[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Rules and Regulations]
[Pages 63743-63745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25383]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2012-0754; FRL-9740-7]
Revisions to the California State Implementation Plan, Sacramento
Metropolitan Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve revisions to the
Sacramento Metropolitan Air Quality Management District (SMAQMD)
portion of the California State Implementation Plan (SIP). These
revisions concern negative declarations for volatile organic compound
(VOC) source categories for the SMAQMD. We are approving these negative
declarations under the Clean Air Act as amended in 1990 (CAA or the
Act).
DATES: This rule is effective on December 17, 2012 without further
notice, unless EPA receives adverse comments by November 16, 2012. If
we receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2012-0754, 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
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: The index to the docket for this action is 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 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.
[[Page 63744]]
FOR FURTHER INFORMATION CONTACT: Cynthia Allen, EPA Region IX, (415)
947-4120, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. The State's Submittal
A. What negative declarations did the State submit?
B. Are there other versions of these negative declarations?
C. What is the purpose of the submitted negative declarations?
II. EPA's Evaluation and Action
A. How is EPA evaluating the negative declarations?
B. Do the negative declarations meet the evaluation criteria?
C. Public Comment and Final Action
III. Administrative Requirements
I. The State's Submittal
A. What negative declarations did the State submit?
Table 1 lists the negative declarations we are approving with the
dates that they were adopted by the SMAQMD and submitted by the
California Air Resources Board (CARB).
Table 1--Submitted Negative Declarations
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Local agency Title Adopted Submitted
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SMAQMD................ Fiberglass Boat 03/22/12 07/12/12
Manufacturing
Materials (EPA-
453/R-08-004,
September 2008).
SMAQMD................ Automobile and 03/22/12 07/12/12
Light-Duty
Truck Assembly
Coatings (EPA-
453/R-08-006,
September 2008).
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On August 16, 2012, EPA determined that the SMAQMD Negative
Declarations submitted on July 12, 2012, 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 negative declarations?
There are no previous versions of these negative declarations.
C. What is the purpose of the submitted negative declarations?
The negative declarations were submitted to meet the requirements
of CAA section 182(b)(2). Ozone nonattainment areas classified at
moderate and above are required to adopt VOC regulations for the
published Control Techniques Guidelines (CTG) categories and for major
non-CTG sources of VOC or NOX. If a nonattainment area does
not have stationary sources covered by an EPA published CTG, then the
area is required to submit a negative declaration. The negative
declarations were submitted because there are no applicable sources
within the SMAQMD jurisdiction. EPA's technical support document (TSD)
has more information about these negative declarations.
II. EPA's Evaluation and Action
A. How is EPA evaluating the negative declarations?
The negative declarations are submitted as SIP revisions and must
be consistent with CAA requirements for Reasonably Available Control
Technology (RACT) (see section 182(b)(2)) and SIP relaxation (see
sections 110(1) and 193.) To do so, the submittal should provide
reasonable assurance that no sources subject to the CTG requirements
currently exist or are planned for the SMAQMD.
B. Do the negative declarations meet the evaluation criteria?
We believe these negative declarations are consistent with the
relevant policy and guidance regarding RACT and SIP relaxations. The
TSD has more information on our evaluation.
C. Public Comment and Final Action
As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted negative declarations as additional information
to the SIP because we believe they fulfill all relevant requirements.
We do not think anyone will object to this approval, so we are
finalizing it without proposing it in advance. However, in the Proposed
Rules section of this Federal Register, we are simultaneously proposing
approval of these negative declarations. If we receive adverse comments
by November 16, 2012, we will publish a timely withdrawal in the
Federal Register to notify the public that the direct final approval
will not take effect and we will address the comments in a subsequent
final action based on the proposal. If we do not receive timely adverse
comments, the direct final approval will be effective without further
notice on December 17, 2012.
III. Administrative Requirements
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 interfere with Executive Order 12898 (59 FR 7629
(Feb. 16, 1994)) because EPA lacks the discretionary authority to
address environmental justice in this rulemaking.
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249,
[[Page 63745]]
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.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 17, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).
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: September 27, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code of Federal
Regulations is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
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2. Section 52.222 is amended by adding paragraph (a)(2)(iii) to read as
follows:
Sec. 52.222 Negative declarations.
(a) * * *
(2) * * *
(iii) Fiberglass and Boat Manufacturing Materials and Automobile
and Light-Duty Truck Assembly Coatings were submitted on July 12, 2012
and adopted on March 22, 2012.
* * * * *
[FR Doc. 2012-25383 Filed 10-16-12; 8:45 am]
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