71886 Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Rules and Regulations 

[FR Doc. 2011–29904 Filed 11–16–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0845; FRL–9492–2] 

Revisions to the California State 

Implementation Plan, Placer County 

Air Pollution Control District and 

Sacramento Metropolitan Air Quality 

Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the Placer 

County Air Pollution Control District 

(PCAPCD) and Sacramento Metropolitan 

Air Quality Management District 

(SMAQMD) portions of the California 

State Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from 

coatings and strippers used on wood 

products, wood paneling, and 

miscellaneous metal parts and products. 

We are approving these local rules that 

regulate these emission sources under 

the Clean Air Act as amended in 1990 

(CAA or the Act). 

DATES: This rule is effective on January 

20, 2012 without further notice, unless 

EPA receives adverse comments by 

December 21, 2011. 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–2011–0845, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://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 http://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 

http://www.regulations.gov or email. 

http://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 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 at 

http://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: 

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. 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. 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 we are 

approving with the dates that they were 

adopted by the local air agencies and 

submitted by the California Air 

Resources Board. 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Amended Submitted 

PCAPCD .......................................... 236 Wood Products and Coating Operations ...................... 10/14/10 04/05/11

PCAPCD .......................................... 238 Factory Coating of Flat Wood Paneling ....................... 10/14/10 04/05/11 

SMAQMD ......................................... 451 Surface Coating of Miscellaneous Metal Parts and 

Products.

10/28/10 04/05/11 

On May 6, 2011, EPA determined that 

the submittal for PCAPCD 236, PCAPCD 

238, and SMAQMD 451 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? 

We approved earlier versions of 

PCAPCD 236, PCAPCD 238, and 

SMAQMD 451 into the SIP on April 30, 

1996 (61 FR 18962), February 12, 1996 

(61 FR 5288), and January 24, 1985 (50 

FR 3338), respectively. The PCAPCD 

adopted revisions to the SIP-approved 

versions on October 14, 2010 and CARB 

submitted them to us on April 5, 2011. 

There are no subsequent submittals of 

the PCAPCD rules. The SMAQMD 

adopted revisions to the SIP-approved 

version of Rule 451 on October 28, 2010 

and CARB submitted them to us on 

April 5, 2011. 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 

rule revisions? 

VOCs help produce ground-level 

ozone and smog, which harm human 

health and the environment. Section 

110(a) of the CAA requires States to 

submit regulations that control VOC 

emissions. The submitted rules control 

emissions from coatings and strippers 

used on wood products, wood paneling, 

and miscellaneous metal parts and 

products. EPA’s technical support 

documents (TSDs) have more 

information about these rules. 


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Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Rules and Regulations 71887 

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(a)(2) and (b)(2)), and must not relax 

existing requirements (see sections 

110(l) and 193). The PCAPCD and 

SMAQMD regulate an ozone 

nonattainment area (see 40 CFR part 81), 

so the rules must fulfill RACT. 

Guidance and policy documents that 

we use to evaluate enforceability and 

RACT requirements consistently 

include the following: 

1. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations,’’ 

EPA, May 25, 1988 (the Bluebook). 

2. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

3. ‘‘Control of Volatile Organic Compound 

Emissions from Wood Furniture 

Manufacturing Operations,’’ EPA–453/ 

R–96–007, April 1996. 

4. ‘‘Control of Volatile Organic Compound 

Emissions from Existing Stationary 

Sources—Volume VII: Factory Surface 

Coating of Flat Wood Paneling,’’ EPA– 

450/2–78–032, June 1978. 

5. ‘‘Control Techniques Guidelines for Flat 

Wood Paneling Coatings,’’ EPA–453-/R– 

06–004, September 2006. 

6. ‘‘Control Technique Guidelines for 

Miscellaneous Metal and Plastic Parts 

Coatings,’’ EPA–453/R–08–003, 

September 2008. 

7. ‘‘Control Techniques Guidelines for Metal 

Furniture Coatings,’’ EPA–453/R–07– 

005, September 2007. 

8. ‘‘Control of Volatile Organic Emissions 

from Existing Stationary Sources Volume 

III: Surface Coating of Metal Furniture,’’ 

EPA–450/2–77–032, December 1977. 

9. ‘‘Control of Volatile Organic Emissions 

from Existing Stationary Sources Volume 

VI: Surface Coating of Miscellaneous 

Metal Parts and Products,’’ EPA–450/2– 

78–015, June 1978. 

B. Do the rules meet the evaluation 

criteria? 

We believe these rules are consistent 

with the relevant policy and guidance 

regarding enforceability, RACT, and SIP 

relaxations. PCAPCD 236, PCAPCD 238, 

and SMAQMD 451 have a few rule 

relaxation concerns, but we do not 

consider them deficiencies. 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 agency modifies the 

rules. 

D. 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 December 21, 2011, 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 January 20, 

2012. 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 

• 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 January 20, 2012. 

Filing a petition for reconsideration by 


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71888 Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Rules and Regulations 

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: October 24, 2011. 

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 52.220, is amended by 

adding paragraphs (c)(388) (i)(D)(3) and 

(E) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(388) * * * 

(i) * * * 

(D) * * * 

(3) Rule 451, ‘‘Surface Coating of 

Miscellaneous Metal Parts and 

Products,’’ amended October 28, 2010. 

(E) Placer County Air Pollution 

Control District. 

(1) Rule 236, ‘‘Wood Products and 

Coating Operations,’’ amended October 

14, 2010, effective July 1, 2011. 

(2) Rule 238, ‘‘Factory Coating of Flat 

Wood Paneling,’’ amended October 14, 

2010, effective July 1, 2011. 

* * * * * 

[FR Doc. 2011–29906 Filed 11–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Parts 302–3 and 302–9 

[FTR Amendment 2011–06; FTR Case 2011– 

307; Docket Number 2011–0025, sequence 

1] 

RIN 3090–AJ18 

Federal Travel Regulation (FTR); 

Storage of a Privately Owned Vehicle 

When Assigned a Temporary Change 

of Station in Support of a Contingency 

Operation 

AGENCY: Office of Governmentwide 

Policy, General Services Administration 

(GSA). 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Federal Travel Regulation (FTR), and 

allows agencies to establish internal 

policy and procedures for storage of a 

privately owned vehicle (POV) when an 

employee is assigned a temporary 

change of station (TCS) in support of a 

contingency operation. 

DATES: Effective date: This final rule is 

effective December 21, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Rick 

Miller, Office of Governmentwide 

Policy, Travel Management Policy, at 

(202) 501–3822 or email at 

rodney.miller@gsa.gov. The Regulatory 

Secretariat (MVCB), 1275 First Street 

NE., Washington, DC 20417, (202) 501– 

4755, for information pertaining to 

status or publication schedules. Please 

cite FTR Amendment 2011–06 FTR case 

2011–307. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Pursuant to 5 U.S.C. 5738 the 

Administrator of General Services is 

authorized to prescribe necessary 

regulations to implement laws regarding 

Federal employees when assigned a TCS 

or when otherwise officially relocated. 

The overall implementing authority is 

the Federal Travel Regulation (FTR) (41 

CFR chapters 300–304). 

This final rule incorporates language 

based on Public Law 110–181, the 

National Defense Authorization Act for 

Fiscal Year 2008, section 1104, and 5 

U.S.C. 5737a, to allow agencies to 

establish policies to provide for the 

storage, without charge, or for the 

reimbursement of the cost of storage, of 

a POV that is owned or leased by a 

covered employee of that agency (or by 

a dependent of such an employee), 

when the employee is assigned a TCS in 

support of a contingency operation. The 

term ‘‘contingency operation’’ has the 

meaning given such term in 10 U.S.C. 

1482a(c)(2) to include humanitarian 

operations, peacekeeping operations, 

and similar operations. 

This final rule also amends and 

clarifies other clerical issues pertaining 

to FTR Part 302–3, (Subpart B— 

Transferred Employees—Table H— 

Temporary Change of Station (TCS), and 

Subpart E—Employee’s Temporary 

Change of Station) and Part 302–9 

(Allowances for Transportation and 

Emergency Storage of a Privately Owned 

Vehicle). 

B. Executive Order 12866 and 13563 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has not been designated a ‘‘significant 

regulatory action’’ and is not 

economically significant, under section 

3(f) of Executive Order 12866. 

C. Regulatory Flexibility Act 

This final rule will not have a 

significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because the revisions are not considered 

substantive. This final rule is also 

exempt from the Regulatory Flexibility 

Act per 5 U.S.C. 553 (a)(2) because it 

applies to agency management or 

personnel. However, this final rule is 

being published to provide transparency 

in the promulgation of Federal policies. 

D. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the changes to the 

FTR do not impose recordkeeping or 

information collection requirements, or 

the collection of information from 

offerors, contractors, or members of the 

public that require the approval of the 

Office of Management and Budget under 

44 U.S.C. 3501, et seq. 

E. Small Business Regulatory 

Enforcement Fairness Act 

This final rule is also exempt from 

congressional review prescribed under 5 

U.S.C. 801 since it relates solely to 

agency management and personnel. 


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