[Federal Register Volume 63, Number 54 (Friday, March 20, 1998)]
[Rules and Regulations]
[Pages 13529-13531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7004]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA-169-0065; FRL-5974-6]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, South Coast Air Quality Management 
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. This action is an administrative 
change which revises the definitions in South Coast Air Quality 
Management District (SCAQMD or District) Rule 102, Definition of Terms. 
The intended effect of approving this action is to incorporate changes 
to the definitions for clarity and consistency with revised Federal and 
state definitions.

DATES: This action is effective on May 19, 1998 unless adverse or 
critical comments are received by April 20, 1998. If the effective date 
is delayed, timely notice will be published in the Federal Register.

ADDRESSES: Comments must be submitted to Andrew Steckel, Rulemaking 
Office (AIR-4), Air Division, U.S. Environmental Protection Agency, 
Region 9, 75 Hawthorne Street, San Francisco, CA 94105-3901.
    Copies of the rule revisions and EPA's evaluation report 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, 
SW., Washington, DC 20460.
    California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 L Street, Sacramento, CA 95814
    South Coast Air Quality Management District, 21865 E. Copley Drive, 
Diamond Bar, CA 91765.

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 rule being approved into the California SIP is: SCAQMD Rule 
102, Definition of Terms, submitted on March 26, 1996, by the 
California Air Resources Board.

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 South Coast, 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 
South Coast AQMD 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 SCAQMD submitted many rules which EPA 
approved into the SIP.
    This document addresses EPA's direct-final action for the following 
SCAQMD rule: Rule 102, Definition of Terms. This rule was adopted by 
SCAQMD on November 17, 1995, and submitted by the State of California 
for incorporation into its SIP on March 26, 1996. This rule was found 
to be complete on August 6, 1997, 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. This rule was 
originally adopted as part of SCAQMD'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.
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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 is EPA's evaluation and final action for this rule.

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

 Los Angeles County Rule 2, Definitions (submitted 6/30/72)
 Orange County Rule 2, Definitions (submitted 6/30/72)
 Riverside County Rule 2, Definitions (submitted 2/21/72 and 
6/30/72)
 San Bernardino County Rule 2, Definitions (submitted 2/21/
72)
 South Coast Air Quality Management District Rule 102, 
Definition of Terms (submitted 2/10/77, 10/13/77, and 6/22/78)


[[Page 13530]]


    EPA has evaluated the submitted rule and has determined that it is 
consistent with the CAA, EPA regulations, and EPA policy. Therefore, 
SCAQMD Rule 102, Definition of Terms, 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 May 19, 
1998 without further notice unless the Agency receives relevant adverse 
comments by April 20, 1998.
    If the EPA received such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule did 
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 the proposed rule. Any parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on May 19, 1998 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 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 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 May 19, 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 13, 1998.
Laura Yoshii,
Acting Regional Administrator, EPA, Region IX.

    Part 52, chapter I, title of 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 paragraph (c)(230)(i)(B)(2) 
to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (230) * * *
    (i) * * *
    (B) * * *

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    (2) Rule 102 amended on November 17, 1995.
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[FR Doc. 98-7004 Filed 3-19-98; 8:45 am]
BILLING CODE 6560-50-F