Revisions to the California State Implementation Plan, El Dorado County Air Quality Management District, 2375-2377 [2014-00398]
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Federal Register / Vol. 79, No. 9 / Tuesday, January 14, 2014 / Rules and Regulations
facility in a safety zone without the
permission of the Captain of the Port.
(c) Definitions. (1) Captain of the Port
means the Commander, Coast Guard
Sector Delaware Bay, or any Coast
Guard commissioned, warrant or petty
officer who has been authorized by the
Captain of the Port to act on her behalf.
(2) Designated representative means
any Coast Guard commissioned, warrant
or petty officer who has been authorized
by the Captain of the Port Delaware Bay
to assist in enforcing the safety zone
described in paragraph (a) of this
section.
(d) Enforcement. The U.S. Coast
Guard may be assisted by Federal, State,
and local agencies in the patrol and
enforcement of the zone.
(e) Enforcement period. This section
will be enforced from January 1, 2014
until February 28, 2014 unless cancelled
earlier by the Captain of the Port.
Dated: December 30, 2013.
Steven H. Ratti,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 2014–00438 Filed 1–13–14; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2013–0753; FRL–9905–29Region 9]
Revisions to the California State
Implementation Plan, El Dorado
County Air Quality Management
District
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the El
Dorado County Air Quality Management
District (EDAQMD) portion of the
SUMMARY:
California State Implementation Plan
(SIP). These revisions concern negative
declarations for volatile organic
compound (VOC) source categories for
the EDAQMD. We are approving these
negative declarations under the Clean
Air Act as amended in 1990 (CAA or the
Act).
DATES: This rule is effective on March
17, 2014 without further notice, unless
EPA receives adverse comments by
February 13, 2014. 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–2013–0753, 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.
2375
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 94105–3901. 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:
Stanley Tong, EPA Region IX, (415)
947–4122, tong.stanley@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. The State’s Submittal
A. What negative declarations did the State
submit?
B. Are there other versions of these
negative declarations?
C. What is the purpose of the submitted
negative declarations?
II. EPA’s Evaluation and Action
A. How is EPA evaluating the negative
declarations?
B. Do the negative declarations meet the
evaluation criteria?
C. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What negative declarations did the
State submit?
Table 1 lists the negative declarations
we are approving with the dates that
they were adopted by the EDAQMD and
submitted by the California Air
Resources Board (CARB).
TABLE 1—SUBMITTED NEGATIVE DECLARATIONS
Local agency
Title
EDAQMD ..........
EPA–450/2–78–015—Control of VOC Emissions from Existing Stationary Sources,
Volume VI: Surface Coating of Miscellaneous Metal Parts and Products.
EPA–450/2–77–022—Control of VOC Emissions from Solvent Metal Cleaning .............
EPA–450/2–78–033—Control of VOC Emissions from Existing Stationary Sources,
Volume VIII: Graphic Arts—Rotogravure and Flexography.
pmangrum on DSK3VPTVN1PROD with RULES
EDAQMD ..........
EDAQMD ..........
On November 25, 2013, EPA
determined that the EDAQMD negative
declarations submitted on September
30, 2013, met the completeness criteria
VerDate Mar<15>2010
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Adopted
in 40 CFR Part 51 Appendix V, which
must be met before formal EPA review.
PO 00000
Submitted
12/11/12
09/30/13
12/11/12
12/11/12
09/30/13
09/30/13
B. Are there other versions of these
negative declarations?
There are no previous versions of
these negative declarations.
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Federal Register / Vol. 79, No. 9 / Tuesday, January 14, 2014 / Rules and Regulations
C. What is the purpose of the submitted
negative declarations?
The negative declarations were
submitted to meet the requirements of
CAA section 182(b)(2). Ozone
nonattainment areas classified at
moderate and above are required to
adopt VOC regulations for the published
Control Technique Guidelines (CTG)
categories and for major non-CTG
sources of VOC or NOX. If an ozone
nonattainment area does not have
stationary sources covered by an EPA
published CTG, then the area is required
to submit a negative declaration. The
negative declarations were submitted
because there are no stationary sources
exceeding the CTG’s applicability
threshold within the EDAQMD
jurisdiction. EPA’s technical support
document (TSD) has more information
about these negative declarations.
II. EPA’s Evaluation and Action
A. How is EPA evaluating the negative
declarations?
The negative declarations are
submitted as SIP revisions and must be
consistent with CAA requirements for
Reasonably Available Control
Technology (RACT) (see section
182(b)(2)) and SIP relaxation (see
sections 110(l) and 193.) To do so, the
submittal should provide reasonable
assurance that no sources subject to the
CTG requirements currently exist or are
planned for the EDAQMD.
pmangrum on DSK3VPTVN1PROD with RULES
B. Do the negative declarations meet the
evaluation criteria?
We believe these negative
declarations are consistent with the
relevant policy and guidance regarding
RACT and SIP relaxations. The TSD has
more information on our evaluation.
C. Public Comment and Final Action
As authorized in section 110(k)(3) of
the Act, EPA is fully approving the
submitted negative declarations as
additional information to the SIP
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 these negative declarations.
If we receive adverse comments by
February 13, 2014, 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
VerDate Mar<15>2010
12:41 Jan 13, 2014
Jkt 232001
approval will be effective without
further notice on March 17, 2014.
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
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
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 March 17, 2014.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the Proposed Rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: December 16, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
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Federal Register / Vol. 79, No. 9 / Tuesday, January 14, 2014 / Rules and Regulations
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 52.222 is amended by
adding paragraph (a)(7)(ii) to read as
follows:
■
§ 52.222
Negative declarations.
*
*
*
*
*
(a) * * *
(7) * * *
(ii) Control of VOC Emissions from
Existing Stationary Sources, Volume VI:
Surface Coating of Miscellaneous Metal
Parts and Products; Control of VOC
Emissions from Solvent Metal Cleaning;
and Control of VOC Emissions from
Existing Stationary Sources, Volume
VIII: Graphic Arts—Rotogravure and
Flexography submitted on September
30, 2013 and adopted on December 11,
2012.
*
*
*
*
*
[FR Doc. 2014–00398 Filed 1–13–14; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1997–2210]
RIN 2126–AB71
Medical Certification Requirements as
Part of the Commercial Driver’s
License (CDL); Extension of Certificate
Retention Requirements
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule.
AGENCY:
The FMCSA amends its
regulations to keep in effect until
January 30, 2015, the requirement that
interstate drivers subject to: either the
commercial driver’s license (CDL) or the
commercial learner’s permit (CLP)
regulations: as well as the Federal
physical qualification requirements,
must retain paper copies of their
medical examiner’s certificate when
operating a commercial motor vehicle.
Interstate motor carriers are also
required to retain copies of their drivers’
medical certificates in their driver
qualification files. This action is being
taken to ensure that the medical
pmangrum on DSK3VPTVN1PROD with RULES
VerDate Mar<15>2010
12:41 Jan 13, 2014
Jkt 232001
DATES:
This rule is effective January 14,
2014.
You may search background
documents or comments to the docket
for this rule, identified by docket
number FMCSA–1997–2210, by visiting
the:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for reviewing documents
and comments. Regulations.gov is
available electronically 24 hours each
day, 365 days a year; or
• DOT Docket Management Facility:
U.S. Department of Transportation
(DOT), 1200 New Jersey Avenue SE.,
West Building, Ground Floor, Room 12–
140, Washington, DC 20590–0001.
ADDRESSES:
Privacy Act
49 CFR Part 391
SUMMARY:
qualification of CDL and CLP holders
are documented adequately until all
State driver licensing agencies (SDLAs)
are able to post the drivers’ selfcertification whether the physical
qualifications standards are applicable
to them and the medical examiner’s
certificate information, on the
Commercial Driver’s License
Information System (CDLIS) driver
record. This rule does not, however,
extend the compliance dates for the
SDLA to collect and to post to the
CDLIS driver record the CDL holder’s
self-certification about applicable
standards and the medical examiner’s
certificate.
Anyone may search the electronic
form of all comments received into any
of our dockets by the name of the
individual submitting the comment (or
of the person signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s Privacy Act Statement for
the Federal Docket Management System
published in the Federal Register on
January 17, 2008 (73 FR 3316), or you
may visit https://www.gpo.gov/fdsys/
pkg/FR-2008-01-17/pdf/E8-785.pdf.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, email
or call Mr. Robert Redmond, Senior
Transportation Specialist, Office of
Safety Programs, Commercial Driver’s
License Division (MC–ESL), Federal
Motor Carrier Safety Administration,
1200 New Jersey Avenue SE.,
Washington, DC 20590–001; Telephone
(202) 366–5014; Email
Robert.Redmond@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Legal Basis
The legal basis of the final rule titled
Medical Certification Requirements as
Part of the Commercial Driver’s License,
PO 00000
Frm 00019
Fmt 4700
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2377
(2008 final rule) (73 FR 73096–73097),
is also applicable to this rule.
The legal basis for issuing this final
rule without an opportunity for public
comment, and without an effective date
at least 30 days after publication, are the
two ‘‘good cause’’ exceptions under the
Administrative Procedure Act (APA), 5
U.S.C. 553(b) and (d)(3). The APA
specifically provides exceptions to its
notice and comment rulemaking
procedures when the Agency finds that
there is good cause (and incorporates
the finding and a brief statement of
reasons therefore in the rules issued) to
dispense with them. Generally, good
cause exists when the agency
determines that notice and comment
procedures are impractical,
unnecessary, or contrary to the public
interest. 5 U.S.C. 553(b). The Agency
finds it necessary to take this action
without notice and comment because of
delays in implementation caused by
those SDLAs not yet in compliance with
the requirements of the 2008 final rule
required by January 30, 2014. It would
be impractical to conduct notice and
comment procedures in the short time
remaining before that date.
Moreover, under similar
circumstances in 2011, when notice and
an opportunity for public comment was
provided, no comments were submitted
either for or against the extension issued
at that time. Most SDLAs will be in
compliance by January 30, 2014, but
obviously unless all of the SDLAs
issuing CDLs and CLPs are in
compliance, it will still be necessary for
drivers and their employers to rely on
the paper medical examiner’s certificate
to verify that the driver is physically
qualified. Under these circumstances,
FMCSA believes that no comments
about this additional extension would
likely be submitted, and therefore the
notice and comment procedure is
unnecessary. Delaying this extension
beyond January 30, 2014 while
comments are received would create
uncertainty within the CDL and CLP
program and potential inconsistencies
in requirements and capabilities among
States, however briefly. In this instance,
notice and comment is therefore also
contrary to the public interest.
The APA also provides for an
exception to the required publication of
a final rule on not less than 30 days’
notice before its effective date. 5 U.S.C.
553(d)(3). The same reasons that justify
dispensing with notice and comment
procedures also justify making this final
rule effective immediately, as well as
the need to provide sufficient notice to
the SDLAs and the affected carriers and
drivers. FMCSA finds that there is good
cause for making this final rule effective
E:\FR\FM\14JAR1.SGM
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Agencies
[Federal Register Volume 79, Number 9 (Tuesday, January 14, 2014)]
[Rules and Regulations]
[Pages 2375-2377]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00398]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2013-0753; FRL-9905-29-Region 9]
Revisions to the California State Implementation Plan, El Dorado
County Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the El Dorado County Air Quality
Management District (EDAQMD) portion of the California State
Implementation Plan (SIP). These revisions concern negative
declarations for volatile organic compound (VOC) source categories for
the EDAQMD. We are approving these negative declarations under the
Clean Air Act as amended in 1990 (CAA or the Act).
DATES: This rule is effective on March 17, 2014 without further notice,
unless EPA receives adverse comments by February 13, 2014. 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-
2013-0753, 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 94105-3901.
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: Stanley Tong, EPA Region IX, (415)
947-4122, tong.stanley@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.
Table of Contents
I. The State's Submittal
A. What negative declarations did the State submit?
B. Are there other versions of these negative declarations?
C. What is the purpose of the submitted negative declarations?
II. EPA's Evaluation and Action
A. How is EPA evaluating the negative declarations?
B. Do the negative declarations meet the evaluation criteria?
C. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What negative declarations did the State submit?
Table 1 lists the negative declarations we are approving with the
dates that they were adopted by the EDAQMD and submitted by the
California Air Resources Board (CARB).
Table 1--Submitted Negative Declarations
----------------------------------------------------------------------------------------------------------------
Local agency Title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
EDAQMD............................... EPA-450/2-78-015--Control of VOC 12/11/12 09/30/13
Emissions from Existing Stationary
Sources, Volume VI: Surface Coating
of Miscellaneous Metal Parts and
Products.
EDAQMD............................... EPA-450/2-77-022--Control of VOC 12/11/12 09/30/13
Emissions from Solvent Metal
Cleaning.
EDAQMD............................... EPA-450/2-78-033--Control of VOC 12/11/12 09/30/13
Emissions from Existing Stationary
Sources, Volume VIII: Graphic Arts--
Rotogravure and Flexography.
----------------------------------------------------------------------------------------------------------------
On November 25, 2013, EPA determined that the EDAQMD negative
declarations submitted on September 30, 2013, 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 negative declarations?
There are no previous versions of these negative declarations.
[[Page 2376]]
C. What is the purpose of the submitted negative declarations?
The negative declarations were submitted to meet the requirements
of CAA section 182(b)(2). Ozone nonattainment areas classified at
moderate and above are required to adopt VOC regulations for the
published Control Technique Guidelines (CTG) categories and for major
non-CTG sources of VOC or NOX. If an ozone nonattainment
area does not have stationary sources covered by an EPA published CTG,
then the area is required to submit a negative declaration. The
negative declarations were submitted because there are no stationary
sources exceeding the CTG's applicability threshold within the EDAQMD
jurisdiction. EPA's technical support document (TSD) has more
information about these negative declarations.
II. EPA's Evaluation and Action
A. How is EPA evaluating the negative declarations?
The negative declarations are submitted as SIP revisions and must
be consistent with CAA requirements for Reasonably Available Control
Technology (RACT) (see section 182(b)(2)) and SIP relaxation (see
sections 110(l) and 193.) To do so, the submittal should provide
reasonable assurance that no sources subject to the CTG requirements
currently exist or are planned for the EDAQMD.
B. Do the negative declarations meet the evaluation criteria?
We believe these negative declarations are consistent with the
relevant policy and guidance regarding RACT and SIP relaxations. The
TSD has more information on our evaluation.
C. Public Comment and Final Action
As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted negative declarations as additional information
to the SIP 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 these negative declarations. If we receive adverse comments
by February 13, 2014, 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 March 17, 2014.
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 March 17, 2014. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: December 16, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
[[Page 2377]]
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 52.222 is amended by adding paragraph (a)(7)(ii) to read as
follows:
Sec. 52.222 Negative declarations.
* * * * *
(a) * * *
(7) * * *
(ii) Control of VOC Emissions from Existing Stationary Sources,
Volume VI: Surface Coating of Miscellaneous Metal Parts and Products;
Control of VOC Emissions from Solvent Metal Cleaning; and Control of
VOC Emissions from Existing Stationary Sources, Volume VIII: Graphic
Arts--Rotogravure and Flexography submitted on September 30, 2013 and
adopted on December 11, 2012.
* * * * *
[FR Doc. 2014-00398 Filed 1-13-14; 8:45 am]
BILLING CODE 6560-50-P