[Federal Register Volume 64, Number 58 (Friday, March 26, 1999)]
[Rules and Regulations]
[Pages 14624-14626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7422]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 207-0074, FRL-6307-1]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Santa Barbara County Air Pollution 
Control District and South Coast 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 definitions in Santa Barbara County Air 
Pollution Control District (SBCAPCD) Rule 102, Definitions, and South 
Coast Air Quality Management District (SCAQMD) Rule 102, Definition of 
Terms. The intended effect of approving this action is to incorporate 
changes to the definitions for clarity and consistency with revised 
federal and state definitions.

DATES: This rule is effective on May 26, 1999, without further notice, 
unless EPA receives adverse comments by April 26, 1999. 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 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 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, 
S.W., Washington, D.C. 20460
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814
Santa Barbara County Air Pollution Control District, 26 Castilian Drive 
B-23, Goleta, California 93117
South Coast Air Quality Management District, 21865 E. Copley Drive, 
Diamond Bar, CA 91765

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 being approved into the California SIP are: SBCAPCD Rule 
102, Definitions, submitted on March 10, 1998 and SCAQMD Rule 102, 
Definition of Terms, submitted on March 10, 1998, by the California Air 
Resources Board.

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 Santa Barbara County and 
the South Coast Air Basin, see 43 FR 8964, 40 CFR 81.305. On May 26, 
1988, EPA notified the Governor of California, pursuant to section 
110(a)(2)(H) of the 1977 Act, that the Santa Barbara County APCD and 
South Coast AQMD portions of the California SIP were inadequate to 
attain and maintain the ozone standard and requested that deficiencies 
in the existing SIP be corrected (EPA's SIP-Call). In response to the 
SIP call and other requirements, the SBCAPCD and SCAQMD submitted many 
rules which EPA approved into the SIP.
    This document addresses EPA's direct-final action for SBCAPCD Rule 
102, Definitions, and SCAQMD Rule 102, Definition of Terms. These rules 
were adopted by SBCAPCD and SCAQMD on April 17, 1997 and June 13, 1997, 
respectively, and submitted by the State of California for 
incorporation into its SIP on March 10, 1998. These rules were found to 
be complete on May 21, 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. These rules were originally 
adopted as part of SBCAPCD and SCAQMD's efforts to achieve the National 
Ambient Air Quality Standards (NAAQS) for ozone and in response to 
EPA's SIP-Call and the section 182(a)(2)(A) CAA requirement.
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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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    The following is EPA's evaluation and final action for these rules.

III. EPA Evaluation and Action

    In determining the approvability of a rule, EPA must evaluate the 
rule for consistency with the requirements of the CAA and EPA 
regulations, as found in section 110 and part D of the CAA and 40 CFR 
part 51 (Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans). The EPA interpretation of these requirements 
appears in various EPA policy guidance documents.2
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    \2\ Among other things, the pre-amendment guidance consists of 
those portions of the proposed post-1987 ozone and carbon monoxide 
policy that concern RACT, 52 FR 45044 (November 24, 1987); ``Issues 
Relating to VOC Regulation Cutpoints, Deficiencies, and Deviation, 
Clarification to Appendix D of November 24, 1987 Federal Register 
Notice'' (Blue Book) (notice of availability was published in the 
Federal Register on May 25, 1988); and the existing control 
technique guidelines (CTGs).
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    EPA previously reviewed many rules from the SBCAPCD and SCAQMD 
agencies and incorporated them into the federally approved SIP pursuant 
to section 110(k)(3) of the CAA. The following revisions were made in 
SBCAPCD and SCAQMD definitions rule.

Santa Barbara County APCD

    Rule 102 has been revised to add new and amended definitions which 
apply to the entire rule book. Among the more significant new 
definitions are: Actual Emission Reductions, Affected Pollutants, Air 
Quality Impact Analysis, Air Quality Related Value, Attainment 
Pollutant, Authority to Construct, Baseline Air Quality, Best Available 
Control Technology, Best Available Retrofit Control Technology, 
California Coastal Waters, CFR, Class I Area, Class I Impact Area, 
Class II Area, Clean Air Act, Construction, Contiguous Property, 
Emission Reduction Credit, Emission Reduction Credit Certificate, 
Emission Unit, Federally Enforceable, Fugitive Emission, Hazardous Air 
Pollutant, Large Source, Major Modified Stationary Source, Major 
Stationary Source, Medium Source, Nonattainment Pollutant, Open Burning 
in Agricultural Operations, Outer Continental Shelf Source, Pollutant, 
Portable Internal Combustion Engine, Potential to Emit, Precursor, 
Quarterly, Reasonable

[[Page 14625]]

Further Progress, Reconstructed Source, Secondary Emissions, Small 
Source, Stationary Source, Installation, ``Building, Structure, or 
Facility'', Common Operations, Total Suspended Particulates, and Zones 
of Santa Barbara County. These definitions are not expected to change 
substantive requirements.

South Coast AQMD

    Rule 102 has been revised to add tetrachloroethylene 
(perchloroethylene), 3,3-dichloro-1,1,1,2,2,-pentafluoropropane (HCFC 
225ca), 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC 225cb), and 
1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC-43-10mee) to the ``Exempt 
Compound'' definition. Perchloroethylene is being added as a Group II 
Exempt Compound. The other three compounds are being added to the list 
of Group I Exempt Compounds. Definitions for ``Clean Air Solvent'' and 
``Ozone Depleting Compounds'' are being added to Rule 102. The addition 
of these two definitions is administrative and is not expected to 
change substantive requirements.
    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations, and EPA policy. 
Therefore, SBCAPCD Rule 102, Definitions and SCAQMD Rule 102, 
Definition of Terms, are being approved under section 110(k)(3) of the 
CAA as meeting the requirements of section 110(a) and part D. Future 
action by EPA on prohibitory, new source review, or other SBCAPCD rules 
may require changes to these definitions.
    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 May 26, 
1999 without further notice unless the Agency receives relevant adverse 
comments by April 26, 1999.
    If the EPA received such comments, then EPA will publish a document 
withdrawing the 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 May 26, 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, Regulatory 
Planning and Review.

B. Executive Order 12875

    Under Executive Order 12875, Enhancing the Intergovernmental 
Partnership, 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, or 
EPA consults with those governments. If EPA complies by consulting, 
Executive Order 12875 requires EPA to 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 any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 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 Executive Order 13084, Consultation and Coordination with 
Indian Tribal Governments, EPA may not issue a regulation that is not 
required by statute, that significantly 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, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to 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 officials 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. 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

[[Page 14626]]

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 May 26, 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: February 23, 1999.
Felicia Marcus,
Regional Administrator, Region IX.
    Part 52, Chapter I, Title of 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)(254)(i)(C) 
and (c)(254)(i)(D) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (254) * * *
    (i) * * *
    (C) Santa Barbara County Air Pollution Control District.
    (1) Rule 102 amended on April 17, 1998.
    (D) South Coast Air Quality Management District.
    (1) Rule 102 amended on June 13, 1997.
* * * * *
[FR Doc. 99-7422 Filed 3-25-99; 8:45 am]
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