41894 Federal Register / Vol. 72, No. 147 / Wednesday, August 1, 2007 / Rules and Regulations 

EPA-APPROVED REGULATIONS IN THE MARYLAND SIP—Continued 

Code of Maryland administrative regulations (COMAR) 

citation 

Title/subject State effective 

date EPA approval date Additional explanation/citation at 40 CFR 52.1100 

* * * * * * * 

26.11.10 Control of Iron and Steel Production Installations 

* * * * * * * 

26.11.10.03 ......................... Visible Emissions ............... 11/24/03 08/01/07 [Insert page number where the document 

begins].

Revised paragraph 26.11.10.03A(2). 

* * * * * * * 

* * * * * 

[FR Doc. E7–14773 Filed 7–31–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2007–0462; FRL–8442–4] 

Revisions to the California State 

Implementation Plan, Sacramento 

Metropolitan Air Quality Management 

District and San Joaquin Valley Air 

Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Sacramento Metropolitan Air Quality 

Management District (SMAQMD) and 

San Joaquin Valley Air Pollution 

Control District (SJVAPCD) portions of 

the California State Implementation 

Plan (SIP). These revisions concern 

oxides of nitrogen (NOX) emissions from 

boilers, process heaters, steam 

generators, and glass melting furnaces. 

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 October 

1, 2007 without further notice, unless 

EPA receives adverse comments by 

August 31, 2007. 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–2007–0462, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

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 the 

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 

e-mail 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. 

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: 

Francisco Do ́n ̃ ez, EPA Region IX, (415) 

972–3956, Donez.Francisco@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 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 addressed by 

this proposal with the dates that they 

were adopted by local air agencies and 

submitted by the California Air 

Resources Board (CARB). 

TABLE 1.—SUBMITTED RULES

Local agency Rule No. Rule title Adopted Submitted 

SMAQMD .... 411 NOX from Boilers, Process Heaters and Steam Generators ........................................ 10/27/05 06/16/06 

SJVAPCD .... 4354 Glass Melting Furnaces ................................................................................................. 08/17/06 12/29/06 


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Federal Register / Vol. 72, No. 147 / Wednesday, August 1, 2007 / Rules and Regulations 41895 

On July 21, 2006, the submittal of 

SMAQMD Rule 411 was found to meet 

the completeness criteria in 40 CFR Part 

51, Appendix V, which must be met 

before formal EPA review. The 

submittal of SJVAPCD Rule 4354 was 

found to meet the completeness criteria 

on February 13, 2007. 

B. Are there other versions of these 

rules? 

We approved a version of Rule 411 

into the SIP on February 9, 1996 (61 FR 

4887). The SMAQMD adopted revisions 

to the SIP-approved version on January 

9, 1997 and CARB submitted them to us 

on May 18, 1998. We approved a 

version of Rule 4354 into the SIP on 

December 6, 2002 (67 FR 72573). 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 

rule revisions? 

NOX helps produce ground-level 

ozone, smog and particulate matter, 

which harm human health and the 

environment. Section 110(a) of the CAA 

requires states to submit regulations that 

control NOX emissions. Rule 411 has 

been amended to apply to boilers, 

process heaters and steam generators 

with a rated heat input capacity of 1 

million Btu per hour or more. Several 

NOX limits in the rule have been 

lowered, and some requirements for 

exemption from the rule’s emission 

limits have been modified. Amended 

Rule 4354 now applies to glass melting 

furnaces located at stationary sources 

with the potential to emit at least 10 

tons per year of either NOX or VOC. 

EPA’s technical support documents 

(TSD) 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 182(f)), and must not relax 

existing requirements (see sections 

110(l) and 193). The SMAQMD and 

SJVAPCD both regulate ozone 

nonattainment areas (see 40 CFR part 

81), so Rule 411 and Rule 4354 must 

fulfill RACT. 

Guidance and policy documents that 

we used to help consistently evaluate 

enforceability and RACT requirements 

include the following: 

1. ‘‘State Implementation Plans; 

Nitrogen Oxides Supplement to the 

General Preamble; Clean Air Act 

Amendments of 1990 Implementation of 

Title I; Proposed Rule,’’ (the NOX

Supplement), 57 FR 55620, November 

25, 1992. 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988 (the 

Bluebook). 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

4. ‘‘Alternative Control Techniques 

Document—NOX Emissions from Glass 

Manufacturing,’’ EPA, EPA–453/R–94–

037, June 1994. 

5. ‘‘Alternative Control Techniques 

Document—NOX Emissions from 

Industrial/Commercial/Institutional 

Boilers,’’ EPA, EPA–453/R–94–022, 

March 1994. 

6. ‘‘Determination of Reasonably 

Available Control Technology and Best 

Available Retrofit Control Technology 

for Industrial, Institutional, and 

Commercial Boilers, Steam Generators, 

and Process Heaters,’’ California Air 

Resources Board, July 18, 1991. 

7. ‘‘Suggested Control Measure for the 

Control of Oxides of Nitrogen Emissions 

from Glass Melting Furnaces,’’

California Air Resources Board, 

September 5, 1980. 

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. Rule 411 has been 

strengthened by the lowered 

applicability threshold and NOX

emissions limits, and the exemptions 

from the rule have been appropriately 

limited. Rule 4354 has also been 

strengthened by the lowering of its 

applicability threshold. The TSDs have 

more information on our evaluation. 

C. EPA Recommendations To Further 

Improve the Rules 

The TSDs describe additional rule 

revisions that do not affect EPA’s 

current action but are recommended 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 August 31, 2007, 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 1, 

2007. This will incorporate these 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 Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 


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41896 Federal Register / Vol. 72, No. 147 / Wednesday, August 1, 2007 / Rules and Regulations 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it approves a state rule 

implementing a Federal standard. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

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 rule 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 October 1, 2007. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule 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. 

Dated: June 20, 2007. 

Jane Diamond, 

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. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(345)(i)(B)(1 ) and 

(347)(i)(A)(1 ) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(345) * * * 

(i) * * * 

(B) Sacramento Metropolitan Air 

Quality Management District. 

(1 ) Rule 411, adopted on October 27, 

2005. 

* * * * * 

(347) December 29, 2006 

(i) Incorporation by reference. 

(A) San Joaquin Valley Air Pollution 

Control District. 

(1 ) Rule 4354, adopted on August 17, 

2006. 

[FR Doc. E7–14586 Filed 7–31–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2006–0729; FRL–8439–2] 

Revisions To the Arizona State 

Implementation Plan, Pinal County Air 

Quality Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing a limited 

approval and limited disapproval of 

revisions to the Pinal County Air 

Quality Control District (PCAQCD) 

portion of the Arizona State 

Implementation Plan (SIP). This action 

was proposed in the Federal Register on 

October 17, 2006 and concerns 

particulate matter (PM–10) emissions 

from fugitive dust. Under authority of 

the Clean Air Act as amended in 1990 

(CAA or the Act), this action 

simultaneously approves local rules that 

regulate these emission sources and 

directs Arizona to correct rule 

deficiencies. 

DATES: Effective Date: This rule is 

effective on August 31, 2007. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2006–0729 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: 

Francisco Do ́n ̃ ez, EPA Region IX, (415) 

972–3956, Donez.Francisco@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

I. Proposed Action 

On October 17, 2006 (71 FR 60934), 

EPA proposed a limited approval and 

limited disapproval of the following 

rules that were submitted for 

incorporation into the Arizona SIP. 

Local agency Rule No. Rule title Adopted Submitted 

PCAQCD ...................................... 4–2–020 General [Fugitive Dust] ..................................................... 06/29/93 11/27/95 

PCAQCD ...................................... 4–2–030 Definitions [Fugitive Dust] ................................................. 06/29/93 11/27/95 

PCAQCD ...................................... 4–2–040 Standards [Fugitive Dust] ................................................. 06/29/93 11/27/95 


sroberts on PROD1PC70 with RULES