[Federal Register Volume 63, Number 47 (Wednesday, March 11, 1998)]
[Rules and Regulations]
[Pages 11831-11833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5850]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA-011-0063; FRL-5966-8]


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.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action on revisions to the 
California State Implementation Plan. The revisions concern rules for 
San Diego County Air Pollution Control District (SDCAPCD or District). 
This approval action will incorporate these rules into the federally 
approved State Implementation Plan (SIP). The intended effect of 
approving these rules is to regulate emissions of volatile organic 
compounds (VOCs), oxides of nitrogen (NOX) and other 
pollutants in accordance with the requirements of the Clean Air Act, as 
amended in 1990 (CAA of the Act). These revisions consist of 
administrative and minor changes to ten rules that have been previously 
incorporated into the federal approved SIP. 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 action is effective on May 11, 1998 unless adverse or 
critical comments are received by April 10, 1998. If the effective date 
is delayed, timely notice will be published in the Federal Register.

ADDRESSES: Comments must be submitted to Andrew Steckel at the Region 
IX address listed. Copies of the rule revisions 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 95814
San Diego County Air Pollution Control District, 9150 Chesapeake Drive, 
San Diego, CA 92123-1096

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: SDCAPCD 
Rule 10, Permits Required, submitted on March 3, 1997; Rule 17, 
Cancellation of Application, submitted on March 1, 1982; Rule 19, 
Provision of Sampling and Testing Facilities, submitted on November 18, 
1993; Rule 21, Permit Conditions, submitted March 26, 1997; Rule 61.7, 
Spillage and Leakage of VOC and Rule 61.8, Certification of 
Requirements for Vapor Control Equipment, submitted on June 9, 1987; 
and Rule 101, Definitions (Open Burning), Rule 102, Open Fires, Western 
Section, Rule 103, Open Fires, Eastern Section, and Rule 108, Burning 
Conditions, submitted on December 31, 1990.

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 San Diego, see 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 
San Diego county 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). In response to the SIP call 
and other requirements, the SDCAPCD submitted many rules which EPA 
approved into the SIP.
    This document addresses EPA's direct-final action for the following 
SDCAPCD rules: Rule 10, Permits Required; Rule 17, Cancellation of 
Applications; Rule 19, Provision of Sampling and Testing Facilities; 
Rule 21, Permit Conditions; Rule 61.7, Spillage and Leakage of VOC; 
Rule 61.8, Certification of Requirements for Vapor Control Equipment; 
Rule 101, Definitions (Open Burning); Rule 102, Open Fires, Western 
Section; Rule 103, Open Fires, Eastern Section; and Rule 108, Burning 
Conditions. These rules were adopted by SDCAPCD on November 25, 1981 
(Rule 17), March 1, 1982 (Rule 17), January 13, 1987 (Rules 61.7 and 
61.8), March 27, 1990 (Rules 101, 102, 103, and 108), April 4, 1993 
(Rule 19), November 29, 1994 (Rule 21), and July 25, 1995 (Rule 10), 
and submitted by the State of California for incorporation into its SIP 
on June 9, 1987 (Rules 61.7 and 61.8), December 31, 1990 (Rules 101, 
102, 103, and 108), November 18, 1993 (Rule 19), March 3, 1997 (Rule 
10), and March 26, 1997 (Rule 21). These rules were found to be 
complete on August 6 and 12, 1997 (Rules 21 and 10, respectively), 
December 27, 1993 (Rule 19) and February 28, 1991 (Rules 101, 102, 103, 
and 108), pursuant to EPA's completeness criteria that are set forth

[[Page 11832]]

in 40 CFR part 51, Appendix V 1 and are being finalized for 
approval into the SIP. These rules were originally adopted as part of 
SDCAPCD's efforts to achieve the National Ambient Air Quality Standards 
(NAAQS) for ozone and in response to EPA's SIP-Call and the section 
182(a)(2)(A) CAA requirement.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    The following is EPA's evaluation 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 
appears in various EPA policy guidance documents.2

    \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 Deviation, 
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).
---------------------------------------------------------------------------

    EPA previously reviewed many rules from the SDCAPCD and 
incorporated them into the federally approved SIP pursuant to section 
110(k)(3) of the CAA. Those rules that are being superseded and/or 
deleted 3 by today's action are as follows:
---------------------------------------------------------------------------

    \3\ Listed rules are superseded unless designated as deleted.

Rule 10, Permits (submitted 07/19/83, 08/15/80, and 06/30/72)
Rule 12, Transfer (submitted 06/30/72)
Rule 13, Compliance Time (submitted 06/30/72)
Rule 17, Cancellation of Applications (submitted 06/02/80)
Rule 19, Provision of Sampling and Testing Facilities (submitted 9/5/
80)
Rule 21, Permit Conditions (submitted 05/28/81)
Rule 55, Exceptions (submitted 07/25/73)
Rule 61.7, Spillage and Leakage of VOC (submitted 05/23/79)
Rule 61.8, Certification Requirements for Vapor Control Equipment 
(submitted 10/19/84)
Rule 101, Definitions (submitted 10/23/81)
Rule 102, Open Fires--Western Section (submitted 10/23/81)
Rule 103, Open Fires--Eastern Section (submitted 10/23/81)
Rule 108, Burning Conditions (submitted 07/25/73)

    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations, and EPA policy. 
Therefore, SDCAPCD Rule 10, Permits Required; Rule 17, Cancellation of 
Applications; Rule 19, Provision of Sampling and Testing Facilities; 
Rule 21, Permit Conditions; Rule 61.7, Spillage and Leakage of VOC; 
Rule 61.8, Certification of Requirements For Vapor Control Equipment; 
Rule 101, Definitions (Open Burning); Rule 102, Open Fires, Western 
Section; Rule 103, Open Fires Eastern Section; and Rule 108, Burning 
Conditions, 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 document 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 11, 1998, unless, by April 10, 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 document 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 11, 1998.

IV. Administrative Requirements

A. Executive Order 12866

    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 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 
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

[[Page 11833]]

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 May 11, 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: February 2, 1998.
Felicia Marcus,
Regional Administrator, EPA, 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)(6)(i)(C), 
(c)(21)(vi)(C), (c)(121)(ii)(C), (c)(173)(i)(E), (c)(182)(i)(E), 
(c)(194)(i)(E)(2), (c)(244)(i)(B), and (c)(245)(i)(B), and adding and 
reserving paragraph (c)(21)(vi)(B), to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (6) * * *
    (i) * * *
    (C) Previously approved on September 22, 1972 and now deleted 
without replacement, Rules 12 and 13.
* * * * *
    (21) * * *
    (vi) * * *
    (B) [Reserved]
    (C) Previously approved on May 11, 1977 and now deleted without 
replacement, Rule 55.
* * * * *
    (121) * * *
    (ii) * * *
    (C) Amended Rule 17, adopted on November 25, 1981.
* * * * *
    (173) * * *
    (i) * * *
    (E) San Diego County Air Pollution Control District.
    (1) Amended Rules 61.7 and 61.8, adopted on January 13, 1987.
* * * * *
    (182) * * *
    (i) * * *
    (E) San Diego County Air Pollution Control District.
    (1) Amended Rules 101, 102, 103, and 108, adopted March 27, 1990.
* * * * *
    (194) * * *
    (i) * * *
    (E) * * *
    (2) Amended Rule 19, adopted April 6, 1993.
* * * * *
    (244) * * *
    (i) * * *
    (B) San Diego County Air Pollution Control District.
    (1) Amended Rule 10, adopted July 25, 1995.
    (245) * * *
    (i) * * *
    (B) San Diego County Air Pollution Control District.
    (1) Amended Rule 21, adopted November 29, 1994.
* * * * *
[FR Doc. 98-5850 Filed 3-10-98; 8:45 am]
BILLING CODE 6560-50-P