Revisions to the California State Implementation Plan, South Coast Air Quality Management District, 41717-41719 [2011-17759]
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Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Rules and Regulations
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Subpart TT—Utah
2. Section 52.2320 is amended by
adding paragraph (c)(69) to read as
follows:
■
Identification of plan.
*
*
*
*
(c) * * *
(69) On September 15, 2006 and
March 7, 2008 the State of Utah
submitted revisions to its State
Implementation Plan (SIP) that
contained revised rules pertaining to the
State’s Prevention of Significant
Deterioration (PSD) preconstruction
permit program.
(i) Incorporation by reference.
(A) The Utah Administrative Code
(UAC), R307–110–9, Section VIII,
Prevention of Significant Deterioration,
is amended effective June 16, 2006.
(B) The Utah Administrative Code
(UAC), R307–405, Permits: Major
Sources in Attainment or Unclassified
Areas (PSD), (except R307–405–
3(2)(a)(i), ‘‘Major Source Baseline Date’’)
is amended effective September 7, 2007.
mstockstill on DSK4VPTVN1PROD with RULES
EPA is taking direct final
action to approve revisions to the South
Coast Air Quality Management District
(SCAQMD) portion of the California
State Implementation Plan (SIP). These
revisions concern volatile organic
compound (VOC) emissions from
consumer paint thinner & multi-purpose
solvents and metalworking fluids &
direct-contact lubricants. We are
approving local rules that regulate these
emission sources under the Clean Air
Act as amended in 1990 (CAA or the
Act).
This rule is effective on
September 13, 2011 without further
notice, unless EPA receives adverse
comments by August 15, 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–2011–0537, by one of the
following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
online 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.
DATES:
Authority: 42 U.S.C. 7401 et seq.
BILLING CODE 6560–50–P
Revisions to the California State
Implementation Plan, South Coast Air
Quality Management District
SUMMARY:
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
[FR Doc. 2011–17783 Filed 7–14–11; 8:45 am]
[EPA–R09–OAR–2011–0537; FRL–9431–9]
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
Dated: June 29, 2011.
James B. Martin,
Regional Administrator, Region 8.
*
40 CFR Part 52
AGENCY:
Authority: 42 U.S.C. 7401 et seq.
§ 52.2320
ENVIRONMENTAL PROTECTION
AGENCY
41717
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: 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).
TABLE 1—SUBMITTED RULES
Local agency
Rule No.
SCAQMD ..........................................
VerDate Mar<15>2010
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1143
PO 00000
Rule title
Amended
Consumer Paint Thinner & Multi-Purpose Solvents ................
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12/3/10
Submitted
4/5/11.
41718
Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Rules and Regulations
TABLE 1—SUBMITTED RULES—Continued
Local agency
Rule No.
SCAQMD ..........................................
1144
On May 6, 2011, 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
SCAQMD Rule 1143 in the SIP. We
approved an earlier version of SCAQMD
Rule 1144 into the SIP on 7/14/2010 (75
FR 40726).
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 SCAQMD Rule 1143
and Rule 1144 limit emissions of VOC
from the application of thinners,
solvents, metal-working fluids and
direct-contact lubricants. EPA’s
technical support documents (TSDs)
have more information about these
rules.
II. EPA’s Evaluation and Action
mstockstill on DSK4VPTVN1PROD with RULES
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). SCAQMD regulates an
ozone nonattainment area (see 40 CFR
part 81), so SCAQMD Rule 1143 and
Rule 1144 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. CARB’s Consumer Products
Regulation, Title 17, California Code of
Regulations (CCR), Division 3, Chapter
VerDate Mar<15>2010
15:47 Jul 14, 2011
Jkt 223001
Rule title
Metal Working Fluids & Direct-Contact Lubricants ..................
1, Subchapter 8.5, Article 2, Sections
94507–94517.
4. EPA’s model VOC rule guidance
titled, ‘‘Model Volatile
OrganicCompound Rules for Reasonably
Available Control Technology’’ (June
1992).
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 August 15, 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 13,
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
PO 00000
Amended
Frm 00130
Fmt 4700
Sfmt 4700
7/9/10
Submitted
4/5/11.
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
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Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Rules and Regulations
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 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: June 22, 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 paragraph (c)(388) to read as
follows:
mstockstill on DSK4VPTVN1PROD with RULES
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(388) New and amended regulations
for the following APCD were submitted
VerDate Mar<15>2010
15:47 Jul 14, 2011
Jkt 223001
on April 5, 2011, by the Governor’s
Designee.
(i) Incorporation by reference.
(A) South Coast Air Quality
Management District.
(1) Rule 1143, ‘‘Consumer Paint
Thinners & Multi-Purpose Solvents,’’
Amended December 3, 2010.
(2) Rule 1144, ‘‘Metalworking Fluids
and Direct-Contact Lubricants,’’
Amended on July 9, 2010.
*
*
*
*
*
[FR Doc. 2011–17759 Filed 7–14–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–R04–SFUND–2011–0574; FRL–9438–
4]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Hipps Road Landfill Superfund
Site
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region 4 is publishing a
direct final Notice of Deletion of the
Hipps Road Landfill Superfund Site
(Site), located in Jacksonville, Florida,
from the National Priorities List (NPL).
The NPL, promulgated pursuant to
section 105 of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an
appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). This direct
final deletion is being published by EPA
with the concurrence of the State of
Florida, through the Florida Department
of Environmental Protection, because
EPA has determined that all appropriate
response actions under CERCLA, other
than operation, maintenance, and fiveyear reviews have been completed.
However, this deletion does not
preclude future actions under
Superfund.
DATES: This direct final deletion is
effective September 13, 2011 unless
EPA receives adverse comments by
August 15, 2011. If adverse comments
are received, EPA will publish a timely
withdrawal of the direct final deletion
in the Federal Register informing the
public that the deletion will not take
effect.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–R04–
SUMMARY:
PO 00000
Frm 00131
Fmt 4700
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41719
SFUND–2011–0574, by one of the
following methods:
• https://www.regulations.gov. Follow
on-line instructions for submitting
comments.
• E-mail: miller.scott@epa.gov.
• Fax: 404–562–8896.
• Mail: Scott Miller, Remedial Project
Manager, Superfund Remedial Branch,
Section C, Superfund Division, U.S.
EPA Region 4, 61 Forsyth Street, SW.,
Atlanta, GA 30303.
• Hand delivery: Same address as
listed above. Such deliveries are only
accepted during the Docket’s normal
hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID no. EPA–R04–SFUND–2011–
0574. EPA’s policy is that all comments
received 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 information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. 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
All documents in the docket are listed
in the https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statue. Certain
other material, such as copyrighted
material, will be publicly available only
E:\FR\FM\15JYR1.SGM
15JYR1
]]>Agencies
[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Rules and Regulations]
[Pages 41717-41719]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17759]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2011-0537; FRL-9431-9]
Revisions to the California State Implementation Plan, 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
South Coast Air Quality Management District (SCAQMD) portion of the
California State Implementation Plan (SIP). These revisions concern
volatile organic compound (VOC) emissions from consumer paint thinner &
multi-purpose solvents and metalworking fluids & direct-contact
lubricants. 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 13, 2011 without further
notice, unless EPA receives adverse comments by August 15, 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-
2011-0537, by one of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the online 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).
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD.................................... 1143 Consumer Paint Thinner & 12/3/10 4/5/11.
Multi-Purpose Solvents.
[[Page 41718]]
SCAQMD.................................... 1144 Metal Working Fluids & Direct- 7/9/10 4/5/11.
Contact Lubricants.
----------------------------------------------------------------------------------------------------------------
On May 6, 2011, 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 SCAQMD Rule 1143 in the SIP. We
approved an earlier version of SCAQMD Rule 1144 into the SIP on 7/14/
2010 (75 FR 40726).
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 SCAQMD Rule 1143
and Rule 1144 limit emissions of VOC from the application of thinners,
solvents, metal-working fluids and direct-contact lubricants. 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). SCAQMD regulates an ozone
nonattainment area (see 40 CFR part 81), so SCAQMD Rule 1143 and Rule
1144 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. CARB's Consumer Products Regulation, Title 17, California Code
of Regulations (CCR), Division 3, Chapter 1, Subchapter 8.5, Article 2,
Sections 94507-94517.
4. EPA's model VOC rule guidance titled, ``Model Volatile
OrganicCompound Rules for Reasonably Available Control Technology''
(June 1992).
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 August 15, 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 13, 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
[[Page 41719]]
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 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: June 22, 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 paragraph (c)(388) to read as
follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(388) New and amended regulations for the following APCD were
submitted on April 5, 2011, by the Governor's Designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rule 1143, ``Consumer Paint Thinners & Multi-Purpose
Solvents,'' Amended December 3, 2010.
(2) Rule 1144, ``Metalworking Fluids and Direct-Contact
Lubricants,'' Amended on July 9, 2010.
* * * * *
[FR Doc. 2011-17759 Filed 7-14-11; 8:45 am]
BILLING CODE 6560-50-P
