Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations 59249 

Maintenance Areas: Degreasing and 

Solvent Cleaning Operations; Rule 

R307–341, Ozone Nonattainment and 

Maintenance Areas: Cutback Asphalt; 

and, UAC R307–342, Ozone 

Nonattainment and Maintenance Areas: 

Qualification of Contractors and Test 

Procedures for Vapor Recovery Systems 

for Gasoline Delivery Tanks. Effective 

January 16, 2007 as published in the 

Utah State Bulletin on October 1, 2006 

in proposed form and February 1, 2007 

as finally adopted. 

(ii) Additional materials. 

(A) Utah State Implementation Plan, 

Section IX, Part D, 8-Hour Ozone 

Maintenance Provisions for Salt Lake 

and Davis Counties, with the following 

exceptions: Subsection 5.a.(3)(b), 

paragraphs 2, 3, and 4, beginning with 

‘‘The State of Utah . . .’’ and ending 

with ‘‘. . . (Stratospheric Ozone).’’ on 

pages 17 and 18; subsection 5.b.(1), 

beginning in paragraph 1 at ‘‘On April 

3, 2002 . . .’’ and ending with ‘‘the 

ozone maintenance plan.’’ at the end of 

paragraph 2 on page 18; subsection 5.g., 

Control Measure Carried Forward from 

the 1-hour Ozone Plan, on page 20; 

subsection 6.d., first bullet, Alert Day 

Enhancements, on page 22; subsection 

6.d., third bullet, Heavy Equipment 

Emission Control Program, on page 22; 

subsection 6.d., fourth bullet, phrase 

‘‘Request voluntary commitments or’’ on 

page 23; subsection 6.d., fifth bullet, 

Identification of High-Polluting 

Vehicles, on page 23; and, subsection 

6.d., sixth bullet, Establish an Offset 

Ratio for NOX, on page 23. Adopted by 

the Air Quality Board on January 3, 

2007. 

[FR Doc. 2013–23248 Filed 9–25–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0468; FRL–9900–74– 

Region 9] 

Revisions to the California State 

Implementation Plan, South Coast Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the South Coast Air Quality 

Management District (SCAQMD) portion 

of the California State Implementation 

Plan (SIP). This action was proposed in 

the Federal Register on June 24, 2013 

and concerns volatile organic 

compound (VOC), oxides of nitrogen 

(NOX), and particulate matter (PM) 

emissions from open burning and woodburning devices. We are approving local 

rules that regulate these emission 

sources under the Clean Air Act (CAA 

or the Act). 

DATES: These rules will be effective on 

October 28, 2013. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2013–0468 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 94105–3901. 

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, 

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: 

Christine Vineyard, EPA Region IX, 

(415) 947–4125, vineyard.christine@

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 June 24, 2013 (78 FR 37757), EPA 

proposed to approve the following rules 

into the California SIP. 

Local agency Rule No. Rule title Adopted Submitted 

SCAQMD ........................................................ 444 Open Burning ................................................. 05/03/13 06/11/13 

SCAQMD ........................................................ 445 Wood Burning Devices .................................. 05/03/13 06/11/13 

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. 

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 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); 

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59250 Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations 

• 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 

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 November 25, 

2013. 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, Volatile organic 

compounds. 

Dated: August 22, 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 paragraph (c)(430) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(430) New and amended regulations 

for the following APCD was submitted 

on June 11, 2013 by the Governor’s 

Designee. 

(i) Incorporation by Reference. 

(A) South Coast Air Quality 

Management District. 

(1) Rule 444, ‘‘Open Burning,’’ 

adopted on May 3, 2013. 

(2) Rule 445, ‘‘Wood Burning 

Devices,’’ adopted on May 3, 2013. 

[FR Doc. 2013–23252 Filed 9–25–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2006–0600; FRL–990–30– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Revisions to New Source Review 

(NSR) State Implementation Plan (SIP); 

Emergency Orders 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

disapprove revisions to the State 

Implementation Plan (SIP) for the State 

of Texas that relate to Emergency 

Orders. This includes portions of SIP 

revisions that relate to Emergency 

Orders that were submitted by Texas on 

August 31, 1993; December 10, 1998; 

February 1, 2006; and July 17, 2006. 

EPA is disapproving these revisions 

because these regulations do not meet 

the requirements of the Clean Air Act 

(the ‘‘Act’’ or ‘‘CAA’’), EPA regulations, 

and applicable policy and guidance. 

EPA is taking this action under section 

110 and parts C and D of Title I of the 

Act. 

DATES: This final rule is effective on 

October 28, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2006–0600. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http://

www.regulations.gov or in hard copy at 

the Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. To inspect the hard copy 

materials, please schedule an 

appointment with the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ashley Mohr, Air Permits Section (6PD– 

R), Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

(214) 665–7289; fax number (214) 665– 

6762; email address mohr.ashley@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means EPA. 

Table of Contents 

I. What action is EPA taking? 

II. What is the background? 

A. Summary of Our Proposed Action 

B. Summary of the Submittals Addressed 

in this Final Action 

III. Responses to Comments 

IV. What are the grounds for this disapproval 

action of the Texas Emergency Orders 

Program? 

V. Final Action 

VI. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is taking final action to 

disapprove the Texas Emergency Orders 

Program as submitted by Texas on 

August 31, 1993, as revised by the 

December 10, 1998, February 1, 2006, 

and July 17, 2006 SIP revision 

submittals. These submittals include the 

initial adoption of 30 TAC 116.410 

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