ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0761; FRL-]

Revisions to the California State Implementation Plan, 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 (SJVUAPCD) 

portions of the California State Implementation Plan (SIP). 

These revisions were proposed in the Federal Register on October 

6, 2011 and concern volatile organic compound (VOC) emissions 

from Motor Vehicle and Motor Equipment Coating Operations and 

Adhesives and Sealants. We are approving local rules that 

regulate these emission sources under the Clean Air Act as 

amended in 1990 (CAA or the Act).

EFFECTIVE DATE: This rule is effective on [Insert date 30 days 

from the date of publication in the Federal Register].

ADDRESSES: EPA has established docket number EPA-R09-OAR-2011-

0761 for this action. Generally, documents in the docket for 

this action are available electronically at 

http://www.regulations.gov or in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, California. While all documents 
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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, multi-volume 

reports), and some may not be available in either location (e.g., 

confidential business information (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. Proposed Action

II. Public Comments and EPA Responses

III. EPA Action

IV. Statutory and Executive Order Reviews

I. Proposed Action

On October 6, 2011 (76 FR 62002), EPA proposed to approve the 

following rules into the California SIP.

Local 

Agency

Rule 

#

Rule Title Amended Submitted

SJVUAPCD 4612 Motor Vehicle and Mobile 

Equipment Coating 

10/21/10 4/5/11
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Local 

Agency

Rule 

#

Rule Title Amended Submitted

Operations

SJVUAPCD 4653 Adhesives and Sealants 09/16/10 4/5/11

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

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. 

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 
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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 (Public Law 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);
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• 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 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 
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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). 

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, 

Incorporation by reference, Reporting and recordkeeping 

requirements, Volatile organic compounds.

11/18/2011 //signed//__

Dated: Jared Blumenfeld,

Regional Administrator,

Region IX.
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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)(388) 

(i)(B)(2)and(3) to read as follows: 

§52.220 Identification of plan.

* * * * *

(c) * * *

(388) * * *

(i) * * *

(B) * * *

(2) Rule 4612, “Motor Vehicle and Mobile Equipment Coating,” 

amended on October 21, 2010.

(3) Rule 4653, “Adhesives and Sealants,” amended on September

16, 2010.

* * * * *