Revisions to the California State Implementation Plan:

Federal Register: March 7, 2011 (Volume 76, Number 44)

Rules and Regulations

Page 12280-12283

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr07mr11-8

ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52

EPA-R09-OAR-2010-0813; FRL-9239-6

Revisions to the California State Implementation Plan, for

Imperial County, Kern County, and Ventura County; Air Pollution Control

Districts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final action to approve revisions to the

Imperial County Air Pollution Control District (ICAPCD), Kern County

Air Pollution Control District (KCAPCD), and Ventura County Air

Pollution Control District (VCAPCD) 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 define terms used in other air pollution regulations in these areas.

DATES: This rule is effective on May 6, 2011 without further notice, unless EPA receives adverse comments by April 6, 2011. 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- 2010-0813, 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 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:// 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 e-mail directly to EPA, your e-mail address will be automatically captured

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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: Cynthia Allen, EPA Region IX, (415) 947-4120, allen.cynthia@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and

``our'' refer to EPA.

Table of Contents

I. The State's Submittal

1. What rules did the State submit?

2. Are there other versions of these rules?

3. What is the purpose of the submitted rule revisions?

   II. EPA's Evaluation and Action

1. How is EPA evaluating the rules?

2. Do the rules meet the evaluation criteria?

3. Public Comment and Final Action

   III. Statutory and Executive Order Reviews

   I. The State's Submittal

1. What rules did the State submit?

   Table 1 lists the rules we are approving 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

   Rule

   Local agency

   Rule title

   Adopted

   Submitted

   ICAPCD.....................................

   101 Definitions...................

   02/23/10

   07/20/10

   KCAPCD.....................................

   102 Definitions...................

   03/11/10

   07/20/10

   VCAPCD.....................................

   2 Definitions...................

   01/12/10

   07/20/10

   On August 25, 2010, EPA determined that the submittal for ICAPCD

   Rule 101, KCAPCD Rule 102, and VCAPCD Rule 2 met the completeness criteria in 40 CFR Part 51 Appendix V, which must be met before formal

   EPA review.

2. Are there other versions of these rules?

   We approved an earlier version of these rules into the SIP on the dates listed: ICAPCD Rule 101 on November 15, 2007, KCAPCD Rule 102 on

   February 3, 2000, and VCAPCD Rule 2 on November 19, 2004.

3. What is the purpose of the submitted rules 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.

   Imperial County Rule 101, Definitions, is being amended by adding new definitions associated with recently adopted as amended Rule 400.1,

   Stationary Gas Turbines (Reasonably Available Control Technology), Rule 400.2, Boilers, Process Heaters and Steam Generators, Rule 424,

   Architectural Coatings, Rule 425, Aerospace Coating Operations and Rule 427, Automotive Refinishing Operations. In addition, definitions that became obsolete because of the newly adopted or amended rules were removed.

   Kern County Rule 102, Definitions, is being amended to update the

   Exempt Compounds list to conform to the Exempt Compounds list of the

   EPA. Four definitions have also been added to the Rule along with modifications to Standard Conditions and minor formatting.

   Ventura County Rule 2, Definitions, is being amended by adding four new ``exempt organic compounds'' to the list of low reactive compounds.

   EPA's technical support documents (TSD) have more information about these rules.

   II. EPA's Evaluation and Action

1. 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 use to evaluate enforceability requirements 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).

2. Do the rules meet the evaluation criteria?

   We believe these rules are consistent with the relevant policy and guidance regarding enforceability and SIP anti-backsliding. The TSDs have more information on our evaluation.

3. 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 anticipate objections 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 submitting and proposing approval of these rules. If we receive adverse comments by April 6, 2011, 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 May 6, 2011. This action 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

1. Executive Order 12866, Regulatory Planning and Review

   The Office of Management and Budget (OMB) has exempted this regulatory

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   action from Executive Order 12866, entitled ``Regulatory Planning and

   Review.''

2. Paperwork Reduction Act

   This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

   Burden is defined at 5 CFR 1320.3(b).

3. Regulatory Flexibility Act

   The Regulatory Flexibility Act (RFA) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and small governmental jurisdictions.

   This rule will not have a significant impact on a substantial number of small entities because SIP approvals under section 110 and subchapter I, part D of the Clean Air Act do not create any new requirements but simply approve requirements that the State is already imposing. Therefore, because the Federal SIP approval does not create any new requirements, I certify that this action will not have a significant economic impact on a substantial number of small entities.

   Moreover, due to the nature of the Federal-State relationship under the Clean Air Act, preparation of flexibility analysis would constitute

   Federal inquiry into the economic reasonableness of State action. The

   Clean Air Act forbids EPA to base its actions concerning SIPs on such grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

4. Unfunded Mandates Reform Act

   Under sections 202 of the Unfunded Mandates Reform Act of 1995

   (``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA must prepare a budgetary impact statement to accompany any proposed or final rule that includes a Federal mandate that may result in estimated costs to State, local, or Tribal governments in the aggregate; or to the private sector, of $100 million or more. Under section 205, EPA must select the most cost-effective and least burdensome alternative that achieves the objectives of the rule and is consistent with statutory requirements. Section 203 requires EPA to establish a plan for informing and advising any small governments that may be significantly or uniquely impacted by the rule.

   EPA has determined that the approval action promulgated does not include a Federal mandate that may result in estimated costs of $100 million or more to either State, local, or Tribal governments in the aggregate, or to the private sector. This Federal action approves pre- existing requirements under State or local law, and imposes no new requirements. Accordingly, no additional costs to State, local, or

   Tribal governments, or to the private sector, result from this action.

5. Executive Order 13132, Federalism

   Federalism (64 FR 43255, August 10, 1999) revokes and replaces

   Executive Orders 12612 (Federalism) and 12875 (Enhancing the

   Intergovernmental Partnership). Executive Order 13132 requires EPA to develop an accountable process to ensure ``meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' ``Policies that have federalism implications'' is defined in the Executive Order to include regulations that have ``substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.'' Under Executive Order 13132, EPA may not issue a regulation that has federalism implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, or EPA consults with State and local officials early in the process of developing the proposed regulation. EPA also may not issue a regulation that has federalism implications and that preempts State law unless the

   Agency consults with State and local officials early in the process of developing the proposed regulation.

   This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, because it merely approves a State rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. Thus, the requirements of section 6 of the Executive Order do not apply to this rule.

6. Executive Order 13175, Coordination With Indian Tribal Governments

   Executive Order 13175, entitled ``Consultation and Coordination with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure ``meaningful and timely input by Tribal officials in the development of regulatory policies that have Tribal implications.'' This final rule does not have

   Tribal implications, as specified in Executive Order 13175. It will not have substantial direct effects on Tribal governments, on the relationship between the Federal government and Indian Tribes, or on the distribution of power and responsibilities between the Federal government and Indian Tribes. Thus, Executive Order 13175 does not apply to this rule.

7. Executive Order 13045, Protection of Children From Environmental

   Health Risks and Safety Risks

   EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under section 5-501 of the Executive Order has the potential to influence the regulation. This rule is not subject to Executive Order 13045, because it approves a

   State rule implementing a Federal standard.

8. Executive Order 13211, Actions That Significantly Affect Energy

   Supply, Distribution, or Use

   This rule is not subject to Executive Order 13211, ``Actions

   Concerning Regulations That Significantly Affect Energy Supply,

   Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866.

   I. National Technology Transfer and Advancement Act

   Section 12 of the National Technology Transfer and Advancement Act

   (NTTAA) of 1995 requires Federal agencies to evaluate existing technical standards when developing a new regulation. To comply with

   NTTAA, EPA must consider and use ``voluntary consensus standards''

   (VCS) if available and applicable when developing programs and policies unless doing so would be inconsistent with applicable law or otherwise impractical.

   The EPA believes that VCS are inapplicable to this action. Today's action does not require the public to perform activities conducive to the use of VCS.

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10. Executive Order 12898: Federal Actions To Address Environmental

    Justice in Minority Populations and Low-Income Population

    Executive Order 12898, ``Federal Actions to Address Environmental

    Justice in Minority Populations and Low-Income Populations'' (February 16, 1994) establishes Federal executive policy on environmental justice. Its main provision directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies and activities on minority populations and low-income populations in the United States. The

    Executive Order has informed the development and implementation of

    EPA's environmental justice program and policies. Consistent with the

    Executive Order and the associated Presidential Memorandum, the

    Agency's environmental justice policies promote environmental protection by focusing attention and Agency efforts on addressing the types of environmental harms and risks that are prevalent among minority, low-income and Tribal populations.

    This action will not have disproportionately high and adverse human health or environmental effects on minority, low-income or Tribal populations because it increases the level of environmental protection for all affected populations.

    Specifically, EPA's action would have the affect of standardizing environmental requirements throughout the area, and would not relax environmental requirements in any subsection of the area.

11. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. section 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 rule 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. section 804(2). This rule will be effective May 6, 2011.

    L. Petitions for Judicial Review

    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 May 6, 2011. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule 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. 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, Nitrogen dioxide, Ozone,

    Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: November 23, 2010.

    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 0 2. Section 52.220 is amended by adding paragraph (c)(381) to read as follows:

    Sec. 52.220 Identification of plan.

    * * * * *

    (c) * * *

    (381) New and amended regulations were submitted on July 20, 2010, by the Governor's designee.

    (i) Incorporation by reference.

    (A) Imperial County Air Pollution Control District.

    (1) Rule 101, ``Definitions,'' adopted on February 23, 2010.

    (B) Kern County Air Pollution Control District.

    (1) Rule 102, ``Definitions,'' adopted on March 11, 2010.

    (C) Ventura County Air Pollution Control District.

    (1) Rule 2, ``Definitions'', ``Exempt Organic Compounds,'' revised on January 12, 2010.

    * * * * *

    FR Doc. 2011-4914 Filed 3-4-11; 8:45 am

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