Air quality implementation plans; approval and promulgation; various States: California,

[Federal Register: March 19, 1999 (Volume 64, Number 53)]

[Rules and Regulations]

[Page 13514-13517]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr19mr99-15]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 207-0136a FRL-6239-8]

Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Sacramento Metropolitan and South Coast Air Quality Management Districts and San Joaquin Valley Unified Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final action to approve revisions to the California State Implementation Plan (SIP). This action is an administrative change which revises the definitions in Sacramento Metropolitan Air Quality Management (SMAQMD) Rule 101, San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) Rule 1020, and South Coast Air Quality Management District (SCAQMD) Rule 1302. The intended effect of approving this action is to incorporate changes to the definitions for clarity and consistency and to update the Exempt Compound list in SMAQMD, SJVUAPCD, and SCAQMD rules to be consistent with the revised federal and state VOC definitions.

DATES: This rule is effective on May 18, 1999 without further notice, unless EPA receives adverse comments by April 19, 1999. If EPA receives such comment, it will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect.

ADDRESSES: Written comments must be submitted to Andrew Steckel at the Region IX office listed below. Copies of the rule revisions and EPA's evaluation report for each rule are available for public inspection at EPA's Region IX office during normal business hours. Copies of the submitted rule revisions are available for inspection at the following locations:

Rulemaking Office (AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105 Environmental Protection Agency, Air Docket (6102), 401 ``M'' Street, S.W., Washington, D.C. 20460 California Air Resources Board, Stationary Source Division, Rule Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812 Sacramento Metropolitan Air Quality Management District, 8411 Jackson Rd., Sacramento, CA 95826-3904

[[Page 13515]]

San Joaquin Valley Unified Air Pollution Control District, 1990 E. Gettysburg Ave., Fresno, CA 93726 South Coast Air Quality Management District, 21865 E. Copley Dr., Diamond Bar, CA 91765-4182

FOR FURTHER INFORMATION CONTACT: Cynthia G. Allen, Rulemaking Office, AIR-4, Air Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744- 1189.

SUPPLEMENTARY INFORMATION:

1. Applicability

   The rules being approved into the California SIP include: SMAQMD Rule 101, General Provisions and Definitions; SJVUAPCD Rule 1020, Definition; and South Coast Rule 1302, Definitions (New Source Review). These rules were submitted by the California Air Resources Board to EPA on October 27, 1998 (Sacramento); May 18, 1998 (San Joaquin); and March 10, 1998 (South Coast).

2. Background

   On March 3, 1978, EPA promulgated a list of ozone nonattainment areas under the provisions of the Clean Air Act, as amended in 1977 (1977 Act or pre-amended Act), that included SMAQMD, SJVUAPCD, and SCAQMD. 43 FR 8964, 49 CFR 81.305. In response to Section 110(a) of the Act and other requirements, the SMAQMD, SJVUAPCD, and SCAQMD submitted many rules which EPA approved into the SIP.

   On June 16, 1995 (60 FR 31633) EPA published a final rule excluding acetone from the definition of VOC. On February 7, 1996 (61 FR 4588) EPA published a final rule excluding perchloroethylene from the definition of VOC. On October 8, 1996 (61 FR 52848) EPA published a final rule excluding HFC 43-10mee and HCFC 225ca and cb from the definition of VOC. On April 9, 1998 (63 FR 17331) EPA published a final rule excluding methyl acetate from the definition of VOC. These compounds were determined to have negligible photochemical reactivity and thus, were added to the Agency's list of Exempt Compounds.

   This document addresses EPA's direct-final action for SMAQMD Rule 101, General Provisions and Definitions; SJVUAPCD Rule 1020, Definitions; and SCAQMD Rule 1302, Definitions (New Source Review). These rules were adopted by SMAQMD on September 3, 1998; by SJVUAPCD on December 18, 1997; and by SCAQMD on June 13, 1997. These rules were submitted by the California Air Resources Board to EPA on October 27, 1998 (Sacramento); May 18, 1998 (San Joaquin); and March 10, 1998 (South Coast). These submitted rules were found to be complete on May 21, 1998 (South Coast); July 17, 1998 (Sacramento); and December 18, 1998 (San Joaquin), pursuant to EPA's completeness criteria that are set forth in 40 CFR part 51 Appendix V ‹SUP›1‹/SUP› and is being finalized for approval into the SIP.

   \1\ EPA adopted the completeness criteria on February 16, 1990 (55 FR 5830) and, pursuant to section 110(k)(1)(A) of the CAA, revised the criteria on August 26, 1991 (56 FR 42216).

   The following are EPA's summary and final action for these rules:

3. EPA Evaluation and Action

   In determining the approvability of a rule, EPA must evaluate the rule for consistency with the requirements of the CAA and EPA regulations, as found in section 110, and part D of the CAA and 40 CFR part 51 (Requirements for Preparation, Adoption and Submittal of Implementation Plans). The EPA interpretation of these requirements, which forms the basis for this action, appears in various EPA policy guidance documents.‹SUP›2‹/SUP›

   \2\ Among other things, the pre-amendment guidance consists of those portions of the proposed post-1987 ozone and carbon monoxide policy that concern RACT, 52 FR 45044 (November 24, 1987); ``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 was published in the Federal Register on May 25, 1988).

   This administrative action is necessary to make the VOC definition in the SMAQMD, SJVUAPCD, and SCAQMD rules consistent with federal and state definitions of VOC. This action will result in more accurate assessment of ozone formation potential, will remove unnecessary control requirements and will assist States in avoiding exceedences of the ozone health standard by focusing control efforts on compounds which are actual ozone precursors.

   SMAQMD Rule 101, General Provisions and Definitions, has been revised to update the definition of ``Exempt Compounds''. In addition, this amendment adds and/or revise the following definitions: Section 203, Emission Unit, Section 205, On-Site, and Section 209, Section.

   SJVUAPCD Rule 1020, Definitions, is a new rule for the SJVUAPCD but will replace the SIP rules for Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus and Tulare Counties. SJVUAPCD Rule, 1020 contains general definitions for terms used or referenced in various district rules. This new rule exempts ethane and acetone as volatile organic compounds because of recent EPA and ARB action, revises the definition of ``San Joaquin Valley Air Basin'' and ``Central Kern County Fields'' based on the recent California Air Resources Board realignment of air basin boundaries, and delete the definition of ``Cyclic Well'' to correct an inconsistency with a conflicting definition in Rule 4401 (Steam Enhanced Crude Oil Production Well Vents).

   SCAQMD Rule 1302, Definitions (New Source Review), was submitted with amended South Coast Rule 102, Definition of Terms. Perchloroethylene is being added as a Group II Exempt Compound. The other three compounds are to be added to the list of Group I Exempt Compounds. The amendments will also allow the use of cyclic branched, or linear, completely methylated siloxanes (VMS) and parachlorobenzotrifluoride (PCBTF), currently listed as Group II Exempt Compounds, and perchloroethylene in operations regulated pursuant to Rules 1106.1, 1151, and 1171. In order to have a consistent VOC definition, the VOC definition in Rule 1302 is being removed and now refers to Rule 102 which was approved on (February 23, 1999, Federal Register pending). Thus, EPA is approving amended Rule 1302 into the SIP.

   EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should adverse comments be filed. This rule will be effective May 18, 1999 without further notice unless the Agency receives adverse comments by April 19, 1999.

   If the EPA receives such comments, then EPA will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. The EPA will not institute a second comment period on this rule. Any parties interested in commenting on this rule should do so at this time. If no such comments are received, the public is advised that this rule will be effective on May 18, 1999 and no further action will be taken on the proposed rule.

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4. Administrative Requirements

   1. Executive Order 12866

      The Office of Management and Budget (OMB) has exempted this regulatory action from Executive Order (E.O.) 12866, Regulatory Planning and Review.

   2. Executive Order 12875

      Under Executive Order 12875, Enhancing the Intergovernmental Partnership, EPA may not issue a regulation that is not required by statute and that creates a mandate upon a State, local or tribal government, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by those governments, or EPA consults with those governments. If EPA complies by consulting, Executive Order 12875 requires EPA to provide to the Office of Management and Budget a description of the extent of EPA's prior consultation with representatives of affected State, local and tribal governments, the nature of their concerns, copies of any written communications from the governments, and a statement supporting the need to issue the regulation. In addition, Executive Order 12875 requires EPA to develop an effective process permitting elected officials and other representatives of State, local and tribal governments ``to provide meaningful and timely input in the development of regulatory proposals containing significant unfunded mandates.'' Today's rule does not create a mandate on State, local or tribal governments. The rule does not impose any enforceable duties on these entities. Accordingly, the requirements of section 1(a) of E.O. 12875 do not apply to this rule.

   3. Executive Order 13045

      Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is determined to be ``economically significant'' as defined under E.O. 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. This rule is not subject to E.O. 13045 because it is does not involve decisions intended to mitigate environmental health or safety risks.

   4. Executive Order 13084

      Under Executive Order 13084, Consultation and Coordination with Indian Tribal Governments, EPA may not issue a regulation that is not required by statute, that significantly or uniquely affects the communities of Indian tribal governments, and that imposes substantial direct compliance costs on those communities, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by the tribal governments, or EPA consults with those governments. If EPA complies by consulting, Executive Order 13084 requires EPA to provide to the Office of Management and Budget, in a separately identified section of the preamble to the rule, a description of the extent of EPA's prior consultation with representatives of affected tribal governments, a summary of the nature of their concerns, and a statement supporting the need to issue the regulation. In addition, Executive Order 13084 requires EPA to develop an effective process permitting elected officials and other representatives of Indian tribal governments ``to provide meaningful and timely input in the development of regulatory policies on matters that significantly or uniquely affect their communities.'' Today's rule does not significantly or uniquely affect the communities of Indian tribal governments. Accordingly, the requirements of section 3(b) of E.O. 13084 do not apply to this rule.

   5. Regulatory Flexibility Act

      The Regulatory Flexibility Act (RFA) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and small governmental jurisdictions. This final rule will not have a significant impact on a substantial number of small entities because SIP approvals under section 110 and subchapter I, part D of the Clean Air Act do not create any new requirements but simply approve requirements that the State is already imposing. Therefore, because the Federal SIP approval does not create any new requirements, I certify that this action will not have a significant economic impact on a substantial number of small entities. Moreover, due to the nature of the Federal-State relationship under the Clean Air Act, preparation of flexibility analysis would constitute Federal inquiry into the economic reasonableness of state action. The Clean Air Act forbids EPA to base its actions concerning SIPs on such grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

   6. Unfunded Mandates

      Under Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA must prepare a budgetary impact statement to accompany any proposed or final rule that includes a Federal mandate that may result in estimated annual costs to State, local, or tribal governments in the aggregate; or to private sector, of $100 million or more. Under Section 205, EPA must select the most cost-effective and least burdensome alternative that achieves the objectives of the rule and is consistent with statutory requirements. Section 203 requires EPA to establish a plan for informing and advising any small governments that may be significantly or uniquely impacted by the rule.

      EPA has determined that the approval action promulgated does not include a Federal mandate that may result in estimated annual costs of $100 million or more to either State, local, or tribal governments in the aggregate, or to the private sector. This Federal action approves pre-existing requirements under State or local law, and imposes no new requirements. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, result from this action.

   7. Submission to Congress and the Comptroller General

      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. This rule is not a ``major'' rule as defined by 5 U.S.C. 804(2).

   8. Petitions for Judicial Review

      Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filedin the United States Court of Appeals for the

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      appropriate circuit by May 18, 1999. 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.

      Note: Incorporation by reference of the State Implementation Plan for the State of California was approved by the Director of the Federal Register on July 1, 1982.

      Dated: March 5, 1999. Laura Yoshii, Deputy 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 paragraphs (c)(254)(i)(D)(3), (255)(i)(C), and (260)(i)(A) to read as follows:

         Sec. 52.220 Identification of plan.

         * * * * *

         (c) * * *

         (254) * * *

         (i) * * *

         (D) South Coast Air Quality Management District.

         (3) Rule 1302, amended December 7, 1995. * * * * *

         (255) * * *

         (i) * * *

         (C) San Joaquin Valley Unified Air Pollution Control District.

         (1) Rule 1020, amended December 18, 1997. * * * * *

         (260) New and amended regulations for the following APCDs were submitted on October 27, 1998, by the Governor's designee.

         (i) Incorporation by reference.

         (A) Sacramento Metropolitan Air Quality Management District.

         (1) Rule 101, amended on September 3, 1998. * * * * *

         [FR Doc. 99-6650Filed3-18-99; 8:45 am]

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