Revisions to the California State Implementation Plan, San Diego County, Antelope Valley and Monterey Bay Unified Air Pollution Agencies, 58313-58315 [2012-21221]
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Federal Register / Vol. 77, No. 183 / Thursday, September 20, 2012 / Rules and Regulations
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 19,
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. 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,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: July 26, 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)(411)(i)(B) to read
as follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(411) * * *
(i) * * *
(B) San Joaquin Valley Air Pollution
Control District.
(1) Rule 4682, ‘‘Polystyrene,
Polyethylene, and Polypropylene
Products Manufacturing,’’ amended on
December 15, 2011.
*
*
*
*
*
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2012–0550; FRL–9718–1]
Revisions to the California State
Implementation Plan, San Diego
County, Antelope Valley and Monterey
Bay Unified Air Pollution Agencies
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the San
Diego County Air Pollution Control
District (SDCAPCD), Monterey Bay
Unified Air Pollution Control District
(MBUAPCD) and Antelope Valley Air
Quality Management District
(AVAQMD) portions of the California
State Implementation Plan (SIP). These
revisions concern volatile organic
compound (VOC) emissions from
coating of metal containers, closures
and coils, from graphic arts operations,
from the provision of sampling and
testing facilities required for permitting
and from adhesives and sealant
applications. 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
November 19, 2012 without further
notice, unless EPA receives adverse
comments by October 22, 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–2012–0550, 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
SUMMARY:
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58313
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:
Adrianne Borgia, EPA Region IX, (415)
972–3576, borgia.adrianne@epa.gov.
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 agencies and
submitted by the California Air
Resources Board (CARB).
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Federal Register / Vol. 77, No. 183 / Thursday, September 20, 2012 / Rules and Regulations
TABLE 1—SUBMITTED RULES
Local agency
SDCAPCD ...
SDCAPCD ...
Rule No.
67.4
67.16
Local agency
205
1168
Adopted & effective
Surface Coating of Metal Parts and Products .........................
Miscellaneous Coating .............................................................
11/9/11, 11/9/11 ......................
11/9/11, 5/9/12 ........................
Rule title
Revised or amended
Provision of Sampling and Testing Facilities ...........................
Adhesive and Sealant Applications .........................................
Revised 03/21/01 ....................
Amended 09/20/11 .................
Rule No.
MBUAPCD ...
AVAQMD .....
Rule title
B. Are there other versions of these
rules?
We approved an earlier version of
SDCAPCD Rule 67.4 into the SIP on
November 3, 1997 (62 FR 59284) and an
earlier version of SDCAPCD Rule 67.16
was approved into the SIP on March 27,
1997 (62 FR 14639). An earlier version
of MBUAPCD Rule 205 was approved
into the SIP on July 13, 1987 (52 FR
26148). There are no approved earlier
versions of AVAQMD Rule 1168.
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 by limiting VOC content in
coatings and solvents. EPA’s technical
support documents (TSDs) have more
information about these rules.
II. EPA’s Evaluation and Action
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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(1) and
193). In addition, SIP rules must
implement Reasonably Available
Control Measures (RACM), including
Reasonably Available Control
Technology (RACT), in moderate and
above ozone nonattainment areas.
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. ‘‘Control Techniques Guidelines for
Control of Volatile Organic Emissions
from Existing Stationary Sources,
Volume II: Surface Coating of Cans,
Coils, Paper, Fabrics, Automobiles and
Light-Duty Trucks’’ EPA, May 1977
(EPA–450/2–76–028),
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4. ‘‘Control Techniques Guidelines for
Miscellaneous Metal and Plastic Parts
Coatings’’, EPA, September 2008 (EPA–
453/R–08–003),
5. ‘‘Control Techniques Guidelines for
Control of Volatile Organic Emissions
from Solvent Metal Cleaning’’, EPA,
September 2006 (EPA 453/–06–001),
6. ‘‘Control Techniques Guidelines for
Control of Volatile Organic Emissions
from Existing Stationary Sources,
Volume I: Control Methods for Surface
Coating Operations’’, EPA, November
1976 (EPA–450/2–76–028),
7. ‘‘Control Techniques Guidelines for
Offset Lithographic Printing and
Letterpress Printing’’, EPA, September
2006 (EPA–453/R–06–002),
8. ‘‘Control Techniques Guidelines for
Flexible Package Printing’’, EPA,
September 2006 (EPA–453/R–06–003),
9. ‘‘Control Techniques Guidelines for
Industrial Cleaning Solvents’’, EPA,
September 2006 (EPA 453/R–06–001),
10. ‘‘Control Techniques Guidelines
for Miscellaneous Industrial
Adhesives’’, EPA, September 2008
(EPA–453/R–08–005) and
11. ‘‘Determination of Reasonably
Available Control Technology (RACT)
and Best Available Retrofit Control
Technology (BARCT) for Adhesives and
Sealants’’, CARB, December, 1998
B. Do the rules meet the evaluation
criteria?
We believe these rules are consistent
with the relevant policy and guidance
regarding enforceability, RACT and SIP
relaxations. The TSDs have more
information on our evaluation.
C. EPA Recommendations To Further
Improve the Rules
The TSDs describe additional rule
revisions that 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
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Submitted
02/23/12
02/23/12
Submitted
05/31/01
02/23/12
the Proposed Rules section of this
Federal Register, we are simultaneously
proposing approval of the same
submitted rules. If we receive adverse
comments by October 22, 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 November 19,
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.);
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Federal Register / Vol. 77, No. 183 / Thursday, September 20, 2012 / Rules and Regulations
• 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 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 November 19,
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
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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)).
58315
(1) Rule 1168, ‘‘Adhesive and Sealant
Applications,’’ amended on September
20, 2011.
[FR Doc. 2012–21221 Filed 9–19–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
[EPA–R06–RCRA–2010–0066; SW FRL–
9730–5]
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste; Final Exclusion
List of Subjects in 40 CFR Part 52
AGENCY:
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
SUMMARY:
Dated: August 3, 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)(282)(i)(C) and
(411)(i)(C) and (D) to read as follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(282) * * *
(i) * * *
(C) Monterey Bay Unified Air
Pollution Control District
(1) Rule 205, ‘‘Provision of Sampling
and Testing Facilities,’’ revised on
March 21, 2001.
*
*
*
*
*
(411) * * *
(i) * * *
(C) San Diego County Air Pollution
Control District
(1) Rule 67.4, ‘‘Metal Container, Metal
Closure and Metal Coil Coating
Operations,’’ adopted and effective on
November 9, 2011.
(2) Rule 67.16, ‘‘Graphic Arts
Operations,’’ adopted on November 9,
2011 and effective on May 9, 2012.
(D) Antelope Valley Air Quality
Management District
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Environmental Protection
Agency.
ACTION: Final rule.
The Environmental Protection
Agency (EPA) is granting a petition
submitted by ExxonMobil Refining and
Supply Company (ExxonMobil)
Baytown Refinery to exclude from
hazardous waste control (or delist) a
certain solid waste. This final rule
responds to the petition submitted by
ExxonMobil to have the F039 underflow
water generated at the North Landfarm
(NLF) in Baytown, Texas excluded, or
delisted, from the definition of a
hazardous waste.
After careful analysis and evaluation
of comments submitted by the public,
the EPA has concluded that the
petitioned wastes are not hazardous
waste when disposed of in Subtitle D
landfills. This exclusion applies to
7,427 cubic yards per year of the F039
underflow water. Accordingly, this final
rule excludes the petitioned waste from
the requirements of hazardous waste
regulations under the Resource
Conservation and Recovery Act (RCRA)
when disposed of in Subtitle D landfills
but imposes testing conditions to ensure
that the future-generated wastes remain
qualified for delisting.
DATES: Effective Date: September 20,
2012.
The public docket for this
final rule is located at the U.S.
Environmental Protection Agency
Region 6, 1445 Ross Avenue, Dallas,
Texas 75202, and is available for
viewing in the EPA Freedom of
Information Act review room on the 7th
floor from 9:00 a.m. to 4:00 p.m.,
Monday through Friday, excluding
Federal holidays. Call (214) 665–6444
for appointments. The reference number
for this docket is EPA–R06–RCRA–
2012–0138. The public may copy
material from any regulatory docket at
no cost for the first 100 pages and at a
ADDRESSES:
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]]>Agencies
[Federal Register Volume 77, Number 183 (Thursday, September 20, 2012)]
[Rules and Regulations]
[Pages 58313-58315]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21221]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2012-0550; FRL-9718-1]
Revisions to the California State Implementation Plan, San Diego
County, Antelope Valley and Monterey Bay Unified Air Pollution Agencies
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve revisions to the
San Diego County Air Pollution Control District (SDCAPCD), Monterey Bay
Unified Air Pollution Control District (MBUAPCD) and Antelope Valley
Air Quality Management District (AVAQMD) portions of the California
State Implementation Plan (SIP). These revisions concern volatile
organic compound (VOC) emissions from coating of metal containers,
closures and coils, from graphic arts operations, from the provision of
sampling and testing facilities required for permitting and from
adhesives and sealant applications. 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 November 19, 2012 without further
notice, unless EPA receives adverse comments by October 22, 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-
2012-0550, 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: Adrianne Borgia, EPA Region IX, (415)
972-3576, borgia.adrianne@epa.gov.
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 agencies and submitted by the California
Air Resources Board (CARB).
[[Page 58314]]
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Adopted & effective Submitted
----------------------------------------------------------------------------------------------------------------
SDCAPCD.................. 67.4 Surface Coating of Metal 11/9/11, 11/9/11....... 02/23/12
Parts and Products.
SDCAPCD.................. 67.16 Miscellaneous Coating........ 11/9/11, 5/9/12........ 02/23/12
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Revised or amended Submitted
----------------------------------------------------------------------------------------------------------------
MBUAPCD.................. 205 Provision of Sampling and Revised 03/21/01....... 05/31/01
Testing Facilities.
AVAQMD................... 1168 Adhesive and Sealant Amended 09/20/11....... 02/23/12
Applications.
----------------------------------------------------------------------------------------------------------------
B. Are there other versions of these rules?
We approved an earlier version of SDCAPCD Rule 67.4 into the SIP on
November 3, 1997 (62 FR 59284) and an earlier version of SDCAPCD Rule
67.16 was approved into the SIP on March 27, 1997 (62 FR 14639). An
earlier version of MBUAPCD Rule 205 was approved into the SIP on July
13, 1987 (52 FR 26148). There are no approved earlier versions of
AVAQMD Rule 1168.
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 by limiting VOC
content in coatings and solvents. 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(1) and
193). In addition, SIP rules must implement Reasonably Available
Control Measures (RACM), including Reasonably Available Control
Technology (RACT), in moderate and above ozone nonattainment areas.
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. ``Control Techniques Guidelines for Control of Volatile Organic
Emissions from Existing Stationary Sources, Volume II: Surface Coating
of Cans, Coils, Paper, Fabrics, Automobiles and Light-Duty Trucks''
EPA, May 1977 (EPA-450/2-76-028),
4. ``Control Techniques Guidelines for Miscellaneous Metal and
Plastic Parts Coatings'', EPA, September 2008 (EPA-453/R-08-003),
5. ``Control Techniques Guidelines for Control of Volatile Organic
Emissions from Solvent Metal Cleaning'', EPA, September 2006 (EPA 453/-
06-001),
6. ``Control Techniques Guidelines for Control of Volatile Organic
Emissions from Existing Stationary Sources, Volume I: Control Methods
for Surface Coating Operations'', EPA, November 1976 (EPA-450/2-76-
028),
7. ``Control Techniques Guidelines for Offset Lithographic Printing
and Letterpress Printing'', EPA, September 2006 (EPA-453/R-06-002),
8. ``Control Techniques Guidelines for Flexible Package Printing'',
EPA, September 2006 (EPA-453/R-06-003),
9. ``Control Techniques Guidelines for Industrial Cleaning
Solvents'', EPA, September 2006 (EPA 453/R-06-001),
10. ``Control Techniques Guidelines for Miscellaneous Industrial
Adhesives'', EPA, September 2008 (EPA-453/R-08-005) and
11. ``Determination of Reasonably Available Control Technology
(RACT) and Best Available Retrofit Control Technology (BARCT) for
Adhesives and Sealants'', CARB, December, 1998
B. Do the rules meet the evaluation criteria?
We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, RACT and SIP relaxations. The TSDs
have more information on our evaluation.
C. EPA Recommendations To Further Improve the Rules
The TSDs describe additional rule revisions that 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 October 22, 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 November 19, 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.);
[[Page 58315]]
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 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 November 19, 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, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: August 3, 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)(282)(i)(C) and
(411)(i)(C) and (D) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(282) * * *
(i) * * *
(C) Monterey Bay Unified Air Pollution Control District
(1) Rule 205, ``Provision of Sampling and Testing Facilities,''
revised on March 21, 2001.
* * * * *
(411) * * *
(i) * * *
(C) San Diego County Air Pollution Control District
(1) Rule 67.4, ``Metal Container, Metal Closure and Metal Coil
Coating Operations,'' adopted and effective on November 9, 2011.
(2) Rule 67.16, ``Graphic Arts Operations,'' adopted on November 9,
2011 and effective on May 9, 2012.
(D) Antelope Valley Air Quality Management District
(1) Rule 1168, ``Adhesive and Sealant Applications,'' amended on
September 20, 2011.
[FR Doc. 2012-21221 Filed 9-19-12; 8:45 am]
BILLING CODE 6560-50-P
