[Federal Register Volume 62, Number 133 (Friday, July 11, 1997)]
[Rules and Regulations]
[Pages 37136-37138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18254]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA014-0035; FRL-5850-4]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Four Local Air Pollution Control
Districts
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is finalizing the approval of revisions to the California
State Implementation Plan (SIP) proposed in the Federal Register on
June 12, 1996. The revisions concern rules from the following: El
Dorado County Air Pollution Control District (EDCAPCD), Kern County Air
Pollution Control District (KCAPCD), Placer County (PCAPCD), 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 graphic arts operations.
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.
EFFECTIVE DATE: This action is effective on August 11, 1997.
ADDRESSES: 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 Section (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.
El Dorado County APCD, 2850 Fairlane Court, Placerville, CA 95667.
Kern County APCD, 2700 M Street, Suite 290, Bakersfield, CA 93301.
Placer County APCD, 11464 B Avenue, Auburn, CA 95603.
Santa Barbara County APCD, 26 Castilian Drive, B-23, Goleta, CA 93117.
FOR FURTHER INFORMATION CONTACT:
Andrew Steckel, Rulemaking Office, Air Division, U.S. Environmental
Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA
94105.
SUPPLEMENTARY INFORMATION:
I. Applicability
The rules being approved into the California SIP include the
following: EDCAPCD Rule 231, ``Graphic Arts Operations''; KCAPCD Rule
410.7, ``Graphic Arts''; PCAPCD Rule 239, ``Graphic Arts Operations'';
and SBCAPCD Rule 354, ``Graphic Arts''. These rules were adopted by the
local air pollution control agencies on the following respective dates:
September 27, 1994; May 6, 1991; June 8, 1995; and June 28, 1994.
The above rules were submitted by the California Air Resources
Board (CARB) to EPA, in respective order, on November 30, 1994, May 30,
1991, October 13, 1995, and July 13, 1994.
II. Background
On June 12, 1996, EPA published a notice of direct final rulemaking
action (61 FR 29659) and a action of proposed rulemaking (61 FR
29725).\1\ This direct final rule would have appro9ved the rules
described in the applicability section above, as well as South Coast
Air Quality Management District Rule 1130.1, ``Screen Printing
Operations'', into the California SIP. However, prior to the close of
the comment period for the direct final rulemaking, EPA received a
request from SCAQMD to withdraw Rule 1130.1 from the SIP. Because this
request to withdraw was essentially an adverse comment, EPA was
required by the provisions of the Administrative Procedures Act to
withdraw the direct final rule. A Federal Register action withdrawing
the direct final rule of June 12 was published on August 27, 1996 (61
FR 43976).
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\1\ Unless a direct final rulemaking is withdrawn (if EPA
receives an adverse comment), such a notice of proposed rulemaking
is moot. However, if EPA receives an adverse comment, the direct
final rulemaking is withdrawn, and the notice of proposed
rulemaking, together with the notice of direct final rulemaking,
serves to propose approval for subsequent finalization.
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As a result of SCAQMD's withdrawal request, EPA is finalizing the
approval into the California SIP of the rules described in the
rulemaking actions of June 12, with the exception of SCAQMD Rule
1130.1. Therefore, EPA is approving the rules listed in the
applicability section into the California SIP.
The rules being approved in this action were submitted in response
to EPA's 1988 SIP-Call and the CAA section 182(a)(2)(A) requirement
that nonattainment areas fix their reasonably available control
technology (RACT) rules for ozone in accordance with EPA guidance that
interpreted the requirements of the pre-amendment Act. A detailed
discussion of the background for each of these rules and nonattainment
areas is provided in the Direct Final action of June 12, 1996.
EPA has evaluated all of these rules for consistency with the
requirements of the CAA and EPA regulations and EPA interpretation of
these requirements as expressed in the various EPA policy
[[Page 37137]]
guidance documents referenced in the Direct Final action cited above.
EPA has found that the rules meet the applicable EPA requirements. A
detailed discussion of the rule provisions and evaluations has been
provided in 61 FR 29659 and in technical support documents (TSDs)
available at EPA's Region IX office (TSDs dated March 18, 1996).
Final approval of SBCAPCD Rule 354, ``Graphic Arts'', will
permanently stop the FIP clock associated with this rule.
III. Response to Public Comments
A 30-day public comment period was provided in 61 FR 29659. As
described above, EPA received one significant comment from the SCAQMD
on SCAQMD Rule 1130.1. SCAQMD management requested that Rule 1130.1, as
submitted to EPA on November 18, 1993, be withdrawn from consideration
for SIP approval. The SCAQMD requested that this rule be withdrawn
because, in light of information provided to them by the coating
industry, they believed that the VOC limits of the rule as submitted to
EPA were too stringent, and they were in the process of drafting and
adopting a new version of the rule with less stringent limits.
IV. EPA Action
EPA is finalizing action to approve the above rules for inclusion
into the California SIP. EPA is approving the submittal under section
110(k)(3) as meeting the requirements of section 110(a) and Part D of
the CAA. This approval action will incorporate these rules into the
federally approved SIP. The intended effect of approving these rules 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
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, 1996, 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 or 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 September 9, 1997. 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.
Dated: June 15, 1997.
Felicia Marcus,
Regional Administrator.
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. 7401-7671q.
Subpart F--California
2. Section 52.220 is amended by adding paragraph (c)(185)(i)(A)(9),
(198)(i)(K), (207)(i)(B)(2), and (225) (i)(B)(3) to read as follows:
[[Page 37138]]
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(185) * * *
(i) * * *
(A) * * *
(9) Rule 410.7, adopted May 6, 1991.
* * * * *
(198) * * *
(i) * * *
(K) Santa Barbara County Air Pollution Control District.
(1) Rule 354, adopted June 28, 1994.
* * * * *
(207) * * *
(i) * * *
(B) * * *
(2) Rule 231, adopted September 27, 1994.
* * * * *
(225) * * *
(i) * * *
(B) * * *
(3) Rule 239, revised June 8, 1995.
* * * * *
[FR Doc. 97-18254 Filed 7-10-97; 8:45 am]
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