44294 Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Rules and Regulations 

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, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: August 11, 2009. 

Jane Diamond, 

Acting 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)(363) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(363) New and amended regulations 

were submitted on March 17, 2009 by 

the Governor’s designee. 

(i) Incorporation by Reference. 

(A) San Joaquin Valley Unified Air 

Pollution Control District. 

(1) Rule 1020, ‘‘Definitions,’’ adopted 

on June 18, 1992 and amended on 

January 15, 2009. 

(B) Santa Barbara County Air 

Pollution Control District. 

(1) Rule 102, ‘‘Definitions,’’ adopted 

on October 18, 1971 and amended on 

January 15, 2009. 

* * * * * 

[FR Doc. E9–20804 Filed 8–27–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0079; FRL–8945–1] 

Revisions to the California State 

Implementation Plan, Antelope Valley 

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 

Antelope Valley Air Quality 

Management District (AVAQMD) 

portion of the California State 

Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from 

leaking components at facilities such as 

oil refineries and chemical 

manufacturing plants. We are approving 

a local rule that regulates these emission 

sources under the Clean Air Act as 

amended in 1990 (CAA or the Act). At 

the same time, we are also approving an 

AVAQMD Negative Declaration and 

removing rules from the SIP. 

DATES: This rule is effective on October 

27, 2009 without further notice, unless 

EPA receives adverse comments by 

September 28, 2009. 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–2009–0079, 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: The index to the docket for 

this action is 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 in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), 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: Jerry 

Wamsley, EPA Region IX, (415) 947– 

4111, wamsley.jerry@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 

rule revisions? 

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 rule we are 

approving, Rule 1173, with the date that 

it was adopted by the local air agency 

and submitted by the California Air 

Resources Board along with the rules we 

are removing from the SIP, Rules 465, 

466, 466.1, and 467. 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted Submitted 

AVAQMD ........................................................ 1173 Fugitive Emissions of VOCs ......................... 06/17/08 10/20/08 


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Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Rules and Regulations 44295 

TABLE 1—SUBMITTED RULES—Continued 

Local agency Rule No. Rule title Adopted Submitted 

AVAQMD ........................................................ 465 Vacuum Producing Devices or Systems ...... 11/01/91 10/20/08 

AVAQMD ........................................................ 466 Pumps & Compressors ................................. 10/07/83 10/20/08 

AVAQMD ........................................................ 466 .1 Valves & Flanges .......................................... 03/16/84 10/20/08 

AVAQMD ........................................................ 467 Pressure Relief Devices ................................ 03/05/82 10/20/08 

On November 18, 2008, EPA found 

this rule submittal met the completeness 

criteria in 40 CFR part 51, appendix V. 

These criteria must be met before formal 

EPA review can begin. 

B. Are there other versions of this rule? 

EPA has approved and incorporated 

into the SIP the May 13, 1994 version 

of Rule 1173 (see 59 Federal Register 

(FR) 43751, August 25, 1994). CARB has 

made no intervening submittals of this 

rule since 1994. The remaining rules, 

465, 466, 466.1, and 467 are part of the 

SIP and were submitted for the purpose 

of rescinding them; please see the 

discussion below. 

C. What is the purpose of the submitted 

rule revisions? 

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. Rule 1173 is a rule designed 

to reduce fugitive VOC emissions from 

leaking components at industrial sites 

handling and manufacturing VOC laden 

liquids and gases. The rule establishes 

inspection, component replacement, reinspection requirements, maintenance, 

repair periods, and replacement or 

retrofit requirements for leaking 

components at these facilities. Finally, 

the rule has associated administrative 

and recordkeeping requirements, such 

as an inspection log, and test methods 

for determining compliance. 

With its creation in 1997 the 

AVAQMD inherited the applicable 

South Coast Air Quality Management 

District Rule Book as of this date. As a 

result, the AVAQMD Rule Book 

included Rule 1173 as well as Rules 

465, 466, 466.1, and Rule 467. The May 

13, 1994 version of SCAQMD 1173 that 

AVAQMD inherited contained a sunset 

provision that sources subject to Rules 

465, 466, 466.1, and 467 must comply 

with Rule 1173 by February 1, 1991. In 

its June 17, 2008 action, the AVAQMD 

board rescinded Rules 465, 466, 466.1, 

and 467 and adopted a Federal Negative 

Declaration stating that there are no 

major sources within the AVAQMD 

subject to Rule 465 and the non-leak 

provisions of the remaining rules. Rule 

1173 was retained and amended to 

ensure that any applicable leak 

requirements in Rules 466, 466.1, and 

467 remained in the SIP within Rule 

1173. For further discussion, see EPA’s 

Technical Support Document and the 

AVAQMD Final Staff Report. 

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 section 

182(a)(2)), and must not relax existing 

requirements (see sections 110(l) and 

193). The AVAQMD regulates an ozone 

nonattainment area (see 40 CFR part 81), 

so Rule 1173 must fulfill RACT. 

Guidance and policy documents that 

we use to help evaluate specific 

enforceability and RACT requirements 

consistently include the following: 

1. Portions of the proposed post-1987 

ozone and carbon monoxide policy that 

concern RACT, 52 FR 45044, November 

24, 1987. 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988 (the 

Bluebook). 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

4. ‘‘Control of Volatile Organic 

Compound Equipment Leaks from 

Synthetic Organic Chemical and 

Polymer Manufacturing,’’ EPA–450/3– 

83–006, USEPA, December 1983. 

5. ‘‘Control of Volatile Organic 

Compound Equipment Leaks from 

Natural Gas/Gasoline Processing 

Plants,’’ EPA–450/3–83–007, USEPA, 

December 1983. 

B. Does the rule meet the evaluation 

criteria? 

We believe that Rule 1173, the 

companion rescission of Rules 465, 466, 

466.1, 467, and the AVAQMD Negative 

Declaration are consistent with the 

relevant policy and guidance regarding 

enforceability, RACT, and SIP 

relaxations. The TSD has more 

information on our evaluation. 

C. EPA Recommendations To Further 

Improve the Rule 

We have no further recommendations 

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 Rule 

1173, approving the AVAQMD Negative 

Declaration, and rescinding Rules 465, 

466, 466.1, and 467 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 September 28, 

2009, 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 

October 27, 2009. This will incorporate 

Rule 1173 into the Federally enforceable 

SIP and remove Rules 465, 466, 466.1, 

and 467 from the 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 


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44296 Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Rules and Regulations 

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, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable 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 October 27, 2009. 

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. 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, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: May 13, 2009. 

Laura Yoshii, 

Acting 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)(361)(i)(B) to read 

as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(361) * * * 

(i) * * * 

(B) Antelope Valley Air Quality 

Management District 

(1) Rule 1173, ‘‘Fugitive Emissions of 

Volatile Organic Compounds,’’ adopted 

July 7, 1989 and amended June 17, 

2008. 

* * * * * 

[FR Doc. E9–20827 Filed 8–27–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

RIN 0648–XQ90 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

retention limit adjustment and quota 

transfer. 

SUMMARY: NMFS has determined that 

the Atlantic tunas General category 

daily Atlantic bluefin tuna (BFT) 

retention limit should be adjusted for 

the September, October-November, and 

December time periods of the 2009 

fishing year, based on consideration of 

the determination criteria regarding 

inseason adjustments. This action 

applies to Atlantic Tunas General 

category permitted vessels and Highly 

Migratory Species Charter/Headboat 

category permitted vessels (when 

fishing commercially for BFT). NMFS 

has also determined that a quota transfer 

to allow continued fishing in the 

Harpoon category is appropriate, and 

therefore transfers 25 metric tons (mt) 

from the Reserve to the Harpoon 

category for the remainder of the 2009 

fishing year. This action applies to 

Atlantic Tunas Harpoon category 

permitted vessels. 

DATES: The effective dates for the 

adjusted BFT daily retention limits are 

September 1, 2009, through December 

31, 2009. The quota transfer to the 

Harpoon category is effective August 28, 

2009, through November 15, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Sarah McLaughlin or Brad McHale, 

978–281–9260. 

SUPPLEMENTARY INFORMATION: 

Regulations implemented under the 

authority of the Atlantic Tunas 

Convention Act (16 U.S.C. 971 et seq.) 

and the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.) governing the harvest of BFT by 


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