[Federal Register Volume 62, Number 147 (Thursday, July 31, 1997)]
[Rules and Regulations]
[Pages 40934-40937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20217]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 173-0044a; FRL-5867-3]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Sacramento Metropolitan Air Quality 
Management District and Santa Barbara 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 on revisions to the 
California State Implementation Plan. The revisions concern negative 
declarations from the Sacramento Metropolitan Air Quality Management 
District (SMAQMD) and the Santa Barbara County Air Pollution Control 
District (SBCAPCD). The SMAQMD submitted negative declarations for two 
source categories that emit volatile organic compounds (VOC): Plastic 
Parts

[[Page 40935]]

Coating: Business Machines and Plastic Parts Coating: Other. The 
SBCAPCD submitted negative declarations for six source categories that 
emit VOC: Industrial Wastewater, Plastic Parts Coating: Business 
Machines, Plastic Parts Coating: Other, Industrial Cleaning Solvents, 
Offset Lithography, and Shipbuilding Coatings. The SMAQMD and the 
SBCAPCD have certified that these source categories are not present in 
their respective Districts and this information is being added to the 
federally approved State Implementation Plan. The intended effect of 
approving these negative declarations is to meet the requirements of 
the Clean Air Act, as amended in 1990 (CAA or the Act). 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.

DATES: This action is effective on September 29, 1997 unless adverse or 
critical comments are received by September 2, 1997. If the effective 
date is delayed, a timely notice will be published in the Federal 
Register.

ADDRESSES: Comments must be submitted to Julie Rose at the Region IX 
office listed below. Copies of the submitted negative declarations are 
available for public inspection at EPA's Region IX office and also at 
the following locations during normal business hours.

Rulemaking Office (AIR-4), Air Division, U.S. Environmental Protection 
Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105
Air Docket (6102), U.S. Environmental Protection Agency, 401 ``M'' 
Street, SW., Washington, DC 20460
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 92123-1095
Sacramento Metropolitan Air Quality Management District, 8411 Jackson 
Road, Sacramento, CA 95826
Santa Barbara County Air Pollution Control District, 26 Castilian 
Drive, B-23, Goleta, CA 93117

FOR FURTHER INFORMATION CONTACT: Julie A. Rose, Rulemaking Office (AIR-
4), Air Division, U.S. Environmental Protection Agency, San Francisco, 
CA 94105, Telephone: (415) 744-1184.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The revisions being approved as additional information for the 
California SIP include negative declarations from the SMAQMD regarding 
two source categories: Plastic Parts Coating: Business Machines and 
Plastic Parts Coating: Other and negative declarations from SBCAPCD 
regarding six source categories: Industrial Wastewater, Plastic Parts 
Coating: Business Machines, Plastic Parts Coating: Other, Industrial 
Cleaning Solvents, Offset Lithography, and Shipbuilding Coatings. The 
negative declarations were submitted by the California Air Resources 
Board (CARB) to EPA on June 6, 1996 for SMAQMD and July 12, 1996 for 
SBCAPCD.

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 SMAQMD within the 
Sacramento Metropolitan Area (SMA) and the SBCAPCD within the Santa 
Barbara-Santa Maria-Lompoc Area (SBSMLA). 43 FR 8964, 40 CFR 81.305. 
Because these areas were unable to meet the statutory attainment date 
of December 31, 1982, California requested under section 172 (a)(2), 
and EPA approved, an extension of the attainment date to December 31, 
1987. (40 CFR 52.222). On May 26, 1988, EPA notified the Governor of 
California, pursuant to section 110(a)(2)(H) of the 1977 Act, that the 
above districts' portions of the California SIP were 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. In amended 
section 182(b)(2) of the CAA, Congress statutorily adopted the 
requirement that States must develop reasonably available control 
technology (RACT) rules for sources ``covered by a Control Techniques 
Guideline (CTG) document issued by the Administrator between November 
15, 1990 and the date of attainment.'' On April 28, 1992, in the 
Federal Register, EPA published a CTG document which indicated EPA's 
intention to issue CTGs for eleven source categories and EPA's 
requirement to prepare CTGs for two additional source categories within 
the same timeframe. This CTG document established time tables for the 
submittal of a list of applicable sources and the submittal of RACT 
rules for those major sources for which EPA had not issued a CTG 
document by November 15, 1993. The CTG specified that states were 
required to submit RACT rules by November 15, 1994 for those categories 
for which EPA had not issued a CTG document by November 15, 1993.
    Section 182(b)(2) applies to areas designated as nonattainment 
prior to enactment of the amendments and classified as moderate or 
above as of the date of enactment. The SMA is classified as severe; 
<SUP>1</SUP> therefore, SMA was subject to the post-enactment CTG 
requirement and the November 15, 1994 deadline. The SBSMLA is 
classified as moderate; <SUP>2</SUP> therefore, SBSMLA was also subject 
to the post-enactment CTG requirements and the November 15, 1994 
deadline. For source categories not represented within the portions of 
the SMA and the SBSMLA designated nonattainment for ozone, EPA requires 
the submission of a negative declaration certifying that those sources 
are not present.
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    \1\  Sacramento Metropolitan Area retained its designation of 
nonattainment and was classified by operation of law pursuant to 
sections 107(d) and 181(a) upon the date of enactment of the CAA. 
See 55 FR 56694 (November 6, 1991). The Sacramento Metropolitan Area 
was reclassified from serious to severe on June 1, 1995. See 60 FR 
20237 (April 25, 1995).
    \2\ The Santa Barbara-Santa Maria-Lompoc Area retained its 
designation of nonattainment and was classified by operation of law 
pursuant to sections 107 (d) and 181 (a) upon the date of enactment 
of the CAA. See 55 FR (November 6, 1991).
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    The SMAQMD negative declarations were adopted on May 2, 1996 and 
submitted by the State of California on June 6, 1996. The SBCAPCD 
negative declarations were adopted on May 16, 1996 and submitted by the 
State of California on July 12, 1996. The SMAQMD negative declarations 
were found to be complete on June 27, 1996 pursuant to EPA's 
completeness criteria that are set forth in 40 CFR part 51, appendix V 
<SUP>3</SUP> and are being finalized for approval into the SIP as 
additional information. The SMAQMD negative declarations were found to 
be complete on January 18, 1997 pursuant to EPA's completeness criteria 
and are being finalized for approval into the SIP as additional 
information.
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    \3\  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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    This document addresses EPA's direct-final action for the SMAQMD 
negative declarations for Plastic Parts Coating: Business Machines and 
Plastic Parts Coating: Other. The submitted negative declarations 
represent two of the thirteen source categories listed in EPA's CTG 
document.<SUP>4</SUP> The submitted

[[Page 40936]]

negative declarations certify that there are no VOC sources in these 
source categories located inside SMAQMD's portion of the SMA. VOCs 
contribute to the production of ground level ozone and smog. These 
negative declarations were adopted as part of SMAQMD's effort to meet 
the requirements of section 182(b)(2) of the CAA.
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    \4\ SMAQMD has submitted rules for four source categories: 
Aerospace, Clean Up Solvents, Offset Lithography, and Volatile 
Organic Liquid Storage Tanks. SMAQMD has developed rules for 
Autobody Refinishing and Wood Furniture and is in the process of 
developing rules for SOCMI Distillation, Reactors, and Batch 
Processing. Negative declarations will be developed for the two 
remaining categories.
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    This document also addresses EPA's direct-final action for the 
SBCAPCD negative declarations for: (1) Industrial Wastewater, (2) 
Plastic Parts Coating: Business Machines, (3) Plastic Parts Coating: 
Other, (4) Industrial Cleaning Solvents, (5) Offset Lithography, and 
(6) Shipbuilding Coatings. The submitted negative declarations 
represent six of the thirteen source categories listed in EPA's CTG 
document.<SUP>5</SUP> The submitted negative declarations certify that 
there are no VOC sources in these source categories located inside the 
SBCAPCD. VOCs contribute to the production of ground level ozone and 
smog. These negative declarations were adopted as part of SBCAPCD's 
effort to meet the requirements of section 182(b)(2) of the CAA.
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    \5\ SBCAPCD has submitted rules for four source categories: 
Aerospace, Autobody Refinishing, Volatile Organic Liquid Storage 
Tanks, and Wood Furniture. SBCAPCD is developing negative 
declarations for the remaining three source categories.
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III. EPA Evaluation and Action

    In determining the approvability of a negative declaration, EPA 
must evaluate the declarations 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).
    An analysis of SMAQMD's emission inventory revealed that there are 
no sources of VOC emissions from Plastic Parts Coating: Business 
Machines and Plastic Parts Coating: Other. SMAQMD's review of their 
permit files also indicated that these source categories do not exist 
in the SMAQMD. In a document adopted on May 2, 1996, SMAQMD certified 
that SMAQMD does not have any major stationary sources in these source 
categories located within the federal ozone nonattainment planning 
area.
    An analysis of SBCAPCD's emission inventory revealed that there are 
no sources of VOC emissions from Industrial Wastewater, Plastic Parts 
Coating: Business Machines, Plastic Parts Coating: Other, Industrial 
Cleaning Solvents, Offset Lithography, and Shipbuilding Coatings. 
SBCAPCD's review of their permit files also indicated that these source 
categories do not exist in the SBCAPCD. In a document adopted on May 
16, 1996, SBCAPCD certified that SBCAPCD does not have any major 
stationary sources in these source categories located within the 
federal ozone nonattainment planning area.
    EPA has evaluated these negative declarations and has determined 
that they are consistent with the CAA, EPA regulations, and EPA policy. 
SMAQMD's negative declarations for Plastic Parts Coating: Business 
Machines and Plastic Parts Coating: Other and SBCAPCD's negative 
declarations for Industrial Wastewater, Plastic Parts Coating: Business 
Machines, Plastic Parts Coating: Other, Industrial Cleaning Solvents, 
Offset Lithography, and Shipbuilding Coatings 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 document 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 September 29, 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 document 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 September 29, 1997.
    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.

IV. 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

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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 September 29, 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, 
Intergovernmental relations, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated July 16, 1997.
Felicia Marcus,
Regional Administrator.

    Subpart F of 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 52.222 is being amended by adding paragraph (a) (2) and 
(a)(3) to read as follows:


Sec. 52.222  Negative declarations.

    (a) * * *
    (2) Sacramento Metropolitan Air Quality Management District.
    (i) Plastic Parts Coating: Business Machines and Plastic Parts 
Coating: Other were submitted on June 6, 1996 and adopted on May 2, 
1996.
    (3) Santa Barbara County Air Pollution Control District.
    (i) Industrial Wastewater, Plastic Parts Coating: Business 
Machines, Plastic Parts Coating: Other, Industrial Cleaning Solvents, 
Offset Lithography, and Shipbuilding Coatings were submitted on July 
12, 1996 and adopted on May 16, 1996.
* * * * *
[FR Doc. 97-20217 Filed 7-30-97; 8:45 am]
BILLING CODE 6560-50-P