Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations 12495 

programs and policies unless doing so 

would be inconsistent with applicable 

law or otherwise impractical. 

The EPA believes that VCS are 

inapplicable to this action. Today’s 

action does not require the public to 

perform activities conducive to the use 

of VCS. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA lacks the discretionary authority 

to address environmental justice in this 

rulemaking. 

K. Congressional Review Act 

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 rule 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). This rule 

will be effective on April 2, 2012. 

L. Petitions for Judicial Review 

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 April 30, 2012. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule 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, Reporting and 

recordkeeping requirements. 

Dated: January 13, 2012. 

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 paragraph (c)(378)(i)(E) to read 

as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(378) * * * 

(i) * * * 

(E) Feather River Air Quality 

Management District. 

(1) Rule 3.22, ‘‘Internal Combustion 

Engines,’’ adopted on June 01, 2009. 

* * * * * 

[FR Doc. 2012–4972 Filed 2–29–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0990; FRL–9626–4] 

Revisions to the California State 

Implementation Plan, Antelope Valley 

Air Quality Management District and 

Mojave Desert Quality Management 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Antelope Valley Air Quality 

Management District (AVAQMD) and 

Mojave Desert Air Quality Management 

District (MDAQMD) portion of the 

California State Implementation Plan 

(SIP). These revisions concern 

recordkeeping for rules governing 

volatile organic compound (VOC) 

emissions from coatings, solvents and 

adhesives and rules governing VOC 

emissions from graphic arts and paper, 

film, foil and fabric coatings. 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 April 30, 

2012 without further notice, unless EPA 

receives adverse comments by April 2, 

2012. 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–2011–0990, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: 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 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 

www.regulations.gov or email. 

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 email 

directly to EPA, your email 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 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 

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 


tkelley on DSK3SPTVN1PROD with RULES
12496 Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations 

(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? 

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 agency and 

submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Amended Submitted 

AVAQMD ......................................................... 109 Recordkeeping for Volatile Organic Compound Emissions.4/20/10 7/20/10 

MDAQMD ........................................................ 1117 Graphic Arts and Paper, Film, Foil and Fabric Coatings.9/28/09 7/20/10 

On August 25, 2010, EPA determined 

that the two 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 

AVAQMD Rule 109 into the SIP on 

September 2, 2008 (73 FR 51226). The 

AVAQMD amended the SIP-approved 

version on April 20, 2010. We approved 

an earlier version of MDAQMD Rule 

1117 into the SIP on April 30, 1996 (61 

FR 18962). The MDAQMD amended the 

SIP-approved version on September 28, 

2009. CARB submitted both rules to us 

on July 20, 2010. While we can act on 

only the most recently submitted 

version, we have reviewed materials 

provided with previous submittals. 

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. AVAQMD Rule 109 

prescribes recordkeeping for several 

rules that limit emissions of VOC from 

various solvents, coating, adhesive, 

graphic arts and polyester resin 

operations and MDAQMD Rule 1117 

limits emissions of VOC from graphic 

art and paper, film, foil and fabric 

coatings. 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). AVAQMD and 

MDAQMD regulate ozone moderate 

nonattainment areas (see 40 CFR part 

81). AVAQMD Rule 109 does not, in 

itself, control VOC emissions and 

therefore is not subject to RACT 

requirements. However, MDAQMD Rule 

1117 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 April 2, 2012, 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 April 30, 

2012. This will incorporate these rules 

into the federally enforceable SIP. 

Please note that if EPA receives 

adverse comments 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); 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations 12497 

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 

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: January 13, 2012. 

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 (c)(381)(i)(G)(2) and 

(c)(381)(i)(H) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(381) * * * 

(i) * * * 

(G) * * * 

(2) Rule 109, ‘‘Recordkeeping for 

Volatile Organic Compound Emissions,’’ 

amended April 20, 2010. 

(H) Mojave Desert Air Quality 

Management District 

(1) Rule 1117, ‘‘Graphic Arts and 

Paper, Film, Foil and Fabric Coatings,’’ 

amended September 28, 2009. 

* * * * * 

[FR Doc. 2012–4974 Filed 2–29–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 261 

[EPA–R08–RCRA–2011–0823; FRL–9640–2] 

Hazardous Waste Management 

System; Identification and Listing of 

Hazardous Waste Exclusion 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (‘‘EPA,’’ ‘‘the Agency’’ or ‘‘we’’ 

in this preamble) today is granting a 

petition submitted by the 

ConocoPhillips Billings, Montana 

Refinery (‘‘ConocoPhillips’’, ‘‘Refinery’’ 

or ‘‘Petitioner’’) to exclude or ‘‘delist,’’ 

from the list of hazardous wastes, a 

maximum of 200 cubic yards per year of 

residual solids from sludge removed 

from two storm water tanks at its 

Billings, Montana refinery and 

processed in accordance with the 

petition. 

After careful analysis we have 

concluded that the petitioned waste is 

not a hazardous waste. This exclusion 

conditionally excludes the petitioned 

waste from the requirements of 

hazardous waste regulations under the 

Resource Conservation and Recovery 

Act (RCRA) when processed in 

accordance with the petition and 

disposed in a Subtitle D landfill 

permitted, licensed, or otherwise 

authorized by a State to accept the 

delisted processed storm water tank 

sludge. This rule also imposes testing 

conditions for future processed storm 

water tank residuals to ensure they 

continue to qualify for delisting. 

DATES: This final rule is effective on 

March 1, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No.: EPA–R08–RCRA–2011–0823. All 

documents in the docket are listed on 

the http://www.regulations.gov web site 

or in hard copy at the Environmental 

Protection Agency Region VIII, Office of 

Partnerships and Regulatory Assistance, 

Solid & Hazardous Waste Program, Mail 

Code: 8P–HW, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129. The 

docket is available for viewing from 8 

a.m. to 3 p.m., Monday through Friday 

excluding Federal holidays. You may 


tkelley on DSK3SPTVN1PROD with RULES