25772 Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Rules and Regulations 

based on the proposed action. EPA will 

not institute a second comment period; 

therefore, any parties interested in 

commenting on this action should do so 

at this time. If we do not receive any 

comments, this action will be effective 

July 9, 2010. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by July 9, 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: April 19, 2010. 

Walter W. Kovalick Jr., 

Acting Regional Administrator, Region 5. 

■ 40 CFR part 52 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 KK—Ohio 

■ 2. Section 52.1870 is amended by 

adding paragraph (c)(148) to read as 

follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(c) * * * 

(148) On March 17, 2009, Ohio 

submitted revisions to Ohio 

Administrative Code Chapter 3745–15, 

Rules 3745–15–01 and 3745–15–05. The 

revisions pertain to general provisions 

of OAC Chapter 3745. 

(i) Incorporation by reference. 

(A) Ohio Administrative Code Rule 

3745–15–01 ‘‘Definitions.’’ and Rule 

3745–15–05 ‘‘ ‘De minimis’ air 

contaminant source exemption.’’ The 

rules were adopted on January 12, 2009, 

and became effective on January 22, 

2009. 

(B) January 12, 2009, ‘‘Director’s Final 

Findings and Orders’’, signed by Chris 

Korleski, Director, Ohio Environmental 

Protection Agency. 

[FR Doc. 2010–10836 Filed 5–7–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2009–0790; FRL–9114–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Colorado; Revisions to Regulation 

Number 1 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action approving State Implementation 

Plan revisions submitted by the State of 

Colorado on August 3, 2007 to 

Colorado’s Regulation Number 1 

(revisions to the performance testing 

requirements for air curtain destructors). 

Colorado adopted these rule revisions 

on October 2, 2006. All other actions 

submitted by the State of Colorado 

concurrent with Colorado’s Regulation 

Number 1 revision request will be acted 


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Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Rules and Regulations 25773 

on at a later date. This action is being 

taken under section 110 of the Clean Air 

Act. 

DATES: This rule is effective on July 9, 

2010 without further notice, unless EPA 

receives adverse comment by June 9, 

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–2009–0790, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• E-mail: videtich.callie@epa.gov and 

leone.kevin@epa.gov 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Callie A. Videtich, Director, 

Air Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. 

• Hand Delivery: Callie A. Videtich, 

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–2009– 

0790. 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 e-mail. The 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 www.regulations.gov, your email 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 information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

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 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. Publiclyavailable docket materials are available 

either electronically in 

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: 

Kevin Leone, Air Program, Mailcode 

8P–AR, Environmental Protection 

Agency, Region 8, 1595 Wynkoop 

Street, Denver, Colorado 80202–1129, 

(303) 312–6227, or leone.kevin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. General Information 

A. What should I consider as I prepare my 

comments for EPA? 

II. What is being addressed in this document? 

III. What are the changes that EPA is 

proposing to approve? 

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 word Act or initials 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 Colorado 

mean the State of Colorado, 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 

www.regulations.gov or e-mail. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

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. What is being addressed in this 

document? 

EPA is approving a revision to the 

Colorado State Implementation Plan 


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25774 Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Rules and Regulations 

(SIP). On August 3, 2007, the State of 

Colorado submitted a revision to its SIP, 

regarding the applicability provisions 

for incinerator performance testing 

requirements. This revision addressed 

Regulation Number 1 of the Colorado 

Air Quality Control Commission 

(AQCC) Regulations, entitled ‘‘Emission 

Control for Particulate Matter, Smoke, 

Carbon Monoxide, and Sulfur Oxides.’’ 

Colo. Code Reg. § 1001–3, and provides 

an exemption for air curtain destructors. 

III. What are the changes that EPA is 

proposing to approve? 

Prior to Colorado’s revision, 

Regulation Number 1 Section III.B 

provided that all incinerators, with the 

exception of biomedical waste 

incinerators, meet certain particulate 

matter grain loading standards. To 

ensure compliance with these 

standards, the regulation provides the 

Colorado Air Pollution Control Division 

with the ability to require performance 

tests, in accordance with 40 CFR part 

60, appendix A. The revision to 

Colorado’s SIP and regulations adds an 

additional exemption to Section III.B for 

air curtain destructors that are subject to 

40 CFR part 60. 

Under the definition set forth in 

Colorado’s Common Provisions 

Regulation, 5 Colo. Code. Regs. § 1001– 

2, air curtain destructors are considered 

incinerators, if they are subject to New 

Source Performance Standards (NSPS) 

for incinerators in 40 CFR part 60. 

However, at the time Section III.B of 

Regulation 1 was enacted, there were no 

federal NSPS requirements governing 

air curtain destructors. Air curtain 

destructors were not considered 

incinerators and were not subject to 40 

CFR part 60. On December 1, 2000, EPA 

promulgated NSPS for Commercial and 

Industrial Waste Incineration Units at 

40 CFR part 60, subpart CCCC. On 

December 16, 2005, EPA promulgated 

NSPS for Other Solid Waste 

Incineration Units at 40 CFR part 60, 

subpart EEEE. Both standards apply to 

air curtain destructors that meet limited 

applicability criteria and establish 

opacity standards and appropriate 

performance testing requirements for 

those units. 

Prior to the revision, Regulation 

Number 1, Section III.B required that air 

curtain destructors subject to incinerator 

requirements under 40 CFR part 60 meet 

state grain loading standards and 

performance testing requirements, as 

specified in 40 CFR part 60, appendix 

A, to demonstrate compliance with 

these standards. It is not feasible, 

however, to conduct such performance 

tests on air curtain destructors due to 

their lack of a distinct stack. Colorado 

has revised its regulations to exempt air 

curtain destructors from these 

requirements in order to ensure that air 

curtain destructors are subject to 

appropriate and reasonable performance 

test requirements. Accordingly, 

Regulation Number 1, Section III.B has 

been revised to clarify that air curtain 

destructors subject to 40 CFR part 60 are 

not subject to Section III.B. This 

revision will result in the requirement 

for air curtain destructors subject to 

NSPS to meet the standards and 

conduct performance testing as 

provided in 40 CFR part 60, subpart 

CCCC or 40 CFR part 60, subpart EEEE. 

IV. Final Action 

EPA is approving this revision to 

Colorado’s SIP which would revise 

Regulation Number 1, Section III.B. This 

revision would exclude air curtain 

destructors that are subject to a NSPS 

from complying with infeasible 

performance testing requirements in 

Regulation Number 1, Section III.B. This 

revision will maintain consistency 

between state and federal law. 

EPA considers this change to be 

consistent with the provisions in CAA 

§ 110(l). CAA Section 110(l) states: 

‘‘Each revision to an implementation 

plan submitted by a State under this 

chapter shall be adopted by such State 

after reasonable notice and public 

hearing. The Administrator shall not 

approve a revision of a plan if the 

revision would interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress (as defined in section 7501 of 

this title), or any other applicable 

requirement of this chapter.’’ Thus, 

under Section 110(l), this SIP revision 

must not interfere with attainment or 

reasonable further progress or any other 

applicable requirement of the Act. 

When Section III.B was approved into 

Colorado’s SIP, air curtain destructors 

were not subject to any 40 CFR part 60 

requirements. Before EPA’s 

promulgation of 40 CFR part 60, subpart 

CCCC and 40 CFR part, 60 subpart 

EEEE, air curtain destructors would not 

have been considered ‘‘incinerators’’ 

under the definition in the Common 

Provisions Regulation, 5 Colo. Code 

Regs. § 1001–2, and no air curtain 

destructors would have been regulated 

under Section III.B. Therefore, this 

revision exempting air curtain 

destructors from the requirements of 

Section III.B does not substantively 

change the requirements of Colorado’s 

SIP. Because EPA’s approval of this SIP 

revision would not interfere with 

reasonable further progress or any other 

applicable requirement of CAA, it is 

consistent with CAA § 110(l). 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

amendment and anticipates no adverse 

comments. 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 revision 

if adverse comments are filed. This rule 

will be effective July 9, 2010, without 

further notice unless the Agency 

receives adverse comments by June 9, 

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 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 direct final 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 direct final 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); 


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Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Rules and Regulations 25775 

1SCAQMD implements a combined Title I 

preconstruction and Title V operating permit 

program. 

• 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds, Incorporation by 

reference. 

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

Dated: December 15, 2009. 

Carol Rushin, 

Acting Regional Administrator, Region 8. 

■ 40 CFR part 52 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 G—Colorado 

■ 2. Section 52.320 is amended by 

revising (c)(114) to read as follows: 

§ 52.320 Identification of Plan. 

* * * * * 

(c) * * * 

(114) On August 1, 2007, the State of 

Colorado submitted revisions to 

Colorado Regulation 1 to be 

incorporated into the Colorado SIP. The 

submittal revises Section I.I.I.B.2. by 

adding ‘‘and air curtain destructors 

subject to 40 CFR 60’’ to the first 

sentence of Section I.I.I.B.2. 

(i) Incorporation by reference. 

(A) 5 CCR 1001–3, Code of Colorado 

Regulations, Regulation Number 1, 

Emission Control for Particulates, 

Smokes, Carbon Monoxide and Sulfur 

Oxides, PARTICULATE MATTER, 

Section III.B.2, ‘‘Incinerators,’’ effective 

on November 30, 2006. Published in 

Colorado Register, Volume 29, Number 

11. 

* * * * * 

[FR Doc. 2010–10568 Filed 5–7–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0573; FRL–9146–5] 

Disapproval of State Implementation 

Plan Revisions, South Coast Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing disapproval 

of a revision to the South Coast Air 

Quality Management District 

(SCAQMD) portion of the California 

State Implementation Plan (SIP). This 

action was proposed in the Federal 

Register on September 8, 2009 and 

concerns volatile organic compound 

(VOC) emissions from polymeric foam 

manufacturing operations. Under 

authority of the Clean Air Act as 

amended in 1990 (CAA or the Act), this 

action identifies several deficiencies in 

SCAQMD Rule 1175. 

DATES: Effective Date: This rule is 

effective on June 9, 2010. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2009–0573 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: 

Andrew Steckel, EPA Region IX, (415) 

947–4115, Steckel.andrew@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 September 8, 2009 (74 FR 46044), 

EPA proposed to disapprove the 

following rule that was submitted for 

incorporation into the California SIP. 

Local agency Rule 

Number Rule title Adopted Submitted 

SCAQMD ................ 1175 Control of Emissions from the Manufacturing of Polymeric Cellular (Foam) Products.09/07/07 03/07/08 

We proposed to disapprove this rule 

because some rule provisions do not 

satisfy the requirements of section 110 

and part D of the Act. These provisions 

include the following: 

A. The rule must require 

demonstration, through source testing 

approved in writing by the Executive 

Officer, that the systems and techniques 

in place at a facility achieve 93% 

collection and reduction of emissions 

for sources complying with paragraph 

(c)(4)(B)(iii). 

B. The rule must clarify that all 

operational techniques and parameters 

needed to achieve 93% control to 

comply with paragraph (c)(4)(B)(iii) 

must be clearly defined and enforceable 

through a federally enforceable permit 

such as a Title V operating permit.1 Rule 

1175 should also be revised where 

possible to identify these parameters. 


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