[Federal Register Volume 63, Number 160 (Wednesday, August 19, 1998)]
[Rules and Regulations]
[Pages 44397-44399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22319]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 009-0090a FRL-6142-3]


Approval and Promulgation of State Implementation Plans; 
California State Implementation Plan Revision; 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 Ventura County Air Pollution Control District (VCAPCD). This 
action will remove these rules from the Federally approved SIP. The 
intended effect of this action is to remove rules from the SIP that are 
no longer in effect in VCAPCD, in accordance with the requirements of 
the Clean Air Act, as amended in 1990 (CAA or the Act). Thus, EPA is 
finalizing the removal of these rules from 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 19, 1998, without further 
notice, unless EPA receives adverse comments by September 18, 1998. If 
EPA receives such comment, then it 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 these rules, along with 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 requests for rescission are also 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
Ventura County Air Pollution Control District, 669 County Square Drive, 
Bakersfield, CA 93003

FOR FURTHER INFORMATION CONTACT: Mae Wang, Rulemaking Office (AIR-4), 
Air Division, U.S. Environmental Protection Agency, Region IX, 75 
Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1200.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The VCAPCD rules being removed from the California SIP include: 
Rule 61, Effluent Oil Water Separators, adopted July 5, 1983; Rule 65, 
Gasoline Specifications, adopted May 23, 1972; and Rule 66, Organic 
Solvents, adopted on June 24, 1975. These rules were repealed by VCAPCD 
on October 4, 1988, October 22, 1985, and July 9, 1996, respectively, 
and submitted by the California Air Resources Board (CARB) to EPA on 
March 26, 1990, June 4, 1986, and October 18, 1996, respectively, for 
removal from the SIP.

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 Ventura County Area. 
43 FR 8964, 40 CFR 81.305. The rules being addressed in this action 
were originally adopted by the VCAPCD as part of VCAPCD's efforts to 
achieve the National Ambient Air Quality Standard (NAAQS) for ozone. 
These rules were originally adopted to control volatile organic 
compound (VOC) emissions from oil water separators, motor vehicle 
fuels, and organic solvents. Since the adoption of these rules, the 
VCAPCD has adopted other rules that regulate the same sources covered 
by Rule 61 and Rule 66. The requirements in Rule 65 are covered by 
statewide regulations. VCAPCD subsequently repealed these three rules 
because they had been replaced by the provisions contained in other 
rules. These other rules have all been approved into the Federally 
enforceable SIP. As a result, VCAPCD submitted requests to EPA, through 
CARB, for the removal of Rule 61, Rule 65, and Rule 66 from the 
California SIP.

III. EPA Action

    The VCAPCD rules that are being rescinded by today's action are 
listed below. EPA previously approved all these rules into the 
California SIP:


[[Page 44398]]


--Rule 61, Effluent Oil Water Separators, adopted July 5, 1983, 
submitted October 16, 1985, approved April 17, 1987 (52 FR 12522).
--Rule 65, Gasoline Specifications, adopted May 23, 1972, submitted 
November 3, 1975, approved August 15, 1977 (42 FR 41121).
--Rule 66, Organic Solvents, adopted on June 24, 1975, submitted 
November 3, 1975, approved August 15, 1977 (42 FR 41121).

    EPA is publishing this notice 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 this SIP revision should 
adverse comments be filed. This rule will be effective October 19, 
1998, without further notice unless the Agency receives adverse 
comments by September 18, 1998.
    If EPA receives such comments, then EPA will publish a document 
withdrawing this 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 rule. Any parties interested 
in commenting on this rule should do so at this time. If no such 
comments are received, the public is advised that this rule will be 
effective on October 19, 1998 and no further action will be taken on 
the proposed rule.

IV. Administrative Requirements

A. Executive Orders 12866 and 13045

    The Office of Management and Budget has exempted this regulatory 
action from review under Executive Order (E.O.) 12866.
    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 economic 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.
    The SIP revisions in this rule do not create any new requirements, 
but simply remove previously-approved SIP requirements that are no 
longer in effect in the VCAPCD. Therefore, because this SIP revision 
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 regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
CAA forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S. Ct. 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 mandate that may result in estimated costs of $100 million or 
more to state, local, or tribal governments in the aggregate, or to the 
private sector. This Federal action removes from the SIP outdated 
requirements under state or local law, and imposes no new Federal 
requirements. Accordingly, no additional costs to state, local, or 
tribal governments, or to 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 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: August 3, 1998.
David P. 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)(29)(vi)(B) 
and (c)(164)(i)(C)(3) to read as follows:


Sec. 52.220  Identification of Plan.

* * * * *
    (c) * * *
    (29) * * *
    (vi) * * *
    (B) Previously approved on August 15, 1977 and now deleted without 
replacement Rules 65 and 66.
* * * * *
    (164) * * *

[[Page 44399]]

    (i) * * *
    (C) * * *
    (3) Previously approved on April 17, 1987 and now deleted without 
replacement Rule 61.
* * * * *
[FR Doc. 98-22319 Filed 8-18-98; 8:45 am]
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