24408 Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations 

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 July 6, 2010. 

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: March 18, 2010. 

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)(354)(i)(E)(13) and 

(359)(i)(C)(2) and (377)(i)(A)(2) and 

(378) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(354) * * * 

(i) * * * 

(E) * * * 

(13) Rule 4661, ‘‘Organic Solvents,’’ 

amended on September 20, 2007. 

* * * * * 

(359) * * * 

(i) * * * 

(C) * * * 

(2) Rule 216, ‘‘Organic Solvent 

Cleaning and Degreasing Operations,’’ 

amended on December 11, 2003. 

* * * * * 

(377) * * * 

(i) * * * 

(A) * * * 

(2) Rule 466, ‘‘Solvent Cleaning,’’ 

adopted on May 23, 2002. 

(378) New and amended regulations 

were submitted on January 10, 2010 by 

the Governor’s designee. 

(i) Incorporation by Reference. 

(A) South Coast Air Quality 

Management District. 

(1) Rule 1173, ‘‘Control of Volatile 

Organic Compound Leaks and Releases 

from Components at Petroleum 

Facilities and Chemical Plants,’’ 

amended on February 6, 2009. 

* * * * * 

[FR Doc. 2010–10402 Filed 5–4–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0960; FRL–9137–8] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVAPCD) portion of the California 

State Implementation Plan (SIP). These 

revisions were proposed in the Federal 

Register on January 22, 2010 and 

concern oxides of nitrogen (NOx) 

emissions from residential water 

heaters. We are approving a local rule 

that regulates this emission source 

under the Clean Air Act as amended in 

1990 (CAA or the Act). 

DATES: Effective Date: This rule is 

effective on June 4, 2010. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2009–0960 for 

this action. The index to the docket 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: 

Idalia Perez, EPA Region IX, (415) 972– 

3248, perez.idalia@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 January 22, 2010 (75 FR 3680), 

EPA proposed to approve the following 

rule into the California SIP. 

Local agency Rule # Rule title Adopted Submitted 

SJVAPCD ................................ 4902 Residential Water Heaters ........................................................ 3/19/09 4/29/09 

We proposed to approve this rule 

because we determined that it complied 

with the relevant CAA requirements. 

Our proposed action contains more 

information on the rule 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 that 

change our assessment that the 

submitted rule complies with the 

relevant CAA requirements. Therefore, 

as authorized in section 110(k)(3) of the 

Act, EPA is fully approving this rule 

into the California SIP. 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations 24409 

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); 

• 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 July 6, 2010. 

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, Reporting and 

recordkeeping requirements. 

Dated: March 18, 2010. 

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)(362)(i)(D)(1) to 

read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(362) * * * 

(i) * * * 

(D) San Joaquin Valley Air Pollution 

Control District. 

(1) Rule 4902, ‘‘Residential Water 

Heaters,’’ amended on March 19, 2009. 

* * * * * 

[FR Doc. 2010–10404 Filed 5–4–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R09–OAR–2008–0467; FRL–9141–8] 

Designation of Areas for Air Quality 

Planning Purposes; California; San 

Joaquin Valley, South Coast Air Basin, 

Coachella Valley, and Sacramento 

Metro 8-Hour Ozone Nonattainment 

Areas; Reclassification 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Under the Clean Air Act 

(CAA or ‘‘Act’’), EPA is granting requests 

by the State of California to reclassify 

the following four areas designated as 

nonattainment for the 1997 8-hour 

ozone national ambient air quality 

standard (NAAQS): The San Joaquin 

Valley area from ‘‘serious’’ to ‘‘extreme,’’ 

the South Coast Air Basin area from 

‘‘severe-17’’ to ‘‘extreme,’’ and the 

Coachella Valley and Sacramento Metro 

areas from ‘‘serious’’ to ‘‘severe-15.’’ In 

connection with the reclassifications, 

EPA is setting a deadline of no later 

than 12 months from the effective date 

of reclassification for submittal of 

revisions to the Sacramento Metro area 

portion of the California State 

Implementation Plan (SIP) to meet the 

additional new source review (NSR) 

requirements for ‘‘severe-15’’ 8-hour 

ozone nonattainment areas. EPA is 

deferring the setting of a submittal 

deadline for certain fee rules under 

section 185 of the CAA. A number of 

Indian tribes have Indian country 

located within the boundaries of the 

affected areas. The State of California is 

not approved to administer any CAA 

programs in Indian country, and the 

relevant Indian tribes have not applied 

for eligibility to administer programs 

under the CAA for their areas. In these 

circumstances, EPA implements 

relevant reclassification provisions of 

the CAA in these Indian country areas 

and is reclassifying these areas, except 

Indian country pertaining to the 

Morongo Band of Mission Indians 

(‘‘Morongo Tribe’’) and the Pechanga 

Band of Luisen ̃ o Mission Indians 

(‘‘Pechanga Tribe’’), in keeping with the 

classifications of nonattainment areas 


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