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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55582 Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations 

B. Does the rule meet the evaluation 

criteria? 

We believe this rule is consistent with 

the relevant policy and guidance 

regarding enforceability, RACT, and 

CAA section 110(l). The SIP revision 

would not interfere with the on-going 

process for ensuring that requirements 

for reasonable further progress and 

attainment of the National Ambient Air 

Quality Standards are met. 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 CAA, 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 October 11, 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 7, 

2011. This will incorporate the rule 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 CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. 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 CAA; 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 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. 804(2). 

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 appropriate 

circuit by November 7, 2011. 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: August 8, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 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 paragraph (c)(364)(i)(C) to read 

as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(364) * * * 

(i) * * * 

(C) Yolo-Solano Air Quality 

Management District. 


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Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations 55583 

1Each CAS Registry Number (often referred to as 

a CAS Number): Is a unique numeric identifier, 

designates only one substance, and has no chemical 

significance. From the CAS Web site: http://www.

cas.org/expertise/cascontent/registry/regsys.html. 

2Petition for Rulemaking Correction, CAS 

Numbers in Title 40, Code of Federal Regulations, 

Section 302.4, Table 302.4—List of Hazardous 

Substances and Reportable Quantities, Appendix A 

to Section 302.4—Sequential CAS Registry Number 

List of CERCLA Hazardous Substances, and Section 

116.4 Designation of Hazardous Substances. 

(1) Rule 2.41, ‘‘Expandable 

Polystyrene Manufacturing Operations,’’ 

adopted on September 10, 2008. 

* * * * * 

[FR Doc. 2011–22975 Filed 9–7–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 116 and 302 

[EPA–HQ–SFUND–2011–0565; FRL–9460–9] 

Designation of Hazardous Substances; 

Designation, Reportable Quantities, 

and Notification 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: EPA is issuing a technical 

amendment to correct, by removal of 

three Chemical Abstracts Service 

Registry Numbers that were erroneously 

included in the list of hazardous 

substances under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act. 

DATES: This final rule is effective on 

September 8, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–SFUND–2011–0565. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the Superfund Docket, EPA/DC, 

EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the 

Superfund Docket is (202) 566–0276. 

FOR FURTHER INFORMATION CONTACT: 

Lynn Beasley, Regulation and Policy 

Development Division, Office of 

Emergency Management (5104A), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone number: (202) 

564–1965; fax number: (202) 564–2625; 

e-mail address: beasley.lynn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

Type of entity Examples of affected entities 

Federal Agencies ........................ National Response Center and any Federal agency that may release or respond to releases of hazardous 

substances. 

State and Local Governments .... State Emergency Response Commissions, and Local Emergency Planning Committees. 

Responsible Parties .................... Those entities responsible for the release of a hazardous substance from a vessel or facility. Those entities 

with an interest in the substances incorrectly identified by their Chemical Abstracts Service Registry Number(s) as a hazardous substance. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this action. This table lists 

the types of entities that EPA is now 

aware could potentially be regulated by 

this action. Other types of entities not 

listed in the table could also be 

regulated. If you have questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

B. How can I get copies of this document 

and other related information? 

The current information is as follows: 

• Docket ID No. EPA–HQ–SFUND– 

2011–0565. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. 

II. What does this correction do? 

This technical amendment is a 

correction to remove three Chemical 

Abstracts Service (CAS) Registry 

Numbers that were erroneously 

identified with Sodium Phosphate, 

tribasic, from the following Title 40 of 

the Code of Federal Regulations: Table 

116.4 A—List of Hazardous Substances; 

Table 116.4 B—List of Hazardous 

Substances by CAS Number; Table 

302.4—List of Hazardous Substances 

and Reportable Quantities; and 

Appendix A to section 302.4— 

Sequential CAS Registry Number List of 

CERCLA Hazardous Substances. The 

three correct Chemical Abstracts Service 

Registry Numbers remain on these 

tables. 

On March 13, 1978, EPA issued a 

final rule in the Federal Register that 

designated hazardous substances under 

the authority of section 311(b)(2)(A) of 

the Federal Water Pollution Control Act 

(aka, Clean Water Act or CWA). On 

April 4, 1985, EPA issued a final rule in 

the Federal Register that designated 

hazardous substances and adjusted the 

reportable quantities under the 

authority of section 102(a) of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA). In both of these rules, 

Sodium Phosphate, tribasic was 

designated as a hazardous substance. 

For the convenience of the user, 

hazardous substances are presented in 

Tables and an Appendix that include 

the CAS Registry Number for each 

hazardous substance. In some cases, a 

chemical name may have more than one 

CAS Registry Number associated with it 

due to the chemical’s various forms; 

however, CAS Registry Numbers are 

unique to a chemical or substance.1

That is, two substances or forms of a 

substance do not have the same CAS 

Registry Number. Sodium Phosphate, 

tribasic has three CAS Registry Numbers 

associated with its chemical name. 

Those CAS Registry Numbers are 7601– 

54–9, 10101–89–0, and 13061–89–4. 

The first, 7601–54–9 is associated with 

the sodium salt of Sodium Phosphate, 

tribasic. The second, 10101–89–0 is 

associated with the dodecahydrate (i.e., 

12 H2O) form of Sodium Phosphate, 

tribasic. And the third, 10361–89–4 is 

associated with the decahydrate (i.e., 10 

H2O) form of Sodium Phosphate, 

tribasic. Those CAS Registry Numbers 

will continue to appear on the above 

cited tables and lists in Title 40 of the 

Code of Federal Regulations. 

A petition from the International Food 

Additives Counsel,2 dated March 14, 


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