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Revisions to the California State Implementation Plan, San Joaquin Valley Air Pollution Control District

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[Federal Register: July 30, 2009 (Volume 74, Number 145)]
[Rules and Regulations]
[Page 37948-37949]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jy09-11]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-0296; FRL-8936-6]

Revisions to the California State Implementation Plan, San
Joaquin Valley Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.

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SUMMARY: EPA is finalizing approval of revisions to the San Joaquin
Valley Air Pollution Control District portion of the California State
Implementation Plan (SIP). These revisions were proposed in the Federal
Register on June 8, 2009 and concern volatile organic compound (VOC)
emissions from organic solvent cleaning and degreasing operations. We
are approving local rules that regulate these emission sources under
the Clean Air Act as amended in 1990 (CAA or the Act).

DATES: Effective Date: This rule is effective on August 31, 2009.

ADDRESSES: EPA has established docket number EPA-R09-OAR-0296 for this
action. The index to the docket 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: Nicole Law, EPA Region IX, (415) 947-
4126, Law.Nicole@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On June 8, 2009 (74 FR 27084), EPA proposed to approve the
following rules into the California SIP.

----------------------------------------------------------------------------------------------------------------
                                                Rule
                Local agency                    No.               Rule title              Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
SJVAPCD.....................................     4662  Organic Solvent Degreasing          09/20/07     03/07/08
                                                        Operations.
SJVAPCD.....................................     4663  Organic Solvent Cleaning,           09/20/07     03/07/08
                                                        Storage, and Disposal.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these rules because we determined that they
complied with the relevant CAA requirements. Our proposed action
contains more information on the rules and our evaluation.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.

III. EPA Action

    No comments were submitted that change our assessment that the
submitted rules comply with the relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the Act, EPA is fully approving
these rules into the California SIP.

IV. 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

[[Page 37949]]

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 (59 FR 22951, 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 September 28, 2009. 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, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: July 10, 2009.
Jane Diamond,
Acting Regional Administrator, Region IX.

• Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

• 1. The authority citation for Part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart F--California

• 2. Section 52.220, is amended by adding paragraph (c)(354)(i)(E) to
read as follows:

Sec.  52.220   Identification of plan.

* * * * *
    (c) * * *
    (354) * * *
    (i) * * *
    (E) San Joaquin Valley Unified Air Pollution Control District
    (1) Rule 4662, ``Organic Solvent Degreasing Operations,'' Adoption
April 11, 1991 and amended September 20, 2007
    (2) Rule 4663, ``Organic Cleaning Storage, and Disposal,'' Adoption
December 20, 2001 and amended September 20, 2007
* * * * *
[FR Doc. E9-18001 Filed 7-29-09; 8:45 am]
BILLING CODE 6560-50-P

 
 

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