37948 Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Rules and Regulations 

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, Intergovernmental 

relations, Incorporation by reference, 

Ozone, Nitrogen dioxides, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: July 16, 2009. 

J. Scott Gordon, 

Acting Regional Administrator, Region 4. 

■ 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 B—Alabama 

■ 2. Section 52.50(d), is amended by 

adding new entries to the table for 

‘‘Lafarge Cement Kiln’’ and ‘‘Lehigh 

Cement Kiln’’ to read as follows: 

§ 52.50 Identification of plan. 

* * * * * 

(d) * * * 

EPA-APPROVED ALABAMA SOURCE SPECIFIC REQUIREMENTS

Name of source Permit No. 

State submittal 

date/effective 

date 

EPA approval date Explanations 

Lafarge Cement Kiln ............ AB70004_1_01 .................... 2/6/2008 7/30/2009 [Insert citation of 

publication].

Certain provisions of the permit. 

Lehigh Cement Kiln ............. 4–07–0290–03 .................... 2/6/2008 7/30/2009 [Insert citation of 

publication].

Certain provisions of the permit. 

* * * * * 

[FR Doc. E9–18026 Filed 7–29–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–0296; FRL–8936–6] 

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 approval of 

revisions to the San Joaquin Valley Air 

Pollution Control District portion of the 

California State Implementation Plan 

(SIP). These revisions were proposed in 

the Federal Register on June 8, 2009 

and concern volatile organic compound 

(VOC) emissions from organic solvent 

cleaning and degreasing 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: Effective Date: This rule is 

effective on August 31, 2009. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–0296 for this 

action. The index to the docket is 

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 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 June 8, 2009 (74 FR 27084), EPA 

proposed to approve the following rules 

into the California SIP. 

Local agency Rule 

No. Rule title Adopted Submitted 

SJVAPCD ................................................. 4662 Organic Solvent Degreasing Operations .................................. 09/20/07 03/07/08 

SJVAPCD ................................................. 4663 Organic Solvent Cleaning, Storage, and Disposal ................... 09/20/07 03/07/08 

We proposed to approve these rules 

because we determined that they 

complied with the relevant CAA 

requirements. Our proposed action 

contains more information on the rules 

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 rules comply with the 

relevant CAA requirements. Therefore, 

as authorized in section 110(k)(3) of the 

Act, EPA is fully approving these rules 

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 


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Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Rules and Regulations 37949 

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 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 September 28, 

2009. 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: July 10, 2009. 

Jane Diamond, 

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 paragraph (c)(354)(i)(E) to read 

as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(354) * * * 

(i) * * * 

(E) San Joaquin Valley Unified Air 

Pollution Control District 

(1) Rule 4662, ‘‘Organic Solvent 

Degreasing Operations,’’ Adoption April 

11, 1991 and amended September 20, 

2007 

(2) Rule 4663, ‘‘Organic Cleaning 

Storage, and Disposal,’’ Adoption 

December 20, 2001 and amended 

September 20, 2007 

* * * * * 

[FR Doc. E9–18001 Filed 7–29–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 40 

[Docket OST–2003–15245] 

RIN 2105–AD89 

Procedures for Transportation 

Workplace Drug and Alcohol Testing 

Programs 

AGENCY: Office of the Secretary, DOT. 

ACTION: Final rule. 

SUMMARY: This amendment reinstates 

the requirement for direct observation 

collections for all return-to-duty and 

follow-up tests. This provision was 

stayed by the United States Court of 

Appeals for the District of Columbia 

Circuit effective November 1, 2008, but 

that stay was lifted on July 1, 2009. This 

amendment, therefore, restores language 

to the version that became a final rule 

on June 25, 2008. 

DATES: Effective Date: August 31, 2009. 

FOR FURTHER INFORMATION CONTACT: Jim 

L. Swart, Director, U.S. Department of 

Transportation, Office of Drug and 

Alcohol Policy and Compliance, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590; (202) 366–3784 (voice), (202) 

366–3897 (fax), or jim.swart@dot.gov; or 

Robert C. Ashby, Deputy Assistant 

General Counsel for Regulation and 

Enforcement, U.S. Department of 

Transportation, same address, (202) 

366–9310 (voice), (202) 366–9313 (fax), 

or bob.ashby@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department issued a final rule on 

June 25, 2008 (73 FR 35961) that, among 

other changes, modified 49 CFR 40.67(b) 

and added a new paragraph (i) 

concerning the use of direct observation 

collections, a very significant tool the 

Department employs to combat attempts 

by employees to cheat on their drug 

tests. The amendment to 49 CFR 

40.67(b) required direct observation 

collections for all return-to-duty and 

follow-up tests. Section 40.67(i) 

required that direct observations be 

conducted so as to allow the observer to 

check the individual for prosthetic or 

other cheating devices. 

Several petitioners asked the 

Department to delay the effective date of 

these two provisions, seek further 

comment on them, and reconsider them. 

In response, the Department issued a 

notice delaying the effective date of 49 

CFR 40.67(b)—the provision for making 

direct observation collections 

mandatory for all return-to-duty and 


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