Revision to the California State Implementation Plan, South Coast Air Quality Management District, 18853-18855 [2013-06423]
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Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Rules and Regulations
programs and policies unless doing so
would be inconsistent with applicable
law or otherwise impractical.
EPA believes that VCS are
inapplicable to this action. Today’s
action does not require the public to
perform activities conducive to the use
of VCS.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Population
Executive Order (EO) 12898 (59 FR
7629 (Feb. 16, 1994)) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA lacks the discretionary authority
to address environmental justice in this
rulemaking. In reviewing SIP
submissions, EPA’s role is to approve or
disapprove state choices, based on the
criteria of the Clean Air Act.
Accordingly, this action merely
withdraws previous approvals of certain
SIP revisions implementing a Federal
standard and disapproves the same
under section 110 of the Clean Air Act
and will not in-and-of itself create any
new requirements. Accordingly, it does
not provide EPA with the discretionary
authority to address, as appropriate,
disproportionate human health or
environmental effects, using practicable
and legally permissible methods, under
Executive Order 12898.
L. Petitions for Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by May 28, 2013.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
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: March 14, 2013.
Jared Blumenfeld,
Regional Administrator, EPA 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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
§ 52.220
[Amended]
2. Section 52.220 is amended by
removing and reserving paragraph
(c)(339)(ii)(B)(2).
■
srobinson on DSK4SPTVN1PROD with RULES
K. Congressional Review Act
[FR Doc. 2013–06905 Filed 3–27–13; 8:45 am]
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2012–0920; FRL–9779–2]
Revision to the California State
Implementation Plan, South Coast Air
Quality Management District
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action to approve a revision to the South
Coast Air Quality Management District
(SCAQMD) portion of the California
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18853
State Implementation Plan (SIP). This
revision concerns volatile organic
compounds (VOC) from organic liquid
storage. We are approving a local rule
that regulates these emission sources
under the Clean Air Act (CAA or the
Act).
DATES: This rule is effective on May 28,
2013 without further notice, unless EPA
receives adverse comments by April 29,
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–2012–0920], by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or Deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or email.
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send email
directly to EPA, your email address will
be automatically captured and included
as part of the public comment. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: Generally, documents in the
docket for this action are available
electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California. While all documents in the
docket are listed at
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps), and some may not
be publicly available in either location
E:\FR\FM\28MRR1.SGM
28MRR1
18854
Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Rules and Regulations
(e.g., CBI). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Cara
Peck, EPA Region IX, (415) 972–3382,
peck.cara@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 revision?
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rule?
B. Does the rule meet the evaluation
criteria?
C. EPA Recommendations to Further
Improve the Rule
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What rule did the state submit?
Table 1 lists the rule we are approving
with the dates that it was adopted by the
local air agency and submitted by the
California Air Resources Board.
TABLE 1—SUBMITTED RULES
Local agency
Rule #
SCAQMD .....................................
463
On March 13, 2012, EPA determined
that the submittal for SCAQMD Rule
463 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 approved an earlier version of
Rule 463 into the SIP on January 4,
2007. The SCAQMD adopted revisions
to the SIP-approved version on
November 4, 2011 and CARB submitted
them to us on February 23, 2012. While
we can act on only the most recently
submitted version, we have reviewed
materials provided with previous
submittals.
C. What is the purpose of the submitted
rule?
Volatile organic compounds (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.
SCAQMD Rule 463 controls VOC
emissions from above-ground storage
tanks used for storage of organic liquids.
EPA’s technical support document
(TSD) has more information about the
rule.
II. EPA’s Evaluation and Action
srobinson on DSK4SPTVN1PROD with RULES
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
as well as each major source in
nonattainment areas (see sections
182(a)(2) and (b)(2)), and must not relax
existing requirements (see sections
110(l) and 193). The SCAQMD regulates
an ozone nonattainment area (see 40
CFR part 81), so Rule 463 must fulfill
RACT.
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17:43 Mar 27, 2013
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Rule title
Amended
Organic Liquid Storage .....................................................................
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 of Volatile Organic
Emissions from Petroleum Liquid
Storage in External Floating Roof
Tanks,’’ EPA–450/2–78–047.
4. ‘‘Control of Volatile Organic
Emissions from Storage of Petroleum
Liquid in Fixed-Roof Tanks,’’ EPA–450/
2–77–036.
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.
C. EPA Recommendations To Further
Improve the Rule
There are no recommendations for the
next time the local agency modifies the
rule.
D. Public Comment and Final Action
As authorized in section 110(k)(3) of
the Act, EPA is fully approving the
submitted rule because we believe it
fulfills 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 rule. If we receive adverse
comments by April 29, 2013, we will
publish a timely withdrawal in the
Federal Register to notify the public
PO 00000
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Fmt 4700
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11/04/11
Submitted
02/23/12
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 May 28, 2013.
This will incorporate the rule into the
federally enforceable SIP.
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);
E:\FR\FM\28MRR1.SGM
28MRR1
srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Rules and Regulations
• 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 May 28, 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
VerDate Mar<15>2010
17:43 Mar 27, 2013
Jkt 229001
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,
Volatile organic compounds.
Dated: January 25, 2013.
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
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)(F) to read
as follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(411) * * *
(i) * * *
(F) South Coast Air Quality
Management District.
(1) Rule 463, ‘‘Organic Liquid
Storage,’’ amended on November 4,
2011.
*
*
*
*
*
[FR Doc. 2013–06423 Filed 3–27–13; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
42 CFR Part 88
[Docket No. CDC–2013–0002; NIOSH–261]
RIN 0920–AA48
World Trade Center Health Program
Eligibility Requirements for
Shanksville, Pennsylvania and
Pentagon Responders
Centers for Disease Control and
Prevention, HHS.
ACTION: Interim final rule with request
for comments.
AGENCY:
SUMMARY: Title I of the James Zadroga
9/11 Health and Compensation Act of
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18855
2010 amended the Public Health Service
Act (PHS Act) by adding Title XXXIII,
which establishes the World Trade
Center (WTC) Health Program. The WTC
Health Program is administered by the
Director of the National Institute for
Occupational Safety and Health
(NIOSH), within the Centers for Disease
Control and Prevention (CDC), in the
Department of Health and Human
Services (HHS), and provides medical
monitoring and treatment to eligible
firefighters and related personnel, law
enforcement officers, and rescue,
recovery, and cleanup workers who
responded to the September 11, 2001,
terrorist attacks in New York City,
Shanksville, Pennsylvania, and at the
Pentagon, and to eligible survivors of
the New York City attacks. Section
3311(a)(2)(C) of the PHS Act requires
the WTC Program Administrator
(Administrator) to develop eligibility
criteria for enrollment of Shanksville,
Pennsylvania and Pentagon responders.
This interim final rule establishes those
eligibility criteria.
DATES: This interim final rule will be
effective May 1, 2013. HHS invites
written comments from interested
parties on this interim final rule and on
the information collection approval
request sought under the Paperwork
Reduction Act. Comments must be
received by April 30, 2013.
ADDRESSES: You may submit comments,
identified by ‘‘RIN 0920–AA48,’’ by
either of the following methods:
• Internet: Access the Federal erulemaking portal at https://
www.regulations.gov. Follow the
instructions for submitting comments to
Docket No. CDC–2013–0002.
• Mail: NIOSH Docket Office, Robert
A. Taft Laboratories, MS–C34, 4676
Columbia Parkway, Cincinnati, OH
45226.
Instructions: All submissions received
must include the agency name and
docket number or Regulation Identifier
Number (RIN) for this rulemaking. All
relevant comments will be posted
without change to https://
www.regulations.gov and https://
www.cdc.gov/niosh/docket/review/
docket261/default.html, including any
personal information provided. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to
read background documents or
comments received, please go to
https://www.regulations.gov or https://
E:\FR\FM\28MRR1.SGM
28MRR1
]]>Agencies
[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Rules and Regulations]
[Pages 18853-18855]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06423]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2012-0920; FRL-9779-2]
Revision to the California State Implementation Plan, South Coast
Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve a revision to the
South Coast Air Quality Management District (SCAQMD) portion of the
California State Implementation Plan (SIP). This revision concerns
volatile organic compounds (VOC) from organic liquid storage. We are
approving a local rule that regulates these emission sources under the
Clean Air Act (CAA or the Act).
DATES: This rule is effective on May 28, 2013 without further notice,
unless EPA receives adverse comments by April 29, 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-
2012-0920], by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or Deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed at www.regulations.gov, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material, large maps), and some may not be publicly
available in either location
[[Page 18854]]
(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: Cara Peck, EPA Region IX, (415) 972-
3382, peck.cara@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 revision?
II. EPA's Evaluation and Action
A. How is EPA evaluating the rule?
B. Does the rule meet the evaluation criteria?
C. EPA Recommendations to Further Improve the Rule
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rule did the state submit?
Table 1 lists the rule we are approving with the dates that it was
adopted by the local air agency and submitted by the California Air
Resources Board.
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Rule
Local agency Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD................................... 463 Organic Liquid Storage.......... 11/04/11 02/23/12
----------------------------------------------------------------------------------------------------------------
On March 13, 2012, EPA determined that the submittal for SCAQMD
Rule 463 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 approved an earlier version of Rule 463 into the SIP on January
4, 2007. The SCAQMD adopted revisions to the SIP-approved version on
November 4, 2011 and CARB submitted them to us on February 23, 2012.
While we can act on only the most recently submitted version, we have
reviewed materials provided with previous submittals.
C. What is the purpose of the submitted rule?
Volatile organic compounds (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. SCAQMD Rule 463 controls VOC emissions from above-ground
storage tanks used for storage of organic liquids. EPA's technical
support document (TSD) has more information about the rule.
II. EPA's Evaluation and Action
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 as well as each major source in nonattainment areas (see
sections 182(a)(2) and (b)(2)), and must not relax existing
requirements (see sections 110(l) and 193). The SCAQMD regulates an
ozone nonattainment area (see 40 CFR part 81), so Rule 463 must fulfill
RACT.
Guidance and policy documents that we use to evaluate
enforceability and RACT requirements consistently include the
following:
1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook).
2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
3. ``Control of Volatile Organic Emissions from Petroleum Liquid
Storage in External Floating Roof Tanks,'' EPA-450/2-78-047.
4. ``Control of Volatile Organic Emissions from Storage of
Petroleum Liquid in Fixed-Roof Tanks,'' EPA-450/2-77-036.
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.
C. EPA Recommendations To Further Improve the Rule
There are no recommendations for the next time the local agency
modifies the rule.
D. Public Comment and Final Action
As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rule because we believe it fulfills 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 rule. If we
receive adverse comments by April 29, 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 May 28, 2013. This will incorporate the rule
into the federally enforceable SIP.
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);
[[Page 18855]]
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 May 28, 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, Volatile organic compounds.
Dated: January 25, 2013.
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 paragraph (c)(411)(i)(F) to read
as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(411) * * *
(i) * * *
(F) South Coast Air Quality Management District.
(1) Rule 463, ``Organic Liquid Storage,'' amended on November 4,
2011.
* * * * *
[FR Doc. 2013-06423 Filed 3-27-13; 8:45 am]
BILLING CODE 6560-50-P
