Revisions to the California State Implementation Plan, for Imperial County, Placer County and Ventura County Air Pollution Control Districts, 72968-72970 [2012-29117]
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72968
Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations
Name of non-regulatory SIP
revision
*
*
*
2002 Base Year Emissions Inventory for the 1997 fine particulate matter (PM2.5) standard.
*
3. In § 52.1075, paragraph (m) is
added to read as follows:
Base year emissions inventory.
*
*
*
*
*
(m) EPA approves as a revision to the
Maryland State Implementation Plan the
2002 base year emissions inventory for
the Washington County, Maryland 1997
fine particulate matter (PM2.5)
nonattainment area submitted by the
Maryland Department of Environment
on June 6, 2008. The 2002 base year
emissions inventory includes emissions
estimates that cover the general source
categories of point sources, non-road
mobile sources, area sources, on-road
mobile sources, and biogenic sources.
The pollutants that comprise the
inventory are nitrogen oxides (NOX),
volatile organic compounds (VOCs),
PM2.5, coarse particles (PM10), ammonia
(NH3), and sulfur dioxide (SO2).
[FR Doc. 2012–29611 Filed 12–6–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2012–0120; FRL–9710–3]
Revisions to the California State
Implementation Plan, for Imperial
County, Placer County and Ventura
County Air Pollution Control Districts
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the
Imperial County Air Pollution Control
District (ICAPCD), Placer County Air
Pollution Control District (PCAPCD) and
Ventura County Air Pollution Control
District (PCAPCD) portions of the
California State Implementation Plan
srobinson on DSK4SPTVN1PROD with
SUMMARY:
EPA approval date
*
6/6/08
Washington County, Maryland
1997 PM2.5 nonattainment area.
■
§ 52.1075
State submittal
date
Applicable geographic area
Additional explanation
*
*
12/7/12 [Insert page number where the document
begins].
(SIP). Under authority of the Clean Air
Act as amended in 1990 (CAA or the
Act), we are approving local rules that
address emission statements for ICAPCD
and PCAPCD and definitions for
VCAPCD.
This rule is effective on February
5, 2013 without further notice, unless
EPA receives adverse comments by
January 7, 2013. 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–2012–0120, 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
DATES:
§ 52.1075(m)
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:
Cynthia Allen, EPA Region IX, (415)
947–4120, allen.cynthia@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. The State’s Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted
rules revisions?
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation
criteria?
C. Public Comment and Final Action
III. Statutory and Executive Order
Reviews
I. The State’s Submittal
A. What rules did the State submit?
Table 1 lists the rules we are
approving with the dates that they were
adopted by the local air agencies and
submitted by the California Air
Resources Board (CARB).
TABLE 1—SUBMITTED RULES
Local agency
Rule No.
ICAPCD ...........
VerDate Mar<15>2010
116
16:11 Dec 06, 2012
Adopted/
amended
Rule title
Emissions Statement and Certification ..........................................................
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Submitted
07/20/10
Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations
72969
TABLE 1—SUBMITTED RULES—Continued
Local agency
Rule No.
PCAPCD .........
VCAPCD .........
503
2
Emission Statement .......................................................................................
Definitions .......................................................................................................
On August 25, 2010, EPA determined
that the submittal for ICAPCD Rule 116
met the completeness criteria in 40 CFR
Part 51 Appendix V, which must be met
before formal EPA review. On January
13, 2011, and October 24, 2011,
respectively, the submittals of PCAPCD
Rule 503 and VCAPCD Rule 2 were
determined to meet the completeness
criteria.
B. Are there other versions of these
rules?
There are no previous versions of
ICAPCD Rule 116 and PCAPCD Rule
503 in the SIP. We approved an earlier
version of VCAPCD Rule 2 into the SIP
on March 7, 2011 (76 FR 12280).
C. What is the purpose of the submitted
rules revisions?
Section 110(a) of the CAA requires
states to submit regulations that control
volatile organic compounds, oxides of
nitrogen, particulate matter, and other
air pollutants which harm human health
and the environment. These rules were
developed as part of the local agency’s
program to control these pollutants.
ICAPCD Rule 116 will require owners
and/or operators of stationary sources
emitting VOC or NOX emissions to
provide the ICAPCD with an annual
statement of actual emissions of these
pollutants certified by a responsible
official of the company.
PCAPCD Rule 503 details how every
stationary source permitted by the
District with actual or potential
emissions in excess of 10 tons per year
or more of NOX or VOC report their
actual emissions. The rule describes the
District’s current emissions reporting
system using the Renewal Information
Request.
VCAPCD Rule 2 is being amended by
adding new definitions and revisions to
existing definitions.
EPA’s technical support documents
(TSD) have more information about
these rules.
srobinson on DSK4SPTVN1PROD with
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rules?
These rules describe administrative
provisions and definitions that support
emission controls found in other local
agency requirements. In combination
with the other requirements, these rules
must be enforceable (see section 110(a)
VerDate Mar<15>2010
16:11 Dec 06, 2012
Adopted/
amended
Rule title
Jkt 229001
of the Act) and must not relax existing
requirements (see sections 110(l) and
193). EPA policy that we used to
evaluate enforceability requirements
consistently includes the Bluebook
(‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and
Deviations,’’ EPA, May 25, 1988) and
the Little Bluebook (‘‘Guidance
Document for Correcting Common VOC
& Other Rule Deficiencies,’’ EPA Region
9, August 21, 2001).
B. Do the rules meet the evaluation
criteria?
We believe these rules are consistent
with the relevant policy and guidance
regarding enforceability and SIP
relaxations. The TSDs have more
information on our evaluation.
C. 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 January 7, 2013, 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 February 5,
2013. 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
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08/10/10
04/12/11
Submitted
12/10/10
09/27/11
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
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Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations
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 February 5, 2013.
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
srobinson on DSK4SPTVN1PROD with
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: July 19, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
VerDate Mar<15>2010
16:11 Dec 06, 2012
Jkt 229001
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(381)(i)(A)(6),
(389)(i)(B)(4), and (404)(i)(C) to read as
follows:
■
§ 52.220
This final rule is effective on
January 7, 2013.
ADDRESSES: The record for this
rulemaking is available for inspection
and copying at the Water Docket,
located at the EPA Docket Center (EPA/
DC), EPA West 1301 Constitution
Avenue NW., Washington, DC 20004.
The record is also available via the EPA
Dockets at https://www.regulations.gov
under docket number EPA–HQ–OW–
2012–0195.
FOR FURTHER INFORMATION CONTACT: For
further information on this notice, you
may contact Jeremy Bauer, EPA
Headquarters, Office of Water, Office of
Wastewater Management via email at
bauer.jeremy@epa.gov or telephone at
202–564–2775.
SUPPLEMENTARY INFORMATION:
DATES:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Identification of plan.
*
*
*
*
*
(c) * * *
(381) * * *
(i) * * *
(A) * * *
(6) Rule 116, ‘‘Emissions Statement
and Certification,’’ adopted on February
23, 2010.
*
*
*
*
*
(389) * * *
(i) * * *
(B) * * *
(4) Rule 503, ‘‘Emission Statement,’’
amended on August 12, 2010.
*
*
*
*
*
(404) * * *
(i) * * *
(C) Ventura County Air Pollution
Control District.
(1) Rule 2, ‘‘Definitions,’’ adopted on
October 22, 1968, as revised through
April 12, 2011.
*
*
*
*
*
[FR Doc. 2012–29117 Filed 12–6–12; 8:45 am]
BILLING CODE 6560–50–P
I. General Information
A. Applicability
This action does not impose
requirements on any entity. The action
clarifies the status of stormwater
discharges from logging roads. Those
with an interest in such discharges may
be interested in this action. If you have
questions regarding the applicability of
this rule, consult the person listed in the
preceding FOR FURTHER INFORMATION
CONTACT section.
B. Copies of This Document and Other
Information
This document is available for
download at https://www.epa.gov/npdes/
stormwater/forestroads or under docket
EPA–HQ–OW–2012–0195.
II. Background
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 122
[EPA–HQ–OW–2012–0195; FRL–9758–9]
RIN 2040–AF42
Revisions to Stormwater Regulations
To Clarify That an NPDES Permit Is Not
Required for Stormwater Discharges
From Logging Roads
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The EPA is revising its Phase
I stormwater regulations to clarify that
stormwater discharges from logging
roads do not constitute stormwater
discharges associated with industrial
activity and that a National Pollutant
Discharge Elimination System (NPDES)
permit is not required for these
stormwater discharges.
SUMMARY:
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A. Purpose
The EPA is promulgating this final
rule to address the stormwater
discharges identified under Northwest
Environmental Defense Center v. Brown,
640 F.3d 1063 (9th Cir. 2011) (NEDC).
The final rule clarifies that, for the
purposes of assessing whether
stormwater discharges are ‘‘associated
with industrial activity,’’ the only
facilities under SIC code 2411 that are
‘‘industrial’’ are: rock crushing, gravel
washing, log sorting, and log storage.
This clarifies, contrary to the Ninth
Circuit’s decision in NEDC, that
discharges of stormwater from
silviculture facilities other than the four
specifically named silviculture facilities
identified above do not require an
NPDES permit.1
1 This rulemaking responds to the uncertainty
created by the Ninth Circuit’s holding in NEDC that
certain channeled discharges of stormwater from
logging roads constitute point source discharges,
bringing them within the Section 402 NPDES
E:\FR\FM\07DER1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 236 (Friday, December 7, 2012)]
[Rules and Regulations]
[Pages 72968-72970]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29117]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2012-0120; FRL-9710-3]
Revisions to the California State Implementation Plan, for
Imperial County, Placer County and Ventura County Air Pollution Control
Districts
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve revisions to the
Imperial County Air Pollution Control District (ICAPCD), Placer County
Air Pollution Control District (PCAPCD) and Ventura County Air
Pollution Control District (PCAPCD) portions of the California State
Implementation Plan (SIP). Under authority of the Clean Air Act as
amended in 1990 (CAA or the Act), we are approving local rules that
address emission statements for ICAPCD and PCAPCD and definitions for
VCAPCD.
DATES: This rule is effective on February 5, 2013 without further
notice, unless EPA receives adverse comments by January 7, 2013. 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-
2012-0120, 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: Cynthia Allen, EPA Region IX, (415)
947-4120, allen.cynthia@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. The State's Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted rules revisions?
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rules did the State submit?
Table 1 lists the rules we are approving with the dates that they
were adopted by the local air agencies and submitted by the California
Air Resources Board (CARB).
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Adopted/
Local agency Rule No. Rule title amended Submitted
----------------------------------------------------------------------------------------------------------------
ICAPCD........................... 116 Emissions Statement and 02/23/10 07/20/10
Certification.
[[Page 72969]]
PCAPCD........................... 503 Emission Statement........... 08/10/10 12/10/10
VCAPCD........................... 2 Definitions.................. 04/12/11 09/27/11
----------------------------------------------------------------------------------------------------------------
On August 25, 2010, EPA determined that the submittal for ICAPCD
Rule 116 met the completeness criteria in 40 CFR Part 51 Appendix V,
which must be met before formal EPA review. On January 13, 2011, and
October 24, 2011, respectively, the submittals of PCAPCD Rule 503 and
VCAPCD Rule 2 were determined to meet the completeness criteria.
B. Are there other versions of these rules?
There are no previous versions of ICAPCD Rule 116 and PCAPCD Rule
503 in the SIP. We approved an earlier version of VCAPCD Rule 2 into
the SIP on March 7, 2011 (76 FR 12280).
C. What is the purpose of the submitted rules revisions?
Section 110(a) of the CAA requires states to submit regulations
that control volatile organic compounds, oxides of nitrogen,
particulate matter, and other air pollutants which harm human health
and the environment. These rules were developed as part of the local
agency's program to control these pollutants.
ICAPCD Rule 116 will require owners and/or operators of stationary
sources emitting VOC or NOX emissions to provide the ICAPCD
with an annual statement of actual emissions of these pollutants
certified by a responsible official of the company.
PCAPCD Rule 503 details how every stationary source permitted by
the District with actual or potential emissions in excess of 10 tons
per year or more of NOX or VOC report their actual
emissions. The rule describes the District's current emissions
reporting system using the Renewal Information Request.
VCAPCD Rule 2 is being amended by adding new definitions and
revisions to existing definitions.
EPA's technical support documents (TSD) have more information about
these rules.
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
These rules describe administrative provisions and definitions that
support emission controls found in other local agency requirements. In
combination with the other requirements, these rules must be
enforceable (see section 110(a) of the Act) and must not relax existing
requirements (see sections 110(l) and 193). EPA policy that we used to
evaluate enforceability requirements consistently includes the Bluebook
(``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988) and the Little Bluebook (``Guidance
Document for Correcting Common VOC & Other Rule Deficiencies,'' EPA
Region 9, August 21, 2001).
B. Do the rules meet the evaluation criteria?
We believe these rules are consistent with the relevant policy and
guidance regarding enforceability and SIP relaxations. The TSDs have
more information on our evaluation.
C. 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 January 7, 2013, 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 February 5, 2013. 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
[[Page 72970]]
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 February 5, 2013. 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, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: July 19, 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--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(381)(i)(A)(6),
(389)(i)(B)(4), and (404)(i)(C) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(381) * * *
(i) * * *
(A) * * *
(6) Rule 116, ``Emissions Statement and Certification,'' adopted on
February 23, 2010.
* * * * *
(389) * * *
(i) * * *
(B) * * *
(4) Rule 503, ``Emission Statement,'' amended on August 12, 2010.
* * * * *
(404) * * *
(i) * * *
(C) Ventura County Air Pollution Control District.
(1) Rule 2, ``Definitions,'' adopted on October 22, 1968, as
revised through April 12, 2011.
* * * * *
[FR Doc. 2012-29117 Filed 12-6-12; 8:45 am]
BILLING CODE 6560-50-P
