[Federal Register Volume 76, Number 126 (Thursday, June 30, 2011)]
[Proposed Rules]
[Pages 38340-38341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16500]



40 CFR Part 52

[EPA-R09-OAR-2011-0463; FRL-9427-3]

Revisions to the California State Implementation Plan, San 
Joaquin Valley Unified Air Pollution Control District (SJVUAPCD)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.


SUMMARY: EPA is proposing to approve revisions to the SJVUAPCD portion 
of the California State Implementation Plan (SIP). These revisions 
concern volatile organic compound (VOC) and particulate matter (PM) 
emissions from commercial charbroiling. We are approving a local rule 
that regulates these emission sources under the Clean Air Act as 
amended in 1990 (CAA or the Act). We are taking comments on this 
proposal and plan to follow with a final action.

DATES: Any comments must arrive by August 1, 2011.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2011-0463, by one of the following methods:
    1. Federal eRulemaking Portal: http:[sol][sol]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:[sol][sol]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:[sol][sol]www.regulations.gov or e-mail. 
http:[sol][sol]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.
    Docket: Generally, documents in the docket for this action are 
available electronically at http:[sol][sol]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 
http:[sol][sol]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 

972-3019, [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 revision?
II. EPA's Evaluation
    A. How is EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Rule
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule addressed by this proposal with the date 
that it was adopted by the local air agency and submitted by the 
California Air Resources Board.

                                             Table 1--Submitted Rule
            Local agency                  Rule No.            Rule title            Adopted         Submitted
SJVUAPCD............................            4692   Commercial Charbroiling        09/17/09         05/17/10

    On June 8, 2010, EPA determined that the submittal for SJVUAPCD 
Rule 4692 met the completeness criteria in 40 CFR Part 51, Appendix V, 
which must be met before formal EPA review.

[[Page 38341]]

B. Are there other versions of this rule?

    We approved an earlier version of Rule 4692 into the SIP on June 3, 
2003 (68 FR 33005).

C. What is the purpose of the submitted rule revision?

    VOCs help produce ground-level ozone and smog, which harm human 
health and the environment. PM emissions also harm human health and the 
environment by causing, among other things, premature mortality, 
aggravation of respiratory and cardiovascular disease, visibility 
impairment, and damage to vegetation and ecosystems. Section 110(a) of 
the CAA requires States to submit regulations that control VOC and PM 
emissions. SJVUAPCD Rule 4692, Commercial Charbroiling, is designed to 
limit VOC and PM emissions from commercial charbroiling. 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?

    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 ozone nonattainment 
areas classified as moderate or above (see sections 182(b)(2) and (f), 
and must not relax existing requirements (see sections 110(l) and 193). 
Section 172(c)(1) of the Act also requires implementation of all 
reasonably available control measures (RACM) as expeditiously as 
practicable in nonattainment areas. Because the San Joaquin Valley 
(SJV) area is designated nonattainment for the fine particulate matter 
(PM2.5) National Ambient Air Quality Standards (NAAQS) and 
designated and classified as extreme nonattainment for the ozone NAAQS 
(see 40 CFR 81.305), the RACM requirement in CAA section 172(c)(1) 
applies to this area. The specific ozone RACT requirement in CAA 
section 182(b)(2), however, does not apply to Rule 4692 because there 
are no CTG documents for this source category and no major sources of 
ozone precursors subject to this rule in the SJV area.
    Guidance and policy documents that we use to evaluate 
enforceability and RACM requirements include the following:
    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations; Clarification to Appendix D of November 24, 1987 Federal 
Register Notice,'' (Blue Book), notice of availability published in the 
May 25, 1988 Federal Register.
    2. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    3. ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57 
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    4. Preamble, ``Clean Air Fine Particle Implementation Rule for the 
1997 PM2.5 NAAQS,'' 72 FR 20586 (April 25, 2007).

B. Does the rule meet the evaluation criteria?

    We believe this rule is consistent with the applicable CAA 
requirements and guidance regarding enforceability, RACM, and SIP 
revisions. The TSD has more information on our evaluation.

C. EPA Recommendations to Further Improve the Rule

    The TSD describes additional rule revisions that we recommend for 
the next time the local agency modifies the rule.

III. Proposed Action

    Under section 110(k)(3) of the Act, we are proposing to fully 
approve Rule 4692 based on our conclusion that it satisfies all 
applicable CAA requirements. We will accept comments from the public on 
this proposal for the next 30 days. Unless we receive convincing new 
information during the comment period, we intend to publish a final 
approval action that will incorporate this rule into the federally 
enforceable SIP.

IV. 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 proposes to approve State law as 
meeting Federal requirements and does not impose additional 
requirements beyond those imposed by State law. For that reason, this 
proposed 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 proposed 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Particulate matter, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: June 9, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2011-16500 Filed 6-29-11; 8:45 am]