[Federal Register Volume 73, Number 110 (Friday, June 6, 2008)]
[Rules and Regulations]
[Pages 32240-32241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12474]



40 CFR Part 52

[EPA-R09-OAR-2008-0228; FRL-8567-4]

Revisions to the California State Implementation Plan, Sacramento 
Metropolitan Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.


SUMMARY: EPA is taking direct final action to approve revisions to the 
Sacramento Metropolitan Air Quality Management District (SMAQMD) 
portion of the California State Implementation Plan (SIP). Under 
authority of the Clean Air Act as amended in 1990 (CAA or the Act), we 
are approving a local rule that requires submission of emission 
statements from stationary sources that emit volatile organic compounds 
and oxides of nitrogen.

DATES: This rule is effective on August 5, 2008 without further notice, 
unless EPA receives adverse comments by July 7, 2008. 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 

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2008-0228, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions.
    2. E-mail: [email protected].
    3. Mail or deliver: Andrew Steckel (AIR-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 

Instructions: All comments will be included in the public docket 
without change and may be made available online at http://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 http://www.regulations.gov or e-mail. http://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 e-mail directly to EPA, your e-mail 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 
    Docket: The index to the docket for this action is available 
electronically at http://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 in the index, some information may 
be publicly available only at the hard copy location (e.g., copyrighted 
material), 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 

4124, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule?
II. EPA's Evaluation and Action
A. How is EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. EPA recommendations to further improve the rule
    D. Public comment and final action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    SMAQMD Rule 105, Emission Statement, was adopted by the SMAQMD on 
September 5, 1996, and submitted by the California Air Resources Board 
(CARB) on May 18, 1998.
    On July 17, 1998, the rule submittal was found to meet the 
completeness criteria in 40 CFR Part 51, Appendix V, which must be met 
before formal EPA review.

B. Are there other versions of this rule?

    The previous version of Rule 105 was adopted on May 20, 1993, and 
CARB submitted it to us on November 18, 1993. We approved this version 
of Rule 105 into the SIP on May 26, 2004 (69 FR 29880).

C. What is the purpose of the submitted rule?

    Section 110(a) of the CAA requires states to submit regulations 
that control volatile organic compounds (VOC), oxides of nitrogen 
(NOX), particulate matter, and other air pollutants which 
harm human health and the environment. SMAQMD Rule 105 was developed as 
part of the local agency's program to control these pollutants. It was 
also developed to establish the requirement for stationary sources of 
VOC and NOX to submit emission statements, as required by 
the CAA. EPA's technical support document (TSD) has more information 
about this rule.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rule?

    This rule contains administrative requirements that support 
SMAQMD's program to implement the CAA and control emissions of VOC and 
NOX. In combination with the other requirements, this rule 
must be enforceable (see section 110(a) of the Act) and must not relax 
existing requirements (see sections 110(l) and 193). EPA policy that we 
use to help evaluate enforceability requirements consistently includes 
the Bluebook (``Issues Relating to VOC Regulation Cutpoints, 
Deficiencies, and Deviations,'' EPA, May 25, 1988) and the Little 
Bluebook (``Guidance

[[Page 32241]]

Document for Correcting Common VOC & Other Rule Deficiencies,'' EPA 
Region 9, August 21, 2001).

B. Does the rule meet the evaluation criteria?

    We believe this rule is consistent with the relevant policy and 
guidance regarding enforceability and SIP relaxations. The TSD has more 
information on our evaluation.

C. EPA Recommendations To Further Improve the Rule

    The TSD describes additional rule revisions that do not affect 
EPA's current action but are recommended for the next time the local 
agency modifies the rule.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted rule because we believe it fulfills all 
relevant requirements. We do not think anyone will object to this 
approval, so we are finalizing it without proposing it in advance. 
However, in the Proposed Rules section of this Federal Register, we are 
simultaneously proposing approval of the same submitted rule. If we 
receive adverse comments by July 7, 2008, 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 August 5, 2008. This will incorporate the 
rule into the federally enforceable SIP.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     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, as appropriate, disproportionate human health or environmental 
effects, using practicable 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. 
    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 August 5, 2008. 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. 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: April 11, 2008.
Jane Diamond,
Acting Regional Administrator, Region IX.

Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:


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)(255)(i)(A)(6) to 
read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (255) * * *
    (i) * * *
    (A) * * *
    (6) Rule 105, Emission Statement, adopted on April 20, 1993, and 
amended September 5, 1996.
* * * * *
[FR Doc. E8-12474 Filed 6-5-08; 8:45 am]