[Federal Register Volume 76, Number 126 (Thursday, June 30, 2011)]
[Proposed Rules]
[Pages 38340-38341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16500]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2011-0463; FRL-9427-3]
Revisions to the California State Implementation Plan, San
Joaquin Valley Unified Air Pollution Control District (SJVUAPCD)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve revisions to the SJVUAPCD portion
of the California State Implementation Plan (SIP). These revisions
concern volatile organic compound (VOC) and particulate matter (PM)
emissions from commercial charbroiling. We are approving a local rule
that regulates 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 1, 2011.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2011-0463, by one of the following methods:
1. Federal eRulemaking Portal: http:[sol][sol]www.regulations.gov.
Follow the on-line instructions.
2. E-mail: [email protected].
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:[sol][sol]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:[sol][sol]www.regulations.gov or e-mail.
http:[sol][sol]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.
Docket: Generally, documents in the docket for this action are
available electronically at http:[sol][sol]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 at
http:[sol][sol]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 normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: David Grounds, EPA Region IX, (415)
972-3019, [email protected].
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 of this rule?
C. What is the purpose of the submitted rule revision?
II. EPA's Evaluation
A. How is EPA evaluating the rule?
B. Does the rule meet the evaluation criteria?
C. EPA Recommendations To Further Improve the Rule
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rule did the State submit?
Table 1 lists the rule addressed by this proposal with the date
that it was adopted by the local air agency and submitted by the
California Air Resources Board.
Table 1--Submitted Rule
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Local agency Rule No. Rule title Adopted Submitted
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SJVUAPCD............................ 4692 Commercial Charbroiling 09/17/09 05/17/10
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On June 8, 2010, EPA determined that the submittal for SJVUAPCD
Rule 4692 met the completeness criteria in 40 CFR Part 51, Appendix V,
which must be met before formal EPA review.
[[Page 38341]]
B. Are there other versions of this rule?
We approved an earlier version of Rule 4692 into the SIP on June 3,
2003 (68 FR 33005).
C. What is the purpose of the submitted rule revision?
VOCs help produce ground-level ozone and smog, which harm human
health and the environment. PM emissions also harm human health and the
environment by causing, among other things, premature mortality,
aggravation of respiratory and cardiovascular disease, visibility
impairment, and damage to vegetation and ecosystems. Section 110(a) of
the CAA requires States to submit regulations that control VOC and PM
emissions. SJVUAPCD Rule 4692, Commercial Charbroiling, is designed to
limit VOC and PM emissions from commercial charbroiling. EPA's
technical support document (TSD) has more information about this rule.
II. EPA's Evaluation and Action
A. How is EPA evaluating the rule?
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 ozone nonattainment
areas classified as moderate or above (see sections 182(b)(2) and (f),
and must not relax existing requirements (see sections 110(l) and 193).
Section 172(c)(1) of the Act also requires implementation of all
reasonably available control measures (RACM) as expeditiously as
practicable in nonattainment areas. Because the San Joaquin Valley
(SJV) area is designated nonattainment for the fine particulate matter
(PM2.5) National Ambient Air Quality Standards (NAAQS) and
designated and classified as extreme nonattainment for the ozone NAAQS
(see 40 CFR 81.305), the RACM requirement in CAA section 172(c)(1)
applies to this area. The specific ozone RACT requirement in CAA
section 182(b)(2), however, does not apply to Rule 4692 because there
are no CTG documents for this source category and no major sources of
ozone precursors subject to this rule in the SJV area.
Guidance and policy documents that we use to evaluate
enforceability and RACM requirements include the following:
1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations; Clarification to Appendix D of November 24, 1987 Federal
Register Notice,'' (Blue Book), notice of availability published in the
May 25, 1988 Federal Register.
2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
3. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
4. Preamble, ``Clean Air Fine Particle Implementation Rule for the
1997 PM2.5 NAAQS,'' 72 FR 20586 (April 25, 2007).
B. Does the rule meet the evaluation criteria?
We believe this rule is consistent with the applicable CAA
requirements and guidance regarding enforceability, RACM, and SIP
revisions. The TSD has more information on our evaluation.
C. EPA Recommendations to Further Improve the Rule
The TSD describes additional rule revisions that we recommend for
the next time the local agency modifies the rule.
III. Proposed Action
Under section 110(k)(3) of the Act, we are proposing to fully
approve Rule 4692 based on our conclusion that it satisfies all
applicable CAA requirements. 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 this rule into the federally
enforceable SIP.
IV. 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 proposes to approve State law as
meeting Federal requirements and does not impose additional
requirements beyond those imposed by State law. For that reason, this
proposed 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 disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed 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, Particulate matter, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 9, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2011-16500 Filed 6-29-11; 8:45 am]
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