24404 Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves the establishment of a safety 

zone established to protect the public 

from the dangers associated with 

dredging operations and therefore, is 

categorically excluded. 

An environmental analysis checklist 

and a categorical exclusion 

determination will be available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165–REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1 

■ 2. Add § 165.T09–0124 to read as 

follows: 

§ 165.T09–0124 Safety Zone; St. Louis 

River, Tallas Island, Duluth, MN 

(a) Location. The following area is a 

temporary safety zone: near Tallas 

Island on the St. Louis River to include 

all waters contained within the zone 

located at 46°42.30 N 092°11.56 W and 

then run northeast to position; 46°42.53 

N 092°11.30 W and then run northwest 

to position; 46°43.5 N 092°11.41 W and 

then run southwest to position; 46°42.37 

N 092°12.11 W and then running 

southeast back to the starting point 

(NAD 83). The safety zone’s boundary is 

approximately 3500 ft. by 1500 ft. on the 

long end, extending behind Tallas 

Island, and 3000 ft by 1500 ft on the 

short end, extending into open waters. 

(b) Effective Dates. This rule is 

effective from 12:01 a.m. May 1, 2010 

until 11:59 p.m. November 30, 2010. 

(c) Regulations. (1) In accordance with 

the general regulations in section 165.23 

of this part, entry into this zone is 

prohibited unless authorized by the 

Coast Guard Captain of the Port Duluth, 

or his designated on-scene 

representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Duluth or his designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port is any Coast 

Guard commissioned, warrant, or petty 

officer who has been designated by the 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. The Captain of the Port or his 

designated on-scene representative may 

be contacted via VHF Channel 16. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Duluth 

or his on-scene representative to obtain 

permission to do so. Vessel operators 

permitted to enter or operate in the 

safety zone must comply with the 

instructions given to them by the 

Captain of the Port Duluth or his onscene representative. 

Dated: April 5, 2010. 

M.P. Lebsack, 

Commander, U.S. Coast Guard, Captain of 

the Port Duluth. 

[FR Doc. 2010–10498 Filed 5–4–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0513; FRL–9136–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Volatile Organic Compound 

Automobile Refinishing Rules for 

Indiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving into the 

Indiana State Implementation Plan (SIP) 

amendments to Indiana’s automobile 

refinishing rule. These rule revisions 

extend the applicability of Indiana’s 

approved volatile organic compound 

(VOC) automobile refinishing rules to 

all persons in Indiana who sell or 

manufacture automobile refinishing 

coatings or who refinish motor vehicles. 

The rules are approvable because they 

are consistent with the Clean Air Act 

(Act) and EPA regulations, and should 

result in additional VOC emission 

reductions throughout Indiana. EPA 

proposed these rules for approval on 

January 14, 2010, and received one 

favorable comment. 

DATES: This final rule is effective on 

June 4, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Nos. EPA–R05–OAR–2009–0513. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(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 through 

http://www.regulations.gov or in hard 

copy at the Environmental Protection 

Agency, Region 5, Air and Radiation 

Division, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. This facility is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding 

Federal holidays. We recommend that 


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Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations 24405 

you telephone Steven Rosenthal, 

Environmental Engineer, at (312) 886– 

6052 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Steven Rosenthal, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6052. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What public comments were received on 

the proposed approval and what is EPA’s 

response? 

II. What action is EPA taking today and what 

is the purpose of this action? 

III. Statutory and Executive Order Reviews. 

I. What public comments were received 

on the proposed approval and what is 

EPA’s response? 

One comment in support of Indiana’s 

rule revision was received. 

II. What action is EPA taking today and 

what is the purpose of this action? 

EPA is approving rule revisions that 

broaden the coverage of Indiana’s VOC 

automobile refinishing SIP rules to 

include all persons in Indiana who sell 

or manufacture automobile refinishing 

coatings or who refinish motor vehicles. 

These rules had previously applied only 

in Clark, Floyd, Lake, Porter, and 

Vanderburgh Counties. Given the 

revised rule’s focus on VOC coating 

limitations and work practice standards, 

Indiana has also deleted references to 

control technology requirements. 

In EPA’s January 14, 2010, proposal 

(75 FR 2090), we present a detailed legal 

and technical analysis of the State’s 

submission. The reader is referred to 

that notice for additional background on 

the submission and the bases for EPA’s 

approval. 

III. Statutory and Executive Order 

Reviews 

Under the 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 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 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 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. 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, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: March 31, 2010. 

Walter W. Kovalick Jr., 

Acting Regional Administrator, Region 5. 

■ 40 CFR part 52 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 P—Indiana 

■ 2. Section 52.770 is amended by 

adding paragraph (c)(195) to read as 

follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

(195) On June 5, 2009, the Indiana 

Department of Environmental 

Management submitted amendments to 

Indiana’s automobile refinishing rule for 

approval into its state implementation 

plan (SIP). These rule revisions extend 

the applicability of Indiana’s approved 

volatile organic compound (VOC) 

automobile refinishing rules to all 

persons in Indiana who sell or 

manufacture automobile refinishing 

coatings or who refinish motor vehicles. 

(i) Incorporation by reference. 

(A) Indiana Administrative Code Title 

326: Air Pollution Control Board, 

Article 8: Volatile Organic Compound 

Rules, Rule 10: Automobile Refinishing, 

filed with the Publisher of the Indiana 

Register on March 27, 2009, and became 

effective on April 26, 2009. Published in 


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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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