Revisions to the California State Implementation Plan, Antelope Valley Air Quality Management District and Mojave Desert Quality Management District, 12495-12497 [2012-4974]
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Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations
programs and policies unless doing so
would be inconsistent with applicable
law or otherwise impractical.
The EPA believes that VCS are
inapplicable to this action. Today’s
action does not require the public to
perform activities conducive to the use
of VCS.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order (EO) 12898 (59 FR
7629 (Feb. 16, 1994)) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA lacks the discretionary authority
to address environmental justice in this
rulemaking.
tkelley on DSK3SPTVN1PROD with RULES
K. Congressional Review Act
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 rule 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). This rule
will be effective on April 2, 2012.
L. Petitions for Judicial Review
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 April 30, 2012.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule 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. This action may not
be challenged later in proceedings to
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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,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
Dated: January 13, 2012.
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)(378)(i)(E) to read
as follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(378) * * *
(i) * * *
(E) Feather River Air Quality
Management District.
(1) Rule 3.22, ‘‘Internal Combustion
Engines,’’ adopted on June 01, 2009.
*
*
*
*
*
[FR Doc. 2012–4972 Filed 2–29–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2011–0990; FRL–9626–4]
Revisions to the California State
Implementation Plan, Antelope Valley
Air Quality Management District and
Mojave Desert Quality Management
District
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the
Antelope Valley Air Quality
Management District (AVAQMD) and
Mojave Desert Air Quality Management
District (MDAQMD) portion of the
California State Implementation Plan
(SIP). These revisions concern
recordkeeping for rules governing
volatile organic compound (VOC)
emissions from coatings, solvents and
SUMMARY:
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12495
adhesives and rules governing VOC
emissions from graphic arts and paper,
film, foil and fabric coatings. 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 April 30,
2012 without further notice, unless EPA
receives adverse comments by April 2,
2012. 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–2011–0990, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. Email: 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 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
www.regulations.gov or email.
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 email 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 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
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:\FR\FM\01MRR1.SGM
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12496
Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations
(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 agency and
submitted by the California Air
Resources Board (CARB).
TABLE 1—SUBMITTED RULES
Local agency
Rule No.
AVAQMD .........................................................
109
MDAQMD ........................................................
1117
On August 25, 2010, EPA determined
that the two submittals met the
completeness criteria in 40 CFR Part 51
Appendix V, which must be met before
formal EPA review.
tkelley on DSK3SPTVN1PROD with RULES
B. Are there other versions of these
rules?
We approved an earlier version of
AVAQMD Rule 109 into the SIP on
September 2, 2008 (73 FR 51226). The
AVAQMD amended the SIP-approved
version on April 20, 2010. We approved
an earlier version of MDAQMD Rule
1117 into the SIP on April 30, 1996 (61
FR 18962). The MDAQMD amended the
SIP-approved version on September 28,
2009. CARB submitted both rules to us
on July 20, 2010. While we can act on
only the most recently submitted
version, we have reviewed materials
provided with previous submittals.
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. AVAQMD Rule 109
prescribes recordkeeping for several
rules that limit emissions of VOC from
various solvents, coating, adhesive,
graphic arts and polyester resin
operations and MDAQMD Rule 1117
limits emissions of VOC from graphic
art and paper, film, foil and fabric
coatings. 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
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16:41 Feb 29, 2012
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Rule title
Amended
Recordkeeping for Volatile Organic Compound Emissions.
Graphic Arts and Paper, Film, Foil and Fabric Coatings.
Submitted
4/20/10
7/20/10
9/28/09
7/20/10
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). AVAQMD and
MDAQMD regulate ozone moderate
nonattainment areas (see 40 CFR part
81). AVAQMD Rule 109 does not, in
itself, control VOC emissions and
therefore is not subject to RACT
requirements. However, MDAQMD Rule
1117 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 Organic
Compound Rules for Reasonably
Available Control Technology’’
(June 1992).
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.
B. Do the Rules Meet the Evaluation
Criteria?
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);
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.
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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 April 2, 2012, 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 April 30,
2012. This will incorporate these rules
into the federally enforceable SIP.
Please note that if EPA receives
adverse comments 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.
E:\FR\FM\01MRR1.SGM
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tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
State choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves State law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by State law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
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
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16:41 Feb 29, 2012
Jkt 226001
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: January 13, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52 [AMENDED]
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220, is amended by
adding paragraphs (c)(381)(i)(G)(2) and
(c)(381)(i)(H) to read as follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(381) * * *
(i) * * *
(G) * * *
(2) Rule 109, ‘‘Recordkeeping for
Volatile Organic Compound Emissions,’’
amended April 20, 2010.
(H) Mojave Desert Air Quality
Management District
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12497
(1) Rule 1117, ‘‘Graphic Arts and
Paper, Film, Foil and Fabric Coatings,’’
amended September 28, 2009.
*
*
*
*
*
[FR Doc. 2012–4974 Filed 2–29–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
[EPA–R08–RCRA–2011–0823; FRL–9640–2]
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste Exclusion
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (‘‘EPA,’’ ‘‘the Agency’’ or ‘‘we’’
in this preamble) today is granting a
petition submitted by the
ConocoPhillips Billings, Montana
Refinery (‘‘ConocoPhillips’’, ‘‘Refinery’’
or ‘‘Petitioner’’) to exclude or ‘‘delist,’’
from the list of hazardous wastes, a
maximum of 200 cubic yards per year of
residual solids from sludge removed
from two storm water tanks at its
Billings, Montana refinery and
processed in accordance with the
petition.
After careful analysis we have
concluded that the petitioned waste is
not a hazardous waste. This exclusion
conditionally excludes the petitioned
waste from the requirements of
hazardous waste regulations under the
Resource Conservation and Recovery
Act (RCRA) when processed in
accordance with the petition and
disposed in a Subtitle D landfill
permitted, licensed, or otherwise
authorized by a State to accept the
delisted processed storm water tank
sludge. This rule also imposes testing
conditions for future processed storm
water tank residuals to ensure they
continue to qualify for delisting.
DATES: This final rule is effective on
March 1, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No.: EPA–R08–RCRA–2011–0823. All
documents in the docket are listed on
the https://www.regulations.gov web site
or in hard copy at the Environmental
Protection Agency Region VIII, Office of
Partnerships and Regulatory Assistance,
Solid & Hazardous Waste Program, Mail
Code: 8P–HW, 1595 Wynkoop Street,
Denver, Colorado 80202–1129. The
docket is available for viewing from 8
a.m. to 3 p.m., Monday through Friday
excluding Federal holidays. You may
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Rules and Regulations]
[Pages 12495-12497]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4974]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2011-0990; FRL-9626-4]
Revisions to the California State Implementation Plan, Antelope
Valley Air Quality Management District and Mojave Desert Quality
Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve revisions to the
Antelope Valley Air Quality Management District (AVAQMD) and Mojave
Desert Air Quality Management District (MDAQMD) portion of the
California State Implementation Plan (SIP). These revisions concern
recordkeeping for rules governing volatile organic compound (VOC)
emissions from coatings, solvents and adhesives and rules governing VOC
emissions from graphic arts and paper, film, foil and fabric coatings.
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 April 30, 2012 without further notice,
unless EPA receives adverse comments by April 2, 2012. 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-
2011-0990, by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
2. Email: 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 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 www.regulations.gov or email.
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 email
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 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 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
[[Page 12496]]
(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 agency and submitted by the California
Air Resources Board (CARB).
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
AVAQMD................................ 109 Recordkeeping for 4/20/10 7/20/10
Volatile Organic
Compound Emissions.
MDAQMD................................ 1117 Graphic Arts and Paper, 9/28/09 7/20/10
Film, Foil and Fabric
Coatings.
----------------------------------------------------------------------------------------------------------------
On August 25, 2010, EPA determined that the two 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?
We approved an earlier version of AVAQMD Rule 109 into the SIP on
September 2, 2008 (73 FR 51226). The AVAQMD amended the SIP-approved
version on April 20, 2010. We approved an earlier version of MDAQMD
Rule 1117 into the SIP on April 30, 1996 (61 FR 18962). The MDAQMD
amended the SIP-approved version on September 28, 2009. CARB submitted
both rules to us on July 20, 2010. While we can act on only the most
recently submitted version, we have reviewed materials provided with
previous submittals.
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. AVAQMD Rule 109
prescribes recordkeeping for several rules that limit emissions of VOC
from various solvents, coating, adhesive, graphic arts and polyester
resin operations and MDAQMD Rule 1117 limits emissions of VOC from
graphic art and paper, film, foil and fabric coatings. 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). AVAQMD and MDAQMD regulate
ozone moderate nonattainment areas (see 40 CFR part 81). AVAQMD Rule
109 does not, in itself, control VOC emissions and therefore is not
subject to RACT requirements. However, MDAQMD Rule 1117 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 Organic
Compound 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 April 2, 2012, 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 April 30, 2012. This will incorporate these
rules into the federally enforceable SIP.
Please note that if EPA receives adverse comments 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);
[[Page 12497]]
40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve State choices, provided that they meet the criteria of the
Clean Air Act. Accordingly, this action merely approves State law as
meeting Federal requirements and does not impose additional
requirements beyond those imposed by State law. For that reason, this
action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
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: January 13, 2012.
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)(381)(i)(G)(2)
and (c)(381)(i)(H) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(381) * * *
(i) * * *
(G) * * *
(2) Rule 109, ``Recordkeeping for Volatile Organic Compound
Emissions,'' amended April 20, 2010.
(H) Mojave Desert Air Quality Management District
(1) Rule 1117, ``Graphic Arts and Paper, Film, Foil and Fabric
Coatings,'' amended September 28, 2009.
* * * * *
[FR Doc. 2012-4974 Filed 2-29-12; 8:45 am]
BILLING CODE 6560-50-P
