24406 Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations 

the Indiana Register on April 22, 2009 

(DIN: 20090422–IR–326060603FRA). 

[FR Doc. 2010–10405 Filed 5–4–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2010–0218; FRL–9135–3] 

Revisions to the California State 

Implementation Plan, Placer County 

Air Pollution Control District, 

Sacramento Metropolitan Air Quality 

Management District, San Joaquin 

Valley Unified Air Pollution Control 

District, and South Coast 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), Sacramento Metropolitan 

Air Quality Management District 

(SMAQMD), San Joaquin Valley Unified 

Air Pollution Control District 

(SJVUAPCD), and South Coast Air 

Quality Management District 

(SCAQMD) portions of the California 

State Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from 

petroleum facilities, chemical plants, 

and facilities which use organic 

solvents. We are approving 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 July 6, 

2010 without further notice, unless EPA 

receives adverse comments by June 4, 

2010. 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–2010–0218], by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow 

the on-line instructions. 

2. E-mail: 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 e-mail. 

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 e-mail 

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: The index to the docket for 

this action 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: 

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 

rules or 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 Adopted/ 

amended Submitted 

PCAPCD .................................. 216 Organic Solvent Cleaning and Degreasing Operations ............ 12/11/03 07/18/08 

SMAQMD ................................. 466 Solvent Cleaning ....................................................................... 05/23/02 09/15/09 

SJVUAPCD .............................. 4661 Organic Solvents ....................................................................... 09/20/07 03/07/08 

SCAQMD ................................. 1173 Control of Volatile Organic Compound Leaks and Releases 

from Components at Petroleum Facilities and Chemical 

Plants.

02/06/09 01/10/10 

On January 21, 2010, EPA determined 

that the submittal for SMAQMD Rule 

466 met the completeness criteria in 40 

CFR Part 51 Appendix V, which must be 

met before formal EPA review. On April 

17, 2008, EPA determined that the 

submittal for SJVUAPCD Rule 4661 met 

the completeness criteria. On February 

4, 2010, EPA determined that the 

submittal for SCAQMD Rule 1173 met 

the completeness criteria. The July 18, 

2008 submittal for PCAPCD Rule 216 

became complete by operation of law on 

January 18, 2009. 

B. Are there other versions of these 

rules? 

There are no previous versions of 

SMAQMD Rule 466 in the SIP. We 

approved earlier versions of PCAPCD 

Rule 216, SJVUAPCD Rule 4661, and 

SCAQMD Rule 1173 into the SIP on 

April 30, 1996 (61 FR 18962), July 27, 

2002 (67 FR 47701), and August 25, 


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Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations 24407 

1994 (59 FR 43751). SCAQMD adopted 

earlier versions of Rule 1173 on 

December 6, 2002 and June 1, 2007, and 

CARB submitted them to us on 

December 29, 2006 and April 6, 2009. 

The PCAPCD, SJVUAPCD, and 

SCAQMD adopted revisions to the SIPapproved versions on December 11, 

2003, September 20, 2007, and February 

6, 2009 and CARB submitted them to us 

on July 18, 2008, March 7, 2008, and 

January 10, 2010. 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 or 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 

VOC emissions from petroleum 

facilities, chemical plants, and solvent 

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

existing requirements (see sections 

110(l) and 193). The PCAPCD, 

SMAQMD, SJVUAPCD, and SCAQMD 

regulate ozone nonattainment areas (see 

40 CFR part 81), so Rule 466, Rule 4661, 

and Rule 1173 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 

Emissions from Solvent Metal 

Cleaning,’’ EPA–450/2–77–022, 

November 1977. 

4. ‘‘Control Techniques Guidelines for 

Industrial Cleaning Solvents,’’ EPA–453/ 

R–06–001, September 2006. 

5. ‘‘Organic Solvent Cleaning and 

Degreasing Operations,’’ CARB, July 18, 

1991. 

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. 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 June 4, 2010, 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 July 6, 2010. 

This will incorporate the 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, 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. 


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24408 Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations 

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 July 6, 2010. 

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: March 18, 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 52.220 is amended by 

adding paragraphs (c)(354)(i)(E)(13) and 

(359)(i)(C)(2) and (377)(i)(A)(2) and 

(378) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(354) * * * 

(i) * * * 

(E) * * * 

(13) Rule 4661, ‘‘Organic Solvents,’’ 

amended on September 20, 2007. 

* * * * * 

(359) * * * 

(i) * * * 

(C) * * * 

(2) Rule 216, ‘‘Organic Solvent 

Cleaning and Degreasing Operations,’’ 

amended on December 11, 2003. 

* * * * * 

(377) * * * 

(i) * * * 

(A) * * * 

(2) Rule 466, ‘‘Solvent Cleaning,’’ 

adopted on May 23, 2002. 

(378) New and amended regulations 

were submitted on January 10, 2010 by 

the Governor’s designee. 

(i) Incorporation by Reference. 

(A) South Coast Air Quality 

Management District. 

(1) Rule 1173, ‘‘Control of Volatile 

Organic Compound Leaks and Releases 

from Components at Petroleum 

Facilities and Chemical Plants,’’ 

amended on February 6, 2009. 

* * * * * 

[FR Doc. 2010–10402 Filed 5–4–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0960; FRL–9137–8] 

Revisions to the California State 

Implementation Plan, 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 San Joaquin Valley 

Unified Air Pollution Control District 

(SJVAPCD) portion of the California 

State Implementation Plan (SIP). These 

revisions were proposed in the Federal 

Register on January 22, 2010 and 

concern oxides of nitrogen (NOx) 

emissions from residential water 

heaters. We are approving a local rule 

that regulates this emission source 

under the Clean Air Act as amended in 

1990 (CAA or the Act). 

DATES: Effective Date: This rule is 

effective on June 4, 2010. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2009–0960 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: 

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. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On January 22, 2010 (75 FR 3680), 

EPA proposed to approve the following 

rule into the California SIP. 

Local agency Rule # Rule title Adopted Submitted 

SJVAPCD ................................ 4902 Residential Water Heaters ........................................................ 3/19/09 4/29/09 

We proposed to approve this rule 

because we determined that it complied 

with the relevant CAA requirements. 

Our proposed action contains more 

information on the rule and our 

evaluation. 

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 that the 

submitted rule complies with the 

relevant CAA requirements. Therefore, 

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

Act, EPA is fully approving this rule 

into the California SIP. 


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