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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 198-0077; FRL-6112-5]

Approval and Promulgation of State Implementation Plans;

California State Implementation Plan Revision; San Diego County Air

Pollution Control District; San Joaquin Valley Unified Air Pollution

Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing the approval of revisions to the California

State Implementation Plan (SIP) proposed in the Federal Register on

October 10, 1997, and March 30, 1998. The revisions concern San Diego

County Air Pollution Control District (SDCAPCD) Rule 67.10 and San

Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) Rule

4401. SDCAPCD Rule 67.10 controls volatile organic compound (VOC)

emissions from kelp processing and bio-polymer manufacturing

operations, and SJVUAPCD Rule 4401 controls VOC emissions from steam-

enhanced crude oil production well vents. This final action will

incorporate these rules into the Federally-approved SIP and will also

permanently stop the sanctions and Federal implementation plan clocks

that were started on February 14, 1996, and September 27, 1996,

respectively, when EPA published final limited disapproval actions for

the State's previous submittals of these rules. The intended effect of

approving these rules is to regulate emissions of VOCs in accordance

with 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.

EFFECTIVE DATE: This action is effective on July 22, 1998.

ADDRESSES: Copies of these rules 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 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.

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

San Diego, CA 92123-1096.

San Joaquin Valley Unified Air Pollution Control District, 1999

Tuolumne Street, Suite 200, Fresno, CA 93721.

California Air Resources Board, Stationary Source Division, Rule

Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.

FOR FURTHER INFORMATION CONTACT: For questions regarding SDCAPCD Rule

67.10, contact Patricia Bowlin, Rulemaking Office, (AIR-4), Air

Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105, telephone: (415) 744-1188. For

questions on SJVUAPCD Rule 4401, contact Mae Wang at the same address,

telephone: (415) 744-1200.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rules being approved into the California State Implementation

Plan (SIP) are San Diego County Air Pollution Control District

(SDCAPCD) Rule 67.10, Kelp Processing and Bio-Polymer Manufacturing

Operations, and San Joaquin Valley Unified Air Pollution Control

District (SJVUAPCD) Rule 4401, Steam-enhanced Crude Oil Production Well

Vents. These rules were submitted by the California Air Resources Board

(CARB) to EPA on August 1, 1997, and March 10, 1998, respectively.

II. Background

On October 10, 1997, in 62 FR 52959, EPA proposed to approve

SDCAPCD Rule 67.10, Kelp Processing and Bio-Polymer Manufacturing

Operations, into the California SIP. Rule 67.10 was adopted by SDCAPCD

on June 25, 1997. The rule was submitted by CARB to EPA on August 1,

1997. On March 30, 1998, in 63 FR 15116, EPA proposed to approve

SJVUAPCD Rule 4401, Steam-enhanced Crude Oil Production Well Vents,

into the California SIP. Rule 4401 was adopted by SJVUAPCD on January

15, 1998, and was submitted by CARB to EPA on March 10, 1998. Both

rules were submitted in response to EPA's 1988 SIP-Call and the 1990

Clean Air Act (CAA or the Act) section 182(a)(2)(A) requirement that

nonattainment areas fix their reasonably available control technology

(RACT) rules for ozone in accordance with EPA guidance that interpreted

the requirements of the pre-amendment Act. A detailed discussion of the

background for each rule is provided in the appropriate proposed

rulemaking document cited above.

EPA has evaluated the above rules for consistency with the

requirements of the CAA and EPA regulations and EPA interpretation of

these requirements as expressed in the various EPA policy guidance

documents referenced in the proposed rulemaking documents cited above.

EPA has found that the rules meet the applicable EPA requirements. A

detailed discussion of the rule provisions and evaluation has been

provided in each proposed rulemaking and in the technical support

documents available at EPA's Region IX office.

III. Response to Public Comments

A 30-day public comment period was provided in 62 FR 52959 and 63

FR 15116. No comments were received.

IV. EPA Action

EPA is finalizing action to approve the above rules for inclusion

into the California SIP. EPA is approving the rules under section

110(k)(3) as meeting the requirements of section 110(a) and Part D of

the CAA. This approval action will incorporate these rules into the

Federally-approved SIP and will also stop the sanctions process and

Federal implementation plan clocks, which were started on February 14,

1996, and September 27, 1996, when limited disapproval actions were

published in the Federal Register. The intended effect of approving

these rules is to regulate emissions of volatile organic compounds

(VOCs) in accordance with the requirements of the CAA.

The final action on these rules serves as a final determination

that the deficiencies in these rules have been corrected. Therefore, on

July 22, 1998, any sanction or Federal implementation plan clock is

permanently stopped.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any state implementation plan. Each request for revision to

the state implementation

[[Page 33855]]

plan shall be considered separately in light of specific technical,

economic, and environmental factors, and in relation to relevant

statutory and regulatory requirements.

V. Administrative Requirements

A. Executive Orders 12866 and 13045

The Office of Management and Budget has exempted this regulatory

action from Executive Order (E.O.) 12866 review.

This final rule is 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.

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 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

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).

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 August 21, 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: June 9, 1998.

David Howekamp,

Acting 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) (248) and (c)

(254) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(248) New and amended regulations for the following APCDs were

submitted on August 1, 1997, by the Governor's designee.

(i) Incorporation by reference.

(A) San Diego County Air Pollution Control District.

(1) Rule 67.10 adopted June 25, 1997.

* * * * *

(254) New and amended regulations for the following APCDs were

submitted on March 10, 1998 by the Governor's designee.

(i) Incorporation by reference.

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

(1) Rule 4401 adopted January 15, 1998.

[FR Doc. 98-16408 Filed 6-19-98; 8:45 am]

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