Federal Register / Vol. 62, No. 149 / Monday, August 4, 1997 / Rules and Regulations 41865

1EPA 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).

(i) The Administrator disapproves the

provisions for implementing RACM and

BACM for the significant source

categories of agricultural fields,

agricultural aprons, vacant lands,

unpaved parking lots, and unpaved

roads.

(ii) The Administrator disapproves

the attainment and reasonable further

progress demonstrations for the Gilbert

PM–10 monitoring site and West

Chandler PM–10 monitoring site.

(iii) The disapprovals in paragraphs

(f)(1)(i) and (ii) of this section are

applicable only to the plan identified in

paragraph (f)(1) of this section and do

not constitute the Administrator’s final

decision as to the State’s full

compliance with the requirements of

Clean Air Act sections 189(a)(1)(C) and

189(b)(1)(B) for RACM and BACM and

sections 189(a)(1)(B), 189(b)(1)(A) and

189(c)(1) for attainment and reasonable

further progress. Therefore such

disapprovals do not constitute state

failures for the purpose of triggering

sanctions under § 179(a) of the Clean

Air Act.

[FR Doc. 97–20470 Filed 8–1–97; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 179–0045a; FRL–5863–4]

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.

SUMMARY: EPA is taking direct final

action on revisions to the California

State Implementation Plan. This action

is an administrative change which

revises the definition of volatile organic

compounds (VOC) and updates the

Exempt Compound list in rules from the

Bay Area Air Quality Management

District (BAAQMD). The intended effect

of approving this action is to

incorporate changes to the definition of

VOC and to update the Exempt

Compound list in BAAQMD rules to be

consistent with the revised federal and

state VOC definitions.

DATES: This action is effective on

October 3, 1997 unless adverse or

critical comments are received by

September 3, 1997. If the effective date

is delayed, a timely notice will be

published in the Federal Register.

ADDRESSES: Copies of the rules and

EPA’s evaluation report for these rules

are available for public inspection at

EPA’s Region IX office during normal

business hours. Copies of the submitted

rules 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, SW.,

Washington, DC 20460.

California Air Resources Board, Stationary

Source Division, Rule Evaluation Section,

2020 ‘‘L’’ Street, Sacramento, CA 95814.

Bay Area Air Quality Management District,

939 Ellis Street, San Francisco, CA 94109.

FOR FURTHER INFORMATION CONTACT:

Christine Vineyard, Rulemaking Office

(Air–4), Air Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105, Telephone: (415)

744–1197.

SUPPLEMENTARY INFORMATION:

Applicability

The rules with definition revisions

being approved into the California SIP

include the following Bay Area Air

Quality Management District Rules

(BAAQMD): Rule 8–4, General Solvent

and Surface Coating Operations; Rule 8–

11, Metal Container, Closure and Coil

Coating; Rule 8–12, Paper, Fabric, and

Film Coating; Rule 8–13, Light and

Medium Duty Motor Vehicle Assembly

Plants; Rule 8–14, Surface Coating of

Large Appliance and Metal Furniture;

Rule 8–19, Surface Coating of

Miscellaneous Metal Parts and Products;

Rule 8-20, Graphic Arts Printing and

Coating; Rule 8–23, Coating of Flat

Wood Paneling and Wood Flat Stock;

Rule 8–29, Aerospace Assembly and

Component Coating Operations; 8–31,

Surface Coating of Plastic Parts and

Products; Rule 8–32, Wood Products;

Rule 8–38, Flexible and Rigid Disc

Manufacturing; Rule 8–43, Surface

Coating of Marine Vessels; Rule 8–45,

Motor Vehicle and Mobile Equipment

Coating Operations; and 8–50, Polyester

Resin Operations. These rules were

submitted by the California Air

Resources Board to EPA on July 23,

1996.

Background

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 May 1,

1996 (61 FR 19231) EPA published a

proposed rule excluding HFC 43–10mee

and HCFC 225ca and cb 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.

The State of California submitted

many revised rules for incorporation

into its SIP on July 23, 1996, including

the rules being acted on in this

administrative action. This action

addresses EPA’s direct-final action for

BAAQMD Rule 8–4, General Solvent

and Surface Coating Operations; Rule 8–

11, Metal Container, Closure and Coil

Coating; Rule 8–12, Paper, Fabric, and

Film Coating; Rule 8–13, Light and

Medium Duty Motor Vehicle Assembly

Plants; Rule 8–14, Surface Coating of

Large Appliance and Metal Furniture;

Rule 8–19, Surface Coating of

Miscellaneous Metal Parts and Products;

Rule 8–20, Graphic Arts Printing and

Coating; Rule 8–23, Coating of Flat

Wood Paneling and Wood Flat Stock;

Rule 8–29, Aerospace Assembly and

Component Coating Operations; 8–31,

Surface Coating of Plastic Parts and

Products; Rule 8–32, Wood Products;

Rule 8–38, Flexible and Rigid Disc

Manufacturing; Rule 8–43, Surface

Coating of Marine Vessels; Rule 8–45,

Motor Vehicle and Mobile Equipment

Coating Operations; and 8–50, Polyester

Resin Operations. These rules were

adopted by the BAAQMD on December

20, 1995 and were found to be complete

on October 30, 1996, pursuant to EPA’s

completeness criteria that are set forth

in 40 CFR part 51 Appendix V 1 and are

being finalized for approval into the SIP.

This administrative revision adds

acetone, perchloroethylene, HFC 43–

10mee and HCFC 225ca and cb to the

list of compounds which make a

negligible contribution to tropospheric

ozone formulation. Thus, EPA is

finalizing the approval of the revised

definitions to be incorporated into the

California SIP for the attainment of the

national ambient air quality standards

(NAAQS) for ozone under title I of the

Clean Air Act (CAA or the Act).

EPA Evaluation and Action

This administrative action is

necessary to make the VOC definition in

BAAQMD 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
41866 Federal Register / Vol. 62, No. 149 / Monday, August 4, 1997 / Rules and Regulations

ozone health standard by focusing

control efforts on compounds which are

actual ozone precursors.

The BAAQMD rules being affected by

this action to revise the definition of

VOC include:

• Rule 8–4 General Solvent and

Surface Coating Operations

• Rule 8–11 Metal Container, Closure

and Coil Coating;

• Rule 8–12 Paper, Fabric, and Film

Coating

• Rule 8–13 Light and Medium Duty

Motor Vehicle Assembly Plants

• Rule 8–14 Surface Coating of Large

Appliance and Metal Furniture

• Rule 8–19 Surface Coating of

Miscellaneous Metal Parts and

Products

• Rule 8–20 Graphic Arts Printing and

Coating

• Rule 8–23 Coating of Flat Wood

Paneling and Wood Flat Stock

• Rule 8–29 Aerospace Assembly and

Component Coating Operations

• Rule 8–31 Surface Coating of Plastic

Parts and Products

• Rule 8–32 Wood Products

• Rule 8–38 Flexible and Rigid Disc

Manufacturing

• Rule 8–43 Surface Coating of Marine

Vessels

• Rule 8–45 Motor Vehicle and Mobile

Equipment Coating Operations

• Rule 8–50 Polyester Resin

Operations

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 action 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 October 3, 1997

unless, within 30 days of its

publication, 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 action 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 October 3, 1997.

Administrative Requirements

A. Executive Order 12866

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

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 section 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 section

804(2) of the APA as amended.

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 October 3, 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.

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: July 10, 1997.

Felicia Marcus,

Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:
Federal Register / Vol. 62, No. 149 / Monday, August 4, 1997 / Rules and Regulations 41867

1The EPA did not promulgate new PM10

increments simultaneously with the promulgation

of the PM10 NAAQS. Under section 166(b) of the

Act, EPA is authorized to promulgate new

increments ‘‘not more than 2 years after the date of

promulgation of * * * standards.’’ Consequently,

EPA temporarily retained the TSP increments, as

well as the Section 107 areas for TSP.

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)(239)(i)(D) to read

as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(239) * * *

(i) * * *

(D) Bay Area Air Quality Management

District.

(1) Rule 8–4, Rule 8–11, Rule 8–12,

Rule 8–13, Rule 8–14, Rule 8–19, Rule

8–20, Rule 8–23, Rule 8–29, Rule 8–31,

Rule 8–32, Rule 8–38, Rule 8–43, Rule

8–45, 8–50, and 8–51 adopted on

December 20, 1995.

* * * * *

[FR Doc. 97–20363 Filed 8–1–97; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[VT–01–015–01–1217(a); A–1–FRL–5859–9]

Clean Air Act Approval and

Promulgation of State Implementation

Plans; Vermont: PM10 Prevention of

Significant Deterioration Increments

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is fully approving a State

Implementation Plan (SIP) revision

submitted by the State of Vermont,

which replaces the total suspended

particulate (TSP) prevention of

significant (PSD) increments with

increments for PM10 (particulate matter

with an aerodynamic diameter smaller

than or equal to a nominal 10

micrometers). This action is being taken

under the Clean Air Act.

DATES: This action is effective on

October 3, 1997, unless adverse or

critical comments are received by

September 3, 1997. If the effective date

is delayed, timely notice will be

published in the Federal Register.

ADDRESSES: Comments may be mailed to

Susan Lancey, Office of Ecosystem

Protection, EPA—Region 1, JFK Federal

Building (CAP), Boston, MA 02203.

Copies of the documents relevant to this

action are available for public

inspection by appointment during

normal business hours at the following

locations: Office of Ecosystem

Protection, EPA—Region 1, One

Congress Street, 11th Floor, Boston, MA

02203; Air Pollution Control Division,

Agency of Natural Resources, Building 3

South, 103 South Main Street,

Waterbury, VT 05676; and Air and

Radiation Docket and Information

Center, 401 M Street, SW, Washington,

DC 20460.

FOR FURTHER INFORMATION CONTACT:

Susan Lancey at (617) 565–3587 or

lancey.susan@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

PM10 PSD Increments

Section 107(d) of the 1977

Amendments to the Clean Air Act

authorized each State to submit to the

Administrator a list identifying those

areas which (1) do not meet a national

ambient air quality standard (NAAQS)

(nonattainment areas), (2) cannot be

classified on the basis of available

ambient data (unclassifiable areas), and

(3) have ambient air quality levels better

than the NAAQS (attainment areas). In

1978, the EPA published the original list

of all area designations pursuant to

section 107(d)(2) (commonly referred to

as ‘‘section 107 areas’’), including those

designations for total suspended

particulates (TSP), in 40 CFR part 81.

One of the purposes stated in the Act

for the section 107 areas is for

implementation of the statutory

requirements for PSD. The PSD

provisions of Part C of the Act generally

apply in all section 107 areas that are

designated attainment or unclassifiable

(40 CFR 52.21(i)(3)). Under the PSD

program, the air quality in an attainment

or unclassifiable area is not allowed to

deteriorate beyond prescribed maximum

allowable increases in pollutant

concentrations (i.e., increments).

EPA revised the primary and

secondary NAAQS for particulate matter

on July 1, 1987 (52 FR 24634),

eliminating TSP as the indicator for the

NAAQS and replacing it with the PM10

indicator. However, EPA did not delete

the section 107 areas for TSP listed in

40 CFR part 81 at that time because

there were no increments for PM10

promulgated at that time.1 States were

required to continue implementing the

TSP increments in order to prevent

significant deterioration of particulate

matter air quality until the PM10

increments replaced the TSP

increments.

EPA promulgated PSD increments for

PM10 on June 3, 1993 (see 58 FR 31622–

31638). EPA promulgated revisions to

the Federal PSD permitting regulations

in 40 CFR 52.21, as well as the PSD

permitting requirements that State

programs must meet in order to be

approved into the SIP in 40 CFR 51.166.

Implementation of the increments by

EPA or its delegated states under the

Federal PSD program was required by

June 3, 1994. The implementation date

for SIP-approved State PSD programs

(including Vermont) will be the date

upon which a particular states’ revised

program, containing the new PM10

increments, is approved. In accordance

with 40 CFR 51.166(a)(6)(i), each State

with SIP-approved PSD programs was

required to adopt the PM10 increment

requirements within nine months of the

effective date (or by March 3, 1995).

The PM10 PSD increments were set at

the following levels: 4 μg/m3 (annual

arithmetic mean) and 8 μg/m3 (24-hour

maximum) for Class I areas, 17 μg/m3

(annual arithmetic mean) and 30 μg/m3

(24-hour maximum) for Class II areas,

and 34 μg/m3 (annual arithmetic mean)

and 60 μg/m3 (24-hour maximum) for

Class III areas. At present all attainment

areas of the state are Class II, except for

the Lye Brook Wilderness Area which is

Class I.

The implementation of the PM10

increments will utilize the existing

baseline dates and areas for particulate

matter. As such, particulate matter

increments, measured as PM10, already

consumed since the original baseline

dates established for TSP will continue

to be accounted for, but all future

calculations of the amount of

increments consumed will be based on

PM10 emissions beginning on the

implementation date of the PM10

increments (that is, today, the date of

EPA approval for Vermont). For further

information regarding the PM10

increments, see the June 3, 1993 Federal

Register.

Summary of Vermont’s PM10 PSD

Increment SIP Revision

In this action, EPA is acting on

revisions to the PSD permitting program

for the State of Vermont. Specifically,

the Vermont Agency of Natural

Resources is amending Air Pollution

Control Regulation 5–502(4)(c), Major

Stationary Sources and Major

Modifications, to replace the TSP

increments with the federal increments

for PM10. All other regulations and

requirements necessary for full