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-011-0063; FRL-5966-8]

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.

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

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

California State Implementation Plan. The revisions concern rules for

San Diego County Air Pollution Control District (SDCAPCD or District).

This approval action will incorporate these rules into the federally

approved State Implementation Plan (SIP). The intended effect of

approving these rules is to regulate emissions of volatile organic

compounds (VOCs), oxides of nitrogen (NOX) and other

pollutants in accordance with the requirements of the Clean Air Act, as

amended in 1990 (CAA of the Act). These revisions consist of

administrative and minor changes to ten rules that have been previously

incorporated into the federal approved SIP. 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 action is effective on May 11, 1998 unless adverse or

critical comments are received by April 10, 1998. If the effective date

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

ADDRESSES: Comments must be submitted to Andrew Steckel at the Region

IX address listed. Copies of the rule revisions 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 95814

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

San Diego, CA 92123-1096

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 being approved into the California SIP include: SDCAPCD

Rule 10, Permits Required, submitted on March 3, 1997; Rule 17,

Cancellation of Application, submitted on March 1, 1982; Rule 19,

Provision of Sampling and Testing Facilities, submitted on November 18,

1993; Rule 21, Permit Conditions, submitted March 26, 1997; Rule 61.7,

Spillage and Leakage of VOC and Rule 61.8, Certification of

Requirements for Vapor Control Equipment, submitted on June 9, 1987;

and Rule 101, Definitions (Open Burning), Rule 102, Open Fires, Western

Section, Rule 103, Open Fires, Eastern Section, and Rule 108, Burning

Conditions, submitted on December 31, 1990.

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 San Diego, see 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

San Diego county 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). In response to the SIP call

and other requirements, the SDCAPCD submitted many rules which EPA

approved into the SIP.

This document addresses EPA's direct-final action for the following

SDCAPCD rules: Rule 10, Permits Required; Rule 17, Cancellation of

Applications; Rule 19, Provision of Sampling and Testing Facilities;

Rule 21, Permit Conditions; Rule 61.7, Spillage and Leakage of VOC;

Rule 61.8, Certification of Requirements for Vapor Control Equipment;

Rule 101, Definitions (Open Burning); Rule 102, Open Fires, Western

Section; Rule 103, Open Fires, Eastern Section; and Rule 108, Burning

Conditions. These rules were adopted by SDCAPCD on November 25, 1981

(Rule 17), March 1, 1982 (Rule 17), January 13, 1987 (Rules 61.7 and

61.8), March 27, 1990 (Rules 101, 102, 103, and 108), April 4, 1993

(Rule 19), November 29, 1994 (Rule 21), and July 25, 1995 (Rule 10),

and submitted by the State of California for incorporation into its SIP

on June 9, 1987 (Rules 61.7 and 61.8), December 31, 1990 (Rules 101,

102, 103, and 108), November 18, 1993 (Rule 19), March 3, 1997 (Rule

10), and March 26, 1997 (Rule 21). These rules were found to be

complete on August 6 and 12, 1997 (Rules 21 and 10, respectively),

December 27, 1993 (Rule 19) and February 28, 1991 (Rules 101, 102, 103,

and 108), pursuant to EPA's completeness criteria that are set forth

[[Page 11832]]

in 40 CFR part 51, Appendix V 1 and are being finalized for

approval into the SIP. These rules were originally adopted as part of

SDCAPCD's efforts to achieve the National Ambient Air Quality Standards

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

182(a)(2)(A) CAA requirement.

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

\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).

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

The following is EPA's evaluation and final action for these rules.

III. EPA Evaluation and Action

In determining the approvability of a 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

appears in various EPA policy guidance documents.2

\2\ 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 Deviation,

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).

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

EPA previously reviewed many rules from the SDCAPCD and

incorporated them into the federally approved SIP pursuant to section

110(k)(3) of the CAA. Those rules that are being superseded and/or

deleted 3 by today's action are as follows:

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

\3\ Listed rules are superseded unless designated as deleted.

Rule 10, Permits (submitted 07/19/83, 08/15/80, and 06/30/72)

Rule 12, Transfer (submitted 06/30/72)

Rule 13, Compliance Time (submitted 06/30/72)

Rule 17, Cancellation of Applications (submitted 06/02/80)

Rule 19, Provision of Sampling and Testing Facilities (submitted 9/5/

80)

Rule 21, Permit Conditions (submitted 05/28/81)

Rule 55, Exceptions (submitted 07/25/73)

Rule 61.7, Spillage and Leakage of VOC (submitted 05/23/79)

Rule 61.8, Certification Requirements for Vapor Control Equipment

(submitted 10/19/84)

Rule 101, Definitions (submitted 10/23/81)

Rule 102, Open Fires--Western Section (submitted 10/23/81)

Rule 103, Open Fires--Eastern Section (submitted 10/23/81)

Rule 108, Burning Conditions (submitted 07/25/73)

EPA has evaluated the submitted rules and has determined that they

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

Therefore, SDCAPCD Rule 10, Permits Required; Rule 17, Cancellation of

Applications; Rule 19, Provision of Sampling and Testing Facilities;

Rule 21, Permit Conditions; Rule 61.7, Spillage and Leakage of VOC;

Rule 61.8, Certification of Requirements For Vapor Control Equipment;

Rule 101, Definitions (Open Burning); Rule 102, Open Fires, Western

Section; Rule 103, Open Fires Eastern Section; and Rule 108, Burning

Conditions, 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 document 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 May 11, 1998, unless, by April 10, 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 document 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 May 11, 1998.

IV. Administrative Requirements

A. Executive Order 12866

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. 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

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

[[Page 11833]]

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 May 11, 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: February 2, 1998.

Felicia Marcus,

Regional Administrator, EPA, 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)(6)(i)(C),

(c)(21)(vi)(C), (c)(121)(ii)(C), (c)(173)(i)(E), (c)(182)(i)(E),

(c)(194)(i)(E)(2), (c)(244)(i)(B), and (c)(245)(i)(B), and adding and

reserving paragraph (c)(21)(vi)(B), to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(6) * * *

(i) * * *

(C) Previously approved on September 22, 1972 and now deleted

without replacement, Rules 12 and 13.

* * * * *

(21) * * *

(vi) * * *

(B) [Reserved]

(C) Previously approved on May 11, 1977 and now deleted without

replacement, Rule 55.

* * * * *

(121) * * *

(ii) * * *

(C) Amended Rule 17, adopted on November 25, 1981.

* * * * *

(173) * * *

(i) * * *

(E) San Diego County Air Pollution Control District.

(1) Amended Rules 61.7 and 61.8, adopted on January 13, 1987.

* * * * *

(182) * * *

(i) * * *

(E) San Diego County Air Pollution Control District.

(1) Amended Rules 101, 102, 103, and 108, adopted March 27, 1990.

* * * * *

(194) * * *

(i) * * *

(E) * * *

(2) Amended Rule 19, adopted April 6, 1993.

* * * * *

(244) * * *

(i) * * *

(B) San Diego County Air Pollution Control District.

(1) Amended Rule 10, adopted July 25, 1995.

(245) * * *

(i) * * *

(B) San Diego County Air Pollution Control District.

(1) Amended Rule 21, adopted November 29, 1994.

* * * * *

[FR Doc. 98-5850 Filed 3-10-98; 8:45 am]

BILLING CODE 6560-50-P