Federal Register / Vol. 75, No. 16 / Tuesday, January 26, 2010 / Rules and Regulations 3993 

International Money Transfer Service 

[Reserved for Product Description] 

Inbound Surface Parcel Post (at 

non-UPU rates) 

[Reserved for Product Description] 

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[Reserved for Product Description] 

International Certificate of Mailing 

[Reserved for Product Description] 

International Registered Mail 

[Reserved for Product Description] 

International Return Receipt 

[Reserved for Product Description] 

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[Reserved for Product Description] 

International Insurance 

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Negotiated Service Agreements 

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Domestic 

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[FR Doc. 2010–1452 Filed 1–25–10; 8:45 am] 

BILLING CODE 7710–FW–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2008–0307; FRL–8968–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Montana; Revisions to the 

Administrative Rules of Montana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action approving State Implementation 

Plan (SIP) revisions submitted by the 

State of Montana on November 1, 2006 

and November 20, 2007. The revisions 

are to the Administrative Rules of 

Montana; they include minor editorial 

and grammatical changes, updates to the 

citations and references to federal and 

state laws and regulations, other minor 

changes to conform to federal 

regulations, and updates to links to 

sources of information. This action is 

being taken under section 110 of the 

Clean Air Act. 

DATES: This rule is effective on March 

29, 2010 without further notice, unless 

EPA receives adverse comment by 

February 25, 2010. If adverse comment 

is received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2008–0307, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• E-mail: dolan.kathy@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Director, Air Program, 

Environmental Protection Agency 

(EPA), Region 8, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129. 

• Hand Delivery: Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. Such deliveries 

are only accepted Monday through 

Friday, 8 a.m. to 4:30 p.m., excluding 

Federal holidays. Special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2008– 

0307. EPA’s policy is that all comments 

received 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 information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. 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. For additional instructions on 

submitting comments, go to Section I. 

General Information of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8 a.m. to 4 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kathy Dolan, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129. 303–312–6142, 

dolan.kathy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. General Information 

II. Summary of SIP Revisions 

III. EPA’s Review of the State of Montana’s 

November 1, 2006 and November 20, 

2007 Submittals 

IV. Final Action 

V. Statutory and Executive Order Reviews 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

(ii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iii) The initials SIP mean or refer to 

State Implementation Plan. 

(iv) The words State or Montana 

mean the State of Montana, unless the 

context indicates otherwise. 

I. General Information 

A. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through http:// 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

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3994 Federal Register / Vol. 75, No. 16 / Tuesday, January 26, 2010 / Rules and Regulations 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

a. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

b. Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

c. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

d. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

e. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

f. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

g. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

h. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Summary of SIP Revisions 

A. On November 1, 2006 the State of 

Montana submitted formal revisions to 

its State Implementation Plan (SIP) 

(hereafter, the ‘‘2006 SIP revisions’’). The 

2006 SIP revisions contain amendments 

to the following sections of the 

Administrative Rules of Montana 

(ARM): 17.8.101, 17.8.102, 17.8.103, 

17.8.302, 17.8.744, 17.8.767, 17.8.801, 

17.8.802, 17.8.818, 17.8.902, 17.8.1002, 

17.8.1701, 17.8.1702, 17.8.1703, 

17.8.1704, 17.8.1705, 17.8.1710, 

17.8.1711, 17.8.1712, and 17.8.1713. 

B. On November 20, 2007 the State of 

Montana submitted formal revisions to 

its State Implementation Plan (SIP) 

(hereafter, the ‘‘2007 SIP revisions’’). The 

2007 SIP revisions contain amendments 

to the following sections of the ARM: 

17.8.102, 17.8.103, 17.8.302(1)(d), 

17.8.602, 17.8.767 with the exception of 

subsection (1)(c), 17.8.801, 17.8.802 

with the exception of subsection (1)(d), 

17.8.818, 17.8.901, 17.8.902 with the 

exception of subsection (1)(a), 17.8.1002 

with the exception of subsection (1)(a), 

17.8.1007, 17.8.1102, and 17.8.1402. 

III. EPA’s Review of the State of 

Montana’s November 1, 2006 and 

November 20, 2007 Submittals 

A. 2006 SIP Revisions 

A number of the 2006 SIP revisions 

are strictly administrative; they make 

minor editorial and grammatical 

changes, update the citations and 

references to federal and state laws and 

regulations, and update links to sources 

of information. The following are the 

2006 rule revisions that fall in this 

category: ARM sections 17.8.101, 

17.8.102, and 17.8.103. All of the 

revisions are approvable. However, the 

2007 revisions supersede the 2006 

revisions to ARM sections 17.8.102 and 

17.8.103. Therefore, in this action we 

are approving ARM section 17.8.101 

from the 2006 SIP revisions, but not 

17.8.102 and 103. We discuss ARM 

sections 17.8.102 and 103 further in the 

section below that addresses the 2007 

SIP revisions. 

The 2006 SIP revisions include 

changes to ARM sections 17.8.801 and 

17.8.818. These changes are approvable. 

The revision to 17.8.801 adds the 

pollutant Hydrogen Sulfide (H2S), at 10 

tons per year (tpy), to the table 

‘‘Pollutant and Emissions Rate’’ within 

the definition of ‘‘Significant’’ at ARM 

17.8.801(27). This provision defines 

pollutant significance levels within 

Montana’s prevention of significant 

deterioration (PSD) regulations, and the 

addition of H2S at 10 tpy is consistent 

with EPA’s PSD regulations. See 40 CFR 

51.166(b)(23). The revision to 17.8.818 

adds ‘‘hydrogen sulfide (H2S)—0.2 μg/ 

m3, one hour average’’ at 

17.8.818(7)(a)(ix). This establishes an air 

quality impact level below which the 

State may exempt a proposed PSD major 

stationary source or major modification 

from certain monitoring requirements. 

This too is consistent with EPA’s PSD 

regulations. See 40 CFR 51.166(i)(5). 

The State made additional changes to 

ARM sections 17.8.801 and 17.8.818 as 

part of the 2007 SIP revisions. We 

discuss these changes below. 

The EPA is not taking action on the 

2006 revisions to ARM sections 

17.8.302, 17.8.767, 17.8.802, 17.8.902, 

and 17.8.1002. These revisions reference 

EPA’s Clean Air Mercury Rule (CAMR). 

Because the U.S. Court of Appeals for 

the D.C. Circuit vacated CAMR on 

February 8, 2008 (see New Jersey v. EPA, 

517 F.3d 574), EPA will not act on these 

revisions. 

We are not taking action on the 

revisions to ARM sections 17.8.1701, 

17.8.1702, 17.8.1703, 17.8.1704, 

17.8.1705, 17.8.1710, 17.8.1711, 

17.8.1712, 17.8.1713, and 17.8.744, 

which establish a system of registration 

of oil and gas well facilities and provide 

for the exclusion of eligible facilities 

from Montana air quality permitting 

requirements. These revisions will be 

addressed in a future action. 

B. 2007 SIP Revisions 

A number of the 2007 SIP revisions 

are strictly administrative; they make 

minor editorial and grammatical 

changes, update the citations and 

references to federal and state laws and 

regulations, and update links to sources 

of information. The following are the 

2007 rule revisions that fall in this 

category: ARM sections 17.8.102, 

17.8.103, 17.8.302(1)(d), 17.8.602, 

17.8.801, 17.8.818, 17.8.901, 17.8.1007, 

and 17.8.1102. All of the revisions are 

approvable. As noted above, the 2007 

revisions to ARM sections 17.8.102 and 

103 supersede the 2006 revisions to 

these rules. Therefore, EPA is approving 

the 2007 revisions. As indicated, both 

the 2006 and 2007 revisions to ARM 

sections 17.8.801 and 17.8.818 are 

approvable. The 2006 revisions are 

substantive; the 2007 revisions are 

administrative. EPA is approving both 

revisions but is only incorporating by 

reference the later version of the rules, 

which reflect both the 2006 and 2007 

revisions. 

The EPA is not taking action on the 

2007 revisions to ARM sections 

17.8.767, 17.8.802, 17.8.902, and 

17.8.1002. These revisions reference 

EPA’s Clean Air Mercury Rule (CAMR). 

Because the U.S. Court of Appeals for 

the D.C. Circuit vacated CAMR on 

February 8, 2008 (see New Jersey v. EPA, 

517 F.3d 574), EPA will not act on these 

revisions. 

We are not taking action on the 

revision to ARM section 17.8.1402. The 

State has indicated that this revision 

may be repealed; therefore, action will 

not be taken at this time. 

IV. Final Action 

The EPA is approving revisions that 

the State submitted on November 1, 

2006. The Montana Board of 

Environmental Review adopted these 

revisions on July 21, 2006 and they 

became effective on August 11, 2006. 

The EPA is approving the 2006 

revisions to ARM sections 17.8.101, 

17.8.801, and 17.8.818. The EPA is not 

taking action on the 2006 revisions to 

ARM sections 17.8.302, 17.8.744, 

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Federal Register / Vol. 75, No. 16 / Tuesday, January 26, 2010 / Rules and Regulations 3995 

17.8.767, 17.8.802, 17.8.902, 17.8.1002, 

17.8.1701, 17.8.1702, 17.8.1703, 

17.8.1704, 17.8.1705, 17.8.1710, 

17.8.1711, 17.8.1712, and 17.8.1713. 

The EPA is approving revisions that 

the State submitted on November 20, 

2007. The Montana Board of 

Environmental Review adopted these 

amendments on September 28, 2007 and 

they became effective on October 26, 

2007. The EPA is approving the 2007 

revisions to ARM sections 17.8.102, 

17.8.103, 17.8.302(1)(d), 17.8.602, 

17.8.801, 17.8.818, 17.8.901, 17.8.1007, 

and 17.8.1102. The EPA is not taking 

action on the 2007 revisions to ARM 

sections 17.8.767, 17.8.802, 17.8.902, 

17.8.1002, and 17.8.1402. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

amendment and anticipates no adverse 

comments; we are merely approving 

administrative and other minor changes 

to Montana’s air rules. However, in the 

‘‘Proposed Rules’’ section of today’s 

Federal Register publication, EPA is 

publishing a separate document that 

will serve as the proposal to approve the 

SIP revisions if adverse comments are 

filed. This rule will be effective March 

29, 2010 without further notice unless 

the Agency receives adverse comments 

by February 25, 2010. If the EPA 

receives adverse comments, EPA will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. EPA 

will address all public comments in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period on 

this action. Any parties interested in 

commenting must do so at this time. 

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. 

V. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

State law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

State law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under State law and does not impose 

any additional enforceable duty beyond 

that required by State law, it 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). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a State rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it approves a State rule 

implementing a Federal standard. 

In reviewing SIP submissions, EPA’s 

role is to approve State choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. section 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. section 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 March 29, 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 25, 2009. 

Andrew M. Gaydosh, 

Acting Regional Administrator, Region 8. 

■ 40 CFR part 52 is amended to read as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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3996 Federal Register / Vol. 75, No. 16 / Tuesday, January 26, 2010 / Rules and Regulations 

Authority: 42 U.S.C. 7401 et seq. 

Subpart BB—Montana 

■ 2. Section 52.1370 is amended by 

adding paragraph (c)(68) to read as 

follows: 

§ 52.1370 Identification of plan. 

* * * * * 

(c) * * * 

(68) Revisions to the State 

Implementation plan which were 

submitted by the State of Montana on 

November 1, 2006 and November 20, 

2007. The revisions are to the 

Administrative Rules of Montana; they 

make minor editorial and grammatical 

changes, update the citations and 

references to federal and state laws and 

regulations, make other minor changes 

to conform to federal regulations, and 

update links to sources of information. 

(i) Incorporation by reference. 

(A) Administrative Rules of Montana 

(ARM) section 17.8.101, Definitions; 

effective August 11, 2006. 

(B) Administrative Rules of Montana 

(ARM) sections: 17.8.102, Incorporation 

by Reference—Publication Dates; 

17.8.103, Incorporation by Reference 

and Availability of Referenced 

Documents; 17.8.302(1)(d), 

Incorporation by Reference; 17.8.602, 

Incorporation by Reference; 17.8.801, 

Definitions; 17.8.818, Review of Major 

Stationary Sources and Major 

Modifications—Source Applicability 

and Exemptions; 17.8.901, Definitions; 

17.8.1007, Baseline for Determining 

Credit for Emissions and Air Quality 

Offsets; and, 17.8.1102, Incorporation by 

Reference; all effective October 26, 

2007. 

[FR Doc. 2010–1386 Filed 1–25–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0475; FRL–9104–7] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing a limited 

approval and limited disapproval of 

revisions to the San Joaquin Valley Air 

Pollution Control District (SJVAPCD or 

District) portion of the California State 

Implementation Plan (SIP). This action 

was proposed in the Federal Register on 

July 17, 2009 and concerns volatile 

organic compound (VOC) emissions 

from steam-enhanced crude oil 

production well vents, aerospace 

coating operations, and polyester resin 

operations. Under authority of the Clean 

Air Act as amended in 1990 (CAA or the 

Act), this action simultaneously 

approves local rules that regulate these 

emission sources and directs California 

to correct rule deficiencies. 

DATES: Effective Date: This rule is 

effective on February 25, 2010. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2009–0475 for 

this action. The index to the docket is 

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 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: 

Nicole Law, EPA Region IX, (415) 947– 

4126, law.nicole@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 July 17, 2009 (74 FR 34704), EPA 

proposed a limited approval and limited 

disapproval of the following rules that 

were submitted for incorporation into 

the California SIP. 

Local agency Rule No. Rule title Adopted Submitted 

SJVAPCD .................................. 4401 Steam-Enhanced Crude Oil Production Wells ............................ 12/14/06 05/08/07 

SJVAPCD .................................. 4605 Aerospace Assembly and Component Coating Operations ........ 09/20/07 03/07/08 

SJVAPCD .................................. 4684 Polyester Resin Operations ......................................................... 09/20/07 03/07/08 

We proposed a limited approval 

because we determined that these rules 

improve the SIP and are largely 

consistent with the relevant CAA 

requirements. We simultaneously 

proposed a limited disapproval because 

some rule provisions do not fully satisfy 

requirements of section 110 and part D 

of the Act. The deficiencies include the 

following: 

1. Rule 4401 authorizes the District to 

grant a waiver from SIP requirements, in 

section 6.2.4. 

2. SJVAPCD has not adequately 

demonstrated that Rule 4605 and Rule 

4684 implement RACT. 

Our proposed action contains more 

information on the basis for this 

rulemaking and on our evaluation of the 

submittal. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we received comments from the 

following party. 

1. Scott Nester, Director of Planning, 

San Joaquin Valley Air Pollution 

Control District; letter dated and 

received August 17, 2009. 

After the close of the comment period, 

we also received comments from the 

following party. 

2. Sayed Sadredin, Executive 

Director/Air Pollution Control Officer of 

San Joaquin Valley Air Pollution 

Control District; letter dated August 27, 

2009 and received August 31, 2009. 

The comments and our responses are 

summarized below. Although we are not 

obligated to address comments 

submitted after the close of the 

comment period, we are addressing 

below both the District’s August 17 

comments and those comments in the 

District’s August 27 letter that pertain to 

the rules we are acting on today. 

SJVAPCD Aug. 17 Comment #1: The 

District stated that its staff has proposed 

to amend Rule 4684 to implement 

requirements in the September 2008 

Control Techniques Guideline (CTG) for 

fiberglass boat manufacturing materials. 

EPA Response: We appreciate 

SJVAPCD’s efforts to promptly address 

RACT requirements for sources covered 

by the 2008 CTG for Fiberglass Boat 

Manufacturing Materials (2008 CTG), 

but we are obligated to act at this time 

on the submitted version of Rule 4684. 

In addition, we note that Rule 4684 

should be revised to address RACT 

WReier-Aviles on DSKGBLS3C1PROD with RULES