Revisions to the California State Implementation Plan, Placer, Santa Barbara and Ventura County Air Pollution Control Districts, 53680-53682 [2013-20917]

Download as PDF 53680 Federal Register / Vol. 78, No. 169 / Friday, August 30, 2013 / Rules and Regulations Sector Detroit or his designated onscene representative. (3) The ‘‘on-scene representative’’ of the Captain of the Port, Sector Detroit is any Coast Guard commissioned, warrant or petty officer or a Federal, State, or local law enforcement officer designated by or assisting the Captain of the Port, Sector Detroit to act on his behalf. (4) Vessel operators desiring to enter or operate within the safety zone shall contact the Captain of the Port, Sector Detroit or his on-scene representative to obtain permission to do so. The Captain of the Port, Sector Detroit or his onscene representative may be contacted via VHF Channel 16 or at 313–568– 9464. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port, Sector Detroit, or his on-scene representative. Dated: August 15, 2013. J.E. Ogden, Captain, U.S. Coast Guard, Captain of the Port Detroit. [FR Doc. 2013–21177 Filed 8–29–13; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2013–0453; FRL–9835–4] Revisions to the California State Implementation Plan, Placer, Santa Barbara 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 Placer County Air Pollution Control District (PCAPCD), Santa Barbara County Air Pollution Control District (SBCAPCD) and Ventura County Air Pollution SUMMARY: Control District (VCAPCD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from adhesives and sealants. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). DATES: This rule is effective on October 29, 2013 without further notice, unless EPA receives adverse comments by September 30, 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–2013–0453, by one of the following methods: 1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-line instructions. 2. Email: steckel.andrew@epa.gov. 3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901. Instructions: All comments will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through www.regulations.gov or email. www.regulations.gov is an ‘‘anonymous access’’ system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send email directly to EPA, your email address will be automatically captured and included as part of the public comment. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: Generally, documents in the docket for this action are available electronically at www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed at www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Adrianne Borgia, EPA Region IX, (415) 972–3576, borgia.adrianne@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. The State’s Submittal A. What rules did the State submit? B. Are there other versions of these rules? C. What is the purpose of the submitted rules? II. EPA’s Evaluation and Action A. How is EPA evaluating the rules? B. Do the rules meet the evaluation criteria? C. EPA Recommendations To Further Improve the Rules D. Public Comment and Final Action III. Statutory and Executive Order Reviews I. The State’s Submittal A. What rules did the State submit? Table 1 lists the rules we are approving with the dates that they were adopted by the local air agencies and submitted by the California Air Resources Board (CARB). TABLE 1—SUBMITTED RULES Local agency Rule No. ehiers on DSK2VPTVN1PROD with RULES PCAPCD ......................................... SBCAPCD ...................................... VCAPCD ......................................... 235 353 74.20 B. Are there other versions of these rules? We approved an earlier version of PCAPCD Rule 235 into the SIP on July 18, 1996 (61 FR 37390). A previous version of SBCAPCD 353 was approved into the SIP on April 5, 2000 (65 FR VerDate Mar<15>2010 14:23 Aug 29, 2013 Jkt 229001 Rule title Amended/revised Adhesives ....................................... Adhesives and Sealants ................ Adhesives and Sealants ................ Amended 10/11/12 ......................... Revised 06/21/12 ........................... Revised 09/11/12 ........................... 17771). The most recent version of VCAPCD Rule 74.20 was approved into the SIP on 11/24/2008 (70 FR 70883, November 23, 2005). PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 Submitted 02/06/13 09/21/12 04/22/13 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 E:\FR\FM\30AUR1.SGM 30AUR1 Federal Register / Vol. 78, No. 169 / Friday, August 30, 2013 / Rules and Regulations emissions by limiting VOC content in adhesives and sealants. EPA’s technical support documents (TSDs) have more information about these rules. II. EPA’s Evaluation and Action A. How is EPA evaluating the rules? Generally, SIP rules must be enforceable (see section 110(a) of the Act), and must not relax existing requirements (see sections 110(1) and 193). In addition, SIP rules must implement Reasonably Available Control Measures (RACM), including Reasonably Available Control Technology (RACT), in moderate and above ozone nonattainment areas. Guidance and policy documents that we use to evaluate enforceability and RACT requirements consistently include the following: 1. ‘‘Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations’’ EPA, May 25, 1988 (the Bluebook), 2. ‘‘Guidance Document for Correcting Common VOC & Other Rule Deficiencies’’ EPA, Region 9, August 21, 2001 (the Little Bluebook), 3. ‘‘Control Techniques Guidelines for Control Techniques Guidelines for Miscellaneous Industrial Adhesives’’ EPA, December 1977 (EPA–453/R–08– 005), 4. ‘‘Control Techniques Guidelines for Control of Volatile Organic Compound Emissions from Industrial Cleaning Solvents’’, EPA, September 2006 (EPA– 453/R–06–001) B. Do the rules meet the evaluation criteria? We believe these rules are consistent with the relevant policy and guidance regarding enforceability, RACT and SIP relaxations. The TSDs have more information on our evaluation. ehiers on DSK2VPTVN1PROD with RULES C. EPA Recommendations To Further Improve the Rules The TSDs describe additional rule revisions that we recommend for the next time the local agency modifies the rules. D. Public Comment and Final Action As authorized in section 110(k)(3) of the Act, EPA is fully approving the submitted rules because we believe they fulfill all relevant requirements. We do not think anyone will object to this approval, so we are finalizing it without proposing it in advance. However, in the Proposed Rules section of this Federal Register, we are simultaneously proposing approval of the same submitted rules. If we receive adverse comments by September 30, 2013, we will publish a timely withdrawal in the Federal Register to notify the public VerDate Mar<15>2010 14:23 Aug 29, 2013 Jkt 229001 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 October 29, 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 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 53681 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 October 29, 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)). E:\FR\FM\30AUR1.SGM 30AUR1 53682 Federal Register / Vol. 78, No. 169 / Friday, August 30, 2013 / Rules and Regulations List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: June 28, 2013. Alexis Strauss, Acting Regional Administrator, Region IX. 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)(423)(i)(E)(2), (c)(428), and (c)(429) to read as follows: ■ Identification of plan. ehiers on DSK2VPTVN1PROD with RULES * * * * (c) * * * (423) * * * (i) * * * (E) * * * (2) Rule 353, ‘‘Adhesives and Sealants,’’ revised on June 21, 2012. * * * * * (428) New and amended regulations for the following APCDs was submitted on February 6, 2013, by the Governor’s Designee. (i) Incorporation by Reference. (A) Placer County Air Pollution Control District. (1) Rule 235, ‘‘Adhesives,’’ amended on October 11, 2012. (429) New and amended regulations for the following APCDs was submitted on April 22, 2013, by the Governor’s Designee. (i) Incorporation by Reference. (A) Ventura County Air Pollution Control District. (1) Rule 74.20, ‘‘Adhesives and Sealants,’’ revised on September 11, 2012. [FR Doc. 2013–20917 Filed 8–29–13; 8:45 am] BILLING CODE 6560–50–P VerDate Mar<15>2010 14:23 Aug 29, 2013 Jkt 229001 [EPA–HQ–OPP–2011–0360; FRL–9394–9] Tetrachlorvinphos; Pesticide Tolerances Environmental Protection Agency (EPA). ACTION: Final rule. PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS * 40 CFR Part 180 AGENCY: Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: § 52.220 ENVIRONMENTAL PROTECTION AGENCY This regulation amends the existing time-limited interim tolerances by converting them to permanent tolerances for the combined residues of the insecticide tetrachlorvinphos, including its metabolites, in or on multiple commodities identified in this document, under the Federal Food, Drug, and Cosmetic Act (FFDCA). DATES: This regulation is effective August 30, 2013. Objections and requests for hearings must be received on or before October 29, 2013, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2011–0360, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460–0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPP Docket is (703) 305–5805. Please review the visitor instructions and additional information about the docket available at https://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Lois Rossi, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (703) 305–7090; email address: RDFRNotices@epa.gov. SUMMARY: SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). B. How can I get electronic access to other related information? You may access a frequently updated electronic version of 40 CFR part 180 through the Government Printing Office’s eCFR site at https:// www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 40tab_02.tpl. C. How can I file an objection or hearing request? Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA–HQ– OPP–2011–0360 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing, and must be received by the Hearing Clerk on or before October 29, 2013. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b). In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified by docket ID number EPA–HQ–OPP– 2011–0360, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute. • Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/ E:\FR\FM\30AUR1.SGM 30AUR1

Agencies

[Federal Register Volume 78, Number 169 (Friday, August 30, 2013)]
[Rules and Regulations]
[Pages 53680-53682]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20917]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0453; FRL-9835-4]


Revisions to the California State Implementation Plan, Placer, 
Santa Barbara 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 
Placer County Air Pollution Control District (PCAPCD), Santa Barbara 
County Air Pollution Control District (SBCAPCD) and Ventura County Air 
Pollution Control District (VCAPCD) portions of the California State 
Implementation Plan (SIP). These revisions concern volatile organic 
compound (VOC) emissions from adhesives and sealants. We are approving 
local rules that regulate these emission sources under the Clean Air 
Act as amended in 1990 (CAA or the Act).

DATES: This rule is effective on October 29, 2013 without further 
notice, unless EPA receives adverse comments by September 30, 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-
2013-0453, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email: steckel.andrew@epa.gov.
    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at www.regulations.gov, 
including any personal information provided, unless the comment 
includes Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Information that you 
consider CBI or otherwise protected should be clearly identified as 
such and should not be submitted through www.regulations.gov or email. 
www.regulations.gov is an ``anonymous access'' system, and EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send email directly to EPA, your email 
address will be automatically captured and included as part of the 
public comment. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses.
    Docket: Generally, documents in the docket for this action are 
available electronically at www.regulations.gov and in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California. While all 
documents in the docket are listed at www.regulations.gov, some 
information may be publicly available only at the hard copy location 
(e.g., copyrighted material, large maps), and some may not be publicly 
available in either location (e.g., CBI). To inspect the hard copy 
materials, please schedule an appointment during normal business hours 
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Adrianne Borgia, EPA Region IX, (415) 
972-3576, borgia.adrianne@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Rules
    D. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules we are approving with the dates that they 
were adopted by the local air agencies and submitted by the California 
Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
           Local agency                Rule No.           Rule title          Amended/revised        Submitted
----------------------------------------------------------------------------------------------------------------
PCAPCD............................             235  Adhesives............  Amended 10/11/12.....        02/06/13
SBCAPCD...........................             353  Adhesives and          Revised 06/21/12.....        09/21/12
                                                     Sealants.
VCAPCD............................           74.20  Adhesives and          Revised 09/11/12.....        04/22/13
                                                     Sealants.
----------------------------------------------------------------------------------------------------------------

B. Are there other versions of these rules?

    We approved an earlier version of PCAPCD Rule 235 into the SIP on 
July 18, 1996 (61 FR 37390). A previous version of SBCAPCD 353 was 
approved into the SIP on April 5, 2000 (65 FR 17771). The most recent 
version of VCAPCD Rule 74.20 was approved into the SIP on 11/24/2008 
(70 FR 70883, November 23, 2005).

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

[[Page 53681]]

emissions by limiting VOC content in adhesives and sealants. EPA's 
technical support documents (TSDs) have more information about these 
rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the 
Act), and must not relax existing requirements (see sections 110(1) and 
193). In addition, SIP rules must implement Reasonably Available 
Control Measures (RACM), including Reasonably Available Control 
Technology (RACT), in moderate and above ozone nonattainment areas. 
Guidance and policy documents that we use to evaluate enforceability 
and RACT requirements consistently include the following:
    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations'' EPA, May 25, 1988 (the Bluebook),
    2. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies'' EPA, Region 9, August 21, 2001 (the Little Bluebook),
    3. ``Control Techniques Guidelines for Control Techniques 
Guidelines for Miscellaneous Industrial Adhesives'' EPA, December 1977 
(EPA-453/R-08-005),
    4. ``Control Techniques Guidelines for Control of Volatile Organic 
Compound Emissions from Industrial Cleaning Solvents'', EPA, September 
2006 (EPA-453/R-06-001)

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability, RACT and SIP relaxations. The TSDs 
have more information on our evaluation.

C. EPA Recommendations To Further Improve the Rules

    The TSDs describe additional rule revisions that we recommend for 
the next time the local agency modifies the rules.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted rules because we believe they fulfill all 
relevant requirements. We do not think anyone will object to this 
approval, so we are finalizing it without proposing it in advance. 
However, in the Proposed Rules section of this Federal Register, we are 
simultaneously proposing approval of the same submitted rules. If we 
receive adverse comments by September 30, 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 October 29, 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 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 October 29, 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)).

[[Page 53682]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: June 28, 2013.
Alexis Strauss,
Acting 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)(423)(i)(E)(2), 
(c)(428), and (c)(429) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (423) * * *
    (i) * * *
    (E) * * *
    (2) Rule 353, ``Adhesives and Sealants,'' revised on June 21, 2012.
* * * * *
    (428) New and amended regulations for the following APCDs was 
submitted on February 6, 2013, by the Governor's Designee.
    (i) Incorporation by Reference.
    (A) Placer County Air Pollution Control District.
    (1) Rule 235, ``Adhesives,'' amended on October 11, 2012.
    (429) New and amended regulations for the following APCDs was 
submitted on April 22, 2013, by the Governor's Designee.
    (i) Incorporation by Reference.
    (A) Ventura County Air Pollution Control District.
    (1) Rule 74.20, ``Adhesives and Sealants,'' revised on September 
11, 2012.

[FR Doc. 2013-20917 Filed 8-29-13; 8:45 am]
BILLING CODE 6560-50-P