Revisions to the California State Implementation Plan, Santa Barbara County Air Pollution Control District, 4821-4823 [2014-01317]
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Federal Register / Vol. 79, No. 20 / Thursday, January 30, 2014 / Rules and Regulations
significantly or uniquely affect small
governments or impose a significant
intergovernmental mandate, as
described in sections 203 and 204 of
UMRA. This rule also does not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), nor
will it have substantial direct effects on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of governments, as specified by
Executive Order 13132 (64 FR 43255,
August 10, 1999). This rule also is not
subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not
economically significant.
This technical correction action does
not involve technical standards; thus
the requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. The rule also
does not involve special consideration
of environmental justice related issues
as required by Executive Order 12898
(59 FR 7629, February 16, 1994). In
issuing this rule, EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct, as
required by section 3 of Executive Order
12988 (61 FR 4729, February 7, 1996).
EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1998) by
examining the takings implications of
the rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the executive
order. This rule does not impose an
information collection burden under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq).
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. Section 808 allows
the issuing agency to make a rule
effective sooner than otherwise
provided by the CRA if the agency
makes a good cause finding that notice
and public procedure is impracticable,
unnecessary or contrary to the public
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interest. This determination must be
supported by a brief statement. 5 U.S.C.
808(2). As stated previously, EPA has
made such a good cause finding,
including the reasons therefore, and
established an effective date of January
16, 2014. EPA will submit a report
containing this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States prior to publication of the rule in
the Federal Register. This correction to
40 CFR 52.427(c) for Delaware is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Dated: January 8, 2014.
W.C. Early,
Acting Regional Administrator, EPA Region
III.
[FR Doc. 2014–01722 Filed 1–29–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2013–0725; FRL–9904–02–
Region 9]
Revisions to the California State
Implementation Plan, Santa Barbara
County Air Pollution Control 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 Santa
Barbara County Air Pollution Control
District (SBCAPCD) portion of the
California State Implementation Plan
(SIP). These revisions concern volatile
organic compound (VOC) emissions
from solvent cleaning machines and
operations, coating of metal parts and
products and polyester resin operations.
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 March
31, 2014 without further notice, unless
EPA receives adverse comments by
March 3, 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–2013–0725, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
SUMMARY:
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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 or
Nancy Levin, EPA Region IX, (415) 972–
3848, levin.nancy@epa.gov.
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
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Federal Register / Vol. 79, No. 20 / Thursday, January 30, 2014 / Rules and Regulations
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 SBCAPCD and submitted by
the California Air Resources Board
(CARB).
TABLE 1—SUBMITTED RULES
Local agency
Rule No.
SBCAPCD ...............................
SBCAPCD ...............................
SBCAPCD ...............................
321
330
349
Rule title
Revised
Solvent Cleaning Machines and Solvent Cleaning ...................
Surface Coating of Metal Parts and Products ..........................
Polyester Resin Operations .......................................................
B. Are there other versions of these
rules?
Solvents’’, EPA, September 2006 (EPA–453/
R–06–001)
We approved an earlier version of
SBCAPCD Rule 321 into the SIP on
September 29, 2011 (76 FR 60376). A
previous version of SBCAPCD 330 was
approved into the SIP on June 8, 2000
(65 FR 36349). The most recent version
of SBCAPCD Rule 349 was approved
into the SIP on January 6, 1995 (60 FR
2025).
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. 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 by limiting VOC content in
solvents and coatings. 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?
TKELLEY on DSK3SPTVN1PROD with 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
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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 March 3, 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 31,
2014. 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
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6/21/12
06/21/12
06/21/12
Submitted
09/21/12
09/21/12
09/21/12
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,
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Federal Register / Vol. 79, No. 20 / Thursday, January 30, 2014 / Rules and Regulations
TKELLEY on DSK3SPTVN1PROD with RULES
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 31, 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,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
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16:23 Jan 29, 2014
Jkt 232001
Dated: November 22, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(423) (i)(E)(3), (4)
and (5) to read as follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(423) * * *
(i) * * *
(E) * * *
(3) Rule 321, ‘‘Solvent Cleaning
Machines and Solvent Cleaning,’’
revised on June 21, 2012.
(4) Rule 330, ‘‘Surface Coating of
Metal Parts and Products,’’ revised on
June 21, 2012.
(5) Rule 349, ‘‘Polyester Resin
Operations,’’ revised on June 21, 2012.
*
*
*
*
*
[FR Doc. 2014–01317 Filed 1–29–14; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 101206604–1758–02]
RIN 0648–XD100
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Coastal
Migratory Pelagic Resources of the
Gulf of Mexico and South Atlantic; Trip
Limit Increase
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; in-season trip
limit increase.
AGENCY:
NMFS increases the trip limit
in the commercial sector for king
mackerel in the Florida east coast
subzone to 75 fish per day in or from the
exclusive economic zone (EEZ). This
trip limit increase is necessary to
SUMMARY:
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4823
maximize the socioeconomic benefits of
the quota.
DATES: This rule is effective 12:01 a.m.,
local time, February 1, 2014, through
March 31, 2014, unless changed by
further notification in the Federal
Register.
FOR FURTHER INFORMATION CONTACT:
Susan Gerhart, telephone: 727–824–
5305, email: Susan.Gerhart@noaa.gov.
SUPPLEMENTARY INFORMATION: The
fishery for coastal migratory pelagic fish
(king mackerel, Spanish mackerel, and
cobia) is managed under the Fishery
Management Plan for the Coastal
Migratory Pelagic Resources of the Gulf
of Mexico and South Atlantic (FMP).
The FMP was prepared by the Gulf of
Mexico and South Atlantic Fishery
Management Councils (Councils) and is
implemented under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622.
On January 30, 2012 (76 FR 82058,
December 29, 2011), NMFS
implemented a commercial quota of
1,102,896 lb (500,265 kg) for Gulf
migratory group king mackerel in the
Florida east coast subzone of the eastern
zone (50 CFR 622.384(b)(1)(i)(A)), for
the current fishing year, July 1, 2013,
through June 30, 2014. From November
1 through March 31, the Florida east
coast subzone encompasses an area of
the EEZ south of a line extending due
east of the Flagler/Volusia County, FL,
boundary, and north of a line extending
due east of the Miami-Dade/Monroe
County, FL, boundary.
In accordance with 50 CFR
622.385(a)(2)(i)(B)(2), beginning on
February 1, if less than 75 percent of the
Florida east coast subzone king
mackerel commercial quota has been
harvested by that date, king mackerel in
or from that subzone may be possessed
on board or landed from a permitted
vessel in amounts not exceeding 75 fish
per day. NMFS has determined that 75
percent of the quota for Gulf group king
mackerel in the Florida east coast
subzone will not be reached before
February 1, 2014. Accordingly, a 75-fish
trip limit applies to vessels fishing for
king mackerel in or from the EEZ in the
Florida east coast subzone effective
12:01 a.m., local time, February 1, 2014.
The 75-fish trip limit will remain in
effect until the subzone closes or until
the end of the current fishing year
(March 31, 2014) for this subzone.
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
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]]>Agencies
[Federal Register Volume 79, Number 20 (Thursday, January 30, 2014)]
[Rules and Regulations]
[Pages 4821-4823]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01317]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2013-0725; FRL-9904-02-Region 9]
Revisions to the California State Implementation Plan, Santa
Barbara County Air Pollution Control 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 Santa Barbara County Air
Pollution Control District (SBCAPCD) portion of the California State
Implementation Plan (SIP). These revisions concern volatile organic
compound (VOC) emissions from solvent cleaning machines and operations,
coating of metal parts and products and polyester resin operations. 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 March 31, 2014 without further notice,
unless EPA receives adverse comments by March 3, 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-
2013-0725, 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 or Nancy Levin, EPA Region IX, (415)
972-3848, levin.nancy@epa.gov.
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
[[Page 4822]]
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 SBCAPCD and submitted by the California Air Resources
Board (CARB).
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Revised Submitted
----------------------------------------------------------------------------------------------------------------
SBCAPCD................................ 321 Solvent Cleaning Machines 6/21/12 09/21/12
and Solvent Cleaning.
SBCAPCD................................ 330 Surface Coating of Metal 06/21/12 09/21/12
Parts and Products.
SBCAPCD................................ 349 Polyester Resin Operations 06/21/12 09/21/12
----------------------------------------------------------------------------------------------------------------
B. Are there other versions of these rules?
We approved an earlier version of SBCAPCD Rule 321 into the SIP on
September 29, 2011 (76 FR 60376). A previous version of SBCAPCD 330 was
approved into the SIP on June 8, 2000 (65 FR 36349). The most recent
version of SBCAPCD Rule 349 was approved into the SIP on January 6,
1995 (60 FR 2025).
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 by limiting VOC
content in solvents and coatings. 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 March 3, 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 31, 2014. 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,
[[Page 4823]]
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 31, 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, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: November 22, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(423) (i)(E)(3),
(4) and (5) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(423) * * *
(i) * * *
(E) * * *
(3) Rule 321, ``Solvent Cleaning Machines and Solvent Cleaning,''
revised on June 21, 2012.
(4) Rule 330, ``Surface Coating of Metal Parts and Products,''
revised on June 21, 2012.
(5) Rule 349, ``Polyester Resin Operations,'' revised on June 21,
2012.
* * * * *
[FR Doc. 2014-01317 Filed 1-29-14; 8:45 am]
BILLING CODE 6560-50-P
