[Federal Register Volume 73, Number 110 (Friday, June 6, 2008)]
[Rules and Regulations]
[Pages 32240-32241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12474]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2008-0228; FRL-8567-4]
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). Under
authority of the Clean Air Act as amended in 1990 (CAA or the Act), we
are approving a local rule that requires submission of emission
statements from stationary sources that emit volatile organic compounds
and oxides of nitrogen.
DATES: This rule is effective on August 5, 2008 without further notice,
unless EPA receives adverse comments by July 7, 2008. 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-
2008-0228, by one of the following methods:
1. Federal eRulemaking Portal: http://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://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 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: Mae Wang, EPA Region IX, (415) 947-
4124, [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?
SMAQMD Rule 105, Emission Statement, was adopted by the SMAQMD on
September 5, 1996, and submitted by the California Air Resources Board
(CARB) on May 18, 1998.
On July 17, 1998, the rule submittal was found to meet 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?
The previous version of Rule 105 was adopted on May 20, 1993, and
CARB submitted it to us on November 18, 1993. We approved this version
of Rule 105 into the SIP on May 26, 2004 (69 FR 29880).
C. What is the purpose of the submitted rule?
Section 110(a) of the CAA requires states to submit regulations
that control volatile organic compounds (VOC), oxides of nitrogen
(NOX), particulate matter, and other air pollutants which
harm human health and the environment. SMAQMD Rule 105 was developed as
part of the local agency's program to control these pollutants. It was
also developed to establish the requirement for stationary sources of
VOC and NOX to submit emission statements, as required by
the CAA. 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?
This rule contains administrative requirements that support
SMAQMD's program to implement the CAA and control emissions of VOC and
NOX. In combination with the other requirements, this rule
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 help 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
[[Page 32241]]
Document for Correcting Common VOC & Other Rule Deficiencies,'' EPA
Region 9, August 21, 2001).
B. Does the rule meet the evaluation criteria?
We believe this rule is consistent with the relevant policy and
guidance regarding enforceability 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 do not affect
EPA's current action but are recommended for the next time the local
agency modifies the rule.
D. Public Comment and Final Action
As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rule because we believe it fulfills 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 rule. If we
receive adverse comments by July 7, 2008, 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 August 5, 2008. This will incorporate the
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 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, as appropriate, disproportionate human health or environmental
effects, using practicable 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 August 5, 2008. 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. 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: April 11, 2008.
Jane Diamond,
Acting Regional Administrator, Region IX.
0
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 paragraphs (c)(255)(i)(A)(6) to
read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(255) * * *
(i) * * *
(A) * * *
(6) Rule 105, Emission Statement, adopted on April 20, 1993, and
amended September 5, 1996.
* * * * *
[FR Doc. E8-12474 Filed 6-5-08; 8:45 am]
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