. 129 / Wednesday, July 6, 2011 / Rules and Regulations
In addition, these rules do 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 September 6,
2011. 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)).
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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.
VerDate Mar<15>2010
17:43 Jul 05, 2011
Jkt 223001
Dated: May 19, 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 (381)(i)(A)(2), (B)(2),
and (C)(2) to read as follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(381) * * *
(i) * * *
(A) * * *
(2) Rule 424, ‘‘Architectural
Coatings,’’ amended on February 23,
2010.
(B) * * *
(2) Rule 410.1A, ‘‘Architectural
Coatings,’’ adopted on March 11, 2010.
Effective as of 1/1/2011.
(C) * * *
(2) Rule 74.2, ‘‘Architectural
Coatings,’’ amended on January 12,
2010.
*
*
*
*
*
[FR Doc. 2011–16743 Filed 7–5–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
[Docket ID FEMA–2011–0002]
Final Flood Elevation Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
Base (1% annual-chance)
Flood Elevations (BFEs) and modified
BFEs are made final for the
communities listed below. The BFEs
and modified BFEs are the basis for the
floodplain management measures that
each community is required either to
adopt or to show evidence of being
already in effect in order to qualify or
remain qualified for participation in the
National Flood Insurance Program
(NFIP).
SUMMARY:
The date of issuance of the Flood
Insurance Rate Map (FIRM) showing
DATES:
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39305
BFEs and modified BFEs for each
community. This date may be obtained
by contacting the office where the maps
are available for inspection as indicated
in the table below.
ADDRESSES: The final 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: Luis
Rodriguez, Chief, Engineering
Management Branch, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,
(202) 646–4064, or (e-mail)
luis.rodriguez1@dhs.gov.
SUPPLEMENTARY INFORMATION: The
Federal Emergency Management Agency
(FEMA) makes the final determinations
listed below for the modified BFEs for
each community listed. These modified
elevations have been published in
newspapers of local circulation and
ninety (90) days have elapsed since that
publication. The Deputy Federal
Insurance and Mitigation Administrator
has resolved any appeals resulting from
this notification.
This final rule is issued in accordance
with section 110 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4104,
and 44 CFR part 67. FEMA has
developed criteria for floodplain
management in floodprone areas in
accordance with 44 CFR part 60.
Interested lessees and owners of real
property are encouraged to review the
proof Flood Insurance Study and FIRM
available at the address cited below for
each community. The BFEs and
modified BFEs are made final in the
communities listed below. Elevations at
selected locations in each community
are shown.
National Environmental Policy Act.
This final 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 final
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 final rule involves no policies that
have federalism implications under
Executive Order 13132.
E:\FR\FM\06JYR1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 129 (Wednesday, July 6, 2011)]
[Rules and Regulations]
[Pages 39303-39305]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16743]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2011-0198; FRL-9425-4]
Revisions to the California State Implementation Plan, Imperial
County Air Pollution Control District, Kern 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
Imperial County Air Pollution Control District (ICAPCD), Kern County
Air Pollution Control District (KCAPCD), and Ventura County Air
Pollution Control District (VCAPCD) portions of the California State
Implementation Plan (SIP). These revisions concern volatile organic
compound (VOC) emissions from architectural coating operations. 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 September 6, 2011 without further
notice, unless EPA receives adverse comments by August 5, 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-
2011-0198, 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: David Grounds, EPA Region IX, (415)
972-3019, grounds.david@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.
Table of Contents
I. The State's Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. EPA Recommendations to Further Improve the Rules
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rules did the State submit?
Table 1 lists the rules 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 Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
ICAPCD.................................... 424 Architectural Coatings...... 02/23/10 07/20/10
[[Page 39304]]
KCAPCD.................................... 410.1 Architectural Coatings...... 03/11/10 07/20/10
VCAPCD.................................... 74.2 Architectural Coatings...... 01/12/10 07/20/10
----------------------------------------------------------------------------------------------------------------
On August 25, 2010, EPA determined that the submittals for ICAPCD
Rule 424, KCAPCD Rule 410.1A, and VCAPCD Rule 74.2 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?
We approved an earlier version of ICAPCD Rule 424 into the SIP on
01/04/07 (72 FR 267). We approved an earlier version of KCAPCD Rule
410.1 into the SIP on 02/06/98 (63 FR 6073). We approved an earlier
version of VCAPCD Rule 74.2 into the SIP on 01/02/04 (69 FR 34).
C. What is the purpose of the submitted 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. ICAPCD Rule 424,
KCAPCD Rule 410.1A, and VCAPCD Rule 74.2 all impose more stringent
requirements on VOC emissions from architectural 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
section 182(a)(2) and (b)(2)), and must not relax existing requirements
(see sections 110(l) and 193). The ICAPCD (moderate) and VCAPCD
(serious) regulate ozone nonattainment areas (see 40 CFR part 81), so
these areas must implement RACT. KCAPCD (non-attainment subpart 1) does
not need to 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. National VOC Emission Standards for Architectural Coatings (40
CFR part 59 Subpart D, 9/11/98).
4. Control of Volatile Organic Emissions from Existing Stationary
Sources, Volume I: Control Methods for Surface Coating Operations (EPA-
450/2-76-028, 11/76).
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 evaluations.
C. EPA Recommendations to Further Improve the Rules
The TSDs describe additional rule revisions that we recommend for
the next time the local agencies modify 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 August 5, 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 September 6, 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 interfere with Executive Order 12898 (59 FR 7629
(Feb. 16, 1994)) because EPA lacks the discretionary authority to
address environmental justice in this rulemaking.
[[Page 39305]]
In addition, these rules do 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 September 6, 2011. 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: May 19, 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 (381)(i)(A)(2),
(B)(2), and (C)(2) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(381) * * *
(i) * * *
(A) * * *
(2) Rule 424, ``Architectural Coatings,'' amended on February 23,
2010.
(B) * * *
(2) Rule 410.1A, ``Architectural Coatings,'' adopted on March 11,
2010. Effective as of 1/1/2011.
(C) * * *
(2) Rule 74.2, ``Architectural Coatings,'' amended on January 12,
2010.
* * * * *
[FR Doc. 2011-16743 Filed 7-5-11; 8:45 am]
BILLING CODE 6560-50-P
