99-8083. Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Yolo-Solano Air Quality Management District, Monterey Bay Unified Air Pollution Control District, South Coast Air Quality Management District, ...  

  • [Federal Register Volume 64, Number 63 (Friday, April 2, 1999)]
    [Rules and Regulations]
    [Pages 15922-15926]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-8083]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 52
    
    [CA 195-0101a FRL-6235-8]
    
    
    Approval and Promulgation of Implementation Plans; California 
    State Implementation Plan Revision, Yolo-Solano Air Quality Management 
    District, Monterey Bay Unified Air Pollution Control District, South 
    Coast Air Quality Management District, Santa Barbara County Air 
    Pollution Control District, Sacramento Metropolitan Air Quality 
    Management District, and Kern 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: Yolo-Solano Air Quality Management District 
    (YSAQMD), Monterey Bay Unified Air Pollution Control District 
    (MBUAPCD), South Coast Air Quality Management District (SCAQMD), Santa 
    Barbara County Air Pollution Control District (SBCAPCD), Sacramento 
    Metropolitan Air Quality Management District (SMAQMD), and Kern County 
    Air Pollution Control District (KNCAPCD). 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 organic solvent cleaning, and surface 
    preparation and cleanup. 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 June 1, 1999 without further notice, 
    unless EPA receives adverse comments by May 3, 1999. If EPA receives 
    such comment, 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
    Yolo-Solano Air Quality Management District, 1947 Galileo Court, Suite 
    103, Davis, CA 95616
    Monterey Bay Unified Air Pollution Control District, 24580 Silver Cloud 
    Court, Monterey, CA 93940
    South Coast Air Quality Management District, 21865 E. Copley Drive, 
    Diamond Bar, CA 91765
    Santa Barbara County Air Pollution Control District, 26 Castilian Drive 
    B-23, Goleta, CA 93117
    Sacramento Air Quality Management District, 8411 Jackson Road, 
    Sacramento, CA 95826
    Kern County Air Pollution Control District, 2700 M Street, Suite 302, 
    Bakersfield, CA 93301
    
    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 part of this Federal Register action which applies to the South 
    Coast Air Quality Management District excludes the Los Angeles County 
    portion of the Southeast Desert AQMA, otherwise known as the Antelope 
    Valley Region in Los Angeles County, which is now under the 
    jurisdiction of the Antelope Valley Air Pollution Control District as 
    of July 1, 1997.
        The rules being approved into the California SIP include: YSAQMD 
    Rule 2.31--Surface Preparation and Cleanup, MBUAPCD Rule 433--Organic 
    Solvent Cleaning, SCAQMD Rule 1122--Solvent Degreasers, SBCAPCD Rule 
    321--Solvent Cleaning Operations, SMAQMD Rule 454--Degreasing 
    Operations, and KNCAPCD Rule 410.3--Organic Solvent Cleaning 
    Operations. These rules were submitted by the California Air Resources 
    Board (CARB) to EPA on November 30, 1994, June 3, 1997, September 8, 
    1997, March 10, 1998, May 18, 1998, and June 23, 1998 respectively.
    
    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 l977 
    (1977 Act or pre-amended Act), that included the Sacramento Metro Area, 
    which includes Yolo County and part of Solano County, the Monterey Bay 
    Area, the South Coast Air Basin, the Santa Barbara-Santa Maria-Lompoc 
    Area, and the Southeast Desert Modified Air Quality Management Area. 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
    
    [[Page 15923]]
    
    Air Act Amendments of 1990 were enacted. Pub. L. 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 Monterey Bay Area as serious, the South Coast Air Basin as extreme, 
    the Santa Barbara-Santa Maria-Lompoc Area as serious, 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 section 182(a)(2)(A) RACT fix-up 
    requirement. The KNCAPCD is, however, still subject to the requirements 
    of EPA's SIP-Call, because the SIP-Call included all of Kern 
    County.2
    ---------------------------------------------------------------------------
    
        \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 Monterey Bay Area, the South 
    Coast Air Basin, the Monterey Bay Area, and the Santa Barbara-Santa 
    Maria-Lompoc Area retained their designation 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. On December 10, 1997, EPA published a 
    final rule reclassifying the Santa Barbara-Santa Maria-Lompoc Area 
    to serious from moderate. This reclassification became effective on 
    January 9, 1998.
    ---------------------------------------------------------------------------
    
        The State of California submitted many revised RACT rules for 
    incorporation into its SIP on November 30, 1994, June 3, 1997, 
    September 8, 1997, March 10, 1998, May 18, 1998, and June 23, 1998, 
    including the rules being acted on in this document. This document 
    addresses EPA's direct-final action for YSAQMD Rule 2.31--Surface 
    Preparation and Cleanup, MBUAPCD Rule 433--Organic Solvent Cleaning, 
    SCAQMD Rule 1122--Solvent Degreasers, SBCAPCD Rule 321--Solvent 
    Cleaning Operations, SMAQMD Rule 454--Degreasing Operations, and 
    KNCAPCD Rule 410.3--Organic Solvent Cleaning Operations. YSAQMD adopted 
    Rule 2.31 on April 27, 1994, MBUAPCD adopted Rule 433 on March 26, 
    1997, SCAQMD adopted Rule 1122 on July 11, 1997, SBCAPCD adopted Rule 
    321 on September 18, 1997, SMAQMD adopted Rule 454 on April 3, 1997, 
    and KNCAPCD adopted Rule 410.3 on May 7, 1998. These submitted rules 
    were found to be complete on January 30, 1995 (2.31), September 5, 1997 
    (433), October 20, 1997 (1122), July 17, 1998 (454) and August 25, 1998 
    (410.3) pursuant to EPA's completeness criteria that are set forth in 
    40 CFR part 51 Appendix V 3 and is 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).
    ---------------------------------------------------------------------------
    
        These rules regulate VOC emissions from organic solvent cleaning 
    operations, and surface preparation and clean-up activities. VOCs 
    contribute to the production of ground level ozone and smog. This rules 
    were originally adopted as part of these Districts' effort 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 
    this rule.
    
    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 MBUAPCD Rule 433, SCAQMD Rule 1122, SBCAPCD Rule 321, 
    SMAQMD Rule 454, and KNCAPCD Rule 410.3 is entitled, Control of 
    Volatile Organic Emissions from Solvent Metal Cleaning, EPA-450/2-77-
    022, November 1977. YSAQMD Rule 2.31 controls emissions from a source 
    category for which EPA has not issued a CTG. Accordingly this rule was 
    evaluated against the general RACT requirements of the Clean Air Act 
    (CAA section 110 and part D). The rule was also compared with other 
    district rules covering the same source category to ensure consistency. 
    Further interpretation 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 YSAQMD Rule 2.31, Surface 
    Preparation and Cleanup SIP. The submitted rule includes the following 
    provisions:
         Applicability section defining who is subject to the rule,
         Exemptions for dry cleaning and solvent cleaning 
    operations, which are subject to other district rules. Wipe cleaning, 
    automated spray systems, aerosol products and cleaning of high 
    precision optics are exempted from specific provisions of this rule.
         Standard VOC limits for solvents to perform cleaning 
    activities,'
         Monitoring and record keeping section containing the 
    description of records that must be kept and a listing of test methods 
    to be used in determining compliance.
        On February 26, 1996, EPA approved into the SIP a version of Rule 
    433--Organic Solvent Cleaning that had been adopted by MBUAPCD on June 
    15, 1994. MBUAPCD submitted Rule 433--Organic Solvent Cleaning includes 
    the following significant changes from the current SIP:
         A revised applicability section with an added reference to 
    the National Emission Standard for Hazardous Air Pollutants (NESHAP),
    
    [[Page 15924]]
    
         A revised rule effectiveness date which coincides with the 
    rule adoption date,
         A reference to MBUAPCD Rule 101--Definitions, in lieu of a 
    detailed listing of exempt compounds, and
         an added reference to EPA's Guidelines for Determining 
    Capture Efficiency, dated January 9, 1995.
        On November 4, 1996, EPA approved into the SIP a version of Rule 
    1122--Solvent Degreasers that had been adopted by SCAQMD on April 5, 
    1991. SCAQMD submitted Rule 1122--Solvent Degreasers includes the 
    following significant changes from the current SIP:
         The rule language was modified to eliminate ambiguities 
    between Rule 1122--Solvent Degreasers, and 1171--Solvent Cleaning 
    Operations,
         The requirements covering remote reservoir cold cleaners 
    were removed from this rule to be regulated under Rule 1171,
         Limits the VOC content of cleaning material for batch 
    loaded cold cleaners to 50 grams per liter, or less,
         Augmented methods of controlling emissions from open top 
    vapor degreasers by adding the requirements of a superheated vapor 
    zone, and an automated parts handling system,
         Added design requirements and control standards for Air-
    tight and air-less cleaning systems,
         Added and defined ``clean air solvent'' and describes how 
    to obtain clean air solvent certification, which, when displayed, 
    qualifies for an exemption from the requirements of this rule,
         Exempts degreasing operations using halogenated solvents, 
    which are regulated under 40 CFR Part 63, Subpart T (NESHAP), and
         Requires monthly records to be kept in the format shown in 
    appendix A to this rule.
        There is currently no version of SBCAPCD Rule 321--Solvent Cleaning 
    Operations in the SIP. The submitted Rule includes the following 
    provisions:
         An applicability section,
         Exempts cleaning operations employing solvents with 2% or 
    less VOC content, and cleaning operations using halogenated solvents 
    regulated under 40 CFR Part 63, Subpart T (NESHAP).
         Definitions of pertinent terms,
         General and specific design and operating requirements 
    covering all types of solvent cleaning operation.
         Test methods to be used to determine compliance with the 
    requirements of this rule, and
         Record keeping requirements.
        On August 4, 1994, EPA approved into the SIP a version of Rule 
    454--Degreasing Operations that had been adopted by SMAQMD on February 
    23, 1993. SMAQMD submitted Rule 454--Degreasing Operations includes the 
    following significant changes from the current SIP:
         Added an exemption for cleaning solvents with VOC content 
    of 5% or less, by weight,
         Exempts solvent cleaning operations using halogenated 
    solvents which fall under the requirements of 40 CFR Part 63, Subpart T 
    (NESHAP), and
         Referenced SMAQMD Rule 101--General Provisions and 
    Definitions in lieu of the detailed listing of exempt components.
        On October 7, 1996, EPA approved into the SIP a version of Rule 
    410.3--Organic Solvent Degreasing Operations that had been adopted by 
    KNCAPCD on March 7, 1996. KNCAPCD submitted Rule 410.3--Organic Solvent 
    Degreasing Operations includes the following significant changes from 
    the current SIP:
         Added the definition of ``low volatility solvents'' and 
    provided an exemption from the free-board height requirement, when 
    using this type of solvents, and
         Added an exemption for degreasers using halogenated 
    solvents which must comply with the requirements of 40 CFR Part 63, 
    Subpart T (NESHAP).
        EPA has evaluated the submitted rules and has determined that they 
    are consistent with the CAA, EPA regulations, and EPA policy. 
    Therefore, YSAQMD Rule 2.31--Surface Preparation and Cleanup, MBUAPCD 
    Rule 433--Organic Solvent Cleaning, SCAQMD Rule 1122--Solvent 
    Degreasers, SBCAPCD Rule 321--Solvent Cleaning Operations, SMAQMD Rule 
    454--Degreasing Operations, and KNCAPCD Rule 410.3--Organic Solvent 
    Cleaning 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 June 1, 1999 
    without further notice unless the Agency receives adverse comments by 
    May 3, 1999.
        If the EPA receives such comments, then EPA will publish a timely 
    withdrawal of the direct final rule 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 June 1, 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 Executive Order 12875, Enhancing the Intergovernmental 
    Partnership, 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, or 
    EPA consults with those governments. If EPA complies by consulting, 
    Executive Order 12875 requires EPA to 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 any written 
    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.
    
    [[Page 15925]]
    
    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 Executive Order 13084, Consultation and Coordination with 
    Indian Tribal Governments, EPA may not issue a regulation that is not 
    required by statute, that significantly 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, or EPA consults with those 
    governments. If EPA complies by consulting, Executive Order 13084 
    requires EPA to 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. 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 June 1, 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).)
    
    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: February 16, 1999.
    Laura Yoshii,
    Deputy 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)(207)(i)(C)(7),
    
    [[Page 15926]]
    
    (249), (254)(i)(C)(3), (255)(i)(A)(3), (256)(i)(C) and (258), to read 
    as follows:
    
    
    Sec. 52.220  Identification of plan.
    
    * * * * *
        (c) * * *
        (207) * * *
        (i) * * *
        (C) * * *
        (7) Rule 2.31, adopted on April 27, 1994.
    * * * * *
        (249) New and amended regulations for the following APCD's were 
    submitted on September 8, 1997, by the Governor's designee.
        (i) Incorporation by reference.
        (A) South Coast Air Quality Management District.
        (1) Rule 1122, adopted on March 2, 1979 and amended on July 11, 
    1997.
    * * * * *
        (254) * * *
        (i) * * *
        (C) * * *
        (3) Rule 321, adopted on February 24, 1971 and revised on September 
    18, 1997.
    * * * * *
        (255) * * *
        (i) * * *
        (A) * * *
        (3) Rule 454, adopted on June 5, 1979 and amended on April 3, 1997.
    * * * * *
        (256) * * *
        (i) * * *
        (C) Kern County Air Pollution Control District.
        (1) Rule 410.3, adopted on June 26, 1979 and revised on May 7, 
    1998.
    * * * * *
        (258) New and amended regulations for the following APCD's were 
    submitted on June 3, 1997, by the Governor's designee.
        (i) Incorporation by reference.
        (A) Monterey Bay Unified Air Pollution Control District.
        (1) Rule 433, adopted on June 15, 1994 and revised on March 26, 
    1997.
    * * * * *
    [FR Doc. 99-8083 Filed 4-1-99; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
6/1/1999
Published:
04/02/1999
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
99-8083
Dates:
This rule is effective on June 1, 1999 without further notice, unless EPA receives adverse comments by May 3, 1999. If EPA receives such comment, it will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect.
Pages:
15922-15926 (5 pages)
Docket Numbers:
CA 195-0101a FRL-6235-8
PDF File:
99-8083.pdf
CFR: (1)
40 CFR 52.220