[Federal Register Volume 63, Number 25 (Friday, February 6, 1998)]
[Rules and Regulations]
[Pages 6073-6075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2871]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 172-0040a; FRL-5956-9]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Kern County Air Pollution Control
District; Monterey Bay Unified Air Pollution Control District; Ventura
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 (SIP). The revisions concern rules
from the Kern County Air Pollution Control District (KCAPCD), Monterey
Bay Unified Air Pollution Control District (MBUAPCD), and Ventura
County Air Pollution Control District (VCAPCD). This approval action
will incorporate these rules into the federally approved SIP. The
intended effect of approving these rules is to incorporate changes to
the definition of VOC and exempt compound list in KCAPCD, MBUAPCD,
[[Page 6074]]
and VCAPCD rules into the SIP to be consistent with the revised federal
definition.
DATES: This action is effective on April 7, 1998 unless adverse or
critical comments are received by March 9, 1998. If the effective date
is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Copies of the rules and EPA's evaluation report for these
rules are available for public inspection at EPA's Region IX office
during normal business hours. Copies of the submitted rules 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,
SW., Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
Kern County Air Pollution Control District, 2700 ``M'' Street, Suite
290, Bakersfield, CA 93301.
Monterey Bay Unified Air Pollution Control District, 24580 Silver Cloud
Court, Monterey, CA 93940.
Ventura County Air Pollution Control District, 669 County Square Drive,
Ventura, CA 93003.
FOR FURTHER INFORMATION CONTACT: Christine Vineyard, Rulemaking Office
(Air-4, Air Division, U.S. Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-
1197.
SUPPLEMENTARY INFORMATION:
Applicability
The rules being approved into the California SIP include KCAPCD
Rule 410.1, Architectural Coatings; KCAPCD Rule 410.5, Cutback, Slow
Cure and Emulsified Asphalt, Paving and Maintenance Operations; KCAPCD
Rule 411, Storage of Organic Chemicals; KCAPCD Rule 414.5, Pump and
Compressor Seals at Petroleum Refineries and Chemical Plants; MBUAPCD
Rule 101, Definitions; and VCAPCD Rule 2, Definitions. The following
table contains the adoption and submittal dates of each rule:
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Rule Adopted Submitted
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KCAPCD 410.1.................................... 3/7/96 5/10/96
KCAPCD 410.5.................................... 3/7/96 5/10/96
KCAPCD 411...................................... 3/7/96 5/10/96
KCAPCD 414.5.................................... 3/7/96 5/10/96
MBUAPCD 101..................................... 11/13/96 3/3/97
VCAPCD 2........................................ 4/9/96 7/23/96
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Background
The State of California submitted the above rules for inclusion
into its SIP. These SIP revisions add several compounds to the
Districts' list of exempt organic compounds that EPA has determined to
have negligible photochemical reactivity. Thus, EPA is finalizing the
approval of the revised definitions to be incorporated into the
California SIP for the attainment of the national ambient air quality
standards (NAAQS) for ozone under title I of the Clean Air Act (CAA or
the Act).
EPA Evaluation and Action
This action is necessary to make the VOC definitions in the rules
from KCAPCD, MBUAPCD, and VCAPCD consistent with the federal
definition. This action will result in a more accurate assessment of
ozone formation potential, will remove unnecessary control requirements
and will assist Districts in avoiding exceedences of the ozone health
standard by focusing control efforts on compounds which are actual
ozone precursors.
The VOC definition and list of exempt compounds have been deleted
from the following KCAPCD rules. These rules have been revised to
reference KCAPCD Rule 102, Definitions, approved on October 7, 1996 (61
FR 52297):
Rule 410.1 Architectural Coatings
Rule 410.5 Cutback, Slow Cure and Emulsified Asphalt,
Paving and Maintenance Operations
Rule 411 Storage of Organic Chemicals
Rule 414.5 Pump and Compressor Seals at Petroleum
Refineries and Chemical Plants
The following revisions were made in MBUAPCD Rule 101, Definitions:
The format of the rule was changed adding sections for
purpose, applicability, exemptions, and effective date.
The definition for ``volatile organic compound'' and an
``exempt compound list'' have been added. Other District rules and
regulations will reference these definitions.
VCAPCD Rule 2, Definitions, has been amended to include acetone,
ethane, parachlorobenzotrifluoride (PCBTF), and volatile methylated
siloxanes (VMS) on the list of ``exempt organic compounds''.
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 action without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective April 7, 1998, unless, by March 9, 1998, adverse or critical
comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent action that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective April 7, 1998.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
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 impose any new requirements, the
Administrator certifies that it does not have a significant impact on
any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the CAA, preparation of a flexibility
analysis would constitute Federal inquiry into the economic
[[Page 6075]]
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).
C. 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
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 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
Federal requirements. Accordingly, no additional costs to State, local,
or tribal governments, or to the private sector, result from this
action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major'' rule as defined by 5
U.S.C. 804(2).
E. 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 April 7, 1998. 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).)
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.
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.
Dated: January 15, 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. et seq.
Subpart F--California
2. Section 52.220 is amended by adding paragraphs
(c)(231)(i)(B)(2), (239)(i)(D)(1), and (244) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(231) * * *
(i) * * *
(B) * * *
(2) Rule 410.1, Rule 410.5, Rule 411, and Rule 414.5 amended on
March 7, 1996.
* * * * *
(239) * * *
(i) * * *
(D) * * *
(1) Rule 2 amended on April 9, 1996.
* * * * *
(244) New and amended regulations for the following APCDs were
submitted on March 3, 1997, by the Governor's designee.
(i) Incorporation by reference.
(A) Monterey Bay Unified Air Pollution Control District.
(1) Rule 101 revised on November 13, 1996.
* * * * *
[FR Doc. 98-2871 Filed 2-5-98; 8:45 am]
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