Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Kern County Air Pollution Control District; Monterey Bay Unified Air Pollution Control District; Ventura County Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 172-0040a; FRL-5956-9]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Kern County Air Pollution Control

District; Monterey Bay Unified Air Pollution Control District; 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 Kern County Air Pollution Control District (KCAPCD), Monterey

Bay Unified Air Pollution Control District (MBUAPCD), and Ventura

County Air Pollution Control District (VCAPCD). This approval action

will incorporate these rules into the federally approved SIP. The

intended effect of approving these rules is to incorporate changes to

the definition of VOC and exempt compound list in KCAPCD, MBUAPCD,

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and VCAPCD rules into the SIP to be consistent with the revised federal

definition.

DATES: This action is effective on April 7, 1998 unless adverse or

critical comments are received by March 9, 1998. If the effective date

is delayed, timely notice will be published in the Federal Register.

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

rules 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,

SW., Washington, DC 20460.

California Air Resources Board, Stationary Source Division, Rule

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

Kern County Air Pollution Control District, 2700 ``M'' Street, Suite

290, Bakersfield, CA 93301.

Monterey Bay Unified Air Pollution Control District, 24580 Silver Cloud

Court, Monterey, CA 93940.

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

Ventura, CA 93003.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, Rulemaking Office

(Air-4, Air Division, U.S. Environmental Protection Agency, Region IX,

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

1197.

SUPPLEMENTARY INFORMATION:

Applicability

The rules being approved into the California SIP include KCAPCD

Rule 410.1, Architectural Coatings; KCAPCD Rule 410.5, Cutback, Slow

Cure and Emulsified Asphalt, Paving and Maintenance Operations; KCAPCD

Rule 411, Storage of Organic Chemicals; KCAPCD Rule 414.5, Pump and

Compressor Seals at Petroleum Refineries and Chemical Plants; MBUAPCD

Rule 101, Definitions; and VCAPCD Rule 2, Definitions. The following

table contains the adoption and submittal dates of each rule:

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Rule Adopted Submitted

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KCAPCD 410.1.................................... 3/7/96 5/10/96

KCAPCD 410.5.................................... 3/7/96 5/10/96

KCAPCD 411...................................... 3/7/96 5/10/96

KCAPCD 414.5.................................... 3/7/96 5/10/96

MBUAPCD 101..................................... 11/13/96 3/3/97

VCAPCD 2........................................ 4/9/96 7/23/96

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Background

The State of California submitted the above rules for inclusion

into its SIP. These SIP revisions add several compounds to the

Districts' list of exempt organic compounds that EPA has determined to

have negligible photochemical reactivity. Thus, EPA is finalizing the

approval of the revised definitions to be incorporated into the

California SIP for the attainment of the national ambient air quality

standards (NAAQS) for ozone under title I of the Clean Air Act (CAA or

the Act).

EPA Evaluation and Action

This action is necessary to make the VOC definitions in the rules

from KCAPCD, MBUAPCD, and VCAPCD consistent with the federal

definition. This action will result in a more accurate assessment of

ozone formation potential, will remove unnecessary control requirements

and will assist Districts in avoiding exceedences of the ozone health

standard by focusing control efforts on compounds which are actual

ozone precursors.

The VOC definition and list of exempt compounds have been deleted

from the following KCAPCD rules. These rules have been revised to

reference KCAPCD Rule 102, Definitions, approved on October 7, 1996 (61

FR 52297):

Rule 410.1 Architectural Coatings

Rule 410.5 Cutback, Slow Cure and Emulsified Asphalt,

Paving and Maintenance Operations

Rule 411 Storage of Organic Chemicals

Rule 414.5 Pump and Compressor Seals at Petroleum

Refineries and Chemical Plants

The following revisions were made in MBUAPCD Rule 101, Definitions:

The format of the rule was changed adding sections for

purpose, applicability, exemptions, and effective date.

The definition for ``volatile organic compound'' and an

``exempt compound list'' have been added. Other District rules and

regulations will reference these definitions.

VCAPCD Rule 2, Definitions, has been amended to include acetone,

ethane, parachlorobenzotrifluoride (PCBTF), and volatile methylated

siloxanes (VMS) on the list of ``exempt organic compounds''.

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 action without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective April 7, 1998, unless, by March 9, 1998, adverse or critical

comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent action that will

withdraw the final action. All public comments received will then be

addressed in a subsequent final rule based on this action serving as a

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 action will be effective April 7, 1998.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from E.O. 12866 review.

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

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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

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted 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

General Accounting Office prior to publication of the rule in today's

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 April 7, 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: January 15, 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. et seq.

Subpart F--California

2. Section 52.220 is amended by adding paragraphs

(c)(231)(i)(B)(2), (239)(i)(D)(1), and (244) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(231) * * *

(i) * * *

(B) * * *

(2) Rule 410.1, Rule 410.5, Rule 411, and Rule 414.5 amended on

March 7, 1996.

* * * * *

(239) * * *

(i) * * *

(D) * * *

(1) Rule 2 amended on April 9, 1996.

* * * * *

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

submitted on March 3, 1997, by the Governor's designee.

(i) Incorporation by reference.

(A) Monterey Bay Unified Air Pollution Control District.

(1) Rule 101 revised on November 13, 1996.

* * * * *

[FR Doc. 98-2871 Filed 2-5-98; 8:45 am]

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