[Federal Register Volume 67, Number 140 (Monday, July 22, 2002)]
[Rules and Regulations]
[Pages 47701-47703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18398]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 261-0362a; FRL-7247-8]


Revisions to the California State Implementation Plan, San 
Joaquin Valley Unified 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 
San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) 
portion of the California State Implementation Plan (SIP). These 
revisions concern volatile organic compound (VOC) emissions from 
organic solvents, organic solvent degreasing operations and organic 
solvent cleaning, storage and disposal. 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 direct final rule is effective on September 20, 2002, 
without further notice, unless EPA receives adverse comments by August 
21, 2002. 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.

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 documents (TSDs) 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, 1001 ``I'' Street, Sacramento, CA 95814.
San Joaquin Valley Unified Air Pollution Control District, 1990 E. 
Gettysburg, Fresno, CA 93726.

FOR FURTHER INFORMATION CONTACT: Charnjit Bhullar, Rulemaking Office 
(AIR-4), U.S. Environmental Protection Agency, Region IX, (415) 972-
3960.

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. EPA Recommendations To Further Improve the Rules
    D. Public Comment and Final Action
III. Background Information
    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 agencies and submitted by the California 
Air Resources Board (CARB).

                                            Table 1.--Submitted Rules
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              Local agency                Rule No.              Rule title                Adopted     Submitted
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SJVUAPCD...............................       4661  Organic Solvents..................     12/20/01     02/20/02
SJVUAPCD...............................       4662  Organic Solvent Degreasing             12/20/01     02/20/02
                                                     Operations.
SJVUAPCD...............................       4663  Organic Solvent Cleaning, Storage,     12/20/01     02/20/02
                                                     and Disposal.
----------------------------------------------------------------------------------------------------------------

    On March 15, 2002, 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 Rules 4662 and 4663 in the SIP, 
although the SJVUAPCD adopted earlier versions of rule 4661 on December 
9, 1999, and CARB submitted it to us on February 23, 2000. We approved 
this version of Rule 4661 into the SIP on August 29, 2000. The SJVUAPCD

[[Page 47702]]

adopted revisions to the SIP-approved version of rule 4661 and adopted 
rules 4662 and 4663 on December 20, 2001 and CARB submitted them to us 
on February 20, 2002. The SJVUAPCD previously adopted rule 4662 on 
December 17, 1992 and CARB submitted it to us on July 23, 1999. The 
SJVUAPCD again adopted rule 4662 on April 19, 2001 and CARB submitted 
it to us on October 30, 2001. The EPA did not act on previous two 
submittals of rule 4662. While we can act on only the most recently 
submitted version, we have reviewed materials provided with previous 
submittals.

C. What Is the Purpose of the Submitted Rules?

    Rule 4661 regulates emissions of VOCs from a variety of sources and 
controls emissions of VOCs by limiting the amount of organic solvents 
that may be released into the atmosphere. This rule applies to any 
source operation that uses organic solvents and is not exempted by any 
other district rule(s). Rule 4662 controls emissions by limiting VOCs 
from organic solvent degreasing operations. This rule applies to all 
organic solvent degreasing operations except cleaning outside a 
degreaser. Rule 4663 controls emissions by limiting VOCs from organic 
solvent cleaning and from storage and disposal of solvents and waste 
solvent materials. This rule applies to any organic solvent cleaning 
performed outside a degreaser during the production, repair, 
maintenance, or servicing of parts, products, tools, machinery, 
equipment, or in general work areas at stationary sources. It also 
applies to the storage and disposal of all solvents and waste solvent 
materials at stationary sources. The technical support documents (TSDs) 
have 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 
SJVUAPCD regulates an ozone nonattainment area (see 40 CFR part 81), so 
Rules 4661, 4662, and 4663 must fulfill RACT.
    Guidance and policy documents that we used to help evaluate 
specific enforceability and RACT requirements consistently include the 
following:
    1. Issues Relating to VOC Regulation, Cut Points, Deficiencies, and 
Deviations: Clarifications to Appendix D of November 24, 1987 Federal 
Register. EPA, May 25, 1988 (the ``Blue Book'').
    2. Control of Volatile Organic Emissions from Solvent Metal 
Cleaning. EPA-450/2-77-022, November 1977.
    3. Determination of Reasonably Available Control Technology and 
Best Available Control Technology for Organic Solvent Cleaning and 
Degreasing operations. CARB, July 18, 1991.
    4. Guidance Document for Correcting VOC Rule Deficiencies. EPA 
Region IX, August 21, 2001 (the ``Little Blue Book'').

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 TSDs 
have more information on our evaluation.

C. EPA Recommendations To Further Improve the Rules

    The TSDs describe additional rule revisions that do not affect 
EPA's current action but are recommended for the next time the local 
agency modifies the rules.

D. 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 
approval, so we are finalizing it 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, 2002, 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 20, 2002. This will incorporate 
these rules into the federally enforceable SIP.
    Please note that if we receive adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, we may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

III. Background Information

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.

                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. For this 
reason, this action is also not subject to Executive Order 13211, 
``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 these rules will not have 
a significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility

[[Page 47703]]

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, they do 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).
    These rules also do not have tribal implications because they will 
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). This action also does not have Federalism 
implications because it does 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). This action 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. These rules also are not subject to Executive Order 13045, 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (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. 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 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 September 20, 2002. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of these rules 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, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: July 2, 2002.
Wayne Nastri,
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)(294)(i)(A)(4) 
to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (294) * * *
    (i) * * *
    (A) * * *
    (4) Rule 4661, adopted on May 21, 1992 and amended on December 20, 
2001, Rule 4662, adopted April 11, 1991 and amended on December 20, 
2001, and Rule 4663, adopted on December 20, 2001.
* * * * *
[FR Doc. 02-18398 Filed 7-19-02; 8:45 am]
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