[Federal Register Volume 64, Number 123 (Monday, June 28, 1999)]
[Unknown Section]
[Pages 34558-34560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16229]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 210-147a; FRL-6362-9]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Bay Area Air Quality Management
District, Monterey Bay Unified Air Pollution Control District, Placer
County Air Pollution Control District, and 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 to approve revisions to the
California State Implementation Plan (SIP). This action revises the
definitions in Bay Area Air Quality Management District (BAAQMD)
Regulation 1; Monterey Bay Unified Air Pollution Control (MBUAPCD) Rule
101; Placer County Air Pollution Control District (PCAPCD) Rule 102;
and Ventura County Air Pollution Control District (VCAPCD) Rule 2. The
intended effect of approving this action is to incorporate changes to
the definitions for clarity and consistency and to update the Exempt
Compound list in MBUAPCD, PCAPCD, and VCAPCD rules to be consistent
with the revised federal and state VOC definitions.
DATES: This rule is effective on August 27, 1999 without further
notice, unless EPA receives adverse comments by July 28, 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: Written 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
Bay Area Air Quality Management District, 939 Ellis Street, San
Francisco, CA 94109-7714
Monterey Bay Unified Air Pollution Control District, 24580 Silver Cloud
Ct., Monterey, CA 93940-6536
Placer County Air Pollution Control District, DeWitt Center, 11464
``B'' Ave., Auburn, CA 95603-2603
Ventura County Air Pollution Control District, 669 County Square Dr.,
2nd Fl., Ventura, CA 93003-5417
FOR FURTHER INFORMATION CONTACT: Cynthia G. Allen, Rulemaking Office,
AIR-4, Air Division, U.S. Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1189
SUPPLEMENTARY INFORMATION:
I. Applicability
The rules being approved into the California SIP include: BAAQMD
Regulation 1, General Provisions and Definitions; MBUAPCD Rule 101,
Definitions; PCAPCD Rule 102, Definitions, and VCAPCD 2, Definitions.
These rules were submitted by the California Air Resources Board to EPA
on February 16, 1999 (Bay Area and Ventura); January 12, 1999
(Monterey); and May 18, 1998 (Placer).
II. Background
On March 3, 1978, EPA promulgated a list of nonattainment areas
under the provisions of the Clean Air Act, as amended in 1977 (1977 Act
or pre-amended Act), that included BAAQMD, MBUAPCD, PCAPCD, and VCAPCD.
43 FR 8964, 49 CFR 81.305. In response to Section 110(a) of the Act and
other requirements, the BAAQMD, MBUAPCD, PCAPCD, and VCAPCD submitted
many rules which EPA approved into the SIP.
On February 7, 1996 (61 FR 4588) EPA published a final rule
excluding perchloroethylene from the definition of VOC. On October 8,
1996 (61 FR 52848) EPA published a final rule excluding HFC 43-10mee
and HCFC-225ca and cb from the definition of VOC. On August 25, 1997
(62 FR 44900) EPA published a final rule excluding HFC-32, HFC-161,
HFC-236ea and fa, HFC-245ca, ea, eb, and fa, HFC-365mfc, HCFC-31, HCFC-
123a, HCFC-151a, C4F9OCH3,
CF32CFCF2OCH3,
C4F9OC2H5,
CF32CFCF2OC2H5. On April 9,
1998 (63 FR 17331) EPA published a final rule excluding methyl acetate
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.
This document addresses EPA's direct-final action for BAAQMD
Regulation 1, General Provisions and Definitions; MBUAPCD Rule 101,
Definitions; PCAPCD Rule 102, Definitions; and VCAPCD Rule 2,
Definitions. These rules were adopted by BAAQMD on October 7, 1998; by
MBUAPCD on November 12, 1998; by PCAPCD on June 19, 1997; and by VCAPCD
on November 10, 1998. These rules were submitted by the California Air
Resources Board to EPA on February 16, 1999 (Bay Area and Ventura);
January 12, 1999 (Monterey); and May 18, 1998 (Placer). These submitted
rules were found to be complete on May,1999 (Bay Area and Ventura);
March 19, 1999 (Monterey); July 17, 1998 (Placer), pursuant to EPA's
completeness criteria that are set forth in 40 CFR part 51, appendix V
1 and is 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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The following are EPA's summary and final action for these rules.
III. EPA Evaluation and Action
In determining the approvability of a 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 this action, appears in various EPA policy
guidance documents.2
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\2\ 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
Document'' (Blue Book) (notice of availability was published in the
Federal Register on May 25, 1988).
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[[Page 34559]]
This action is necessary to make the VOC definition in the MBUAPCD,
PCAPCD, and VCAPCD 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.
BAAQMD Regulation 1, General Provisions and Definitions, has been
amended to add and/or revise the following definitions: 1-234, Organic
Compound, Non-Precursor; 1-238, Parametric Monitor; 1-239, Continuous
Emission Monitor; 1-522, Continuous Emission Monitoring and
Recordingkeeping; and 1-523, Parametric Monitoring and Recordkeeping
Procedures.
MBUAPCD Rule 101, Definitions, is being amended to update the
definition of ``Exempt Compounds.'' In addition, this amendment adds
and/or revises the following definitions: Effective Dates; Household
Rubbish; Permissive Burn Day, and Multiple-Chamber Incinerator.
PCAPCD Rule 102, Definitions, is being amended to update the
definition of ``Exempt Compounds.'' The entire Rule 102 is reformatted
for clarity and consistency. In addition, this amendment revises the
definition of ``Air Pollution Control Officer.''
VCAPCD Rule 2, Definitions, is being amended to update the
definition of ``Exempt Compounds'' to include 21 compounds.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, BAAQMD Regulation 1, General Provisions and Definitions;
MBUAPCD Rule 101, Definitions; PCAPCD Rule 102, Definitions; and VCAPCD
Rule 2, Definitions, are being approved under section 110(k)(3) of the
CAA as meeting the requirements of section 110(a) and part D.
EPA is publishing this rule without prior proposal because the
Agency views these as noncontroversial amendments 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 August 27, 1999
without further notice unless the Agency receives adverse comments by
July 28, 1999.
If the EPA receives such comments, then EPA will publish a timely
withdrawal in the Federal Register 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 August 27, 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, 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, Executive Order 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 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 officials 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
[[Page 34560]]
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 August 27, 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: May 21, 1999.
Laura K. Yoshii,
Acting 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)(255)(i)(E),
(261) and (262) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(255) * * *
(i) * * *
(E) Placer County Air Pollution Control District.
(1) Rule 102, adopted June 19, 1997.
* * * * *
(261) New and amended regulations for the following APCDs were
submitted on January 12, 1999, by the Governor's designee.
(i) Incorporation by reference.
(A) Monterey Bay Unified Air Pollution Control District.
(1) Rule 101, adopted November 12, 1998.
* * * * *
(262) New and amended regulations for the following APCDs were
submitted on February 16, 1999, by the Governor's designee.
(i) Incorporation by reference.
(A) Bay Area Air Quality Management District.
(1) Regulation 1, adopted on October 7, 1998.
(B) Ventura County Air Pollution Control District.
(1) Rule 2, adopted November 10, 1998.
* * * * *
[FR Doc. 99-16229 Filed 6-25-99; 8:45 am]
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