Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations 30025 

(b) The regulation. All persons, 

swimmers, vessels and other craft, 

except those vessels under the 

supervision or contract to local military 

or Naval authority, vessels of the United 

States Coast Guard, and local or state 

law enforcement vessels, are prohibited 

from entering the restricted area when 

marked by a signed floating buoy line 

without permission from the United 

States Navy, Supervisor of Shipbuilding 

Gulf Coast or his/her authorized 

representative. 

(c) Enforcement. The regulation in 

this section shall be enforced by the 

United States Navy, Supervisor of 

Shipbuilding Gulf Coast and/or such 

agencies or persons as he/she may 

designate. 

Dated: May 17, 2011. 

Michael G. Ensch, 

Chief, Operations and Regulatory, Directorate 

of Civil Works. 

[FR Doc. 2011–12816 Filed 5–23–11; 8:45 am] 

BILLING CODE 3720–58–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0355; FRL–9303–9] 

Revisions to the California State 

Implementation Plan, Placer County 

Air Pollution Control District and 

Ventura County Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the Placer 

County Air Pollution Control District 

(PCAPCD) and Ventura County Air 

Pollution Control District (VCAPCD) 

portion of the California State 

Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from 

surface coating of metal parts and 

products. 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 July 25, 

2011 without further notice, unless EPA 

receives adverse comments by June 23, 

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–2011–0355, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://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: 

Adrianne Borgia, EPA Region IX, (415) 

972–3576, borgia.adrianne@epa.gov. 

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? 

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). 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
30026 Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted Submitted 

PCAPCD ........... 245 Surface Coating of Metal Parts and Products ............................................. 8/20/09 1/10/10 

VCAPCD ........... 74.12 Surface Coating of Metal Parts and Products ............................................. 4/8/08 1/10/10 

On February 4, 2010, EPA determined 

that both submittals 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 these 

rules? 

There are no previous versions of 

PCAPCD Rule 245 in the SIP. 

We approved an earlier version of 

VCAPCD Rule 74.12 into the SIP on 

10/25/2005(70FR61561). 

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. Both PCAPCD Rule 245 and 

VCAPCD Rule 74.12 limit emissions of 

VOC from the application of coatings, 

coating removers (strippers), surface 

preparation materials, and cleanup 

materials in metal parts and products 

coating operations. EPA’s technical 

support documents (TSD) 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). PCAPCD and VCAPCD 

regulate an ozone nonattainment area 

(see 40 CFR part 81), so PCAPCD Rule 

245 and VCAPCD Rule 74.12 must 

fulfill RACT. 

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 

Miscellaneous Metal and Plastic Parts 

Coating,’’ EPA–453/R–08–003, 

September 2008. 

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 June 23, 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 July 25, 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.); 

• 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 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations 30027 

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. 804(2). 

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 

compounds. 

Dated: April 25, 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 paragraphs (c)(378)(i)(B) and (C) 

to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(378) * * * 

(i) * * * 

(B) Placer County Air Pollution 

Control District. 

(1) Rule 245, ‘‘Surface Coating of 

Metal Parts and Products,’’ amended on 

August 20, 2009. 

(C) Ventura County Air Pollution 

Control District. 

(1) Rule 74.12, ‘‘Surface Coating of 

Metal Parts and Products,’’ adopted on 

April 8, 2008. 

* * * * * 

[FR Doc. 2011–12611 Filed 5–23–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 268 

[EPA–HQ–RCRA–2010–0851; FRL–9310–2] 

Land Disposal Restrictions: SiteSpecific Treatment Variance for 

Hazardous Selenium-Bearing Waste 

Treated by U.S. Ecology Nevada in 

Beatty, NV and Withdrawal of SiteSpecific Treatment Variance for 

Hazardous Selenium-Bearing Waste 

Treatment Issued to Chemical Waste 

Management in Kettleman Hills, CA 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of Direct Final Rule. 

SUMMARY: Because EPA received 

adverse comment, we are withdrawing 

the Direct Final rule that granted a sitespecific treatment variance to U.S. 

Ecology Nevada in Beatty, Nevada and 

withdrew an existing site-specific 

treatment variance issued to Chemical 

Waste Management, Inc. in Kettleman 

Hills, California. The Direct Final rule 

pertains to the treatment of a hazardous 

waste generated by the OwensBrockway Glass Container Company in 

Vernon, California that is unable to meet 

the concentration-based treatment 

standard for selenium established under 

the Land Disposal Restrictions program. 

EPA also issued a parallel proposal to be 

used as the basis for the final action in 

the event that EPA received any adverse 

comments on the Direct Final rule. 

DATES: Effective May 24, 2011, EPA 

withdraws the Direct Final rule 

published at 76 FR 18921 on April 6, 

2011. 

FOR FURTHER INFORMATION CONTACT: For 

more information, contact Jesse Miller, 

Materials Recovery and Waste 

Management Division, Office of 

Resource Conservation and Recovery 

(MC 5304 P), U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460; 

telephone (703) 308–1180; fax (703) 

308–0522; or miller.jesse@epa.gov. 

SUPPLEMENTARY INFORMATION: Because 

EPA received adverse comment, we are 

withdrawing the Direct Final rule that 

amended the Land Disposal Restrictions 

treatment standards (40 CFR part 

268.44(o)) by granting a site-specific 

treatment variance to U.S. Ecology 

Nevada in Beatty, Nevada and 

withdrawing an existing site-specific 

treatment variance issued to Chemical 

Waste Management, Inc. in Kettleman 

Hills, California, published on April 6, 

2011 at 76 FR 18921. We stated in that 

Direct Final rule that if we received 

adverse comment by May 6, 2011, the 

Direct Final rule would not take effect 

and we would publish a timely 

withdrawal in the Federal Register. We 

subsequently received adverse comment 

on that Direct Final rule. We will 

address those comments in any 

subsequent final action, which will be 

based on the parallel proposed rule also 

published on April 6, 2011 at 76 FR 

18921. As stated in the Direct Final rule 

and the parallel proposed rule, we will 

not institute a second comment period 

on this action. 

List of Subjects in 40 CFR Part 268 

Environmental protection, Hazardous 

waste, and Variances. 

Dated: May 17, 2011. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

Accordingly, the amendments to the 

rule published on April 6, 2011 (76 FR 

18921) are withdrawn as of May 24, 

2011. 

[FR Doc. 2011–12783 Filed 5–23–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1983–0002; FRL–9310–8] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 8 is publishing a 

direct final Notice of Partial Deletion of 

the remaining portions of Operable Unit 

9 (OU9), the Residential Populated 

Areas, of the California Gulch 

Superfund Site (Site), located in Lake 

County, Colorado, from the National 

Priorities List (NPL). The NPL, 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1