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[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Rules and Regulations]
[Pages 63743-63745]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25383]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0754; FRL-9740-7]

Revisions to the California State Implementation Plan, Sacramento 
Metropolitan Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Sacramento Metropolitan Air Quality Management District (SMAQMD) 
portion of the California State Implementation Plan (SIP). These 
revisions concern negative declarations for volatile organic compound 
(VOC) source categories for the SMAQMD. We are approving these negative 
declarations under the Clean Air Act as amended in 1990 (CAA or the 
Act).

DATES: This rule is effective on December 17, 2012 without further 
notice, unless EPA receives adverse comments by November 16, 2012. 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-
2012-0754, 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: The index to the docket for this action is 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 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.

[[Page 63744]]

FOR FURTHER INFORMATION CONTACT: Cynthia Allen, EPA Region IX, (415) 
947-4120, allen.cynthia@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What negative declarations did the State submit?
    B. Are there other versions of these negative declarations?
    C. What is the purpose of the submitted negative declarations?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the negative declarations?
    B. Do the negative declarations meet the evaluation criteria?
    C. Public Comment and Final Action
III. Administrative Requirements

I. The State's Submittal

A. What negative declarations did the State submit?

    Table 1 lists the negative declarations we are approving with the 
dates that they were adopted by the SMAQMD and submitted by the 
California Air Resources Board (CARB).

                Table 1--Submitted Negative Declarations
------------------------------------------------------------------------
     Local agency             Title           Adopted        Submitted
------------------------------------------------------------------------
SMAQMD................  Fiberglass Boat         03/22/12        07/12/12
                         Manufacturing
                         Materials (EPA-
                         453/R-08-004,
                         September 2008).
SMAQMD................  Automobile and          03/22/12        07/12/12
                         Light-Duty
                         Truck Assembly
                         Coatings (EPA-
                         453/R-08-006,
                         September 2008).
------------------------------------------------------------------------

    On August 16, 2012, EPA determined that the SMAQMD Negative 
Declarations submitted on July 12, 2012, 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 negative declarations?

    There are no previous versions of these negative declarations.

C. What is the purpose of the submitted negative declarations?

    The negative declarations were submitted to meet the requirements 
of CAA section 182(b)(2). Ozone nonattainment areas classified at 
moderate and above are required to adopt VOC regulations for the 
published Control Techniques Guidelines (CTG) categories and for major 
non-CTG sources of VOC or NOX. If a nonattainment area does 
not have stationary sources covered by an EPA published CTG, then the 
area is required to submit a negative declaration. The negative 
declarations were submitted because there are no applicable sources 
within the SMAQMD jurisdiction. EPA's technical support document (TSD) 
has more information about these negative declarations.

II. EPA's Evaluation and Action

A. How is EPA evaluating the negative declarations?

    The negative declarations are submitted as SIP revisions and must 
be consistent with CAA requirements for Reasonably Available Control 
Technology (RACT) (see section 182(b)(2)) and SIP relaxation (see 
sections 110(1) and 193.) To do so, the submittal should provide 
reasonable assurance that no sources subject to the CTG requirements 
currently exist or are planned for the SMAQMD.

B. Do the negative declarations meet the evaluation criteria?

    We believe these negative declarations are consistent with the 
relevant policy and guidance regarding RACT and SIP relaxations. The 
TSD has more information on our evaluation.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted negative declarations as additional information 
to the SIP 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 these negative declarations. If we receive adverse comments 
by November 16, 2012, 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 December 17, 2012.

III. Administrative Requirements

    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 interfere with Executive Order 12898 (59 FR 7629 
(Feb. 16, 1994)) because EPA lacks the discretionary authority to 
address environmental justice in this rulemaking.

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249,

[[Page 63745]]

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 17, 2012. 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. 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: September 27, 2012.
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]

0
1. The authority citation for Part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.222 is amended by adding paragraph (a)(2)(iii) to read as 
follows:

Sec.  52.222  Negative declarations.

    (a) * * *
    (2) * * *
    (iii) Fiberglass and Boat Manufacturing Materials and Automobile 
and Light-Duty Truck Assembly Coatings were submitted on July 12, 2012 
and adopted on March 22, 2012.
* * * * *
[FR Doc. 2012-25383 Filed 10-16-12; 8:45 am]
BILLING CODE 6560-50-P
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