[Federal Register Volume 62, Number 59 (Thursday, March 27, 1997)]
[Rules and Regulations]
[Pages 14639-14641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7690]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 184-0031a FRL-5709-3]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, San Diego 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. 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 San Diego County 
Air Pollution Control District (SDCAPCD). The intended effect of 
approving this action is to incorporate changes to the definition of 
VOC and to update the Exempt Compound list in SDCAPCD rules to be 
consistent with the revised federal and state VOC definitions.

DATES: This action is effective on May 27, 1997 unless adverse or 
critical comments are received by April 28, 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, 
S.W., Washington, D.C. 20460.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
San Diego County Air Pollution Control District, 9150 Chesapeake Drive, 
CA 92123.

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 San Diego County Air Pollution 
Control District Rules: Rule 2, Definitions; Rule 67.0, Architectural 
Coatings; Rule 67.1, Alternative Emission Control Plans; Rule 67.2, Dry 
Cleaning Equipment Using Petroleum-Based Solvents; Rule 67.3, Metal 
Parts and Products Coating Operations; Rule 67.5, Paper, Film, and 
Fabric Coating Operations; Rule 67.7, Cutback and Emulsified Asphalts; 
Rule 67.12, Polyester Resin Operations; Rule 67.15, Pharmaceutical and 
Cosmetic Manufacturing Operations; 67.16, Graphic Arts Operations; Rule 
67.17, Storage of Materials Containing Volatile Organic Compounds; Rule 
67.18, Marine Coating Operations; and Rule 67.24, Bakery Ovens. These 
rules were submitted by the California Air Resources Board to EPA on 
October 18, 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 October 18, 1996, including the rules 
being acted on in this administrative action. This action addresses 
EPA's direct-final action for SDCAPCD Rule 2, Definitions; Rule 67.0, 
Architectural Coatings; Rule 67.1, Alternative Emission Control Plans; 
Rule 67.2, Dry Cleaning Equipment Using Petroleum-Based Solvents; Rule 
67.3, Metal Parts and Products Coating Operations; Rule 67.5, Paper, 
Film, and Fabric Coating Operations; Rule 67.7, Cutback and Emulsified 
Asphalts; Rule 67.12, Polyester Resin Operations; Rule 67.15, 
Pharmaceutical and Cosmetic Manufacturing Operations; Rule 67.16, 
Graphic Arts Operations; Rule 67.17, Storage of Materials Containing 
Volatile Organic Compounds; Rule 67.18, Marine Coating Operations; and 
Rule 67.24, Bakery Ovens. These rules were adopted by SDCAPCD on May 
15, 1996 and were found to be complete on December 19, 1996, pursuant 
to EPA's

[[Page 14640]]

completeness criteria that are set forth in 40 CFR part 51, Appendix V 
<SUP>1 and are being finalized for approval into the SIP.
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    \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).
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    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 SDCAPCD 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.
    The SDCAPCD rules being affected by this action to revise the 
definition of VOC include:
    <bullet> Rule 2  Definitions.
    <bullet> Rule 67.0  Architectural Coatings.
    <bullet> Rule 67.1  Alternative Emission Control Plans.
    <bullet> Rule 67.2  Dry Cleaning Equipment Using Petroleum-Based 
Solvents.
    <bullet> Rule 67.3  Metal Parts and Products Coating Operations.
    <bullet> Rule 67.5  Paper, Film and Fabric Coating Operations.
    <bullet> Rule 67.7  Cutback and Emulsified Asphalts.
    <bullet> Rule 67.12  Polyester Resin Operations.
    <bullet> Rule 67.15  Pharmaceutical and Cosmetics Manufacturing 
Operations.
    <bullet> Rule 67.16  Graphic Arts Operations.
    <bullet> Rule 67.17  Storage of Materials Containing Volatile 
Organic Compounds.
    <bullet> Rule 67.18  Marine Coating Operations.
    <bullet> Rule 67.24  Bakery Ovens.
    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 May 27, 1997, unless, by April 28, 1997, 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 May 27, 1997.

Regulatory Process

    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 sections 110 and 301(a) and subchapter I, Part 
D 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 impose any new requirements, I certify 
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 regulatory flexibility analysis would 
constitute Federal inquiry into the economic reasonableness of state 
action. The CAA forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S. 
Ct. 1976); 42 U.S.C. 7410 (a)(2).

Unfunded Mandates

    Under Sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (''Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules that include a Federal mandate that may result in 
estimated costs of $100 million or more to the private sector or to 
State, local, or tribal governments in the aggregate.
    Through submission of this state implementation plan or plan 
revision, the State and any affected local or tribal governments have 
elected to adopt the program provided for under Part D of the Clean Air 
Act. These rules may bind State, local, and tribal governments to 
perform certain actions and also require the private sector to perform 
certain duties. The rules being approved by this action will impose no 
new requirements because affected sources are already subject to these 
regulations under State law. Therefore, no additional costs to State, 
local, or tribal governments or to the private sector result from this 
action. EPA has also determined that this final action does not include 
a mandate that may result in estimated costs of $100 million or more to 
State, local, or tribal governments in the aggregate or to the private 
sector.
    Under 5 U.S.C. 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 5 
U.S.C. section 804(2).
    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 Executive Order 12866 review.

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.


[[Page 14641]]


    Dated: February 26, 1997.
John Wise,
Acting 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)(241) to read 
as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (241) New and amended regulations for the following APCD were 
submitted on October 18, 1996 by the Governor's designee.
    (i) Incorporationed by reference.
    (A) San Diego County Air Pollution Control District.
    (1) Rules 2, Definitions; 67.0, Architectural Coatings; 67.1, 
Alternative Emission Control Plans; 67.2, Dry Cleaning Equipment Using 
Petroleum-Based Solvents; 67.3, Metal Parts and Products Coating 
Operations; 67.5, Paper, Film, and Fabric Coating Operations; 67.7, 
Cutback and Emulsified Asphalts; 67.12, Polyester Resin Operations; 
67.15, Pharmaceutical and Cosmetic Manufacturing Operations; 67.16, 
Graphic Arts Operations; 67.17, Storage of Materials Containing 
Volatile Organic Compounds; 67.18, Marine Coating Operations; and 
67.24, Bakery Ovens, adopted on May 15, 1996.
* * * * *
[FR Doc. 97-7690 Filed 3-26-97; 8:45 am]
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