[Federal Register Volume 63, Number 216 (Monday, November 9, 1998)]
[Rules and Regulations]
[Pages 60214-60216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29965]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 210-0103a FRL-6185-1]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Sacramento Metropolitan 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 definition of volatile organic compounds (VOC) 
and updates the Exempt Compound list in rules from the Sacramento 
Metropolitan Air Quality Management District (SMAQMD). The intended 
effect of approving this action is to incorporate changes to the 
definition of VOC and to update the Exempt Compound list in SMAQMD 
rules to be consistent with the revised federal and state VOC 
definitions.

DATES: This rule is effective on January 8, 1999, without further 
notice, unless EPA receives adverse comments by December 9, 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 must be submitted to Cynthia G. Allen at 
the Region IX office listed below. Copies of the rule revisions 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 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 95812
Sacramento Metropolitan Air Quality Management District, 8411 Jackson 
Rd., Sacramento, CA 95826

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 with definition revisions being approved into the 
California SIP include the following SMAQMD Rules: Rule 101, General 
Provisions and Definitions; Rule 442, Architectural Coatings; Rule 443, 
Leaks From Synthetic Organic Chemical and Polymer Manufacturing; Rule 
447, Organic Liquid Loading; Rule 452, Can Coating; Rule 456, Aerospace 
Assembly and Component Coating Operations; and Rule 458, Large 
Commercial Bread Bakeries. These rules were submitted by the California 
Air Resources Board to EPA on May 18, 1998.

[[Page 60215]]

II. Background

    On June 16, 1995 (60 FR 31633) EPA published a final rule excluding 
acetone from the definition of VOC. On February 7, 1996 (61 FR 4588) 
EPA published a final rule excluding perchloroethylene from the 
definition of VOC. On October 8, 1996 (61 FR 52848) EPA published a 
final rule excluding HFC 43-10mee and HCFC 225ca and cb from the 
definition of VOC. These compounds were determined to have negligible 
photochemical reactivity and thus, were added to the Agency's list of 
Exempt Compounds.
    The State of California submitted many revised rules for 
incorporation into its SIP on May 18, 1998, including the rules being 
acted on in this administrative action. This action addresses EPA's 
direct-final action for SMAQMD Rule 101, General Provisions and 
Definitions; Rule 442, Architectural Coatings; Rule 443, Leaks From 
Synthetic Organic Chemical and Polymer Manufacturing; Rule 447, Organic 
Liquid Loading; Rule 452, Can Coating; Rule 456, Aerospace Assembly and 
Component Coating Operations; Rule 458, Large Commercial Bread 
Bakeries. Sacramento Metropolitan AQMD adopted these rules on September 
5, 1996. These submitted rules were found to be complete on July 17, 
1998, 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.
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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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    This administrative revision adds acetone, perchloroethylene, HFC 
43-10mee and HCFC 225ca and cb to the list of compounds which make a 
negligible contribution to tropospheric ozone formulation. Thus, EPA is 
finalizing the approval of the revised definitions to be incorporated 
into the California SIP for the attainment of the national ambient air 
quality standards (NAAQS) for ozone under Title I of the Clean Air Act 
(CAA or the Act).

III. EPA Evaluation and Action

    This administrative action is necessary to make the VOC definition 
in SMAQMD rules consistent with federal and state definitions of VOC. 
This action will result in more accurate assessment of ozone formation 
potential, will remove unnecessary control requirements and will assist 
States in avoiding exceedences of the ozone health standard by focusing 
control efforts on compounds which are actual ozone precursors.
    The SMAQMD rules being affected by this action to revise the 
definition of VOC include:

Rule 101--General Provisions and Definitions
Rule 442--Architectural Coatings
Rule 443--Leaks From Synthetic Organic Chemical and Polymer 
Manufacturing
Rule 447--Organic Liquid Loading
Rule 452--Can Coating
Rule 456--Aerospace Assembly and Component Coating Operations
Rule 458--Large Commercial Bread Bakeries

    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 
adverse comments be filed. This rule will be effective January 8, 1999, 
without further notice unless the Agency receives adverse comments by 
December 9, 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 January 8, 1999, 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 Executive Order (E.O.) 12866, entitled 
``Regulatory Planning and Review.''

B. Executive Order 12875

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a state, local, or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If the mandate is unfunded, EPA must provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected state, local, and tribal 
governments, the nature of their concerns, copies of written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, E.O. 12875 requires EPA to 
develop an effective process permitting elected officials and other 
representatives of state, local, and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.''
    Today's rule does not create a mandate on state, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. Accordingly, the requirements of section 1(a) of E.O. 12875 
do not apply to this rule.

C. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    This rule is not subject to E.O. 13045 because it does not involve 
decisions intended to mitigate environmental health or safety risks.

D. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected and

[[Page 60216]]

other representatives of Indian tribal governments ``to provide 
meaningful and timely input in the development of regulatory policies 
on matters that significantly or uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. 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. 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).

F. 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.

G. 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).

H. 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 January 8, 1999. 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: October 26, 1998.
Sally Seymour,
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 paragraph (c)(255)(i)(A)(2) 
to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (255) * * *
    (i) * * *
    (A) * * *
    (2) Rules 101, 442, 443, 447, 452, 456, and 458, adopted on 
September 5, 1996.
* * * * *
[FR Doc. 98-29965 Filed 11-6-98; 8:45 am]
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