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 206-0095a; FRL-6164-6]

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. The revisions concern negative

declarations from the San Diego County Air Pollution Control District

(SDCAPCD) for nine source categories that emit volatile organic

compounds (VOC). The SDCAPCD has certified that major sources in these

source categories are not present in the District and this information

is being added to the federally approved State Implementation Plan

(SIP). The intended effect of approving these negative declarations is

to meet 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.

DATES: This rule is effective on November 23, 1998 without further

notice, unless EPA receives adverse comments by October 23, 1998. If

EPA receives such comment, it will publish a timely withdrawal in the

Federal Register informing the public that this rule will not take

effect.

ADDRESSES: Written comments may be mailed to Andrew Steckel, Rulemaking

Office, Air Division, (AIR-4) at the address below. Copies of the

submitted negative declarations are available for public inspection at

EPA's Region IX office and also at the following locations during

normal business hours.

Rulemaking Office (AIR-4), Air Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105

Air Docket (6102), U.S. Environmental Protection Agency, 401 ``M''

Street, SW, Washington, DC 20460

California Air Resources Board, Stationary Source Division, Rule

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

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

San Diego, CA 92123-1096

FOR FURTHER INFORMATION CONTACT: Julie A. Rose, Rulemaking Office (AIR-

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

Street, San Francisco, CA 94105, Telephone: (415) 744-1184.

SUPPLEMENTARY INFORMATION:

I. Applicability

The revisions being approved as additional information for the

California SIP include nine negative declarations for VOC source

categories from the SDCAPCD: (1) Synthetic organic chemical

manufacturing (SOCMI)--distillation, (2) SOCMI--reactors, (3) wood

furniture, (4) plastic parts coatings (business machines), (5) plastic

parts coatings (other), (6) offset lithography, (7) industrial

wastewater, (8) autobody refinishing, and (9) volatile organic liquid

storage. These negative declarations were submitted by the California

Air Resources Board (CARB) to EPA on February 25, 1998.

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 SDCAPCD within the San

Diego Area (SDA). 43 FR 8964, 40 CFR 81.305. Because this area was

unable to meet the statutory attainment date of December 31, 1982,

California requested under section 172 (a)(2), and EPA approved, an

extension of the attainment date to December 31, 1987.

[[Page 50765]]

(40 CFR 52.222). 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.

In amended section 182(b)(2) of the CAA, Congress statutorily

adopted the requirement that States must develop reasonably available

control technology (RACT) rules for VOC sources ``covered by a Control

Techniques Guideline (CTG) document issued by the Administrator between

November 15, 1990 and the date of attainment.'' On April 28, 1992, in

the Federal Register, EPA published a CTG document which indicated

EPA's intention to issue CTGs for eleven source categories and EPA's

requirement to prepare CTGs for two additional source categories within

the same time frame. This CTG document established time tables for the

submittal of a list of applicable sources and the submittal of RACT

rules for those major sources for which EPA had not issued a CTG

document by November 15, 1993. The CTG specified that states were

required to submit RACT rules by November 15, 1994 for those categories

for which EPA had not issued a CTG document by November 15, 1993.

Section 182(b)(2) applies to areas designated as nonattainment

prior to enactment of the amendments and classified as moderate or

above as of the date of enactment. The SDA is classified as serious;

1 therefore, SDA was subject to the post-enactment CTG

requirement and the November 15, 1994 deadline. For source categories

not represented within the portions of the SDA designated nonattainment

for ozone, EPA requires the submission of a negative declaration

certifying that major sources are not present.

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\1\ 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. See 55 FR 56694

(November 6, 1991). The San Diego Area was reclassified from severe

to serious on January 19, 1995. See 60 FR 3771.

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The SDCAPCD negative declarations were adopted on October 22, 1997

and submitted by the State of California on February 25, 1998. The

SDCAPCD negative declarations were found to be complete on April 7,

1998 pursuant to EPA's completeness criteria that are set forth in 40

CFR Part 51, Appendix V 2 and are being finalized for

approval into the SIP as additional information.

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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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This document addresses EPA's direct final action for the SDCAPCD

negative declarations for the following VOC categories: (1) Synthetic

organic chemical manufacturing (SOCMI)--distillation, (2) SOCMI--

reactors, (3) wood furniture, (4) plastic parts coatings (business

machines), (5) plastic parts coatings (other), (6) offset lithography,

(7) industrial wastewater, (8) autobody refinishing, and (9) volatile

organic liquid storage. The submitted negative declarations represent

nine of the thirteen source categories listed in EPA's CTG document.

3 Of the nine submitted negative declarations, SDCAPCD has

approved SIP regulations for minor sources in five source categories:

wood furniture, plastic parts coating (other), offset lithography,

autobody refinishing, and volatile organic liquid storage.

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\3\ SDCAPCD has submitted RACT rules for three other major

source categories: Aerospace, SOCMI Batch Processing, and

Shipbuilding. The fourth category, Clean Up Solvents, is represented

in each separate Reasonably Available Control Technology rule in the

SDCAPCD SIP.

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The submitted negative declarations certify that there are no major

VOC sources in these source categories located inside the SDCAPCD. VOCs

contribute to the production of ground level ozone and smog. These

negative declarations were adopted as part of SDCAPCD's effort to meet

the requirements of section 182(b)(2) of the CAA.

III. EPA Evaluation and Action

In determining the approvability of a negative declaration, EPA

must evaluate the declarations for consistency with the requirements of

the CAA and EPA regulations, as found in section 110 of the CAA and 40

CFR part 51 (Requirements for Preparation, Adoption, and Submittal of

Implementation Plans).

An analysis of SDCAPCD's emission inventory revealed that there are

no major sources of VOC emissions from: SOCMI--distillation, SOCMI--

reactors, wood furniture, plastic parts coatings (business machines),

plastic parts coatings (other), offset lithography, industrial

wastewater, autobody refinishing, and volatile organic liquid storage.

SDCAPCD's review of their permit files also indicated that major

sources in these source categories do not exist in the SDCAPCD. In a

document adopted on October 22, 1997, SDCAPCD certified that SDCAPCD

does not have any major stationary sources in these source categories

located within the federal ozone nonattainment planning area.

EPA has evaluated these negative declarations and has determined

that they are consistent with the CAA, EPA regulations, and EPA policy.

SDCAPCD's negative declarations for the VOC sources listed above are

being approved under section 110(k)(3) of the CAA as meeting the

requirements of section 110(a) and Part D.

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, the EPA is publishing a separate document

that will serve as the proposal to approve the SIP revision should

adverse comments be filed. This action will be effective November 23,

1998, without further notice unless the Agency receives adverse

comments by October 23, 1998.

If the EPA receives such comments, then EPA will publish a timely

withdrawal in the Federal Register 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 November 23, 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 (OMB) has exempted this

regulatory action from Executive Order (E.O.) 12866, entitled

``Regulatory Planning and 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 ``economically significant'' action under E.O. 12866.

B. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities.

[[Page 50766]]

Small entities include small businesses, small not-for-profit

enterprises, and small governmental jurisdictions. This final rule will

not have a significant impact on a substantial number of small entities

because 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 create any new requirements, I certify

that this action will not have a significant economic impact on a

substantial number of small entities. Moreover, due to the nature of

the Federal-State relationship under the Clean Air Act, preparation of

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

annual 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 annual 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

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 Comptroller General

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 November 23, 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,

Intergovernmental relations, Ozone, Reporting and recordkeeping

requirements, Volatile organic compounds.

Dated: September 8, 1998.

Felicia Marcus,

Regional Administrator, Region IX.

Subpart F of 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 52.222 is being amended by adding paragraph (a)(5) to

read as follows:

Sec. 52.222 Negative declarations.

(a) * * *

(5) San Diego County Air Pollution Control District. (i) Synthetic

organic chemical manufacturing (distillation), synthetic organic

chemical manufacturing (reactors), wood furniture, plastic parts

coatings (business machines), plastic parts coatings (other), offset

lithography, industrial wastewater, autobody refinishing, and volatile

organic liquid storage were submitted on February 25, 1998 and adopted

on October 22, 1997.

* * * * *

[FR Doc. 98-25328 Filed 9-22-98; 8:45 am]

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