Revisions to the California State Implementation Plan, 62002-62004 [2011-25879]
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62002
Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Proposed Rules
signature required box is selected, an
image of the signature will be provided
when accessing delivery information.
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3.0
Express Mail Custom Designed
*
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[Revise the title and text of 3.2 as
follows:]
Signature Required
Additional Mailing Services
503
Extra Services
1.0
Extra Services for Express Mail
1.1
Available Services
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1.1.6
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*
*
COD
[Revise 1.1.6 by adding a new last
sentence as follows:]
* * * A signature is required for COD
service.
1.1.7
Express Mail is insured against loss,
damage, or missing contents, subject to
these standards:
*
*
*
*
*
[Revise item 1.1.7b as follows:]
b. All Express Mail signed for by the
addressee or the addressee’s agent
constitutes a valid delivery, and no
indemnity for loss is paid. For Express
Mail items not requiring a signature, a
delivered scan event constitutes a valid
delivery, and no indemnity for loss is
paid.
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12.2
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Basic Information
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12.2.5
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Express Mail COD
16:04 Oct 05, 2011
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11.5.2
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Mailing
* * * All mailings under the
business/regulatory purposes exception
must:
[Revise item 11.5.2a as follows:]
a. Be entered in a face-to-face
transaction with a postal employee as
Express Mail with Hold For Pickup
service (carrier pickup services not
permitted);
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11.6
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Exception for Certain Individuals
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Consumer Testing Exception
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9.5.3
Refunds Not Given
[Revise the DMM references in 9.5.3 to
include 214.3.0 and 314.3.0 as follows:]
A postage refund will not be given if
the guaranteed service was not provided
due to any of the circumstances in
114.2.0, 214.3.0, 314.3.0, and 414.3.0.
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Special Standards
703 Nonprofit Standard Mail and
Other Unique Eligibility
Mailing
*
Conditions for Refund
[Revise 9.5.2 to change the refund
request days from 90 to 30 days, and
consolidate the text in the introductory
paragraph and items a and b as
follows:]
A postage refund request must be
made within 30 days after the date of
mailing. Except as provided in 114.2.0,
214.3.0, 314.3.0, and 414.3.0 a mailer
may file for a postage refund only if the
item was not delivered, delivery was not
attempted, or if the item was not made
available for claim by the delivery date
and time specified at the time of
mailing.
700
*
No customer may send or cause to be
sent more than 10 mailings under this
exception in any 30-day period. Each
mailing under the certain individuals
exception must:
[Revise item 11.6.2a as follows:]
a. Be entered as Express Mail with an
Adult Signature extra service (see
503.8.0), or Express Mail with Hold For
Pickup service (carrier pickup services
not permitted); unless shipped to APO/
FPO/DPO addresses under 11.6.4.
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11.7
9.5.2
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Mailing
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2.0
Overseas Military Mail
*
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*
*
*
*
*
2.6 Express Mail Military Service
(EMMS)
*
*
*
*
*
[Revise the title and text of 2.6.10 as
follows:]
2.6.10 Signature Required
A signature is required for Express
Mail Military Service.
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We will publish an appropriate
amendment to 39 CFR part 111 to reflect
these changes if our proposal is
adopted.
Stanley F. Mires,
Attorney, Legal Policy and Legislative Advice.
[FR Doc. 2011–25803 Filed 10–5–11; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
604
[Revise the first sentence of 12.2.5 as
follows:]
Any article sent COD also may be sent
by Express Mail next day and second
day service when a signature is
requested. * * *
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VerDate Mar<15>2010
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* * * Mailings must be tendered
under the following conditions:
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b. All mailings under the consumer
testing exception:
[Revise 11.7.2b1 as follows:]
1. Must be entered in face-to-face
transactions with postal employees as
Express Mail with Hold For Pickup
service requested (carrier pickup
services not permitted);
*
*
*
*
*
Collect on Delivery (COD)
*
*
11.5 Exception for Business/
Regulatory Purposes
11.7.2
[Revise the last sentence of 1.1.8 as
follows:]
* * * When ‘‘signature required’’
service is not requested, or when
‘‘waiver of signature’’ is requested
additional insurance is not available.
*
*
*
*
*
*
*
*
Additional Insurance
12.0
*
11.6.2
Insurance and Indemnity
1.1.8
Mailability
*
The addressee’s (or agent’s) signature
is required for all Express Mail Custom
Designed service.
*
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*
500
601
11.0 Cigarettes and Smokeless
Tobacco
*
3.2
600 Basic Standards for All Mailing
Services
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Postage Payment Methods
[EPA–R09–OAR–2011–0761; FRL–9475–9]
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9.0
Refunds and Exchanges
Revisions to the California State
Implementation Plan
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AGENCY:
9.5
Express Mail Postage Refund
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Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
E:\FR\FM\06OCP1.SGM
06OCP1
62003
Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Proposed Rules
EPA is proposing to approve
revisions to the San Joaquin Valley
Unified Air Pollution Control District
(SJVUAPCD) portion of the California
State Implementation Plan (SIP). These
revisions concern volatile organic
compound (VOC) emissions from Motor
Vehicle and Mobile Equipment Coating
Operations and Adhesives and Sealants.
We are proposing to approve local rules
to regulate these emission sources under
the Clean Air Act as amended in 1990
(CAA or the Act). We are taking
comments on this proposal and plan to
follow with a final action.
DATES: Any comments must arrive by
November 7, 2011.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2011–0356, by one of the
following methods:
1. Federal eRulemaking Portal:
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,
SUMMARY:
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.
Docket: 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 at
https://www.regulations.gov, 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:
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
How is EPA evaluating the rules?
A. Do the rules meet the evaluation
criteria?
B. EPA Recommendations to Further
Improve the Rules
C. 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 addressed by
this proposal with the dates that they
were adopted by local air agencies and
submitted by the California Air
Resources Board (CARB).
TABLE 1—SUBMITTED RULES
Local
Rule
SJVUAPCD .............................
SJVUAPCD .............................
Rule title
4612
4653
On 5/6/2011, these rule submittals
were found to meet 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 a version of SJVUAPCD
Rule 4612 into the SIP on 1/19/2010.
We approved a version of SJVUAPCD
Rule 4653 into the SIP on 10/15/2009.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
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. In general, these rules
control the VOC emissions by limiting
the VOCs of commercial coatings and
solvents.
SJVUAPCD Rule 4612 is revised to
implement RACT requirements as
VerDate Mar<15>2010
16:04 Oct 05, 2011
Jkt 226001
Amended
Motor Vehicle and Mobile Equipment Coating Operations ....
Adhesives and Sealants .........................................................
recommended in the California Air
Resources Board’s (CARB) Suggested
Control Measure (SCM) titled,
‘‘Suggested Control Measure for
Automotive Coatings.’’
SJVUAPCD Rule 4653 is revised to
implement RACT requirements as
recommended in the CTG, ‘‘Control
Techniques Guidelines for
Miscellaneous Industrial Adhesives’’,
EPA–453/R–08–005 and CARB’s RACT/
BARCT guidance titled, ‘‘Determination
of Reasonably Available Control
Technology and Best Available Retrofit
Control Technology for Adhesives and
Sealants.’’
SJVUAPCD’s 2009 RACT SIP
Demonstration (April 16, 2009) was
used to help evaluate the RACT
requirements for both rules.
EPA’s technical support documents
(TSDs) have more information about
these rules.
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Submitted
10/21/10
9/16/10
4/5/11
4/5/11
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 must not relax existing
requirements (see sections 110(l) and
193). The SJVUAPCD regulates an ozone
nonattainment area (see 40 CFR part 81),
so Rules 4602 and 4603 must fulfill
RACT.
Guidance and policy documents that
we used to help evaluate enforceability
and RACT requirements consistently
include the following:
1. Portions of the proposed post-1987
ozone and carbon monoxide policy that
concern RACT, 52 FR 45044, November
24, 1987.
E:\FR\FM\06OCP1.SGM
06OCP1
62004
Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Proposed Rules
2. Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and Deviations,
EPA, May 25, 1988 (the Bluebook).
3. Guidance Document for Correcting
Common VOC & Other Rule
Deficiencies, EPA Region 9, August 21,
2001 (the Little Bluebook).
4. CARB’s Suggested Control Measure
(SCM) titled, ‘‘Suggested Control
Measure for Automotive Coatings.’’
October 20, 2005.
5. Control Techniques Guideline
(CTG) for ‘‘Miscellaneous Industrial
Adhesives’’, EPA–453/R–08–005,
September 2008.
6. CARB’s RACT/Best Available
Retrofit Control Technology (BARCT)
guidance titled, ‘‘Determination of
Reasonably Available Control
Technology and Best Available Retrofit
Control Technology for Adhesives and
Sealants,’’ December 1998.
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 do not affect EPA’s
current action but are recommended for
the next time the local agency modifies
the rules.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
D. Public Comment and Final Action
Because EPA believes the submitted
rules fulfill all relevant requirements,
we are proposing to fully approve them
as described in section 110(k)(3) of the
Act. We will accept comments from the
public on this proposal for the next 30
days. Unless we receive convincing new
information during the comment period,
we intend to publish a final approval
action that will incorporate these rules
into the federally enforceable SIP.
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:
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16:04 Oct 05, 2011
Jkt 226001
• 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, 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compound.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 28, 2011.
Keith Takata,
Acting Regional Administrator, Region IX.
[FR Doc. 2011–25879 Filed 10–5–11; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2011–0800; FRL–9476–1]
Revisions to the California State
Implementation Plan, California Air
Resources Board—Consumer
Products
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
revisions to the California Air Resources
Board portion of the California State
Implementation Plan (SIP). These
revisions concern volatile organic
compound (VOC) emissions from
consumer products. We are approving a
local rule that regulates these emission
sources under the Clean Air Act as
amended in 1990 (CAA or the Act). We
are taking comments on this proposal
and plan to follow with a final action.
DATES: Any comments must arrive by
November 7, 2011.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2011–0800, by one of the
following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
https://www.regulations.gov or e-mail.
https://www.regulations.gov is an
‘‘anonymous access’’ system, and EPA
will not know your identity or contact
information unless you provide it in the
body of your comment. If you send email directly to EPA, your e-mail
address will be automatically captured
and included as part of the public
comment. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment.
Docket: Generally, documents in the
docket for this action are available
SUMMARY:
E:\FR\FM\06OCP1.SGM
06OCP1
]]>Agencies
[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Proposed Rules]
[Pages 62002-62004]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25879]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2011-0761; FRL-9475-9]
Revisions to the California State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
[[Page 62003]]
SUMMARY: EPA is proposing to approve revisions to the San Joaquin
Valley Unified Air Pollution Control District (SJVUAPCD) portion of the
California State Implementation Plan (SIP). These revisions concern
volatile organic compound (VOC) emissions from Motor Vehicle and Mobile
Equipment Coating Operations and Adhesives and Sealants. We are
proposing to approve local rules to regulate these emission sources
under the Clean Air Act as amended in 1990 (CAA or the Act). We are
taking comments on this proposal and plan to follow with a final
action.
DATES: Any comments must arrive by November 7, 2011.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2011-0356, by one of the following methods:
1. Federal eRulemaking Portal: 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.
Docket: 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 at https://www.regulations.gov, 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: 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
How is EPA evaluating the rules?
A. Do the rules meet the evaluation criteria?
B. EPA Recommendations to Further Improve the Rules
C. 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 addressed by this proposal with the dates
that they were adopted by local air agencies and submitted by the
California Air Resources Board (CARB).
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local Rule Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD........................... 4612 Motor Vehicle and Mobile 10/21/10 4/5/11
Equipment Coating
Operations.
SJVUAPCD........................... 4653 Adhesives and Sealants..... 9/16/10 4/5/11
----------------------------------------------------------------------------------------------------------------
On 5/6/2011, these rule submittals were found to meet 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 a version of SJVUAPCD Rule 4612 into the SIP on 1/19/
2010. We approved a version of SJVUAPCD Rule 4653 into the SIP on 10/
15/2009.
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. In general, these
rules control the VOC emissions by limiting the VOCs of commercial
coatings and solvents.
SJVUAPCD Rule 4612 is revised to implement RACT requirements as
recommended in the California Air Resources Board's (CARB) Suggested
Control Measure (SCM) titled, ``Suggested Control Measure for
Automotive Coatings.''
SJVUAPCD Rule 4653 is revised to implement RACT requirements as
recommended in the CTG, ``Control Techniques Guidelines for
Miscellaneous Industrial Adhesives'', EPA-453/R-08-005 and CARB's RACT/
BARCT guidance titled, ``Determination of Reasonably Available Control
Technology and Best Available Retrofit Control Technology for Adhesives
and Sealants.''
SJVUAPCD's 2009 RACT SIP Demonstration (April 16, 2009) was used to
help evaluate the RACT requirements for both rules.
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
section 182(a)(2)), and must not relax existing requirements (see
sections 110(l) and 193). The SJVUAPCD regulates an ozone nonattainment
area (see 40 CFR part 81), so Rules 4602 and 4603 must fulfill RACT.
Guidance and policy documents that we used to help evaluate
enforceability and RACT requirements consistently include the
following:
1. Portions of the proposed post-1987 ozone and carbon monoxide
policy that concern RACT, 52 FR 45044, November 24, 1987.
[[Page 62004]]
2. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations, EPA, May 25, 1988 (the Bluebook).
3. Guidance Document for Correcting Common VOC & Other Rule
Deficiencies, EPA Region 9, August 21, 2001 (the Little Bluebook).
4. CARB's Suggested Control Measure (SCM) titled, ``Suggested
Control Measure for Automotive Coatings.'' October 20, 2005.
5. Control Techniques Guideline (CTG) for ``Miscellaneous
Industrial Adhesives'', EPA-453/R-08-005, September 2008.
6. CARB's RACT/Best Available Retrofit Control Technology (BARCT)
guidance titled, ``Determination of Reasonably Available Control
Technology and Best Available Retrofit Control Technology for Adhesives
and Sealants,'' December 1998.
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 do not affect
EPA's current action but are recommended for the next time the local
agency modifies the rules.
D. Public Comment and Final Action
Because EPA believes the submitted rules fulfill all relevant
requirements, we are proposing to fully approve them as described in
section 110(k)(3) of the Act. We will accept comments from the public
on this proposal for the next 30 days. Unless we receive convincing new
information during the comment period, we intend to publish a final
approval action that will incorporate these rules into the federally
enforceable SIP.
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, 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Ozone, Reporting and recordkeeping requirements, Volatile
organic compound.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 28, 2011.
Keith Takata,
Acting Regional Administrator, Region IX.
[FR Doc. 2011-25879 Filed 10-5-11; 8:45 am]
BILLING CODE 6560-50-P
