Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Proposed Rules 27085 

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 (b)(2)), and must not relax 

existing requirements (see sections 

110(l) and 193). The San Joaquin Valley 

Unified Air Pollution Control District 

regulates an ozone nonattainment area 

for both the 1-hr and the 8-hr ozone 

standard (see 40 CFR part 81), so Rules 

4662 and 4663 must fulfill RACT. 

Guidance and policy documents that 

we use to evaluate 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 Solvent Metal 

Cleaning,’’ EPA–450/2–77–022, 

November 1977. 

5. ‘‘Control Techniques Guidelines for 

Industrial Cleaning Solvents,’’ EPA– 

453/R–06–001, September 2006. 

6. ‘‘Organic Solvent Cleaning and 

Degreasing Operations,’’ CARB, July 18, 

1991. 

7. ‘‘Reasonably Available Control 

Technology (RACT) Demonstration for 

Ozone State Implementation Plans 

(SIP)’’ SJVAPCD, April 16, 2009. 

8. ‘‘State Implementation Plans, 

General Preamble for the 

Implementation of Title I of the Clean 

Air Amendments of 1990,’’ 57 FR 13498 

(April 16, 1992). 

9. ‘‘Preamble, Final Rule to 

Implement the 8-hour Ozone National 

Ambient Air Quality Standard’’ 70 FR 

71612 (November 29, 2005). 

10. Letter from William T. Hartnett to 

Regional Air Division Directors, ‘‘RACT 

Qs & As—Reasonable Available Control 

Technology (RACT) Questions and 

Answers,’’ May 18, 2006. 

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 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 

Because EPA believes the submitted 

rules fulfill all relevant requirements, 

we are proposing to fully approve them 

as described in section 110(k)(3) of the 

Act. We will accept comments from the 

public on this proposal for the next 30 

days. Unless we receive convincing new 

information during the comment period, 

we intend to publish a final approval 

action that will incorporate these rules 

into the Federally enforceable SIP. 

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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: May 21, 2009. 

Jane Diamond, 

Acting Regional Administrator, Region IX. 

[FR Doc. E9–13331 Filed 6–5–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 93 

[EPA–HQ–OAR–2008–0540; FRL–8914–5] 

RIN 2060–AP29 

Transportation Conformity Rule PM2.5

and PM10 Amendments 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Extension of Public 

Comment Period. 

SUMMARY: EPA is announcing the 

extension of the public comment period 

on the proposed rule, ‘‘Transportation 

Conformity Rule PM2.5 and PM10

Amendments.’’ This proposed rule was 

published May 15, 2009 in the Federal 

Register (74 FR 23024), and written 

comments on the proposed rule were to 

be submitted by June 15, 2009. EPA also 

stated in the proposal that the comment 

period would be extended if a public 


cprice-sewell on PRODPC61 with PROPOSALS
27086 Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Proposed Rules 

hearing was requested by a certain date. 

On May 26, 2009, EPA received such a 

request to hold a public hearing for this 

proposed rule, and the public hearing 

was held on June 4, 2009 at the EPA in 

Ann Arbor, Michigan. As a result, EPA 

is notifying the public again that the 

deadline to submit public comments on 

the proposal is now June 29, 2009. 

DATES: Comments on the May 15, 2009 

(74 FR 23024) proposed rule must be 

received on or before June 29, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2008–0540, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–9744. 

• Mail: Air Docket, Environmental 

Protection Agency, Mailcode: 2822T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460, Attention 

Docket ID No. EPA–HQ–OAR–2008– 

0540. Please include a total of two 

copies. 

• Hand Delivery: Air Docket, 

Environmental Protection Agency, 

Mailcode: EPA West Building, EPA 

Docket Center (Room 3334), 1301 

Constitution Ave., NW., Washington, 

DC, Attention Docket ID No. EPA–HQ– 

OAR–2008–0540. Please include two 

copies. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2008– 

0540. EPA’s policy is that all comments 

received 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 information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. 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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

For additional instructions on 

submitting comments, go to the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket, EPA/DC, 

EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744 

and the telephone number for the Air 

and Radiation Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Laura Berry, State Measures and 

Conformity Group, Transportation and 

Regional Programs Division, 

Environmental Protection Agency, 2000 

Traverwood Drive, Ann Arbor, MI 

48105, e-mail address: 

berry.laura@epa.gov, telephone number: 

(734) 214–4858, fax number: (734) 214– 

4052; or Patty Klavon, State Measures 

and Conformity Group, Transportation 

and Regional Programs Division, 

Environmental Protection Agency, 2000 

Traverwood Drive, Ann Arbor, MI 

48105, e-mail address: 

klavon.patty@epa.gov, telephone 

number: (734) 214–4476, fax number: 

(734) 214–4052. 

SUPPLEMENTARY INFORMATION: 

A. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI 

Do not submit this information to EPA 

through http://www.regulations.gov or 

e-mail. Clearly mark the part or all of 

the information that you claim to be 

CBI. For CBI information in a disk or 

CD–ROM that you mail to EPA, mark 

the outside of the disk or CD–ROM as 

CBI and then identify electronically 

within the disk or CD–ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR Part 2. 

2. Tips for Preparing Your Comments 

When submitting comments, 

remember to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The Agency 

may ask you to respond to specific 

questions or organize comments by 

referencing a Code of Federal 

Regulations (CFR) part or section 

number. 

• Explain why you agree or disagree, 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

3. Docket Copying Costs 

You may be required to pay a 

reasonable fee for copying docket 

materials. 

B. How Do I Get Copies of This 

Proposed Rule and Other Documents? 

1. Docket 

EPA has established an official public 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2008–0540. You can 

get a paper copy of this Federal Register 

document, as well as the documents 

specifically referenced in this action, 

any public comments received, and 

other information related to this action 

at the official public docket. See the 

ADDRESSES section for its location. 


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Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Proposed Rules 27087 

2. Electronic Access 

You may access this Federal Register 

document electronically through EPA’s 

Transportation Conformity Web site at 

http://www.epa.gov/otaq/ 

stateresources/transconf/index.htm. 

You may also access this document 

electronically under the Federal 

Register listings at http://www.epa.gov/ 

fedrgstr/. 

An electronic version of the official 

public docket is available through 

http://www.regulations.gov. You may 

use http://www.regulations.gov to 

submit or view public comments, access 

the index listing of the contents of the 

official public docket, and access those 

documents in the public docket that are 

available electronically. Once in the 

system, select ‘‘search,’’ then key in the 

appropriate docket identification 

number. 

Certain types of information will not 

be placed in the electronic public 

docket. Information claimed as CBI and 

other information for which disclosure 

is restricted by statute is not available 

for public viewing in the electronic 

public docket. EPA’s policy is that 

copyrighted material will not be placed 

in the electronic public docket but will 

be available only in printed, paper form 

in the official public docket. 

To the extent feasible, publicly 

available docket materials will be made 

available in the electronic public 

docket. When a document is selected 

from the index list in EPA Dockets, the 

system will identify whether the 

document is available for viewing in the 

electronic public docket. Although not 

all docket materials may be available 

electronically, you may still access any 

of the publicly available docket 

materials through the docket facility 

identified in the ADDRESSES section. 

EPA intends to provide electronic 

access in the future to all of the publicly 

available docket materials through the 

electronic public docket. 

Public comments submitted on 

computer disks that are mailed or 

delivered to the docket will be 

transferred to the electronic public 

docket. Public comments that are 

mailed or delivered to the docket will be 

scanned and placed in the electronic 

public docket. Where practical, physical 

objects will be photographed, and the 

photograph will be placed in the 

electronic public docket along with a 

brief description written by the docket 

staff. 

For additional information about the 

electronic public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Dated: June 3, 2009. 

Margo T. Oge, 

Director, Office of Transportation and Air 

Quality. 

[FR Doc. E9–13332 Filed 6–5–09; 8:45 am] 

BILLING CODE 6560–50–P 


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