[Federal Register Volume 63, Number 76 (Tuesday, April 21, 1998)]
[Rules and Regulations]
[Pages 19659-19661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10398]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA-203-0062; FRL-5996-4]


Approval and Promulgation of State Implementation Plans; 
California--Ventura County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking final action to approve a state implementation 
plan (SIP) revision submitted by the State of California relating to 
control measures for attaining the ozone national ambient air quality 
standards (NAAQS) in the Ventura County nonattainment area. The 
submittal revises control measure adoption schedules in the 1994 ozone 
SIP for Ventura County. EPA is approving the SIP revision under 
provisions of the Clean Air Act (CAA or the Act) 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 May 21, 1998.

ADDRESSES: The rulemaking docket for this document may be inspected and 
copied at the following locations during normal business hours. A 
reasonable fee may be charged for copying parts of the docket.

Environmental Protection Agency, Region 9, Air Division, Air Planning 
Office, 75 Hawthorne Street, San Francisco, CA 94105-3901.
Air and Radiation Docket and Information Center (6102), Environmental 
Protection Agency, 401 M Street, SW., Washington, DC 20460.

    Copies of the SIP materials are also available for inspection at 
the addresses listed below:

California Air Resources Board, 2020 L Street, Sacramento, California.

[[Page 19660]]

Ventura County Air Pollution Control District, 669 County Square Drive, 
Ventura, California.

FOR FURTHER INFORMATION CONTACT: Dave Jesson (415) 744-1288, Air 
Planning Office (AIR-2), Air Division, U.S. EPA, Region 9, 75 Hawthorne 
Street, San Francisco, California, 94105-3901.

SUPPLEMENTARY INFORMATION:

I. Background

    EPA is finalizing approval of a revision to the Ventura 1994 ozone 
SIP. The revision was included in the Ventura County 1997 Air Quality 
Management Plan Revision, which was adopted on October 21, 1997. The 
revision updates the adoption and implementation dates for 8 measures 
in the 1994 ozone SIP. On November 5, 1997, CARB adopted and submitted 
this update as a SIP revision. On November 19, 1997, EPA found the 
revision to be complete, pursuant to EPA's completeness criteria that 
are set forth in 40 CFR part 51, Appendix V.\1\ On December 5, 1997, 
CARB submitted a technical correction to the November 5, 1997 
submittal.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    This action was proposed on December 24, 1997 (62 FR 67320-23). The 
reader is referred to that notice for additional detail on the affected 
area and the SIP submittal, as well as a summary of relevant CAA 
provisions and EPA interpretations of those provisions.

II. Public Comments

    EPA received no comments on the proposal.

III. EPA Final Action

    In this document, EPA is taking final action to approve the 1997 
update to the 1994 ozone SIP for Ventura under sections 110(k)(3) and 
301(a) of the Act. The effect of this approval is to amend the 
federally enforceable adoption and implementation dates and emission 
reductions for 8 measures in the Ventura 1994 ozone SIP as shown in the 
tables in the proposed approval entitled ``Revised Adoption and 
Implementation Dates for Ventura Measures'' and ``Revised Emission 
Reductions for Ventura Measures'' (62 FR 67321-22). The amended 
measures are: R-303 AIM Architectural Coatings, R-322 Painter 
Certification Program, R-327 Electronic Component Manufacturing, R-410 
Marine Tanker Loading, R-420 Pleasure Craft Fuel Transfer, R-421 
Utility Engine Refueling Operations, R-425 Enhanced Fugitive I/M 
Program, N-102 Boilers, Steam Generators, Heaters <1 MMBtu.

IV. Regulatory Process

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 business, small not-for-profit enterprises and 
government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under sections 110 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, 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 regulatory 
flexibility analysis would constitute Federal inquiry into the economic 
reasonableness of state action. The CAA forbids EPA to base its actions 
concerning SIP's 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).

C. Unfunded Mandates

    Under sections 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 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 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. 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 June 22, 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 
oxides, Ozone, 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: April 2, 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.

[[Page 19661]]

Subpart F--California

    2. Section 52.220 is amended by adding paragraph (c)(251) to read 
as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (251) New and amended plans for the following agency were submitted 
on November 5, 1997, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Ventura County Air Pollution Control District.
    (1) Commitments to adopt and implement control measures contained 
in the Ventura 1997 Air Quality Management Plan, adopted on October 21, 
1997.

[FR Doc. 98-10398 Filed 4-20-98; 8:45 am]
BILLING CODE 6560-50-P