Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Kern County Air Pollution Control District, Placer County Air Pollution Control District, San Joaquin Valley Unified Air Pollution Control District, Sacramento Metropolitan Air Quality Management District, and Santa Barbara County Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 198-0099a; FRL-6184-4]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Kern County Air Pollution Control

District, Placer County Air Pollution Control District, San Joaquin

Valley Unified Air Pollution Control District, Sacramento Metropolitan

Air Quality Management District, and Santa Barbara County Air Pollution

Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action on revisions to the

California State Implementation Plan. The revisions concern rules from

the following Districts: Kern County Air Pollution Control District

(KNCAPCD), Placer County Air Pollution Control District (PLCAPCD), San

Joaquin Valley Unified Air Pollution Control District (SJVUAPCD),

Sacramento Metropolitan Air Quality Management District (SMAQMD), and

Santa Barbara County Air Pollution Control District (SBCAPCD). This

approval action will incorporate these rules into the federally

approved SIP. The intended effect of approving these rules is to

regulate emissions of volatile organic compounds (VOCs) in accordance

with the requirements of the Clean Air Act, as amended in 1990 (CAA or

the Act). The revised rules control VOC emissions from motor vehicle

and mobile equipment refinishing, graphic arts, paper or fabric

coating, and screen printing. 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 January 12, 1999, without further

notice, unless EPA receives adverse by December 14, 1998. If EPA

received 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 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

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

302, Bakersfield, CA 93301

Placer County Air Pollution Control District, 11464 B Avenue,

Auburn, CA 95603

San Joaquin Valley Unified Air Pollution Control District, 1999

Tuolumne Street, Suite 200, Fresno, CA 93721

Sacramento Metropolitan Air Quality Management District, 8411

Jackson Road, Sacramento, CA 95826

Santa Barbara County Air Pollution Control District, 26 Castilian

Drive B-23, Goleta, CA 93117

FOR FURTHER INFORMATION CONTACT: Andrew Steckel, Rulemaking Office,

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

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

1185.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rules being approved into the California SIP include: KNCAPCD

Rule 410.4A--Motor Vehicle and Mobile Equipment Refinishing Operations

and Rule 410.7--Graphic Arts, PLCAPCD Rule 239--Graphic Arts, SJVUAPCD

Rule 4602--Motor Vehicle and Mobile Equipment Coating Operations and

Rule 4607--Graphic Arts, SMAQMD Rule 450--Graphic Arts and Rule 459--

Automotive, Truck and Heavy Equipment Refinishing Operations, and

SBCAQMD Rule 339--Motor Vehicle and Mobile Equipment Coating

Operations. These rules were submitted by the California Air Resources

Board (CARB) to EPA on May 10, 1996 (410.4A and 410.7), August 1, 1997

(239), March 10, 1998 (4602, 4607 and 339), and May 18, 1998 (450 and

459).

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 Southeast Desert

Modified Air Quality Management Area portion of Kern County, the

Sacramento Metro Area, which includes portions of El Dorado and Placer

Counties, the San Joaquin Valley Air Basin, and the Santa Barbara-Santa

Maria-Lompoc Area (Santa Barbara County). 43 FR 8964, 40 CFR 81.305. On

May 26, 1988, EPA notified the Governor of California, pursuant to

section 110(a)(2)(H) of the 1977 Act, that the above districts'

portions of the California SIP were 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. Public Law 101-549, 104 Stat. 2399,

codified at 42 U.S.C. 7401-7671q. In amended section 182(a)(2)(A) of

the CAA, Congress statutorily adopted the requirement that

nonattainment areas fix their deficient reasonably available control

technology (RACT) rules for ozone and established a deadline of May 15,

1991 for states to submit corrections of those deficiencies.

Section 182(a)(2)(A) applies to areas designated as nonattainment

prior to enactment of the amendments and classified as marginal or

above as of the date of enactment. It requires such areas to adopt and

correct RACT rules pursuant to pre-amended section 172(b) as

interpreted in pre-amendment guidance.1 EPA's SIP-Call used

that guidance to indicate the necessary corrections for specific

nonattainment areas. The Sacramento Metro Area is classified as severe,

the San Joaquin Valley Air Basin and all of Kern County is classified

as serious, and the Santa Barbara-Santa Maria-Lompoc Area is classified

as moderate; therefore, these areas were subject to the RACT fix-up

requirement and the May 15, 1991 deadline. However, the Southeast

Desert Air Basin portion of Kern County was not a pre-amendment

nonattainment area and, therefore was not designated and classified

upon enactment of the amended ACT. For this reason KNCAPCD is not

subject to the section 182(a)(2)(A) RACT fix-up requirement. The

KNCAPCD is, however, still subject

[[Page 63411]]

to the requirements of EPA's SIP-Call, because the SIP-Call included

all of Kern County.2

---------------------------------------------------------------------------

\1\ Among other things, the pre-amendment guidance consists of

those portions of the proposed Post-1987 ozone and carbon monoxide

policy that concern RACT, 52 FR 45044 (November 24, 1987); ``Issues

Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,

Clarification to Appendix D of November 24, 1987 Federal Register

Notice'' (Blue Book) (notice of availability was published in the

Federal Register on May 25, 1988); and the existing control

technique guidelines (CTGs)

\2\ The Sacramento Metro Area, the San Joaquin Valley Air Basin

and the Santa Barbara-Santa Maria-Lompoc Area retained their

designation of nonattainment and were classified by operation of law

pursuant to sections 107(d) and 181(a) upon the date of enactment of

the CAA. The Southeast Desert Air Basin portion of Kern County was

designated nonattainment on November 6, 1991 (56 FR 56649). On April

25, 1995, EPA published a final rule granting the State's request to

reclassify the Sacramento Metro Area to severe from serious (60 FR

20237). This reclassification became effective on June 1, 1995.

---------------------------------------------------------------------------

The State of California submitted many revised RACT rules for

incorporation into its SIP on May 10, 1996, August 1, 1997, March 10,

1998, and May 18, 1998, including the rules being acted on in this

document. This document addresses EPA's direct-final action for KNCAPCD

Rule 410.4A--Motor Vehicle and Mobile Equipment Refinishing Operations

and Rule 410.7--Graphic Arts, PLCAPCD Rule 239--Graphic Arts, SJVUAPCD

Rule 4602--Motor Vehicle and Mobile Equipment Coating Operations and

Rule 4607--Graphic Arts, SMAQMD Rule 450--Graphic Arts and Rule 459--

Automotive, Truck and Heavy Equipment Refinishing Operations, and

SBCAQMD Rule 339--Motor Vehicle and Mobile Equipment Coating

Operations. KNCAPCD adopted Rules 410.4A and 410.7 on March 7, 1996,

PLCAPCD adopted Rule 239 on February 13, 1997, SJVUAPCD adopted Rules

4602 and 4607 on September 17, 1997, SMAQMD adopted Rule 450 on

December 5, 1996 and Rule 459 on October 2, 1997, and SBCAPCD adopted

Rule 339 on April 17, 1997. These submitted rules were found to be

complete on July 19, 1996 (410.4A and 410.7), September 30, 1997 (239),

May 21, 1998 (4602, 4607 and 339), and July 17, 1998 (450 and 459)

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

part 51, appendix V 3 and are being finalized for approval

into the SIP.

---------------------------------------------------------------------------

\3\ 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).

---------------------------------------------------------------------------

KNCAPCD Rule 410.4A, SJVUAPCD Rule 4602, SMAQMD Rule 459, and

SBCAPCD Rule 339 control emissions of volatile organic compounds (VOCs)

from refinishing of automobiles and other mobile equipment. KNCAPCD

Rule 410.7, PLCAPCD Rule 239, and SMAQMD Rule 450 limit emissions of

VOCs from graphic arts operations. SJVUAPCD Rule 4607 limits emissions

of VOCs from graphic arts, screen printing and paper or fabric coating

operations. VOCs contribute to the production of ground level ozone and

smog. These rules were originally adopted as part of the above

Districts' efforts to achieve the National Ambient Air Quality Standard

(NAAQS) for ozone and in response to EPA's SIP-Call and the section

182(a)(2)(A) CAA requirement. The following is EPA's evaluation and

final action for these rules.

III. EPA Evaluation and Action

In determining the approvability of a VOC rule, EPA must evaluate

the rule for consistency with the requirements of the CAA and EPA

regulations, as found in section 110 and part D of the CAA and 40 CFR

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

Implementation Plans). The EPA interpretation of these requirements,

which forms the basis for today's action, appears in the various EPA

policy guidance documents listed in footnote 1. Among those provisions

is the requirement that a VOC rule must, at a minimum, provide for the

implementation of RACT for stationary sources of VOC emissions. This

requirement was carried forth from the pre-amended Act.

For the purpose of assisting state and local agencies in developing

RACT rules, EPA prepared a series of Control Technique Guideline (CTG)

documents. The CTGs are based on the underlying requirements of the Act

and specify the presumptive norms for what is RACT for specific source

categories. Under the CAA, Congress ratified EPA's use of these

documents, as well as other Agency policy, for requiring States to

``fix-up'' their RACT rules. See section 182(a)(2)(A). The CTG

applicable to KNCAPCD Rule 410.7, PLCAPCD Rule 239, SMAQMD Rule 450,

and the graphic arts sections of SJVUAPCD Rule 4607 is entitled,

Control of Volatile Organic Emissions from Existing Stationary

Sources--Volume VIII: Graphic Arts--Rotogravure and Flexography, EPA

450/2-78-033, December 1978. The CTG applicable to the paper or fabric

coating section of SJVUAPCD Rule 4607 is entitled, Control of Volatile

Organic Emissions from Existing Stationary Sources--Volume II: Surface

Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty

Trucks, EPA-450/2-77-008, May 1977. The remaining part of SJVUAPCD Rule

4607 controls emissions from a source category for which EPA has not

issued a CTG. Accordingly this section of the rule was evaluated

against the general RACT requirements of the Clean Air Act (CAA section

110 and part D). KNCAPCD Rule 410.4A, SJVUAPCD Rule 4602, SMAPCD Rule

459, and SBCAPCD Rule 339 control emissions from a source category for

which EPA has not issued a CTG. Accordingly these rules were evaluated

against the general RACT requirements of the Clean Air Act (CAA section

110 and part D), and against the document entitled, National Volatile

Organic Compound Emission Standard for Automobile Refinish Coatings (40

CFR part 59, subpart E). Further interpretations of EPA policy are

found in the Blue Book, referred to in footnote 1. In general, these

guidance documents have been set forth to ensure that VOC rules are

fully enforceable and strengthen or maintain the SIP.

There is currently no version of KNCAPCD Rule 410.4A--Motor Vehicle

and Mobile Equipment Refinishing Operations in the SIP. The submitted

rule includes the following provisions:

VOC content limits of coatings and dates by which

facilities must meet the limits,

Provisions for an optional emission control system in lieu

of compliant coatings,

The requirement to apply coatings only in permitted,

properly maintained paint spray booth at locations with appropriate

city or county zoning,

Work practice standards and regulations concerning surface

preparation and equipment clean-up,

A prohibition to specify the application of, and to sell

noncompliant automobile refinish coatings within the district,

Exemption for touch-up operations not to exceed 9 sq. ft.,

coating of engine compartment, engine and suspension components, and

aerosol containers not to exceed the capacity of 18 oz.,

Requirements for recordkeeping, and

Test methods to be used when determining compliance with

this rule.

On July 11, 1997, EPA approved into the SIP a version of Rule

410.7--Graphic Arts that had been adopted by KNCAPCD on May 6, 1991.

KNCAPCD submitted Rule 410.7--Graphic Arts includes the following

significant changes from the current SIP:

A reference to KNCAPCD Rule 102 was added in lieu of

listing the VOC exempt compounds.

On July 11, 1997, EPA approved into the SIP a version of Rule 239--

Graphic Arts that had been adopted by PLCAPCD on June 8, 1995. PLCAPCD

submitted Rule 239--Graphic Arts includes the following significant

changes from the current SIP:

An exemption for screen printing operations,

[[Page 63412]]

An exemption from the provisions of PLCAPCD Rule 219--

Organic Solvents,

A reference to the correct collection efficiency test

method, and

The rule was reformatted and contains a number of wording

changes to enhance clarity and enforceability. On May 6, 1996, EPA

approved into the SIP a version of Rule 4602--Motor Vehicle and Mobile

Equipment Coating Operations that had been adopted by SJVUAPCD on June

15, 1995. SJVUAPCD submitted Rule 4602--Motor Vehicle and Mobile

Equipment Coating Operations includes the following significant changes

from the current SIP:

An amended multistage coating definition, and

Wording changes to enhance clarity and enforceability of

the rule.

On September 7, 1995, EPA approved into the SIP a version of Rule

4607--Graphic Arts that had been adopted by SJVUAPCD on May 19, 1994.

SJVUAPCD submitted Rule 4607--Graphic Arts includes the following

significant changes from the current SIP:

An expanded definition section,

A lower exemption threshold of 400 lbs. Of VOC per

calender month (was 75 lbs. per day),

An exemption for proof presses and blanket repair material

used in containers of 4 fl. oz. or less,

Revised and expanded the record keeping requirements, and

Additional test methods to determine compliance with the

rule.

On October 4, 1994, EPA approved into the SIP a version of Rule

450--Graphic Arts that had been adopted by SMAQMD on February 23, 1993.

Revisions to this rule were subsequently adopted, and then were

superceded by the submitted version. In evaluating the submitted

version, EPA reviewed materials associated with the superceded

revisions. SMAQMD submitted Rule 450--Graphic Arts includes the

following significant changes from the current SIP:

An exemption from the provisions of SMAQMD Rule 411--

Organic Solvents,

Added the definition of rotogravure printing,

Changed the definition of exempt compound as having the

same meaning as in SMAQMD Rule 101--General Provisions and Definitions,

and

Changed the definition of VOC as having the same meaning

as in SMAQMD Rule 101.

There is currently no version of SMAQMD Rule 459--Automotive, Truck

and Heavy Equipment Refinishing Operations in the SIP. Earlier

revisions to this rule were adopted, and then subsequently revised by

the submitted version. In evaluating this rule, EPA reviewed materials

associated with the superceded versions. The submitted rule includes

the following provisions:

A purpose and applicability section,

Exemptions for restoration of special interest and street

rod vehicles, aerosol containers, radiator, drive train, and engine

component coatings, stencil coatings, and touch-up coatings,

A severability provision,

A standards section containing the VOC limits for coatings

and effective dates, requirements for optional emission control

equipment, VOC limits and storage requirements for surface preparation

and clean-up material,

An administrative section containing the following: a

requirement that any person using emission control equipment must

submit an operation and maintenance plan, the calculations to determine

VOC mass emission rate and percent control efficiency, the calculations

to determine VOC content of coatings, less water and exempt compounds,

and the calculations to determine the VOC content of coating removers,

surface preparation and clean-up material,

A monitoring and records section that defines the record

keeping requirement and record retention time for end users, requires

any person that sells coatings within the district to keep sales

records, and contains the Test methods to be used in determining

compliance.

On July 11, 1997, EPA approved into the SIP a version of Rule 239--

Graphic Arts that had been adopted by SBCAPCD on June 8, 1995. SBCAPCD

submitted Rule 239--Graphic Arts includes the following significant

changes from the current SIP:

The list of VOC exempt compounds was moved from this rule

to SBCAPCD Rule 102--Definitions.

EPA has evaluated the submitted rules and has determined that they

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

Therefore, KNCAPCD Rule 410.4A--Motor Vehicle and Mobile Equipment

Refinishing Operations and Rule 410.7--Graphic Arts, PLCAPCD Rule 239--

Graphic Arts, SJVUAPCD Rule 4602--Motor Vehicle and Mobile Equipment

Coating Operations and Rule 4607--Graphic Arts, SMAQMD Rule 450--

Graphic Arts and Rule 459--Automotive, Truck and Heavy Equipment

Refinishing Operations, and SBCAQMD Rule 339--Motor Vehicle and Mobile

Equipment Coating Operations are being approved under section 110(k)(3)

of the CAA as meeting the requirements of section 110(a) and part D.

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 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 12, 1999

without further notice unless the Agency receives adverse comments by

December 14, 1998.

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

withdrawal of the direct 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 January 12, 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

[[Page 63413]]

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 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 12, 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).)

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.

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.

[[Page 63414]]

Dated: October 23, 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. 7401 et seq.

Subpart F--California

2. Section 52.220 is amended by adding paragraphs

(c)(231)(i)(B)(4), (248)(i)(C), (254)(i)(A)(3), (254)(i)(C)(2), and

(255) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(231) * * *

(i) * * *

(B) * * *

(4) Rule 410.4A, adopted on May 6, 1991 and amended on March 7,

1996 and Rule 410.7, adopted on June 29, 1981 and amended on March 7,

1996.

* * * * *

(248) * * *

(i) * * *

(C) Placer County Air Pollution Control District.

(1) Rule 239, adpoted on November 3, 1994 and amended on February

13, 1997.

* * * * *

(254) * * *

(i) * * *

(A) * * *

(3) Rules 4602 and 4607, adopted on April 11, 1991 and amended on

September 17, 1997.

* * * * *

(C) * * *

(2) Rule 339, adopted on November 5, 1991 and revised on April 17,

1997.

* * * * *

(255) New and amended regulations for the following APCD's were

submitted on May 18, 1998, by the Governor's designee.

(i) Incorporation by reference.

(A) Sacramento Metropolitan Air Quality Management District.

(1) Rule 450, adopted on July 23, 1981 and amended on December 5,

1996, and Rule 459, adopted on December 7, 1995 and amended on October

2, 1997.

* * * * *

[FR Doc. 98-30273 Filed 11-12-98; 8:45 am]

BILLING CODE 6560-50-P