[Federal Register Volume 63, Number 119 (Monday, June 22, 1998)]
[Rules and Regulations]
[Pages 33854-33855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16408]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 198-0077; FRL-6112-5]


Approval and Promulgation of State Implementation Plans; 
California State Implementation Plan Revision; San Diego County Air 
Pollution Control District; San Joaquin Valley Unified Air Pollution 
Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is finalizing the approval of revisions to the California 
State Implementation Plan (SIP) proposed in the Federal Register on 
October 10, 1997, and March 30, 1998. The revisions concern San Diego 
County Air Pollution Control District (SDCAPCD) Rule 67.10 and San 
Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) Rule 
4401. SDCAPCD Rule 67.10 controls volatile organic compound (VOC) 
emissions from kelp processing and bio-polymer manufacturing 
operations, and SJVUAPCD Rule 4401 controls VOC emissions from steam-
enhanced crude oil production well vents. This final action will 
incorporate these rules into the Federally-approved SIP and will also 
permanently stop the sanctions and Federal implementation plan clocks 
that were started on February 14, 1996, and September 27, 1996, 
respectively, when EPA published final limited disapproval actions for 
the State's previous submittals of these rules. The intended effect of 
approving these rules is to regulate emissions of VOCs in accordance 
with the requirements of the Clean Air Act, as amended in 1990 (CAA or 
the Act). 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.

EFFECTIVE DATE: This action is effective on July 22, 1998.

ADDRESSES: Copies of these rules 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 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, 
S.W., Washington, D.C. 20460.
San Diego County Air Pollution Control District, 9150 Chesapeake Drive, 
San Diego, CA 92123-1096.
San Joaquin Valley Unified Air Pollution Control District, 1999 
Tuolumne Street, Suite 200, Fresno, CA 93721.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.

FOR FURTHER INFORMATION CONTACT: For questions regarding SDCAPCD Rule 
67.10, contact Patricia Bowlin, Rulemaking Office, (AIR-4), Air 
Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105, telephone: (415) 744-1188. For 
questions on SJVUAPCD Rule 4401, contact Mae Wang at the same address, 
telephone: (415) 744-1200.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The rules being approved into the California State Implementation 
Plan (SIP) are San Diego County Air Pollution Control District 
(SDCAPCD) Rule 67.10, Kelp Processing and Bio-Polymer Manufacturing 
Operations, and San Joaquin Valley Unified Air Pollution Control 
District (SJVUAPCD) Rule 4401, Steam-enhanced Crude Oil Production Well 
Vents. These rules were submitted by the California Air Resources Board 
(CARB) to EPA on August 1, 1997, and March 10, 1998, respectively.

II. Background

    On October 10, 1997, in 62 FR 52959, EPA proposed to approve 
SDCAPCD Rule 67.10, Kelp Processing and Bio-Polymer Manufacturing 
Operations, into the California SIP. Rule 67.10 was adopted by SDCAPCD 
on June 25, 1997. The rule was submitted by CARB to EPA on August 1, 
1997. On March 30, 1998, in 63 FR 15116, EPA proposed to approve 
SJVUAPCD Rule 4401, Steam-enhanced Crude Oil Production Well Vents, 
into the California SIP. Rule 4401 was adopted by SJVUAPCD on January 
15, 1998, and was submitted by CARB to EPA on March 10, 1998. Both 
rules were submitted in response to EPA's 1988 SIP-Call and the 1990 
Clean Air Act (CAA or the Act) section 182(a)(2)(A) requirement that 
nonattainment areas fix their reasonably available control technology 
(RACT) rules for ozone in accordance with EPA guidance that interpreted 
the requirements of the pre-amendment Act. A detailed discussion of the 
background for each rule is provided in the appropriate proposed 
rulemaking document cited above.
    EPA has evaluated the above rules for consistency with the 
requirements of the CAA and EPA regulations and EPA interpretation of 
these requirements as expressed in the various EPA policy guidance 
documents referenced in the proposed rulemaking documents cited above. 
EPA has found that the rules meet the applicable EPA requirements. A 
detailed discussion of the rule provisions and evaluation has been 
provided in each proposed rulemaking and in the technical support 
documents available at EPA's Region IX office.

III. Response to Public Comments

    A 30-day public comment period was provided in 62 FR 52959 and 63 
FR 15116. No comments were received.

IV. EPA Action

    EPA is finalizing action to approve the above rules for inclusion 
into the California SIP. EPA is approving the rules under section 
110(k)(3) as meeting the requirements of section 110(a) and Part D of 
the CAA. This approval action will incorporate these rules into the 
Federally-approved SIP and will also stop the sanctions process and 
Federal implementation plan clocks, which were started on February 14, 
1996, and September 27, 1996, when limited disapproval actions were 
published in the Federal Register. The intended effect of approving 
these rules is to regulate emissions of volatile organic compounds 
(VOCs) in accordance with the requirements of the CAA.
    The final action on these rules serves as a final determination 
that the deficiencies in these rules have been corrected. Therefore, on 
July 22, 1998, any sanction or Federal implementation plan clock is 
permanently stopped.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation

[[Page 33855]]

plan shall be considered separately in light of specific technical, 
economic, and environmental factors, and in relation to relevant 
statutory and regulatory requirements.

V. Administrative Requirements

A. Executive Orders 12866 and 13045

    The Office of Management and Budget has exempted this regulatory 
action from Executive Order (E.O.) 12866 review.
    This final rule is 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. 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 August 21, 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: June 9, 1998.
David Howekamp,
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) (248) and (c) 
(254) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (248) New and amended regulations for the following APCDs were 
submitted on August 1, 1997, by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Diego County Air Pollution Control District.
    (1) Rule 67.10 adopted June 25, 1997.
* * * * *
    (254) New and amended regulations for the following APCDs were 
submitted on March 10, 1998 by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4401 adopted January 15, 1998.

[FR Doc. 98-16408 Filed 6-19-98; 8:45 am]
BILLING CODE 6560-50-P