[Federal Register Volume 65, Number 23 (Thursday, February 3, 2000)]
[Rules and Regulations]
[Pages 5262-5264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2169]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 234-0l87a; FRL-6529-6]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Kern County, San Diego County, San 
Joaquin Valley Unified County Air Pollution Control Districts and South 
Coast Air Quality Management Districts

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 rules from 
the Kern County Air Pollution Control District (KCAPCD), San Diego 
County Air Pollution Control District (SDCAPCD), San Joaquin Valley 
Unified Air Pollution Control District (SJVUAPCD), and South Coast Air 
Quality Management District (SCAQMD). This approval action will 
incorporate these revisions into the federally approved SIP. The 
intended effect of approving these revisions is to regulate emissions 
of volatile organic compounds (VOCs) in accordance with 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 April 3, 2000 without further notice, 
unless EPA receives adverse comments by March 6, 2000. 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:  Comments must be submitted to Andrew Steckel at Region IX 
office listed below. Copies of the rule, 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 
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 95812
Kern County Air Pollution Control District Southeast Desert, 2700 
``M'' Street, Suite 302, Bakersfield, CA 93301-2370
San Diego County Air Pollution Control District, 9150 Chesapeake 
Dr., San Diego, CA 92123-1096
San Joaquin Valley Unified Air Pollution Control District, 1990 E. 
Gettysburg, Fresno, CA 93726
South Coast Air Quality Management District, 21865 E. Copley Dr., 
Diamond Bar, CA 91765-4182

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 include: KCAPCD 
Rule 102, Definitions; SDCAPCD Rule 2, Definitions; SJVUAPCD Rule 1020, 
Definitions; and SCAQMD Rule 102, Definitions Terms. In addition, 
SDCAPCD Rule 3, Standard Conditions, is being rescinded. The revisions 
were adopted by KCAPCD on July 1, 1999; SDCAPCD on June 30, 1999; 
SJVUAPCD on June 17, 1999; and SCAQMD on April 9, 1999. These rules 
were submitted by the California Air Resources Board to EPA on 
September 7, 1999.

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 KCAPCD, SDCAPCD, 
SJVUAPCD, and SCAQMD. 43 FR 8964, 40 CFR 81.305. In response to section 
110 (a) of the Act and other requirements, KCAPCD, SDCAPCD, SJVUAPCD, 
and SCAQMD submitted many rules which EPA approved into the SIP.
    On February 7, 1996 (61 FR 4588) EPA published a final rule 
excluding perchloroethylene from the definition of VOC. On April 9, 
1998 (63 FR 17331) EPA published a final rule excluding methyl acetate 
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.
    This document addresses EPA's direct-final action for KCAPCD Rule 
102, Definitions; SDCAPCD Rule 2, Definitions and Rule 3, Standard 
Conditions; SJVUAPCD Rule 1020, Definitions; and SCAQMD Rule 102. The 
revised rules were adopted by KCAPCD on July 1, 1999; SDCAPCD on June 
30, 1999; SJVUAPCD on December 17, 1992, and SCAQMD on April 9, 1999. 
These rules were submitted by the California Air Resources Board to EPA 
on September 7, 1999. These rules were found to be complete on October 
20, 1999, 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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    The following are EPA's summary and final action for these rules:

III. EPA Evaluation and Action

    In determining the approvability of a VOC 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, 
which forms the basis for today's action, appears in the 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 Deviations, 
Clarification to Appendix D of November 24, 1987 Federal Register 
document'' (Blue Book)(notice of availability was published in the 
Federal Register on May 25, 1988).

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[[Page 5263]]

    This action is necessary to make the VOC definition in KCAPCD, 
SDCAPCD, SJVUAPCD, and SCAQMD 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 exceedances of the 
ozone health standard by focusing control efforts on compounds which 
are actual ozone precursors.
    KCAPCD Rule 102, Definitions, has been revised to add methyl 
acetate and perchloroethylene to the definition of exempt Volatile 
Organic Compounds. In addition, this revision deletes the following 
definitions, which are no longer used: Alteration, Dusts, Institutional 
Facility, Loading Rack, and Section.
    SDCAPCD Rule 2, Definitions, has been revised to add methyl acetate 
to the definition of exempt Volatile Organic Compounds. In addition, 
this revision adds the following new definitions: 12-Month Period, 
Facility, Military Tactical Support Equipment, PM-2.5, Permit to 
Operate, and Registration. This revision deletes the following 
definitions, which are no longer used: Process Weight and Process 
Weight Per Hour.
    SDCAPCD Rule 3, Standard Conditions, is being rescinded because it 
contains a definition of Standard Conditions which is now included in 
Rule 2, Definitions.
    SJVUAPCD Rule 1020, Definitions, has been revised to add methyl 
acetate to the definition of exempt Volatile Organic Compounds and to 
make clarification changes to the definition of ``Clean Produced 
Water'' in section 3.10.
    SCAQMD Rule 102, Definition of Terms, has been revised to add 
methyl acetate to the definition of exempt Volatile Organic Compounds.
    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations, and EPA policy. 
Therefore, KCAPCD Rule 102, Definitions, SDCAPCD Rule 2, Definitions 
and recision of Rule 3, Standard Conditions, SJVUAPCD Rule 1020, 
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.
    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 April 3, 2000 
without further notice unless the Agency receives adverse comments by 
March 6, 2000.
    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. 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 is 
effective on April 3, 2000 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 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 Executive 
Order 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 
Executive Order 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 
Executive Order 13045 because it is 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 
Executive Order 13084 do not apply to this rule.

[[Page 5264]]

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 3, 2000. 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.

    Dated: January 10, 2000.
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 revising paragraph (c)(41)(ii) 
introductory text, and by adding paragraph (c)(41)(ii)(E) and (c)(269) 
to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (41) * * *
    (ii) San Diego County Air Pollution Control District.
* * * * *
    (E) Previously approved on August 31, 1978 and now deleted without 
replacement Rule 3.
* * * * *
    (269) New and amended regulations for the following APCDs were 
submitted on September 7, 1999, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Kern County Air Pollution Control District.
    (1) Rule 102, adopted on April 18, 1972 and amended on July 1, 
1999.
    (B) San Diego County Air Pollution Control District.
    (1) Rule 2, adopted on June 30, 1999.
    (C) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 1020, adopted on June 18, 1992 and amended on June 17, 
1999.
    (D) South Coast Air Quality Management District.
    (1) Rule 102, adopted on February 4, 1997 and amended on April 9, 
1999.
* * * * *
[FR Doc. 00-2169 Filed 2-2-00; 8:45 am]
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