Federal Register / Vol. 76, No. 233 / Monday, December 5, 2011 / Rules and Regulations 75795 

List of Subjects 

40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: November 29, 2011. 

Wendy C. Hamnett, 

Director, Office of Pollution Prevention and 

Toxics. 

Therefore, 40 CFR parts 9 and 721 are 

amended as follows: 

PART 9—[AMENDED] 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 7 U.S.C. 135 et seq., 136–136y; 

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 

1321, 1326, 1330, 1342, 1344, 1345 (d) and 

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 

1971–1975 Comp. p. 973; 42 U.S.C. 241, 

242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 

300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 

6901–6992k, 7401–7671q, 7542, 9601–9657, 

11023, 11048. 

§ 9.1 [Amended] 

■ 2. Remove from the table in § 9.1 

under the undesignated center heading 

‘‘Significant New Uses of Chemical 

Substances,’’ the entries for §§

721.10230 and 721.10231. 

PART 721—[AMENDED] 

■ 3. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

§ 721.10230 [Removed] 

■ 4. Remove § 721.10230. 

§ 721.10231 [Removed] 

■ 5. Remove § 721.10231. 

[FR Doc. 2011–31137 Filed 12–2–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0846; FRL–9493–2] 

Revisions to the California State 

Implementation Plan, Placer County 

Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the Placer 

County Air Pollution Control District 

(PCAPCD) portion of the California State 

Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from 

architectural coatings and automotive 

refinishing operations. 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 February 

3, 2012 without further notice, unless 

EPA receives adverse comments by 

January 4, 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–2011–0846, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://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 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 email. 

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 

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 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? 

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/adopted Submitted 

PCAPCD ............................. 218 Architectural Coatings .................................................... Amended 10/14/10 ............ 4/5/11 

PCAPCD ............................. 234 Automotive Refinishing Operations ................................ Adopted 11/3/94 ................ 4/5/11 


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75796 Federal Register / Vol. 76, No. 233 / Monday, December 5, 2011 / Rules and Regulations 

TABLE 1—SUBMITTED RULES—Continued 

Local agency Rule No. Rule title Amended/adopted Submitted 

Amended 10/14/10. 

On May 6, 2011 (218) and May 31, 

2011 (234), 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 

PCAPCD Rule 218 into the SIP on July 

18, 1996 (61 FR 37390). The PCAPCD 

amended revisions to the SIP-approved 

version on October 14, 2010. There are 

no previous versions of PCAPCD Rule 

234 in the SIP. CARB submitted both 

rules to us on April 5, 2011. 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. PCAPCD Rule 218 and 

PCAPCD Rule 234 limit emissions of 

VOC from architectural coatings and 

from automotive refinishing operations. 

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). PCAPCD regulates an 

ozone nonattainment area (see 40 CFR 

part 81). Rule 218 is not subject to 

RACT requirements because it is 

applicable to sources that are too small 

to exceed the major source threshold of 

25 tons per year (tpy), and no CTG is 

available for this category. However, 

PCAPCD Rule 234 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 January 4, 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 February 3, 

2012. 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.); 

• 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 


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Federal Register / Vol. 76, No. 233 / Monday, December 5, 2011 / Rules and Regulations 75797 

• 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: October 27, 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 (c)(388)(i)(E)(3) and 

(4) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(388) * * * 

(i) * * * 

(E) * * * 

(3) Rule 218, ‘‘Architectural 

Coatings,’’ amended October 14, 2010. 

(4) Rule 234, ‘‘Automotive Refinishing 

Operations,’’ adopted November 3, 1994 

and amended October 14, 2010, 

effective July 1, 2011. 

* * * * * 

[FR Doc. 2011–30787 Filed 12–2–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 93 

[EPA–HQ–OAR–2011–0393; FRL–9499–1] 

RIN 2060–AR03 

Transportation Conformity Rule: 

MOVES Regional Grace Period 

Extension 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Because EPA received 

adverse comments, we are withdrawing 

the direct final rule extending the 

MOVES Regional Grace Period, 

published on October 13, 2011. The 

direct final rule would have extended 

the grace period to March 2013, before 

the Motor Vehicle Emission Simulator 

model (currently MOVES2010a) is 

required for regional emissions analyses 

for transportation conformity 

determinations (‘‘regional conformity 

analyses’’). 

DATES: Effective December 5, 2011, EPA 

withdraws the direct final rule 

published at 76 FR 63554, on October 

13, 2011. 

FOR FURTHER INFORMATION CONTACT: Meg 

Patulski, State Measures and 

Transportation Planning Center, 

Environmental Protection Agency, 2000 

Traverwood Drive, Ann Arbor, MI 

48105; telephone number: (734) 214– 

4842; fax number: (734) 214–4052; 

email address: patulski.meg@epa.gov. 

SUPPLEMENTARY INFORMATION: Because 

EPA received adverse comments, we are 

withdrawing the direct final rule for 

extending the MOVES regional 

conformity grace period, published on 

October 13, 2011 (76 FR 63554). We 

stated in that direct final rule that if we 

received adverse comments, the direct 

final rule would not take effect and we 

would publish a timely withdrawal in 

the Federal Register. We subsequently 

received adverse comments on that 

direct final rule. We will address those 

comments in a subsequent final action, 

which will be based on the parallel 

proposed rule also published on 

October 13, 2011 (76 FR 63575). As 

stated in the direct final rule and the 

parallel proposed rule, we will not 

institute a second comment period on 

this action. 

Dated: November 29, 2011. 

Gina McCarthy, 

Assistant Administrator for the Office of Air 

and Radiation. 

Accordingly, the amendments to the 

rule published on October 13, 2011 (76 

FR 63554) are withdrawn as of 

December 5, 2011. 

[FR Doc. 2011–31130 Filed 12–2–11; 8:45 am] 

BILLING CODE 6560–50–P 


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