[Federal Register Volume 64, Number 26 (Tuesday, February 9, 1999)]
[Rules and Regulations]
[Pages 6226-6228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2791]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 194-0125a; FRL-6226-5]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision; Monterey Bay Unified Air Pollution 
Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
California State Implementation Plan (SIP). The revision concerns 
Monterey Bay Unified Air Pollution Control District's (MBUAPCD) Rule 
430. This rule controls emissions of volatile organic compounds (VOC) 
from leather processing operations. This action will incorporate the 
rule into the Federally approved SIP. The intended effect of approving 
this rule is to regulate emissions of VOC in accordance with the 
requirements of the Clean Air Act, as amended in 1990 (CAA or the Act). 
EPA is finalizing the approval of this revision into the California SIP 
under provisions of the CAA regarding EPA action on SIP submittals, and 
SIPs for national primary and secondary ambient air quality standards.

DATES: This direct final rule is effective on April 12, 1999, without 
further notice, unless EPA receives adverse comments by March 11, 1999. 
If EPA receives such comments, then 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 Andrew Steckel at the 
Region IX office listed below. Copies of the rule revision 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 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, 
SW., Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812.
Monterey Bay Unified Air Pollution Control District, Rule Development, 
24580 Silver Cloud Ct., Monterey, CA 93940-6536.

FOR FURTHER INFORMATION CONTACT: Andrew Steckel, Rulemaking Office 
(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX, 
75 Hawthorne Street, San Francisco, CA 94105-3901, Telephone: (415) 
744-1191.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The rule being approved into the California SIP includes MBUAPCD's 
Rule 430, Leather Processing Operations. This rule was submitted by the 
California Air Resources Board (CARB) to EPA on March 26, 1997.

II. Background

    On November 15, 1990, the Clean Air Act Amendments of 1990 (CAA or 
the Act) were enacted. Pub. L. 101-549, 104 Stat. 2399, codified at 42 
U.S.C. 7401-7671q. 40 CFR part 81.305 provides the attainment status 
designations for air districts in California. MBUAPCD is listed as 
being in attainment for the National Ambient Air Quality Standards 
(NAAQS) for ozone; therefore stationary sources in the air district are 
not subject to the Reasonably Available Control Technology (RACT) 
requirements of section 182(b)(2).
    On March 26, 1997, the State of California submitted to EPA 
MBUAPCD's Rule 430, Leather Processing Operations which was amended by 
MBUAPCD on January 15, 1997. This submitted 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. By today's document, EPA is taking 
direct final action to approve this submittal. This final action will 
incorporate this rule into the Federally approved SIP.
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    \1\ EPA adopted the completeness criteria on February 16, 1990 
(55 FR 5824) 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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    VOC emissions contribute to the production of ground level ozone 
and smog. MBUAPCD's Rule 430 controls emissions of VOC from leather 
processing operations. The rule was adopted as part of MBUAPCD's effort 
to maintain attainment of the National Ambient Air Quality Standards 
(NAAQS) for ozone. The following is EPA's evaluation and final action 
for this rule.

III. EPA Evaluation and Action

    In determining the approvability of a VOC rule, EPA must evaluate 
the rule

[[Page 6227]]

for consistency with the requirements of the CAA and EPA regulations, 
as found in section 110 and 40 CFR part 51 (Requirements for 
Preparation, Adoption and Submittal of Implementation Plans) 
respectively. The EPA interpretation of these requirements, which forms 
the basis for this action, appears in various EPA policy guidance 
documents. Among these provisions is the requirement that a VOC rule 
must, at a minimum, provide for the implementation of RACT for 
stationary sources of VOC emissions in areas designated as 
nonattainment for ozone. Since MBUAPCD is in attainment for ozone, RACT 
requirements do not apply.
    While MBUAPCD is in attainment with the ozone NAAQS, the emission 
limits and enforceability elements such as applicability, test methods, 
recordkeeping, and compliance determinations are still appropriate as 
part of the MBUAPCD's ozone attainment plan.
    On October 25, 1995, EPA approved into the SIP a previous version 
of Rule 430, Leather Processing Operations that had been adopted by 
MBUAPCD on May 25, 1994. MBUAPCD's submitted Rule 430, Leather 
Processing Operations, includes the following significant changes from 
the current SIP:
     A lower exemption level of sources from 100 tons per year 
(tpy) of VOC to 20 tpy;
     Deletion of extraneous provisions (i.e., obsolete 
effective dates, obsolete VOC limits, and unnecessary definitions);
     Revised and new reference to other related District rules;
     Revised and new definitions;
     VOC limits using the metric system; and
     Clarification of application and test methods, and other 
requirements of the rule.
    A more detailed discussion can be found in the Technical Support 
Document (TSD) for Rule 430, dated January 4, 1999.
    EPA has evaluated the submitted rule and has determined that it is 
consistent with the CAA, EPA regulations and EPA policy. Therefore, 
MBUAPCD's Rule 430, Leather Processing Operations, 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 request for 
revision to any State 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 April 
12, 1999 without further notice unless the Agency receives adverse 
comments by March 11, 1999.
    If the EPA received 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 action should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on April 12, 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 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.

[[Page 6228]]

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 April 12, 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, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compound.

    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: January 14, 1999.
Felicia Marcus,
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)(245)(i)(C)(1) 
to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (245) * * *
    (i) * * *
    (C) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 430, amended on January 15, 1997.
* * * * *
[FR Doc. 99-2791 Filed 2-8-99; 8:45 am]
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