Revisions to the California State Implementation Plan, Yolo-Solano Air Quality Management District, 23133-23135 [2012-8947]
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23133
Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2012–0180; FRL–9652–2]
Revisions to the California State
Implementation Plan, Yolo-Solano Air
Quality Management District
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the YoloSolano Air Quality Management District
(Yolo-Solano AQMD) portion of the
California State Implementation Plan
(SIP). These revisions concern
particulate matter (PM) emissions from
any source that emits visible air
contaminants. We are approving and
rescinding 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 June 18,
2012 without further notice, unless EPA
receives adverse comments by May 18,
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–2012–0180, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
SUMMARY:
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.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:
Christine Vineyard, EPA Region IX,
(415) 947–4125,
vineyard.christine@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. The State’s Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted
rule revisions?
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation
criteria?
C. EPA Recommendations To Further
Improve the Rules
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What rules did the State submit?
Table 1 lists the rules we are
approving with the dates that they were
adopted by the local air agency and
submitted by the California Air
Resources Board.
TABLE 1—SUBMITTED RULES
Local agency
Yolo-Solano
Yolo-Solano
Yolo-Solano
Yolo-Solano
Yolo-Solano
AQMD
AQMD
AQMD
AQMD
AQMD
Rule No.
........................................
........................................
........................................
........................................
........................................
On August 25, 2010, EPA determined
that the submittal for Yolo-Solano Rules
2.3, 2.11 and 2.12 met the completeness
criteria in 40 CFR part 51 appendix V,
2.3
2.4
2.7
2.11
2.12
Rule title
Adopted
Ringelmann Chart .........................................
Exceptions (rescinded) ..................................
Wet Plumes (rescinded) ................................
Particulate Matter Concentration ..................
Specific Contaminants ..................................
which must be met before formal EPA
review.
Submitted
01/13/10
01/13/10
01/13/10
01/13/10
01/13/10
07/20/10
07/20/10
07/20/10
07/20/10
07/20/10
B. Are there other versions of these
rules?
Table 2 lists the previous version of
the rules approved into the SIP.
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TABLE 2—CURRENT SIP APPROVED VERSION OF RULES
Rule No.
Rule title
2.3 ...............
2.4 ...............
2.7 ...............
2.11 .............
2.12 .............
Ringelmann Chart ...........................................................................................
Exceptions .......................................................................................................
Wet Plumes .....................................................................................................
Particulate Matter Concentration ....................................................................
Specific Contaminants ....................................................................................
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Submittal date
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Approval date
01/21/72
07/25/73
02/21/72
06/19/74
01/21/72
02/21/72
06/14/78
05/31/72
07/19/74
02/21/72
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Approved FR
citation
37
43
37
43
37
FR
FR
FR
FR
FR
10856.
25677.
10856.
25677.
10856.
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Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations
C. What is the purpose of the submitted
rule revisions?
PM contributes to effects that are
harmful to human health and the
environment, including premature
mortality, aggravation of respiratory and
cardiovascular disease, decreased lung
function, visibility impairment, and
damage to vegetation and ecosystems.
Section 110(a) of the CAA requires
States to submit regulations that control
PM emissions. Rule 2.3 was revised to
limit the emissions of visible air
contaminants to the atmosphere by
establishing a 20% opacity (Ringelmann
1) standard. In addition, Rule 2.3 now
contains the requirements from repealed
District Rules 2.4, Exemptions and Rule
2.7, Wet Plumes. Rules 2.11 and 2.12
were revised to lower the allowable
particulate matter emission limit. EPA’s
technical support documents (TSDs)
have more information about these
rules.
mstockstill on DSK4VPTVN1PROD with 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) and must not relax existing
requirements (see sections 110(l) and
193). In addition, SIP rules must
implement Reasonably Available
Control Measures (RACM), including
Reasonably Available Control
Technology (RACT), in moderate PM
nonattainment areas (see CAA sections
189(a)(1) and 189(b)(1)). The YoloSolano AQMD regulates a PM–2.5
nonattainment area classified as
moderate (see 40 CFR part 81), so Rules
2.3, 2.11 and 2.12 must implement
RACM/RACT.
Guidance and policy documents that
we use to evaluate enforceability and
RACM/RACT requirements consistently
include the following:
1. ‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and Deviations;
Clarification to Appendix D of
November 24, 1987 Federal Register
Notice,’’ (Blue Book), notice of
availability published in the May 25,
1988 Federal Register.
2. ‘‘Guidance Document for Correcting
Common VOC & Other Rule
Deficiencies,’’ EPA Region 9, August 21,
2001 (the Little Bluebook).
3. ‘‘State Implementation Plans;
General Preamble for the
Implementation of Title I of the Clean
Air Act Amendments of 1990,’’ 57 FR
13498 (April 16, 1992); 57 FR 18070
(April 28, 1992).
4. ‘‘State Implementation Plans for
Serious PM–10 Nonattainment Areas,
and Attainment Date Waivers for PM–10
Nonattainment Areas Generally;
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Addendum to the General Preamble for
the Implementation of Title I of the
Clean Air Act Amendments of 1990,’’ 59
FR 41998 (August 16, 1994).
5. ‘‘PM–10 Guideline Document,’’
EPA 452/R–93–008, April 1993.
6. ‘‘Fugitive Dust Background
Document and Technical Information
Document for Best Available Control
Measures,’’ EPA 450/2–92–004,
September 1992.
B. Do the rules meet the evaluation
criteria?
We believe these rules are consistent
with the relevant policy and guidance
regarding enforceability, RACT/RACM,
and SIP relaxations. The TSD has 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 May 18, 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 June 18, 2012.
This will incorporate these rules into
the federally enforceable SIP.
Please note that if EPA receives
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
III. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
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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
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Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations
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 June 18, 2012.
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,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: March 8, 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.
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Subpart F—California
2. Section 52.220, is amended by
adding paragraphs (b)(11)(ii),
(c)(21)(xiv)(D) and (c)(381)(i)(I) to read
as follows:
■
§ 52.220
*
*
Identification of plan.
*
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*
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(b) * * *
(11) * * *
(ii) Previously approved on May 31,
1972 in paragraph (b) of this section and
now deleted without replacement, Rule
2.7.
*
*
*
*
*
(c) * * *
(21) * * *
(xiv) * * *
(D) Previously approved on June 14,
1978 in paragraph (c)(21)(xiv)(A) of this
section and now deleted without
replacement, Rule 2.4.
*
*
*
*
*
(381) * * *
(i) * * *
(I) Yolo-Solano Air Quality
Management District.
(1) Rule 2.3, ‘‘Ringelmann Chart,’’
revised on January 13, 2010.
(2) Rule 2.11, ‘‘Particulate Matter
Concentration,’’ revised on January 13,
2010.
(3) Rule 2.12, ‘‘Specific
Contaminants,’’ revised on January 13,
2010.
*
*
*
*
*
[FR Doc. 2012–8947 Filed 4–17–12; 8:45 am]
BILLING CODE 6560–50–P
40 CFR Part 180
[EPA–HQ–OPP–2008–0877; FRL–9344–1]
2,4-D; Order Denying NRDC’s Petition
To Revoke Tolerances
Environmental Protection
Agency (EPA).
ACTION: Order.
AGENCY:
In this Order, EPA denies a
petition requesting that EPA revoke all
pesticide tolerances for 2,4dichlorophenoxyacetic acid (2,4-D)
under section 408(d) of the Federal
Food, Drug, and Cosmetic Act (FFDCA).
The petition was filed on November 6,
2008, by the Natural Resources Defense
Council.
DATES: This Order is effective April 18,
2012. Objections and requests for
hearings must be received on or before
June 18, 2012, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Units I.B and I.C. of the SUPPLEMENTARY
INFORMATION.)
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2008–0877. All documents in the
docket are listed in the docket index
available at https://www.regulations.gov.
SUMMARY:
Frm 00027
Fmt 4700
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either in the electronic docket
at https://www.regulations.gov, or, if only
available in hard copy, by appointment
at One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA,
between 9 a.m. to 3 p.m., Monday
through Friday, excluding legal
holidays. To schedule an appointment,
call (703) 305–5805.
FOR FURTHER INFORMATION CONTACT:
Cathryn Britton, Pesticide Re-evaluation
Division, Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 308–0136; fax number: (703) 308–
8005; email address:
britton.cathryn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
ENVIRONMENTAL PROTECTION
AGENCY
PO 00000
23135
Sfmt 4700
A. Does this action apply to me?
In this document EPA denies a
petition by the Natural Resources
Defense Council (NRDC) to revoke
pesticide tolerances. This action may
also be of interest to agricultural
producers, food manufacturers, or
pesticide manufacturers. Potentially
affected entities may include, but are
not limited to:
• Crop production (North American
Industrial Classification System
(NAICS) code 111), e.g., agricultural
workers; greenhouse, nursery, and
floriculture workers; farmers.
• Animal production (NAICS code
112), e.g., cattle ranchers and farmers,
dairy cattle farmers, livestock farmers.
• Food manufacturing (NAICS code
311), e.g. agricultural workers; farmers;
greenhouse, nursery, and floriculture
workers; ranchers; pesticide applicators.
• Pesticide manufacturing (NAICS
code 32532), e.g. agricultural workers;
commercial applicators; farmers,
greenhouse, nursery, and floriculture
workers; residential users.
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. NAICS codes have been
provided to assist you and others in
determining whether this action might
apply to certain entities. If you have any
questions regarding the applicability of
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]]>Agencies
[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Rules and Regulations]
[Pages 23133-23135]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8947]
[[Page 23133]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2012-0180; FRL-9652-2]
Revisions to the California State Implementation Plan, Yolo-
Solano 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
Yolo-Solano Air Quality Management District (Yolo-Solano AQMD) portion
of the California State Implementation Plan (SIP). These revisions
concern particulate matter (PM) emissions from any source that emits
visible air contaminants. We are approving and rescinding 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 June 18, 2012 without further notice,
unless EPA receives adverse comments by May 18, 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-
2012-0180, 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.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: Christine Vineyard, EPA Region IX,
(415) 947-4125, vineyard.christine@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.
Table of Contents
I. The State's Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. EPA Recommendations To Further Improve the Rules
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rules did the State submit?
Table 1 lists the rules we are approving with the dates that they
were adopted by the local air agency and submitted by the California
Air Resources Board.
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
Yolo-Solano AQMD...................... 2.3 Ringelmann Chart........ 01/13/10 07/20/10
Yolo-Solano AQMD...................... 2.4 Exceptions (rescinded).. 01/13/10 07/20/10
Yolo-Solano AQMD...................... 2.7 Wet Plumes (rescinded).. 01/13/10 07/20/10
Yolo-Solano AQMD...................... 2.11 Particulate Matter 01/13/10 07/20/10
Concentration.
Yolo-Solano AQMD...................... 2.12 Specific Contaminants... 01/13/10 07/20/10
----------------------------------------------------------------------------------------------------------------
On August 25, 2010, EPA determined that the submittal for Yolo-
Solano Rules 2.3, 2.11 and 2.12 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?
Table 2 lists the previous version of the rules approved into the
SIP.
Table 2--Current SIP Approved Version of Rules
----------------------------------------------------------------------------------------------------------------
Rule No. Rule title Submittal date Approval date Approved FR citation
----------------------------------------------------------------------------------------------------------------
2.3...................... Ringelmann Chart....... 01/21/72 02/21/72 37 FR 10856.
2.4...................... Exceptions............. 07/25/73 06/14/78 43 FR 25677.
2.7...................... Wet Plumes............. 02/21/72 05/31/72 37 FR 10856.
2.11..................... Particulate Matter 06/19/74 07/19/74 43 FR 25677.
Concentration.
2.12..................... Specific Contaminants.. 01/21/72 02/21/72 37 FR 10856.
----------------------------------------------------------------------------------------------------------------
[[Page 23134]]
C. What is the purpose of the submitted rule revisions?
PM contributes to effects that are harmful to human health and the
environment, including premature mortality, aggravation of respiratory
and cardiovascular disease, decreased lung function, visibility
impairment, and damage to vegetation and ecosystems. Section 110(a) of
the CAA requires States to submit regulations that control PM
emissions. Rule 2.3 was revised to limit the emissions of visible air
contaminants to the atmosphere by establishing a 20% opacity
(Ringelmann 1) standard. In addition, Rule 2.3 now contains the
requirements from repealed District Rules 2.4, Exemptions and Rule 2.7,
Wet Plumes. Rules 2.11 and 2.12 were revised to lower the allowable
particulate matter emission limit. 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) and must not relax existing requirements (see sections 110(l) and
193). In addition, SIP rules must implement Reasonably Available
Control Measures (RACM), including Reasonably Available Control
Technology (RACT), in moderate PM nonattainment areas (see CAA sections
189(a)(1) and 189(b)(1)). The Yolo-Solano AQMD regulates a PM-2.5
nonattainment area classified as moderate (see 40 CFR part 81), so
Rules 2.3, 2.11 and 2.12 must implement RACM/RACT.
Guidance and policy documents that we use to evaluate
enforceability and RACM/RACT requirements consistently include the
following:
1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations; Clarification to Appendix D of November 24, 1987 Federal
Register Notice,'' (Blue Book), notice of availability published in the
May 25, 1988 Federal Register.
2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
3. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
4. ``State Implementation Plans for Serious PM-10 Nonattainment
Areas, and Attainment Date Waivers for PM-10 Nonattainment Areas
Generally; Addendum to the General Preamble for the Implementation of
Title I of the Clean Air Act Amendments of 1990,'' 59 FR 41998 (August
16, 1994).
5. ``PM-10 Guideline Document,'' EPA 452/R-93-008, April 1993.
6. ``Fugitive Dust Background Document and Technical Information
Document for Best Available Control Measures,'' EPA 450/2-92-004,
September 1992.
B. Do the rules meet the evaluation criteria?
We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, RACT/RACM, and SIP relaxations. The
TSD has 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 May 18, 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 June 18, 2012. This will incorporate these
rules into the federally enforceable SIP.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
III. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that 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
[[Page 23135]]
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 June 18, 2012. 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, Particulate matter, Reporting
and recordkeeping requirements.
Dated: March 8, 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 (b)(11)(ii),
(c)(21)(xiv)(D) and (c)(381)(i)(I) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(b) * * *
(11) * * *
(ii) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Rule 2.7.
* * * * *
(c) * * *
(21) * * *
(xiv) * * *
(D) Previously approved on June 14, 1978 in paragraph
(c)(21)(xiv)(A) of this section and now deleted without replacement,
Rule 2.4.
* * * * *
(381) * * *
(i) * * *
(I) Yolo-Solano Air Quality Management District.
(1) Rule 2.3, ``Ringelmann Chart,'' revised on January 13, 2010.
(2) Rule 2.11, ``Particulate Matter Concentration,'' revised on
January 13, 2010.
(3) Rule 2.12, ``Specific Contaminants,'' revised on January 13,
2010.
* * * * *
[FR Doc. 2012-8947 Filed 4-17-12; 8:45 am]
BILLING CODE 6560-50-P
