Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 7703 

• Make sure to submit your 

comments by the identified comment 

period deadline. 

Dated: January 28, 2013. 

Alexis Strauss, 

Acting Regional Administrator, EPA Region 

9. 

[FR Doc. 2013–02394 Filed 2–1–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0728; FRL 9775–8] 

Revisions to the California State 

Implementation Plan, South Coast Air 

Quality Management District, Proposed 

Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a revision to the South Coast Air Quality 

Management District (SCAQMD) portion 

of the California State Implementation 

Plan (SIP). Under authority of the Clean 

Air Act as amended in 1990 (CAA or the 

Act), we are proposing to approve local 

rules that address volatile organic 

compound (VOC) emissions from 

municipal solid waste landfills and 

livestock waste. We are taking 

comments on this proposal and plan to 

follow with a final action. 

DATES: Any comments must arrive by 

March 6, 2013. 

ADDRESSES: Submit comments, 

identified by docket number, EPA–R09– 

OAR–2012–0728, 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. 

FOR FURTHER INFORMATION CONTACT: La 

Weeda Ward, Air Division, U.S. 

Environmental Protection Agency, 

Region 9, (213) 244–1812, email: 

ward.laweeda@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 and rule revision? 

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 

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 agency and 

submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULES

Local agency Rule # Rule title Adopted Submitted 

SCAQMD ..................................... 1150 .1 Control of Gaseous Emissions from Municipal Solid 

Waste Landfills.

04/01/11 09/27/11 

SCAQMD ..................................... 1127 Emissions Reductions from Livestock Waste ................. 08/06/04 10/05/06 

On October 24, 2011 and October 24, 

2006, EPA determined that the 

submittals for SCAQMD Rules 1150.1 

and 1127, respectively, 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 an earlier version of 

Rule 1150.1 into the SIP on July 1, 2002 

(67 FR 44062). SCAQMD adopted 

revisions to the SIP-approved version on 

April 1, 2011 and CARB submitted them 

to us on September 27, 2011. 

C. What is the purpose of the submitted 

rule and rule revision? 

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. EPA’s technical support 

documents (TSD) have more 

information about these rules. 

SCAQMD Rule 1150.1, ‘‘Control of 

Gaseous Emissions from Municipal 

Solid Waste Landfills,’’ is an amended 

rule that regulates landfill gas 

emissions. The submitted rule applies to 

both active and inactive municipal solid 

waste (MSW) landfills and defines an 

active MSW landfill as one that has 

received solid waste on or after 

November 8, 1987. 

The two previous versions of Rule 

1150.1 (April 10, 1998 and March 10, 

2000) focused on controlling VOC 

emissions, as well as toxic air 

contaminant (TAC) emissions. 

SCAQMD’s intent was to reduce the 

contribution of these pollutants to 

atmospheric ozone, avoid public 

nuisance complaints from odorous 

compounds, and prevent the detriment 

to public health caused by such 

emissions. 


sroberts on DSK5SPTVN1PROD with PROPOSALS
7704 Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 

Increased focus on controlling 

greenhouse gases (GHGs) led to the 

enactment by the California Legislature 

of Assembly Bill 32 (AB 32), the Global 

Warming Solutions Act of 2006. 

SCAQMD’s primary purpose for revising 

Rule 1150.1 is to incorporate provisions 

to achieve equivalency with an AB 32 

early action measure, the Landfill 

Methane Regulation (California Code of 

Regulations, Title 17, Sections 95460 to 

95476). We note that the revisions to 

Rule 1150.1 also enhance the regulation 

of VOCs by improving the rule’s overall 

enforceability through clarifications of 

standards for already-required controls 

and the streamlining of duplicative 

recordkeeping and reporting 

requirements. 

SCAQMD Rule 1127 was adopted on 

August 6, 2004. The purpose of the rule 

is to reduce emissions of ammonia, VOC 

and particulate matter under 10 microns 

(PM10) from dairies. Applicable 

operations include dairies, heifer, and 

calf farms within the SCAQMD’s 

jurisdiction. It also applies to manure 

processing operations, such as 

composting operations and anaerobic 

digesters. 

Rule 1127 was designed to implement 

the 2003 Air Quality Management Plan 

(AQMP) control measure, WST–01, and 

establish Best Available Control 

Measure (BACM) requirements for 

dairies pursuant to Senate Bill (SB) 700 

(Florez) signed by California governor 

Gray Davis on September 22, 2003. SB 

700 required applicable non-attainment 

areas to remove exemptions for certain 

agricultural operations from permitting 

requirements. EPA is evaluating the rule 

provisions for conformance with 

reasonable available control technology 

(RACT) requirements pursuant to Clean 

Air Act (CAA) Section 182(b)(2). 

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 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). SCAQMD regulates an 

ozone nonattainment area (see 40 CFR 

part 81), so Rules 1150.1 and 1127 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). 

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 revisions to Rule 

1150.1 strengthen the rule by improving 

enforceability and streamlining 

duplicative requirements. Rule 1127 

meets the RACT criteria by 

implementing control technology that is 

reasonably available, considering 

technological and economic feasibility. 

The TSDs have more information on our 

evaluation. 

C. EPA recommendations to further 

improve the rules. 

EPA has no recommendation to 

further improve Rule 1150.1. We do 

have recommendations to improve Rule 

1127 which are detailed in the TSD. 

D. Public Comment and Final Action. 

Because EPA believes the submitted 

rules fulfill all relevant requirements, 

we are proposing to fully approve them 

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

Act. We will accept comments from the 

public on this proposal for the next 30 

days. Unless we receive convincing new 

information during the comment period, 

we intend to publish a final approval 

action that will incorporate these rules 

into the federally enforceable SIP. 

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 (Public Law 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 April 5, 2013. 


sroberts on DSK5SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 7705 

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, Intergovernmental 

relations, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: January 23, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2013–02377 Filed 2–1–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R04–OAR–2012–0986; FRL–9775–5] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Georgia; Redesignation of 

the Atlanta; 1997 8-Hour Ozone 

Moderate Nonattainment Area to 

Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On April 4, 2012, the State of 

Georgia, through the Georgia 

Environmental Protection Division (GA 

EPD), submitted a request for EPA to 

redesignate the Atlanta, Georgia 8-hour 

ozone nonattainment area (hereafter 

referred to as the ‘‘Atlanta Area’’ or 

‘‘Area’’) to attainment for the 1997 8- 

hour National Ambient Air Quality 

Standards (NAAQS); and to approve a 

State Implementation Plan (SIP) 

revision containing a maintenance plan 

for the Area. The Atlanta Area consists 

of Barrow, Bartow, Carroll, Cherokee, 

Clayton, Cobb, Coweta, DeKalb, 

Douglas, Fayette, Forsyth, Fulton, 

Gwinnett, Hall, Henry, Newton, 

Paulding, Rockdale, Spalding and 

Walton Counties in their entireties. EPA 

is proposing to approve the 

redesignation request for the Area, along 

with the related SIP revision, including 

Georgia’s plan for maintaining 

attainment of the 1997 8-hour ozone 

standard in the Area. EPA is also 

proposing to approve the motor vehicle 

emission budgets (MVEBs) for nitrogen 

oxides (NOX) and volatile organic 

compounds (VOC) for the year 2024 for 

the Area. These actions are being 

proposed pursuant to the Clean Air Act 

(CAA or Act) and its implementing 

regulations. 

DATES: Comments must be received on 

or before March 6, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2012–0986, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4-RDS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2012–0986, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2012- 

0986. EPA’s policy is that all comments 

received 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 information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. 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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at the Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: Jane 

Spann or Sara Waterson of the 

Regulatory Development Section, in the 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Ms. 

Spann may be reached by phone at (404) 

562–9029, or via electronic mail at 

spann.jane@epa.gov. Ms. Waterson may 

be reached by phone at (404) 562–9061, 


sroberts on DSK5SPTVN1PROD with PROPOSALS