[Federal Register Volume 63, Number 184 (Wednesday, September 23, 1998)]
[Rules and Regulations]
[Pages 50764-50766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25328]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 206-0095a; FRL-6164-6]


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.

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SUMMARY: EPA is taking direct final action on revisions to the 
California State Implementation Plan. The revisions concern negative 
declarations from the San Diego County Air Pollution Control District 
(SDCAPCD) for nine source categories that emit volatile organic 
compounds (VOC). The SDCAPCD has certified that major sources in these 
source categories are not present in the District and this information 
is being added to the federally approved State Implementation Plan 
(SIP). The intended effect of approving these negative declarations is 
to meet 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.

DATES: This rule is effective on November 23, 1998 without further 
notice, unless EPA receives adverse comments by October 23, 1998. If 
EPA receives such comment, it will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Written comments may be mailed to Andrew Steckel, Rulemaking 
Office, Air Division, (AIR-4) at the address below. Copies of the 
submitted negative declarations are available for public inspection at 
EPA's Region IX office and also at the following locations during 
normal business hours.

Rulemaking Office (AIR-4), Air Division, U.S. Environmental Protection 
Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105
Air Docket (6102), U.S. Environmental Protection Agency, 401 ``M'' 
Street, SW, Washington, DC 20460
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812
San Diego County Air Pollution Control District, 9150 Chesapeake Drive, 
San Diego, CA 92123-1096

FOR FURTHER INFORMATION CONTACT: Julie A. Rose, Rulemaking Office (AIR-
4), Air Division, U.S. Environmental Protection Agency, 75 Hawthorne 
Street, San Francisco, CA 94105, Telephone: (415) 744-1184.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The revisions being approved as additional information for the 
California SIP include nine negative declarations for VOC source 
categories from the SDCAPCD: (1) Synthetic organic chemical 
manufacturing (SOCMI)--distillation, (2) SOCMI--reactors, (3) wood 
furniture, (4) plastic parts coatings (business machines), (5) plastic 
parts coatings (other), (6) offset lithography, (7) industrial 
wastewater, (8) autobody refinishing, and (9) volatile organic liquid 
storage. These negative declarations were submitted by the California 
Air Resources Board (CARB) to EPA on February 25, 1998.

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 SDCAPCD within the San 
Diego Area (SDA). 43 FR 8964, 40 CFR 81.305. Because this area was 
unable to meet the statutory attainment date of December 31, 1982, 
California requested under section 172 (a)(2), and EPA approved, an 
extension of the attainment date to December 31, 1987.

[[Page 50765]]

(40 CFR 52.222). On May 26, 1988, EPA notified the Governor of 
California, pursuant to section 110(a)(2)(H) of the 1977 Act, that the 
above district's 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). On November 15, 1990, the 
Clean Air Act Amendments of 1990 were enacted. Pub. L. 101-549, 104 
Stat. 2399, codified at 42 U.S.C. 7401-7671q.
    In amended section 182(b)(2) of the CAA, Congress statutorily 
adopted the requirement that States must develop reasonably available 
control technology (RACT) rules for VOC sources ``covered by a Control 
Techniques Guideline (CTG) document issued by the Administrator between 
November 15, 1990 and the date of attainment.'' On April 28, 1992, in 
the Federal Register, EPA published a CTG document which indicated 
EPA's intention to issue CTGs for eleven source categories and EPA's 
requirement to prepare CTGs for two additional source categories within 
the same time frame. This CTG document established time tables for the 
submittal of a list of applicable sources and the submittal of RACT 
rules for those major sources for which EPA had not issued a CTG 
document by November 15, 1993. The CTG specified that states were 
required to submit RACT rules by November 15, 1994 for those categories 
for which EPA had not issued a CTG document by November 15, 1993.
    Section 182(b)(2) applies to areas designated as nonattainment 
prior to enactment of the amendments and classified as moderate or 
above as of the date of enactment. The SDA is classified as serious; 
1 therefore, SDA was subject to the post-enactment CTG 
requirement and the November 15, 1994 deadline. For source categories 
not represented within the portions of the SDA designated nonattainment 
for ozone, EPA requires the submission of a negative declaration 
certifying that major sources are not present.
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    \1\ San Diego Area retained its designation of nonattainment and 
was classified by operation of law pursuant to sections 107(d) and 
181(a) upon the date of enactment of the CAA. See 55 FR 56694 
(November 6, 1991). The San Diego Area was reclassified from severe 
to serious on January 19, 1995. See 60 FR 3771.
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    The SDCAPCD negative declarations were adopted on October 22, 1997 
and submitted by the State of California on February 25, 1998. The 
SDCAPCD negative declarations were found to be complete on April 7, 
1998 pursuant to EPA's completeness criteria that are set forth in 40 
CFR Part 51, Appendix V 2 and are being finalized for 
approval into the SIP as additional information.
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    \2\  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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    This document addresses EPA's direct final action for the SDCAPCD 
negative declarations for the following VOC categories: (1) Synthetic 
organic chemical manufacturing (SOCMI)--distillation, (2) SOCMI--
reactors, (3) wood furniture, (4) plastic parts coatings (business 
machines), (5) plastic parts coatings (other), (6) offset lithography, 
(7) industrial wastewater, (8) autobody refinishing, and (9) volatile 
organic liquid storage. The submitted negative declarations represent 
nine of the thirteen source categories listed in EPA's CTG document. 
3 Of the nine submitted negative declarations, SDCAPCD has 
approved SIP regulations for minor sources in five source categories: 
wood furniture, plastic parts coating (other), offset lithography, 
autobody refinishing, and volatile organic liquid storage.
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    \3\ SDCAPCD has submitted RACT rules for three other major 
source categories: Aerospace, SOCMI Batch Processing, and 
Shipbuilding. The fourth category, Clean Up Solvents, is represented 
in each separate Reasonably Available Control Technology rule in the 
SDCAPCD SIP.
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    The submitted negative declarations certify that there are no major 
VOC sources in these source categories located inside the SDCAPCD. VOCs 
contribute to the production of ground level ozone and smog. These 
negative declarations were adopted as part of SDCAPCD's effort to meet 
the requirements of section 182(b)(2) of the CAA.

III. EPA Evaluation and Action

    In determining the approvability of a negative declaration, EPA 
must evaluate the declarations for consistency with the requirements of 
the CAA and EPA regulations, as found in section 110 of the CAA and 40 
CFR part 51 (Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans).
    An analysis of SDCAPCD's emission inventory revealed that there are 
no major sources of VOC emissions from: SOCMI--distillation, SOCMI--
reactors, wood furniture, plastic parts coatings (business machines), 
plastic parts coatings (other), offset lithography, industrial 
wastewater, autobody refinishing, and volatile organic liquid storage. 
SDCAPCD's review of their permit files also indicated that major 
sources in these source categories do not exist in the SDCAPCD. In a 
document adopted on October 22, 1997, SDCAPCD certified that SDCAPCD 
does not have any major stationary sources in these source categories 
located within the federal ozone nonattainment planning area.
    EPA has evaluated these negative declarations and has determined 
that they are consistent with the CAA, EPA regulations, and EPA policy. 
SDCAPCD's negative declarations for the VOC sources listed above are 
being approved under section 110(k)(3) of the CAA as meeting the 
requirements of section 110(a) and Part D.
    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, the EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This action will be effective November 23, 
1998, without further notice unless the Agency receives adverse 
comments by October 23, 1998.
    If the EPA receives such comments, then EPA will publish a timely 
withdrawal in the Federal Register 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 November 23, 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 (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 12866, entitled 
``Regulatory Planning and Review.''
    The 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

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities.

[[Page 50766]]

Small entities include small businesses, small not-for-profit 
enterprises, and small governmental jurisdictions. This final rule will 
not have a significant impact on a substantial number of small entities 
because 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 create any new requirements, I certify 
that this action will not have a significant economic impact on a 
substantial number of small entities. Moreover, due to the nature of 
the Federal-State relationship under the Clean Air Act, preparation of 
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 
annual 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 annual 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 
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 Comptroller General

    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 November 23, 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, 
Intergovernmental relations, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: September 8, 1998.
Felicia Marcus,
Regional Administrator, Region IX.

    Subpart F of 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 52.222 is being amended by adding paragraph (a)(5) to 
read as follows:


Sec. 52.222  Negative declarations.

    (a) * * *
    (5) San Diego County Air Pollution Control District. (i) Synthetic 
organic chemical manufacturing (distillation), synthetic organic 
chemical manufacturing (reactors), wood furniture, plastic parts 
coatings (business machines), plastic parts coatings (other), offset 
lithography, industrial wastewater, autobody refinishing, and volatile 
organic liquid storage were submitted on February 25, 1998 and adopted 
on October 22, 1997.
* * * * *
[FR Doc. 98-25328 Filed 9-22-98; 8:45 am]
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