57862 Federal Register / Vol. 75, No. 184 / Thursday, September 23, 2010 / Rules and Regulations 

Cross-Reference: Assistance to certain 

disabled veterans in acquiring specially 

adapted housing. See §§ 36.4400 

through 36.4410 of this chapter. 

[FR Doc. 2010–23629 Filed 9–22–10; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0958; FRL–9204–3] 

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 

(SJVUAPCD) portion of the California 

State Implementation Plan (SIP). These 

revisions were proposed in the Federal 

Register on March 26, 2010 and concern 

volatile organic compound (VOC) 

emissions from refinery vacuum 

producing systems and process unit 

turnaround. 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 October 25, 2010. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2009–0958 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: 

Joanne Wells, EPA Region IX, (415) 

947–4118, wells.joanne@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 March 26, 2010 (75 FR 14545), 

EPA proposed to approve the following 

rules into the California SIP. 

Local agency Rule No. Rule title Amended Submitted 

SJVUAPCD ............................................................. 4453 Refinery Vacuum Producing Devices or Systems 12/17/92 08/24/07 

SJVUAPCD ............................................................. 4454 Refinery Process Unit Turnaround ........................ 12/17/92 08/24/07 

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 received no 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. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 184 / Thursday, September 23, 2010 / Rules and Regulations 57863 

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 November 22, 

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, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: July 7, 2010. 

Keith Takata, 

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. 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(52)(i)(D), 

(c)(52)(iv)(G) and (c)(52)(vii)(D), by 

revising paragraph (c)(71)(i)(A) and 

adding paragraph (c)(71)(i)(B), and by 

adding paragraphs (c)(75)(iv) and 

(c)(351)(i)(C)(3) and (4) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(52) * * * 

(i) * * * 

(D) Previously approved on August 

21, 1981 in paragraph (c)(52)(i)(A) of 

this section and now deleted without 

replacement within the San Joaquin 

Valley Unified Air Pollution Control 

District area, Rule 414.2. 

* * * * * 

(iv) * * * 

(G) Previously approved on May 7, 

1982 in paragraph (c)(52)(iv)(A) of this 

section and now deleted without 

replacement: Rule 414.2. 

* * * * * 

(vii) * * * 

(D) Previously approved on May 7, 

1982 in paragraph (c)(52)(vii)(A) of this 

section and now deleted without 

replacement: Rules 413.2 and 413.3. 

* * * * * 

(71) * * * 

(i) * * * 

(A) New or amended Rules 411 and 

414.3. 

(B) Previously approved on May 7, 

1982 in paragraph (c)(71)(i)(A) of this 

section and now deleted without 

replacement: Rule 414.3. 

* * * * * 

(75) * * * 

(iv) Previously approved on August 

21, 1981 in paragraph (c)(75)(i) of this 

section and now deleted without 

replacement within the San Joaquin 

Valley Unified Air Pollution Control 

District area, Rule 414.3. 

* * * * * 

(351) * * * 

(i) * * * 

(C) * * * 

(3) Rule 4453, ‘‘Refinery Vacuum 

Producing Devices or Systems,’’ adopted 

on May 21, 1992 and amended on 

December 17, 1992. 

(4) Rule 4454, ‘‘Refinery Process Unit 

Turnaround,’’ adopted on May 21, 1992 

and amended on December 17, 1992. 

* * * * * 

[FR Doc. 2010–23808 Filed 9–22–10; 8:45 am] 

BILLING CODE 6560–50–P 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1