[Federal Register Volume 78, Number 70 (Thursday, April 11, 2013)]
[Rules and Regulations]
[Pages 21545-21547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08255]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2012-0886; FRL-9778-4]
Revisions to the California State Implementation Plan, Antelope
Valley Air Quality Management District and Monterey Bay Unified and
Santa Barbara County Air Pollution Control Districts
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
Antelope Valley Air Quality Management District (AVAQMD) and Monterey
Bay Unified Air Pollution Control District (MBUAPCD) and Santa Barbara
County Air Pollution Control District (SBCAPCD) 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 approving
local rules that address emission statements for AVAQMD, rule
rescissions that addresses public records for MBUAPCD, and define terms
for SBCAPCD.
DATES: This rule is effective on June 10, 2013 without further notice,
unless EPA receives adverse comments by May 13, 2013. 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-
2012-0886, 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. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
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: 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 rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted rule revisions?
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 approving and the rules we are
rescinding with the dates that they were adopted by the local air
agencies and submitted by the California Air Resources Board (CARB).
Table 1--Submitted Rules
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Local agency Rule No. Rule title Adopted Submitted
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AVAQMD............................. 107 Certification of 05/15/12 09/21/12
Submissions and Emission
Statements.
MBUAPCD............................ 900 Inspection of Public 04/20/05 07/15/05
Records--Disclosure Policy
(rescinded).
MBUAPCD............................ 901 Public Records--Definitions 04/20/05 07/15/05
(rescinded).
MBUAPCD............................ 902 Districts Request for 04/20/05 07/15/05
Information (rescinded).
MBUAPCD............................ 903 Inspection of Public 04/20/05 07/15/05
Records--Disclosure
Procedure (rescinded).
MBUAPCD............................ 904 Trade Secrets--Procedure 04/20/05 07/15/05
When Inspection is
Requested (rescinded).
SBCAPCD............................ 102 Definitions................ 06/21/12 09/21/12
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[[Page 21546]]
On August 18, 2005, EPA determined that the submittal for MBUAPCD
Rules 900, 901, 902, 903, and 904 met the completeness criteria in 40
CFR Part 51 Appendix V, which must be met before formal EPA review.
On October 11, 2012, EPA determined that the submittal for AVAQMD
Rule 107 and SBCAPCD Rule 102 met the completeness criteria in 40 CFR
Part 51 Appendix V, which must be met before formal review.
B. Are there other versions of these rules?
There is no previous version of AVAQMD Rule 107 in the SIP. We
approved an earlier version of MBUAPCD Rules 900, 901, 902, 903, and
904 into the SIP on July 13, 1987 (52 FR 26148) and SBCAPCD Rule 102
into the SIP on May 4, 2012 (77 FR 26448).
C. What is the purpose of the submitted rule revisions?
Section 110(a) of the CAA requires states to submit regulations
that control volatile organic compounds, oxides of nitrogen,
particulate matter, and other air pollutants which harm human health
and the environment. These rules were developed as part of the local
agency's program to control these pollutants.
Antelope Valley AQMD Rule 107, Certification of Submissions and
Emission Statements, requires the owner or operator of a stationary
sources emitting VOC or NOX to provide AVAQMD with an annual
statement of actual emissions. The emission statement must contain the
information described in the California Air Resources Board (CARB)
Emission Inventory Guidelines. The statement must also contain a
certification signed and dated by a responsible official of the
company, which attests that the information contained in the submitted
documents are accurate to the best knowledge of the individual
certifying the submission. The APCO may waive the emission statement
requirement for sources which emit less than 25 tpy if AVAQMD provides
CARB with an emission inventory of sources emitting greater than 10 tpy
of VOC or NOX using emission factors acceptable to CARB and
EPA.
Monterey Bay Unified APCD Rule 900, Inspection of Public Records--
Disclosure, Rule 901, Public records--Definitions, Rule 902, Districts
Request for Information, Rule 903, Inspection of Public Records--
Disclosure Procedure and Rule 904, Trade Secrets--Procedure When
Inspection is Requested, are being repealed. These rules are being
repealed because the District has updated their Public Records Request
Procedures pursuant to changes made to the California Public Records
Act.
Santa Barbara County APCD Rule 102, Definitions, is being amended
by adding new definitions to terms common to the proposed amended rules
and to improve rule clarity. The District added and modified several
solvent-related and surface-coating definitions that are used in
various parts of the rulebook. The definition of reactive organic
compound was updated to include most of the exempt compounds listed in
40 CFR 50.100(s) and an exempt compound definition was added.
EPA's technical support documents (TSD) have more information about
these rules.
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
These rules describe administrative provisions and definitions that
support emission controls found in other local agency requirements. In
combination with the other requirements, these rules must be
enforceable (see section 110(a) of the Act) and must not relax existing
requirements (see sections 110(l) and 193). EPA policy that we used to
evaluate enforceability requirements consistently includes the Bluebook
(``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988) and the Little Bluebook (``Guidance
Document for Correcting Common VOC & Other Rule Deficiencies,'' EPA
Region 9, August 21, 2001).
B. Do the rules meet the evaluation criteria?
We believe these rules are consistent with the relevant policy and
guidance regarding enforceability and SIP relaxations. The TSDs have
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 rules 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 the same submitted rules. If we
receive adverse comments by May 13, 2013, 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 June 10, 2013. This will incorporate these
rules into the federally enforceable SIP.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
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
[[Page 21547]]
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 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.
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 June 10, 2013. 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: January 25, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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 52.220 is amended by adding paragraphs (c)(159)(iii)(H),
(c)(423)(i)(D), and (c)(423)(i)(E) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(159) * * *
(iii) * * *
(H) Previously approved on July 13, 1987 in (c)(159)(iii)(A) of
this section and now deleted without replacement Rules 900, 901, 902,
903, and 904.
* * * * *
(423) * * *
(i) * * *
(D) Antelope Valley Air Quality Management District.
(1) Rule 107, ``Certification of Submission and Emission
Statements,'' adopted on May 15, 2012.
(E) Santa Barbara County Air Pollution Control District.
(1) Rule 102, ``Definitions'' amended on June 21, 2012.
[FR Doc. 2013-08255 Filed 4-10-13; 8:45 am]
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