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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 179-0066; FRL-5963-1]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Bay Area Air Quality Management

District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing the approval of a revision to the California

State Implementation Plan (SIP) proposed in the Federal Register on

December 8, 1997. The revision concerns a rule from the Bay Area Air

Quality Management District (BAAQMD). This approval action will

incorporate this rule into the federally approved SIP. The intended

effect of approving this rule 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 rule

controls VOC emissions from architectural coatings. Thus, EPA is

finalizing the approval of this revision into the California SIP under

provisions of the CAA regarding EPA action on SIP submittals, EPA's

general rulemaking authority, plan submissions, and enforceability

guidelines.

EFFECTIVE DATE: This action is effective on March 20, 1998.

ADDRESSES: Copies of the rule revisions and EPA's evaluation report for

this rule is 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,

SW., Washington, DC 20460.

[[Page 8127]]

California Air Resources Board, Stationary Source Division, Rule

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

Bay Area Air Quality Management District, 939 Ellis Street, San

Francisco, 94109.

FOR FURTHER INFORMATION CONTACT: Yvonne Fong, Rulemaking Office, (AIR-

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

Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1199.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rule being approved into the California SIP is BAAQMD Rule 8-3,

Architectural Coatings. This rule was submitted by the California Air

Resources Board to EPA on July 23, 1996.

II. Background

On December 8, 1997 in 62 FR 64543, EPA proposed to approve the

BAAQMD's Rule 8-3, Architectural Coatings into the California SIP. Rule

8-3 was adopted by the BAAQMD on December 20, 1995 and was submitted by

the California Air Resources Board to EPA on July 23, 1996. A detailed

discussion of the background for this rule is provided in the proposed

rulemaking cited above.

EPA has evaluated the above rule for consistency with the

requirements of the CAA and EPA regulations and EPA interpretation of

these requirements as expressed in the various EPA policy guidance

documents referenced in the proposed rulemaking cited above. EPA has

found that the rule meets the applicable EPA requirements. A detailed

discussion of the rule provisions and evaluation has been provided in

62 FR 64543 and in a technical support document (TSD) available at

EPA's Region IX office (TSD dated November 10, 1997).

III. Response to Public Comments

A 30-day public comment period was provided in 62 FR 64543. EPA

received no comments on the proposed rulemaking prior to the closing of

the comment period on January 7, 1998.

IV. EPA Action

EPA is finalizing action to approve the above rule for inclusion

into the California SIP. EPA is approving the submittal under section

110(k)(3) as meeting the requirements of section 110(a) of the CAA.

This approval action will incorporate this rule into the federally

approved SIP. The intended effect of approving this rule is to regulate

emissions of VOCs in accordance with the requirements of the CAA.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any state 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.

V. 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 sections 110 and 301 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 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

the 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 20, 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.

[[Page 8128]]

Dated: January 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 paragraph (c)(239)(i)(E)(3)

to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(239) * * *

(i) * * *

(E) * * *

(3) Rule 8-3, adopted on March 1, 1978, revised on December 20,

1995.

* * * * *

[FR Doc. 98-4011 Filed 2-17-98; 8:45 am]

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