[Federal Register Volume 69, Number 182 (Tuesday, September 21, 2004)]
[Rules and Regulations]
[Pages 56355-56357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21179]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 307-0466a; FRL-7812-2]


Revisions to the California State Implementation Plan, Antelope 
Valley Air Quality Management 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 
Antelope Valley Air Quality Management District portion of the 
California State Implementation Plan (SIP). Under authority of the 
Clean Air Act as amended in 1990 (CAA or the Act), we are approving the 
rescission from the California SIP of local rules that address Metal 
Container, Closure and Coil Coating Operations, Magnet Wire Coating 
Operations, Volatile Organic Compound Emissions from Resin 
Manufacturing, Surfactant Manufacturing, and the accompanying negative 
declarations.

DATES: This rule is effective on November 22, 2004 without further 
notice, unless EPA receives adverse comments by October 21, 2004. If we 
receive such comments, we will publish a timely withdrawal in the 
Federal Register to notify the public that this direct final rule will 
not take effect.

ADDRESSES: Send comments to Andy Steckel, Rulemaking Office Chief (AIR-
4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105-3901 or e-mail to 
[email protected], or submit comments at http://www.regulations.gov.
    You can inspect copies of the submitted SIP revisions, EPA's 
technical support documents (TSDs), and public comments at our Region 
IX office during normal business hours by appointment. You may also see 
copies of the submitted SIP revisions by appointment at the following 
locations:

Air and Radiation Docket and Information Center, U.S. Environmental 
Protection Agency, Room B-102, 1301 Constitution Avenue, NW., (Mail 
Code 6102T), Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814.
Antelope Valley Air Quality Management District, 43301 Division 
Street, Suite 206, Lancaster, CA 93539-4409

    A copy of the rules may also be available via the Internet at 
http://www.arb.ca.gov/drdb/drdbltxt.htm. Please be advised that this is 
not an EPA Web site and may not contain the same version of the rule 
that was submitted to EPA.

FOR FURTHER INFORMATION CONTACT: Julie A. Rose, EPA Region IX, (415) 
947-4126, [email protected].

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

Table of Contents

I. The State's Submittal
    A. What rule rescissions did the State submit?
    B. Are there other versions of these rules?

[[Page 56356]]

    C. What is the purpose of the submitted rule rescissions?
II. EPA's Evaluation and Action.
    A. How is EPA evaluating the rule rescissions?
    B. Do the rule rescissions meet the evaluation criteria?
    C. Public comment and final action.
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What Rule Rescissions Did the State Submit?

    Table 1 lists the rule rescissions and negative declarations we are 
approving with the dates that they were adopted by the Antelope Valley 
Air Quality Management District (AVAQMD) and submitted by the 
California Air Resources Board (CARB).

                                      Table 1.--Submitted Rule Rescissions
----------------------------------------------------------------------------------------------------------------
              Local agency                 Rule No.              Rule title               Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
AVAQMD..................................      1125    Metal Container, Closure and         02/17/04     06/03/04
                                                       Coil Coating.
AVAQMD..................................      1126    Magnet Wire Coating Operations..     02/17/04     06/03/04
AVAQMD..................................      1141    Control of Volatile Organic          03/16/04     07/19/04
                                                       Compound Emissions from Resin
                                                       Manufacturing.
AVAQMD..................................      1141.2  Surfactant Manufacturing........     03/16/04     07/19/04
----------------------------------------------------------------------------------------------------------------

    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 on June 30, 2004 and August 10, 2004, respectively.

B. Are There Other Versions of These Rules?

    There are no previous rescissions or negative declarations for 
Rules 1125, 1126, 1141, and 1141.2 in the SIP.

C. What Is the Purpose of the Submitted Rule Rescissions?

    Section 110(a) of the CAA requires states to submit regulations 
that control volatile organic compounds, oxides of nitrogen, 
particulate matter, and other air pollutants which harm human health 
and the environment. These rules were originally developed as part of 
the South Coast Air Quality Management District's (SCAQMD) program to 
control volatile organic compounds (VOC). The SCAQMD rules applied to 
the portion of Los Angeles County located in the Mojave Desert Air 
Basin, known as the Antelope Valley. On July 1, 1997 the AVAQMD was 
formed, pursuant to statute and assumed the duties and powers of the 
SCAQMD in the Antelope Valley. The AVAQMD remains subject to the RACT 
requirements. The AVAQMD has rescinded Rules 1125, 1126, 1141, and 
1141.2 and submitted negative declarations to certify that there are no 
sources regulated by these rules within the jurisdiction of the AVAQMD. 
Therefore, the rules are being rescinded and negative declarations were 
adopted to fulfil the requirements of section 182(b)(2) of the Act. The 
TSD has more information about these rules.

II. EPA's Evaluation and Action

A. How Is EPA Evaluating the Rule Rescissions?

    EPA has evaluated all the appropriate background and submittal 
documentation and has determined that the rescission of Rules 1125, 
1126, 1141, and 1141.2 is approvable. The AVAQMD has certified with 
Negative Declarations that the sources regulated by these rules are not 
present in the AVAQMD. Further, the AVAQMD also stated that they do not 
anticipate these types of sources in the future.
    The rule rescissions are consistent with the CAA, EPA regulations 
and EPA policy.

B. Do the Rule Rescissions Meet the Evaluation Criteria?

    We believe these rule rescissions and negative declarations are 
consistent with the relevant policy and guidance. 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 
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 October 21, 2004, 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 November 22, 2004. This will incorporate 
these rule rescissions into the Federally enforceable SIP.

III. Statutory and Executive Order Reviews

    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 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

[[Page 56357]]

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. 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 November 22, 2004. 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, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: August 26, 2004.
Wayne Nastri,
Regional Administrator, Region IX.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for Part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(156)(vii)(B), 
(189)(i)(A)(8), and (215)(i)(A)(7) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (156) * * *
    (vii) * * *
    (B) Previously approved on January 15, 1987 in paragraph 
(c)(156)(vii)(A) of this section and now deleted without replacement 
for implementation in the Antelope Valley Air Quality Management 
District Rule 1141.2.
* * * * *
    (189) * * *
    (i) * * *
    (A) * * *
    (8) Previously approved on December 20,1993 in paragraph 
(c)(189)(i)(A)(3) of this section and now deleted without replacement 
for implementation in the Antelope Valley Air Quality Management 
District Rule 1141.
* * * * *
    (215) * * *
    (i) * * *
    (A) * * *
    (7) Previously approved on June 13, 1995 in paragraph 
(c)(215)(i)(A)(1) of this section and now deleted without replacement 
for implementation in the Antelope Valley Air Quality Management 
District Rules 1125 and 1126.
* * * * *

0
3. Section 52.222 is amended by adding paragraphs (a)(6)(v) and 
(a)(6)(vi) to read as follows:


Sec.  52.222  Negative declarations.

    (a) * * *
    (6) * * *
    (v) Metal Container, Closure and Coil Coating Operations and Magnet 
Wire Coating Operations submitted on June 3, 2004 and adopted on 
February 17, 2004.
    (vi) Control of Volatile Compound Emissions from Resin 
Manufacturing and Surfactant Manufacturing submitted on July 19, 2004 
and adopted on March 16, 2004.
* * * * *

[FR Doc. 04-21179 Filed 9-20-04; 8:45 am]
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