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Federal Register/Vol. 76, No. 174/Thursday, September 8, 2011/Rules and Regulations

EPA APPROVED GEORGIA REGULATIONS-Continued

State citation Title/subject State effec- EPA approval Explanation tive date date

391-3-1-.02(7) .. Prevention of 12/29/2010 9/8/2011, [Insert Georgia's PSD Rule 391-3-1-.02(7) incorporates by reference the

Significant De- citation of pub- regulations found at 40 CFR 52.21 as of June 3, 2010, with

terioration of lication]. changes. This EPA action is approving the incorporation by refAir Quality erence with the exception of the following provisions: (1) the provi-

(PSD). sions amended in the Ethanol Rule (72 FR 24060) which exclude

facilities that produce ethanol through a natural fermentation process from the definition of "chemical process plants" in the major

NSR source permitting program found at 40 CFR 52.21(b)(1)(i)(a)

and (b)(1(iii)(t); and 2) the administrative regulations amended in

the Fugitive Emissions Rule (73 FR 77882). Additionally, this EPA

action is not approving the "automatic rescission clause" provision

at 391-3-1-.02(7)(a)2.(iv).

This rule contains NOx as a precursor to ozone for PSD and NSR.

* 3. Section 52.5 72 is revised to read as

follows:

§52.572 Approval Status.

With the exceptions set forth in this

subpart, the Administrator approves

Georgia's plans for the attainment and

maintenance of the national standards

under section 110 of the Clean Air Act.

Furthermore, the Administrator finds

the plans satisfy all requirements of Part

D, Title I, of the Clean Air Act as

amended in 1977.

[FR Doe. 2011-22666 Filed 9-7-11; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[EPA-HQ-OAR-2011-0747; FRL-9460-4]

Findings of Failure To Submit a

Complete State Implementation Plan

for Section 110(a) Pertaining to the

2006 Fine Particulate Matter (PM 2. 5 )

NAAQS

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA is making a finding

that certain states, the District of

Columbia, and the Commonwealth of

Puerto Rico have not submitted a

complete State Implementation Plan

(SIP) that addresses basic program

elements of the Clean Air Act (CAA or

Act) necessary to implement, maintain,

and enforce the 2006 24-hour Fine

Particulate Matter (PM 2.5 ) National

Ambient Air Quality Standards

(NAAQS). The EPA refers to these SIP

submissions as "infrastructure" SIPs,

because they address basic structural

requirements specified in section

110(a)(1) and (2) that states must

establish that they meet following the

promulgation of a new or revised

NAAQS. Specifically, the EPA is

evaluating whether these states, the

District of Columbia, and the

Commonwealth of Puerto Rico made

complete infrastructure SIP submissions

to address the applicable requirements

of section 110(a)(2)(A) through (M)

necessary to implement the 2006 PM 2.5

NAAQS, with the exception of section

110(a)(2)(I), portions of section

110(a)(2)(C) pertaining to nonattainment

area requirements and section

110(a)(2)(D)(i)(I). By this action, the EPA

is identifying those states, the District of

Columbia, and the Commonwealth of

Puerto Rico that have failed to make a

complete submission for some or all of

these specific requirements. The finding

of failure to submit for some or all of

these specific elements establishes a 24-

month deadline for the EPA to

promulgate a Federal Implementation

Plan (FIP) to address each state's

outstanding infrastructure SIP elements

unless, prior to that time, the state

submits, and the EPA approves, a

submission that meets the required

elements, or unless the state is already

subject to an existing FIP that addresses

the SIP deficiency.

DATES: The effective date of this rule is

October 11, 2011.

FOR FURTHER INFORMATION CONTACT:

David Sanders, Office of Air Quality

Planning and Standards, Air Quality

Policy Division, Mail Code C539-01,

Research Triangle Park, NC 27709;

telephone (919) 541-3356; fax number

(919) 541-0824; email address:

sanders. dave@epa.gov.

SUPPLEMENTARY INFORMATION: Section

553 of the Administrative Procedures

Act, 5 U.S.C. 553(b)(B), provides that,

when an agency for good cause finds

that notice and public procedure are

impracticable, unnecessary or contrary

to the public interest, the agency may

issue a rule without providing notice

and an opportunity for public comment.

The EPA has determined that there is

good cause for making this rule final

without prior proposal and opportunity

for comment because no significant EPA

judgment is involved in making a

finding of failure to submit SIPs, or

elements of SIPs, required by the CAA,

where states have made no submissions,

or incomplete submissions, to meet the

requirement by the statutory date. Thus,

notice and public procedure are

unnecessary. The EPA finds that this

constitutes good cause under 5 U.S.C.

553(b) (B).

For questions related to a specific

state, the District of Columbia, and the

Commonwealth of Puerto Rico, please

contact the appropriate regional office

below.

Regional offices States

Region II-Raymond Werner, Chief, Air Programs Branch, EPA Region II, 290 Broadway, 25th Floor, New York, Puerto Rico.

NY 10007-1866.

55577

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Regional offices States

Region III-Cristina Fernandez, Branch Chief, Air Quality Planning Branch, EPA Region III, 1650 Arch Street, District of Columbia.

Philadelphia, PA 19103-2187.

Region VII-Joshua A. Tapp, Chief, Air Programs Branch, EPA Region VII, 901 North 5th Street, Kansas City, KS Iowa.

66101-2907.

Region VIII-Monica Morales, Air Quality Planning Unit Manager, EPA Region VIII Air Program, 1595 Wynkoop St. Montana.

(8P-AR), Denver, CO 80202-1129.

Region IX-Lisa Hanf, Air Planning Office, EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105 ........... Arizona and Hawaii.

Region X-Robert Elleman, Manager, State and Tribal Air Programs, EPA Region X, Office of Air, Waste, and Alaska and Washington.

Toxics, Mail Code OAQ-1 07, 1200 Sixth Avenue, Seattle, WA 98101.

Table of Contents

I. Background

II. This Action

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory

Planning and Review and Executive

Order 13563: Improving Regulation and

Regulatory Review

B. Paperwork Reduction Act

C. Regulatory Flexibility Act

D. Unfunded Mandates Reform Act of 1995

E. Executive Order 13132: Federalism

F. Executive Order 13175: Consultation

and Coordination With Indian Tribal

Governments

G. Executive Order 13045: Protection of

Children From Environmental Health

and Safety Risks

H. Executive Order 13211: Actions That

Significantly Affect Energy Supply,

Distribution, or Use

I. Executive Order 12898: Federal Actions

To Address Environmental Justice in

Minority Populations and Low-Income

Populations

J. National Technology Transfer and

Advancement Act

K. Congressional Review Act

L. Judicial Review

I. Background

On September 21, 2006, the EPA

promulgated a final rule revising the

existing 1997 24-hour NAAQS for PM 2.5

from 65 micrograms per cubic meter

(pg/m 3

) to 35 pg/m 3

. In that action, the

EPA set the revised 2006 24-hour PM 2.

5

primary standard at 35 pg/m 3.

CAA section 110(a) requires states to

submit SIPs that provide for the

implementation, maintenance, and

enforcement of a new or revised

NAAQS within 3 years following the

promulgation of such NAAQS, or within

such shorter period as the EPA may

prescribe. These SIPs were due on

September 21, 2009. The EPA refers to

these specific submissions as

"infrastructure" SIPs because they are

intended to address basic structural

requirements for SIPs for a new or

revised NAAQS. Section 110(a) imposes

the obligation upon states to make a SIP

submission to the EPA for a new or

revised NAAQS, but the contents of that

submission may vary depending upon

the facts and circumstances. In

particular, the data and analytical tools

available at the time the state develops

and submits the SIP for a new or revised

NAAQS necessarily affects the content

of the submission. The contents of such

SIP submissions may also vary

depending upon what provisions the

state's existing SIP already contains.

Section 110(a)(2) lists specific

elements that states must meet, as

applicable, in the general infrastructure

SIP submissions. The requirements

include basic SIP infrastructure

elements such as SIP provisions to

provide for monitoring, enforcement,

and general legal authority, which are

designed to assure attainment and

maintenance of the NAAQS. In the case

of section 110(a)(2)(D)(i), the provisions

are intended to assure that the SIP of the

state in question contains provisions

necessary to prevent certain prohibited

impacts on air quality in other states. In

a September 25, 2009, memorandum

titled "Guidance on SIP Elements

Required Under Section 110(a)(1) and

(2) for the 2006 24-Hour Fine Particle

(PM2.5) National Ambient Air Quality

Standards (NAAQS)," the EPA

identified the requirements that are the

subject of this action, as applicable, and

provided additional recommendations

concerning the requirements. Most

states submitted SIPs addressing section

110(a)(2). For various reasons, some of

the submissions did not address all

infrastructure SIP elements.

Two elements identified in section

110(a)(2) are not governed by the 3-year

submission deadline of section 110(a)(1)

because SIPs incorporating necessary

local nonattainment area controls are

not due within 3 years after

promulgation of a new or revised

NAAQS, but rather are due at the time

the nonattainment area plan

requirements are due pursuant to

section 172. These requirements are:

(1) submissions required by section

110(a)(2)(C) to the extent that subsection

refers to a permit program as required in

part D Title I of the CAA; and (2)

submissions required by section

110(a)(2)(I) which pertain to the

nonattainment planning requirements of

part D, Title I of the CAA. Therefore,

this action does not cover these specific

section 110(a)(2) elements. However,

this action does pertain to the

requirements in section

110(a)(2)(D)(i)(II) for prevention of

significant deterioration (PSD). On June

9, 2010, in a separate final rulemaking

(75 FR 32763), the EPA found that 29

states and territories had not made a SIP

submittal that addressed the section

110(a)(2)(D)(i)(I) requirements related to

interstate transport.'

On January 12, 2011, WildEarth

Guardians and Sierra Club filed a

complaint against the EPA alleging that

the agency had failed to take final action

on infrastructure SIPs submitted by

some states for the 2006 PM 2.5 NAAQS

and that the agency had failed to make

findings of failure to submit for other

states that had failed to make such

infrastructure SIP submissions.

II. This Action

This action reflects the EPA's

determinations with respect to the

section 110(a)(2) requirements for the

2006 24-hour PM 2.5 NAAQS only. These

are based upon the failure of states to

submit infrastructure SIPs to address the

requisite requirements, or failure to

certify that they have already met the

requisite requirements, or both. For

those states that have not yet made a

submittal and for those states that made

a submittal that was not complete with

respect to each element of section

110(a)(2), as applicable, the EPA is

making a finding of failure to submit a

complete SIP.

For those states that did not make any

submittal, except as noted above with

respect to the June 9, 2010, finding, the

EPA is making a finding of failure to

submit a complete SIP with respect to

all of the section 110(a)(2) SIP elements.

In the same manner, for those states that

did not make a submittal that addressed

all of the section 110(a)(2) elements, as

applicable, the EPA is making a finding

of failure to submit only with respect to

those specific elements for which the

1 That notice included, among others, the states

of Alaska, Iowa, Montana, and the District of

Columbia and the Commonwealth of Puerto Rico,

some of which are also subject of this action. We

are not superseding or otherwise affecting that

limited finding with respect to those states which

the finding remains in effect.

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state did not make a complete

submission. These findings establish a

24-month deadline for the promulgation

by the EPA of a FIP, in accordance with

section 110(c)(1), unless prior to that

time the state submits, and EPA

approves, a submission from the state to

address the elements for which the

finding of failure to submit applies.

These findings of failure to submit do

not impose sanctions, and do not set

deadlines for imposing sanctions as

described in section 179, because these

findings do not pertain to the elements

of a Title I part D plan for

nonattainment areas as required under

section 110(a)(2)(I), and because this

action is not a SIP call pursuant to

section 110(k)(5). The EPA will work

with these states and provide assistance

as necessary to help them develop

approvable submittals in a timely

manner.

This action will be effective on

October 11, 2011.

Findings of Failure To Submit for States

That Failed To Make an Infrastructure

SIP Submittal in Whole or in Part for the

2006 24 Hour PM2.

5 NAAQS

Region II

Puerto Rico failed to submit a SIP to

satisfy the requirements of section

110(a)(2)(A)-(C), (D)(i)(II) (PSD prong

only), (E)-(H) and (J)-(M).

Region III

District of Columbia failed to submit

a SIP to satisfy the requirements of

section 110(a)(2)(D)(i)(II) (PSD prong

only). Regarding this finding, section

110(a)(2)(D)(i)(II) (PSD prong only) is

already addressed for the District of

Columbia through an existing FIP that

remains in place. Therefore, this action

will not trigger any additional FIP

obligation with respect to these

requirements.

Region VII

Iowa failed to submit a SIP to satisfy

the requirements of section

110(a)(2)(A)-(C), (D)(i)(II) (PSD prong

only), (E)-(H) and (J)-(M).

Region VIII

Montana failed to submit for section

110(a)(2)(D)(i)(II) (PSD prong only).

Region IX

Arizona failed to submit for section

110(a) (2) (G).

Hawaii failed to submit for section

110(a)(2)(A)-(C), (D)(i)(II) (PSD prong

only), (E)-(H) and (J)-(M).

Region X

Alaska failed to submit for section

110(a)(2)(A)-(C), (E)-(H) and (J)-(M).

Washington failed to submit for

section 110(a)(2)(A)-(C), (D)(i)(II) (PSD

prong only), (E)-(H) and (J)-(M).

III. Statutory and Executive Order

Reviews

A. Executive Order 12866: Regulatory

Planning and Review and Executive

Order 13563: Improving Regulation and

Regulatory Review

This action is not a "significant

regulatory action" under the terms of

Executive Order 12866 (58 FR 51735,

October 4, 1993) and is therefore not

subject to review under Executive

Orders 12866 and 13563 (76 FR 3821,

January 21, 2011).

B. Paperwork Reduction Act

This action does not impose an

information collection burden. This rule

relates to the requirement in the CAA

for states to submit SIPs under section

110(a) to satisfy certain infrastructure

and general authority-related elements

required under section 110(a)(2) of the

CAA for the 2006 PM 2.5 NAAQS.

Section 110(a)(1) of the CAA requires

that states submit SIPs that implement,

maintain, and enforce a new or revised

NAAQS which satisfies the

requirements of section 110(a)(2) within

3 years of promulgation of such

standard, or shorter period as the EPA

may provide. The final rule does not

establish any new information

collection requirement apart from that

already required by law. The OMB

control numbers for the EPA's

regulations in the CFR are listed in 40

CFR Part 9.

C. Regulatory Flexibility Act (RFA)

The Regulatory Flexibility Act (RFA)

generally requires an agency to prepare

a regulatory flexibility analysis of any

action subject to notice and comment

rulemaking requirements under the

Administrative Procedures Act or any

other statute unless the agency certifies

that the action will not have a

significant economic impact on a

substantial number of small entities.

Small entities include small businesses,

small organizations, and small

governmental jurisdictions.

For the purpose of assessing the

impacts of this final action on small

entities, small entity is defined as: (1) A

small business that is a small industry

entity as defined in the U.S. Small

Business Administration size standards

(See 13 CFR 121); (2) a small

governmental jurisdiction that is a

government of a city, county, town,

school district or special district with a

population of less than 50,000; and (3)

a small organization that is any not-forprofit enterprise which independently

owned and operated is not dominate in

its field.

After considering the economic

impacts of this final action on small

entities, I certify that this action will not

have a significant economic impact on

a substantial number of small entities.

This action relates to the requirement in

the CAA for states to submit SIPs under

section 110(a) to satisfy certain

infrastructure and general authorityrelated elements required under section

110(a)(2) of the CAA for the 2006 PM2.5

NAAQS. Section 110(a)(1) of the CAA

requires that states submit SIPs that

implement, maintain, and enforce a new

or revised NAAQS which satisfies the

requirements of section 110(a)(2) within

3 years of promulgation of such

standard, or shorter period as the EPA

may provide.

D. Unfunded Mandates Reform Act of

1995 (UMRA)

This action contains no federal

mandate under the provisions of Title II

of the Unfunded Mandates Reform Act

of 1995, 2 U.S.C. 1531-1538 for state,

local, and tribal governments and the

private sector. The action does not

impose any new enforceable duty on

any state, local or private sector.

Therefore, this action is not subject to

the requirements of section 202 and 205

of the UMRA.

This action is also not subject to the

requirements of section 203 of UMRA

because it contains no regulatory

requirements that might significantly or

uniquely affect small governments. This

action relates to the requirement in the

CAA for states to submit SIPs under

section 110(a) to satisfy certain

infrastructure and general authorityrelated elements required under section

110(a)(2) of the CAA for the 2006 PM2.5

NAAQS. Section 110(a)(1) of the CAA

requires that states submit SIPs that

implement, maintain, and enforce a new

or revised NAAQS which satisfies the

requirements of section 110(a)(2) within

3 years of promulgation of such

standard, or shorter period as the EPA

may provide.

E. Executive Order 13132: Federalism

This action does not have federalism

implications. It will not have 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. The CAA

establishes the scheme whereby states

take the lead in developing plans to

meet the NAAQS. This action will not

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55580 Federal Register/Vol. 76, No. 174/Thursday, September 8, 2011/Rules and Regulations

modify the relationship of the states and

the EPA for purposes of developing

programs to implement the NAAQS.

Thus, Executive Order 13132 does not

apply to this action.

F. Executive Order 13175: Consultation

and Coordination With Indian Tribal

Governments

This action does not have tribal

implications, as specified in Executive

Order 13175 (65 FR 67249). It does not

have a substantial direct effect on one or

more Indian Tribes, because no Tribe

has implemented an air quality

management program related to the

2006 PM 2.

5 NAAQS. Furthermore, this

action does not affect the relationship or

distribution of power and

responsibilities between the federal

government and Indian Tribes. The

CAA and the Tribal Air Rule establish

the relationship of the federal

government and Tribes in developing

plans to attain the NAAQS, and this rule

does nothing to modify that

relationship. Thus, Executive Order

13175 does not apply to this action.

G. Executive Order 13045: Protection of

Children From Environmental Health

and Safety Risks

The EPA interprets Executive Order

13045 (62 FR 19885, April 23, 1997) as

applying only to those regulatory

actions that concern health or safety

risks, such that the analysis required

under section 5-501 of the Executive

Order has the potential to influence the

regulation. This action is not subject to

Executive Order 13045 because it is

making findings concerning whether or

not each state has submitted a complete

SIP that provides the basic program

elements specified in CAA section

110(a)(2) necessary to implement the

2006 PM 2.5 NAAQS. The findings of

failure to submit for all or a portion of

states' SIP establish a 24-month

deadline for the EPA to promulgate FIPs

to address the outstanding SIP elements

unless, prior to that time, the affected

states submit, and the EPA approves,

the required SIPs.

H. Executive Order 13211: Actions That

Significantly Affect Energy Supply,

Distribution, or Use

This action is not a "significant

energy action" as defined in Executive

Order 13211 (66 FR 28355, May 22,

2001), because it is not likely to have a

significant adverse effect on the supply,

distribution, or use of energy. At the

time of proposal of the implementation

rule for the 1997 PM 2.

5 standard,

information on the methodology and

data regarding the assessment of

potential energy impacts regarding

implementation of the 2006 PM 2.

5

standard was not addressed because the

PM 2.

5 NAAQS is not a significant energy

action. This is based on the fact that no

impacts are specifically ascribed to the

standard only. Potential energy impacts

are ascribed during the implementation

phase by the states. An energy impact

analysis, as part of a regulatory impact

analysis or other assessment for the

PM 2.

5 NAAQS rule, was prepared by the

Office of Air Quality Planning and

Standards, Research Triangle Park, NC,

April 24, 2003. [October 17, 2006 (71 FR

60853)]

L National Technology Transfer and

Advancement Act

Section 12(d) of the National

Technology Transfer Advancement Act

of 1995 (NTTAA), Public Law 104-113,

section 12(d) (15 U.S.C. 272 note)

directs the EPA to use voluntary

consensus standards (VCS) in its

regulatory activities unless to do so

would be inconsistent with applicable

law or otherwise impracticable. VCS are

technical standards (e.g., materials

specifications, test methods, sampling

procedures, and business practices) that

are developed or adopted by VCS

bodies. The NTTAA directs the EPA to

provide Congress, through OMB,

explanations when the agency decides

not to use available and applicable VCS.

This action does not involve technical

standards. Therefore, the EPA did not

consider the use of any VCS.

J. Executive Order 12898: Federal

Actions To Address Environmental

Justice in Minority Populations and

Low-Income Populations

Executive Order 12898 (59 FR 7629

(Feb. 16, 1994)) establishes federal

executive policy on environmental

justice. Its main provision directs

federal agencies, to the greatest extent

practicable and permitted by law, to

make environmental justice part of their

mission by identifying and addressing,

as appropriate, disproportionately high

and adverse human health or

environmental effects of their programs,

policies, and activities on minority

populations and low-income

populations in the United States.

The EPA has determined that this

final action will not have

disproportionately high and adverse

human health or environmental effects

on minority or low-income populations

because it does not directly affect the

level of protection provided to human

health or the environment. This notice

is making a finding concerning whether

each state has submitted or failed to

submit a complete SIP that provides the

basic program elements of section

110(a)(2) necessary to implement the

2006 PM 2.

5 NAAQS.

K. Congressional Review Act

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. The 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 action 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). This action will be effective

October 11, 2011.

L. Judicial Review

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 District of

Columbia Circuit Court within 60 days

from the date the final action is

published in the Federal Register.

Filing a petition for review by the

Administrator of this final action 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 must be

final, and shall not postpone the

effectiveness of such action.

Thus, any petitions for review of this

action related to findings of failure to

submit related to the requirements of

section 110(a) to satisfy certain elements

required under section 110(a)(2) of the

CAA for the 2006 PM 2.5 NAAQS must be

filed in the Court of Appeals for the

District of Columbia Circuit within 60

days from the date final action is

published in the Federal Register.

List of Subjects in 40 CFR Part 52

Approval and promulgation of

implementation plans, Environmental

protection, Administrative practice and

procedures, Air pollution control,

Incorporation by reference,

Intergovernmental relations, and

Reporting and recordkeeping

requirements.

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Dated: August 31, 2011.

Gina McCarthy,

Assistant Administrator, Office of Air and

Radiation.

[FR Doe. 2011-22838 Filed 9-7-11; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0594; FRL-9456-6]

Revision to the California State

Implementation Plan; Yolo-Solano 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 YoloSolano Air Quality Management District

portion of the California State

Implementation Plan (SIP). This

revision concerns volatile organic

compound (VOC) emissions from

expandable polystyrene product

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

November 7, 2011 without further

notice, unless EPA receives adverse

comments by October 11, 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-2011-0594, 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 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.

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. EPA Recommendations to Further

Improve the Rule

D. Public Comment and Final Action

I1. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

We are approving Yolo-Solano Air

Quality Management District

(YSAQMD) Rule 2.41, adopted on

September 10, 2008, and submitted by

the California Air Resources Board

(CARB) on December 23, 2008. On April

20, 2009, EPA determined that the

submittal for Rule 2.41 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?

There is no previous version of this

rule in the SIP, and no previous

versions have been submitted.

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 2.41 was designed to

control VOC emissions from the

manufacturing of expandable

polystyrene products. The rule requires

all products to be manufactured with

either low-pentane or mid-pentane

beads. Manufacturing emissions must be

controlled by an emissions control

system with a capture efficiency of at

least 90% and a destruction efficiency

of at least 95%. 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() 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 YSAQMD

regulates an ozone nonattainment area

(see 40 CFR part 81), so Rule 2.41 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).

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