Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Rules and Regulations 69135 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0312; FRL–9485–4] 

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 

(SJVUAPCD) portion of the California 

State Implementation Plan (SIP). These 

revisions were proposed in the Federal 

Register on June 16, 2011, and concern 

volatile organic compound (VOC) 

emissions from architectural coatings. 

We are approving a local rule that 

regulates these emission sources under 

the Clean Air Act as amended in 1990 

(CAA or the Act). 

DATES: Effective Date: This rule is 

effective on December 8, 2011. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2011–0312 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov or 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, multivolume reports), and some may not be 

available in either location (e.g., 

confidential business information 

(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. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On June 16, 2011 (76 FR 35167), EPA 

proposed to approve the following rule 

into the California SIP. 

Local agency Rule title Adopted Submitted 

SJVUAPCD ............................................................... Architectural Coatings .............................................. 12/17/09 05/17/10 

Rule 4601 

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. 

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 

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 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 


tkelley on DSK3SPTVN1PROD with RULES
69136 Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Rules and Regulations 

appropriate circuit by January 9, 2012. 

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, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: October 3, 2011. 

Keith Takata, 

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)(379)(i)(C)(6) to 

read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(379) * * * 

(i) * * * 

(C) * * * 

(6) Rule 4601, ‘‘Architectural 

Coatings’’, amended on December 17, 

2009. 

* * * * * 

[FR Doc. 2011–28788 Filed 11–7–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 372 

[EPA–HQ–TRI–2009–0844; FRL–9488–5] 

RIN 2025–AA27 

Hydrogen Sulfide; Community Rightto-Know Toxic Chemical Release 

Reporting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Lifting of Administrative Stay 

for Hydrogen Sulfide; Correction. 

SUMMARY: The Environmental Protection 

Agency published in the Federal 

Register of October 17, 2011, a 

document lifting the Administrative 

Stay of the reporting requirements for 

hydrogen sulfide. The Office of the 

Federal Register mistakenly lifted the 

stay of the reporting requirements for 

methyl mercaptan, and the document 

also inadvertently left out language in 

the preamble and contained incorrect 

language in the amendatory instruction 

section, which section is required by 

1 CFR 21.1. This document affirms that 

the stay on the reporting requirements 

for methyl mercaptan was not lifted and 

sets out the language in the preamble 

and the amendatory instruction section 

as it should have printed. 

DATES: Effective on October 17, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Daniel R. Bushman, Environmental 

Analysis Division, Office of Information 

Analysis and Access (2842T), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone number: (202) 

566–0743; fax number: (202) 566–0677; 

email: bushman.daniel@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

Environmental Protection Agency 

published a document on August 22, 

1994 (59 FR 43048) imposing stays on 

the reporting requirements for hydrogen 

sulfide and methyl mercaptan found at 

40 CFR 372.65. The document 

published in the Federal Register of 

October 17, 2011 (76 FR 64022) should 

have lifted the Administrative Stay of 

the reporting requirements for only 

hydrogen sulfide. The Office of the 

Federal Register mistakenly lifted the 

stay of the reporting requirements for 

methyl mercaptan as well. The 

document also inadvertently left out 

language in the preamble and contained 

incorrect language in the amendatory 

instruction section, which section is 

required by 1 CFR 21.1, regarding the 

lifted stay of hydrogen sulfide reporting 

requirements. 

In FR Doc. 2011–23534 published on 

October 17, 2011 (76 FR 64022), make 

the following corrections. 

1. On page 64025, in the second 

column, add a new paragraph before the 

beginning of section IV as follows: 

‘‘In order to lift the stay, as a 

procedural matter, EPA must include an 

instruction to the Office of the Federal 

Register, as required by 1 CFR 21.1. This 

instruction does not alter or change the 

content or text of any regulatory 

provision.’’ 

2. On page 64037, in the third column 

following the signature, correctly revise 

the amendatory language to read as 

follows: 

‘‘Therefore, 40 CFR part 372 is 

affected as follows: 

PART 372—[RESTATED] 

■ 1. The authority citation for part 372 

continues to read as follows: 

Authority: 42 U.S.C. 11023 and 11048. 

§ 372.65 [Affected] 

■ 2. Section 372.65 is affected by lifting 

the reporting stay on the hydrogen 

sulfide entry and all related dates under 

paragraph (a), and by lifting the stay on 

the entry for CAS No. 7783–06–4 and all 

related dates under paragraph (b).’’ 

Dated: November 2, 2011. 

Malcolm D. Jackson, 

Assistant Administrator and Chief 

Information Officer. 

[FR Doc. 2011–28888 Filed 11–7–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 110321211–1289–02] 

RIN 0648–BA94 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Gag 

Grouper Closure Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; interim 

measures extended. 

SUMMARY: NMFS issues this temporary 

rule to extend the effective date of 

interim measures to reduce overfishing 

of gag in the Gulf of Mexico (Gulf) 

implemented by a temporary rule 

published by NMFS on June 2, 2011. 

This temporary rule extends the interim 

measures implemented to reduce 

overfishing of gag in the Gulf by 

reducing the commercial quota for gag 

and, thus, the combined commercial 

quota for shallow-water grouper species 

(SWG), establishing a 2-month 

recreational season for gag, and 

suspending red grouper multi-use 

allocation in the Gulf grouper and 

tilefish individual fishing quota (IFQ) 

program, as recommended by the Gulf 

of Mexico Fishery Management Council 

(Council). The intended effect of this 

rule is to reduce overfishing of the gag 

resource in the Gulf. 


tkelley on DSK3SPTVN1PROD with RULES