[Federal Register Volume 63, Number 154 (Tuesday, August 11, 1998)]
[Rules and Regulations]
[Pages 42724-42726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21349]
[[Page 42724]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 184-0086a FRL-6137-9]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, San Diego 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 a revision to the
California State Implementation Plan. The revision concerns a rule from
the San Diego Air Pollution Control District (SDAPCD). This approval
action will incorporate this rule into the federally approved SIP. The
intended effect of approving this rule 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
rule controls VOC emissions from organic solvents. Thus, EPA is
finalizing the approval of this revision 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 October 13, 1998 without further
notice, unless EPA receives relevant adverse comments by September 10,
1998. If EPA receives such comment, EPA 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 this 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
San Diego Air Pollution Control District, 9150 Chesapeake Drive, San
Diego, CA 92123-1096
FOR FURTHER INFORMATION CONTACT: Yvonne Fong, Rulemaking Office (AIR-
4), Air Division, U.S. Environmental Protection Agency, Region IX, 75
Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1199.
SUPPLEMENTARY INFORMATION:
I. Applicability
SDAPCD Rule 66, Organic Solvents is being approved into the
California SIP. This rule was submitted by the California Air Resources
Board (CARB) to EPA on October 18, 1996.
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 San Diego 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 district's portion of the California SIP was 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. Pub. L. 101-549, 104
Stat. 2399, codified at 42 U.S.C. 7401-7671q. The San Diego Area is
classified as serious.1
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\1\ The San Diego Area retained its designation of nonattainment
and was classified by operation of law pursuant to sections 107(d)
and 181(a) upon the date of enactment of the CAA as a severe ozone
nonattainment area. See 56 FR 56694 (November 6, 1991). The San
Diego area was subsequently reclassified as a serious ozone
nonattainment area on January 19, 1995. See 60 FR 3771.
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The State of California submitted many rules for incorporation into
its SIP on October 18, 1996, including the rule being acted on in this
document. This document addresses EPA's direct-final action for SDAPCD
Rule 66, Organic Solvents. The SDAPCD adopted Rule 66 on July 25, 1995.
This submitted rule was found to be complete on December 19, 1996
pursuant to EPA's completeness criteria that are set forth in 40 CFR
part 51, Appendix V 2 and is being finalized for approval
into the SIP.
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\2\ 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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Rule 66 controls the emission of VOCs from organic solvent use.
VOCs contribute to the production of ground level ozone and smog. This
rule was originally adopted as part of the SDAPCD's effort to achieve
the National Ambient Air Quality Standard (NAAQS) for ozone and in
response to EPA's SIP-Call and the section 110(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 ``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). In general, this guidance document
has been set forth to ensure that VOC rules are fully enforceable and
strengthen or maintain the SIP.
On July 12, 1990, EPA approved into the SIP a version of Rule 66,
Organic Solvents that had been adopted by SDAPCD on September 17, 1985.
SDAPCD's submitted Rule 66, Organic Solvents includes the following
significant changes from the current SIP:
Section d of the SIP rule which prohibits the use of
photochemically reactive solvents to thin or reduce coatings has been
removed. No coating sources in San Diego are subject to Rule 66.
Coating sources within SDAPCD are now subject to source specific rules.
Sections e, f, g, l, m, n, q, r, and s of the SIP rule
which pertain to degreasing, drycleaning, and marine coating operations
have been removed. These sources are now respectively covered by Rules
67.6, 67.8, and 67.18.
Section i of the SIP rule which allows sources to discard,
dump, or otherwise dispose of up to 1.5 gallons of photochemically
reactive compounds per day has been removed.
Section j of the submitted rule which contains a boiling
point cutoff in the definition for organic solvents has been altered to
allow for compliance determination via an ASTM test method.
An exemption for sources that install and use Best
Available Control Technology or Lowest Achievable Emission Rate control
technology pursuant to the New Source Review rules has been added under
Section n6 of the submitted rule.
Section o of the submitted rule contains new recordkeeping
[[Page 42725]]
requirements for sources subject to the rule.
Section p of the submitted rule requires the use of test
methods suitable for determining compliance with the rule.
EPA has evaluated the submitted rule and has determined that it is
consistent with the CAA, EPA regulations, and EPA policy. Therefore,
SDAPCD Rule 66, Organic Solvents is 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
relevant adverse comments be filed. This rule will be effective October
13, 1998 without further notice unless the Agency receives relevant
adverse comments by September 10, 1998.
If the EPA receives such comments, then EPA will publish a document
withdrawing the 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 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 rule
will be effective on October 13, 1998 and no further action will be
taken on this action.
IV. Administrative Requirements
A. Executive Orders 12866 and 13045
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order (E.O.) 12866 review.
The proposed and final rules are not subject to E.O. 13045,
entitled ``Protection of Children from Environmental Health Risks and
Safety Risks,'' because it is not an ``economically significant''
action under E.O. 12866.
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
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. versus
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
the 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
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).
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 October 13, 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; July 27, 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.
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Subpart F--California
2. Section 52.220 is amended by adding paragraph (c)(241)(i)(A)(3)
to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(241) * * *
(i) * * *
(A) * * *
(3) Rule 66, adopted on July 1, 1972, revised on July 25, 1995.
* * * * *
[FR Doc. 98-21349 Filed 8-10-98; 8:45 am]
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