# Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Sacramento Metropolitan and South Coast Air Quality Management Districts and San Joaquin Valley Unified Air Pollution Control District

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A99-6650

## Record

- **Collection:** Federal Register
- **Document type:** Rule
- **Published:** March 19, 1999
- **Citation:** 64 FR 13514

## Text

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 207-0136a FRL-6239-8]

Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Sacramento Metropolitan and South
Coast Air Quality Management Districts and San Joaquin Valley Unified
Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve revisions to the
California State Implementation Plan (SIP). This action is an
administrative change which revises the definitions in Sacramento
Metropolitan Air Quality Management (SMAQMD) Rule 101, San Joaquin
Valley Unified Air Pollution Control District (SJVUAPCD) Rule 1020, and
South Coast Air Quality Management District (SCAQMD) Rule 1302. 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 SMAQMD, SJVUAPCD, and SCAQMD rules to be consistent
with the revised federal and state VOC definitions.

DATES: This rule is effective on May 18, 1999 without further notice,
unless EPA receives adverse comments by April 19, 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
Sacramento Metropolitan Air Quality Management District, 8411 Jackson
Rd., Sacramento, CA 95826-3904

[[Page 13515]]

San Joaquin Valley Unified Air Pollution Control District, 1990 E.
Gettysburg Ave., Fresno, CA 93726
South Coast Air Quality Management District, 21865 E. Copley Dr.,
Diamond Bar, CA 91765-4182

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: SMAQMD
Rule 101, General Provisions and Definitions; SJVUAPCD Rule 1020,
Definition; and South Coast Rule 1302, Definitions (New Source Review).
These rules were submitted by the California Air Resources Board to EPA
on October 27, 1998 (Sacramento); May 18, 1998 (San Joaquin); and March
10, 1998 (South Coast).

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 SMAQMD, SJVUAPCD, and
SCAQMD. 43 FR 8964, 49 CFR 81.305. In response to Section 110(a) of the
Act and other requirements, the SMAQMD, SJVUAPCD, and SCAQMD submitted
many rules which EPA approved into the SIP.
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. 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 SMAQMD Rule
101, General Provisions and Definitions; SJVUAPCD Rule 1020,
Definitions; and SCAQMD Rule 1302, Definitions (New Source Review).
These rules were adopted by SMAQMD on September 3, 1998; by SJVUAPCD on
December 18, 1997; and by SCAQMD on June 13, 1997. These rules were
submitted by the California Air Resources Board to EPA on October 27,
1998 (Sacramento); May 18, 1998 (San Joaquin); and March 10, 1998
(South Coast). These submitted rules were found to be complete on May
21, 1998 (South Coast); July 17, 1998 (Sacramento); and December 18,
1998 (San Joaquin), 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.
---------------------------------------------------------------------------

\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 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
---------------------------------------------------------------------------

\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
Notice'' (Blue Book) (notice of availability was published in the
Federal Register on May 25, 1988).
---------------------------------------------------------------------------

This administrative action is necessary to make the VOC definition
in the SMAQMD, SJVUAPCD, and SCAQMD 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.
SMAQMD Rule 101, General Provisions and Definitions, has been
revised to update the definition of ``Exempt Compounds''. In addition,
this amendment adds and/or revise the following definitions: Section
203, Emission Unit, Section 205, On-Site, and Section 209, Section.
SJVUAPCD Rule 1020, Definitions, is a new rule for the SJVUAPCD but
will replace the SIP rules for Fresno, Kern, Kings, Madera, Merced, San
Joaquin, Stanislaus and Tulare Counties. SJVUAPCD Rule, 1020 contains
general definitions for terms used or referenced in various district
rules. This new rule exempts ethane and acetone as volatile organic
compounds because of recent EPA and ARB action, revises the definition
of ``San Joaquin Valley Air Basin'' and ``Central Kern County Fields''
based on the recent California Air Resources Board realignment of air
basin boundaries, and delete the definition of ``Cyclic Well'' to
correct an inconsistency with a conflicting definition in Rule 4401
(Steam Enhanced Crude Oil Production Well Vents).
SCAQMD Rule 1302, Definitions (New Source Review), was submitted
with amended South Coast Rule 102, Definition of Terms.
Perchloroethylene is being added as a Group II Exempt Compound. The
other three compounds are to be added to the list of Group I Exempt
Compounds. The amendments will also allow the use of cyclic branched,
or linear, completely methylated siloxanes (VMS) and
parachlorobenzotrifluoride (PCBTF), currently listed as Group II Exempt
Compounds, and perchloroethylene in operations regulated pursuant to
Rules 1106.1, 1151, and 1171. In order to have a consistent VOC
definition, the VOC definition in Rule 1302 is being removed and now
refers to Rule 102 which was approved on (February 23, 1999, Federal
Register pending). Thus, EPA is approving amended Rule 1302 into the
SIP.
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 May 18, 1999
without further notice unless the Agency receives adverse comments by
April 19, 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 May 18, 1999 and no further action will be
taken on the proposed rule.

[[Page 13516]]

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 is
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 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

[[Page 13517]]

appropriate circuit by May 18, 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: March 5, 1999.
Laura Yoshii,
Deputy 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)(254)(i)(D)(3), (255)(i)(C), and (260)(i)(A) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *
(c) * * *
(254) * * *
(i) * * *
(D) South Coast Air Quality Management District.
(3) Rule 1302, amended December 7, 1995.
* * * * *
(255) * * *
(i) * * *
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 1020, amended December 18, 1997.
* * * * *
(260) New and amended regulations for the following APCDs were
submitted on October 27, 1998, by the Governor's designee.
(i) Incorporation by reference.
(A) Sacramento Metropolitan Air Quality Management District.
(1) Rule 101, amended on September 3, 1998.
* * * * *
[FR Doc. 99-6650 Filed 3-18-99; 8:45 am]
BILLING CODE 6560-50-P

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A99-6650. Public record. Not legal advice.