47074 Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Rules and Regulations 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart I—Delaware 

■ 2. In § 52.420, the table in paragraph 

(e) is amended by adding entries at the 

end of the table for Delaware’s section 

110(a)(2) Infrastructure Requirements 

for the 1997 8-Hour Ozone NAAQS, 

Section 110(a)(2) Infrastructure 

Requirements for the 1997 PM2.5

NAAQS, and Section 110(a)(2) 

Infrastructure Requirements for the 2006 

PM2.5 NAAQS. The amendments read as 

follows: 

§ 52.420 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP 

revision 

Applicable geographic 

or nonattainment area 

State submittal 

date EPA approval date Additional explanation 

*******

Section 110(a)(2) Infrastructure 

Requirements for the 1997 8- 

Hour Ozone NAAQS.

Statewide .................. 12/13/07 

9/19/08 

9/16/09 

8/4/11 [Insert Federal Register 

page number where the document begins] 

This action address the following CAA elements: 

110(a)(2)(A), (B), (C), (D)(ii), 

(E), (F), (G), (H), (J), (K), (L), 

and (M) or portions thereof. 

Section 110(a)(2) Infrastructure 

Requirements for the 1997 

PM2.5 NAAQS.

Statewide .................. 12/13/07 

3/12/08 

9/16/09 

3/10/10 

8/4/11 [Insert Federal Register 

page number where the document begins] 

This action addresses the following CAA elements: 

110(a)(2)(A), (B), (C), (D)(ii) 

(E), (F), (G), (H), (J), (K), (L), 

and (M) or portions thereof. 

Infrastructure Requirements for 

the 2006 PM2.5 NAAQS.

Statewide .................. 9/16/09 

3/10/10 

8/4/11 [Insert Federal Register 

page number where the document begins] 

This action addresses the following CAA elements: 

110(a)(2)(A), (B), (C), (D)(ii), 

(E), (F), (G), (H), (J), (K), (L), 

and (M), or portions thereof. 

[FR Doc. 2011–19694 Filed 8–3–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0462; FRL–9437–6] 

Revision to the California State 

Implementation Plan; South Coast Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the South 

Coast Air Quality Management District 

portion of the California State 

Implementation Plan (SIP). This 

revision concerns volatile organic 

compound (VOC) emissions from 

polymeric foam manufacturing 

operations. We are approving a local 

rule that regulates these emission 

sources under the Clean Air Act as 

amended in 1990 (CAA). 

DATES: This rule is effective on October 

3, 2011 without further notice, unless 

EPA receives adverse comments by 

September 6, 2011. 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–2011–0462, 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: Generally, documents in the 

docket for this action are 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 at 

http://www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps), 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: Mae 

Wang, EPA Region IX, (415) 947–4124, 

wang.mae@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rule did the State submit? 

B. Are there other versions of this rule? 

C. What is the purpose of the submitted 

rule? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 


rmajette on DSK89S0YB1PROD with RULES
Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Rules and Regulations 47075 

I. The State’s Submittal 

A. What rule did the State submit? 

We are approving South Coast Air 

Quality Management District 

(SCAQMD) Rule 1175, adopted on 

November 5, 2010, and submitted by the 

California Air Resources Board (CARB) 

on April 5, 2011. On May 6, 2011, EPA 

determined that the submittal for Rule 

1175 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 this rule? 

We approved an earlier version of 

Rule 1175 into the SIP on August 25, 

1994 (see 59 FR 43751). The SCAQMD 

adopted revisions to the SIP-approved 

version on September 7, 2007, and 

CARB submitted them to us on March 

7, 2008. We disapproved this version on 

May 10, 2010 (see 75 FR 25775). 

C. What is the purpose of the submitted 

rule? 

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. Rule 1175 was designed to 

control VOC emissions from the 

manufacturing, processing, and storage 

of polymeric foam products. The rule 

essentially prohibits the use of 

chlorofluorocarbons, VOC, and 

methylene chloride in polymeric 

cellular foam product operations except 

for expandable polystyrene molding and 

extrudable polystyrene foam operations. 

Expandable polystyrene molding and 

extrudable polystyrene foam operations 

are required to demonstrate that 

emissions do not exceed 2.4 pounds of 

VOC per 100 pounds of raw materials 

processed, or to install an approved 

emission control system. EPA’s 

technical support document (TSD) has 

more information about this rule. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rule? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

CAA), 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)), must not interfere 

with any applicable requirement 

concerning attainment and reasonable 

further progress or any other applicable 

requirement of the CAA (see section 

110(l) of the CAA), and must not 

modify, in a nonattainment area, any 

SIP-approved control requirement in 

effect before November 15, 1990 (see 

section 193 of the CAA). The SCAQMD 

regulates an ozone nonattainment area 

(see 40 CFR part 81), so Rule 1175 must 

fulfill RACT as well as CAA section 

110(l) requirements. 

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 VOC Emissions from 

Polystyrene Foam Manufacturing’’ 

(EPA–450/3–90–020, September 1990). 

B. Does the rule meet the evaluation 

criteria? 

We believe this rule is consistent with 

the relevant policy and guidance 

regarding enforceability, RACT, and 

CAA section 110(l). The SIP revision 

would not interfere with the on-going 

process for ensuring that requirements 

for reasonable further progress and 

attainment of the National Ambient Air 

Quality Standards are met, and the 

submitted SIP revision is at least as 

stringent as the rule previously 

approved into the SIP. 

The previous version of Rule 1175, 

amended on September 7, 2007, and 

submitted to EPA on March 7, 2008, was 

disapproved on May 10, 2010 (75 FR 

25775). As discussed in more detail in 

EPA’s TSD associated with that action, 

EPA disapproved the earlier version 

because it did not contain adequate 

provisions to ensure rule enforceability 

in the following areas: 

(1) For sources choosing to comply 

with the new option for expanded 

polystyrene block molding operations, 

the rule needed to require 

demonstration through source testing 

that the 93% collection and reduction of 

emissions is being achieved. 

(2) For sources choosing to comply 

with the new option for expanded 

polystyrene block molding operations, 

the rule needed to clarify and identify 

the operational techniques and 

parameters needed to achieve 93% 

control, and include those techniques 

and parameters in a federally 

enforceable permit. 

(3) For sources with an emission 

control system designed to meet the 

90% collection and 95% destruction 

requirements, the rule needed to clarify 

and identify the operational techniques 

and parameters needed for compliance 

and include those techniques and 

parameters in a federally enforceable 

permit. 

The currently submitted version, 

amended on November 5, 2010, 

contains added language to require that 

techniques and parameters related to 

operation of emission control systems 

be incorporated in a federally 

enforceable permit. Source testing 

requirements were also added. These 

revisions address the previously 

identified deficiencies. Additional rule 

revisions address recommendations to 

improve the clarity of the rule. We find 

that the currently submitted version of 

Rule 1175 fulfills the relevant criteria 

summarized earlier. 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 rule because we believe it 

fulfills 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 rule. If we receive adverse 

comments by September 6, 2011, 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 October 3, 

2011. This will incorporate the rule 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 CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. 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: 


rmajette on DSK89S0YB1PROD with RULES
47076 Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Rules and Regulations 

• 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 CAA; 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 3, 2011. 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: June 21, 2011. 

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 paragraph (c)(388)(i)(A)(3) to 

read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(388) * * * 

(i) * * * 

(A) * * * 

(3) Rule 1175, ‘‘Control of Emissions 

from the Manufacture of Polymeric 

Cellular (Foam) Products,’’ amended 

November 5, 2010. 

* * * * * 

[FR Doc. 2011–19390 Filed 8–3–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0429; FRL–9444–3] 

Revision 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 

a revision to the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) portion of the California 

State Implementation Plan (SIP). This 

revision was proposed in the Federal 

Register on June 8, 2011 and concerns 

volatile organic compound (VOC) 

emissions from brandy and wine aging 

operations. We are approving a local 

rule that regulates these emission 

sources under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: Effective Date: This rule is 

effective on September 6, 2011. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2011–0429 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

http://www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps, multivolume reports), and some may not be 

available in either location (e.g., 

confidential business information 

(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: 

Christine Vineyard, EPA Region IX, 

(415) 947–947–41225, 

vineyard.christine@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 


rmajette on DSK89S0YB1PROD with RULES