[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:

------------------------------------------------------------------------
                      Rule                          Adopted    Submitted
------------------------------------------------------------------------
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
------------------------------------------------------------------------

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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