[Federal Register Volume 63, Number 188 (Tuesday, September 29, 1998)]
[Rules and Regulations]
[Pages 51833-51835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25891]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 211-0102a; FRL-6161-8]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Bay Area Air Quality Management
District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action on a revision to the
California State Implementation Plan. 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 clarify the general
provisions and definitions that apply to the regulation of 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 or the Act). Thus, EPA is finalizing the approval
of this revision into the California SIP under provisions of the CAA
regarding EPA action on SIP submittals and general rulemaking
authority.
DATES: This rule is effective on November 30, 1998 without further
notice, unless EPA receives adverse comments by October 29, 1998. 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 revision are
available for public inspection at EPA's Region IX office during normal
business hours and 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
[[Page 51834]]
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812
Bay Area Air Quality Management District, 939 Ellis Street, San
Francisco, CA 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
Regulation 1, General Provisions and Definitions. This rule was
submitted by the California Air Resources Board (CARB) to EPA on June
23, 1998. A corrected version of BAAQMD Regulation 1, revised only to
remove a provision that was inadvertently included with the rule, was
subsequently forwarded by CARB to EPA on September 2, 1998.
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 the San Francisco Bay
Area. 43 FR 8964. On May 26, 1988, EPA notified the Governor of
California, pursuant to section 110(a)(2)(H) of the 1977 Act, that the
above district's 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). On November 15, 1990, the
Clean Air Act Amendments of 1990 were enacted. Pub. L. 101-549, 104
Stat. 2399, codified at 42 U.S.C. 7401-7671q.
On November 12, 1993, BAAQMD submitted a request for redesignation
to attainment of the ozone standard. Subsequently, EPA evaluated and
approved BAAQMD's request and the San Francisco Bay Area was
reclassified as an attainment area.1 40 CFR 81.305.
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\1\ The San Francisco Bay Area was redesignated to attainment.
See 60 FR 98 (May 22, 1995). The EPA subsequently redesignated the
San Francisco Bay Area back to nonattainment for ozone based on a
number of violations of the National Ambient Air Quality Standards
(NAAQS) on July 10, 1998. See 63 FR 37258.
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On May 27, 1998, EPA proposed limited approval and limited
disapproval of the version of Regulation 1 adopted by BAAQMD on
December 19, 1990 and submitted by CARB on May 13, 1991. 63 FR 28958.
EPA did not propose full approval of Regulation 1 because that version
contained a public nuisance provision and references to a Manual of
Procedures that are inappropriate for incorporation into the SIP. EPA
will not finalize action on this previous submittal of the rule because
CARB withdrew the May 13, 1991 submittal of BAAQMD Regulation 1 at the
request of the district on July 20, 1998.
This document addresses EPA's direct-final action for BAAQMD
Regulation 1, General Provisions and Definitions. The BAAQMD adopted
Regulation 1 on November 11, 1993. This submitted rule was found to be
complete on August 25, 1998 pursuant to EPA's completeness criteria
that are set forth in 40 CFR part 51, Appendix V 2 and is
being finalized for approval into the SIP. Regulation 1, as submitted
by BAAQMD on June 23, 1998, inadvertently contained a provision that
the district had not intended to submit to the EPA for inclusion in the
SIP. The State of California removed the provision from Regulation 1 at
the request of BAAQMD and resubmitted the corrected version to EPA on
September 2, 1998. It is this corrected version, as submitted to EPA by
the State of California, that this direct final action incorporates
into the Federally approved SIP.
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\2\ 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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BAAQMD Regulation 1 clarifies the definitions and general
provisions that apply to the regulation of emissions of VOCs, NOx, and
other pollutants. These pollutants contribute to the production of
ground level ozone and smog. This rule was originally adopted as part
of the district's effort to achieve the National Ambient Air Quality
Standard (NAAQS) for ozone and has been revised in response to EPA's
SIP-Call. The following is EPA's evaluation and final action for this
rule.
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 of the CAA and 40 CFR part 51
(Requirements for Preparation, Adoption, and Submittal of
Implementation Plans).
In addition, this rule was evaluated against the SIP enforceability
guidelines found in ``Issues Relating to VOC Regulation Cutpoints,
Deficiencies, and Deviations--Clarification to Appendix D of November
24, 1987 Federal Register'' (EPA's ``Blue Book''), the EPA Region IX--
California Air Resources Board document entitled ``Guidance Document
for Correcting VOC Rule Deficiencies'' (April, 1991), and against other
EPA policies. In general, these guidance documents have been set forth
to ensure that VOC rules are fully enforceable and strengthen or
maintain the SIP.
EPA previously approved various portions of BAAQMD Regulation 1,
General Provisions and Definitions, into the SIP on September 2, 1981,
July 6, 1982, and November 10, 1982. These portions were originally
adopted by BAAQMD on September 5, 1979, May 21, 1980, December 17,
1980, and March 17, 1982. BAAQMD Regulation 1 includes the following
significant changes from the current SIP:
The scope of the exemption in Section 110.5 has been
narrowed to prohibit the disposal of waste propellants, explosives, or
pyrotechnics by manufacturing facilities in open outdoor fires, and
Definitions for volatile organic compound and reduced
sulfur compounds have been added in Section 236 and 237. The
deficiencies noted in EPA's May 27, 1998 proposed limited approval and
limited disapproval have been corrected in this version.
EPA has evaluated the submitted rule and has determined that it is
consistent with the CAA, EPA regulations, and EPA policy. Therefore,
BAAQMD Regulation 1, General Provisions and Definitions is being
approved under section 110(k)(3) of the CAA as meeting the requirements
of section 110(a).
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 November 30,
1998 without further notice unless the Agency receives adverse comments
by October 29, 1998.
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 November 30, 1998 and no further action will
be taken on the proposed rule.
[[Page 51835]]
IV. Administrative Requirements
A. Executive Orders 12866 and 13045
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order (E.O.) 12866, entitled
``Regulatory Planning and Review.''
The final rule is not subject to E.O. 13045, entitled ``Protection
of Children from Environmental Health Risks and Safety Risks,'' because
it is not an ``economically significant'' action under E.O. 12866.
B. 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
sections 110 and 301 of the CAA 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 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
annual 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 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.
D. 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).
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 November 30, 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, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, 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: September 4, 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)(256) to read
as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(256) New and amended regulations for the following APCDs were
submitted on June 23, 1998, by the Governor's designee.
(i) Incorporation by reference.
(A) Bay Area Air Quality Management District.
(1) Regulation 1, revised on November 3, 1993.
* * * * *
[FR Doc. 98-25891 Filed 9-28-98; 8:45 am]
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