[Federal Register Volume 75, Number 86 (Wednesday, May 5, 2010)]
[Rules and Regulations]
[Pages 24406-24408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10402]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2010-0218; FRL-9135-3]


Revisions to the California State Implementation Plan, Placer 
County Air Pollution Control District, Sacramento Metropolitan Air 
Quality Management District, San Joaquin Valley Unified Air Pollution 
Control District, and South Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Placer County Air Pollution Control District (PCAPCD), Sacramento 
Metropolitan Air Quality Management District (SMAQMD), San Joaquin 
Valley Unified Air Pollution Control District (SJVUAPCD), and South 
Coast Air Quality Management District (SCAQMD) portions of the 
California State Implementation Plan (SIP). These revisions concern 
volatile organic compound (VOC) emissions from petroleum facilities, 
chemical plants, and facilities which use organic solvents. 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 July 6, 2010 without further notice, 
unless EPA receives adverse comments by June 4, 2010. 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-
2010-0218], 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 
94105-3901.
    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 
comment. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    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 
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, (415) 947-
4126, [email protected].

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

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules or rule revisions?
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.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                                     Adopted/
              Local agency                 Rule No.           Rule title              amended        Submitted
----------------------------------------------------------------------------------------------------------------
PCAPCD.................................          216  Organic Solvent Cleaning          12/11/03        07/18/08
                                                       and Degreasing Operations.
SMAQMD.................................          466  Solvent Cleaning..........        05/23/02        09/15/09
SJVUAPCD...............................         4661  Organic Solvents..........        09/20/07        03/07/08
SCAQMD.................................         1173  Control of Volatile               02/06/09        01/10/10
                                                       Organic Compound Leaks
                                                       and Releases from
                                                       Components at Petroleum
                                                       Facilities and Chemical
                                                       Plants.
----------------------------------------------------------------------------------------------------------------

    On January 21, 2010, EPA determined that the submittal for SMAQMD 
Rule 466 met the completeness criteria in 40 CFR Part 51 Appendix V, 
which must be met before formal EPA review. On April 17, 2008, EPA 
determined that the submittal for SJVUAPCD Rule 4661 met the 
completeness criteria. On February 4, 2010, EPA determined that the 
submittal for SCAQMD Rule 1173 met the completeness criteria. The July 
18, 2008 submittal for PCAPCD Rule 216 became complete by operation of 
law on January 18, 2009.

B. Are there other versions of these rules?

    There are no previous versions of SMAQMD Rule 466 in the SIP. We 
approved earlier versions of PCAPCD Rule 216, SJVUAPCD Rule 4661, and 
SCAQMD Rule 1173 into the SIP on April 30, 1996 (61 FR 18962), July 27, 
2002 (67 FR 47701), and August 25,

[[Page 24407]]

1994 (59 FR 43751). SCAQMD adopted earlier versions of Rule 1173 on 
December 6, 2002 and June 1, 2007, and CARB submitted them to us on 
December 29, 2006 and April 6, 2009. The PCAPCD, SJVUAPCD, and SCAQMD 
adopted revisions to the SIP-approved versions on December 11, 2003, 
September 20, 2007, and February 6, 2009 and CARB submitted them to us 
on July 18, 2008, March 7, 2008, and January 10, 2010. While we can act 
on only the most recently submitted version, we have reviewed materials 
provided with previous submittals.

C. What is the purpose of the submitted rules or rule revisions?

    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. The submitted rules 
control VOC emissions from petroleum facilities, chemical plants, and 
solvent usage. EPA's technical support documents (TSDs) have more 
information about these rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the 
Act), must require Reasonably Available Control Technology (RACT) for 
each category of sources covered by a Control Techniques Guidelines 
(CTG) document as well as each major source in nonattainment areas (see 
sections 182(a)(2) and (b)(2)), and must not relax existing 
requirements (see sections 110(l) and 193). The PCAPCD, SMAQMD, 
SJVUAPCD, and SCAQMD regulate ozone nonattainment areas (see 40 CFR 
part 81), so Rule 466, Rule 4661, and Rule 1173 must fulfill RACT.
    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 of Volatile Organic Emissions from Solvent Metal 
Cleaning,'' EPA-450/2-77-022, November 1977.
    4. ``Control Techniques Guidelines for Industrial Cleaning 
Solvents,'' EPA-453/R-06-001, September 2006.
    5. ``Organic Solvent Cleaning and Degreasing Operations,'' CARB, 
July 18, 1991.

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 June 4, 2010, 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 July 6, 2010. This will incorporate the 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, 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.

[[Page 24408]]

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 July 6, 2010. 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: March 18, 2010.
Jared Blumenfeld,
Regional Administrator, Region IX.

0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

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)(354)(i)(E)(13) 
and (359)(i)(C)(2) and (377)(i)(A)(2) and (378) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (354) * * *
    (i) * * *
    (E) * * *
    (13) Rule 4661, ``Organic Solvents,'' amended on September 20, 
2007.
* * * * *
    (359) * * *
    (i) * * *
    (C) * * *
    (2) Rule 216, ``Organic Solvent Cleaning and Degreasing 
Operations,'' amended on December 11, 2003.
* * * * *
    (377) * * *
    (i) * * *
    (A) * * *
    (2) Rule 466, ``Solvent Cleaning,'' adopted on May 23, 2002.
    (378) New and amended regulations were submitted on January 10, 
2010 by the Governor's designee.
    (i) Incorporation by Reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 1173, ``Control of Volatile Organic Compound Leaks and 
Releases from Components at Petroleum Facilities and Chemical Plants,'' 
amended on February 6, 2009.
* * * * *
[FR Doc. 2010-10402 Filed 5-4-10; 8:45 am]
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