Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Sacramento Metropolitan Air Quality Management District and Santa Barbara County Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 173-0044a; FRL-5867-3]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Sacramento Metropolitan Air Quality

Management District and Santa Barbara County Air Pollution Control

District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action on revisions to the

California State Implementation Plan. The revisions concern negative

declarations from the Sacramento Metropolitan Air Quality Management

District (SMAQMD) and the Santa Barbara County Air Pollution Control

District (SBCAPCD). The SMAQMD submitted negative declarations for two

source categories that emit volatile organic compounds (VOC): Plastic

Parts

[[Page 40935]]

Coating: Business Machines and Plastic Parts Coating: Other. The

SBCAPCD submitted negative declarations for six source categories that

emit VOC: Industrial Wastewater, Plastic Parts Coating: Business

Machines, Plastic Parts Coating: Other, Industrial Cleaning Solvents,

Offset Lithography, and Shipbuilding Coatings. The SMAQMD and the

SBCAPCD have certified that these source categories are not present in

their respective Districts and this information is being added to the

federally approved State Implementation Plan. The intended effect of

approving these negative declarations is to meet the requirements of

the Clean Air Act, as amended in 1990 (CAA or the Act). Thus, EPA is

finalizing the approval of these revisions 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 action is effective on September 29, 1997 unless adverse or

critical comments are received by September 2, 1997. If the effective

date is delayed, a timely notice will be published in the Federal

Register.

ADDRESSES: Comments must be submitted to Julie Rose at the Region IX

office listed below. Copies of the submitted negative declarations are

available for public inspection at EPA's Region IX office and also at

the following locations during normal business hours.

Rulemaking Office (AIR-4), Air Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105

Air Docket (6102), U.S. Environmental Protection Agency, 401 ``M''

Street, SW., Washington, DC 20460

California Air Resources Board, Stationary Source Division, Rule

Evaluation Section, 2020 ``L'' Street, Sacramento, CA 92123-1095

Sacramento Metropolitan Air Quality Management District, 8411 Jackson

Road, Sacramento, CA 95826

Santa Barbara County Air Pollution Control District, 26 Castilian

Drive, B-23, Goleta, CA 93117

FOR FURTHER INFORMATION CONTACT: Julie A. Rose, Rulemaking Office (AIR-

4), Air Division, U.S. Environmental Protection Agency, San Francisco,

CA 94105, Telephone: (415) 744-1184.

SUPPLEMENTARY INFORMATION:

I. Applicability

The revisions being approved as additional information for the

California SIP include negative declarations from the SMAQMD regarding

two source categories: Plastic Parts Coating: Business Machines and

Plastic Parts Coating: Other and negative declarations from SBCAPCD

regarding six source categories: Industrial Wastewater, Plastic Parts

Coating: Business Machines, Plastic Parts Coating: Other, Industrial

Cleaning Solvents, Offset Lithography, and Shipbuilding Coatings. The

negative declarations were submitted by the California Air Resources

Board (CARB) to EPA on June 6, 1996 for SMAQMD and July 12, 1996 for

SBCAPCD.

II. 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 SMAQMD within the

Sacramento Metropolitan Area (SMA) and the SBCAPCD within the Santa

Barbara-Santa Maria-Lompoc Area (SBSMLA). 43 FR 8964, 40 CFR 81.305.

Because these areas were unable to meet the statutory attainment date

of December 31, 1982, California requested under section 172 (a)(2),

and EPA approved, an extension of the attainment date to December 31,

1987. (40 CFR 52.222). On May 26, 1988, EPA notified the Governor of

California, pursuant to section 110(a)(2)(H) of the 1977 Act, that the

above districts' portions of the California SIP were 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. In amended

section 182(b)(2) of the CAA, Congress statutorily adopted the

requirement that States must develop reasonably available control

technology (RACT) rules for sources ``covered by a Control Techniques

Guideline (CTG) document issued by the Administrator between November

15, 1990 and the date of attainment.'' On April 28, 1992, in the

Federal Register, EPA published a CTG document which indicated EPA's

intention to issue CTGs for eleven source categories and EPA's

requirement to prepare CTGs for two additional source categories within

the same timeframe. This CTG document established time tables for the

submittal of a list of applicable sources and the submittal of RACT

rules for those major sources for which EPA had not issued a CTG

document by November 15, 1993. The CTG specified that states were

required to submit RACT rules by November 15, 1994 for those categories

for which EPA had not issued a CTG document by November 15, 1993.

Section 182(b)(2) applies to areas designated as nonattainment

prior to enactment of the amendments and classified as moderate or

above as of the date of enactment. The SMA is classified as severe;

1 therefore, SMA was subject to the post-enactment CTG

requirement and the November 15, 1994 deadline. The SBSMLA is

classified as moderate; 2 therefore, SBSMLA was also subject

to the post-enactment CTG requirements and the November 15, 1994

deadline. For source categories not represented within the portions of

the SMA and the SBSMLA designated nonattainment for ozone, EPA requires

the submission of a negative declaration certifying that those sources

are not present.

---------------------------------------------------------------------------

\1\ Sacramento Metropolitan 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.

See 55 FR 56694 (November 6, 1991). The Sacramento Metropolitan Area

was reclassified from serious to severe on June 1, 1995. See 60 FR

20237 (April 25, 1995).

\2\ The Santa Barbara-Santa Maria-Lompoc 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. See 55 FR (November 6, 1991).

---------------------------------------------------------------------------

The SMAQMD negative declarations were adopted on May 2, 1996 and

submitted by the State of California on June 6, 1996. The SBCAPCD

negative declarations were adopted on May 16, 1996 and submitted by the

State of California on July 12, 1996. The SMAQMD negative declarations

were found to be complete on June 27, 1996 pursuant to EPA's

completeness criteria that are set forth in 40 CFR part 51, appendix V

3 and are being finalized for approval into the SIP as

additional information. The SMAQMD negative declarations were found to

be complete on January 18, 1997 pursuant to EPA's completeness criteria

and are being finalized for approval into the SIP as additional

information.

---------------------------------------------------------------------------

\3\ 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).

---------------------------------------------------------------------------

This document addresses EPA's direct-final action for the SMAQMD

negative declarations for Plastic Parts Coating: Business Machines and

Plastic Parts Coating: Other. The submitted negative declarations

represent two of the thirteen source categories listed in EPA's CTG

document.4 The submitted

[[Page 40936]]

negative declarations certify that there are no VOC sources in these

source categories located inside SMAQMD's portion of the SMA. VOCs

contribute to the production of ground level ozone and smog. These

negative declarations were adopted as part of SMAQMD's effort to meet

the requirements of section 182(b)(2) of the CAA.

---------------------------------------------------------------------------

\4\ SMAQMD has submitted rules for four source categories:

Aerospace, Clean Up Solvents, Offset Lithography, and Volatile

Organic Liquid Storage Tanks. SMAQMD has developed rules for

Autobody Refinishing and Wood Furniture and is in the process of

developing rules for SOCMI Distillation, Reactors, and Batch

Processing. Negative declarations will be developed for the two

remaining categories.

---------------------------------------------------------------------------

This document also addresses EPA's direct-final action for the

SBCAPCD negative declarations for: (1) Industrial Wastewater, (2)

Plastic Parts Coating: Business Machines, (3) Plastic Parts Coating:

Other, (4) Industrial Cleaning Solvents, (5) Offset Lithography, and

(6) Shipbuilding Coatings. The submitted negative declarations

represent six of the thirteen source categories listed in EPA's CTG

document.5 The submitted negative declarations certify that

there are no VOC sources in these source categories located inside the

SBCAPCD. VOCs contribute to the production of ground level ozone and

smog. These negative declarations were adopted as part of SBCAPCD's

effort to meet the requirements of section 182(b)(2) of the CAA.

---------------------------------------------------------------------------

\5\ SBCAPCD has submitted rules for four source categories:

Aerospace, Autobody Refinishing, Volatile Organic Liquid Storage

Tanks, and Wood Furniture. SBCAPCD is developing negative

declarations for the remaining three source categories.

---------------------------------------------------------------------------

III. EPA Evaluation and Action

In determining the approvability of a negative declaration, EPA

must evaluate the declarations for consistency with the requirements of

the CAA and EPA regulations, as found in section 110 of the CAA and 40

CFR part 51 (Requirements for Preparation, Adoption, and Submittal of

Implementation Plans).

An analysis of SMAQMD's emission inventory revealed that there are

no sources of VOC emissions from Plastic Parts Coating: Business

Machines and Plastic Parts Coating: Other. SMAQMD's review of their

permit files also indicated that these source categories do not exist

in the SMAQMD. In a document adopted on May 2, 1996, SMAQMD certified

that SMAQMD does not have any major stationary sources in these source

categories located within the federal ozone nonattainment planning

area.

An analysis of SBCAPCD's emission inventory revealed that there are

no sources of VOC emissions from Industrial Wastewater, Plastic Parts

Coating: Business Machines, Plastic Parts Coating: Other, Industrial

Cleaning Solvents, Offset Lithography, and Shipbuilding Coatings.

SBCAPCD's review of their permit files also indicated that these source

categories do not exist in the SBCAPCD. In a document adopted on May

16, 1996, SBCAPCD certified that SBCAPCD does not have any major

stationary sources in these source categories located within the

federal ozone nonattainment planning area.

EPA has evaluated these negative declarations and has determined

that they are consistent with the CAA, EPA regulations, and EPA policy.

SMAQMD's negative declarations for Plastic Parts Coating: Business

Machines and Plastic Parts Coating: Other and SBCAPCD's negative

declarations for Industrial Wastewater, Plastic Parts Coating: Business

Machines, Plastic Parts Coating: Other, Industrial Cleaning Solvents,

Offset Lithography, and Shipbuilding Coatings are being approved under

section 110(k)(3) of the CAA as meeting the requirements of section

110(a) and Part D.

EPA is publishing this document without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective September 29, 1997 unless, within 30 days of its publication,

adverse or critical comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent document that will

withdraw the final action. All public comments received will then be

addressed in a subsequent final rule based on this action serving as a

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 action will be effective September 29, 1997.

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.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from E.O. 12866 review.

B. 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. v. U.S.

EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. 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

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

[[Page 40937]]

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.

D. Submission to Congress and the General Accounting Office

Under section 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted 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

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major'' rule as defined by

section 804(2) of the APA as amended.

E. Petitions for Judicial Review

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 29, 1997. 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,

Intergovernmental relations, Ozone, Reporting and recordkeeping

requirements, Volatile organic compounds.

Dated July 16, 1997.

Felicia Marcus,

Regional Administrator.

Subpart F of 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. 7401-7671q.

Subpart F--California

2. Section 52.222 is being amended by adding paragraph (a) (2) and

(a)(3) to read as follows:

Sec. 52.222 Negative declarations.

(a) * * *

(2) Sacramento Metropolitan Air Quality Management District.

(i) Plastic Parts Coating: Business Machines and Plastic Parts

Coating: Other were submitted on June 6, 1996 and adopted on May 2,

1996.

(3) Santa Barbara County Air Pollution Control District.

(i) Industrial Wastewater, Plastic Parts Coating: Business

Machines, Plastic Parts Coating: Other, Industrial Cleaning Solvents,

Offset Lithography, and Shipbuilding Coatings were submitted on July

12, 1996 and adopted on May 16, 1996.

* * * * *

[FR Doc. 97-20217 Filed 7-30-97; 8:45 am]

BILLING CODE 6560-50-P