[Federal Register Volume 63, Number 219 (Friday, November 13, 1998)]
[Rules and Regulations]
[Pages 63410-63414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30273]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 198-0099a; FRL-6184-4]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Kern County Air Pollution Control
District, Placer County Air Pollution Control District, San Joaquin
Valley Unified Air Pollution Control District, Sacramento Metropolitan
Air Quality Management District, and Santa Barbara County Air Pollution
Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action on revisions to the
California State Implementation Plan. The revisions concern rules from
the following Districts: Kern County Air Pollution Control District
(KNCAPCD), Placer County Air Pollution Control District (PLCAPCD), San
Joaquin Valley Unified Air Pollution Control District (SJVUAPCD),
Sacramento Metropolitan Air Quality Management District (SMAQMD), and
Santa Barbara County Air Pollution Control District (SBCAPCD). This
approval action will incorporate these rules into the federally
approved SIP. The intended effect of approving these rules is to
regulate emissions of volatile organic compounds (VOCs) in accordance
with the requirements of the Clean Air Act, as amended in 1990 (CAA or
the Act). The revised rules control VOC emissions from motor vehicle
and mobile equipment refinishing, graphic arts, paper or fabric
coating, and screen printing. Thus, EPA is finalizing the approval of
these revisions into the California SIP under provisions of the CAA
regarding EPA action on SIP submittals, SIPs for national primary and
secondary ambient air quality standards and plan requirements for
nonattainment areas.
DATES: This rule is effective on January 12, 1999, without further
notice, unless EPA receives adverse by December 14, 1998. If EPA
received such comment, then it will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Comments must be submitted to Andrew Steckel at the Region
IX office listed below. Copies of the rule revisions and EPA's
evaluation report for each rule are available for public inspection at
EPA's Region IX office during normal business hours. Copies of the
submitted rule revisions are available for inspection at the following
locations:
Rulemaking Office (AIR-4), Air Division, U.S. Environmental
Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA
94105
Environmental Protection Agency, Air Docket (6102), 401 ``M''
Street, S.W., Washington, D.C. 20460
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812
Kern County Air Pollution Control District, 2700 M Street, Suite
302, Bakersfield, CA 93301
Placer County Air Pollution Control District, 11464 B Avenue,
Auburn, CA 95603
San Joaquin Valley Unified Air Pollution Control District, 1999
Tuolumne Street, Suite 200, Fresno, CA 93721
Sacramento Metropolitan Air Quality Management District, 8411
Jackson Road, Sacramento, CA 95826
Santa Barbara County Air Pollution Control District, 26 Castilian
Drive B-23, Goleta, CA 93117
FOR FURTHER INFORMATION CONTACT: Andrew Steckel, Rulemaking Office,
AIR-4, Air Division, U.S. Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-
1185.
SUPPLEMENTARY INFORMATION:
I. Applicability
The rules being approved into the California SIP include: KNCAPCD
Rule 410.4A--Motor Vehicle and Mobile Equipment Refinishing Operations
and Rule 410.7--Graphic Arts, PLCAPCD Rule 239--Graphic Arts, SJVUAPCD
Rule 4602--Motor Vehicle and Mobile Equipment Coating Operations and
Rule 4607--Graphic Arts, SMAQMD Rule 450--Graphic Arts and Rule 459--
Automotive, Truck and Heavy Equipment Refinishing Operations, and
SBCAQMD Rule 339--Motor Vehicle and Mobile Equipment Coating
Operations. These rules were submitted by the California Air Resources
Board (CARB) to EPA on May 10, 1996 (410.4A and 410.7), August 1, 1997
(239), March 10, 1998 (4602, 4607 and 339), and May 18, 1998 (450 and
459).
II. Background
On March 3, 1978, EPA promulgated a list of ozone nonattainment
areas under the provisions of the Clean Air Act, as amended in 1977
(1977 Act or pre-amended Act), that included the Southeast Desert
Modified Air Quality Management Area portion of Kern County, the
Sacramento Metro Area, which includes portions of El Dorado and Placer
Counties, the San Joaquin Valley Air Basin, and the Santa Barbara-Santa
Maria-Lompoc Area (Santa Barbara County). 43 FR 8964, 40 CFR 81.305. On
May 26, 1988, EPA notified the Governor of California, pursuant to
section 110(a)(2)(H) of the 1977 Act, that the above districts'
portions of the California SIP were inadequate to attain and maintain
the ozone standard and requested that deficiencies in the existing SIP
be corrected (EPA's SIP-Call). On November 15, 1990, the Clean Air Act
Amendments of 1990 were enacted. Public Law 101-549, 104 Stat. 2399,
codified at 42 U.S.C. 7401-7671q. In amended section 182(a)(2)(A) of
the CAA, Congress statutorily adopted the requirement that
nonattainment areas fix their deficient reasonably available control
technology (RACT) rules for ozone and established a deadline of May 15,
1991 for states to submit corrections of those deficiencies.
Section 182(a)(2)(A) applies to areas designated as nonattainment
prior to enactment of the amendments and classified as marginal or
above as of the date of enactment. It requires such areas to adopt and
correct RACT rules pursuant to pre-amended section 172(b) as
interpreted in pre-amendment guidance.1 EPA's SIP-Call used
that guidance to indicate the necessary corrections for specific
nonattainment areas. The Sacramento Metro Area is classified as severe,
the San Joaquin Valley Air Basin and all of Kern County is classified
as serious, and the Santa Barbara-Santa Maria-Lompoc Area is classified
as moderate; therefore, these areas were subject to the RACT fix-up
requirement and the May 15, 1991 deadline. However, the Southeast
Desert Air Basin portion of Kern County was not a pre-amendment
nonattainment area and, therefore was not designated and classified
upon enactment of the amended ACT. For this reason KNCAPCD is not
subject to the section 182(a)(2)(A) RACT fix-up requirement. The
KNCAPCD is, however, still subject
[[Page 63411]]
to the requirements of EPA's SIP-Call, because the SIP-Call included
all of Kern County.2
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\1\ Among other things, the pre-amendment guidance consists of
those portions of the proposed Post-1987 ozone and carbon monoxide
policy that concern RACT, 52 FR 45044 (November 24, 1987); ``Issues
Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,
Clarification to Appendix D of November 24, 1987 Federal Register
Notice'' (Blue Book) (notice of availability was published in the
Federal Register on May 25, 1988); and the existing control
technique guidelines (CTGs)
\2\ The Sacramento Metro Area, the San Joaquin Valley Air Basin
and the Santa Barbara-Santa Maria-Lompoc Area retained their
designation of nonattainment and were classified by operation of law
pursuant to sections 107(d) and 181(a) upon the date of enactment of
the CAA. The Southeast Desert Air Basin portion of Kern County was
designated nonattainment on November 6, 1991 (56 FR 56649). On April
25, 1995, EPA published a final rule granting the State's request to
reclassify the Sacramento Metro Area to severe from serious (60 FR
20237). This reclassification became effective on June 1, 1995.
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The State of California submitted many revised RACT rules for
incorporation into its SIP on May 10, 1996, August 1, 1997, March 10,
1998, and May 18, 1998, including the rules being acted on in this
document. This document addresses EPA's direct-final action for KNCAPCD
Rule 410.4A--Motor Vehicle and Mobile Equipment Refinishing Operations
and Rule 410.7--Graphic Arts, PLCAPCD Rule 239--Graphic Arts, SJVUAPCD
Rule 4602--Motor Vehicle and Mobile Equipment Coating Operations and
Rule 4607--Graphic Arts, SMAQMD Rule 450--Graphic Arts and Rule 459--
Automotive, Truck and Heavy Equipment Refinishing Operations, and
SBCAQMD Rule 339--Motor Vehicle and Mobile Equipment Coating
Operations. KNCAPCD adopted Rules 410.4A and 410.7 on March 7, 1996,
PLCAPCD adopted Rule 239 on February 13, 1997, SJVUAPCD adopted Rules
4602 and 4607 on September 17, 1997, SMAQMD adopted Rule 450 on
December 5, 1996 and Rule 459 on October 2, 1997, and SBCAPCD adopted
Rule 339 on April 17, 1997. These submitted rules were found to be
complete on July 19, 1996 (410.4A and 410.7), September 30, 1997 (239),
May 21, 1998 (4602, 4607 and 339), and July 17, 1998 (450 and 459)
pursuant to EPA's completeness criteria that are set forth in 40 CFR
part 51, appendix V 3 and are being finalized for approval
into the SIP.
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\3\ EPA adopted the completeness criteria on February 16, 1990
(55 FR 5830) and, pursuant to section 110(k)(1)(A) of the CAA,
revised the criteria on August 26, 1991 (56 FR 42216).
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KNCAPCD Rule 410.4A, SJVUAPCD Rule 4602, SMAQMD Rule 459, and
SBCAPCD Rule 339 control emissions of volatile organic compounds (VOCs)
from refinishing of automobiles and other mobile equipment. KNCAPCD
Rule 410.7, PLCAPCD Rule 239, and SMAQMD Rule 450 limit emissions of
VOCs from graphic arts operations. SJVUAPCD Rule 4607 limits emissions
of VOCs from graphic arts, screen printing and paper or fabric coating
operations. VOCs contribute to the production of ground level ozone and
smog. These rules were originally adopted as part of the above
Districts' efforts to achieve the National Ambient Air Quality Standard
(NAAQS) for ozone and in response to EPA's SIP-Call and the section
182(a)(2)(A) CAA requirement. The following is EPA's evaluation and
final action for these rules.
III. EPA Evaluation and Action
In determining the approvability of a VOC rule, EPA must evaluate
the rule for consistency with the requirements of the CAA and EPA
regulations, as found in section 110 and part D of the CAA and 40 CFR
part 51 (Requirements for Preparation, Adoption, and Submittal of
Implementation Plans). The EPA interpretation of these requirements,
which forms the basis for today's action, appears in the various EPA
policy guidance documents listed in footnote 1. Among those provisions
is the requirement that a VOC rule must, at a minimum, provide for the
implementation of RACT for stationary sources of VOC emissions. This
requirement was carried forth from the pre-amended Act.
For the purpose of assisting state and local agencies in developing
RACT rules, EPA prepared a series of Control Technique Guideline (CTG)
documents. The CTGs are based on the underlying requirements of the Act
and specify the presumptive norms for what is RACT for specific source
categories. Under the CAA, Congress ratified EPA's use of these
documents, as well as other Agency policy, for requiring States to
``fix-up'' their RACT rules. See section 182(a)(2)(A). The CTG
applicable to KNCAPCD Rule 410.7, PLCAPCD Rule 239, SMAQMD Rule 450,
and the graphic arts sections of SJVUAPCD Rule 4607 is entitled,
Control of Volatile Organic Emissions from Existing Stationary
Sources--Volume VIII: Graphic Arts--Rotogravure and Flexography, EPA
450/2-78-033, December 1978. The CTG applicable to the paper or fabric
coating section of SJVUAPCD Rule 4607 is entitled, Control of Volatile
Organic Emissions from Existing Stationary Sources--Volume II: Surface
Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty
Trucks, EPA-450/2-77-008, May 1977. The remaining part of SJVUAPCD Rule
4607 controls emissions from a source category for which EPA has not
issued a CTG. Accordingly this section of the rule was evaluated
against the general RACT requirements of the Clean Air Act (CAA section
110 and part D). KNCAPCD Rule 410.4A, SJVUAPCD Rule 4602, SMAPCD Rule
459, and SBCAPCD Rule 339 control emissions from a source category for
which EPA has not issued a CTG. Accordingly these rules were evaluated
against the general RACT requirements of the Clean Air Act (CAA section
110 and part D), and against the document entitled, National Volatile
Organic Compound Emission Standard for Automobile Refinish Coatings (40
CFR part 59, subpart E). Further interpretations of EPA policy are
found in the Blue Book, referred to in footnote 1. In general, these
guidance documents have been set forth to ensure that VOC rules are
fully enforceable and strengthen or maintain the SIP.
There is currently no version of KNCAPCD Rule 410.4A--Motor Vehicle
and Mobile Equipment Refinishing Operations in the SIP. The submitted
rule includes the following provisions:
VOC content limits of coatings and dates by which
facilities must meet the limits,
Provisions for an optional emission control system in lieu
of compliant coatings,
The requirement to apply coatings only in permitted,
properly maintained paint spray booth at locations with appropriate
city or county zoning,
Work practice standards and regulations concerning surface
preparation and equipment clean-up,
A prohibition to specify the application of, and to sell
noncompliant automobile refinish coatings within the district,
Exemption for touch-up operations not to exceed 9 sq. ft.,
coating of engine compartment, engine and suspension components, and
aerosol containers not to exceed the capacity of 18 oz.,
Requirements for recordkeeping, and
Test methods to be used when determining compliance with
this rule.
On July 11, 1997, EPA approved into the SIP a version of Rule
410.7--Graphic Arts that had been adopted by KNCAPCD on May 6, 1991.
KNCAPCD submitted Rule 410.7--Graphic Arts includes the following
significant changes from the current SIP:
A reference to KNCAPCD Rule 102 was added in lieu of
listing the VOC exempt compounds.
On July 11, 1997, EPA approved into the SIP a version of Rule 239--
Graphic Arts that had been adopted by PLCAPCD on June 8, 1995. PLCAPCD
submitted Rule 239--Graphic Arts includes the following significant
changes from the current SIP:
An exemption for screen printing operations,
[[Page 63412]]
An exemption from the provisions of PLCAPCD Rule 219--
Organic Solvents,
A reference to the correct collection efficiency test
method, and
The rule was reformatted and contains a number of wording
changes to enhance clarity and enforceability. On May 6, 1996, EPA
approved into the SIP a version of Rule 4602--Motor Vehicle and Mobile
Equipment Coating Operations that had been adopted by SJVUAPCD on June
15, 1995. SJVUAPCD submitted Rule 4602--Motor Vehicle and Mobile
Equipment Coating Operations includes the following significant changes
from the current SIP:
An amended multistage coating definition, and
Wording changes to enhance clarity and enforceability of
the rule.
On September 7, 1995, EPA approved into the SIP a version of Rule
4607--Graphic Arts that had been adopted by SJVUAPCD on May 19, 1994.
SJVUAPCD submitted Rule 4607--Graphic Arts includes the following
significant changes from the current SIP:
An expanded definition section,
A lower exemption threshold of 400 lbs. Of VOC per
calender month (was 75 lbs. per day),
An exemption for proof presses and blanket repair material
used in containers of 4 fl. oz. or less,
Revised and expanded the record keeping requirements, and
Additional test methods to determine compliance with the
rule.
On October 4, 1994, EPA approved into the SIP a version of Rule
450--Graphic Arts that had been adopted by SMAQMD on February 23, 1993.
Revisions to this rule were subsequently adopted, and then were
superceded by the submitted version. In evaluating the submitted
version, EPA reviewed materials associated with the superceded
revisions. SMAQMD submitted Rule 450--Graphic Arts includes the
following significant changes from the current SIP:
An exemption from the provisions of SMAQMD Rule 411--
Organic Solvents,
Added the definition of rotogravure printing,
Changed the definition of exempt compound as having the
same meaning as in SMAQMD Rule 101--General Provisions and Definitions,
and
Changed the definition of VOC as having the same meaning
as in SMAQMD Rule 101.
There is currently no version of SMAQMD Rule 459--Automotive, Truck
and Heavy Equipment Refinishing Operations in the SIP. Earlier
revisions to this rule were adopted, and then subsequently revised by
the submitted version. In evaluating this rule, EPA reviewed materials
associated with the superceded versions. The submitted rule includes
the following provisions:
A purpose and applicability section,
Exemptions for restoration of special interest and street
rod vehicles, aerosol containers, radiator, drive train, and engine
component coatings, stencil coatings, and touch-up coatings,
A severability provision,
A standards section containing the VOC limits for coatings
and effective dates, requirements for optional emission control
equipment, VOC limits and storage requirements for surface preparation
and clean-up material,
An administrative section containing the following: a
requirement that any person using emission control equipment must
submit an operation and maintenance plan, the calculations to determine
VOC mass emission rate and percent control efficiency, the calculations
to determine VOC content of coatings, less water and exempt compounds,
and the calculations to determine the VOC content of coating removers,
surface preparation and clean-up material,
A monitoring and records section that defines the record
keeping requirement and record retention time for end users, requires
any person that sells coatings within the district to keep sales
records, and contains the Test methods to be used in determining
compliance.
On July 11, 1997, EPA approved into the SIP a version of Rule 239--
Graphic Arts that had been adopted by SBCAPCD on June 8, 1995. SBCAPCD
submitted Rule 239--Graphic Arts includes the following significant
changes from the current SIP:
The list of VOC exempt compounds was moved from this rule
to SBCAPCD Rule 102--Definitions.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, KNCAPCD Rule 410.4A--Motor Vehicle and Mobile Equipment
Refinishing Operations and Rule 410.7--Graphic Arts, PLCAPCD Rule 239--
Graphic Arts, SJVUAPCD Rule 4602--Motor Vehicle and Mobile Equipment
Coating Operations and Rule 4607--Graphic Arts, SMAQMD Rule 450--
Graphic Arts and Rule 459--Automotive, Truck and Heavy Equipment
Refinishing Operations, and SBCAQMD Rule 339--Motor Vehicle and Mobile
Equipment Coating Operations are being approved under section 110(k)(3)
of the CAA as meeting the requirements of section 110(a) and part D.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future implementation
plan. Each request for revision to the state implementation plan shall
be considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective January 12, 1999
without further notice unless the Agency receives adverse comments by
December 14, 1998.
If the EPA receives such comments, then EPA will publish a timely
withdrawal of the direct final rule and informing the public that the
rule will not take effect. All public comments received will then be
addressed in a subsequent final rule based on the proposed rule. The
EPA will not institute a second comment period on this rule. Any
parties interested in commenting on this rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on January 12, 1999 and no further action will
be taken on the proposed rule.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order (E.O.) 12866, entitled
``Regulatory Planning and Review.''
B. Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a state, local, or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If the mandate is unfunded, EPA must provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected state, local, and tribal
governments, the nature of their concerns, copies of written
[[Page 63413]]
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, E.O. 12875 requires EPA to
develop an effective process permitting elected officials and other
representatives of state, local, and tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.''
Today's rule does not create a mandate on state, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of E.O. 12875
do not apply to this rule.
C. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is
determined to be ``economically significant'' as defined under E.O.
12866, and (2) concerns an environmental health or safety risk that EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety effects of the planned rule on
children, and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency.
This rule is not subject to E.O. 13045 because it does not involve
decisions intended to mitigate environmental health or safety risks.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly affects or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If the mandate is unfunded,
EPA must provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected and other representatives of
Indian tribal governments ``to provide meaningful and timely input in
the development of regulatory policies on matters that significantly or
uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. This action does not involve
or impose any requirements that affect Indian Tribes. Accordingly, the
requirements of section 3(b) of E.O. 13084 do not apply to this rule.
E. 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 final 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).
F. Unfunded Mandates
Under section 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
annual costs to State, local, or tribal governments in the aggregate;
or to 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 annual 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.
G. Submission to Congress and the Comptroller General
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 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. This rule is not a
``major'' rule as defined by 5 U.S.C. 804(2).
H. 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 January 12, 1999. 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).)
Note: Incorporation by reference of the State Implementation
Plan for the State of California was approved by the Director of the
Federal Register on July 1, 1982.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
[[Page 63414]]
Dated: October 23, 1998.
Felicia Marcus,
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)(231)(i)(B)(4), (248)(i)(C), (254)(i)(A)(3), (254)(i)(C)(2), and
(255) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(231) * * *
(i) * * *
(B) * * *
(4) Rule 410.4A, adopted on May 6, 1991 and amended on March 7,
1996 and Rule 410.7, adopted on June 29, 1981 and amended on March 7,
1996.
* * * * *
(248) * * *
(i) * * *
(C) Placer County Air Pollution Control District.
(1) Rule 239, adpoted on November 3, 1994 and amended on February
13, 1997.
* * * * *
(254) * * *
(i) * * *
(A) * * *
(3) Rules 4602 and 4607, adopted on April 11, 1991 and amended on
September 17, 1997.
* * * * *
(C) * * *
(2) Rule 339, adopted on November 5, 1991 and revised on April 17,
1997.
* * * * *
(255) New and amended regulations for the following APCD's were
submitted on May 18, 1998, by the Governor's designee.
(i) Incorporation by reference.
(A) Sacramento Metropolitan Air Quality Management District.
(1) Rule 450, adopted on July 23, 1981 and amended on December 5,
1996, and Rule 459, adopted on December 7, 1995 and amended on October
2, 1997.
* * * * *
[FR Doc. 98-30273 Filed 11-12-98; 8:45 am]
BILLING CODE 6560-50-P
