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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 009-0090a FRL-6142-3]

Approval and Promulgation of State Implementation Plans;

California State Implementation Plan Revision; Ventura 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 (SIP). The revisions concern rules

from the Ventura County Air Pollution Control District (VCAPCD). This

action will remove these rules from the Federally approved SIP. The

intended effect of this action is to remove rules from the SIP that are

no longer in effect in VCAPCD, in accordance with the requirements of

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

finalizing the removal of these rules from 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 19, 1998, without further

notice, unless EPA receives adverse comments by September 18, 1998. If

EPA receives such comment, then it 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 these rules, along with 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 requests for rescission are also 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

Ventura County Air Pollution Control District, 669 County Square Drive,

Bakersfield, CA 93003

FOR FURTHER INFORMATION CONTACT: Mae Wang, Rulemaking Office (AIR-4),

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

Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1200.

SUPPLEMENTARY INFORMATION:

I. Applicability

The VCAPCD rules being removed from the California SIP include:

Rule 61, Effluent Oil Water Separators, adopted July 5, 1983; Rule 65,

Gasoline Specifications, adopted May 23, 1972; and Rule 66, Organic

Solvents, adopted on June 24, 1975. These rules were repealed by VCAPCD

on October 4, 1988, October 22, 1985, and July 9, 1996, respectively,

and submitted by the California Air Resources Board (CARB) to EPA on

March 26, 1990, June 4, 1986, and October 18, 1996, respectively, for

removal from the SIP.

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 Ventura County Area.

43 FR 8964, 40 CFR 81.305. The rules being addressed in this action

were originally adopted by the VCAPCD as part of VCAPCD's efforts to

achieve the National Ambient Air Quality Standard (NAAQS) for ozone.

These rules were originally adopted to control volatile organic

compound (VOC) emissions from oil water separators, motor vehicle

fuels, and organic solvents. Since the adoption of these rules, the

VCAPCD has adopted other rules that regulate the same sources covered

by Rule 61 and Rule 66. The requirements in Rule 65 are covered by

statewide regulations. VCAPCD subsequently repealed these three rules

because they had been replaced by the provisions contained in other

rules. These other rules have all been approved into the Federally

enforceable SIP. As a result, VCAPCD submitted requests to EPA, through

CARB, for the removal of Rule 61, Rule 65, and Rule 66 from the

California SIP.

III. EPA Action

The VCAPCD rules that are being rescinded by today's action are

listed below. EPA previously approved all these rules into the

California SIP:

[[Page 44398]]

--Rule 61, Effluent Oil Water Separators, adopted July 5, 1983,

submitted October 16, 1985, approved April 17, 1987 (52 FR 12522).

--Rule 65, Gasoline Specifications, adopted May 23, 1972, submitted

November 3, 1975, approved August 15, 1977 (42 FR 41121).

--Rule 66, Organic Solvents, adopted on June 24, 1975, submitted

November 3, 1975, approved August 15, 1977 (42 FR 41121).

EPA is publishing this notice 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 this SIP revision should

adverse comments be filed. This rule will be effective October 19,

1998, without further notice unless the Agency receives adverse

comments by September 18, 1998.

If EPA receives such comments, then EPA will publish a document

withdrawing this 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 rule. Any parties interested

in commenting on this rule should do so at this time. If no such

comments are received, the public is advised that this rule will be

effective on October 19, 1998 and no further action will be taken on

the proposed rule.

IV. Administrative Requirements

A. Executive Orders 12866 and 13045

The Office of Management and Budget has exempted this regulatory

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

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 economic 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.

The SIP revisions in this rule do not create any new requirements,

but simply remove previously-approved SIP requirements that are no

longer in effect in the VCAPCD. Therefore, because this SIP revision

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 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).

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 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. This Federal action removes from the SIP outdated

requirements under state or local law, and imposes no new Federal

requirements. Accordingly, no additional costs to state, local, or

tribal governments, or to 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 19, 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: August 3, 1998.

David P. 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)(29)(vi)(B)

and (c)(164)(i)(C)(3) to read as follows:

Sec. 52.220 Identification of Plan.

* * * * *

(c) * * *

(29) * * *

(vi) * * *

(B) Previously approved on August 15, 1977 and now deleted without

replacement Rules 65 and 66.

* * * * *

(164) * * *

[[Page 44399]]

(i) * * *

(C) * * *

(3) Previously approved on April 17, 1987 and now deleted without

replacement Rule 61.

* * * * *

[FR Doc. 98-22319 Filed 8-18-98; 8:45 am]

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