[Federal Register Volume 62, Number 59 (Thursday, March 27, 1997)]
[Rules and Regulations]
[Pages 14639-14641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7690]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 184-0031a FRL-5709-3]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, San Diego 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. This action is an administrative
change which revises the definition of volatile organic compounds (VOC)
and updates the Exempt Compound list in rules from the San Diego County
Air Pollution Control District (SDCAPCD). The intended effect of
approving this action is to incorporate changes to the definition of
VOC and to update the Exempt Compound list in SDCAPCD rules to be
consistent with the revised federal and state VOC definitions.
DATES: This action is effective on May 27, 1997 unless adverse or
critical comments are received by April 28, 1997. If the effective date
is delayed, a 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,
S.W., Washington, D.C. 20460.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
San Diego County Air Pollution Control District, 9150 Chesapeake Drive,
CA 92123.
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 with definition revisions being approved into the
California SIP include the following San Diego County Air Pollution
Control District Rules: Rule 2, Definitions; Rule 67.0, Architectural
Coatings; Rule 67.1, Alternative Emission Control Plans; Rule 67.2, Dry
Cleaning Equipment Using Petroleum-Based Solvents; Rule 67.3, Metal
Parts and Products Coating Operations; Rule 67.5, Paper, Film, and
Fabric Coating Operations; Rule 67.7, Cutback and Emulsified Asphalts;
Rule 67.12, Polyester Resin Operations; Rule 67.15, Pharmaceutical and
Cosmetic Manufacturing Operations; 67.16, Graphic Arts Operations; Rule
67.17, Storage of Materials Containing Volatile Organic Compounds; Rule
67.18, Marine Coating Operations; and Rule 67.24, Bakery Ovens. These
rules were submitted by the California Air Resources Board to EPA on
October 18, 1996.
Background
On June 16, 1995 (60 FR 31633) EPA published a final rule excluding
acetone from the definition of VOC. On February 7, 1996 (61 FR 4588)
EPA published a final rule excluding perchloroethylene from the
definition of VOC. On May 1, 1996 (61 FR 19231) EPA published a
proposed rule excluding HFC 43-10mee and HCFC 225ca and cb from the
definition of VOC. These compounds were determined to have negligible
photochemical reactivity and thus, were added to the Agency's list of
Exempt Compounds.
The State of California submitted many revised rules for
incorporation into its SIP on October 18, 1996, including the rules
being acted on in this administrative action. This action addresses
EPA's direct-final action for SDCAPCD Rule 2, Definitions; Rule 67.0,
Architectural Coatings; Rule 67.1, Alternative Emission Control Plans;
Rule 67.2, Dry Cleaning Equipment Using Petroleum-Based Solvents; Rule
67.3, Metal Parts and Products Coating Operations; Rule 67.5, Paper,
Film, and Fabric Coating Operations; Rule 67.7, Cutback and Emulsified
Asphalts; Rule 67.12, Polyester Resin Operations; Rule 67.15,
Pharmaceutical and Cosmetic Manufacturing Operations; Rule 67.16,
Graphic Arts Operations; Rule 67.17, Storage of Materials Containing
Volatile Organic Compounds; Rule 67.18, Marine Coating Operations; and
Rule 67.24, Bakery Ovens. These rules were adopted by SDCAPCD on May
15, 1996 and were found to be complete on December 19, 1996, pursuant
to EPA's
[[Page 14640]]
completeness criteria that are set forth in 40 CFR part 51, Appendix V
1 and are being finalized for approval into the SIP.
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\1\ 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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This administrative revision adds acetone, perchloroethylene, HFC
43-10mee and HCFC 225ca and cb to the list of compounds which make a
negligible contribution to tropospheric ozone formulation. 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 administrative action is necessary to make the VOC definition
in SDCAPCD rules consistent with federal and state definitions of VOC.
This action will result in more accurate assessment of ozone formation
potential, will remove unnecessary control requirements and will assist
States in avoiding exceedences of the ozone health standard by focusing
control efforts on compounds which are actual ozone precursors.
The SDCAPCD rules being affected by this action to revise the
definition of VOC include:
Rule 2 Definitions.
Rule 67.0 Architectural Coatings.
Rule 67.1 Alternative Emission Control Plans.
Rule 67.2 Dry Cleaning Equipment Using Petroleum-Based
Solvents.
Rule 67.3 Metal Parts and Products Coating Operations.
Rule 67.5 Paper, Film and Fabric Coating Operations.
Rule 67.7 Cutback and Emulsified Asphalts.
Rule 67.12 Polyester Resin Operations.
Rule 67.15 Pharmaceutical and Cosmetics Manufacturing
Operations.
Rule 67.16 Graphic Arts Operations.
Rule 67.17 Storage of Materials Containing Volatile
Organic Compounds.
Rule 67.18 Marine Coating Operations.
Rule 67.24 Bakery Ovens.
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 May 27, 1997, unless, by April 28, 1997, 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 May 27, 1997.
Regulatory Process
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 sections 110 and 301(a) and subchapter I, Part
D of the CAA 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, I certify
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 regulatory flexibility analysis would
constitute Federal inquiry into the economic reasonableness of state
action. The CAA forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.
Ct. 1976); 42 U.S.C. 7410 (a)(2).
Unfunded Mandates
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (''Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under Part D of the Clean Air
Act. These rules may bind State, local, and tribal governments to
perform certain actions and also require the private sector to perform
certain duties. The rules being approved by this action will impose no
new requirements because affected sources are already subject to these
regulations under State law. Therefore, no additional costs to State,
local, or tribal governments or to the private sector result from this
action. EPA has also determined that this final action does not include
a mandate that may result in estimated costs of $100 million or more to
State, local, or tribal governments in the aggregate or to the private
sector.
Under 5 U.S.C. section 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. section 804(2).
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from Executive Order 12866 review.
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.
[[Page 14641]]
Dated: February 26, 1997.
John Wise,
Acting Regional Administrator.
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. 7401-7671q
Subpart F--California
2. Section 52.220 is amended by adding paragraph (c)(241) to read
as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(241) New and amended regulations for the following APCD were
submitted on October 18, 1996 by the Governor's designee.
(i) Incorporationed by reference.
(A) San Diego County Air Pollution Control District.
(1) Rules 2, Definitions; 67.0, Architectural Coatings; 67.1,
Alternative Emission Control Plans; 67.2, Dry Cleaning Equipment Using
Petroleum-Based Solvents; 67.3, Metal Parts and Products Coating
Operations; 67.5, Paper, Film, and Fabric Coating Operations; 67.7,
Cutback and Emulsified Asphalts; 67.12, Polyester Resin Operations;
67.15, Pharmaceutical and Cosmetic Manufacturing Operations; 67.16,
Graphic Arts Operations; 67.17, Storage of Materials Containing
Volatile Organic Compounds; 67.18, Marine Coating Operations; and
67.24, Bakery Ovens, adopted on May 15, 1996.
* * * * *
[FR Doc. 97-7690 Filed 3-26-97; 8:45 am]
BILLING CODE 6560-50-P
