[Federal Register Volume 77, Number 182 (Wednesday, September 19, 2012)]
[Proposed Rules]
[Pages 58076-58078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23154]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2012-0611; FRL-9730-2]
Revisions to the California State Implementation Plan, South
Coast Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve revisions to the South Coast Air
Quality Management District (SCAQMD) portion of the California State
Implementation Plan (SIP). These revisions concern lead emissions from
large lead-acid battery recycling facilities. We are approving a local
rule that regulates these emission sources under the Clean Air Act (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 October 19, 2012.
ADDRESSES: Submit comments, identified by docket number R09-OAR-2012-
0611, by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
2. Email: [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 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 email.
[[Page 58077]]
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 email
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 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 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: Adrianne Borgia, EPA Region IX, (415)
972-3576, [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?
II. EPA's Evaluation and Action.
A. How is EPA evaluating the rule?
B. Does the rule meet the evaluation criteria?
C. EPA Recommendations To Further Improve the Rule.
D. Public Comment and Final Action.
III. 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 dates
that it was adopted by the local air agency and submitted by the
California Air Resources Board (CARB).
Table 1--Submitted Rules
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Rule Rule title Adopted Submitted
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SCAQMD.................................. 1420.1 Emissions Standard For Lead 11/5/10 9/27/11
From Large Lead-Acid Battery
Recycling Facilities.
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On October 24, 2011, EPA determined that the submittal for SCAQMD
Rule 1420.1 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 this rule?
There are no previous versions of Rules 1420.1 in the SIP.
C. What is the purpose of the submitted rule?
Lead is classified as a hazardous air pollutant under the Clean Air
Act (CAA) Section 112 (b). On November 12, 2008, The EPA published the
final rule on the Lead National Ambient Air Quality Standards (NAAQS).
The revisions to the primary and secondary Lead NAAQS were to provide
increased protection for children and other at-risk populations against
an array of health effects. Such health effects most notably include
neurological effects in children, including neurocognitive and
neurobehavioral effects. Section 110(a) of the CAA requires States to
submit regulations that control lead emissions. SCAQMD Rule 1420.1
imposes these revised emission standards for large lead-acid battery
recycling facilities. 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) and must not relax existing requirements (see sections 110(l) and
193). A SIP, outlining the strategy to demonstrate attainment with the
lead NAAQS, must be submitted within 18 months of the final designation
date. In addition, SIP rules must implement Reasonably Available
Control Measures (RACM), including Reasonably Available Control
Technology (RACT (see CAA sections 189(a)(1) and 189(b)(1)). The SCAQMD
regulates a lead nonattainment (see 40 CFR part 81), so SCAQMD must
implement RACM/RACT.
Guidance and policy documents that we use to evaluate
enforceability and RACM/RACT requirements consistently 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. ``Implementation of the 2008 Lead National Ambient Air Quality
Standards Guide to Developing Reasonably Available Control Measures
(RACM) for Controlling Lead Emissions,'' EPA 457/R-12-001, March 2012.
B. Does the rule meet the evaluation criteria?
We believe this rule is consistent with the relevant policy and
guidance regarding enforceability, RACM/RACT, and SIP relaxations. 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 but are not currently
the basis for rule disapproval.
D. Public Comment and Final Action
Because EPA believes the submitted rule fulfills all relevant
requirements, we are proposing to fully approve it 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 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
[[Page 58078]]
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 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, these rules do 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, Lead, Ozone, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 5, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2012-23154 Filed 9-18-12; 8:45 am]
BILLING CODE 6560-50-P