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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 210-147a; FRL-6362-9]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Bay Area Air Quality Management

District, Monterey Bay Unified Air Pollution Control District, Placer

County Air Pollution Control District, and 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 to approve revisions to the

California State Implementation Plan (SIP). This action revises the

definitions in Bay Area Air Quality Management District (BAAQMD)

Regulation 1; Monterey Bay Unified Air Pollution Control (MBUAPCD) Rule

101; Placer County Air Pollution Control District (PCAPCD) Rule 102;

and Ventura County Air Pollution Control District (VCAPCD) Rule 2. The

intended effect of approving this action is to incorporate changes to

the definitions for clarity and consistency and to update the Exempt

Compound list in MBUAPCD, PCAPCD, and VCAPCD rules to be consistent

with the revised federal and state VOC definitions.

DATES: This rule is effective on August 27, 1999 without further

notice, unless EPA receives adverse comments by July 28, 1999. 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 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

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

Francisco, CA 94109-7714

Monterey Bay Unified Air Pollution Control District, 24580 Silver Cloud

Ct., Monterey, CA 93940-6536

Placer County Air Pollution Control District, DeWitt Center, 11464

``B'' Ave., Auburn, CA 95603-2603

Ventura County Air Pollution Control District, 669 County Square Dr.,

2nd Fl., Ventura, CA 93003-5417

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: BAAQMD

Regulation 1, General Provisions and Definitions; MBUAPCD Rule 101,

Definitions; PCAPCD Rule 102, Definitions, and VCAPCD 2, Definitions.

These rules were submitted by the California Air Resources Board to EPA

on February 16, 1999 (Bay Area and Ventura); January 12, 1999

(Monterey); and May 18, 1998 (Placer).

II. Background

On March 3, 1978, EPA promulgated a list of nonattainment areas

under the provisions of the Clean Air Act, as amended in 1977 (1977 Act

or pre-amended Act), that included BAAQMD, MBUAPCD, PCAPCD, and VCAPCD.

43 FR 8964, 49 CFR 81.305. In response to Section 110(a) of the Act and

other requirements, the BAAQMD, MBUAPCD, PCAPCD, and VCAPCD submitted

many rules which EPA approved into the SIP.

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. On August 25, 1997

(62 FR 44900) EPA published a final rule excluding HFC-32, HFC-161,

HFC-236ea and fa, HFC-245ca, ea, eb, and fa, HFC-365mfc, HCFC-31, HCFC-

123a, HCFC-151a, C4F9OCH3,

CF32CFCF2OCH3,

C4F9OC2H5,

CF32CFCF2OC2H5. On April 9,

1998 (63 FR 17331) EPA published a final rule excluding methyl acetate

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.

This document addresses EPA's direct-final action for BAAQMD

Regulation 1, General Provisions and Definitions; MBUAPCD Rule 101,

Definitions; PCAPCD Rule 102, Definitions; and VCAPCD Rule 2,

Definitions. These rules were adopted by BAAQMD on October 7, 1998; by

MBUAPCD on November 12, 1998; by PCAPCD on June 19, 1997; and by VCAPCD

on November 10, 1998. These rules were submitted by the California Air

Resources Board to EPA on February 16, 1999 (Bay Area and Ventura);

January 12, 1999 (Monterey); and May 18, 1998 (Placer). These submitted

rules were found to be complete on May,1999 (Bay Area and Ventura);

March 19, 1999 (Monterey); July 17, 1998 (Placer), 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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The following are EPA's summary 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,

which forms the basis for this action, appears in various EPA policy

guidance documents.2

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\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 Deviations,

Clarification to Appendix D of November 24, 1987 Federal Register

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

Federal Register on May 25, 1988).

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[[Page 34559]]

This action is necessary to make the VOC definition in the MBUAPCD,

PCAPCD, and VCAPCD 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.

BAAQMD Regulation 1, General Provisions and Definitions, has been

amended to add and/or revise the following definitions: 1-234, Organic

Compound, Non-Precursor; 1-238, Parametric Monitor; 1-239, Continuous

Emission Monitor; 1-522, Continuous Emission Monitoring and

Recordingkeeping; and 1-523, Parametric Monitoring and Recordkeeping

Procedures.

MBUAPCD Rule 101, Definitions, is being amended to update the

definition of ``Exempt Compounds.'' In addition, this amendment adds

and/or revises the following definitions: Effective Dates; Household

Rubbish; Permissive Burn Day, and Multiple-Chamber Incinerator.

PCAPCD Rule 102, Definitions, is being amended to update the

definition of ``Exempt Compounds.'' The entire Rule 102 is reformatted

for clarity and consistency. In addition, this amendment revises the

definition of ``Air Pollution Control Officer.''

VCAPCD Rule 2, Definitions, is being amended to update the

definition of ``Exempt Compounds'' to include 21 compounds.

EPA has evaluated the submitted rules and has determined that they

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

Therefore, BAAQMD Regulation 1, General Provisions and Definitions;

MBUAPCD Rule 101, Definitions; PCAPCD Rule 102, Definitions; and VCAPCD

Rule 2, Definitions, are being approved under section 110(k)(3) of the

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

EPA is publishing this rule without prior proposal because the

Agency views these as noncontroversial amendments 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 August 27, 1999

without further notice unless the Agency receives adverse comments by

July 28, 1999.

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 August 27, 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, Regulatory

Planning and Review.

B. Executive Order 12875

Under Executive Order 12875, Enhancing the Intergovernmental

Partnership, 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, or

EPA consults with those governments. If EPA complies by consulting,

Executive Order 12875 requires EPA to 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 any written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, Executive Order 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 Executive Order 13084, Consultation and Coordination with

Indian Tribal Governments, EPA may not issue a regulation that is not

required by statute, that significantly 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, or EPA consults with those

governments. If EPA complies by consulting, Executive Order 13084

requires EPA to 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 officials 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. 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

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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 August 27, 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: May 21, 1999.

Laura K. Yoshii,

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 paragraphs (c)(255)(i)(E),

(261) and (262) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(255) * * *

(i) * * *

(E) Placer County Air Pollution Control District.

(1) Rule 102, adopted June 19, 1997.

* * * * *

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

submitted on January 12, 1999, by the Governor's designee.

(i) Incorporation by reference.

(A) Monterey Bay Unified Air Pollution Control District.

(1) Rule 101, adopted November 12, 1998.

* * * * *

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

submitted on February 16, 1999, by the Governor's designee.

(i) Incorporation by reference.

(A) Bay Area Air Quality Management District.

(1) Regulation 1, adopted on October 7, 1998.

(B) Ventura County Air Pollution Control District.

(1) Rule 2, adopted November 10, 1998.

* * * * *

[FR Doc. 99-16229 Filed 6-25-99; 8:45 am]

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