Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District, 24883-24885 [2012-10076]

Download as PDF Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Proposed Rules petty officer who has been designated by the Captain of the Port to act on his behalf. The on-scene representative of the Captain of the Port Detroit will be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port Detroit or his designated on scene representative may be contacted via VHF Channel 16. (4) Vessel operators desiring to enter or operate within the safety zone shall contact the Captain of the Port Detroit or his on-scene representative to obtain permission to do so. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port Detroit or his on-scene representative. Dated: March 29, 2012. J.E. Ogden, Captain, U.S. Coast Guard, Captain of the Port Detroit. [FR Doc. 2012–10021 Filed 4–25–12; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2012–0024; FRL–9664–3] Approval and Promulgation of Air Quality Implementation Plans; Virginia; Removal of Transcontinental Gas Pipe Line Corporation Permit From State Implementation Plan Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia removing the operating permit for the Transcontinental Gas Pipe Line Corporation (Transco) Station 175 from the Virginia SIP. In the Final Rules section of this Federal Register, EPA is approving the State’s SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties emcdonald on DSK29S0YB1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 15:15 Apr 25, 2012 Jkt 226001 interested in commenting on this action should do so at this time. DATES: Comments must be received in writing by May 29, 2012. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2012–0024 by one of the following methods: A. www.regulations.gov. Follow the on-line instructions for submitting comments. B. Email: fernandez.cristina@epa.gov. C. Mail: EPA–R03–OAR–2012–0024, Cristina Fernandez, Associate Director, Office of Air Quality Planning, Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previouslylisted EPA Region III address. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R03–OAR–2012– 0024. EPA’s policy is that all comments received 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 information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through ww.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 24883 not publicly available, i.e., 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 electronically in www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Virginia Department of Environmental Quality, 629 East Main Street, Richmond, Virginia 23219. FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814–2308, or by email at powers.marilyn@epa.gov. SUPPLEMENTARY INFORMATION: For further information, please see the information provided in the direct final action, with the same title, that is located in the ‘‘Rules and Regulations’’ section of this Federal Register. publication. Dated: April 12, 2012. W.C. Early, Acting, Regional Administrator, Region III. [FR Doc. 2012–9974 Filed 4–25–12; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2012–0266; FRL–9665–4] Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: 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 oxides of nitrogen (NOX) from solid fuel fired boilers, steam generators and process heaters. 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 May 29, 2012. ADDRESSES: Submit comments, identified by docket number EPA–R09– SUMMARY: E:\FR\FM\26APP1.SGM 26APP1 24884 Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Proposed Rules OAR–2012–0266, 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. 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: Andrew Steckel, EPA Region IX, (415) 947–4115, steckel.andrew@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to EPA. Table of Contents I. The State’s Submittal A. What rule did the State submit? B. Are there other versions of this rule? C. What is the purpose of the submitted rule? II. EPA’s Evaluation A. How is EPA evaluating the rule? B. Does the rule meet the evaluation criteria? C. EPA Recommendations To Further Improve the Rule III. EPA’s Proposed Action IV. Statutory and Executive Order Reviews I. The State’s Submittal A. What rule did the State submit? Table 1 identifies the rule addressed by this proposal with the date that it was adopted by the local air agency and submitted by the California Air Resources Board (CARB). TABLE 1—SUBMITTED RULE Local agency Rule No. SJVUAPCD ................................. 4352 On March 13, 2012, EPA determined that the submittal for SJVUAPCD Rule 4352 met the completeness criteria in 40 CFR Part 51 Appendix V, which must be met before formal EPA review. emcdonald on DSK29S0YB1PROD with PROPOSALS B. Are there other versions of this rule? We finalized a limited approval and limited disapproval of an earlier version of Rule 4352 on October 1, 2010 (75 FR 60623). That action incorporated Rule 4352 into the California SIP, including those provisions identified as deficient. C. What is the purpose of the submitted rule? NOX emissions help produce groundlevel ozone, smog and particulate matter, which harm human health and the environment. Section 110(a) of the CAA requires States to submit regulations that control NOX emissions. Rule 4352 limits NOX and carbon monoxide (CO) emissions from solid fuel fired boilers, steam generators and process heaters. EPA’s technical support document (TSD) has more information about this rule. II. EPA’s Evaluation A. How is EPA evaluating the rule? Generally, SIP rules must be enforceable (see section 110(a) of the VerDate Mar<15>2010 15:15 Apr 25, 2012 Jkt 226001 Rule title Amended Solid Fuel Fired Boilers, Steam Generators and Process Heaters Act), must require Reasonably Available Control Technology (RACT) for each category of sources covered by a Control Techniques Guidelines (CTG) document and each major source of NOX or VOC emissions in ozone nonattainment areas classified as moderate or above (see CAA sections 182(b)(2) and 182(f)), and must not relax existing requirements (see CAA sections 110(l) and 193). Section 172(c)(1) of the Act also requires implementation of all reasonably available control measures (RACM) as expeditiously as practicable in nonattainment areas. Because the San Joaquin Valley (SJV) area is designated nonattainment for the 1997 and 2006 fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS) and for the 1-hour and 8-hour ozone NAAQS (see 40 CFR 81.305), the RACM requirement in CAA section 172(c)(1) applies to this area.1 In 1 EPA generally takes action on a RACM demonstration as part of our action on the State’s attainment demonstration for the relevant NAAQS, based on an evaluation of the control measures submitted as a whole and their overall potential to advance the applicable attainment date in the area. See, e.g., 76 FR 69896 (November 9, 2011) (final rule partially approving and partially disapproving PM2.5 attainment plan for SJV); 77 FR 12652 (March 1, 2012) (final rule approving 8-hour ozone attainment plan for SJV). PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 12/15/11 Submitted 02/23/12 addition, because SJV is classified as ‘‘extreme’’ nonattainment for the 1-hour and 8-hour ozone NAAQS (see 40 CFR 81.305), the specific RACT requirement in CAA sections 182(b)(2) and (f) applies to all major sources of NOX or VOC in the SJV area. We are evaluating Rule 4352 for compliance with the NOX RACT requirement in CAA section 182 because the rule applies to major NOX emission sources. Guidance and policy documents that we use to evaluate enforceability and RACT requirements consistently include the following: 1. ‘‘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) (the General Preamble) and 57 FR 18070 (April 28, 1992) (Appendices). 2. ‘‘State Implementation Plans; Nitrogen Oxides Supplement to the General Preamble; Clean Air Act Amendments of 1990 Implementation of Title I; Proposed Rule,’’ 57 FR 55620, November 25, 1992 (the NOX Supplement). 2. ‘‘Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,’’ EPA, May 25, 1988 (the Bluebook). E:\FR\FM\26APP1.SGM 26APP1 Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Proposed Rules 3. ‘‘Guidance Document for Correcting Common VOC & Other Rule Deficiencies,’’ EPA Region 9, August 21, 2001 (the Little Bluebook). 4. ‘‘Determination of Reasonably Available Control Technology and Best Available Retrofit Control Technology for Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters,’’ CARB, July 18, 1991. 5. ‘‘Alternative Control Techniques Document—NOX Emissions from Industrial/Commercial/Institutional (ICI) Boilers,’’ US EPA 453/R–94–022, March 1994. 6. ‘‘Alternative Control Techniques Document— NOX Emissions from Utility Boilers,’’ US EPA 452/R–93–008, March 1994. B. Does the rule meet the evaluation criteria? We believe this rule is consistent with the relevant policy and guidance regarding enforceability, RACT, and SIP relaxations. The TSD has more information on our evaluation. On January 10, 2012, EPA partially approved and partially disapproved the RACT SIP submitted by California on June 18, 2009 for the SJV extreme ozone nonattainment area (2009 RACT SIP), based in part on our conclusion that the State had not fully satisfied CAA section 182 RACT requirements for solid fuel fired boiler operations. See 77 FR 1417, 1425 (January 10, 2012). Final approval of Rule 4352 would satisfy California’s obligation to implement RACT under CAA section 182 for this source category for the 1-hour ozone and 1997 8-hour ozone NAAQS and thereby terminate both the sanctions clocks and the Federal Implementation Plan (FIP) clock associated with this rule. emcdonald on DSK29S0YB1PROD with PROPOSALS C. EPA Recommendations To Further Improve the Rule The TSD describes additional rule revisions that we recommend for the next time the local agency modifies the rule. III. EPA’s Proposed Action Because EPA believes the submitted rule fulfills all applicable requirements and corrects all deficiencies identified in our October 1, 2010 action, we are proposing to fully approve it under section 110(k)(3) of the Act. We will accept comments from the public on this proposal for the next 30 days. IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the VerDate Mar<15>2010 15:15 Apr 25, 2012 Jkt 226001 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 proposed action merely proposes to approve State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this proposed 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 proposed action 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. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 24885 relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: April 13, 2012. Jared Blumenfeld, Regional Administrator, Region IX. [FR Doc. 2012–10076 Filed 4–25–12; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 105, 171, 172, 173, 177, 178, and 180 [Docket No. PHMSA–2011–0138 (HM–218G)] RIN 2137–AE78 Hazardous Materials; Miscellaneous Amendments (RRR) Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: PHMSA proposes to make miscellaneous amendments to the Hazardous Materials Regulations to update and clarify certain regulatory requirements. These proposed amendments are designed to promote safer transportation practices; eliminate unnecessary regulatory requirements; address a petition for rulemaking; incorporate a special permit into the Hazardous Materials Regulations; facilitate international commerce; and simplify the regulations. Among other provisions, PHMSA is proposing to update various entries in the Hazardous Materials Table and corresponding special provisions, clarify the lab pack requirements for temperature-controlled materials, and revise the training requirements to require that a hazardous material employer must make hazardous materials employee training records available upon request to an authorized official of the Department of Transportation (DOT) or the Department of Homeland Security (DHS). DATES: Comments must be received by June 25, 2012. ADDRESSES: You may submit comments by any of the following methods: • Federal Rulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: Dockets Management System; U.S. Department of Transportation, Dockets Operations, M–30, Ground SUMMARY: E:\FR\FM\26APP1.SGM 26APP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 77, Number 81 (Thursday, April 26, 2012)]
[Proposed Rules]
[Pages 24883-24885]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10076]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0266; FRL-9665-4]

Revisions to the California State Implementation Plan, San
Joaquin Valley Unified Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

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
oxides of nitrogen (NOX) from solid fuel fired boilers,
steam generators and process heaters. 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 May 29, 2012.

ADDRESSES: Submit comments, identified by docket number EPA-R09-

[[Page 24884]]

OAR-2012-0266, 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.
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: Andrew Steckel, EPA Region IX, (415)
947-4115, steckel.andrew@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
A. What rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted rule?
II. EPA's Evaluation
A. How is EPA evaluating the rule?
B. Does the rule meet the evaluation criteria?
C. EPA Recommendations To Further Improve the Rule
III. EPA's Proposed Action
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

Table 1 identifies the rule addressed by this proposal with the
date that it was adopted by the local air agency and submitted by the
California Air Resources Board (CARB).

Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD................................ 4352 Solid Fuel Fired Boilers, Steam 12/15/11 02/23/12
Generators and Process Heaters.
----------------------------------------------------------------------------------------------------------------

On March 13, 2012, EPA determined that the submittal for SJVUAPCD
Rule 4352 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 this rule?

We finalized a limited approval and limited disapproval of an
earlier version of Rule 4352 on October 1, 2010 (75 FR 60623). That
action incorporated Rule 4352 into the California SIP, including those
provisions identified as deficient.

C. What is the purpose of the submitted rule?

NOX emissions help produce ground-level ozone, smog and
particulate matter, which harm human health and the environment.
Section 110(a) of the CAA requires States to submit regulations that
control NOX emissions. Rule 4352 limits NOX and
carbon monoxide (CO) emissions from solid fuel fired boilers, steam
generators and process heaters. EPA's technical support document (TSD)
has more information about this rule.

II. EPA's Evaluation

A. How is EPA evaluating the rule?

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 and each major source of NOX or VOC emissions
in ozone nonattainment areas classified as moderate or above (see CAA
sections 182(b)(2) and 182(f)), and must not relax existing
requirements (see CAA sections 110(l) and 193). Section 172(c)(1) of
the Act also requires implementation of all reasonably available
control measures (RACM) as expeditiously as practicable in
nonattainment areas.
Because the San Joaquin Valley (SJV) area is designated
nonattainment for the 1997 and 2006 fine particulate matter
(PM2.5) National Ambient Air Quality Standards (NAAQS) and
for the 1-hour and 8-hour ozone NAAQS (see 40 CFR 81.305), the RACM
requirement in CAA section 172(c)(1) applies to this area.\1\ In
addition, because SJV is classified as ``extreme'' nonattainment for
the 1-hour and 8-hour ozone NAAQS (see 40 CFR 81.305), the specific
RACT requirement in CAA sections 182(b)(2) and (f) applies to all major
sources of NOX or VOC in the SJV area. We are evaluating
Rule 4352 for compliance with the NOX RACT requirement in
CAA section 182 because the rule applies to major NOX
emission sources.
---------------------------------------------------------------------------

\1\ EPA generally takes action on a RACM demonstration as part
of our action on the State's attainment demonstration for the
relevant NAAQS, based on an evaluation of the control measures
submitted as a whole and their overall potential to advance the
applicable attainment date in the area. See, e.g., 76 FR 69896
(November 9, 2011) (final rule partially approving and partially
disapproving PM2.5 attainment plan for SJV); 77 FR 12652
(March 1, 2012) (final rule approving 8-hour ozone attainment plan
for SJV).
---------------------------------------------------------------------------

Guidance and policy documents that we use to evaluate
enforceability and RACT requirements consistently include the
following:
1. ``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) (the General Preamble) and 57 FR 18070 (April
28, 1992) (Appendices).
2. ``State Implementation Plans; Nitrogen Oxides Supplement to the
General Preamble; Clean Air Act Amendments of 1990 Implementation of
Title I; Proposed Rule,'' 57 FR 55620, November 25, 1992 (the
NOX Supplement).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook).

[[Page 24885]]

3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
4. ``Determination of Reasonably Available Control Technology and
Best Available Retrofit Control Technology for Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters,'' CARB, July 18, 1991.
5. ``Alternative Control Techniques Document--NOX
Emissions from Industrial/Commercial/Institutional (ICI) Boilers,'' US
EPA 453/R-94-022, March 1994.
6. ``Alternative Control Techniques Document-- NOX
Emissions from Utility Boilers,'' US EPA 452/R-93-008, March 1994.

B. Does the rule meet the evaluation criteria?

We believe this rule is consistent with the relevant policy and
guidance regarding enforceability, RACT, and SIP relaxations. The TSD
has more information on our evaluation.
On January 10, 2012, EPA partially approved and partially
disapproved the RACT SIP submitted by California on June 18, 2009 for
the SJV extreme ozone nonattainment area (2009 RACT SIP), based in part
on our conclusion that the State had not fully satisfied CAA section
182 RACT requirements for solid fuel fired boiler operations. See 77 FR
1417, 1425 (January 10, 2012). Final approval of Rule 4352 would
satisfy California's obligation to implement RACT under CAA section 182
for this source category for the 1-hour ozone and 1997 8-hour ozone
NAAQS and thereby terminate both the sanctions clocks and the Federal
Implementation Plan (FIP) clock associated with this rule.

C. EPA Recommendations To Further Improve the Rule

The TSD describes additional rule revisions that we recommend for
the next time the local agency modifies the rule.

III. EPA's Proposed Action

Because EPA believes the submitted rule fulfills all applicable
requirements and corrects all deficiencies identified in our October 1,
2010 action, we are proposing to fully approve it under section
110(k)(3) of the Act. We will accept comments from the public on this
proposal for the next 30 days.

IV. 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 proposed action merely proposes to approve State law
as meeting Federal requirements and does not impose additional
requirements beyond those imposed by State law. For that reason, this
proposed 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 proposed action 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.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements.

Authority: 42 U.S.C. 7401 et seq.

Dated: April 13, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2012-10076 Filed 4-25-12; 8:45 am]
BILLING CODE 6560-50-P

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