11990 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Proposed Rules 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, because it 

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 CAA. 

Thus, the requirements of section 6 of 

the Executive Order do not apply to this 

rule. 

F. Executive Order 13175, Coordination 

With Indian Tribal Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires the 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This proposed rule does 

not have tribal implications, as specified 

in Executive Order 13175. It will not 

have substantial direct effects on tribal 

governments. Thus, Executive Order 

13175 does not apply to this rule. EPA 

specifically solicits additional comment 

on this proposed rule from tribal 

officials. 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

Protection of Children from 

Environmental Health Risks and Safety 

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

applies to any rule that: (1) Is 

determined to be ‘‘economically 

significant’’ as defined under Executive 

Order 12866, and (2) concerns an 

environmental health or safety risk that 

the EPA has reason to believe may have 

a disproportionate effect on children. If 

the regulatory action meets both criteria, 

the Agency must evaluate the 

environmental health or safety effects of 

the planned rule on children, and 

explain why the planned regulation is 

preferable to other potentially effective 

and reasonably feasible alternatives 

considered by the Agency. 

This rule is not subject to Executive 

Order 13045 because it does not involve 

decisions intended to mitigate 

environmental health or safety risks. 

H. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12 of the National Technology 

Transfer and Advancement Act 

(NTTAA) of 1995 requires Federal 

agencies to evaluate existing technical 

standards when developing a new 

regulation. To comply with NTTAA, the 

EPA must consider and use ‘‘voluntary 

consensus standards’’ (VCS) if available 

and applicable when developing 

programs and policies unless doing so 

would be inconsistent with applicable 

law or otherwise impractical. 

EPA believes that VCS are 

inapplicable to this action. Today’s 

action does not require the public to 

perform activities conducive to the use 

of VCS. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen oxides, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur dioxide, Volatile 

organic compounds. 

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

Dated: February 15, 2012. 

Karl Brooks, 

Karl Brooks, Regional Administrator, Region 

7. 

[FR Doc. 2012–4684 Filed 2–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0027; FRL–9638–6] 

Revisions to the California State 

Implementation Plan, Mojave Desert 

Air Quality Management District and 

Yolo-Solano Air Quality Management 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Mojave Desert Air 

Quality Management District 

(MDAQMD) and Yolo-Solano Air 

Quality Management District 

(YSAQMD) portions of the California 

State Implementation Plan (SIP). These 

revisions concern oxides of nitrogen 

(NOX) emissions from glass melting 

furnaces and biomass boilers. We are 

approving local rules that regulate these 

emission sources under the Clean Air 

Act as amended in 1990 (CAA or the 

Act). We are taking comments on this 

proposal and plan to follow with a final 

action. 

DATES: Any comments must arrive by 

March 29, 2012. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2012–0027, 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. 

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: 

Idalia Perez, EPA Region IX, (415) 972– 

3248, perez.idalia@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 

rules? 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Proposed Rules 11991 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. EPA Recommendations to Further 

Improve the Rules 

D. 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 addressed by 

this proposal with the dates when they 

were adopted or amended 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/ 

Amended Submitted 

MDAQMD ................................................... 1165 ........................ Glass Melting Furnaces ............................ 08/12/08 12/23/08 

YSAQMD .................................................... 2.43 ......................... Biomass Boilers ........................................ 11/10/10 04/05/11 

On April 20, 2009, EPA determined 

that the submittal for MDAQMD Rule 

1165 met the completeness criteria in 40 

CFR part 51 appendix V, which must be 

met before formal EPA review. On May 

6, 2011, EPA determined that the 

submittal for YSAQMD Rule 2.43 met 

the completeness criteria in 40 CFR part 

51 appendix V, which must be met 

before formal EPA review. 

B. Are there other versions of these 

rules? 

There are no previous versions of 

YSAQMD Rule 2.43. There are no 

previous versions of Rule 1165 in the 

SIP, although the MDAQMD adopted an 

earlier version of this rule on August 27, 

2007, and CARB submitted it to us on 

March 7, 2008. While we can act on 

only the most recently submitted 

version, we have reviewed materials 

provided with previous submittals. 

C. What is the purpose of the submitted 

rules? 

NOX helps produce ground-level 

ozone, smog and particulate matter, 

which harm human health and the 

environment. PM contributes to effects 

that are harmful to human health and 

the environment, including premature 

mortality, aggravation of respiratory and 

cardiovascular disease, decreased lung 

function, visibility impairment, and 

damage to vegetation and ecosystems. 

Section 110(a) of the CAA requires 

States to submit regulations that control 

NOX and PM emissions. MDAQMD Rule 

1165 limits emissions of NOX, carbon 

monoxide (CO), volatile organic 

compounds (VOCs), and sulfur oxides 

(SOX) from glass melting furnaces that 

produce at least 5 tons of glass per day. 

YSAQMD Rule 2.43 regulates emissions 

of NOX and CO from boilers that use 

biomass as fuel and that have a heat 

input rating of greater than 5 MMBtu/ 

hour. EPA’s technical support 

documents (TSDs) have more 

information about these rules. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

Act), must require Reasonably Available 

Control Technology (RACT) for each 

category of sources covered by a Control 

Techniques Guidelines (CTG) document 

as well as each major source in 

nonattainment areas (see sections 

182(b)(2) and 182(f)), and must not relax 

existing requirements (see sections 

110(l) and 193). In addition, SIP rules 

must implement Reasonably Available 

Control Measures (RACM), including 

Reasonably Available Control 

Technology (RACT), in moderate PM 

nonattainment areas, and Best Available 

Control Measures (BACM), including 

Best Available Control Technology 

(BACT), in serious PM nonattainment 

areas (see CAA sections 189(a)(1) and 

189(b)(1)). The MDAQMD regulates an 

ozone nonattainment area and a PM10

nonattainment area classified as 

moderate (see 40 CFR part 81), so Rule 

1165 must implement RACT and 

RACM. The YSAQMD regulates an 

ozone nonattainment area (see 40 CFR 

part 81), so Rule 2.43 must fulfill RACT. 

Guidance and policy documents that 

we use to evaluate enforceability, RACT 

and RACM requirements consistently 

include the following: 

1. ‘‘State Implementation Plans; 

Nitrogen Oxides Supplement to the 

General Preamble; Clean Air Act 

Amendments of 1990 

Implementation of Title I; Proposed 

Rule,’’ (the NOX Supplement), 57 

FR 55620, November 25, 1992. 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988 

(the Bluebook). 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, 

August 21, 2001 (the Little 

Bluebook). 

4. ‘‘State Implementation Plans for 

Serious PM–10 Nonattainment 

Areas, and Attainment Date 

Waivers for PM–10 Nonattainment 

Areas Generally; Addendum to the 

General Preamble for the 

Implementation of Title I of the 

Clean Air Act Amendments of 

1990,’’ 59 FR 41998 (August 16, 

1994). 

5. ‘‘PM–10 Guideline Document,’’ EPA 

452/R–93–008, April 1993. 

6. ‘‘Determination of Reasonably 

Available Control Technology and 

Best Available Retrofit Control 

Technology for Industrial, 

Institutional, and Commercial 

Boilers, Steam Generators, and 

Process Heaters,’’ CARB, July 18, 

1991. 

7. ‘‘Alternative Control Techniques 

Document— NOX Emissions from 

Industrial/Commercial/Institutional 

(ICI) Boilers,’’ US EPA 453/R–94– 

022, March 1994. 

8. ‘‘Alternative Control Techniques 

Document— NOX Emissions from 

Utility Boilers,’’ US EPA 452/R–93– 

008, March 1994. 

9. ‘‘State Implementation Plans (SIPs): 

Policy Regarding Excess Emissions 

During Malfunctions, Startup and 

Shutdown’’ from Steven A. 

Herman, Assistant Administrator 

for Enforcement and Compliance 

Assurance, and Robert Perciasepe, 

Assistant Administrator for Air and 

Radiation, September 20, 1999. 

10. ‘‘Interim White Paper—Midwest 

RPO Candidate Control Measure: 

Glass Manufacturing,’’ Lake 

Michigan Air Directors Consortium, 

December 12, 2005. 

11. ‘‘Alternative Control Techniques 

Document— NOX Emissions from 

Glass Manufacturing,’’ US EPA 453/ 

R–94–037, June 1994. 

12. ‘‘Integrated Pollution Prevention and 

Control (IPPC) Reference Document 

on Best Available Techniques in the 

Glass Manufacturing Industry,’’ 

European Commission, December 

2001. 

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11992 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Proposed Rules 

B. Do the rules meet the evaluation 

criteria? 

We believe these rules are consistent 

with the relevant policy and guidance 

regarding enforceability, RACT, RACM 

and SIP relaxations. The TSDs have 

more information on our evaluation. 

C. EPA Recommendations To Further 

Improve the Rules 

The TSDs describe additional rule 

revisions that we recommend for the 

next time the local agencies modify the 

rules but are not currently the basis for 

rule disapproval. 

D. Public Comment and Final Action 

Because EPA believes the submitted 

rules fulfill all relevant requirements, 

we are proposing to fully approve them 

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

Act. We will accept comments from the 

public on this proposal for the next 30 

days. Unless we receive convincing new 

information during the comment period, 

we intend to publish a final approval 

action that will incorporate these rules 

into the federally enforceable SIP. 

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 proposed action 

merely proposes to approve State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this proposed 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 proposed action 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, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements. 

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

Dated: February 15, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2012–4729 Filed 2–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0089; FRL–9638–5] 

Revisions to the California State 

Implementation Plan, Mojave Desert 

Air Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing a limited 

approval and limited disapproval of 

revisions to the Mojave Desert Air 

Quality Management District 

(MDAQMD) portion of the California 

State Implementation Plan (SIP). These 

revisions concern oxides of nitrogen 

(NOX) emissions from stationary gas 

turbines. We are proposing action on a 

local rule that regulates these emission 

sources under the Clean Air Act as 

amended in 1990 (CAA or the Act). We 

are taking comments on this proposal 

and plan to follow with a final action. 

DATES: Any comments must arrive by 

March 29, 2012. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2012–0089, 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. 

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: 

Idalia Perez, EPA Region IX, (415) 972– 

3248. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

mstockstill on DSK4VPTVN1PROD with PROPOSALS