Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 21545 

Subpart F—California 

■ 2. Section 52.220, is amended by 

adding paragraphs (c)(411)(i)(G) and 

(c)(423)(i)(C) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(411) * * * 

(i) * * * 

(G) Santa Barbara County Air 

Pollution Control District. 

(1) Rule 352, ‘‘Natural Gas-Fired FanType Central Furnaces and Small Water 

Heaters,’’ revised on October 20, 2011. 

* * * * * 

(423) * * * 

(i) * * * 

(C) South Coast Air Quality 

Management District. 

(1) Rule 461, ‘‘Gasoline Transfer and 

Dispensing,’’ amended on April 6, 2012. 

[FR Doc. 2013–08261 Filed 4–10–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0886; FRL–9778–4] 

Revisions to the California State 

Implementation Plan, Antelope Valley 

Air Quality Management District and 

Monterey Bay Unified and Santa 

Barbara County Air Pollution Control 

Districts 

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) and 

Monterey Bay Unified Air Pollution 

Control District (MBUAPCD) and Santa 

Barbara County Air Pollution Control 

District (SBCAPCD) portions of the 

California State Implementation Plan 

(SIP). Under authority of the Clean Air 

Act as amended in 1990 (CAA or the 

Act), we are approving local rules that 

address emission statements for 

AVAQMD, rule rescissions that 

addresses public records for MBUAPCD, 

and define terms for SBCAPCD. 

DATES: This rule is effective on June 10, 

2013 without further notice, unless EPA 

receives adverse comments by May 13, 

2013. 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–2012–0886, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: 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 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 

www.regulations.gov or email. 

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 email 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 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 

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: 

Cynthia Allen, EPA Region IX, (415) 

947–4120, allen.cynthia@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. 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 and the rules we are 

rescinding 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 

AVAQMD ......................... 107 Certification of Submissions and Emission Statements ................ 05/15/12 09/21/12 

MBUAPCD ....................... 900 Inspection of Public Records—Disclosure Policy (rescinded) ...... 04/20/05 07/15/05 

MBUAPCD ....................... 901 Public Records—Definitions (rescinded) ....................................... 04/20/05 07/15/05 

MBUAPCD ....................... 902 Districts Request for Information (rescinded) ................................ 04/20/05 07/15/05 

MBUAPCD ....................... 903 Inspection of Public Records—Disclosure Procedure (rescinded) 04/20/05 07/15/05 

MBUAPCD ....................... 904 Trade Secrets—Procedure When Inspection is Requested (rescinded).04/20/05 07/15/05 

SBCAPCD ....................... 102 Definitions ...................................................................................... 06/21/12 09/21/12 


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21546 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 

On August 18, 2005, EPA determined 

that the submittal for MBUAPCD Rules 

900, 901, 902, 903, and 904 met the 

completeness criteria in 40 CFR Part 51 

Appendix V, which must be met before 

formal EPA review. 

On October 11, 2012, EPA determined 

that the submittal for AVAQMD Rule 

107 and SBCAPCD Rule 102 met the 

completeness criteria in 40 CFR Part 51 

Appendix V, which must be met before 

formal review. 

B. Are there other versions of these 

rules? 

There is no previous version of 

AVAQMD Rule 107 in the SIP. We 

approved an earlier version of 

MBUAPCD Rules 900, 901, 902, 903, 

and 904 into the SIP on July 13, 1987 

(52 FR 26148) and SBCAPCD Rule 102 

into the SIP on May 4, 2012 (77 FR 

26448). 

C. What is the purpose of the submitted 

rule revisions? 

Section 110(a) of the CAA requires 

states to submit regulations that control 

volatile organic compounds, oxides of 

nitrogen, particulate matter, and other 

air pollutants which harm human health 

and the environment. These rules were 

developed as part of the local agency’s 

program to control these pollutants. 

Antelope Valley AQMD Rule 107, 

Certification of Submissions and 

Emission Statements, requires the 

owner or operator of a stationary 

sources emitting VOC or NOX to provide 

AVAQMD with an annual statement of 

actual emissions. The emission 

statement must contain the information 

described in the California Air 

Resources Board (CARB) Emission 

Inventory Guidelines. The statement 

must also contain a certification signed 

and dated by a responsible official of the 

company, which attests that the 

information contained in the submitted 

documents are accurate to the best 

knowledge of the individual certifying 

the submission. The APCO may waive 

the emission statement requirement for 

sources which emit less than 25 tpy if 

AVAQMD provides CARB with an 

emission inventory of sources emitting 

greater than 10 tpy of VOC or NOX using 

emission factors acceptable to CARB 

and EPA. 

Monterey Bay Unified APCD Rule 

900, Inspection of Public Records— 

Disclosure, Rule 901, Public records— 

Definitions, Rule 902, Districts Request 

for Information, Rule 903, Inspection of 

Public Records—Disclosure Procedure 

and Rule 904, Trade Secrets—Procedure 

When Inspection is Requested, are being 

repealed. These rules are being repealed 

because the District has updated their 

Public Records Request Procedures 

pursuant to changes made to the 

California Public Records Act. 

Santa Barbara County APCD Rule 102, 

Definitions, is being amended by adding 

new definitions to terms common to the 

proposed amended rules and to improve 

rule clarity. The District added and 

modified several solvent-related and 

surface-coating definitions that are used 

in various parts of the rulebook. The 

definition of reactive organic compound 

was updated to include most of the 

exempt compounds listed in 40 CFR 

50.100(s) and an exempt compound 

definition was added. 

EPA’s technical support documents 

(TSD) have more information about 

these rules. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

These rules describe administrative 

provisions and definitions that support 

emission controls found in other local 

agency requirements. In combination 

with the other requirements, these rules 

must be enforceable (see section 110(a) 

of the Act) and must not relax existing 

requirements (see sections 110(l) and 

193). EPA policy that we used to 

evaluate enforceability requirements 

consistently includes the Bluebook 

(‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988) and 

the Little Bluebook (‘‘Guidance 

Document for Correcting Common VOC 

& Other Rule Deficiencies,’’ EPA Region 

9, August 21, 2001). 

B. Do the rules meet the evaluation 

criteria? 

We believe these rules are consistent 

with the relevant policy and guidance 

regarding enforceability and SIP 

relaxations. The TSDs have more 

information on our evaluation. 

C. 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 May 13, 2013, 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 June 10, 2013. 

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 


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Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 21547 

• 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 

appropriate circuit by June 10, 2013. 

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: January 25, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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)(159)(iii)(H), 

(c)(423)(i)(D), and (c)(423)(i)(E) to read 

as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(159) * * * 

(iii) * * * 

(H) Previously approved on July 13, 

1987 in (c)(159)(iii)(A) of this section 

and now deleted without replacement 

Rules 900, 901, 902, 903, and 904. 

* * * * * 

(423) * * * 

(i) * * * 

(D) Antelope Valley Air Quality 

Management District. 

(1) Rule 107, ‘‘Certification of 

Submission and Emission Statements,’’ 

adopted on May 15, 2012. 

(E) Santa Barbara County Air 

Pollution Control District. 

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

on June 21, 2012. 

[FR Doc. 2013–08255 Filed 4–10–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[Docket #: EPA–R10–OAR–2012–0193; FRL 

9738–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Oregon: 

Eugene-Springfield PM10

Nonattainment Area Limited 

Maintenance Plan and Redesignation 

Request 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve the Limited 

Maintenance Plan (LMP) submitted by 

the State of Oregon on January 13, 2012, 

for the Eugene-Springfield 

nonattainment area (Eugene-Springfield 

NAA) and the State’s request to 

redesignate the area to attainment for 

the National Ambient Air Quality 

Standards (NAAQS) for particulate 

matter with an aerodynamic diameter 

less than or equal to a nominal 10 

micrometers (PM10). EPA is approving 

the State’s request because it meets 

Clean Air Act (CAA) requirements for 

redesignation. EPA is approving the 

State’s SIP revision as a direct final rule 

without prior proposal because EPA 

views this as a noncontroversial SIP 

revision and anticipates no adverse 

comments. 

DATES: This direct final rule will be 

effective June 10, 2013, without further 

notice, unless EPA receives adverse 

comments by May 13, 2013. If adverse 

comments are 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–R10– 

OAR–2012–0193, by any of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: R10- 

Public_Comments@epa.gov 

• Mail: Kristin Hall, EPA Region 10, 

Office of Air, Waste and Toxics (AWT– 

107), 1200 Sixth Avenue, Suite 900, 

Seattle WA, 98101 

• Hand Delivery/Courier: EPA Region 

10, 1200 Sixth Avenue, Suite 900, 

Seattle WA, 98101. Attention: Kristin 

Hall, Office of Air, Waste and Toxics, 

AWT—107. Such deliveries are only 

accepted during normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2012– 

0193. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 


TKELLEY on DSK3SPTVN1PROD with RULES