[Federal Register Volume 66, Number 196 (Wednesday, October 10, 2001)]
[Rules and Regulations]
[Pages 51566-51568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25263]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 235-0296; FRL-7066-9]


Revisions to the California State Implementation Plan, Tehama 
County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing a limited approval of a revision to the 
Tehama County Air Pollution Control District (TCAPCD) portion of the 
California State Implementation Plan (SIP). This action was proposed in 
the Federal Register on November 19, 1999 and concerns volatile organic 
compound (VOC) emissions from organic solvents. Under authority of the 
Clean Air Act as amended in 1990 (CAA or the Act), this action 
incorporates a local rule that regulates these emission sources into 
the federally approved SIP.

EFFECTIVE DATE: This rule is effective on November 9, 2001.

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 SIP revision 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, 1001 ``I'' Street, Sacramento, CA 95814.
Tehama County Air Pollution Control District, 1750 Walnut Street, P.O. 
Box 38, Red Bluff, CA 96080.

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.

I. Proposed Action

    On November 19, 1999 (64 FR 63268), EPA proposed a limited approval 
of the following rule that was submitted for incorporation into the 
California SIP.

----------------------------------------------------------------------------------------------------------------
                Local agency                   Rule No.             Rule title             Adopted    Submitted
----------------------------------------------------------------------------------------------------------------
TCAPCD......................................       4.22  Industrial Use of Organic         08/04/87     11/19/87
                                                          Solvents.
----------------------------------------------------------------------------------------------------------------


[[Page 51567]]

    We proposed a limited approval because we determined that this rule 
improves the SIP and is largely consistent with the relevant CAA 
requirements. As authorized under section 110(k)(3), EPA is 
simultaneously finalizing a limited disapproval of this rule. This 
limited disapproval, although not specifically stated in the proposed 
rule, is implied by the limited approval. Some rule provisions conflict 
with section 110 and part D of the Act. These provisions include the 
following:
    1. A director's discretion to choose and approve test methods to 
determine conformance.
    2. The absence of specified test methods or monitoring protocols.
    3. A lack of record keeping provisions.
    Our proposed action contains more information on the basis for this 
rulemaking and on our evaluation of the submittal.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period. 
During this period, we did not receive any comments.

III. EPA Action

    Our assessment of the rule as described in our proposed action is 
unchanged. Therefore, as authorized in sections 110(k)(3) and 301(a) of 
the Act, EPA is finalizing a limited approval of the submitted rule. 
This action incorporates the submitted rule into the California SIP, 
including those provisions identified as deficient. As authorized under 
section 110(k)(3), EPA is simultaneously finalizing a limited 
disapproval of this rule. This limited disapproval, although not 
specifically stated in the proposed rule, is implied by the limited 
approval. No sanctions under section 179 are associated with this final 
action, because control of these sources is not required for attainment 
of the NAAQS. Note that the submitted rule has been adopted by the 
TCAPCD, and EPA's final limited disapproval does not prevent the local 
agency from enforcing it.

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. For this 
reason, this action is also not subject to Executive Order 32111, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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). This rule also does not 
have a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it 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 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 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 December 10, 2001. 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, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: September 7, 2001.
Mike Schulz,
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:


[[Page 51568]]


    Authority: 42 U.S.C. 4701 et seq.

Subpart F--California

    2. Section 52.220 is amended by adding paragraphs (c) 
(175)(i)(B)(2) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (175) * * *
    (i) * * *
    (B) * * *
    (2) Rule 4.22, adopted on August 4, 1987.
* * * * *

[FR Doc. 01-25263 Filed 10-9-01; 8:45 am]
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