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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 184-0031a FRL-5709-3]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, San Diego County Air Pollution

Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

California State Implementation Plan. This action is an administrative

change which revises the definition of volatile organic compounds (VOC)

and updates the Exempt Compound list in rules from the San Diego County

Air Pollution Control District (SDCAPCD). The intended effect of

approving this action is to incorporate changes to the definition of

VOC and to update the Exempt Compound list in SDCAPCD rules to be

consistent with the revised federal and state VOC definitions.

DATES: This action is effective on May 27, 1997 unless adverse or

critical comments are received by April 28, 1997. If the effective date

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

ADDRESSES: Copies of the rules and EPA's evaluation report for these

rules are available for public inspection at EPA's Region IX office

during normal business hours. Copies of the submitted rules 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 95814.

San Diego County Air Pollution Control District, 9150 Chesapeake Drive,

CA 92123.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, Rulemaking Office

(Air-4), Air Division, U.S. Environmental Protection Agency, Region IX,

75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-

1197.

SUPPLEMENTARY INFORMATION:

Applicability

The rules with definition revisions being approved into the

California SIP include the following San Diego County Air Pollution

Control District Rules: Rule 2, Definitions; Rule 67.0, Architectural

Coatings; Rule 67.1, Alternative Emission Control Plans; Rule 67.2, Dry

Cleaning Equipment Using Petroleum-Based Solvents; Rule 67.3, Metal

Parts and Products Coating Operations; Rule 67.5, Paper, Film, and

Fabric Coating Operations; Rule 67.7, Cutback and Emulsified Asphalts;

Rule 67.12, Polyester Resin Operations; Rule 67.15, Pharmaceutical and

Cosmetic Manufacturing Operations; 67.16, Graphic Arts Operations; Rule

67.17, Storage of Materials Containing Volatile Organic Compounds; Rule

67.18, Marine Coating Operations; and Rule 67.24, Bakery Ovens. These

rules were submitted by the California Air Resources Board to EPA on

October 18, 1996.

Background

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 May 1, 1996 (61 FR 19231) EPA published a

proposed rule excluding HFC 43-10mee and HCFC 225ca and cb 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.

The State of California submitted many revised rules for

incorporation into its SIP on October 18, 1996, including the rules

being acted on in this administrative action. This action addresses

EPA's direct-final action for SDCAPCD Rule 2, Definitions; Rule 67.0,

Architectural Coatings; Rule 67.1, Alternative Emission Control Plans;

Rule 67.2, Dry Cleaning Equipment Using Petroleum-Based Solvents; Rule

67.3, Metal Parts and Products Coating Operations; Rule 67.5, Paper,

Film, and Fabric Coating Operations; Rule 67.7, Cutback and Emulsified

Asphalts; Rule 67.12, Polyester Resin Operations; Rule 67.15,

Pharmaceutical and Cosmetic Manufacturing Operations; Rule 67.16,

Graphic Arts Operations; Rule 67.17, Storage of Materials Containing

Volatile Organic Compounds; Rule 67.18, Marine Coating Operations; and

Rule 67.24, Bakery Ovens. These rules were adopted by SDCAPCD on May

15, 1996 and were found to be complete on December 19, 1996, pursuant

to EPA's

[[Page 14640]]

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

1 and are being finalized for approval into the SIP.

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\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).

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This administrative revision adds acetone, perchloroethylene, HFC

43-10mee and HCFC 225ca and cb to the list of compounds which make a

negligible contribution to tropospheric ozone formulation. Thus, EPA is

finalizing the approval of the revised definitions to be incorporated

into the California SIP for the attainment of the national ambient air

quality standards (NAAQS) for ozone under title I of the Clean Air Act

(CAA or the Act).

EPA Evaluation and Action

This administrative action is necessary to make the VOC definition

in SDCAPCD 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.

The SDCAPCD rules being affected by this action to revise the

definition of VOC include:

Rule 2 Definitions.

Rule 67.0 Architectural Coatings.

Rule 67.1 Alternative Emission Control Plans.

Rule 67.2 Dry Cleaning Equipment Using Petroleum-Based

Solvents.

Rule 67.3 Metal Parts and Products Coating Operations.

Rule 67.5 Paper, Film and Fabric Coating Operations.

Rule 67.7 Cutback and Emulsified Asphalts.

Rule 67.12 Polyester Resin Operations.

Rule 67.15 Pharmaceutical and Cosmetics Manufacturing

Operations.

Rule 67.16 Graphic Arts Operations.

Rule 67.17 Storage of Materials Containing Volatile

Organic Compounds.

Rule 67.18 Marine Coating Operations.

Rule 67.24 Bakery Ovens.

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 action 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 May 27, 1997, unless, by April 28, 1997, 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 action 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 May 27, 1997.

Regulatory Process

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 sections 110 and 301(a) and subchapter I, Part

D of the CAA 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, I certify

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 regulatory flexibility analysis would

constitute Federal inquiry into the economic reasonableness of state

action. The CAA forbids EPA to base its actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.

Ct. 1976); 42 U.S.C. 7410 (a)(2).

Unfunded Mandates

Under Sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (''Unfunded Mandates Act''), signed into law on March 22,

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector or to

State, local, or tribal governments in the aggregate.

Through submission of this state implementation plan or plan

revision, the State and any affected local or tribal governments have

elected to adopt the program provided for under Part D of the Clean Air

Act. These rules may bind State, local, and tribal governments to

perform certain actions and also require the private sector to perform

certain duties. The rules being approved by this action will impose no

new requirements because affected sources are already subject to these

regulations under State law. Therefore, no additional costs to State,

local, or tribal governments or to the private sector result from this

action. EPA has also determined that this final action does not include

a mandate that may result in estimated costs of $100 million or more to

State, local, or tribal governments in the aggregate or to the private

sector.

Under 5 U.S.C. 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 5

U.S.C. section 804(2).

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from Executive Order 12866 review.

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.

[[Page 14641]]

Dated: February 26, 1997.

John Wise,

Acting Regional Administrator.

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 52.220 is amended by adding paragraph (c)(241) to read

as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(241) New and amended regulations for the following APCD were

submitted on October 18, 1996 by the Governor's designee.

(i) Incorporationed by reference.

(A) San Diego County Air Pollution Control District.

(1) Rules 2, Definitions; 67.0, Architectural Coatings; 67.1,

Alternative Emission Control Plans; 67.2, Dry Cleaning Equipment Using

Petroleum-Based Solvents; 67.3, Metal Parts and Products Coating

Operations; 67.5, Paper, Film, and Fabric Coating Operations; 67.7,

Cutback and Emulsified Asphalts; 67.12, Polyester Resin Operations;

67.15, Pharmaceutical and Cosmetic Manufacturing Operations; 67.16,

Graphic Arts Operations; 67.17, Storage of Materials Containing

Volatile Organic Compounds; 67.18, Marine Coating Operations; and

67.24, Bakery Ovens, adopted on May 15, 1996.

* * * * *

[FR Doc. 97-7690 Filed 3-26-97; 8:45 am]

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