Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Proposed Rules 33397 

information during the comment period, 

we intend to publish a final approval 

action that will incorporate this rule 

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, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements. 

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

Dated: June 22, 2009. 

Jane Diamond, 

Acting Deputy Regional Administrator, 

Region IX. 

[FR Doc. E9–16495 Filed 7–10–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0371, FRL–8929–7] 

Revisions to the California State 

Implementation Plan, Northern Sierra 

Air Quality Management District and 

San Joaquin Valley Unified Air 

Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Northern Sierra Air 

Quality Management District 

(NSAQMD) and San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) portions of the California 

State Implementation Plan (SIP). Under 

authority of the Clean Air Act as 

amended in 1990 (CAA or the Act), we 

are proposing to approve local rules that 

address volatile organic compound 

emissions from asphalt paving, gasoline 

bulk storage tanks, and gasoline 

dispensing stations. 

DATES: Any comments must arrive by 

August 12, 2009. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2009–0371, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://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 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: 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 Rules Did the State Submit? 

B. Are There Other Versions of These 

Rules? 

C. What Is the Purpose of the Submitted 

Rules and Rule Amendments? 

II. EPA’s Evaluation and Action 

A. How Is EPA Evaluating the Rules? 

B. Do the Rules Meet the Evaluation 

Criteria? 

C. 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 

proposing to approve with the dates that 

they were adopted, amended, or revised 

by the local air agencies and submitted 

by the California Air Resources Board 

(CARB). 

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33398 Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Proposed Rules 

TABLE 1—SUBMITTED RULES

District Rule No. Rule title Adopted or 

amended Submitted 

NSAQMD .......... 227 Cutback and Emulsified Asphalt Paving Materials ...................................... 11/27/06 03/07/08 

SJVUAPCD ....... 4621 Gasoline Transfer into Stationary Storage Containers, Delivery Vessels, 

and Bulk Plants.

12/20/07 03/07/08 

SJVUAPCD ....... 4622 Gasoline Transfer into Motor Vehicle Fuel Tanks ....................................... 12/20/07 03/07/08 

SJVUAPCD ....... 4651 Soil Decontamination Operations ................................................................. 09/20/07 03/07/08 

On April 17, 2008, CARB’s submittal 

of March 7, 2008, was 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? 

There is no previous version of 

NSAQMD Rule 227 in the SIP. We 

approved previous versions of 

SJVUAPCD Rules 4621 and 4622 into 

the SIP on April 19, 2000 (65 FR 20912) 

and March 24, 2003 (68 FR 14156), 

respectively. We approved a previous 

version of SJVUAPCD Rule 4651 into 

the SIP on July 24, 1996 (61 FR 38571). 

C. What Is the Purpose of the Submitted 

Rules and Rule Amendments? 

Volatile organic compounds (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. 

NSAQMD Rule 227 provides standards 

to control VOC emissions during the use 

or manufacture of cutback asphalt and 

emulsified asphalt paving materials. 

SJVUAPCD Rule 4621 limits VOC 

emissions from gasoline storage 

containers and delivery vessels, and 

gasoline transfer operations at bulk 

plants. SJVUAPCD Rule 4622 limits 

VOC emissions from the transfer of 

gasoline into motor vehicle fuel tanks. 

SJVUAPCD Rule 4651 regulates VOC 

emissions from excavation, 

transportation, handling, 

decontamination, and disposal of soil 

that has been contaminated with a VOCcontaining liquid. EPA’s technical 

support documents (TSDs) 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 

CAA) and must not relax existing 

requirements (see sections 110(l) and 

193 of the CAA). 

CAA subpart 1 VOC rules must 

require Reasonably Available Control 

Measures (RACM), including 

Reasonably Available Control 

Technology (RACT), for each major VOC 

source in ozone nonattainment areas 

(see section 172(c)(1) of the CAA). The 

NSAQMD regulates a subpart 1 8-hr 

ozone nonattainment area in Western 

Nevada County (see 40 CFR part 81) and 

must fulfill the requirements of RACM/ 

RACT in that area. 

CAA subpart 2 VOC rules must 

require RACT for each significant source 

category covered by a Control 

Technique Guideline (CTG) document 

and for each major source in ozone 

nonattainment areas (see sections 

182(a)(2) and (b)(2) of the CAA). The 

SJVUAPCD regulates a subpart 2 8-hr 

ozone nonattainment area which was 

classified under the 1-hr standard as an 

extreme nonattainment area (see 40 CFR 

part 81). Additionally, gasoline storage, 

transfer, and dispensing rules must 

fulfill the special requirements for 

gasoline vapor recovery in ozone 

nonattainment areas (see section 

182(b)(3)(A) of the CAA) and special 

requirements for vehicle fleets (see 

section 202(a)(6) of the CAA). 

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 VOC from the Use of 

Cutback Asphalt, EPA–450/2–77–037 

(December 1977). 

5. SJVUAPCD 2004 Extreme Ozone 

Attainment Demonstration Plan. 

6. SJVUAPCD 2007 Ozone Plan, 

http://www.arb.ca.gov/planning/sip/ 

2007sip/sjv8hr/sjvozone.htm. 

7. SJVUAPCD Final Staff Report, 

Proposed Amendments to Rule 4651 

(September 20, 2007). 

B. Do the Rules Meet the Evaluation 

Criteria? 

We believe that NSAQMD Rule 227 

and SJVUAPCD Rules 4621, 4622, and 

4651 are consistent with the relevant 

policy and guidance regarding 

enforceability, RACT, and SIP 

relaxations. The TSDs have more 

information on our evaluation. 

C. 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 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Proposed Rules 33399 

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, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: June 22, 2009. 

Jane Diamond, 

Acting Regional Administrator, Region IX. 

[FR Doc. E9–16496 Filed 7–10–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0473; FRL–8929–6] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the San Joaquin Valley Air 

Pollution Control District portion of the 

California State Implementation Plan 

(SIP). These revisions concern volatile 

organic compound (VOC) emissions 

from graphic arts printing operations, 

digital printing operations, adhesives, 

cleaning solvents, transfer of organic 

liquids, and facilities engaged in coating 

of wood products, flat paneling, paper, 

film, foil, and fabric. We are approving 

4 local rules that regulate these emission 

sources under the Clean Air Act as 

amended in 1990 (CAA or the Act). We 

are taking comments on this proposal 

and plan to follow with a final action. 

DATES: Any comments must arrive by 

August 12, 2009. 

ADDRESSES: Submit comments, 

identified by docket number [EPA–R09– 

OAR–2009–0473], by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or delivery: 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 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: 

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 

Rules 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 Recommendations To Further 

Improve the Rules 

D. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What Rules Did the State Submit? 

Table 1 lists the rules addressed by 

this proposal with the dates that they 

were adopted by the local air agency 

and submitted by the California Air 

Resources Board. 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted Submitted 

SJVAPCD ......... 4606 Wood Products and Flat Wood Paneling Product Coating Operations ................... 10/16/08 12/23/08 

SJVAPCD ......... 4607 Graphic Arts and Paper, Film, Foil, and Fabric Coatings ........................................ 12/18/08 03/17/09 

SJVAPCD ......... 4624 Transfer of Organic Liquid ........................................................................................ 09/20/07 03/07/08 

SJVAPCD ......... 4653 Adhesives ................................................................................................................. 12/20/07 03/07/08 

mstockstill on DSKH9S0YB1PROD with PROPOSALS