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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 210-0103a FRL-6185-1]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Sacramento Metropolitan Air Quality

Management 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. This action is an administrative

change which revises the definition of volatile organic compounds (VOC)

and updates the Exempt Compound list in rules from the Sacramento

Metropolitan Air Quality Management District (SMAQMD). The intended

effect of approving this action is to incorporate changes to the

definition of VOC and to update the Exempt Compound list in SMAQMD

rules to be consistent with the revised federal and state VOC

definitions.

DATES: This rule is effective on January 8, 1999, without further

notice, unless EPA receives adverse comments by December 9, 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 must be submitted to Cynthia G. Allen at

the Region IX office listed below. Copies of the rule revisions and

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 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

Sacramento Metropolitan Air Quality Management District, 8411 Jackson

Rd., Sacramento, CA 95826

FOR FURTHER INFORMATION CONTACT: Cynthia G. Allen, Rulemaking Office,

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

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

1189.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rules with definition revisions being approved into the

California SIP include the following SMAQMD Rules: Rule 101, General

Provisions and Definitions; Rule 442, Architectural Coatings; Rule 443,

Leaks From Synthetic Organic Chemical and Polymer Manufacturing; Rule

447, Organic Liquid Loading; Rule 452, Can Coating; Rule 456, Aerospace

Assembly and Component Coating Operations; and Rule 458, Large

Commercial Bread Bakeries. These rules were submitted by the California

Air Resources Board to EPA on May 18, 1998.

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II. Background

On June 16, 1995 (60 FR 31633) EPA published a final rule excluding

acetone from the definition of VOC. On February 7, 1996 (61 FR 4588)

EPA published a final rule excluding perchloroethylene from the

definition of VOC. On October 8, 1996 (61 FR 52848) EPA published a

final rule excluding HFC 43-10mee and HCFC 225ca and cb from the

definition of VOC. These compounds were determined to have negligible

photochemical reactivity and thus, were added to the Agency's list of

Exempt Compounds.

The State of California submitted many revised rules for

incorporation into its SIP on May 18, 1998, including the rules being

acted on in this administrative action. This action addresses EPA's

direct-final action for SMAQMD Rule 101, General Provisions and

Definitions; Rule 442, Architectural Coatings; Rule 443, Leaks From

Synthetic Organic Chemical and Polymer Manufacturing; Rule 447, Organic

Liquid Loading; Rule 452, Can Coating; Rule 456, Aerospace Assembly and

Component Coating Operations; Rule 458, Large Commercial Bread

Bakeries. Sacramento Metropolitan AQMD adopted these rules on September

5, 1996. These submitted rules were found to be complete on July 17,

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

CFR part 51 Appendix V 1 and is being finalized for approval

into the SIP.

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\1\ 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 administrative revision adds acetone, perchloroethylene, HFC

43-10mee and HCFC 225ca and cb to the list of compounds which make a

negligible contribution to tropospheric ozone formulation. 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).

III. EPA Evaluation and Action

This administrative action is necessary to make the VOC definition

in SMAQMD rules consistent with federal and state definitions of VOC.

This action will result in more accurate assessment of ozone formation

potential, will remove unnecessary control requirements and will assist

States in avoiding exceedences of the ozone health standard by focusing

control efforts on compounds which are actual ozone precursors.

The SMAQMD rules being affected by this action to revise the

definition of VOC include:

Rule 101--General Provisions and Definitions

Rule 442--Architectural Coatings

Rule 443--Leaks From Synthetic Organic Chemical and Polymer

Manufacturing

Rule 447--Organic Liquid Loading

Rule 452--Can Coating

Rule 456--Aerospace Assembly and Component Coating Operations

Rule 458--Large Commercial Bread Bakeries

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

adverse comments be filed. This rule will be effective January 8, 1999,

without further notice unless the Agency receives adverse comments by

December 9, 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 January 8, 1999, and no further action will

be taken on the proposed rule.

IV. Administrative Requirements

A. Executive Order 12866

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

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

``Regulatory Planning and Review.''

B. Executive Order 12875

Under E.O. 12875, EPA may not issue a regulation that is not

required by statute and that creates a mandate upon a state, local, or

tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments. If the mandate is unfunded, EPA must provide to the Office

of Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected state, local, and tribal

governments, the nature of their concerns, copies of written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, E.O. 12875 requires EPA to

develop an effective process permitting elected officials and other

representatives of state, local, and tribal governments ``to provide

meaningful and timely input in the development of regulatory proposals

containing significant unfunded mandates.''

Today's rule does not create a mandate on state, local or tribal

governments. The rule does not impose any enforceable duties on these

entities. Accordingly, the requirements of section 1(a) of E.O. 12875

do not apply to this rule.

C. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is

determined to be ``economically significant'' as defined under E.O.

12866, and (2) concerns an environmental health or safety risk that EPA

has reason to believe may have a disproportionate effect on children.

If the regulatory action meets both criteria, the Agency must evaluate

the environmental health or safety effects of the planned rule on

children, and explain why the planned regulation is preferable to other

potentially effective and reasonably feasible alternatives considered

by the Agency.

This rule is not subject to E.O. 13045 because it does not involve

decisions intended to mitigate environmental health or safety risks.

D. Executive Order 13084

Under E.O. 13084, EPA may not issue a regulation that is not

required by statute, that significantly affects or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments. If the mandate is unfunded,

EPA must provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, Executive Order 13084 requires EPA to develop

an effective process permitting elected and

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other representatives of Indian tribal governments ``to provide

meaningful and timely input in the development of regulatory policies

on matters that significantly or uniquely affect their communities.''

Today's rule does not significantly or uniquely affect the

communities of Indian tribal governments. This action does not involve

or impose any requirements that affect Indian Tribes. Accordingly, the

requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. 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. 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).

F. 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.

G. 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).

H. 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 January 8, 1999. 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: October 26, 1998.

Sally Seymour,

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)(255)(i)(A)(2)

to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(255) * * *

(i) * * *

(A) * * *

(2) Rules 101, 442, 443, 447, 452, 456, and 458, adopted on

September 5, 1996.

* * * * *

[FR Doc. 98-29965 Filed 11-6-98; 8:45 am]

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