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Citation: 76 Fed. Reg. 55577 2011

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-- The search text of this PDF is generated from uncorrected OCR text.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 NOxas a precursor to ozone for PSD and NSR.

* 3. Section 52.572 is revised to read as follows:
§52.572 ApprovalStatus.

With the exceptions set forth in this subpart, the Administrator approves Georgia's plans for the attainment and maintenance ofthe national standards under section 110 ofthe Clean AirAct. Furthermore, the Administrator finds the plans satisfy allrequirements ofPart D, Title I, ofthe 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 Submita 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 ismaking 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 ofthe 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 ofa new or revised NAAQS. Specifically, the EPA is evaluating whether these states, the District ofColumbia, and the Commonwealth ofPuerto 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 ofsection 110(a)(2)(I), portions ofsection 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 thathave failed to make a complete submission for some or all of these specific requirements. The finding offailure 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 thisrule is October 11, 2011.

FOR FURTHER INFORMATION CONTACT: David Sanders, Office ofAir 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 ofthe 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 offailure to submit SIPs, or elements ofSIPs, 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 ofColumbia, and the Commonwealth ofPuerto 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. 

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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-107, 1200 Sixth Avenue, Seattle, WA 98101.

Table ofContents
I.Background II.This Action III. Statutory andExecutive Order Reviews

A. Executive Order 12866: Regulatory

Planning and Review andExecutive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act C.Regulatory Flexibility Act D.Unfunded Mandates Reform Act of1995 E.Executive Order 13132: Federalism F. Executive Order 13175: Consultation

and Coordination WithIndian Tribal Governments G.Executive Order 13045: Protection of

Children FromEnvironmental Health and SafetyRisks 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 forPM 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 PM2. 5 primary standard at 35 pg/m 3

.

CAA section 110(a) requires states to submit SIPs thatprovide forthe implementation, maintenance, and enforcement of a new or revised NAAQS within 3years following the promulgation ofsuch 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 anew 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 ofthat submission mayvary 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 ofthe 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 ofthe NAAQS. In the case of section 110(a)(2)(D)(i), the provisions

are intended to assure that the SIP ofthe
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 ofthis action, as applicable, and provided additional recommendations concerning the requirements. Most states submitted SIPs addressing section 110(a)(2). Forvarious 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 3years after promulgation ofa 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 ofthe CAA; and (2) submissions required by section 110(a)(2)(I) which pertainto the nonattainment planning requirements of part D, Title Iofthe CAA. Therefore, this action does not coverthese specific section 110(a)(2) elements. However, this action does pertainto the requirements in section 110(a)(2)(D)(i)(II) for prevention of significant deterioration (PSD). OnJune 9, 2010, in a separate final rulemaking (75 FR 32763), the EPA foundthat 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 submittedby

some states for the 2006 PM2.5NAAQS and that the agency had failed to make findings offailure to submit for other states thathad 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 PM2.5NAAQS 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 notyet made a submittal and for those states that made

a submittal that was not complete with respect to each element ofsection 110(a)(2), as applicable, the EPA is making a finding offailure to submit a complete SIP.

For those states that did notmake any submittal, except as noted above with respect to the June 9, 2010, finding, the EPA is making a finding offailure to submit a complete SIP with respectto all ofthe section 110(a)(2) SIP elements. In the same manner, forthose states that did not make a submittal that addressed all ofthe section 110(a)(2) elements, as applicable, the EPA is making a finding offailure to submit only with respect to those specific elements forwhich the

1 That notice included, among others, the states ofAlaska, Iowa, Montana, and theDistrict of Columbia and the Commonwealth ofPuerto Rico,

some ofwhich are also subject ofthis action. We

are not superseding or otherwise affecting that limited finding withrespect 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 ofa FIP, in accordance with section 110(c)(1), unless prior to that time the state submits, andEPA approves, a submission from the state to address the elements for which the finding offailure to submit applies. These findings offailure to submit do not impose sanctions, and donot set deadlines for imposing sanctions as described in section 179, because these findings do not pertain to the elements ofa Title Ipart D plan for nonattainment areas as required under section 110(a)(2)(I), andbecause 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 tohelp them develop approvable submittals in a timely

manner.

This action will be effective on October 11, 2011. FindingsofFailureTo Submit forStates ThatFailedTo MakeanInfrastructure SIPSubmittalin Whole orinPart forthe 200624HourPM 2.

5NAAQS Region II

Puerto Rico failed to submit a SIP to satisfy the requirements ofsection 110(a)(2)(A)-(C), (D)(i)(II) (PSD prong only), (E)-(H) and 

### (J)-(M). Region III

District ofColumbia 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 ofsection 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. Statutoryand Executive Order Reviews

A. Executive Order12866:Regulatory PlanningandReview andExecutive Order13563:ImprovingRegulationand RegulatoryReview

This action is not a "significant regulatory action" under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and istherefore not subject toreview under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011).
B. Paperwork ReductionAct
This action does not impose an information collection burden. Thisrule 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) ofthe CAA for the 2006 PM2.5NAAQS. Section 110(a)(1) ofthe 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 3years ofpromulgation ofsuch 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.RegulatoryFlexibility Act (RFA)
The Regulatory Flexibility Act (RFA) generally requires an agency to prepare
a regulatory flexibility analysis ofany 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 smallbusinesses, small organizations, and small governmental jurisdictions.

For the purpose of assessing the impacts ofthis 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 ofa city, county, town, school district or special district with a population ofless 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 ofthisfinal action on small entities, Icertify that this action willnot 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) ofthe CAA for the 2006 PM2.5 NAAQS. Section 110(a)(1) ofthe 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 3years ofpromulgation ofsuch standard, or shorter period as the EPA may provide.

D. UnfundedMandatesReformAct of 1995(UMRA)

This action contains no federal mandate under the provisions ofTitle II ofthe Unfunded Mandates Reform Act of 1995, 2U.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 isnot subject to the requirements ofsection 202 and 205 ofthe UMRA.

This action is also not subject to the requirements of section 203 ofUMRA 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) ofthe CAA for the 2006 PM2.5 NAAQS. Section 110(a)(1) ofthe 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 3years ofpromulgation ofsuch standard, or shorter period as the EPA may provide.

E.Executive Order13132:Federalism

This action does not have federalism implications. It will nothave substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution ofpower and responsibilities among the various levels ofgovernment, 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 willnot 

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modify the relationship of the states and the EPA for purposes ofdeveloping programs to implement the NAAQS. Thus, Executive Order 13132 does not apply to this action.

F.Executive Order13175: Consultation andCoordinationWithIndian Tribal Governments

This action does not have tribal implications, as specified in Executive Order 13175 (65 FR 67249). Itdoes 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 PM2.5NAAQS. Furthermore, this action does not affect the relationship or distribution ofpower and responsibilities between the federal government and Indian Tribes. The CAA and the Tribal AirRule establish the relationship ofthe federal government and Tribes in developing plans to attain the NAAQS, and thisrule does nothing to modify that relationship. Thus, Executive Order 13175 does not apply to this action.
G.Executive Order13045:Protectionof ChildrenFromEnvironmentalHealth andSafetyRisks

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 ofthe 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 thatprovides thebasic program elements specified in CAA section 110(a)(2) necessary to implement the 2006 PM2.5NAAQS. 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 Order13211:Actions That Significantly Affect EnergySupply, 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 ofenergy. At the time ofproposal of the implementation rule for the 1997 PM2. 5 standard, information on the methodology and data regarding the assessment of potential energy impacts regarding implementation ofthe 2006 PM2. 5 standard was not addressed because the PM2. 5NAAQS is not a significant energy action. This isbased 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 ofa regulatory impact analysis or other assessment forthe PM2. 5NAAQS rule, was prepared bythe Office ofAir Quality Planning and Standards, Research Triangle Park, NC, April 24, 2003. [October 17, 2006 (71 FR 60853)]

L NationalTechnologyTransferand AdvancementAct

Section 12(d) ofthe 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 adoptedby 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 Order12898:Federal Actions ToAddressEnvironmental JusticeinMinorityPopulations 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 oftheir mission by identifying and addressing,

as appropriate, disproportionately high and adverse human health or environmental effects oftheir programs, policies, and activities onminority populations and low-income populations in the United States.

The EPA has determined that this final action will nothave disproportionately high and adverse human health or environmental effects

on minority or low-income populations because it does not directly affectthe level ofprotection provided to human health or the environment. This notice is making a finding concerning whether each state has submitted orfailed to submit a complete SIP that provides the basic program elements of section 110(a)(2) necessary to implement the 2006 PM2.5NAAQS.

K. Congressional ReviewAct

The Congressional Review Act, 5 U.S.C. 801 etseq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides thatbefore a rule may take effect, the agency promulgating the rulemust submita rule report, which includes a copy ofthe rule, to each House ofthe Congress and to the Comptroller General ofthe United States. The EPA will submita report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General ofthe United States prior to publication ofthe action in the Federal Register. A Majorrule cannot take effect until 60 days after itis published in the Federal Register. This action isnot a "major rule" as defined by 5U.S.C. 804(2). This action will be effective October 11, 2011.

L.JudicialReview

Under section 307(b)(1) ofthe CAA, petitions forjudicial review ofthis action must be filed inthe United States Court ofAppeals 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 ofthis final action does
not affect the finality ofthis action for the purposes ofjudicial review nor does it extend the timewithin which a petition forjudicial review mustbe final, and shall not postpone the effectiveness ofsuch action.

Thus, any petitions forreview ofthis action related to findings offailure to submitrelated to the requirements of section 110(a) to satisfy certain elements required under section 110(a)(2) ofthe CAA for the 2006 PM2.5NAAQS must be filed in the Court ofAppeals for the District ofColumbia Circuit within 60 days from the date final action is published in the Federal Register.

Listof Subjects in40 CFRPart52

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,
AssistantAdministrator, Office of Airand Radiation. [FRDoe. 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 tothe 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 arevision to the YoloSolano Air Quality Management District portion ofthe 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 thatregulates 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. Ifwe receive such comments, we will publish

atimely 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 ofthe following methods: 1.FederaleRulemakingPortal: www.regulations.gov. Follow the on-line instructions. 2.E-mail: steckel.andrew@epa.gov. 3.Mailordeliver: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 maybe 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.govor e-mail. http:// www.regulations.gov is an "anonymous access" system, and EPA will not know your identity or contact information unless you provide itin the body of your comment. Ifyou send e-mail directly toEPA, your e-mail address will be automatically captured and included as part ofthe public comment. IfEPA 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 athttp:// www.regulations.govand inhard 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 normalbusiness 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 ofthis rule? C. What is the purpose ofthe submitted

rule? II. EPA's Evaluation and Action

A. How is EPA evaluating the rule? B. Does the rule meet theevaluation

criteria? C. EPA Recommendations to Further

Improve the Rule D. Public Comment and Final Action I1. Statutory andExecutive Order Reviews

I. The State's Submittal

A. Whatrule didthe Statesubmit?

We are approving Yolo-Solano Air Quality Management District (YSAQMD) Rule 2.41, adopted on September 10, 2008, and submittedby 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 thereotherversionsofthis rule?

There isno previous version ofthis rule in the SIP, and no previous versions have been submitted.

C. What isthepurposeofthe submitted rule?

VOCs help produce ground-level

ozone and smog, which harm human health and the environment. Section 110(a) ofthe CAA requires States to submitregulations that control VOC emissions. Rule 2.41 was designed to control VOC emissions from the manufacturing ofexpandable polystyrene products. The rule requires allproducts 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 ofat least 95%. EPA's technical support document (TSD) has more information about this rule.

II. EPA's Evaluation andAction

A. HowisEPA evaluatingtherule?

Generally, SIP rules mustbe enforceable (see section 110(a) ofthe CAA), must require Reasonably Available Control Technology (RACT) for each category ofsources covered by

aControl 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 ofthe CAA (see section 110() ofthe CAA), and must not modify, in a nonattainment area, any SIP-approved control requirement in effect before November 15, 1990 (see section 193 ofthe 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 ofVOC Emissions from Polystyrene Foam Manufacturing" (EPA-450/3-90-020, September 1990). 

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