[Federal Register Volume 65, Number 76 (Wednesday, April 19, 2000)]
[Rules and Regulations]
[Pages 20912-20913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9542]
[[Page 20912]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 214-0232; FRL-6578-6]
Revisions to the California State Implementation Plan, San
Joaquin Valley Unified Air Pollution Control District, Sacramento
Metropolitan Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is finalizing approval of revisions to the San Joaquin
Valley Unified Air Pollution Control District (SJVUAPCD) and Sacramento
Metropolitan Air Quality Management District (SMAQMD) portions of the
California State Implementation Plan (SIP). These revisions were
proposed in the Federal Register on January 26, 2000 and concern
volatile organic compound (VOC) emissions from gasoline transfer into
stationary storage container, delivery vessels and bulk plants, and
from organic chemical manufacturing operations. We are approving local
rules that regulate these emission sources under the Clean Air Act as
amended in 1990 (CAA or the Act).
EFFECTIVE DATE: These rules are effective on May 19, 2000.
ADDRESSES: You can inspect copies of the administrative record for
this action at EPA's Region IX office during normal business hours. You
can inspect copies of the submitted rules at the following locations:
Environmental Protection Agency, Region IX, 75 Hawthorne Street, San
Francisco, CA 94105-3901
Environmental Protection Agency, Air Docket (6102), Ariel Rios
Building, 1200 Pennsylvania Avenue, NW., Washington DC. 20460
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812
San Joaquin Valley Unified Air Pollution Control District, 1999
Tuolumne Street, Suite 200, Fresno, CA 93721
Sacramento Metropolitan Air Quality Management District, 8411 Jackson
Road, Sacramento, CA 95826
FOR FURTHER INFORMATION CONTACT: Max Fantillo, Rulemaking Office (AIR-
4), U.S. Environmental Protection Agency, Region IX, (415) 744-1183.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
I. Proposed Action
On January 26, 2000 (65 FR 4208), EPA proposed to approve the
following rules into the California SIP.
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Rule No.
Local agency # Rule title Adopted Submitted
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SJVUAPCD 4621 Gasoline Transfer into Stationary 06/18/98 08/21/98
Containers, Delivery Vessels, and
Bulk Plants.
SMAQMD 464 Organic Chemical Manufacturing 07/23/98 05/13/99
Operations.
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We proposed to approve these rules because we determined that they
complied with the relevant CAA requirements. Our proposed action
contains more information on the rules and our evaluation.
II. Public Comments and EPA Responses
EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.
III. EPA Action
No comments were submitted that change our assessment that the
submitted rules comply with the relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the Act, EPA is fully approving
these rules into the California SIP.
IV. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. This action
merely approves state law as meeting federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason,
this rule also does not significantly or uniquely affect the
communities of tribal governments, as specified by Executive Order
13084 (63 FR 27655, May 10, 1998). This rule will not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely approves a state rule implementing a federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. This rule also is
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997),
because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing
this rule, EPA has taken the necessary steps to eliminate drafting
errors and ambiguity, minimize potential litigation, and provide a
clear legal standard for affected conduct. EPA has complied with
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the
takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
This rule does not impose an information collection burden under the
provisions of the
[[Page 20913]]
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
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 June 19, 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: March 30, 2000.
Nora McGee,
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 paragraphs (c)(263)(i)(C)(2)
and (c)(273) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(263) * * *
(i) * * *
(C) * * *
(2) Rule 464, adopted on July 23, 1998.
* * * * *
(273) New and amended regulations for the following APCD's were
submitted on August 21, 1998, by the Governor's designee.
(i) Incorporation by reference.
(A) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4621, amended on June 18, 1998.
* * * * *
[FR Doc. 00-9542 Filed 4-18-00; 8:45 am]
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