Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations 55577 

EPA APPROVED GEORGIA REGULATIONS—Continued 

State citation Title/subject State effective date 

EPA approval 

date Explanation 

*******

391–3–1–.02(7) .. Prevention of 

Significant Deterioration of 

Air Quality 

(PSD).

12/29/2010 9/8/2011, [Insert 

citation of publication].

Georgia’s PSD Rule 391–3–1–.02(7) incorporates by reference the 

regulations found at 40 CFR 52.21 as of June 3, 2010, with 

changes. This EPA action is approving the incorporation by reference with the exception of the following provisions: (1) the provisions amended in the Ethanol Rule (72 FR 24060) which exclude 

facilities that produce ethanol through a natural fermentation process from the definition of ‘‘chemical process plants’’ in the major 

NSR source permitting program found at 40 CFR 52.21(b)(1)(i)(a) 

and (b)(1(iii)(t); and 2) the administrative regulations amended in 

the Fugitive Emissions Rule (73 FR 77882). Additionally, this EPA 

action is not approving the ‘‘automatic rescission clause’’ provision 

at 391–3–1–.02(7)(a)2.(iv). 

This rule contains NOX as a precursor to ozone for PSD and NSR. 

* * * * * * * 

* * * * * 

■ 3. Section 52.572 is revised to read as 

follows: 

§ 52.572 Approval Status. 

With the exceptions set forth in this 

subpart, the Administrator approves 

Georgia’s plans for the attainment and 

maintenance of the national standards 

under section 110 of the Clean Air Act. 

Furthermore, the Administrator finds 

the plans satisfy all requirements of Part 

D, Title I, of the Clean Air Act as 

amended in 1977. 

[FR Doc. 2011–22666 Filed 9–7–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–HQ–OAR–2011–0747; FRL–9460–4] 

Findings of Failure To Submit a 

Complete State Implementation Plan 

for Section 110(a) Pertaining to the 

2006 Fine Particulate Matter (PM2.5) 

NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is making a finding 

that certain states, the District of 

Columbia, and the Commonwealth of 

Puerto Rico have not submitted a 

complete State Implementation Plan 

(SIP) that addresses basic program 

elements of the Clean Air Act (CAA or 

Act) necessary to implement, maintain, 

and enforce the 2006 24-hour Fine 

Particulate Matter (PM2.5) National 

Ambient Air Quality Standards 

(NAAQS). The EPA refers to these SIP 

submissions as ‘‘infrastructure’’ SIPs, 

because they address basic structural 

requirements specified in section 

110(a)(1) and (2) that states must 

establish that they meet following the 

promulgation of a new or revised 

NAAQS. Specifically, the EPA is 

evaluating whether these states, the 

District of Columbia, and the 

Commonwealth of Puerto Rico made 

complete infrastructure SIP submissions 

to address the applicable requirements 

of section 110(a)(2)(A) through (M) 

necessary to implement the 2006 PM2.5

NAAQS, with the exception of section 

110(a)(2)(I), portions of section 

110(a)(2)(C) pertaining to nonattainment 

area requirements and section 

110(a)(2)(D)(i)(I). By this action, the EPA 

is identifying those states, the District of 

Columbia, and the Commonwealth of 

Puerto Rico that have failed to make a 

complete submission for some or all of 

these specific requirements. The finding 

of failure to submit for some or all of 

these specific elements establishes a 24- 

month deadline for the EPA to 

promulgate a Federal Implementation 

Plan (FIP) to address each state’s 

outstanding infrastructure SIP elements 

unless, prior to that time, the state 

submits, and the EPA approves, a 

submission that meets the required 

elements, or unless the state is already 

subject to an existing FIP that addresses 

the SIP deficiency. 

DATES: The effective date of this rule is 

October 11, 2011. 

FOR FURTHER INFORMATION CONTACT: 

David Sanders, Office of Air Quality 

Planning and Standards, Air Quality 

Policy Division, Mail Code C539–01, 

Research Triangle Park, NC 27709; 

telephone (919) 541–3356; fax number 

(919) 541–0824; email address: 

sanders.dave@epa.gov. 

SUPPLEMENTARY INFORMATION: Section 

553 of the Administrative Procedures 

Act, 5 U.S.C. 553(b)(B), provides that, 

when an agency for good cause finds 

that notice and public procedure are 

impracticable, unnecessary or contrary 

to the public interest, the agency may 

issue a rule without providing notice 

and an opportunity for public comment. 

The EPA has determined that there is 

good cause for making this rule final 

without prior proposal and opportunity 

for comment because no significant EPA 

judgment is involved in making a 

finding of failure to submit SIPs, or 

elements of SIPs, required by the CAA, 

where states have made no submissions, 

or incomplete submissions, to meet the 

requirement by the statutory date. Thus, 

notice and public procedure are 

unnecessary. The EPA finds that this 

constitutes good cause under 5 U.S.C. 

553(b)(B). 

For questions related to a specific 

state, the District of Columbia, and the 

Commonwealth of Puerto Rico, please 

contact the appropriate regional office 

below. 

Regional offices States 

Region II—Raymond Werner, Chief, Air Programs Branch, EPA Region II, 290 Broadway, 25th Floor, New York, 

NY 10007–1866.

Puerto Rico. 


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55578 Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations 

1That notice included, among others, the states 

of Alaska, Iowa, Montana, and the District of 

Columbia and the Commonwealth of Puerto Rico, 

some of which are also subject of this action. We 

are not superseding or otherwise affecting that 

limited finding with respect to those states which 

the finding remains in effect. 

Regional offices States 

Region III—Cristina Fernandez, Branch Chief, Air Quality Planning Branch, EPA Region III, 1650 Arch Street, 

Philadelphia, PA 19103–2187.

District of Columbia. 

Region VII—Joshua A. Tapp, Chief, Air Programs Branch, EPA Region VII, 901 North 5th Street, Kansas City, KS 

66101–2907.

Iowa. 

Region VIII—Monica Morales, Air Quality Planning Unit Manager, EPA Region VIII Air Program, 1595 Wynkoop St. 

(8P–AR), Denver, CO 80202–1129.

Montana. 

Region IX—Lisa Hanf, Air Planning Office, EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105 ........... Arizona and Hawaii. 

Region X—Robert Elleman, Manager, State and Tribal Air Programs, EPA Region X, Office of Air, Waste, and 

Toxics, Mail Code OAQ–107, 1200 Sixth Avenue, Seattle, WA 98101.

Alaska and Washington. 

Table of Contents 

I. Background 

II. This Action 

III. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act of 1995 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

J. National Technology Transfer and 

Advancement Act 

K. Congressional Review Act 

L. Judicial Review 

I. Background 

On September 21, 2006, the EPA 

promulgated a final rule revising the 

existing 1997 24-hour NAAQS for PM2.5

from 65 micrograms per cubic meter 

(μg/m3) to 35 μg/m3. In that action, the 

EPA set the revised 2006 24-hour PM2.5

primary standard at 35 μg/m3. 

CAA section 110(a) requires states to 

submit SIPs that provide for the 

implementation, maintenance, and 

enforcement of a new or revised 

NAAQS within 3 years following the 

promulgation of such NAAQS, or within 

such shorter period as the EPA may 

prescribe. These SIPs were due on 

September 21, 2009. The EPA refers to 

these specific submissions as 

‘‘infrastructure’’ SIPs because they are 

intended to address basic structural 

requirements for SIPs for a new or 

revised NAAQS. Section 110(a) imposes 

the obligation upon states to make a SIP 

submission to the EPA for a new or 

revised NAAQS, but the contents of that 

submission may vary depending upon 

the facts and circumstances. In 

particular, the data and analytical tools 

available at the time the state develops 

and submits the SIP for a new or revised 

NAAQS necessarily affects the content 

of the submission. The contents of such 

SIP submissions may also vary 

depending upon what provisions the 

state’s existing SIP already contains. 

Section 110(a)(2) lists specific 

elements that states must meet, as 

applicable, in the general infrastructure 

SIP submissions. The requirements 

include basic SIP infrastructure 

elements such as SIP provisions to 

provide for monitoring, enforcement, 

and general legal authority, which are 

designed to assure attainment and 

maintenance of the NAAQS. In the case 

of section 110(a)(2)(D)(i), the provisions 

are intended to assure that the SIP of the 

state in question contains provisions 

necessary to prevent certain prohibited 

impacts on air quality in other states. In 

a September 25, 2009, memorandum 

titled ‘‘Guidance on SIP Elements 

Required Under Section 110(a)(1) and 

(2) for the 2006 24-Hour Fine Particle 

(PM2.5) National Ambient Air Quality 

Standards (NAAQS),’’ the EPA 

identified the requirements that are the 

subject of this action, as applicable, and 

provided additional recommendations 

concerning the requirements. Most 

states submitted SIPs addressing section 

110(a)(2). For various reasons, some of 

the submissions did not address all 

infrastructure SIP elements. 

Two elements identified in section 

110(a)(2) are not governed by the 3-year 

submission deadline of section 110(a)(1) 

because SIPs incorporating necessary 

local nonattainment area controls are 

not due within 3 years after 

promulgation of a new or revised 

NAAQS, but rather are due at the time 

the nonattainment area plan 

requirements are due pursuant to 

section 172. These requirements are: 

(1) submissions required by section 

110(a)(2)(C) to the extent that subsection 

refers to a permit program as required in 

part D Title I of the CAA; and (2) 

submissions required by section 

110(a)(2)(I) which pertain to the 

nonattainment planning requirements of 

part D, Title I of the CAA. Therefore, 

this action does not cover these specific 

section 110(a)(2) elements. However, 

this action does pertain to the 

requirements in section 

110(a)(2)(D)(i)(II) for prevention of 

significant deterioration (PSD). On June 

9, 2010, in a separate final rulemaking 

(75 FR 32763), the EPA found that 29 

states and territories had not made a SIP 

submittal that addressed the section 

110(a)(2)(D)(i)(I) requirements related to 

interstate transport.1

On January 12, 2011, WildEarth 

Guardians and Sierra Club filed a 

complaint against the EPA alleging that 

the agency had failed to take final action 

on infrastructure SIPs submitted by 

some states for the 2006 PM2.5 NAAQS 

and that the agency had failed to make 

findings of failure to submit for other 

states that had failed to make such 

infrastructure SIP submissions. 

II. This Action 

This action reflects the EPA’s 

determinations with respect to the 

section 110(a)(2) requirements for the 

2006 24-hour PM2.5 NAAQS only. These 

are based upon the failure of states to 

submit infrastructure SIPs to address the 

requisite requirements, or failure to 

certify that they have already met the 

requisite requirements, or both. For 

those states that have not yet made a 

submittal and for those states that made 

a submittal that was not complete with 

respect to each element of section 

110(a)(2), as applicable, the EPA is 

making a finding of failure to submit a 

complete SIP. 

For those states that did not make any 

submittal, except as noted above with 

respect to the June 9, 2010, finding, the 

EPA is making a finding of failure to 

submit a complete SIP with respect to 

all of the section 110(a)(2) SIP elements. 

In the same manner, for those states that 

did not make a submittal that addressed 

all of the section 110(a)(2) elements, as 

applicable, the EPA is making a finding 

of failure to submit only with respect to 

those specific elements for which the 


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Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations 55579 

state did not make a complete 

submission. These findings establish a 

24-month deadline for the promulgation 

by the EPA of a FIP, in accordance with 

section 110(c)(1), unless prior to that 

time the state submits, and EPA 

approves, a submission from the state to 

address the elements for which the 

finding of failure to submit applies. 

These findings of failure to submit do 

not impose sanctions, and do not set 

deadlines for imposing sanctions as 

described in section 179, because these 

findings do not pertain to the elements 

of a Title I part D plan for 

nonattainment areas as required under 

section 110(a)(2)(I), and because this 

action is not a SIP call pursuant to 

section 110(k)(5). The EPA will work 

with these states and provide assistance 

as necessary to help them develop 

approvable submittals in a timely 

manner. 

This action will be effective on 

October 11, 2011. 

Findings of Failure To Submit for States 

That Failed To Make an Infrastructure 

SIP Submittal in Whole or in Part for the 

2006 24 Hour PM2.5 NAAQS 

Region II 

Puerto Rico failed to submit a SIP to 

satisfy the requirements of section 

110(a)(2)(A)–(C), (D)(i)(II) (PSD prong 

only), (E)–(H) and (J)–(M). 

Region III 

District of Columbia failed to submit 

a SIP to satisfy the requirements of 

section 110(a)(2)(D)(i)(II) (PSD prong 

only). Regarding this finding, section 

110(a)(2)(D)(i)(II) (PSD prong only) is 

already addressed for the District of 

Columbia through an existing FIP that 

remains in place. Therefore, this action 

will not trigger any additional FIP 

obligation with respect to these 

requirements. 

Region VII 

Iowa failed to submit a SIP to satisfy 

the requirements of section 

110(a)(2)(A)–(C), (D)(i)(II) (PSD prong 

only), (E)–(H) and (J)–(M). 

Region VIII 

Montana failed to submit for section 

110(a)(2)(D)(i)(II) (PSD prong only). 

Region IX 

Arizona failed to submit for section 

110(a)(2)(G). 

Hawaii failed to submit for section 

110(a)(2)(A)–(C), (D)(i)(II) (PSD prong 

only), (E)–(H) and (J)–(M). 

Region X 

Alaska failed to submit for section 

110(a)(2)(A)–(C), (E)–(H) and (J)–(M). 

Washington failed to submit for 

section 110(a)(2)(A)–(C), (D)(i)(II) (PSD 

prong only), (E)–(H) and (J)–(M). 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden. This rule 

relates to the requirement in the CAA 

for states to submit SIPs under section 

110(a) to satisfy certain infrastructure 

and general authority-related elements 

required under section 110(a)(2) of the 

CAA for the 2006 PM2.5 NAAQS. 

Section 110(a)(1) of the CAA requires 

that states submit SIPs that implement, 

maintain, and enforce a new or revised 

NAAQS which satisfies the 

requirements of section 110(a)(2) within 

3 years of promulgation of such 

standard, or shorter period as the EPA 

may provide. The final rule does not 

establish any new information 

collection requirement apart from that 

already required by law. The OMB 

control numbers for the EPA’s 

regulations in the CFR are listed in 40 

CFR Part 9. 

C. Regulatory Flexibility Act (RFA) 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

action subject to notice and comment 

rulemaking requirements under the 

Administrative Procedures Act or any 

other statute unless the agency certifies 

that the action will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. 

For the purpose of assessing the 

impacts of this final action on small 

entities, small entity is defined as: (1) A 

small business that is a small industry 

entity as defined in the U.S. Small 

Business Administration size standards 

(See 13 CFR 121); (2) a small 

governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which independently 

owned and operated is not dominate in 

its field. 

After considering the economic 

impacts of this final action on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

This action relates to the requirement in 

the CAA for states to submit SIPs under 

section 110(a) to satisfy certain 

infrastructure and general authorityrelated elements required under section 

110(a)(2) of the CAA for the 2006 PM2.5

NAAQS. Section 110(a)(1) of the CAA 

requires that states submit SIPs that 

implement, maintain, and enforce a new 

or revised NAAQS which satisfies the 

requirements of section 110(a)(2) within 

3 years of promulgation of such 

standard, or shorter period as the EPA 

may provide. 

D. Unfunded Mandates Reform Act of 

1995 (UMRA) 

This action contains no federal 

mandate under the provisions of Title II 

of the Unfunded Mandates Reform Act 

of 1995, 2 U.S.C. 1531–1538 for state, 

local, and tribal governments and the 

private sector. The action does not 

impose any new enforceable duty on 

any state, local or private sector. 

Therefore, this action is not subject to 

the requirements of section 202 and 205 

of the UMRA. 

This action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. This 

action relates to the requirement in the 

CAA for states to submit SIPs under 

section 110(a) to satisfy certain 

infrastructure and general authorityrelated elements required under section 

110(a)(2) of the CAA for the 2006 PM2.5

NAAQS. Section 110(a)(1) of the CAA 

requires that states submit SIPs that 

implement, maintain, and enforce a new 

or revised NAAQS which satisfies the 

requirements of section 110(a)(2) within 

3 years of promulgation of such 

standard, or shorter period as the EPA 

may provide. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not 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 government, as specified in 

Executive Order 13132. The CAA 

establishes the scheme whereby states 

take the lead in developing plans to 

meet the NAAQS. This action will not 


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55580 Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations 

modify the relationship of the states and 

the EPA for purposes of developing 

programs to implement the NAAQS. 

Thus, Executive Order 13132 does not 

apply to this action. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249). It does not 

have a substantial direct effect on one or 

more Indian Tribes, because no Tribe 

has implemented an air quality 

management program related to the 

2006 PM2.5 NAAQS. Furthermore, this 

action does not affect the relationship or 

distribution of power and 

responsibilities between the federal 

government and Indian Tribes. The 

CAA and the Tribal Air Rule establish 

the relationship of the federal 

government and Tribes in developing 

plans to attain the NAAQS, and this rule 

does nothing to modify that 

relationship. Thus, Executive Order 

13175 does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets Executive Order 

13045 (62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it is 

making findings concerning whether or 

not each state has submitted a complete 

SIP that provides the basic program 

elements specified in CAA section 

110(a)(2) necessary to implement the 

2006 PM2.5 NAAQS. The findings of 

failure to submit for all or a portion of 

states’ SIP establish a 24-month 

deadline for the EPA to promulgate FIPs 

to address the outstanding SIP elements 

unless, prior to that time, the affected 

states submit, and the EPA approves, 

the required SIPs. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ as defined in Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. At the 

time of proposal of the implementation 

rule for the 1997 PM2.5 standard, 

information on the methodology and 

data regarding the assessment of 

potential energy impacts regarding 

implementation of the 2006 PM2.5

standard was not addressed because the 

PM2.5 NAAQS is not a significant energy 

action. This is based on the fact that no 

impacts are specifically ascribed to the 

standard only. Potential energy impacts 

are ascribed during the implementation 

phase by the states. An energy impact 

analysis, as part of a regulatory impact 

analysis or other assessment for the 

PM2.5 NAAQS rule, was prepared by the 

Office of Air Quality Planning and 

Standards, Research Triangle Park, NC, 

April 24, 2003. [October 17, 2006 (71 FR 

60853)] 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer Advancement Act 

of 1995 (NTTAA), Public Law 104–113, 

section 12(d) (15 U.S.C. 272 note) 

directs the EPA to use voluntary 

consensus standards (VCS) in its 

regulatory activities unless to do so 

would be inconsistent with applicable 

law or otherwise impracticable. VCS are 

technical standards (e.g., materials 

specifications, test methods, sampling 

procedures, and business practices) that 

are developed or adopted by VCS 

bodies. The NTTAA directs the EPA to 

provide Congress, through OMB, 

explanations when the agency decides 

not to use available and applicable VCS. 

This action does not involve technical 

standards. Therefore, the EPA did not 

consider the use of any VCS. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

The EPA has determined that this 

final action will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not directly affect the 

level of protection provided to human 

health or the environment. This notice 

is making a finding concerning whether 

each state has submitted or failed to 

submit a complete SIP that provides the 

basic program elements of section 

110(a)(2) necessary to implement the 

2006 PM2.5 NAAQS. 

K. Congressional Review Act 

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. The 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 action 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). This action will be effective 

October 11, 2011. 

L. Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the District of 

Columbia Circuit Court within 60 days 

from the date the final action is 

published in the Federal Register. 

Filing a petition for review by the 

Administrator of this final action 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 must be 

final, and shall not postpone the 

effectiveness of such action. 

Thus, any petitions for review of this 

action related to findings of failure to 

submit related to the requirements of 

section 110(a) to satisfy certain elements 

required under section 110(a)(2) of the 

CAA for the 2006 PM2.5 NAAQS must be 

filed in the Court of Appeals for the 

District of Columbia Circuit within 60 

days from the date final action is 

published in the Federal Register. 

List of Subjects in 40 CFR Part 52 

Approval and promulgation of 

implementation plans, Environmental 

protection, Administrative practice and 

procedures, Air pollution control, 

Incorporation by reference, 

Intergovernmental relations, and 

Reporting and recordkeeping 

requirements. 


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Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations 55581 

Dated: August 31, 2011. 

Gina McCarthy, 

Assistant Administrator, Office of Air and 

Radiation. 

[FR Doc. 2011–22838 Filed 9–7–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0594; FRL–9456–6] 

Revision to the California State 

Implementation Plan; Yolo-Solano Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the YoloSolano Air Quality Management District 

portion of the California State 

Implementation Plan (SIP). This 

revision concerns volatile organic 

compound (VOC) emissions from 

expandable polystyrene product 

manufacturing operations. We are 

approving a local rule that regulates 

these emission sources under the Clean 

Air Act as amended in 1990 (CAA). 

DATES: This rule is effective on 

November 7, 2011 without further 

notice, unless EPA receives adverse 

comments by October 11, 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–2011–0594, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. E-mail: 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 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 section. 

FOR FURTHER INFORMATION CONTACT: Mae 

Wang, EPA Region IX, (415) 947–4124, 

wang.mae@epa.gov. 

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? 

We are approving Yolo-Solano Air 

Quality Management District 

(YSAQMD) Rule 2.41, adopted on 

September 10, 2008, and submitted by 

the California Air Resources Board 

(CARB) on December 23, 2008. On April 

20, 2009, EPA determined that the 

submittal for Rule 2.41 met 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? 

There is no previous version of this 

rule in the SIP, and no previous 

versions have been submitted. 

C. What is the purpose of the submitted 

rule? 

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. Rule 2.41 was designed to 

control VOC emissions from the 

manufacturing of expandable 

polystyrene products. The rule requires 

all products to be manufactured with 

either low-pentane or mid-pentane 

beads. Manufacturing emissions must be 

controlled by an emissions control 

system with a capture efficiency of at 

least 90% and a destruction efficiency 

of at least 95%. 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 

CAA), 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)), must not interfere 

with any applicable requirement 

concerning attainment and reasonable 

further progress or any other applicable 

requirement of the CAA (see section 

110(l) of the CAA), and must not 

modify, in a nonattainment area, any 

SIP-approved control requirement in 

effect before November 15, 1990 (see 

section 193 of the CAA). The YSAQMD 

regulates an ozone nonattainment area 

(see 40 CFR part 81), so Rule 2.41 must 

fulfill RACT as well as CAA section 

110(l) requirements. 

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 VOC Emissions from 

Polystyrene Foam Manufacturing’’ 

(EPA–450/3–90–020, September 1990). 


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