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Federal Register / Vol. 72, No.

179 / Monday, September 17, 2007 / Rules and Regulations 52791

II. Procedural Requirements Room 18–20, Parklawn Building, 5600 including any personal information
Fishers Lane, Rockville, MD 20857’’ and provided, unless the comment includes
A. Determination To Issue Final Rule
adding in its place Office of the General Confidential Business Information (CBI)
Effective in Less than 30 Days
Counsel, General Law Division, Claims or other information whose disclosure is
IHS has determined that the public Office, 330 Independence Avenue, SW, restricted by statute. Information that
notice and comment provisions of the Room 4256, Wilbur J. Cohen Federal you consider CBI or otherwise protected
Administrative Procedure Act, 5 U.S.C. Building, Washington, DC 20201.’’ should be clearly identified as such and
553(b) do not apply to this rulemaking. Dated: September 5, 2007. should not be submitted through
The changes being made relate solely to www.regulations.gov or e-mail.
Robert G. McSwain,
procedure and practice. The changes www.regulations.gov is an ‘‘anonymous
Deputy Director, Indian Health Service.
therefore, meet the requirements for access’’ system, and EPA will not know
exemption from notice and comment in [FR Doc. 07–4585 Filed 9–14–07; 8:45 am] your identity or contact information
5 U.S.C. 553(b)(A). BILLING CODE 4165–16–M unless you provide it in the body of
your comment. If you send e-mail
B. Review Under Procedural Statutes
directly to EPA, your e-mail address
and Executive Orders
ENVIRONMENTAL PROTECTION will be automatically captured and
IHS has reviewed this rule under the AGENCY included as part of the public comment.
following statutes and Executive Orders If EPA cannot read your comment due
governing rulemaking procedures: The 40 CFR Part 52 to technical difficulties and cannot
Unfunded Mandates Reform Act of contact you for clarification, EPA may
[EPA–R09–OAR–2007–0276; FRL–8456–4]
1995, 2 U.S.C. 1501 et seq.; the not be able to consider your comment.
Regulatory Flexibility Enforcement Act, Revisions to the California State Docket: The index to the docket for
5 U.S.C. 601 et seq.; the Small Business Implementation Plan, Mojave Desert this action is available electronically at
Regulatory Enforcement Fairness Act of Air Quality Management District www.regulations.gov and in hard copy
1996, 5 U.S.C. 801 et seq.; the at EPA Region IX, 75 Hawthorne Street,
Paperwork Reduction Act, 4 U.S.C. 3501 AGENCY: Environmental Protection
San Francisco, California. While all
et seq.; Executive Order 12630 Agency (EPA).
documents in the docket are listed in
(Takings); Executive Order 12866 ACTION: Direct final rule. the index, some information may be
(Regulatory Planning and Review); publicly available only at the hard copy
Executive Order 12988 (Civil Justice SUMMARY: EPA is taking direct final
location (e.g., copyrighted material), and
Reform); Executive Order 13132 action to approve a revision to the
some may not be publicly available in
(Federalism); Executive Order 13175 Mojave Desert Air Quality Management
either location (e.g., CBI). To inspect the
(Tribal Consultation); and Executive District (MDAQMD) portion of the
hard copy materials, please schedule an
Order 13211 (Energy Impacts). IHS has California State Implementation Plan
appointment during normal business
determined that this rule does not (SIP). This revision concerns volatile
hours with the contact listed in the FOR
trigger any of the procedural organic compound (VOC) emissions
FURTHER INFORMATION CONTACT section.
requirements of those statutes and from the usage of solvents. We are
Executive Orders, since this rule is approving a local rule that regulates FOR FURTHER INFORMATION CONTACT:
technical in nature and merely changes these emission sources under the Clean Cynthia Allen, EPA Region IX, (415)
the mailing address for the Claims Air Act as amended in 1990 (CAA or the 947–4120, allen.cynthia@epa.gov.
Branch. Act). SUPPLEMENTARY INFORMATION:
DATES: This rule is effective on Throughout this document, ‘‘we,’’ ‘‘us’’
List of Subjects in 25 CFR Part 900
November 16, 2007 without further and ‘‘our’’ refer to EPA.
Administrative practice and notice, unless EPA receives adverse
Table of Contents
procedure, Buildings and facilities, comments by October 17, 2007. If we
Claims, Government contracts, receive such comments, we will publish I. The State’s Submittal
Government property management, A. What rule did the State submit?
a timely withdrawal in the Federal
Grant programs—Indians, Health care, B. Are there other versions of this rule?
Register to notify the public that this C. What is the purpose of the submitted
Indians, Indians—business and finance. direct final rule will not take effect. rule revisions?
■ For the reasons stated in the preamble, ADDRESSES: Submit comments, II. EPA’s Evaluation and Action
IHS amends its regulation in 25 CFR identified by docket number RO9–OAR– A. How is EPA evaluating the rule?
Part 900 as follows: 2007–0276, by one of the following B. Does the rule meet the evaluation
methods: criteria?
PART 900—FEDERAL TORT CLAIMS 1. Federal eRulemaking Portal: C. EPA Recommendations to Further
ACT COVERAGE GENERAL www.regulations.gov. Follow the on-line Improve the Rule
PROVISIONS PROCEDURE FOR D. Public Comment and Final Action
instructions.
FILING MEDICAL-RELATED CLAIM III. Statutory and Executive Order Reviews
2. E-mail: steckel.andrew@epa.gov.
■ 1. The authority citation for part 900 3. Mail or deliver: Andrew Steckel I. The State’s Submittal
continues to read as follows: (Air-4), U.S. Environmental Protection A. What rule did the State submit?
Agency Region IX, 75 Hawthorne Street,
Authority: 25 U.S.C. 450f et seq. San Francisco, CA 94105–3901. Table 1 lists the rule we are approving
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Instructions: All comments will be with the date that the amended rule was
§ 900.201 [Amended]
included in the public docket without adopted by the local air agency and
■ 2. Section 900.201 is amended by change and may be made available submitted by the California Air
removing ‘‘Chief, PHS Claims Branch, online at www.regulations.gov, Resources Board (CARB).

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52792 Federal Register / Vol. 72, No. 179 / Monday, September 17, 2007 / Rules and Regulations

TABLE 1.—SUBMITTED RULES


Local Rule No. Rule title Adopted Submitted

MDAQMD .............................................................. 442 Usage of Solvents ................................................ 02/27/06 10/05/06

On October 24, 2006, we determined use of non-photochemically reactive EPA’s technical support document
the submittal of October 5, 2006 met the solvents and change the VOC usage (TSD) has more information about this
completeness criteria in 40 CFR part 51 restriction from 39.6 lbs/day to a rule.
appendix V, which must be met before monthly limit of 1190 lbs/month.
II. EPA’s Evaluation and Action
formal EPA review. • Section (D)—This section has been
renamed ‘‘Exemptions’’ because all A. How is EPA evaluating this rule?
B. Are there other versions of this rule?
exemptions have been moved to this Generally, SIP rules must be
We approved a version of San section. An exemption for aerosol enforceable (see section 110(a) of the
Bernardino County Air Pollution products has been added. Act), must require Reasonably Available
Control District Rule 442 into the SIP on • Section (E)—This section has been Control Technology (RACT) for major
June 9, 1982 (47 FR 25013). This rule renamed ‘‘Monitoring, Recordkeeping sources in nonattainment areas (see
remains effective in the portion of San and Reporting.’’ The language in this section 182(a)(2)(A)), and must not
Bernardino County that is under the section has been modified for interfere with existing requirements
MDAQMD’s jurisdiction. We also consistency with other MDAQMD rules concerning attainment of air quality
approved a version of South Coast Air and regulations. standards (see section 110(1)) or relax
Quality Management District Rule 442 • Section (F)—This section has been existing control requirements (see
into the SIP on November 16, 1983 (48 named ‘‘Test Methods’’ and contains the section 193). The MDAQMD regulates
FR 52054). This rule remains effective methods for determining VOC content. an 8-hour ozone nonattainment area (see
in the portion of Riverside County that Test methods have been defined and 40 CFR part 81). However, RACT is not
is under the MDAQMD’s jurisdiction. language has been updated for required for Rule 442, because no major
C. What is the purpose of the submitted consistency with other MDAQMD rules sources of VOC are expected to be
rule revisions? and regulations. covered by Rule 442. Major sources are
• The current VOC emissions limit covered by other rules in Regulations IV
VOCs help produce ground-level
that allows disposal of up to 1.3 gallons and XI.
ozone and smog, which harm human Guidance and policy documents that
per day of VOC by any means is made
health and the environment. Section we used to evaluate the enforceability
more stringent by prohibiting disposal
110(a) of the CAA requires states to and legal sufficiency of this rule include
of VOC in a manner that would allow
submit regulations that control VOC the following:
evaporation of VOC into the
emissions. This rule was developed as 1. ‘‘Requirements for Preparation,
atmosphere.
part of the local air district’s programs Adoption, and Submittal of
• The current emissions limit of 18 kg
to control these pollutants. Implementation Plans,’’ U.S. EPA, 40
The purposes of the MDAQMD Rule (39.6 pounds) per day of
photochemically reactive solvents is CFR part 51.
442 revisions relative to the SIP rule are 2. ‘‘Issues Relating to VOC Regulation
as follows: converted to the monthly emission limit
of 540 kg (1,190 pounds) of VOC per Cutpoints, Deficiencies, and
• The rule is revised to conform to Deviations,’’ EPA, May 25, 1988 (the
present MDAQMD rule format and to be month.
• The current emissions limit for Bluebook).
consistent with other District rules. 3. ‘‘Guidance Document for Correcting
• Section (A)—This section has been organic materials that come in contact
with a flame, are baked, are heater Common VOC & Other Rule
renamed ‘‘General’’ to conform with Deficiencies,’’ EPA Region 9, August 21,
standard MDAQMD rule format. cured, or are heat polymerized of 195 kg
(429 pounds) per month is removed; 2001 (the Little Bluebook).
Subsections (A)(1) ‘Purpose’ and (A)(2) 4. ‘‘Review of State Implementation
‘Applicability’ have been revised to however, the VOC emissions limit for
Plans and Revisions for Enforceability
update terminology to reflect current these processes are covered by other
and Legal Sufficiency,’’ September 23,
regulatory trends and to remove rules in Regulations IV and XI.
1987.
unnecessary and obsolete references. • The current emissions limit deletes 5. ‘‘General Preamble for the
• Section (B)—This section has been the 8,036 kg (18,000 pounds) per day Implementation of Title I of the Clean
modified to update the terminology to limit for ‘‘non-photochemically Air Act Amendments of 1990,’’ at 57 FR
reflect current regulatory trends. A reactive’’ solvents. A part of these 13498, April 16, 1992.
variety of other terms have been added solvents are covered by the ‘‘VOC’’ limit
and revised to conform to definitions and a part do not have a limit because B. Does the rule meet the evaluation
contained in Regulation XIII. The they are not precursors to ozone. criteria?
organic materials definition was revised • A limit on VOC emissions from We believe the rule is consistent with
to more accurately reflect language that coating aerospace assemblies and a limit the relevant requirements and policy
could be used to demonstrate for tire manufactures expired by their regarding enforceability, legal
compliance with other District rules own terms. sufficiency, and SIP relaxations. The
requiring recording and labeling of VOC • Exemptions for high solid or ultra- TSD has more information on our
materials. high solid materials are removed due to evaluation.
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• Section (C)—This section has been a change in VOC terminology.


renamed ‘‘Requirements’’ and all The revised Rule 442 will apply C. EPA Recommendations to Further
procedural requirements have been throughout the MDAQMD and will Improve the Rule
moved to this section. The rule supersede the two SIP versions of the The TSD describes additional rule
amendments remove restrictions to the rule identified above. revisions that do not affect EPA’s

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Federal Register / Vol. 72, No. 179 / Monday, September 17, 2007 / Rules and Regulations 52793

current action but are recommended for as specified by Executive Order 13175 circuit by November 16, 2007. Filing a
the next time the local agency modifies (65 FR 67249, November 9, 2000). This petition for reconsideration by the
the rule. action also does not have Federalism Administrator of this final rule does not
implications because it does not have affect the finality of this rule for the
D. Public Comment and Final Action
substantial direct effects on the States, purposes of judicial review nor does it
As authorized in section 110(k)(3) of on the relationship between the national extend the time within which a petition
the Act, EPA is fully approving the government and the States, or on the for judicial review may be filed, and
submitted MDAQMD Rule 442 because distribution of power and shall not postpone the effectiveness of
we believe it fulfills all relevant responsibilities among the various such rule or action. This action may not
requirements. We do not think anyone levels of government, as specified in be challenged later in proceedings to
will object to this approval, so we are Executive Order 13132 (64 FR 43255, enforce its requirements. (See section
finalizing it without proposing it in August 10, 1999). This action merely 307(b)(2).)
advance. However, in the Proposed approves a state rule implementing a
Rules section of this Federal Register, Federal standard, and does not alter the List of Subjects in 40 CFR Part 52
we are simultaneously proposing relationship or the distribution of power Environmental protection, Air
approval of the same submitted rule. If and responsibilities established in the pollution control, Incorporation by
we receive adverse comments by Clean Air Act. This rule also is not reference, Intergovernmental relations,
October 17, 2007, we will publish a subject to Executive Order 13045 Ozone, Reporting and recordkeeping
timely withdrawal in the Federal ‘‘Protection of Children from requirements, Volatile organic
Register to notify the public that the Environmental Health Risks and Safety compounds.
direct final approval will not take effect Risks’’ (62 FR 19885, April 23, 1997), Dated: July 25, 2007.
and we will address the comments in a because it approves a state rule
subsequent final action based on the Jane Diamond,
implementing a Federal standard.
proposal. If we do not receive timely In reviewing SIP submissions, EPA’s Acting Regional Administrator, Region IX.
adverse comments, the direct final role is to approve state choices, ■ Part 52, chapter I, title 40 of the Code
approval will be effective without provided that they meet the criteria of of Federal Regulations is amended as
further notice on November 16, 2007. the Clean Air Act. In this context, in the follows:
This will incorporate the rule into the absence of a prior existing requirement
federally enforceable SIP. for the State to use voluntary consensus PART 52—[AMENDED]
III. Statutory and Executive Order standards (VCS), EPA has no authority ■ 1. The authority citation for part 52
Reviews to disapprove a SIP submission for continues to read as follows:
failure to use VCS. It would thus be
Under Executive Order 12866 (58 FR inconsistent with applicable law for Authority: 42 U.S.C. 7401 et seq.
51735, October 4, 1993), this action is EPA, when it reviews a SIP submission;
not a ‘‘significant regulatory action’’ and to use VCS in place of a SIP submission Subpart F—California
therefore is not subject to review by the that otherwise satisfies the provisions of
Office of Management and Budget. For ■ 2. Section 52.220 is amended by
the Clean Air Act. Thus, the adding paragraph (c)(347)(i)(C) to read
this reason, this action is also not requirements of section 12(d) of the
subject to Executive Order 13211, as follows:
National Technology Transfer and
‘‘Actions Concerning Regulations That Advancement Act of 1995 (15 U.S.C. § 52.220 Identification of plan.
Significantly Affect Energy Supply, 272 note) do not apply. This rule does * * * * *
Distribution, or Use’’ (66 FR 28355, May not impose an information collection (c) * * *
22, 2001). This action merely approves burden under the provisions of the (347) * * *
state law as meeting Federal Paperwork Reduction Act of 1995 (44 (i) * * *
requirements and imposes no additional U.S.C. 3501 et seq.). (C) Mojave Desert Air Quality
requirements beyond those imposed by The Congressional Review Act, 5 Management District.
state law. Accordingly, the U.S.C. 801 et seq., as added by the Small (1) Rule 442, Adopted: 5/7/76; CARB
Administrator certifies that this rule Business Regulatory Enforcement Ex. Ord. G–73: 02/01/77; Readopted: 07/
will not have a significant economic Fairness Act of 1996, generally provides 25/77; Amended: 02/02/79; Amended:
impact on a substantial number of small that before a rule may take effect, the 02/27/06.
entities under the Regulatory Flexibility agency promulgating the rule must
Act (5 U.S.C. 601 et seq.). Because this submit a rule report, which includes a * * * * *
rule approves pre-existing requirements copy of the rule, to each House of the [FR Doc. E7–18064 Filed 9–14–07; 8:45 am]
under state law and does not impose Congress and to the Comptroller General BILLING CODE 6560–50–P
any additional enforceable duty beyond of the United States. EPA will submit a
that required by state law, it does not report containing this rule and other
contain any unfunded mandate or required information to the U.S. Senate, DEPARTMENT OF HOMELAND
significantly or uniquely affect small the U.S. House of Representatives, and SECURITY
governments, as described in the the Comptroller General of the United
Unfunded Mandates Reform Act of 1995 States prior to publication of the rule in Federal Emergency Management
(Pub. L. 104–4). the Federal Register. A major rule Agency
This rule also does not have tribal cannot take effect until 60 days after it
implications because it will not have a is published in the Federal Register. 44 CFR Part 64
substantial direct effect on one or more This action is not a ‘‘major rule’’ as
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Indian tribes, on the relationship [Docket No. FEMA–7989]


defined by 5 U.S.C. 804(2). Under
between the Federal Government and section 307(b)(1) of the Clean Air Act, Suspension of Community Eligibility
Indian tribes, or on the distribution of petitions for judicial review of this
power and responsibilities between the action must be filed in the United States AGENCY:Federal Emergency
Federal Government and Indian tribes, Court of Appeals for the appropriate Management Agency, DHS.

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