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 

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33400 Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Proposed Rules 

On April 17, 2008 and April 20, 2009, 

EPA determined that these rule 

submittals 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 These 

Rules? 

There are no previous versions of 

Rule 4624 in the SIP. We approved 

earlier versions of Rules 4606 and 4607 

into the SIP on June 26, 2002 (67 FR 

42999). SJVAPCD adopted revisions to 

the SIP-approved version of Rule 4606 

on September 20, 2007 and October 16, 

2008 and CARB submitted them to us 

on March 7, 2008 and December 23, 

2008. SJVAPCD adopted revisions to the 

SIP-approved version of Rule 4607 on 

September 20, 2007 and December 18, 

2008 and CARB submitted them to us 

on March 7, 2008 and March 17, 2009. 

We approved an earlier version of Rule 

4653 into the SIP on May 7, 2002 (57 FR 

30591). SJVAPCD adopted revisions to 

the SIP-approved version of Rule 4653 

on September 20, 2007 and CARB 

submitted it to us on March 7, 2008. 

While we are only acting on the most 

recently submitted version, we have 

reviewed materials provided with 

previous submittals. 

C. What Is the Purpose of the Submitted 

Rules and 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. These rules control VOC 

emissions by limiting VOC content in 

coatings used for graphic arts 

operations, printing operations, wood 

products, flat paneling, paper, film, foil, 

and fabric. In addition, the rules limit 

VOCs by regulating adhesives, cleaning 

solvents, and transfer of organic liquids. 

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 

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 SJVAPCD regulates 

an extreme (for the 1-hour NAAQS) and 

serious (for the 8-hour NAAQS) ozone 

nonattainment area (see 40 CFR part 81), 

so Rules 4606, 4607, 4626, and 4653 

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. ‘‘State Implementation Plans, 

General Preamble for the 

Implementation of Title I of the Clean 

Air Amendments of 1990,’’ 57 FR 

13498, April 16, 1992. 

5. ‘‘Preamble, Final Rule to 

Implement the 8-hour Ozone National 

Ambient Air Quality Standard’’ 70 FR 

71612; Nov. 29, 2005. 

6. Letter from William T. Hartnett to 

Regional Air Division Directors, ‘‘RACT 

Qs & As—Reasonable Available Control 

Technology (RACT) Questions and 

Answers,’’ May 18, 2006. 

7. ‘‘Control of Volatile Organic 

Compound Emissions from Wood 

Furniture Manufacturing Operations,’’ 

EPA–453/R–96–007, April 1996. 

8. ‘‘Control Techniques Guidelines for 

Flat Wood Paneling Coatings,’’ EPA– 

453/R–06–004, September 2006. 

9. ‘‘Control Technique Guidelines for 

Control of VOCs from Existing 

Stationary Sources—Volume II: Surface 

Coating of Cans, Coils, Paper, Fabrics, 

Automobiles, and Light-Duty Trucks,’’ 

EPA–450/2–77–008, May 1977. 

10. ‘‘Control Techniques Guidelines 

for Control of VOCs from Existing 

Stationary Sources—Volume VIII: 

Graphic Arts—Rotogravure and 

Flexography,’’ EPA–450/2–78–033, 

December 1978. 

11. ‘‘Control Techniques Guidelines 

for Offset Lithographic Printing and 

Letterpress Printing,’’ EPA–453/R–06– 

002, September 2006. 

12. ‘‘Control Techniques Guidelines 

for Flexible Package Printing,’’ EPA– 

453/R–06–003, September 2006. 

13. ‘‘Control Techniques Guidelines 

for Paper, Film, and Foil Coatings,’’ 

EPA–453/R–07–003, September 2007. 

14. ‘‘Control of Hydrocarbons from 

Tank Truck Gasoline Loading 

Terminals,’’ EPA–450/2–77–026, 

October 1977. 

15. ‘‘Control Techniques Guidelines 

for Miscellaneous Industrial 

Adhesives,’’ EPA–453/R–08–005, 

September 2008. 

16. ‘‘Determination of Reasonably 

Available Control Technology and Best 

Available Retrofit Control Technology 

for Adhesives and Sealants,’’ CARB, 

December 1998. 

B. Do the Rules Meet the Evaluation 

Criteria? 

We believe these rules are consistent 

with the relevant requirements, 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 

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Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Proposed Rules 33401 

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: June 26, 2009. 

Jane Diamond, 

Acting Regional Administrator, Region IX. 

[FR Doc. E9–16490 Filed 7–10–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 73 

Possession, Use, and Transfer of 

Select Agents and Toxins; Proposed 

Addition of SARS-Associated 

Coronavirus (SARS–CoV) 

AGENCY: Centers for Disease Control and 

Prevention (CDC), Department of Health 

and Human Services (HHS). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The biological agents and 

toxins listed in § 73.3 of Title 42 of the 

Code of Federal Regulations have been 

determined by the Secretary of the U.S. 

Department of Health and Human 

Services (HHS Secretary) to have the 

potential to pose a severe threat to 

public health and safety. We are now 

proposing to add SARS-associated 

coronavirus (SARS–CoV) to the list of 

HHS select agents and toxins. We are 

proposing this action because (1) SARS– 

CoV can cause significant mortality, 

especially in the elderly; (2) the virus 

has the capability of easily being 

transmitted from human to human; (3) 

there is currently no vaccine or antiviral 

approved for the prevention or 

treatment of infections caused by the 

SARS–CoV virus; and (4) it has been 

documented that the virus may persist 

in the environment. 

DATES: Written comments must be 

received on or before September 11, 

2009. Comments received after 

September 11, 2009 will be considered 

to the extent practicable. 

ADDRESSES: Comments on the proposed 

addition of SARS–CoV to the list of 

select agents and toxins should be 

marked ‘‘SARS–CoV’’ and mailed to: 

Centers for Disease Control and 

Prevention, Division of Select Agents 

and Toxins, 1600 Clifton Road, MS A– 

46, Atlanta, GA 30333. Comments may 

be e-mailed to: SAPcomments@cdc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Robbin Weyant, Director, Division of 

Select Agents and Toxins, Centers for 

Disease Control and Prevention, 1600 

Clifton Road, MS A–46, Atlanta, GA 

30333. Telephone: (404) 718–2000. 

SUPPLEMENTARY INFORMATION: The 

Public Health Security and Bioterrorism 

Preparedness and Response Act of 2002, 

Subtitle A of Public Law 107–188 (42 

U.S.C. 262a) (the Bioterrorism Act), 

requires the HHS Secretary to establish 

by regulation a list of each biological 

agent and each toxin that has the 

potential to pose a severe threat to 

public health and safety. In determining 

whether to include an agent or toxin on 

the list, the HHS Secretary considers the 

effect on human health of exposure to 

an agent or toxin; the degree of 

contagiousness of an agent and the 

methods by which an agent or toxin is 

transferred to humans; the availability 

and effectiveness of pharmacotherapies 

and immunizations to treat and prevent 

illnesses resulting from an agent or 

toxin; the potential for an agent or toxin 

to be used as a biological weapon; and 

the needs of children and other 

vulnerable populations. 

SARS-associated coronavirus (SARS– 

CoV) causes a viral respiratory illness, 

severe acute respiratory syndrome 

(SARS), which was first reported in Asia 

in February 2003. According to the 

World Health Organization (WHO)i

, a 

total of 8,098 people worldwide became 

sick with SARS during the 2003 

outbreak, resulting in 774 deaths. 

SARS–CoV is thought to be transmitted 

most readily by respiratory droplets 

(droplet spread) produced when an 

infected person coughs or sneezes. The 

virus also can spread when a person 

touches a surface or object contaminated 

with infectious droplets and then 

touches his or her mouth, nose, or 

eye(s). In addition, it is possible that 

SARS–CoV might be spread more 

broadly through the air (airborne 

spread) or by other ways that are not 

now known. There is currently no 

known SARS transmission anywhere in 

the world. The last known human cases 

of SARS–CoV infection as reported by 

the World Health Organization occurred 

in China in April 2004 in an outbreak 

resulting from laboratory-acquired 

infections. 

After consulting with subject matter 

experts from the CDC, the National 

Institutes of Health (NIH), the Food and 

Drug Administration (FDA), the United 

States Department of Agriculture 

(USDA)/Animal and Plant Health 

Inspection Service (APHIS), USDA/ 

Agricultural Research Service (ARS), 

USDA/CVB (Center for Veterinary 

Biologics), and the Department of 

Defense (DOD)/United States Army 

Medical Research Institute for Infectious 

Diseases (USAMRIID) and conducting a 

review of relevant published studies, we 

are proposing that SARS–CoV should be 

added to the list of HHS select agents 

and toxins because: 

• The virus causes significant 

mortality, especially in the elderly.ii iii

• The virus has the capability of 

easily being transmitted from human-tohuman.iv

• There is currently no method to 

treat infections caused by the virus.v

• It has been demonstrated that the 

virus may persist in the environment. 

We will consider comments that are 

received within 60 days of publication 

of this notice in the Federal Register. 

After the comment period closes, we 

will publish another document in the 

Federal Register. The document will 

include a discussion of any comments 

we receive and any changes to the list 

of HHS select agents and toxins. 

Compliance Dates 

We recognize that there may be some 

individuals and/or entities that are not 

currently registered under either the 

HHS or USDA Select Agent Programs, 

but that do possess SARS–CoV and 

would therefore be required to register 

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