Federal Register / Vol. 76, No. 191 / Monday, October 3, 2011 / Rules and Regulations 61057 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0580; FRL–9468–2] 

Revisions to the California State 

Implementation Plan, Sacramento 

Metropolitan Air Quality Management 

District, Ventura County Air Pollution 

Control District, and 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 

Sacramento Metropolitan Air Quality 

Management District (SMAQMD), 

Ventura County Air Pollution Control 

District (VCAPCD), and Placer County 

Air Pollution Control District (PCAPCD) 

portion of the California State 

Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from 

organic chemical manufacturing, soil 

decontamination, and polyester resin 

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 

December 2, 2011 without further 

notice, unless EPA receives adverse 

comments by November 2, 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–2011–0580, 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 email 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: 

David Grounds, EPA Region IX, (415) 

972–3019, grounds.david@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 agencies and 

submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted Submitted 

SMAQMD .................................... 464 Organic Chemical Manufacturing Operations ................................ 09/25/08 09/15/09 

VCAPCD ..................................... 74.29 Soil Decontamination Operations ................................................... 04/08/08 01/10/10 

PCAPCD ..................................... 243 Polyester Resin Operations ............................................................ 04/10/03 12/07/10 

On 01/21/10, EPA determined that the 

submittal for SMAQMD Rule 464 met 

the completeness criteria in 40 CFR Part 

51 Appendix V, which must be met 

before formal EPA review. On 02/04/10, 

EPA determined that the submittal for 

VCAPCD Rule 74.29 met the 

completeness criteria, and on 01/13/11, 

EPA determined that the submittal for 

PCAPCD Rule 243 met the completeness 

criteria. 

B. Are there other versions of these 

rules? 

There are no previous versions of 

PCAPCD Rules 243 in the SIP. We 

approved an earlier version of 

SMAQMD Rule 464 into the SIP on 

04/19/00 (65 FR 20912). We approved 

an earlier version of VCAPCD Rule 

74.29 into the SIP on 07/16/02 (67 FR 

46596). 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. SMAQMD Rule 464 limits 

VOC emissions from organic chemical 

plants. VCAPCD Rule 74.29 establishes 

procedures for the treatment of soil 

contaminated with gasoline, diesel fuel 

or jet fuel. PCAPCD Rule 243 reduces 

the emissions of VOC from polyester 

resin operations. EPA’s technical 


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61058 Federal Register / Vol. 76, No. 191 / Monday, October 3, 2011 / Rules and Regulations 

support documents (TSDs) have more 

information about these rules. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating these 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). SMAQMD regulates an 

ozone nonattainment area (see 40 CFR 

part 81). SMAQMD has no major 

sources for this category but is covered 

by relevant CTGs. The stringency of 

requirements in submitted Rule 464 is 

generally consistent with the relevant 

guidance that help define RACT. 

VCAPCD and PCAPCD also regulate 

ozone nonattainment areas, but have no 

relevant major sources and no CTGs so 

RACT is not required for these rules. 

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. ‘‘Control of Volatile Organic 

Emissions from Batch Processes— 

Alternative Control Techniques 

Information Document’’ (EPA–453–93– 

017, 02/94). 

4. ‘‘Control of Volatile Organic 

Emissions from Manufacture of 

Synthesized Pharmaceutical Products’’ 

(EPA–450–2–78–029, 12/78). 

5. ‘‘Control Techniques Guidelines for 

Industrial Cleaning Solvents’’ (EPA– 

453/R–06–001, 09/06). 

6. ‘‘Control of VOC Emissions from 

Manufacture of High-Density 

Polyethylene, Polypropylene, and 

Polystyrene Resins’’ (EPA–450/3–83– 

008, 11/83). 

7. ‘‘Control of VOC Fugitive 

Emissions from Synthetic Organic 

Chemical Polymer and Resin 

Manufacturing Equipment’’ (EPA–450/ 

3–83–006, 03/84). 

8. ‘‘Control Techniques Guidelines for 

Fiberglass Boat Manufacturing 

Materials’’ (EPA–453/R–08–004, 09/08). 

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 for VCAPCD and PCAPCD 

describe additional rule revisions that 

we recommend for the next time the 

local agency modifies the rule. 

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 November 2, 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 December 2, 

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.); 

• 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, these rules do not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIPs are 

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 


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Federal Register / Vol. 76, No. 191 / Monday, October 3, 2011 / Rules and Regulations 61059 

States Court of Appeals for the 

appropriate circuit by December 2, 

2011. Filing a petition for 

reconsideration by the Administrator of 

these final rules does not affect the 

finality of these actions 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 rules 

or actions. Parties with objections to 

these direct final rules 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 

these direct final rules, so that EPA can 

withdraw these direct final rules 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, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: August 16, 2011. 

Keith Tekata, 

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 paragraphs (c)(377)(i)(A)(5), 

(c)(378)(i)(C)(2), and (c)(389)(i)(B) to 

read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(377) * * * 

(i) * * * 

(A) * * * 

(5) Rule 464, ‘‘Organic Chemical 

Manufacturing Operations,’’ adopted on 

September 25, 2008. 

* * * * * 

(378) * * * 

(i) * * * 

(C) * * * 

(2) Rule74.29, ‘‘Soil Decontamination 

Operations,’’ adopted on April 8, 2008. 

* * * * * 

(389) * * * 

(i) * * * 

(B) Placer County Air Pollution 

Control. 

(1) Rule 243, ‘‘Polyester Resin 

Operations,’’ adopted on April 10, 2003. 

* * * * * 

[FR Doc. 2011–25284 Filed 9–30–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0907301205–0289–02] 

RIN 0648–XA413 

Fisheries of the Northeastern United 

States; Atlantic Herring Fishery; SubACL (Annual Catch Limit) Harvested 

for Management Area 1B 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces that, 

effective 0001 hr, October 1, 2011, 

federally permitted vessels may not fish 

for, catch, possess, transfer, or land 

more than 2,000 lb (907.2 kg) of Atlantic 

herring (herring) in or from Management 

Area 1B (Area 1B) per calendar day 

until January 1, 2012, when the 2012 

sub-ACL for Area 1B becomes available, 

except when transiting as described in 

this notice. This action is based on the 

determination that 95 percent of the 

Atlantic herring sub-ACL allocated to 

Area 1B for 2011 is projected to be 

harvested by October 1, 2011. 

DATES: Effective 0001 hr local time, 

October 1, 2011, through December 31, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Lindsey Feldman, Fishery Management 

Specialist, (978) 675–2179. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the Atlantic 

herring fishery are found at 50 CFR part 

648. The regulations require annual 

specification of the overfishing limit, 

acceptable biological catch, ACL, 

optimum yield, domestic harvest and 

processing, U.S. at-sea processing, 

border transfer and sub-ACLs for each 

management area. The 2011 Domestic 

Annual Harvest is 91,200 metric tons 

(mt); the 2011 sub-ACL allocated to 

Area 1B is 4,362 mt and 0 mt of the subACL is set aside for research (75 FR 

48874, August 12, 2010). 

The regulations at § 648.201 require 

the Administrator, Northeast Region, 

NMFS (Regional Administrator), to 

monitor the Atlantic herring fishery in 

each of the four management areas 

designated in the Fishery Management 

Plan (FMP) for the Atlantic herring 

fishery and, based upon dealer reports, 

state data, and other available 

information, to determine when the 

harvest of Atlantic herring is projected 

to reach 95 percent of the management 

area sub-ACL. When such a 

determination is made, NMFS is 

required to publish notification in the 

Federal Register and prohibit Atlantic 

herring vessel permit holders from 

fishing for, catching, possessing, 

transferring, or landing more than 2,000 

lb (907.2 kg) of herring per calendar day 

in or from the specified management 

area for the remainder of the closure 

period. Transiting of Area 1B with more 

than 2,000 lb (907.2 kg) of herring on 

board is allowed under the conditions 

specified below. 

The Regional Administrator has 

determined, based upon dealer reports 

and other available information that 95 

percent of the total Atlantic herring subACL allocated to Area 1B for FY 2011 

is projected to be harvested. Therefore, 

effective 0001 hr local time, October 1, 

2011, federally permitted vessels may 

not fish for, catch, possess, transfer, or 

land more than 2,000 lb (907.2 kg) of 

Atlantic herring in or from Area 1B per 

calendar day through December 31, 

2011. Vessels transiting Area 1B with 

more than 2,000 lb (907.2 kg) of herring 

on board may land this amount, 

provided such herring was not caught in 

Area 1B and provided all fishing gear 

aboard is stowed and not available for 

immediate use as required by 

§ 648.23(b). Effective October 1, 2011, 

federally permitted dealers are also 

advised that they may not purchase 

Atlantic herring from federally 

permitted Atlantic herring vessels that 

harvest more than 2,000 lb (907.2 kg) of 

Atlantic herring from Area 1B through 

2400 hr local time, December 31, 2011. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds good cause 

pursuant to 5 U.S.C. 553(b)(B) to waive 

prior notice and the opportunity for 

public comment because it would be 

contrary to the public interest. This 

action closes the Atlantic herring fishery 

for Management Area 1B until January 

1, 2012, under current regulations. The 

regulations at § 648.201(a) require such 

action to ensure that Atlantic herring 


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