[Federal Register Volume 67, Number 166 (Tuesday, August 27, 2002)]
[Rules and Regulations]
[Pages 54963-54965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21285]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 268-0360; FRL-7263-8]


Determination of Attainment of the 1-Hour Ozone Standard for the 
Santa Barbara County Area, CA

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In this rulemaking, EPA is finalizing its determination that 
the Santa Barbara County area has attained the 1-hour ozone air quality 
standard by the deadline required by the Clean Air Act (CAA). EPA is 
also finalizing its approval of the 1-hour ozone contingency measures 
as revisions to the Santa Barbara portion of the California State 
Implementation Plan (SIP).

EFFECTIVE DATE: This rule is effective on September 26, 2002.

ADDRESSES: You can inspect copies of the docket for this action at 
EPA's Region 9 office during normal business hours. You can inspect 
copies of the submitted SIP revision at the following locations:

U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105-
3901.
California Air Resources Board, 1001 I Street, Sacramento, CA 95814
Santa Barbara County Air Pollution Control District, 26 Castilian 
Drive, Suite B-23, Goleta, CA 93117


FOR FURTHER INFORMATION CONTACT: Dave Jesson, EPA Region 9, (415) 972-
3957, or [email protected].

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

I. Proposed Action

    On July 1, 2002 (67 FR 44128), we proposed to find that the Santa 
Barbara County nonattainment area (``Santa Barbara area'') had attained 
the 1-hour ozone national ambient air quality standard (NAAQS) by the 
applicable deadline of November 15, 1999. We also proposed to approve 
under CAA section 110(k)(3) the contingency measures in Santa Barbara's 
2001 Clean Air Plan, as shown below in ``Table 1--Contingency 
Measures.''

                                         Table 1.--Contingency Measures
                                    [Source: 2001 Clean Air Plan, Table 4-3]
----------------------------------------------------------------------------------------------------------------
                                                                                          Emission reductions in
                                                                                            tons per day (with
     Rule No.        CAP control measure         Description          Adoption schedule    full implementation)
                             ID                                                          -----------------------
                                                                                              VOC         NOX
----------------------------------------------------------------------------------------------------------------
323...............  R-SC-1..............  Architectural Coatings    2001-2003                 0.0998      0
                                           (Revision).
333...............  N-IC-1..............  Stationary IC Engines...  2002-2003                 0.0008      0.0128
                    N-IC-3..............
360...............  N-XC-2..............  Large Water Heaters &     2001-2003                 0       \1\ 0.133
                                           Small Boilers, Steam
                                           Generators, Process
                                           Heaters (75,000 Btu/hr
                                           to <2 MMBtu/hr).
321...............  R-SL-1..............  Solvent Degreasers        2004-2006                 0.0562      0
                                           (Revision).
362...............  R-SL-2..............  Solvent Cleaning          2004-2006                 1.0103      0
                                           Operations.
363...............  N-IC-2..............  Gas Turbines............  2004-2006                 0           0
358...............  R-SL-4..............  Electronic Industry--     2007-2009             \2\ 0.0026      0
                                           Semiconductor
                                           Manufacturing.

[[Page 54964]]

 
361...............  N-XC-4..............  Small Industrial and      2007-2009                 0       \3\ 0.0028
                                           Commercial Boilers,
                                           Steam Generators, and
                                           Process Heaters (2
                                           MMBtu/hr to <5 MMBtu/
                                           hr).
----------------------------------------------------------------------------------------------------------------
\1\ This is with 15% implementation, the highest implementation figure available from the Santa Barbara County
  Air Pollution Control District's analysis.
\2\ The data shown is for source classification code (SCC) number 3-13-065-06 only. The emission data for the
  SCC numbers and the category of emission source (CES) numbers subject to Rule 358 are included in the Rule 321
  or Rule 361 emission reduction summaries.
\3\ The emission reductions shown are based on Rule 361 being a point-of-sale type rule.

    The proposed action contains more information on the attainment 
finding, the Santa Barbara contingency measures, and our evaluation.

II. Public Comments

    We received no public comments on the proposed action.

III. EPA Action

    Under CAA section 181(b)(2)(A), we are finalizing our finding that 
Santa Barbara has attained the 1-hour ozone NAAQS by the applicable 
deadline. We are also approving the contingency measures identified in 
Table 1, under CAA section 110(k)(3).

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 finds 
that an area has attained a previously-established national ambient air 
quality standard based on an objective review of measured air quality 
data. As such, the action 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 
(Pub. L. 104-4).
    This rule also does not have tribal implications because it 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 finds that an area has attained 
applicable air quality standards, 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, 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (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. 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 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 October 28, 2002. 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, Carbon monoxide, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.


[[Page 54965]]


    Dated: August 8, 2002.
Keith Takata,
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)(298) to read 
as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (298) New and amended contingency measures for the following APCDs 
were submitted on May 29, 2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Santa Barbara County Air Pollution Control District.
    (1) 2001 Clean Air Plan Contingency Control Measures R-SC-1 
(Architectural Coatings); N-IC-1 and N-IC-3 (Control of Emissions from 
Reciprocating Internal Combustion Engines); N-XC-2 (Large Water Heaters 
and Small Boilers, Steam Generators, and Process Heaters); R-SL-2 
(Solvent Degreasers) [incorrectly identified as CAP Control Measure R-
SL-1 in Table 4-3, ``Proposed APCD Control Measures'']; R-SL-2 (Solvent 
Cleaning Operations); N-IC-2 (Gas Turbines); R-SL-4 (Electronic 
Industry--Semiconductor Manufacturing); N-XC-4 (Small Industrial and 
Commercial Boilers, Steam Generators, and Process Heaters), adopted on 
November 15, 2001.
* * * * *
[FR Doc. 02-21285 Filed 8-26-02; 8:45 am]
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