Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Rules and Regulations 1715 

EPA-APPROVED MISSISSIPPI REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Explanation 

APC–S–3 Regulations for the Prevention of Air Pollution Emergency Episodes 

Section 1 .................... General ............................................................. 2/4/72 5/31/72, 37 FR 10875.

Section 2 .................... Definitions ......................................................... 2/4/72 5/31/72, 37 FR 10875.

Section 3 .................... Episode Criteria ................................................ 6/3/88 11/13/89, 54 FR 47211.

Section 4 .................... Emission Control Action Programs ................... 2/4/72 5/31/72, 37 FR 10875.

Section 5 .................... Emergency Orders ............................................ 6/3/88 11/13/89, 54 FR 47211.

APC–S–5 Regulations for the Prevention of Significant Deterioration of Air Quality 

All ............................... ........................................................................... 8/27/05 7/10/06, 71 FR 38773. 

* * * * * 

[FR Doc. 2010–348 Filed 1–12–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0474; FRL–9100–1] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVAPCD) portion of the California 

State Implementation Plan (SIP). These 

revisions were proposed in the Federal 

Register on August 14, 2009 and 

concern oxides of nitrogen (NOX) and 

particulate matter (PM) emissions from 

boilers of various capacities. We are 

approving local rules that regulate these 

emission sources under the Clean Air 

Act as amended in 1990 (CAA or the 

Act). 

DATES: Effective Date: This rule is 

effective on February 12, 2010. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2009–0474 for 

this action. The index to the docket is 

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 in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), 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: 

Idalia Perez, EPA Region IX, (415) 972– 

3248, perez.idalia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On August 14, 2009 (74 FR 41104), 

EPA proposed to approve the following 

rules into the California SIP. 

Local agency Rule No. Rule title Adopted Submitted 

SJVAPCD ...................................................... 4306 Boilers, Steam Generators and Process Heaters— 

Phase 3.

10/16/08 03/17/09 

SJVAPCD ...................................................... 4307 Boilers, Steam Generators and Process Heaters—2.0 

MMbtu/hr to 5.0 MMbtu/hr.

10/16/08 03/17/09 

We proposed to approve these rules 

because we determined that they 

complied with the relevant CAA 

requirements. Our proposed action 

contains more information on the rules 

and our evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we received no comments. 

III. EPA Action 

Since publication of the proposed 

action, we identified two minor issues 

regarding Rule 4307 that do not change 

our assessment that the submitted rule 

complies with the relevant CAA 

requirements. Nonetheless, revisions to 

these provisions should be made when 

the Rule is next revised. 

We have identified the possibility that 

some units that are subject to Rule 4307 

do not need exemptions from basic 

emission limits during start-up and 

shutdown periods as long as they are 

maintained and operated appropriately. 

For example, we believe that heater 

treaters which rely only on low-NOX

burners for compliance are capable of 

consistent compliance with the Rule’s 

basic emission limits during these 

periods. As a result, Section 5.4 should 

be revised to remove the start-up and 

shutdown exemption period for such 

devices. 

Currently Section 6.1.4 requires 

recordkeeping only if the start-up and 

shut-down event exceeds the limitations 

of the duration of such events in Section 

5.4.1 or 5.4.2. EPA recommends that 

Section 6.1.4 of Rule 4307 be revised to 

require records that specify the duration 

of all start-up and shut-down periods (at 

least for units located at Title V 

facilities). EPA notes that the limited 

applicability of the current version of 

6.1.4 may not be appropriate in other 

rules, particularly those where periodic 

or continuous monitoring is required. 

No comments were submitted that 

change our assessment that the 

submitted rules comply with the 

relevant CAA requirements. Therefore, 

as authorized in section 110(k)(3) of the 

Act, EPA is fully approving these rules 

into the California SIP. 


erowe on DSK5CLS3C1PROD with RULES
1716 Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Rules and Regulations 

IV. 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, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, these rules do 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 March 15, 2010. 

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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements. 

Dated: November 23, 2009. 

Laura Yoshii, 

Acting 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)(363)(i)(A)(3) and 

(4) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(363) * * * 

(i) * * * 

(A) * * * 

(3) Rule 4306, ‘‘Boilers, Steam 

Generators and Process Heaters—Phase 

3, ’’ adopted on October 16, 2008. 

(4) Rule 4307, ‘‘Boilers, Steam 

Generators and Process Heaters—2.0 

MMbtu/hr to 5.0 MMbtu/hr,’’ adopted 

on October 16, 2008. 

* * * * * 

[FR Doc. 2010–352 Filed 1–12–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0024; FRL–9097–2] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing a limited 

approval and limited disapproval of 

revisions to the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) portion of the California 

State Implementation Plan (SIP). This 

action was proposed in the Federal 

Register on August 19, 2009, and 

concerns a local fee rule that applies to 

major sources of volatile organic 

compound and nitrogen oxide 

emissions in the San Joaquin Valley 

ozone nonattainment area. Under 

authority of the Clean Air Act as 

amended in 1990 (CAA or the Act), this 

action simultaneously approves a local 

rule that regulates these emission 

sources and directs California to correct 

rule deficiencies. 

DATES: Effective Date: This rule is 

effective on February 12, 2010. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2009–0024 for 

this action. The index to the docket is 

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 in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), 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. 


erowe on DSK5CLS3C1PROD with RULES