14178 Federal Register / Vol. 79, No. 49 / Thursday, March 13, 2014 / Rules and Regulations 

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 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 [insert date 60 

days from date of publication of this 

document in the Federal Register]. 

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. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: December 16, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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 (c)(381) (i)(K) and 

(382)(ii) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(381) * * * 

(i) * * * 

(K) South Coast Air Quality 

Management District. 

(1) Rule 1112.1, ‘‘Emissions of 

Particulate Matter and Carbon 

Monoxide from Cement Kilns,’’ 

amended on December 4, 2009. 

* * * * * 

(382) * * * 

(i) * * * 

(ii) Additional Material 

(A) El Dorado County Air Quality 

Management District. 

(1) El Dorado County Air Quality 

Management District Reasonably 

Available Control Technology (RACT) 

State Implementation Plan (SIP) Update 

Analysis Staff Report (‘‘2006 RACT 

SIP’’) adopted on February 6, 2007. 

* * * * * 

[FR Doc. 2014–05387 Filed 3–12–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0806; FRL–9905–18– 

Region 9] 

Revisions to the California State 

Implementation Plan, Placer County 

Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the Placer 

County Air Pollution Control District 

(PCAPCD) portion of the California State 

Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from 

graphic arts operations and from surface 

preparation and cleaning operations. 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 May 12, 

2014 without further notice, unless EPA 

receives adverse comments by April 14, 

2014. 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–2013–0806, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: 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 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 

www.regulations.gov or email. 

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 email 

directly to EPA, your email 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 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 

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: 

Andrew Steckel, EPA Region IX, (415) 

947–4115, steckel.andrew@epa.gov. 

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? 

C. EPA recommendations to further 

improve the rules. 

D. Public comment and final action. 

III. Statutory and Executive Order Reviews 


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Federal Register / Vol. 79, No. 49 / Thursday, March 13, 2014 / Rules and Regulations 14179 

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 PCAPCD and submitted by 

the California Air Resources Board 

(CARB). 

TABLE 1—SUBMITTED RULES

Local agency Rule # Rule title Amended Submitted 

PCAPCD ................................. 239 Graphic Arts Operations ......................................................... 10/11/12 02/06/13 

PCAPCD ................................. 240 Surface Preparation and Cleanup .......................................... 12/11/03 09/24/13 

B. Are there other versions of these 

rules? 

We approved an earlier version of 

PCAPCD Rule 239 into the SIP on 

November 13, 1998 (63 FR 63410). No 

previous version of PCAPCD Rule 240 

has been approved into the SIP. 

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 by limiting VOC content in 

solvents and coatings. 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), and must not relax existing 

requirements (see sections 110(1) and 

193). In addition, SIP rules must 

implement Reasonably Available 

Control Measures (RACM), including 

Reasonably Available Control 

Technology (RACT), in moderate and 

above ozone nonattainment areas. 

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 Techniques Guidelines for 

Control Techniques Guidelines for 

Offset Lithographic Printing and 

Letterpress Printing, September 2006 

(EPA–453/R–06–002), 

4. ‘‘Control Techniques Guidelines for 

Control of Volatile Organic Compound 

Emissions from Industrial Cleaning 

Solvents’’, EPA, September 2006 (EPA– 

453/R–06–001) 

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 April 14, 2014, 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 May 12, 2014. 

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.); 

• 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). 


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14180 Federal Register / Vol. 79, No. 49 / Thursday, March 13, 2014 / Rules and Regulations 

1Public Law 92–463, 86 Stat. 770 (Oct. 6, 1972), 

as amended, 5 U.S.C. App. 

2Sec. 3, Public Law 92–463, as amended, 5 U.S.C. 

App. 

3Secs. 9, 10, Public Law 92–463, as amended, 5 

U.S.C. App. 

4Sec. 7, Public Law 92–463, as amended, 5 U.S.C. 

App. 

5Sec. 8, Public Law 92–463, as amended, 5 U.S.C. 

App. 

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 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 May 12, 2014. 

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, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: December 19, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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 (c)(428) (i)(A)(2) and 

(c)(434) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(428) * * * 

(i) * * * 

(A) * * * 

(2) Rule 239, ‘‘Graphic Arts 

Operations,’’ amended on October 11, 

2012. 

* * * * * 

(434) New and amended regulations 

for the following APCDs was submitted 

on September 24, 2013, by the 

Governor’s Designee. 

(i) Incorporation by Reference. 

(A) Placer County Air Pollution 

Control District. 

(1) Rule 240, ‘‘Surface Preparation 

and Cleanup,’’ amended on December 

11, 2003. 

* * * * * 

[FR Doc. 2014–05229 Filed 3–12–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 12 

[Docket ID: FEMA–2014–0011] 

RIN 1660–AA81 

Removal of Federal Advisory 

Committee Act Regulations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This final rule removes the 

regulations that implement the Federal 

Advisory Committee Act (FACA) for the 

Federal Emergency Management Agency 

(FEMA). FEMA’s implementation of 

FACA is now governed by the rules 

promulgated by the General Services 

Administration (GSA) and by the 

policies issued by the Department of 

Homeland Security (DHS). 

DATES: Effective Date: April 14, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Program Information: Demaris 

Belanger, Group Federal Officer (GFO), 

Office of the Chief Administrative 

Officer, Mission Support Bureau, 

Federal Emergency Management 

Agency, Room 706–A, 500 C Street SW., 

Washington, DC 20472–3000, phone: 

202–212–2182, email: 

demaris.belanger@dhs.gov. 

Legal Information: Michael Delman, 

Attorney Advisor, Office of Chief 

Counsel, Federal Emergency 

Management Agency, 8NE, 500 C Street 

SW., Washington, DC 20472–3100, 

phone: 202–646–2447, email: 

michael.delman@fema.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Federal Advisory Committee 

Act 1 of 1972 (FACA) governs the 

establishment, operation, oversight, and 

termination of advisory committees 

within the executive branch of the 

Federal Government. With certain 

exceptions, an advisory committee is 

‘‘any committee, board, commission, 

council, conference, panel, task force, or 

other similar group, or any 

subcommittee or other subgroup 

thereof’’ established or utilized by the 

President or one or more agencies, or 

established by statute, for the purpose of 

obtaining advice or recommendations.2

FACA includes requirements that each 

advisory committee have a charter and 

that meetings be open to the public, 

subject to certain limited exceptions.3

FACA also establishes a Committee 

Management Secretariat within the 

General Services Administration (GSA) 

that is responsible for all matters related 

to advisory committees.4 Pursuant to 

Executive Order 12024, the 

Administrator of GSA has been 

delegated all of the functions vested in 

the President by FACA. FACA requires 

that each agency establish uniform 

administrative guidelines and 

management controls for advisory 

committees established by the agency.5

The Federal Emergency Management 


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