60376 Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Rules and Regulations 

the Area’s air quality as of the 

attainment date, whether the Area 

attained the standard. EPA also 

determined that the CincinnatiHamilton, Ohio, Kentucky, and Indiana 

PM2.5 nonattainment Area is not subject 

to the consequences of failing to attain 

pursuant to section 179(d). 

■ 5. Section 52.933 is amended by 

adding paragraph (e) to read as follows: 

§ 52.933 Control Strategy: Sulfur oxides 

and particulate matter. 

* * * * * 

(e) Determination of Attainment. EPA 

has determined, as of September 29, 

2011, that based upon 2007–2009 air 

quality data, the Cincinnati-Hamilton, 

Ohio-Kentucky-Indiana nonattainment 

Area has attained the 1997 annual PM2.5

NAAQS. This determination, in 

accordance with 40 CFR 52.1004(c), 

suspends the requirements for this Area 

to submit an attainment demonstration, 

associated reasonably available control 

measures, a reasonable further progress 

plan, contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as this Area 

continues to meet the 1997 annual PM2.5

NAAQS. 

Subpart KK—Ohio 

■ 6. Section 52.1880 is amended by 

adding paragraph (o) to read as follows: 

§ 52.1880 Control strategy: Particulate 

matter. 

* * * * * 

(o) Determination of Attainment. EPA 

has determined, as of September 29, 

2011, that based upon 2007–2009 air 

quality data, the Cincinnati-Hamilton, 

Ohio-Kentucky-Indiana nonattainment 

Area has attained the 1997 annual PM2.5

NAAQS. This determination, in 

accordance with 40 CFR 52.1004(c), 

suspends the requirements for this Area 

to submit an attainment demonstration, 

associated reasonably available control 

measures, a reasonable further progress 

plan, contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as this Area 

continues to meet the 1997 annual PM2.5

NAAQS. 

■ 7. Section 52.1892 is amended by 

adding paragraph (c) to read as follows: 

§ 52.1892 Determination of attainment. 

* * * * * 

(c) Based upon EPA’s review of the air 

quality data for the 3-year period 2007– 

2009, EPA determined that the 

Cincinnati-Hamilton, Ohio-KentuckyIndiana PM2.5 nonattainment Area 

attained the 1997 annual PM2.5 NAAQS 

by the applicable attainment date of 

April 5, 2010. Therefore, EPA has met 

the requirement pursuant to CAA 

section 179(c) to determine, based on 

the Area’s air quality as of the 

attainment date, whether the Area 

attained the standard. EPA also 

determined that the CincinnatiHamilton, Ohio, Kentucky, and Indiana 

PM2.5 nonattainment Area is not subject 

to the consequences of failing to attain 

pursuant to section 179(d). 

[FR Doc. 2011–24811 Filed 9–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0561; FRL–9469–1] 

Revisions to the California State 

Implementation Plan, Santa Barbara 

Air Pollution Control District, 

Sacramento Municipal Air Quality 

Management District and South Coast 

Air Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the Santa 

Barbara Air Pollution Control District 

(SBAPCD), Sacramento Municipal Air 

Quality Management District 

(SMAQMD) and South Coast Air 

Quality Management District 

(SCAQMD) portions of the California 

State Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from 

solvent cleaning machines and solvent 

cleaning operations and oil and gas 

production wells. 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 

November 28, 2011 without further 

notice, unless EPA receives adverse 

comments by October 31, 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–2011–0561, 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? 


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Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Rules and Regulations 60377 

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). 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Amended Submitted 

SBAPCD ................. 321 Solvent Cleaning Machines and Solvent Cleaning ............................ 9/20/10 ...................... 4/5/11 

SMAQMD ................ 466 Solvent Cleaning ................................................................................ 10/28/10 .................... 4/5/11 

SCAQMD ................ 1171 Solvent Cleaning Operations ............................................................. 2/1/08 ........................ 4/5/11 

SCAQMD ................ 1148.1 Oil and Gas Production Wells ............................................................ Adopted 3/5/04 .......... 1/10/10 

On February 4, 2010 (1148.1) and May 

6, 2011 (321, 466 and 1171), EPA 

determined that the four 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? 

We approved an earlier version of 

SBAPCD Rule 321 into the SIP on April 

2, 1998 (64 FR 15922). We approved an 

earlier version of SMAQMD Rule 466 

into the SIP on May 5, 2010 (75 FR 

24406). We approved an earlier version 

of SCAQMD Rule 1171 into the SIP on 

July 1, 2005 (70 FR 38023). There are no 

previous versions of SCAMQD Rule 

1148.1 in the SIP. 

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. SBAPCD Rule 321, 

SMAQMD Rule 466, SCAQMD Rule 

1171 and SCAQMD 1148.1 limit 

emissions of VOC from solvent cleaning 

machines, the application of solvents, 

and from oil and gas production wells. 

EPA’s technical support documents 

(TSDs) 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). SBAPCD regulates an 

unclassifiable/attainable area for ozone, 

SMAQMD regulates an ozone 

nonattainment area and SCAQMD 

regulates an ozone nonattainment area 

(see 40 CFR part 81), so SMAQMD Rule 

466 and SCAQMD Rule 1171 and Rule 

1148.1 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. CARB’s Consumer Products 

Regulation, Title 17, California Code of 

Regulations (CCR), Division 3, Chapter 

1, Subchapter 8.5, Article 2, Sections 

94507–94517 

4. EPA’s model VOC rule guidance 

titled, ‘‘Model Volatile Organic 

Compound Rules for Reasonably 

Available Control Technology’’ (June 

1992). 

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 October 31, 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 November 28, 

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.); 


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60378 Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Rules and Regulations 

• 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 

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: September 7, 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 (378)(i)(A)(3), and 

(c)(388)(i)(A)(5), (C), (D) and to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(378) * * * 

(i) * * * 

(A) * * * 

(3) Rule 1148.1, ‘‘Oil and Gas 

Production Wells,’’ adopted on March 5, 

2004. 

* * * * * 

(388) * * * 

(i) * * * 

(A) * * * 

(5) Rule 1171, ‘‘Solvent Cleaning 

Operations,’’ amended February 1, 2008. 

* * * * * 

(C) Santa Barbara County Air 

Pollution Control District. 

(1) Rule 321, ‘‘Solvent Cleaning 

Machines and Solvent Cleaning,’’ 

revised September 20, 2010. 

(D) Sacramento Metropolitan Air 

Quality Management District. 

(1) Rule 466, ‘‘Solvent Cleaning,’’ 

amended October 28, 2010. 

* * * * * 

[FR Doc. 2011–24688 Filed 9–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare and Medicaid 

42 CFR Part 411 

Exclusions From Medicare and 

Limitations on Medicare Payment 

CFR Correction 

In Title 42 of the Code of Federal 

Regulations, Parts 400 to 413, revised as 

of October 1, 2010, make the following 

corrections: 

■ 1. On page 472, in § 411.353, in 

paragraph (g)(1)(i), remove the word 

‘‘complied’’ and add ‘‘complies’’ in its 

place. 

■ 2. On page 483, in § 411.357: 

■ a. In paragraph (b)(4)(ii)(A), remove 

the word ‘‘by’’ and add ‘‘through’’ in its 

place, and 

■ b. In paragraph (b)(4)(ii)(B), remove 

the phrase ‘‘between the parties’’ and 

add ‘‘by the lessor to the lessee’’ in its 

place. 

■ 3. On page 488, in § 411.357, in 

paragraph (l)(3)(ii), remove the phrase 

‘‘between the parties’’ and add ‘‘by the 

lessor to the lessee’’ in its place. 

■ 4. On page 490, in § 411.357: 

■ a. Remove paragraphs (p)(1)(ii) and 

(iii); 

■ b. Designate the last sentence of 

(p)(1)(i) introductory text as paragraph 

(p)(1)(ii) introductory text; 

■ c. In new paragraph (p)(1)(ii)(A), 

remove the phrase ‘‘performed or’’ and 

add ‘‘performed on or’’ in its place; and 

■ d. In new paragaph (p)(1)(ii)(B), 

remove the phrase ‘‘between the 

parties’’ and add ‘‘by the lessor to the 

lessee’’ in its place. 

[FR Doc. 2011–25286 Filed 9–28–11; 8:45 am] 

BILLING CODE 1505–01–D 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 61 

Tariffs 

CFR Correction 

In Title 47 of the Code of Federal 

Regulations, Parts 40 to 69, revised as of 

October 1, 2010, on page 189, in § 61.3, 

redesignate paragraphs (aa) through (zz) 

as paragraphs (bb) through (aaa), and 

reinstate old paragraph (z) as paragraph 

(aa) to read as follows: 

§ 61.3 Definitions. 

* * * * * 

(aa) Other participating carrier. A 

carrier subject to the Act that publishes 


tkelley on DSKG8SOYB1PROD with RULES