56120 Federal Register / Vol. 74, No. 209 / Friday, October 30, 2009 / Rules and Regulations 

EPA-APPROVED REGULATIONS IN THE MARYLAND SIP 

Code of Maryland 

administrative regulations (COMAR) citation 

Title/subject State effective 

date EPA approval date Additional explanation/ citation at 40 CFR 52.1100 

* * * * * * * 

26.11.28 Clean Air Interstate Rule 

26.11.28.01 ............... Definitions ................................... 6/16/08 10/30/09 [Insert page number 

where the document begins].

26.11.28.02 ............... Incorporation by Reference ........ 6/16/08 10/30/09 [Insert page number 

where the document begins].

26.11.28.03 ............... Affected Units and General Requirements.6/16/08 10/30/09 [Insert page number 

where the document begins].

26.11.28.04 ............... Requirements for New Affected 

Trading Units and NOX Set 

Aside Pool.

6/16/08 10/30/09 [Insert page number 

where the document begins].

26.11.28.05 ............... NOX Allowances for Renewable 

Energy Projects and Consumers of Electric Power.

6/16/08 10/30/09 [Insert page number 

where the document begins].

26.11.28.06 ............... NOX Allowances To Be Distributed to Consumers of Electric 

Power.

6/16/08 10/30/09 [Insert page number 

where the document begins].

26.11.28.07 ............... Distribution of Unused NOX Allowances in the Set Aside 

Pool.

6/16/08 10/30/09 [Insert page number 

where the document begins].

26.11.28.08 ............... Allocation of NOX Allowances .... 6/16/08 10/30/09 [Insert page number 

where the document begins].

Annual and Ozone Season Allocations start in 2010 instead 

of 2009. 

* * * * * * * 

* * * * * 

§ 52.1084 [Removed and Reserved] 

■ 3. Section 52.1084 is removed and 

reserved. 

§ 52.1085 [Removed and Reserved] 

■ 4. Section 52.1085 is removed and 

reserved. 

[FR Doc. E9–26090 Filed 10–29–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0371; FRL–8970–6] 

Revisions to the California State 

Implementation Plan, Northern Sierra 

Air Quality Management District and 

San Joaquin Valley Unified Air 

Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the Northern Sierra Air 

Quality Management District 

(NSAQMD) and San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) portions of the California 

State Implementation Plan (SIP). These 

revisions were proposed in the Federal 

Register on July 13, 2009, and concern 

volatile organic compound (VOC) 

emissions from asphalt paving, gasoline 

bulk storage tanks, and gasoline 

dispensing stations. 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 November 30, 2009. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2009–0371 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: Mae 

Wang, EPA Region IX, (415) 947–4124, 

wang.mae@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 July 13, 2009 (74 FR 33397), EPA 

proposed to approve the following rules 

into the California SIP: 

Local agency Rule No. Rule title Adopted or 

amended Submitted 

NSAQMD .......... 227 Cutback and Emulsified Asphalt Paving Materials .................................................. 11/27/06 03/07/08 

SJVUAPCD ....... 4621 Gasoline Transfer into Stationary Storage Containers, Delivery Vessels, and Bulk 

Plants.

12/20/07 03/07/08 

SJVUAPCD ....... 4622 Gasoline Transfer into Motor Vehicle Fuel Tanks ................................................... 12/20/07 03/07/08 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 74, No. 209 / Friday, October 30, 2009 / Rules and Regulations 56121 

Local agency Rule No. Rule title Adopted or 

amended Submitted 

SJVUAPCD ....... 4651 Soil Decontamination Operations ............................................................................. 9/20/07 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 did not receive any 

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 

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 December 29, 

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, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: September 23, 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 paragraphs (c)(354)(i)(E)(6), 

(c)(354)(i)(E)(7), (c)(354)(i)(E)(8), and 

(c)(354)(G) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(354) * * * 

(i) * * * 

(E) * * * 

(6) Rule 4621, ‘‘Gasoline Transfer into 

Stationary Storage Containers, Delivery 

Vessels, and Bulk Plants,’’ amended on 

December 20, 2007. 

(7) Rule 4622, ‘‘Gasoline Transfer into 

Motor Vehicle Fuel Tanks,’’ amended 

on December 20, 2007. 

(8) Rule 4651, ‘‘Soil Decontamination 

Operations,’’ amended on September 20, 

2007. 

* * * * * 

(G) Northern Sierra Air Quality 

Management District. 

(1) Rule 227, ‘‘Cutback and Emulsified 

Asphalt Paving Materials,’’ adopted on 

November 27, 2006. 

* * * * * 

[FR Doc. E9–26178 Filed 10–29–09; 8:45 am] 

BILLING CODE 6560–50–P 


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