Revisions to the California State Implementation Plan, Northern Sierra Air Quality Management District, Sacramento Metropolitan Air Quality Management District, and South Coast Air Quality Management District, 44493-44495 [2011-18872]
Download as PDF
<![CDATA[
wreier-aviles on DSKDVH8Z91PROD with RULES
Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Rules and Regulations
treatment code and its corresponding
meaning).
(2) The issuer must provide to
participants and beneficiaries, as soon
as practicable, upon request, the
diagnosis code and its corresponding
meaning, and the treatment code and its
corresponding meaning, associated with
any adverse benefit determination or
final internal adverse benefit
determination. The issuer must not
consider a request for such diagnosis
and treatment information, in itself, to
be a request for an internal appeal under
this paragraph (b) or an external review
under paragraphs (c) and (d) of this
section.
*
*
*
*
*
(F) Deemed exhaustion of internal
claims and appeals processes—(1) In
the case of an issuer that fails to adhere
to all the requirements of this paragraph
(b)(3) with respect to a claim, the
claimant is deemed to have exhausted
the internal claims and appeals process
of this paragraph (b), except as provided
in paragraph (b)(3)(ii)(F)(2) of this
section. Accordingly, the claimant may
initiate an external review under
paragraph (c) or (d) of this section, as
applicable. The claimant is also entitled
to pursue any available remedies under
State law, as applicable, on the basis
that the issuer has failed to provide a
reasonable internal claims and appeals
process that would yield a decision on
the merits of the claim.
(2) Notwithstanding paragraph
(b)(3)(ii)(F)(1) of this section, the
internal claims and appeals process of
this paragraph (b) will not be deemed
exhausted based on de minimis
violations that do not cause, and are not
likely to cause, prejudice or harm to the
claimant so long as the issuer
demonstrates that the violation was for
good cause or due to matters beyond the
control of the issuer and that the
violation occurred in the context of an
ongoing, good faith exchange of
information between the issuer and the
claimant. This exception is not available
if the violation is part of a pattern or
practice of violations by the issuer. The
claimant may request a written
explanation of the violation from the
issuer, and the issuer must provide such
explanation within 10 days, including a
specific description of its bases, if any,
for asserting that the violation should
not cause the internal claims and
appeals process of this paragraph (b) to
be deemed exhausted. If an external
reviewer or a court rejects the claimant’s
request for immediate review under
paragraph (b)(3)(ii)(F)(1) of this section
on the basis that the issuer met the
standards for the exception under this
VerDate Mar<15>2010
14:34 Jul 25, 2011
Jkt 223001
paragraph (b)(3)(ii)(F)(2), the claimant
has the right to resubmit and pursue the
internal appeal of the claim. In such a
case, within a reasonable time after the
external reviewer or court rejects the
claim for immediate review (not to
exceed 10 days), the issuer shall provide
the claimant with notice of the
opportunity to resubmit and pursue the
internal appeal of the claim. Time
periods for re-filing the claim shall
begin to run upon claimant’s receipt of
such notice.
Signed this 15th day of July 2011.
Diane O. Williams,
Federal Register Liaison, Internal Revenue
Service, Department of the Treasury.
Signed this 20th day of July 2011.
Daniel J. Maguire,
Director, Office of Health Plan Standards and
Compliance Assistance, Employee Benefits
Security Administration, Department of
Labor.
Signed this 20th day of July 2011.
Dawn Smalls,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2011–18820 Filed 7–22–11; 4:15 pm]
BILLING CODE 4820–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2011–0042;FRL–9279–3]
Revisions to the California State
Implementation Plan, Northern Sierra
Air Quality Management District,
Sacramento Metropolitan Air Quality
Management District, and South Coast
Air Quality Management District
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the
Northern Sierra Air Quality
Management District (NSAQMD),
Sacramento Metropolitan Air Quality
Management District (SMAQMD), and
South Coast Air Quality Management
District (SCAQMD) portions of the
California State Implementation Plan
(SIP). These revisions concern volatile
organic compound (VOC) emissions
from gasoline dispensing facilities,
polyester resin operations, and spray
booth facilities. 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 26, 2011 without further
notice, unless EPA receives adverse
SUMMARY:
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
44493
comments by August 25, 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: http:
//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 email directly to EPA, your e-mail
address will be automatically captured
and included as part of the public
comment. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: The index to the docket for
this action is available electronically at
https://www.regulations.gov and in hard
copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While
all documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
David Grounds, EPA Region IX, (415)
972–3019, grounds.david@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
E:\FR\FM\26JYR1.SGM
26JYR1
44494
Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Rules and Regulations
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
NSAQMD
SMAQMD
SCAQMD
SCAQMD
.....
.....
.....
.....
Rule No.
215
465
1132
1162
Rule title
Phase II Vapor Recovery ..................................................................................
Polyester Resin Operations ..............................................................................
Further Control of VOC Emissions From High-Emitting Spray Booth Facilities
Polyester Resin Operations ..............................................................................
On August 25, 2010, EPA determined
that the submittal for NSAQMD Rule
215 met the completeness criteria in 40
CFR Part 51 Appendix V, which must be
met before formal EPA review. On
January 21, 2010, EPA determined that
the submittal for SMAQMD Rule 465
met the completeness criteria. On
February 4, 2010, EPA determined that
the submittal for SCAQMD Rule 1132
met the completeness criteria. On May
13, 2009, EPA determined that the
submittal for SCAQMD Rule 1162 met
the completeness criteria.
B. Are there other versions of these
rules?
We approved an earlier version of
SCAQMD Rule 1132 into the SIP on 04/
26/04 (69 FR 22445). We approved an
earlier version of SCAQMD Rule 1162
into the SIP on 02/12/02 (67 FR 6410).
No earlier versions of NSAQMD Rule
215 and SMAQMD Rule 465 were
approved into the SIP.
wreier-aviles on DSKDVH8Z91PROD with RULES
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. NSAQMD Rule 215 imposes
more stringent requirements on VOC
emissions from gasoline dispensing
facilities, SCAQMD Rule 1132 imposes
more stringent requirements on VOC
emissions from spray booth facilities,
while SCAQMD Rule 1162 and
SMAQMD Rule 465 impose more
stringent requirements on VOC
emissions from polyester resin
operations. EPA’s technical support
documents (TSD) have more
information about these rules.
VerDate Mar<15>2010
14:34 Jul 25, 2011
Amended
Jkt 223001
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rules?
Generally, SIP rules must be
enforceable (see section 110(a) of the
Act), must require Reasonably Available
Control Technology (RACT) for each
category of sources covered by a Control
Techniques Guidelines (CTG) document
as well as each major source in
nonattainment areas (see sections
182(a)(2) and (b)(2)), and must not relax
existing requirements (see sections
110(l) and 193). The NSAQMD,
SMAQMD, and SCAQMD all regulate
ozone nonattainment areas (see 40 CFR
part 81), so Rule 215, 465, 1132, and
1162 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. ‘‘Technical Guidance—Stage II Vapor
Recovery Systems for Control of Vehicle
Refueling Emissions at Gasoline
Dispensing Facilities,’’ (EPA–450/3–91–
022).
4. ‘‘Gasoline Dispensing Facilities—Stage II
Vapor Recovery,’’ EPA’s Draft Model
Rule, August 17, 1992.
5. ‘‘Gasoline Vapor Recovery Guidelines,’’
EPA Region IX, April 24, 2000.
6. ‘‘Control Techniques Guidelines for
Industrial Cleaning Solvents,’’ (EPA–
453/R–06–001, 9/06).
7. ‘‘Control of VOC Emissions from
Manufacture of High-Density
Polyethylene, Polypropylene, and
Polystyrene Resins,’’ (EPA–450/3–83–
008, 11/83).
8. ‘‘Control of VOC Fugitive Emissions fro
Synthetic Organic Chemical Polymer and
Resin manufacturing Equipment,’’ (EPA–
450/3–83–006, 3/84).
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
02/22/10
09/25/08
05/05/06
07/08/05
Submitted
07/20/10
09/15/09
01/10/10
04/06/09
9. ‘‘Control Techniques Guidelines for
Fiberglass Boat Manufacturing
Materials,’’ (EPA–453/R–08–004, 9/08).
10. ‘‘Control Techniques for Miscellaneous
Metal and Plastic Parts Coatings,’’ (EPA–
453/R–08–003).
11. ‘‘Control Techniques Guidelines for
Industrial Cleaning Solvents,’’ (EPA–
453/R–06–001, 9/06).
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 25, 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 26,
2011. This will incorporate these rules
into the Federally enforceable SIP.
Please note that if EPA receives
adverse comment on an amendment,
E:\FR\FM\26JYR1.SGM
26JYR1
Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Rules and Regulations
wreier-aviles on DSKDVH8Z91PROD with RULES
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.
In addition, these rules do not have
Tribal implications as specified by
VerDate Mar<15>2010
14:34 Jul 25, 2011
Jkt 223001
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 26,
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: February 15, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
44495
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)(366)(i)(B)(3),
(377)(i)(A)(4), (378)(i)(A)(2) and
(381)(i)(D) to read as follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(366) * * *
(i) * * *
(B) * * *
(3) Rule 1162, ‘‘Polyester Resin
Operations,’’ amended on July 8, 2005.
*
*
*
*
*
(377) * * *
(i) * * *
(A) * * *
(4) Rule 465, ‘‘Polyester Resin
Operations,’’ amended on September 25,
2008.
*
*
*
*
*
(378) * * *
(i) * * *
(A) * * *
(2) Rule 1132, ‘‘Further Control of
VOC Emissions From High-Emitting
Spray Booth Facilities,’’ amended on
May 5, 2006.
*
*
*
*
*
(381) * * *
(i) * * *
(D) Northern Sierra Air Quality
Management District
(1) Rule 215, ‘‘Phase II Vapor
Recovery System Requirements,’’
amended on February 22, 2010.
*
*
*
*
*
[FR Doc. 2011–18872 Filed 7–25–11; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Chapter I
[WC Docket No. 07–245, GN Docket No. 09–
51; Report No. 2931]
A National Broadband Plan for Our
Future; Petition for Reconsideration
Federal Communications
Commission.
ACTION: Final rule; petition for
reconsideration.
AGENCY:
In this document, Petitions
for Reconsideration (Petitions) have
been filed in the Commission’s
Rulemaking proceeding concerning a
SUMMARY:
E:\FR\FM\26JYR1.SGM
26JYR1
]]>Agencies
[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Rules and Regulations]
[Pages 44493-44495]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18872]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2011-0042;FRL-9279-3]
Revisions to the California State Implementation Plan, Northern
Sierra Air Quality Management District, Sacramento Metropolitan Air
Quality Management District, and South Coast Air Quality Management
District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve revisions to the
Northern Sierra Air Quality Management District (NSAQMD), Sacramento
Metropolitan Air Quality Management District (SMAQMD), and South Coast
Air Quality Management District (SCAQMD) portions of the California
State Implementation Plan (SIP). These revisions concern volatile
organic compound (VOC) emissions from gasoline dispensing facilities,
polyester resin operations, and spray booth facilities. 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 26, 2011 without further
notice, unless EPA receives adverse comments by August 25, 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.
[[Page 44494]]
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
----------------------------------------------------------------------------------------------------------------
NSAQMD....................... 215 Phase II Vapor Recovery.......... 02/22/10 07/20/10
SMAQMD....................... 465 Polyester Resin Operations....... 09/25/08 09/15/09
SCAQMD....................... 1132 Further Control of VOC Emissions 05/05/06 01/10/10
From High-Emitting Spray Booth
Facilities.
SCAQMD....................... 1162 Polyester Resin Operations....... 07/08/05 04/06/09
----------------------------------------------------------------------------------------------------------------
On August 25, 2010, EPA determined that the submittal for NSAQMD
Rule 215 met the completeness criteria in 40 CFR Part 51 Appendix V,
which must be met before formal EPA review. On January 21, 2010, EPA
determined that the submittal for SMAQMD Rule 465 met the completeness
criteria. On February 4, 2010, EPA determined that the submittal for
SCAQMD Rule 1132 met the completeness criteria. On May 13, 2009, EPA
determined that the submittal for SCAQMD Rule 1162 met the completeness
criteria.
B. Are there other versions of these rules?
We approved an earlier version of SCAQMD Rule 1132 into the SIP on
04/26/04 (69 FR 22445). We approved an earlier version of SCAQMD Rule
1162 into the SIP on 02/12/02 (67 FR 6410). No earlier versions of
NSAQMD Rule 215 and SMAQMD Rule 465 were approved into the SIP.
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. NSAQMD Rule 215
imposes more stringent requirements on VOC emissions from gasoline
dispensing facilities, SCAQMD Rule 1132 imposes more stringent
requirements on VOC emissions from spray booth facilities, while SCAQMD
Rule 1162 and SMAQMD Rule 465 impose more stringent requirements on VOC
emissions from polyester resin 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). The NSAQMD, SMAQMD, and
SCAQMD all regulate ozone nonattainment areas (see 40 CFR part 81), so
Rule 215, 465, 1132, and 1162 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. ``Technical Guidance--Stage II Vapor Recovery Systems for Control
of Vehicle Refueling Emissions at Gasoline Dispensing Facilities,''
(EPA-450/3-91-022).
4. ``Gasoline Dispensing Facilities--Stage II Vapor Recovery,''
EPA's Draft Model Rule, August 17, 1992.
5. ``Gasoline Vapor Recovery Guidelines,'' EPA Region IX, April 24,
2000.
6. ``Control Techniques Guidelines for Industrial Cleaning
Solvents,'' (EPA-453/R-06-001, 9/06).
7. ``Control of VOC Emissions from Manufacture of High-Density
Polyethylene, Polypropylene, and Polystyrene Resins,'' (EPA-450/3-
83-008, 11/83).
8. ``Control of VOC Fugitive Emissions fro Synthetic Organic
Chemical Polymer and Resin manufacturing Equipment,'' (EPA-450/3-83-
006, 3/84).
9. ``Control Techniques Guidelines for Fiberglass Boat Manufacturing
Materials,'' (EPA-453/R-08-004, 9/08).
10. ``Control Techniques for Miscellaneous Metal and Plastic Parts
Coatings,'' (EPA-453/R-08-003).
11. ``Control Techniques Guidelines for Industrial Cleaning
Solvents,'' (EPA-453/R-06-001, 9/06).
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 25, 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 26, 2011. This will incorporate
these rules into the Federally enforceable SIP.
Please note that if EPA receives adverse comment on an amendment,
[[Page 44495]]
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.
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 26, 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: February 15, 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)(366)(i)(B)(3),
(377)(i)(A)(4), (378)(i)(A)(2) and (381)(i)(D) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(366) * * *
(i) * * *
(B) * * *
(3) Rule 1162, ``Polyester Resin Operations,'' amended on July 8,
2005.
* * * * *
(377) * * *
(i) * * *
(A) * * *
(4) Rule 465, ``Polyester Resin Operations,'' amended on September
25, 2008.
* * * * *
(378) * * *
(i) * * *
(A) * * *
(2) Rule 1132, ``Further Control of VOC Emissions From High-
Emitting Spray Booth Facilities,'' amended on May 5, 2006.
* * * * *
(381) * * *
(i) * * *
(D) Northern Sierra Air Quality Management District
(1) Rule 215, ``Phase II Vapor Recovery System Requirements,''
amended on February 22, 2010.
* * * * *
[FR Doc. 2011-18872 Filed 7-25-11; 8:45 am]
BILLING CODE 6560-50-P
