[Federal Register Volume 76, Number 189 (Thursday, September 29, 2011)]
[Rules and Regulations]
[Pages 60376-60378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24688]



40 CFR Part 52

[EPA-R09-OAR-2011-0561; FRL-9469-1]

Revisions to the California State Implementation Plan, Santa 
Barbara Air Pollution Control District, Sacramento Municipal Air 
Quality Management District and South Coast Air Quality Management 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.


SUMMARY: EPA is taking direct final action to approve revisions to the 
Santa Barbara Air Pollution Control District (SBAPCD), Sacramento 
Municipal Air Quality Management District (SMAQMD) 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 solvent cleaning machines and solvent 
cleaning operations and oil and gas production wells. 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 November 28, 2011 without further 
notice, unless EPA receives adverse comments by October 31, 2011.
    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-
2011-0561, 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 
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 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 at http://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 

972-3576, [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?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?

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    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 (CARB).

                                            Table 1--Submitted Rules
          Local agency             Rule No.          Rule title                   Amended             Submitted
SBAPCD.........................          321  Solvent Cleaning         9/20/10.....................       4/5/11
                                               Machines and Solvent
SMAQMD.........................          466  Solvent Cleaning.......  10/28/10....................       4/5/11
SCAQMD.........................         1171  Solvent Cleaning         2/1/08......................       4/5/11
SCAQMD.........................       1148.1  Oil and Gas Production   Adopted 3/5/04..............      1/10/10

    On February 4, 2010 (1148.1) and May 6, 2011 (321, 466 and 1171), 
EPA determined that the four submittals met the completeness criteria 
in 40 CFR Part 51 Appendix V, which must be met before formal EPA 

B. Are there other versions of these rules?

    We approved an earlier version of SBAPCD Rule 321 into the SIP on 
April 2, 1998 (64 FR 15922). We approved an earlier version of SMAQMD 
Rule 466 into the SIP on May 5, 2010 (75 FR 24406). We approved an 
earlier version of SCAQMD Rule 1171 into the SIP on July 1, 2005 (70 FR 
38023). There are no previous versions of SCAMQD Rule 1148.1 in the 

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. SBAPCD Rule 321, 
SMAQMD Rule 466, SCAQMD Rule 1171 and SCAQMD 1148.1 limit emissions of 
VOC from solvent cleaning machines, the application of solvents, and 
from oil and gas production wells. 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). SBAPCD regulates an 
unclassifiable/attainable area for ozone, SMAQMD regulates an ozone 
nonattainment area and SCAQMD regulates an ozone nonattainment area 
(see 40 CFR part 81), so SMAQMD Rule 466 and SCAQMD Rule 1171 and Rule 
1148.1 must fulfill RACT.
    Guidance and policy documents that we use to evaluate 
enforceability and RACT requirements consistently include the 
    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. CARB's Consumer Products Regulation, Title 17, California Code 
of Regulations (CCR), Division 3, Chapter 1, Subchapter 8.5, Article 2, 
Sections 94507-94517
    4. EPA's model VOC rule guidance titled, ``Model Volatile Organic 
Compound Rules for Reasonably Available Control Technology'' (June 

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 October 31, 2011, 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 November 28, 2011. 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.);

[[Page 60378]]

     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 rules, 
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. 
    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, Reporting and recordkeeping requirements, Volatile organic 

    Dated: September 7, 2011.
Jared Blumenfeld,
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 (378)(i)(A)(3), and 
(c)(388)(i)(A)(5), (C), (D) and to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (378) * * *
    (i) * * *
    (A) * * *
    (3) Rule 1148.1, ``Oil and Gas Production Wells,'' adopted on March 
5, 2004.
* * * * *
    (388) * * *
    (i) * * *
    (A) * * *
    (5) Rule 1171, ``Solvent Cleaning Operations,'' amended February 1, 
* * * * *
    (C) Santa Barbara County Air Pollution Control District.
    (1) Rule 321, ``Solvent Cleaning Machines and Solvent Cleaning,'' 
revised September 20, 2010.
    (D) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 466, ``Solvent Cleaning,'' amended October 28, 2010.
* * * * *
[FR Doc. 2011-24688 Filed 9-28-11; 8:45 am]