Revisions to the California State Implementation Plan, Antelope Valley Air Quality Management District, Santa Barbara County Air Pollution Control District, South Coast Air Quality Management District and Ventura County Air Pollution Control District, 25011-25013 [2013-10048]
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Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Proposed Rules
(ii) Official Patrol Vessels. Official
patrol vessels may consist of any Coast
Guard, Coast Guard Auxiliary, state, or
local law enforcement vessels assigned
or approved by the COTP Sector Long
Island Sound.
(iii) Spectators. All persons and
vessels not registered with the event
sponsor as participants or official patrol
vessels.
(2) Spectators desiring to enter or
operate within the regulated area should
contact the COTP Sector Long Island
Sound at 203–468–4401 (Sector LIS
command center) or the designated
representative via VHF channel 16 to
obtain permission to do so. Spectators
given permission to enter or operate in
the regulated area must comply with all
directions given to them by the COTP
Sector Long Island Sound or the
designated on-scene representative.
(3) Upon being hailed by an official
patrol vessel or the designated
representative, by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed. Failure
to comply with a lawful direction may
result in expulsion from the area,
citation for failure to comply, or both.
1. Fireworks barges used in this
location will have a sign on their port
and starboard side labeled
‘‘FIREWORKS—STAY AWAY’’. This
sign will consist of 10 inch high by 1.5
inch wide red lettering on a white
background.
Dated: April 8, 2013.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound.
[FR Doc. 2013–09852 Filed 4–26–13; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2012–0853; FRL–9806–4]
emcdonald on DSK67QTVN1PROD with PROPOSALS
Revisions to the California State
Implementation Plan, Antelope Valley
Air Quality Management District, Santa
Barbara County Air Pollution Control
District, South Coast Air Quality
Management District and Ventura
County Air Pollution Control District
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Proposed rule.
EPA is proposing to approve
revisions to the Antelope Valley Air
Quality Management District
(AVAQMD), Santa Barbara County Air
Pollution Control District (SBCAPCD),
South Coast Air Quality Management
District (SCAQMD) and Ventura County
Air Pollution Control District (VCAPCD)
portions of the California State
Implementation Plan (SIP). These
revisions concern Volatile Organic
Compounds (VOC) emissions from
motor vehicle and mobile equipment
coating operations and from graphic arts
operations. We are approving local rules
that regulate these emission sources
under the Clean Air Act (‘‘CAA’’ or ‘‘the
Act’’). We are taking comments on this
proposal and plan to follow with a final
action.
DATES: Any comments must arrive by
May 29, 2013.
ADDRESSES: Submit comments,
identified by docket number R09–OAR–
2012–0853, 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.
SUMMARY:
25011
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.
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?
II. EPA’s Evaluation and Action
A. How is EPA evaluating these 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 addressed by
this proposal with the dates that they
were amended or revised by the local air
agency and submitted by the California
Air Resources Board (CARB).
TABLE 1—SUBMITTED RULES
Local agency
AVAQMD ...........................
VerDate Mar<15>2010
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Rule No.
1151
Jkt 229001
Rule title
Amended/revised
Motor Vehicle and Mobile Equipment Coating Operations.
Amended 6/19/12 .............
PO 00000
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29APP1
Submitted
9/21/12
25012
Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Proposed Rules
TABLE 1—SUBMITTED RULES—Continued
Local agency
Rule No.
SBCAPCD ..........................
339
SCAQMD ...........................
Rule title
1151
VCAPCD ............................
74.18
VCAPCD ............................
74.19
On October 11, 2012 for AVAQMD
Rule 1151, November 18, 2008 for
SBCAPCD Rule 339, May 13, 2009 for
SCAQMD Rule 1151, April 20, 2009 for
VCAPCD Rule 74.18 and October 24,
2011 for VCAPCD Rule 74.19, EPA
determined that the submittals met the
completeness criteria in 40 CFR Part 51
Appendix V, which must be met before
formal EPA review.
B. Are there other versions of these
rules?
We approved an earlier version of the
following rules into the SIP: AVAQMD
Rule 1151 on April 10, 2000 (65 FR
18901), SBCAPCD Rule 339 on
November 13, 1998 (63 FR 63410),
SCAQMD Rule 1151 on May 26, 2000
(65 FR 34101), VCAPCD Rule 74.18 on
April 19, 2001 (66 FR 20086) and
VCAPCD Rule 74.19 on October 25,
1005 (70 FR 61561).
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. AVAQMD rule 1151,
SBCAPCD rule 339, SCAQMD rule 1151
and VCAPCD rule 74.18 are rules that
regulate VOC emissions from
automotive and mobile equipment
coating operations. VCAPCD rule 74.19
regulates VOC emissions from graphic
arts operations. EPA’s technical support
documents (TSDs) have more
information about these rules.
emcdonald on DSK67QTVN1PROD with PROPOSALS
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), 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). AVAQMD, SCQAMD
and VCAPCD regulate ozone
VerDate Mar<15>2010
14:14 Apr 26, 2013
Jkt 229001
Amended/revised
Motor Vehicle and Mobile Equipment Coating Operations.
Motor Vehicle and Mobile Equipment Non-Assembly
Line Coating Operations.
Motor Vehicle and Mobile Equipment Coating Operations.
Graphic Arts ................................................................
Revised 6/19/08 ...............
10/20/08
Amended 12/2/05 .............
4/6/09
Revised 11/11/08 .............
3/17/09
Revised 6/14/11 ...............
9/27/11
nonattainment areas (see 40 CFR part
81), so Rules AVAQMD 1151, SCQAMD
1151, VCAPCD 74.18 and VCAPCD
74.19 must fulfill RACT.
Guidance and policy documents that
we use to evaluate enforceability and
RACM/RACT requirements consistently
include the following:
1. ‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and Deviations;
Clarification to Appendix D of
November 24, 1987 Federal Register
Notice,’’ (Blue Book), notice of
availability published in the May 25,
1988 Federal Register.
2. ‘‘Guidance Document for Correcting
Common VOC & Other Rule
Deficiencies,’’ EPA Region 9, August 21,
2001 (the Little Bluebook).
3. ‘‘State Implementation Plans;
General Preamble for the
Implementation of Title I of the Clean
Air Act Amendments of 1990,’’ 57 FR
13498 (April 16, 1992); 57 FR 18070
(April 28, 1992).
3. ‘‘Control Technique Guidelines for
Emissions from Automobile
Refinishing’’ (EPA–450/3–88–009),
October 1988.
4. CARB Suggested Control Measure
(SCM) for ‘‘Automotive Coatings’’ as
approved by the Board on October 20,
2005.
5. ‘‘Control Techniques Guidelines for
Offset Lithographic Printing and
Letterpress Printing,’’ EPA 453/R–06–
002, September 2006.
6. ‘‘Control Techniques Guidelines for
Industrial Cleaning Solvents,’’ EPA 453/
R–06–001, September 2006.
B. Does the rule meet the evaluation
criteria?
We believe these rules are consistent
with the relevant policy and guidance
regarding enforceability, RACM/RACT,
and SIP relaxations. The TSDs have
more information on our evaluation.
C. EPA Recommendations to Further
Improve the Rule
The TSDs describe additional rule
revisions that we recommend for the
next time the local agencies modify the
rules. However, these recommendations
are not currently the basis for rule
disapproval.
PO 00000
Frm 00008
Fmt 4702
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Submitted
D. Public Comment and Final Action
Because EPA believes the submitted
rules fulfill all relevant requirements,
we are proposing to fully approve them
as described in section 110(k)(3) of the
Act. We will accept comments from the
public on this proposal for the next 30
days. Unless we receive convincing new
information during the comment period,
we intend to publish a final approval
action that will incorporate these rules
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);
• is not an economically significant
regulatory action based on health or
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Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Proposed Rules
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, these rules do not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Volatile organic compounds,
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 12, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2013–10048 Filed 4–26–13; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 405, 420, 424, and 498
[CMS–6045–P]
RIN 0938–AP01
emcdonald on DSK67QTVN1PROD with PROPOSALS
Medicare Program; Requirements for
the Medicare Incentive Reward
Program and Provider Enrollment
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Proposed rule.
AGENCY:
This proposed rule would
revise the Incentive Reward Program
provisions in § 420.405 and certain
provider enrollment requirements in
part 424, subpart P. The most significant
SUMMARY:
VerDate Mar<15>2010
14:14 Apr 26, 2013
Jkt 229001
of these revisions include: changing the
Incentive Reward Program potential
reward amount for information on
individuals and entities who are or have
engaged in acts or omissions which
resulted in the imposition of a sanction
from 10 percent of the overpayments
recovered in the case or $1,000,
whichever is less, to 15 percent of the
final amount collected applied to the
first $66,000,000 for the sanctionable
conduct; expanding the instances in
which a felony conviction can serve as
a basis for denial or revocation of a
provider or supplier’s enrollment; if
certain criteria are met, enabling us to
deny enrollment if the enrolling
provider, supplier, or owner thereof had
an ownership relationship with a
previously enrolled provider or supplier
that had a Medicare debt; enabling us to
revoke Medicare billing privileges if we
determine that the provider or supplier
has a pattern or practice of submitting
claims for services that fail to meet
Medicare requirements; and limiting the
ability of ambulance suppliers to
‘‘backbill’’ for services performed prior
to enrollment. We believe this proposed
rule would—increase the incentive for
individuals to report information on
individuals and entities that have or are
engaged in sanctionable conduct;
improve our ability to detect new fraud
schemes; and help us ensure that
fraudulent entities and individuals do
not enroll in or maintain their
enrollment in the Medicare program.
DATES: To be assured consideration,
comments must be received at one of
the addresses provided below, no later
than 5 p.m. on June 28, 2013.
ADDRESSES: In commenting, please refer
to file code CMS–6045–P. Because of
staff and resource limitations, we cannot
accept comments by facsimile (FAX)
transmission.
You may submit comments in one of
four ways (please choose only one of the
ways listed):
1. Electronically. You may submit
electronic comments on this regulation
to https://www.regulations.gov. Follow
the ‘‘Submit a comment’’ instructions.
2. By Regular Mail. You may mail
written comments to the following
address ONLY: Centers for Medicare &
Medicaid Services, Department of
Health and Human Services, Attention:
CMS–6045–P, P.O. Box 8013, Baltimore,
MD 21244–8013.
Please allow sufficient time for mailed
comments to be received before the
close of the comment period.
3. By Express or Overnight Mail. You
may send written comments to the
following address ONLY: Centers for
Medicare & Medicaid Services,
PO 00000
Frm 00009
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25013
Department of Health and Human
Services, Attention: CMS–6045–P, Mail
Stop C4–26–05, 7500 Security
Boulevard, Baltimore, MD 21244–1850.
4. By Hand or Courier. Alternatively,
you may deliver (by hand or courier)
your written comments ONLY to the
following addresses prior to the close of
the comment period:
a. For delivery in Washington, DC—
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, Room 445–G, Hubert
H. Humphrey Building, 200
Independence Avenue SW.,
Washington, DC 20201.
(Because access to the interior of the
Hubert H. Humphrey Building is not
readily available to persons without
federal government identification,
commenters are encouraged to leave
their comments in the CMS drop slots
located in the main lobby of the
building. A stamp-in clock is available
for persons wishing to retain a proof of
filing by stamping in and retaining an
extra copy of the comments being filed.)
b. For delivery in Baltimore, MD—
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, 7500 Security
Boulevard, Baltimore, MD 21244–1850.
If you intend to deliver your
comments to the Baltimore address, call
telephone number (410) 786–7195 in
advance to schedule your arrival with
one of our staff members.
Comments erroneously mailed to the
addresses indicated as appropriate for
hand or courier delivery may be delayed
and received after the comment period.
For information on viewing public
comments, see the beginning of the
SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT:
Morgan Burns, (202) 690–5145, for
issues related to the Incentive Reward
Program. Frank Whelan, (410) 786–
1302, for issues related to provider
enrollment.
SUPPLEMENTARY INFORMATION:
Inspection of Public Comments: All
comments received before the close of
the comment period are available for
viewing by the public, including any
personally identifiable or confidential
business information that is included in
a comment. We post all comments
received before the close of the
comment period on the following Web
site as soon as possible after they have
been received: https://
www.regulations.gov. Follow the search
instructions on that Web site to view
public comments.
Comments received timely will also
be available for public inspection as
they are received, generally beginning
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29APP1
]]>Agencies
[Federal Register Volume 78, Number 82 (Monday, April 29, 2013)]
[Proposed Rules]
[Pages 25011-25013]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10048]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2012-0853; FRL-9806-4]
Revisions to the California State Implementation Plan, Antelope
Valley Air Quality Management District, Santa Barbara County Air
Pollution Control District, South Coast Air Quality Management District
and Ventura County Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve revisions to the Antelope Valley
Air Quality Management District (AVAQMD), Santa Barbara County Air
Pollution Control District (SBCAPCD), South Coast Air Quality
Management District (SCAQMD) and Ventura County Air Pollution Control
District (VCAPCD) portions of the California State Implementation Plan
(SIP). These revisions concern Volatile Organic Compounds (VOC)
emissions from motor vehicle and mobile equipment coating operations
and from graphic arts operations. We are approving local rules that
regulate these emission sources under the Clean Air Act (``CAA'' or
``the Act''). We are taking comments on this proposal and plan to
follow with a final action.
DATES: Any comments must arrive by May 29, 2013.
ADDRESSES: Submit comments, identified by docket number R09-OAR-2012-
0853, 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: Adrianne Borgia, EPA Region IX, (415)
972-3576, borgia.adrianne@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?
II. EPA's Evaluation and Action
A. How is EPA evaluating these 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 addressed by this proposal with the dates
that they were amended or revised by the local air agency and submitted
by the California Air Resources Board (CARB).
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Amended/revised Submitted
----------------------------------------------------------------------------------------------------------------
AVAQMD............................ 1151 Motor Vehicle and Mobile Amended 6/19/12..... 9/21/12
Equipment Coating
Operations.
[[Page 25012]]
SBCAPCD........................... 339 Motor Vehicle and Mobile Revised 6/19/08..... 10/20/08
Equipment Coating
Operations.
SCAQMD............................ 1151 Motor Vehicle and Mobile Amended 12/2/05..... 4/6/09
Equipment Non-Assembly
Line Coating Operations.
VCAPCD............................ 74.18 Motor Vehicle and Mobile Revised 11/11/08.... 3/17/09
Equipment Coating
Operations.
VCAPCD............................ 74.19 Graphic Arts............. Revised 6/14/11..... 9/27/11
----------------------------------------------------------------------------------------------------------------
On October 11, 2012 for AVAQMD Rule 1151, November 18, 2008 for
SBCAPCD Rule 339, May 13, 2009 for SCAQMD Rule 1151, April 20, 2009 for
VCAPCD Rule 74.18 and October 24, 2011 for VCAPCD Rule 74.19, EPA
determined that the submittals met the completeness criteria in 40 CFR
Part 51 Appendix V, which must be met before formal EPA review.
B. Are there other versions of these rules?
We approved an earlier version of the following rules into the SIP:
AVAQMD Rule 1151 on April 10, 2000 (65 FR 18901), SBCAPCD Rule 339 on
November 13, 1998 (63 FR 63410), SCAQMD Rule 1151 on May 26, 2000 (65
FR 34101), VCAPCD Rule 74.18 on April 19, 2001 (66 FR 20086) and VCAPCD
Rule 74.19 on October 25, 1005 (70 FR 61561).
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. AVAQMD rule 1151,
SBCAPCD rule 339, SCAQMD rule 1151 and VCAPCD rule 74.18 are rules that
regulate VOC emissions from automotive and mobile equipment coating
operations. VCAPCD rule 74.19 regulates VOC emissions from graphic arts
operations. 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), 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). AVAQMD, SCQAMD and VCAPCD
regulate ozone nonattainment areas (see 40 CFR part 81), so Rules
AVAQMD 1151, SCQAMD 1151, VCAPCD 74.18 and VCAPCD 74.19 must fulfill
RACT.
Guidance and policy documents that we use to evaluate
enforceability and RACM/RACT requirements consistently include the
following:
1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations; Clarification to Appendix D of November 24, 1987 Federal
Register Notice,'' (Blue Book), notice of availability published in the
May 25, 1988 Federal Register.
2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
3. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
3. ``Control Technique Guidelines for Emissions from Automobile
Refinishing'' (EPA-450/3-88-009), October 1988.
4. CARB Suggested Control Measure (SCM) for ``Automotive Coatings''
as approved by the Board on October 20, 2005.
5. ``Control Techniques Guidelines for Offset Lithographic Printing
and Letterpress Printing,'' EPA 453/R-06-002, September 2006.
6. ``Control Techniques Guidelines for Industrial Cleaning
Solvents,'' EPA 453/R-06-001, September 2006.
B. Does the rule meet the evaluation criteria?
We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, RACM/RACT, and SIP relaxations. The
TSDs have more information on our evaluation.
C. EPA Recommendations to Further Improve the Rule
The TSDs describe additional rule revisions that we recommend for
the next time the local agencies modify the rules. However, these
recommendations are not currently the basis for rule disapproval.
D. Public Comment and Final Action
Because EPA believes the submitted rules fulfill all relevant
requirements, we are proposing to fully approve them as described in
section 110(k)(3) of the Act. We will accept comments from the public
on this proposal for the next 30 days. Unless we receive convincing new
information during the comment period, we intend to publish a final
approval action that will incorporate these rules 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);
is not an economically significant regulatory action based
on health or
[[Page 25013]]
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, these rules do not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Volatile organic
compounds, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 12, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2013-10048 Filed 4-26-13; 8:45 am]
BILLING CODE 6560-50-P
