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

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.

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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:

I. 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.

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 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.1

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\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.

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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 2 and is being finalized for approval

into the SIP.

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\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).

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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.

III. 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:

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.

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.

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.

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.

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.

Section o of the submitted rule contains new recordkeeping

[[Page 42725]]

requirements for sources subject to the rule.

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.

IV. Administrative Requirements

A. 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.

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. versus

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

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.

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 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.

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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. 98-21349 Filed 8-10-98; 8:45 am]

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