Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, South Coast Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 037-0080; FRL-6142-1]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, South Coast Air Quality Management

District

AGENCY: Environmental Protection Agency (EPA).

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ACTION: Final rule.

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SUMMARY: EPA is finalizing a limited approval and limited disapproval

of revisions to the California State Implementation Plan (SIP) proposed

in the Federal Register on April 30, 1998. This final action will

incorporate this rule into the federally approved SIP. The intended

effect of finalizing this action is to regulate emissions of volatile

organic compounds (VOCs) and oxides of sulfur (SOX) in

accordance with the requirements of the Clean Air Act, as amended in

1990 (CAA or the Act). The rule controls VOC and SOX

emissions from petroleum refinery vacuum-producing devices or systems.

Thus, EPA is finalizing a simultaneous limited approval and limited

disapproval under CAA provisions regarding EPA action on SIP submittals

and general rulemaking authority because the rule, while strengthening

the SIP, also does not fully meet the CAA provisions regarding plan

submissions and requirements for nonattainment areas. As a result of

this limited disapproval EPA will be required to impose highway funding

or emission offset sanctions under the CAA unless the State submits and

EPA approves corrections to the identified deficiencies within 18

months of the effective date of this disapproval. Moreover, EPA will be

required to promulgate a Federal implementation plan (FIP) unless the

deficiencies are corrected within 24 months of the effective date of

this disapproval.

EFFECTIVE DATE: This action is effective on September 14, 1998.

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

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

normal business hours. Copies of the submitted rule 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, DC 20460

California Air Resources Board, Stationary Source Division, Rule

Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812

South Coast Air Quality Management District, 21865 E. Copley Drive,

Diamond Bar, CA 91765-4182.

FOR FURTHER INFORMATION CONTACT: Stanley Tong, Rulemaking Office, (AIR-

4), Air Division, U.S. Environmental Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1191.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rule being approved into the California SIP is: South Coast Air

Quality Management District (SCAQMD), Rule 465, Vacuum-Producing

Devices or Systems. This rule was submitted by the California Air

Resources Board (CARB) to EPA on June 19, 1992.

II. Background

On April 30, 1998 in 63 FR 23707, EPA proposed granting limited

approval and limited disapproval of the following rule into the

California SIP: SCAQMD, Rule 465, Vacuum-Producing Devices or Systems.

Rule 465 was adopted by SCAQMD on November 1, 1991. This rule was

submitted by the CARB, to EPA on June 19, 1992. This rule was submitted

in response to EPA's 1988 SIP Call and the CAA 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 the above rule and

nonattainment area is provided in the proposed rule (PR) cited above.

EPA has evaluated the above rule for consistency with the

requirements of the CAA and EPA regulations and EPA's interpretation of

these requirements as expressed in the various EPA policy guidance

documents referenced in the PR. EPA is finalizing the limited approval

of this rule in order to strengthen the SIP and finalizing the limited

disapproval requiring the correction of the remaining deficiencies.

These deficiencies include updating a listing of compounds exempt from

the definition of volatile organic compounds to remove carbon

tetrachloride and the need to explicitly state recording, reporting and

record retention requirements in the rule. These corrections are needed

to ensure consistency with EPA's definition of exempt compounds and for

enforceability of emission limits provided in the rule. A detailed

discussion of the rule provisions and evaluations has been provided in

the PR and in the technical support document (TSD) available at EPA's

Region IX office (TSD dated 3/23/98 for SCAQMD Rule 465).

III. Response to Public Comments

A 30-day public comment period was provided in 63 FR 23707 dated

April 30, 1998. EPA received no comment letters on the proposed rule.

IV. EPA Action

EPA is finalizing a limited approval and a limited disapproval of

the above-referenced rule. The limited approval of this rule is being

finalized under section 110(k)(3) in light of EPA's authority pursuant

to section 301(a) to adopt regulations necessary to further air quality

by strengthening the SIP. The approval is limited in the sense that the

rule strengthens the SIP. However, the rule does not meet the section

182(a)(2)(A) CAA requirement because of the rule deficiencies which

were discussed in the PR. Thus, in order to strengthen the SIP, EPA is

granting limited approval of this rule under sections 110(k)(3) and

301(a) of the CAA. This action approves the rule into the SIP as

federally enforceable rule.

At the same time, EPA is finalizing the limited disapproval of this

rule because it contains deficiencies that have not been corrected as

required by section 182(a)(2)(A) of the CAA, and, as such, the rule

does not fully meet the requirements of Part D of the Act. As stated in

the Proposed Rule (PR), upon the effective date of this Final Rule

(FR), the 18 month clock for sanctions and the 24 month FIP clock will

begin. Sections 179(a) and 110(c). If the State does not submit the

required corrections and EPA does not approve the submittal within 18

months of the effective date of the FR, either the highway sanction or

the offset sanction will be imposed at the 18 month mark. It should be

noted that the rule covered by this FR has been adopted by the SCAQMD

and is currently in effect in the SCAQMD. EPA's limited disapproval

action will not prevent SCAQMD or EPA from enforcing this rule.

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 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 (OMB) has exempted this

regulatory action from E.O. 12866 review.

The 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

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``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 sections 110 and 301, 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 flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

Clean Air Act forbids EPA to base its action 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 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,

Sulfur oxides.

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 29, 1998.

Nora L. McGee,

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 paragraph (c)(188)(i)(C)(2)

to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(188) * * *

(i) * * *

(C) * * *

(2) Rule 465, amended on November 1, 1991.

* * * * *

[FR Doc. 98-21895 Filed 8-13-98; 8:45 am]

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