Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Rules and Regulations 37727 

40 CFR citation OMB control No. 

721.10152 ....................... 2070–0012 

721.10153 ....................... 2070–0012 

721.10154 ....................... 2070–0012 

* * * * * 

* * * * * 

■ 19. In § 9.1, the table is amended by 

removing all entries (723.50–723.250) 

under the undesignated center heading 

‘‘Premanufacture Notification 

Exemptions’’ and adding in their place 

‘‘Part 723’’ to read as follows: 

§ 9.1 OMB approvals under the Paperwork 

Reduction Act. 

* * * * * 

40 CFR citation OMB control No. 

* * * * * 

Premanufacture Notification Exemptions 

Part 723 .......................... 2070–0012 

* * * * * 

■ 20. In § 9.1, the table is amended by 

removing the entry ‘‘725.1075’’ under 

the undesignated center heading 

‘‘Reporting Requirements and Review 

Processes for Microorganisms’’ and 

adding in its place ‘‘Part 725’’ to read as 

follows: 

§ 9.1 OMB approvals under the Paperwork 

Reduction Act. 

* * * * * 

40 CFR citation OMB control No. 

* * * * * 

Reporting Requirements and Review 

Processes for Microorganisms 

Part 725 .......................... 2060–0012 

* * * * * 

■ 21. In § 9.1, the table is amended by 

removing all entries (Part 749, subpart D 

and 749.68) under the undesignated 

center heading ‘‘Water Treatment 

Chemicals’’ and adding in their place 

‘‘Part 749’’ to read as follows: 

§ 9.1 OMB approvals under the Paperwork 

Reduction Act. 

* * * * * 

40 CFR citation OMB control No. 

* * * * * 

Water Treatment Chemicals 

Part 749 .......................... 2060–0193 

* * * * * 

■ 22. In § 9.1, the table is amended by 

removing all entries (761.20–761.398) 

under the undesignated center heading 

‘‘Polychlorinated Biphenyls (PCBs) 

Manufacturing, Processing, Distribution 

in Commerce, and Use Prohibitions’’ 

and adding in their place ‘‘Part 761’’ to 

read as follows: 

§ 9.1 OMB approvals under the Paperwork 

Reduction Act. 

* * * * * 

40 CFR citation OMB control No. 

* * * * * 

Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in 

Commerce, and Use Prohibitions 

Part 761 .......................... 2060–0112 

* * * * * 

■ 23. In § 9.1, the table is amended by 

removing the entry ‘‘766.35(d) Form’’ 

under the undesignated center heading 

‘‘Dibenzo-para-dioxin/Dibenzofurans.’’ 

■ 24. In § 9.1, the table is amended by 

amended by removing all entries 

(790.5–790.99) under the undesignated 

center heading ‘‘Procedures Governing 

Testing Consent Agreements and Test 

Rules’’ and adding in their place ‘‘Part 

790’’ to read as follows: 

§ 9.1 OMB approvals under the Paperwork 

Reduction Act. 

* * * * * 

40 CFR citation OMB control No. 

* * * * * 

Procedures Governing Testing Consent 

Agreements and Test Rules 

Part 790 .......................... 2060–0033 

* * * * * 

■ 25. In § 9.1, the table is amended by 

removing the entry ‘‘795.45’’ under the 

undesignated center heading 

‘‘Provisional Test Guidelines.’’ 

■ 26. In § 9.1, the table is amended by 

removing all entries (799.1053– 

799.5115) under the undesignated 

center heading ‘‘Identification of 

Specific Chemical Substance and 

Mixture Testing Requirements’’ and 

adding in their place ‘‘Part 799’’ to read 

as follows: 

§ 9.1 OMB approvals under the Paperwork 

Reduction Act. 

* * * * * 

40 CFR citation OMB control No. 

* * * * * 

Identification of Specific Chemical Substance and Mixture Testing Requirements 

Part 799 .......................... 2060–0033 

* * * * * 

[FR Doc. 2010–15863 Filed 6–29–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0080; FRL–9169–3] 

Disapproval of California State 

Implementation Plan Revisions, 

Monterey Bay Unified Air Pollution 

Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing disapproval 

of a revision to the Monterey Bay 

Unified Air Pollution Control District 

(MBUAPCD) portion of the California 

State Implementation Plan (SIP). This 

action was proposed in the Federal 

Register on March 22, 2010. This 

revision concerns opacity standards 

related to multiple pollutants, including 

particulate matter (PM) emissions, from 

a wide variety of sources. Under 

authority of the Clean Air Act as 

amended in 1990 (CAA or the Act), this 

action identifies a deficiency that 

precludes approval of this SIP revision. 

DATES: Effective Date: This rule is 

effective on July 30, 2010. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2009–0080 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 


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37728 Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Rules and Regulations 

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: 

Joanne Wells, EPA Region IX, (415) 

947–4118, wells.joanne@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 March 22, 2010(75 FR 13468), 

EPA proposed to disapprove the 

following rule that was submitted for 

incorporation into the California SIP. 

Local agency Rule No. Rule title Revised Submitted 

MBUAPCD ...................................................... 400 Visible Emissions ........................................... 12/15/04 03/07/08 

We proposed to disapprove this rule 

because one rule provision does not 

satisfy the requirements of section 110 

and part D of the Act. Specifically: 

• New section 3.2.3 places no time 

limitation on opacity between 20% and 

40% for gas turbines except as defined 

in the District permit pursuant to new 

section 2.5. This is inconsistent with 

long-standing national policy on excess 

emissions, which explains that SIP rules 

must ensure that emissions during 

startup conditions are minimized. We 

believe this could be addressed by 

adding rule text establishing appropriate 

time limitations on gas turbine startup, 

requiring sources to minimize time and 

emissions during startup, and 

demonstration in the staff report that the 

rule minimizes emissions during 

startup. 

Our proposed action contains more 

information on the basis for this 

rulemaking and on our evaluation of the 

submittal. 

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 of the rule as 

described in our proposed action. 

Therefore, as authorized in section 

110(k)(3) of the Act, EPA is finalizing a 

full disapproval of the submitted rule. 

As a result, this action will retain the 

version of Rule 400 approved in 2005 in 

the SIP. Sanctions will not be imposed 

under section 179 of the Act, because 

revision of Rule 400 is not a required 

submittal under the CAA and the 

Monterey Bay area continues to meet 

the NAAQS for multiple pollutants, 

including ozone and PM. A final 

disapproval would similarly not trigger 

the federal implementation plan (FIP) 

obligation under section 110(c). 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866, Regulatory 

Planning and Review 

The Office of Management and Budget 

(OMB) has exempted this regulatory 

action from Executive Order 12866, 

entitled ‘‘Regulatory Planning and 

Review.’’ 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3(b). 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to conduct 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements unless the 

agency certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

Small entities include small businesses, 

small not-for-profit enterprises, and 

small governmental jurisdictions. 

This rule will not have a significant 

impact on a substantial number of small 

entities because SIP disapprovals under 

section 110 and subchapter I, part D of 

the Clean Air Act do not create any new 

requirements but simply disapprove 

requirements that the State is already 

imposing. Therefore, because the 

Federal SIP disapproval does not create 

any new requirements, I certify that this 

action will not have a significant 

economic impact on a substantial 

number of small entities. 

Moreover, due to the nature of the 

Federal-State relationship under the 

Clean Air Act, preparation of flexibility 

analysis would constitute Federal 

inquiry into the economic 

reasonableness of State action. The 

Clean Air Act forbids EPA to base its 

actions concerning SIPs on such 

grounds. Union Electric Co., v. U.S. 

EPA, 427 U.S. 246, 255–66 (1976); 42 

U.S.C. 7410(a)(2). 

D. Unfunded Mandates Reform Act 

Under sections 202 of the Unfunded 

Mandates Reform Act of 1995 

(‘‘Unfunded Mandates Act’’), signed into 

law on March 22, 1995, EPA must 

prepare a budgetary impact statement to 

accompany any proposed or final rule 

that includes a Federal mandate that 

may result in estimated costs to State, 

local, or tribal governments in the 

aggregate; or to the private sector, of 

$100 million or more. Under section 

205, EPA must select the most costeffective and least burdensome 

alternative that achieves the objectives 

of the rule and is consistent with 

statutory requirements. Section 203 

requires EPA to establish a plan for 

informing and advising any small 

governments that may be significantly 

or uniquely impacted by the rule. 

EPA has determined that the 

disapproval action promulgated does 

not include a Federal mandate that may 

result in estimated costs of $100 million 

or more to either State, local, or tribal 

governments in the aggregate, or to the 

private sector. This Federal action 

disapproves pre-existing requirements 

under State or local law, and imposes 

no new requirements. Accordingly, no 

additional costs to State, local, or tribal 

governments, or to the private sector, 

result from this action. 

E. Executive Order 13132, Federalism 

Federalism (64 FR 43255, August 10, 

1999) revokes and replaces Executive 

Orders 12612 (Federalism) and 12875 

(Enhancing the Intergovernmental 

Partnership). Executive Order 13132 

requires EPA to develop an accountable 

process to ensure ‘‘meaningful and 

timely input by State and local officials 

in the development of regulatory 

policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that have ‘‘substantial direct 


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Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Rules and Regulations 37729 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government.’’ Under 

Executive Order 13132, EPA may not 

issue a regulation that has federalism 

implications, that imposes substantial 

direct compliance costs, and that is not 

required by statute, unless the Federal 

government provides the funds 

necessary to pay the direct compliance 

costs incurred by State and local 

governments, or EPA consults with 

State and local officials early in the 

process of developing the proposed 

regulation. EPA also may not issue a 

regulation that has federalism 

implications and that preempts State 

law unless the Agency consults with 

State and local officials early in the 

process of developing the proposed 

regulation. 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, because it 

merely disapproves a State rule 

implementing a Federal standard, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the Clean 

Air Act. 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 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 final rule does not 

have tribal implications, as specified in 

Executive Order 13175. It will not have 

substantial direct effects on tribal 

governments, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes. 

Thus, Executive Order 13175 does not 

apply to this rule. 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This rule is not subject to 

Executive Order 13045, because it 

disapproves a State rule implementing a 

Federal standard. 

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, 

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. 

The 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. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations. 

Executive Order 12898, ‘‘Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations’’ (February 16, 

1994) establishes Federal executive 

policy on environmental justice. Its 

main provision directs federal agencies, 

to the greatest extent practicable and 

permitted by law, to make 

environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies and activities on minority 

populations and low-income 

populations in the United States. The 

Executive Order has informed the 

development and implementation of 

EPA’s environmental justice program 

and policies. Consistent with the 

Executive Order and the associated 

Presidential Memorandum, the 

Agency’s environmental justice policies 

promote environmental protection by 

focusing attention and Agency efforts on 

addressing the types of environmental 

harms and risks that are prevalent 

among minority, low-income and Tribal 

populations. 

This action will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income or Tribal 

populations because it maintains the 

level of environmental protection for all 

affected populations without having any 

disproportionately high and adverse 

human health or environmental effects 

on any population, including any 

minority or low-income population. 

K. Congressional Review Act 

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 rule 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. section 804(2). This 

rule will be effective July 30, 2010. 

L. Petitions for Judicial Review 

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 August 30, 2010. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule 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, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements. 


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37730 Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Rules and Regulations 

Dated: June 14, 2010. 

Jared Blumenfeld, 

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 52.242 is amended by 

adding paragraph (a)(6) to read as 

follows: 

§ 52.242 Disapproved rules and 

regulations. 

(a) * * * 

(6) Monterey Bay Unified Air 

Pollution Control District 

(i) Rule 400, Visible Emissions, 

submitted on March 7, 2008. Rule 400 

submitted on January 15, 2004, is 

retained. 

[FR Doc. 2010–15759 Filed 6–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2003–0146; FRL–9169–7] 

RIN 2060–AO55 

National Emission Standards for 

Hazardous Air Pollutants From 

Petroleum Refineries 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction. 

SUMMARY: On October 28, 2009, we 

promulgated general control 

requirements to control emissions of 

hazardous air pollutants from heat 

exchange systems at petroleum 

refineries. These requirements were 

published as amendments to the 

national emission standards for 

petroleum refineries. In this notice, we 

are correcting typographical errors and 

inadvertent errors in section references. 

DATES: This correction is effective on 

July 30, 2010. 

SUPPLEMENTARY INFORMATION: 

I. Summary of Amendments 

On October 28, 2009, we promulgated 

general control requirements to control 

emissions of hazardous air pollutants 

from heat exchange systems at 

petroleum refineries. 74 FR 55670 (40 

CFR part 63, subpart CC). In this action, 

we are correcting technical errors in the 

promulgated rule. 

Table 1 below describes the 

miscellaneous technical corrections we 

are making to 40 CFR part 63, subpart 

CC. 

TABLE 1—TECHNICAL CORRECTIONS TO 40 CFR PART 63, SUBPART CC 

Section Technical correction and reason 

63.646(j) .............................................................. Replace ‘‘§ 63.654(f)’’ with ‘‘§ 63.655(f)’’ to correct a section reference. 

63.646(k) ............................................................. Replace ‘‘§ 63.654(g)’’ with ‘‘§ 63.655(g)’’ to correct a section reference. 

63.654(f) .............................................................. Replace ‘‘paragraphs (f)(1) through (3) of this section’’ with ‘‘paragraphs (f)(1) and (2) of this 

section’’ to remove the reference to a nonexistent paragraph. 

63.655(i)(1)(ii) ..................................................... Replace ‘‘§ 63.654(e)’’ with ‘‘§ 63.655(e)’’ to correct a section reference. 

Table 4, first column heading ............................. Replace ‘‘subpart Y’’ with ‘‘subpart R’’ to correct a section reference. 

Table 6, entry for 63.8(c)(4) ............................... Replace ‘‘is ‘‘once every hour rather’’ than’’ with ‘‘is ‘‘once every hour’’ rather than’’ to correct a 

typographical error. 

Table 6, entry for 63.10(b)(1) ............................. Replace ‘‘§ 63.644(d)’’ with ‘‘§ 63.655(i)’’ to correct a section reference. 

Section 553 of the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(B), provides that, when an 

agency, for good cause, finds that notice 

and public procedure are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. We 

have determined that there is good 

cause for making this technical 

correction final without prior proposal 

and opportunity for comment because 

only simple typographical errors are 

being corrected and these corrections do 

not substantially change the Agency 

actions taken in the final rule. Thus, 

notice and public procedure are 

unnecessary and we find that this 

constitutes good cause under 5 U.S.C. 

553(b)(B). (See also the final sentence of 

section 307(d)(1) of the Clean Air Act 

(CAA), 42 U.S.C. 307(d)(1), indicating 

that where the good cause exception is 

invoked pursuant to section 553(b)(B) of 

the APA, the procedures in section 

307(d) in subsection 553(b) of the APA, 

the procedures in section 307(d) of the 

CAA do not apply.) 

II. Statutory and Executive Order 

Reviews 

Under Executive Order 12866, 

Regulatory Planning and Review (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

is, therefore, not subject to review by the 

Office of Management and Budget. This 

action is not a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2). The technical 

corrections do not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501, et seq.). 

Because EPA has made a ‘‘good cause’’ 

finding that this action is not subject to 

notice and comment requirements 

under the APA or any other statute (see 

Section I of this preamble), it is not 

subject to the regulatory flexibility 

provisions of the Regulatory Flexibility 

Act (5 U.S.C. 601, et seq.), or to sections 

202 and 205 of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4). In addition, this action does not 

significantly or uniquely affect small 

governments or impose a significant 

intergovernmental mandate, as 

described in sections 203 and 204 of the 

UMRA. 

This technical correction does not 

have substantial direct effects on the 

States, or on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, Federalism (64 

FR 43255, August 10, 1999). 

This action does not significantly or 

uniquely affect the communities of 

tribal governments, as specified by 

Executive Order 13175, Consultation 

and Coordination with Indian Tribal 

Governments (65 FR 67249, November 

9, 2000). This correction also is not 

subject to Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997) 

because it is not economically 

significant. 


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