[Federal Register Volume 65, Number 141 (Friday, July 21, 2000)]
[Rules and Regulations]
[Pages 45294-45296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18431]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 184-0245a; FRL-6734-5]


Revisions to the California State Implementation Plan, Ventura 
County 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 revisions to the 
Ventura County Air Pollution Control District's portion of the 
California State Implementation Plan (SIP). These revisions concern 
volatile organic compound (VOC) emissions from degreasers. We are 
approving local rules that regulate these emission sources under the 
Clean Air Act as amended in 1990 (CAA or the Act).

DATES: This rule is effective on September 19, 2000 without further 
notice, unless EPA receives adverse comments by August 21, 2000. If we 
receive such comment, we will publish a timely withdrawal in the 
Federal Register to notify the public that this rule will not take 
effect.

[[Page 45295]]


ADDRESSES: Mail comments to Andy Steckel, Rulemaking Office Chief (AIR-
4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105-3901.
    You can inspect copies of the submitted SIP revisions and EPA's 
technical support document (TSD) at our Region IX office during normal 
business hours. You may also see copies of the submitted SIP revisions 
at the following locations:

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.
Ventura County Air Pollution Control District, 669 County Square Dr., 
2nd Fl., Ventura, CA 93003-5417.

FOR FURTHER INFORMATION CONTACT: Yvonne Fong, Rulemaking Office (AIR-
4), U.S. Environmental Protection Agency, Region IX, (415) 744-1199.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
II. EPA's Evaluation and Action.
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. Public comment and final action.
III. Background information.
    A. Why were these rules submitted?
IV. Administrative Requirements

I. The State's Submittal

A. What Rules Did the State Submit?

    Table 1 lists the rules we are approving with the dates that they 
were adopted by the local air agency and submitted by the California 
Air Resources Board (CARB).

                                            Table 1.--Submitted Rules
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      Agency              Rule #                   Rule Title                   Adopted            Submitted
----------------------------------------------------------------------------------------------------------------
VCAPCD............  74.6.1............  Cold Cleaners...................  07/09/96..........  10/18/96
VCAPCD............  74.6.2............  Batch Loaded Vapor Degreasers...  07/09/96..........  10/18/96
VCAPCD............  74.6.3............  Conveyorized Degreasers.........  07/09/96..........  10/18/96
----------------------------------------------------------------------------------------------------------------

    On December 19, 1996, these rule submittals were found to meet the 
completeness criteria in 40 CFR part 51 appendix V, which must be met 
before formal EPA review.

B. Are There Other Versions of These Rules?

    There are no previous versions of these rules in the SIP, although 
the VCAPCD adopted earlier versions of these rules on December 10, 
1991, and CARB submitted them to us on June 19, 1992. While we can act 
on only the most recently submitted versions, we have reviewed 
materials provided with previous submittals.

C. What Is the Purpose of the Submitted Rules?

    Rules 74.6.1, 74.6.2, and 74.6.3 set equipment and operating 
requirements for cold cleaners, batch loaded vapor degreasers, and 
conveyorized degreasers. These requirements ensure that these sources 
will be operated in a way which limits VOC emissions. The TSD has more 
information about these rules.

II. EPA's Evaluation and Action

A. How Is EPA Evaluating the Rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the 
Act), must require Reasonably Available Control Technology (RACT) for 
major sources in nonattainment areas (see section 182(a)(2)(A)), and 
must not relax existing requirements (see sections 110(l) and 193). The 
VCAPCD regulates an ozone nonattainment area (see 40 CFR part 81), so 
Rules 74.6.1, 74.6.2, and 74.6.3 must fulfill RACT.
    Guidance and policy documents that we used to define specific 
enforceability and RACT requirements include the following:
    1. Portions of the proposed post-1987 ozone and carbon monoxide 
policy that concern RACT, 52 FR 45044, November 24, 1987.
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations; Clarification to Appendix D of November 24, 1987 Federal 
Register Notice,'' (Blue Book), notice of availability published in the 
May 25, 1988 Federal Register.
    3. The Control Technique Guideline (CTG) entitled, ``Control of 
Volatile Organic Emissions from Solvent Metal Cleaning'' (November 
1977; EPA-450/2-77-022)
    4. The California Air Resources Board (CARB) document entitled, 
``Determination of Reasonably Available Control Technology and Best 
Available Control Technology for Organic Solvent Cleaning and 
Degreasing Operations'' (July 18, 1991).

B. Do the Rules Meet the Evaluation Criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability, RACT, and SIP relaxations. The TSD 
has more information on our evaluation.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted rules because we believe they fulfill all 
relevant requirements. We do not think anyone will object to this, so 
we are finalizing the approval without proposing it in advance. 
However, in the Proposed Rules section of this Federal Register, we are 
simultaneously proposing approval of the same submitted rules. If we 
receive adverse comments by August 21, 2000, we will publish a timely 
withdrawal in the Federal Register to notify the public that the direct 
final approval will not take effect and we will address the comments in 
a subsequent final action based on the proposal. If we do not receive 
timely adverse comments, the direct final approval will be effective 
without further notice on September 19, 2000. This will incorporate 
these rules into the federally enforceable SIP.

III. Background Information

A. Why Were These Rules Submitted?

    VOCs help produce ground-level ozone and smog, which harm human 
health and the environment. Section 110(a) of the CAA requires states 
to submit regulations that control VOC emissions. Table 2 lists some of 
the national milestones leading to the submittal of these local agency 
VOC rules.

[[Page 45296]]



                Table 2.--Ozone Nonattainment Milestones
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                   Date                                 Event
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March 3, 1978.............................  EPA promulgated a list of
                                             ozone nonattainment areas
                                             under the Clean Air Act as
                                             amended in 1977. 43 FR
                                             8964; 40 CFR 81.305.
May 26, 1988..............................  EPA notified Governors that
                                             parts of their SIPs were
                                             inadequate to attain and
                                             maintain the ozone standard
                                             and requested that they
                                             correct the deficiencies
                                             (EPA's SIP-Call). See
                                             section 110(a)(2)(H) of the
                                             pre-amended Act.
November 15, 1990.........................  Clean Air Act Amendments of
                                             1990 were enacted. Pub. L.
                                             101-549, 104 Stat. 2399,
                                             codified at 42 U.S.C. 7401-
                                             7671q.
May 15, 1991..............................  Section 182(a)(2)(A)
                                             requires that ozone
                                             nonattainment areas correct
                                             deficient RACT rules by
                                             this date.
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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 these rules 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 
these rules approve pre-existing requirements under state law and do 
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, 
these rules also do not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). These rules 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 they merely approve state rules implementing a federal 
standard, and do not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. These 
rules also are not subject to Executive Order 13045 (62 FR 19885, April 
23, 1997), because they are 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 rules in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
These rules do not impose an information collection burden under the 
provisions of the 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 these rules 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 rules 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 September 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: June 28, 2000.
Nora L. 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 paragraph (c)(241)(i)(C)(2) 
to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (241) * * *
    (i) * * *
    (C) * * *
    (2) Rules 74.6.1, 74.6.2, and 74.6.3, adopted on July 9, 1996.
* * * * *

[FR Doc. 00-18431 Filed 7-20-00; 8:45 am]
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