27714 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations 

* * * * * 

[FR Doc. E9–13591 Filed 6–10–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0230; FRL–8900–8] 

Revisions to the California State 

Implementation Plan, Monterey Bay 

Unified Air Pollution Control District, 

Placer County 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 

Monterey Bay Unified Air Pollution 

Control District (MBUAPCD) and Placer 

County Air Pollution Control District 

(PCAPCD) portions of the California 

State Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from 

storage tanks and the operation of steam 

drive crude oil production wells. 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 August 

10, 2009 without further notice, unless 

EPA receives adverse comments by July 

13, 2009. 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–2009–0230, 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 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 

www.regulations.gov or e-mail. 

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: The index to the docket for 

this action is available electronically at 

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: 

Nicole Law, EPA Region IX, (415) 947– 

4126, Law.Nicole@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 we are 

approving with the dates that they were 

adopted by the local air agencies and 

submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted Submitted 

MBUAPCD ................................... 427 Steam Drive Crude Oil Production Wells ......................................... 10/17/07 03/07/08 

PCAPCD ...................................... 212 Storage of Organic Liquids ............................................................... 06/19/97 07/18/08 

On April 17, 2008 and August 22, 

2008, these rule submittals were found 

to meet the completeness criteria in 40 

CFR Part 51, Appendix V, which must 

be met before formal EPA review. 

B. Are there other versions of these 

rules? 

We approved versions of MBUAPCD 

Rule 427 and PCAPCD Rule 212 into the 

SIP on August 22, 2002 (see 67 FR 

54349) and May 6, 1996 (see 61 FR 

20145). There have been no subsequent 

submittals of these rules. 

C. What is the purpose of the submitted 

rule revisions? 

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. PCAPCD Rule 212 limits 

emissions of VOCs from storage tanks. 

The June 19, 2008 amendments to Rule 

212 are mostly administrative changes 

to improve on the formatting and clarity 

of the rule. MBUAPCD Rule 427 limits 

emissions of VOCs from the operation of 

steam drive crude oil production wells. 

The majority of the October 17, 2007 

amendments to Rule 427 were editorial 

in nature, and the major changes made 

narrowed an exemption and required 

documentation to claim exemption. 

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 


cprice-sewell on PRODPC61 with RULES
Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations 27715 

as well as each major source in 

nonattainment areas (see section 

182(a)(2)), and must not relax existing 

requirements (see sections 110(l) and 

193). The PCAPCD regulates an ozone 

nonattainment area (see 40 CFR part 81), 

so Rule 212 must fulfill RACT. 

MBUAPCD has been in attainment for 

ozone since 1997. At that time, EPA 

determined that MBUAPCD was 

implementing RACT as required and 

that subsequent upgrades to RACT were 

not required so long as the area 

continued to maintain the standard. 

Guidance and policy documents that 

we use to help evaluate specific 

enforceability and RACT requirements 

consistently include the following: 

1. Portions of the proposed post-1987 

ozone and carbon monoxide policy that 

concern RACT, 52 FR 45044, November 

24, 1987. 

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. ‘‘Control of Volatile Organic 

Emissions from Storage of Petroleum 

Liquids in Fixed-Roof Tanks,’’ EPA– 

450/2–77–036, December 1977. 

5. ‘‘Control of Volatile Organic 

Emissions from Petroleum Liquid 

Storage in External Floating Roof 

Tanks,’’ EPA–450/2–78–047, February 

1978. 

6. ‘‘Alternative Control Techniques 

Document: Volatile Organic Liquid 

Storage in Floating and Fixed Roof 

Tanks,’’ EPA–453/R–94–001, January 

1994. 

7. ‘‘Assessment of VOC Emissions 

From Well Vents Associated with 

Thermally Enhanced Oil Recovery,’’ 

EPA–0–0/0–81–003, September 1981. 

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. The TSDs have more 

information on our evaluation. 

C. EPA Recommendations To Further 

Improve the Rules 

The TSD for PCAPCD Rule 212 

describes 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 July 13, 2009, 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 August 10, 

2009. 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 the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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 August 10, 2009. 

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 


cprice-sewell on PRODPC61 with RULES
27716 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations 

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: April 3, 2009. 

Laura Yoshii, 

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)(354)(i)(D) and 

(359)(i)(C) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(354) * * * 

(i) * * * 

(D) Monterey Bay Unified Air 

Pollution Control District. 

(1) Rule 427, ‘‘Steam Drive Crude Oil 

Production Wells,’’ adopted on January 

16, 1980 and amended on October 17, 

2007. 

* * * * * 

(359) * * * 

(i) * * * 

(C) Placer County Air Pollution 

Control District. 

(1) Rule 212, ‘‘Storage of Organic 

Liquids,’’ adopted on May 24, 1977 and 

amended on June 19, 1997. 

* * * * * 

[FR Doc. E9–13481 Filed 6–10–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0142; FRL–8902–1] 

Revisions to the California State 

Implementation Plan, Antelope Valley 

Air Quality Management District and 

South Coast Air Quality Management 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Antelope Valley Air Quality 

Management District (AVAQMD) and 

South Coast Air Quality Management 

District (SCAQMD) portions of the 

California State Implementation Plan 

(SIP). These revisions concern 

particulate matter (PM–10) emissions 

from open outdoor fires and from wood 

burning devices. We are approving local 

rules under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: This rule is effective on August 

10, 2009 without further notice, unless 

EPA receives adverse comments by July 

13, 2009. 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–2009–0142, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions. 

• E-mail: steckel.andrew@epa.gov. 

• Mail or deliver: Andrew Steckel 

(Air–4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105. 

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. 

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: 

Alfred Petersen, EPA Region IX, (415) 

947–4118, petersen.alfred@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 are the purposes of the submitted 

new rule and 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 recommendation to further improve 

a rule 

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 we are 

approving with the dates that the rules 

were amended by the local air agencies 

and submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Amended or 

adopted Submitted 

AVAQMD .................................... 444 Open Outdoor Fires ............................................ 02/19/08 Amended .................... 07/18/08 

SCAQMD .................................... 445 Wood Burning Devices ....................................... 03/07/08 Adopted ...................... 07/18/08 


cprice-sewell on PRODPC61 with RULES