33854 Federal Register / Vol. 63, No. 119 / Monday, June 22, 1998 /Rules and Regulations

In rule FR Doc. 98–9965 published on

April 16, 1998, (63 FR 18836 make the

following correction. On page 18837, in

the second column, remove the words:

‘‘Marine Operations Director’’ and add

in their place, ‘‘Maritime Operations

Director’’.

Dated: June 16, 1998.

John A. Mills,

Secretary.

[FR Doc. 98–16516 Filed 6–19–98; 8:45 am]

BILLING CODE 3640–04–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 198–0077; FRL–6112–5]

Approval and Promulgation of State

Implementation Plans; California State

Implementation Plan Revision; San

Diego County Air Pollution Control

District; San Joaquin Valley Unified Air

Pollution Control District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finalizing the approval

of revisions to the California State

Implementation Plan (SIP) proposed in

the Federal Register on October 10,

1997, and March 30, 1998. The revisions

concern San Diego County Air Pollution

Control District (SDCAPCD) Rule 67.10

and San Joaquin Valley Unified Air

Pollution Control District (SJVUAPCD)

Rule 4401. SDCAPCD Rule 67.10

controls volatile organic compound

(VOC) emissions from kelp processing

and bio-polymer manufacturing

operations, and SJVUAPCD Rule 4401

controls VOC emissions from steamenhanced crude oil production well

vents. This final action will incorporate

these rules into the Federally-approved

SIP and will also permanently stop the

sanctions and Federal implementation

plan clocks that were started on

February 14, 1996, and September 27,

1996, respectively, when EPA published

final limited disapproval actions for the

State’s previous submittals of these

rules. The intended effect of approving

these rules is to regulate emissions of

VOCs 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

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.

EFFECTIVE DATE: This action is effective

on July 22, 1998.

ADDRESSES: Copies of these rules and

EPA’s evaluation report for each rule 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.

San Diego County Air Pollution Control

District, 9150 Chesapeake Drive, San

Diego, CA 92123–1096.

San Joaquin Valley Unified Air

Pollution Control District, 1999

Tuolumne Street, Suite 200, Fresno,

CA 93721.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95814.

FOR FURTHER INFORMATION CONTACT: For

questions regarding SDCAPCD Rule

67.10, contact Patricia Bowlin,

Rulemaking Office, (AIR–4), Air

Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105,

telephone: (415) 744–1188. For

questions on SJVUAPCD Rule 4401,

contact Mae Wang at the same address,

telephone: (415) 744–1200.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rules being approved into the

California State Implementation Plan

(SIP) are San Diego County Air

Pollution Control District (SDCAPCD)

Rule 67.10, Kelp Processing and BioPolymer Manufacturing Operations, and

San Joaquin Valley Unified Air

Pollution Control District (SJVUAPCD)

Rule 4401, Steam-enhanced Crude Oil

Production Well Vents. These rules

were submitted by the California Air

Resources Board (CARB) to EPA on

August 1, 1997, and March 10, 1998,

respectively.

II. Background

On October 10, 1997, in 62 FR 52959,

EPA proposed to approve SDCAPCD

Rule 67.10, Kelp Processing and BioPolymer Manufacturing Operations, into

the California SIP. Rule 67.10 was

adopted by SDCAPCD on June 25, 1997.

The rule was submitted by CARB to

EPA on August 1, 1997. On March 30,

1998, in 63 FR 15116, EPA proposed to

approve SJVUAPCD Rule 4401, Steamenhanced Crude Oil Production Well

Vents, into the California SIP. Rule 4401

was adopted by SJVUAPCD on January

15, 1998, and was submitted by CARB

to EPA on March 10, 1998. Both rules

were submitted in response to EPA’s

1988 SIP-Call and the 1990 Clean Air

Act (CAA or the Act) section

182(a)(2)(A) requirement that

nonattainment areas fix their reasonably

available control technology (RACT)

rules for ozone in accordance with EPA

guidance that interpreted the

requirements of the pre-amendment Act.

A detailed discussion of the background

for each rule is provided in the

appropriate proposed rulemaking

document cited above.

EPA has evaluated the above rules for

consistency with the requirements of

the CAA and EPA regulations and EPA

interpretation of these requirements as

expressed in the various EPA policy

guidance documents referenced in the

proposed rulemaking documents cited

above. EPA has found that the rules

meet the applicable EPA requirements.

A detailed discussion of the rule

provisions and evaluation has been

provided in each proposed rulemaking

and in the technical support documents

available at EPA’s Region IX office.

III. Response to Public Comments

A 30-day public comment period was

provided in 62 FR 52959 and 63 FR

15116. No comments were received.

IV. EPA Action

EPA is finalizing action to approve

the above rules for inclusion into the

California SIP. EPA is approving the

rules under section 110(k)(3) as meeting

the requirements of section 110(a) and

Part D of the CAA. This approval action

will incorporate these rules into the

Federally-approved SIP and will also

stop the sanctions process and Federal

implementation plan clocks, which

were started on February 14, 1996, and

September 27, 1996, when limited

disapproval actions were published in

the Federal Register. The intended

effect of approving these rules is to

regulate emissions of volatile organic

compounds (VOCs) in accordance with

the requirements of the CAA.

The final action on these rules serves

as a final determination that the

deficiencies in these rules have been

corrected. Therefore, on July 22, 1998,

any sanction or Federal implementation

plan clock is permanently stopped.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

implementation plan. Each request for

revision to the state implementation
Federal Register / Vol. 63, No. 119 / Monday, June 22, 1998 /Rules and Regulations 33855

plan shall be considered separately in

light of specific technical, economic,

and environmental factors, and in

relation to relevant statutory and

regulatory requirements.

V. Administrative Requirements

A. Executive Orders 12866 and 13045

The Office of Management and Budget

has exempted this regulatory action

from Executive Order (E.O.) 12866

review.

This 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

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

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 August 21, 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, 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: June 9, 1998.

David Howekamp,

Acting 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 paragraphs (c) (248) and (c) (254)

to read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(248) New and amended regulations

for the following APCDs were submitted

on August 1, 1997, by the Governor’s

designee.

(i) Incorporation by reference.

(A) San Diego County Air Pollution

Control District.

(1) Rule 67.10 adopted June 25, 1997.

* * * * *

(254) New and amended regulations

for the following APCDs were submitted

on March 10, 1998 by the Governor’s

designee.

(i) Incorporation by reference.

(A) San Joaquin Valley Unified Air

Pollution Control District.

(1) Rule 4401 adopted January 15,

1998.

[FR Doc. 98–16408 Filed 6–19–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6111–7]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of deletion of Beulah

Landfill Site from the National Priorities

List.

SUMMARY: The U.S. Environmental

Protection Agency (EPA) announces the

deletion of the Beulah Landfill Site from

the National Priorities List (NPL). The

NPL constitutes Appendix B of 40 CFR