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

[Federal Register: August 11, 1998 (Volume 63, Number 154)]

[Rules and Regulations]

[Page 42724-42726]

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

[DOCID:fr11au98-14]

[[Page 42724]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 184-0086a FRL-6137-9]

Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, San Diego Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final action on a revision to the California State Implementation Plan. The revision concerns a rule from the San Diego Air Pollution Control District (SDAPCD). This approval action will incorporate this rule into the federally approved SIP. The intended effect of approving this rule is to regulate emissions of volatile organic compounds (VOCs) in accordance with the requirements of the Clean Air Act, as amended in 1990 (CAA or the Act). The revised rule controls VOC emissions from organic solvents. Thus, EPA is finalizing the approval of this revision into the California SIP under provisions of the CAA regarding EPA action on SIP submittals, SIPs for national primary and secondary ambient air quality standards and plan requirements for nonattainment areas.

DATES: This rule is effective on October 13, 1998 without further notice, unless EPA receives relevant adverse comments by September 10, 1998. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect.

ADDRESSES: 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 this 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 San Diego Air Pollution Control District, 9150 Chesapeake Drive, San Diego, CA 92123-1096

FOR FURTHER INFORMATION CONTACT: Yvonne Fong, Rulemaking Office (AIR- 4), Air Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1199.

SUPPLEMENTARY INFORMATION:

1. Applicability

   SDAPCD Rule 66, Organic Solvents is being approved into the California SIP. This rule was submitted by the California Air Resources Board (CARB) to EPA on October 18, 1996.

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 the San Diego Area. 43 FR 8964, 40 CFR 81.305. On May 26, 1988, EPA notified the Governor of California, pursuant to section 110(a)(2)(H) of the 1977 Act, that the above district's portion of the California SIP was inadequate to attain and maintain the ozone standard and requested that deficiencies in the existing SIP be corrected (EPA's SIP-Call). On November 15, 1990, the Clean Air Act Amendments of 1990 were enacted. Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q. The San Diego Area is classified as serious.‹SUP›1‹/SUP›

   \1\ The San Diego Area retained its designation of nonattainment and was classified by operation of law pursuant to sections 107(d) and 181(a) upon the date of enactment of the CAA as a severe ozone nonattainment area. See 56 FR 56694 (November 6, 1991). The San Diego area was subsequently reclassified as a serious ozone nonattainment area on January 19, 1995. See 60 FR 3771.

   The State of California submitted many rules for incorporation into its SIP on October 18, 1996, including the rule being acted on in this document. This document addresses EPA's direct-final action for SDAPCD Rule 66, Organic Solvents. The SDAPCD adopted Rule 66 on July 25, 1995. This submitted rule was found to be complete on December 19, 1996 pursuant to EPA's completeness criteria that are set forth in 40 CFR part 51, Appendix V ‹SUP›2‹/SUP› and is being finalized for approval into the SIP.

   \2\ 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).

   Rule 66 controls the emission of VOCs from organic solvent use. VOCs contribute to the production of ground level ozone and smog. This rule was originally adopted as part of the SDAPCD's effort to achieve the National Ambient Air Quality Standard (NAAQS) for ozone and in response to EPA's SIP-Call and the section 110(a)(2)(A) CAA requirement. The following is EPA's evaluation and final action for this rule.

3. EPA Evaluation and Action

   In determining the approvability of a VOC 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 today's action, appears in ``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). In general, this guidance document has been set forth to ensure that VOC rules are fully enforceable and strengthen or maintain the SIP.

   On July 12, 1990, EPA approved into the SIP a version of Rule 66, Organic Solvents that had been adopted by SDAPCD on September 17, 1985. SDAPCD's submitted Rule 66, Organic Solvents includes the following significant changes from the current SIP:

   ‹bullet› Section d of the SIP rule which prohibits the use of photochemically reactive solvents to thin or reduce coatings has been removed. No coating sources in San Diego are subject to Rule 66. Coating sources within SDAPCD are now subject to source specific rules.

   ‹bullet› Sections e, f, g, l, m, n, q, r, and s of the SIP rule which pertain to degreasing, drycleaning, and marine coating operations have been removed. These sources are now respectively covered by Rules 67.6, 67.8, and 67.18.

   ‹bullet› Section i of the SIP rule which allows sources to discard, dump, or otherwise dispose of up to 1.5 gallons of photochemically reactive compounds per day has been removed.

   ‹bullet› Section j of the submitted rule which contains a boiling point cutoff in the definition for organic solvents has been altered to allow for compliance determination via an ASTM test method.

   ‹bullet› An exemption for sources that install and use Best Available Control Technology or Lowest Achievable Emission Rate control technology pursuant to the New Source Review rules has been added under Section n6 of the submitted rule.

   ‹bullet› Section o of the submitted rule contains new recordkeeping

   [[Page 42725]]

   requirements for sources subject to the rule.

   ‹bullet› Section p of the submitted rule requires the use of test methods suitable for determining compliance with the rule.

   EPA has evaluated the submitted rule and has determined that it is consistent with the CAA, EPA regulations, and EPA policy. Therefore, SDAPCD Rule 66, Organic Solvents is being approved under section 110(k)(3) of the CAA as meeting the requirements of section 110(a) and part D.

   Nothing in this action should be construed as permitting or allowing or establishing a precedent for any future implementation plan. Each request for revision to the state implementation plan shall be considered separately in light of specific technical, economic, and environmental factors and in relation to relevant statutory and regulatory requirements.

   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 relevant adverse comments be filed. This rule will be effective October 13, 1998 without further notice unless the Agency receives relevant adverse comments by September 10, 1998.

   If the EPA receives such comments, then EPA will publish a document withdrawing the final rule and 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 action. Any parties interested in commenting on this action should do so at this time. If no such comments are received, the public is advised that this rule will be effective on October 13, 1998 and no further action will be taken on this action.

4. Administrative Requirements

   1. Executive Orders 12866 and 13045

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

      The proposed and final rules are not subject to E.O. 13045, entitled ``Protection of Children from Environmental Health Risks and Safety Risks,'' because it is not an ``economically significant'' action under E.O. 12866.

   2. Regulatory Flexibility Act

      Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA must prepare a regulatory flexibility analysis assessing the impact of any proposed or final rule on small entities. 5 U.S.C. 603 and 604. Alternatively, EPA may certify that the rule will not have a significant impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and government entities with jurisdiction over populations of less than 50,000.

      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 impose any new requirements, the Administrator certifies that it does not have a significant impact on any small entities affected. Moreover, due to the nature of the Federal-State relationship under the CAA, preparation of a 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. versus U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

   3. 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 costs to State, local, or tribal governments in the aggregate; or to the 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 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 Federal requirements. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, result from this action.

   4. Submission to Congress and the General Accounting Office

      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).

   5. 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 appropriate circuit by October 13, 1998. 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; July 27, 1998. Felicia Marcus, 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.

         [[Page 42726]]

         Subpart F--California

      2. Section 52.220 is amended by adding paragraph (c)(241)(i)(A)(3) to read as follows:

         Sec. 52.220 Identification of plan.

         * * * * *

         (c) * * *

         (241) * * *

         (i) * * *

         (A) * * *

         (3) Rule 66, adopted on July 1, 1972, revised on July 25, 1995. * * * * *

         [FR Doc. 98-21349Filed8-10-98; 8:45 am]

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