ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [ EPA

- R09

- OAR

- 2011

- 0 7 6 1 ; 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) portion s 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

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- 2011

- 0 7 6 1 for this action. Generally, documen ts 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 documents2

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 I V . Statutory and Executive Order Reviews I. Proposed A ction
On Octo ber 6 , 2011 ( 76 FR 62002 ), EPA proposed to approve the following rules into the C ali fornia SIP.

Local Agency Rule

# Rule Title A mend ed Submitted
SJVUAPCD 4 612 Motor Vehicle and Mobile Equipment Coating 10 / 21 / 1 0 4/5 / 113

Local Agency Rule

# Rule Title A mend ed Submitted

Operations

SJVUAPCD 46 53 Adhesives and Sealants 0 9 /1 6 / 1 0 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 t he 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 appro ve 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 S tate choices, provided that they meet the criteria of4

the Clean Air Act. Accordingly, this action merely approves
S tate law as meeting Federal requirements and does not impose additional requirements beyond those imposed by S tate law. For that reason, th is 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 s ignificantly 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 econom ically 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);5

• 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 aut hority 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 S tate, 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 inclu des 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 the6

Comptr oller 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.7

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. Subp art F

– California 2. Section 52.2 20, i s amended by adding paragraphs (c)(3 88 ) (i)( B )( 2 )and( 3 ) to read as follows: § 52.2 20 Identification of plan
.

* * * * * (c) * * * (3 88 ) * * * (i) * * * ( B ) * * * ( 2 ) Rule 4 612 , “ Motor Vehicle and Mobile Equipment Coating ,” amended on October 21 , 20 1 0
.
( 3 ) Rule 46 53 , “ Adhesives and Sealants ,” amended on September 16, 201 0
.

* * * * *