Daily Rules, Proposed Rules, and Notices of the Federal Government


40 CFR Part 52

[EPA-R09-OAR-2012-0236; FRL-9711-2]

Revisions to the California State Implementation Plan, South Coast Air Quality Management District (SCAQMD)

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is finalizing approval of a revision to the SCAQMD portion of the California State Implementation Plan (SIP). This action was published on June 1, 2012 and concerns particulate matter (PM) emissions from cement manufacturing facilities. We are approving a local rule that regulates this emission source under the Clean Air Act as amended in 1990 (CAA or the Act).
DATES: This rule will be effective on October 4, 2012.
ADDRESSES: EPA has established docket number EPA-R09-OAR-2012-0236 for this action. Generally, documents in the docket for this action are available electronically athttp://www.regulations.govor in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed at,some information may be publicly available only at the hard copy location (e.g.,copyrighted material, large maps, multi-volume reports), and some may not be available in either location (e.g.,confidential business information (CBI)). To inspect the hard copymaterials, please schedule an appointment during normal business hours with the contact listed in theFOR FURTHER INFORMATION CONTACTsection.
FOR FURTHER INFORMATION CONTACT: Robert Marinaro, EPA Region IX, (415) 972-3019,

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 1, 2012 (77 FR 32483), EPA proposed to approve the following rule into the California SIP.

Local agency Rule # Rule title Amended Submitted SCAQMD 1156 Further Reduction of Particulate Emissions from Cement Manufacturing Facilities 3/6/09 4/29/09.

We proposed to approve this rule because we determined that it complied with the relevant CAA requirements. Our proposed action contains more information on the rule 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 one comment from Jim Malmberg. The comments and our responses are summarized below.

Comment: “Burdening businesses in Southern California with additional government regulations when unemployment in the area is near 12 percent is absolutely ridiculous. The fact that you are trying to regulate emissions from cement plants in the area is doubly offensive as the construction industry has been disproportionally hurt by the economic downturn. The only thing that this rule is likely to accomplish is an increased price for concrete and a corresponding increase in unemployment. I am unaware of anyone ever having dropped dead from living too close to a cement manufacturer.”

Response: EPA's approval of this rule does not impose new costs or controls on industry; it is merely making local controls federally enforceable.

III. EPA Action

This comment does not change EPA's assessment that the submitted rule complies with relevant CAA requirements. Therefore, as authorized in section 110(k)(3) of the Act, EPA is fully approving this rule 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 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. 3501et 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. 601et 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 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. 801et 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 theFederal Register. A major rule cannot take effect until 60 days after it is published in theFederal 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 November 5, 2012. 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, Particulate matter, Reporting and recordkeeping requirements.

Dated: July 23, 2012. 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] 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 paragraphs (c)(362) (i)(B)(2) to read as follows:
§ 52.220 Identification of plan.

(c) * * *

(362) * * *

(i) * * *

(B) * * *

(2) Rule 1156, “Further Reductions of Particulate Emissions from Cement Manufacturing Facilities,” amended on March 6, 2009.