[Federal Register: June 4, 2002 (Volume 67, Number 107)]
[Rules and Regulations]               
[Page 38396-38398]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04jn02-14]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 264-0346a; FRL-7219-2]

 
Revisions to the California State Implementation Plan, Ventura 
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 to approve a revision to the 
Ventura County Air Pollution Control District (VCAPCD) portion of the 
California State Implementation Plan (SIP). This revision concerns 
volatile organic compound (VOC) emissions from surface cleaning and 
degreasing. We are approving the local rule that regulates these 
emission sources under the Clean Air Act as amended in 1990 (CAA or the 
Act).

DATES: This rule is effective on August 5, 2002 without further notice, 
unless EPA receives adverse comments by July 5, 2002. If we receive 
such comment, we will publish a timely withdrawal in the Federal 
Register to notify the public that this rule will not take effect.

ADDRESSES: Mail comments to Andy Steckel, Rulemaking Office Chief (AIR-
4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105-3901.
    You can inspect copies of the submitted SIP revisions and EPA's 
technical support document (TSD) at our Region IX office during normal 
business hours. You may also see copies of the submitted SIP revisions 
at the following locations: California Air Resources Board, Stationary 
Source Division, Rule Evaluation Section, 1001 ``I'' Street, 
Sacramento, CA 95812. Ventura County Air Pollution Control

[[Page 38397]]

District, 669 County Square Dr., 2nd FL., Ventura, CA 93003.

FOR FURTHER INFORMATION CONTACT: Charnjit Bhullar, Rulemaking Office 
(AIR-4), U.S. Environmental Protection Agency, Region IX, (415) 972-
3960.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rule?
    B. Does this rule meet the evaluation criteria?
    C. Public comment and final action.
III. Background Information
    Why was this rule submitted?
IV. Administrative Requirements

I. The State's Submittal

A. What Rule Did the State Submit?

    Table 1 lists the rule we are approving with the dates that it was 
adopted by the local air agency and submitted by the California Air 
Resources Board (CARB).

                                            Table 1.--Submitted Rule
----------------------------------------------------------------------------------------------------------------
            Local agency              Rule No.                Rule title                 Adopted      Submitted
----------------------------------------------------------------------------------------------------------------
VCAPCD.............................       74.6   Surface Cleaning and Degreasing....     01/08/02      03/15/02
----------------------------------------------------------------------------------------------------------------

    On May 7, 2002, this rule submittal was found to meet the 
completeness criteria in 40 CFR part 51, appendix V, which must be met 
before formal EPA review.

B. Are There Other Versions of This Rule?

    On December 11, 2000, EPA finalized limited approval and limited 
disapproval of a previous version of this rule. VCAPCD adopted the 
revisions to this rule on January 8, 2002, and CARB submitted it to us 
on March 15, 2002. We are acting on the revised version of this rule.

C. What Is the Purpose of the Submitted Rule?

    Rule 74.6 limits surface cleaning and degreasing activities 
performed with solvents containing VOCs. The TSD has more information 
about this rule.

II. EPA's Evaluation and Action

A. How Is EPA Evaluating This Rule?

    Generally, SIP rules must be enforceable (see section 110(a) of the 
Act), must require Reasonably Available Control Technology (RACT) for 
major sources in nonattainment areas (see sections 182(a)(2)(A) and 
182(f)), and must not relax existing requirements (see sections 110(l) 
and 193). The VCAPCD regulates an ozone nonattainment area (see 40 CFR 
part 81), so Rule 74.6 must fulfill RACT.
    Guidance and policy document that we used to define specific 
enforceability and RACT requirements include the following:
    1. Control of Volatile Organic Emissions from Solvent Metal 
Cleaning (November 1977).
    2. Issue Relating to VOC Regulation, Cut Points, Deficiencies, and 
Deviations (the ``Blue Book''), U.S. EPA, May 25, 1988.
    3. Determination of Reasonably Available Control Technology and 
Best Available Control Technology for Organic Solvent Cleaning and 
Degreasing Operations (July 18, 1991).

B. Does This Rule Meet the Evaluation Criteria?

    We believe this rule is consistent with relevant policy and 
guidance regarding enforceability and SIP relaxations. The TSD has more 
information on our evaluation. In particular, the revisions to this 
rule adequately address the deficiencies identified in our December 11, 
2000 limited disapproval.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted rule because we believe it fulfills all 
relevant requirements. We do not think anyone will object to this 
approval and we therefore are finalizing it without proposing it in 
advance. However, in the Proposed Rules section of this Federal 
Register, we are simultaneously proposing approval of the same 
submitted rule. If we receive adverse comments by July 5, 2002, we will 
publish a timely withdrawal in the Federal Register to notify the 
public that the direct final approval will not take effect, and we will 
address the comments in a subsequent final action based on the 
proposal. If we do not receive timely adverse comments, the direct 
final approval will be effective without further notice on August 5, 
2002. This action will incorporate this rule into the federally 
enforceable SIP.

III. Background Information

Why Was This Rule Submitted?

    NOX and VOC help produce ground-level ozone, smog and 
particulate matter, which harm human health and the environment. 
Section 110(a) of the CAA requires states to submit regulations that 
control NOX emissions. Table 2 lists some of the national 
milestones leading to the submittal of this local agency NOX 
rule.

                Table 2.--Ozone Nonattainment Milestones
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               Date                                 Event
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March 3, 1978.....................  EPA promulgated a list of ozone
                                     nonattainment areas under the Clean
                                     Air Act as amended in 1977. 43 FR
                                     8964; 40 CFR 81.305.
May 26, 1988......................  EPA notified Governors that parts of
                                     their SIPs were inadequate to
                                     attain and maintain the ozone
                                     standard and requested that they
                                     correct the deficiencies (EPA's SIP-
                                     Call). See section 110(a)(2)(H) of
                                     the pre-amended Act.
November 15, 1990.................  Clean Air Act Amendments of 1990
                                     were enacted. Pub. L. 101-549, 104
                                     Stat. 2399, codified at 42 U.S.C.
                                     7401-7671q.
May 15, 1991......................  Section 182(a)(2)(A) requires that
                                     ozone nonattainment areas correct
                                     deficient RACT rules by this date.
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IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 32111, 
``Actions Concerning Regulations That

[[Page 38398]]

Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001). This action merely approves state law as meeting 
federal requirements and imposes no additional requirements beyond 
those imposed by state law. Accordingly, the Administrator certifies 
that this rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing 
requirements under state law and does not impose any additional 
enforceable duty beyond that required by state law, it does not contain 
any unfunded mandate or significantly or uniquely affect small 
governments, as described in the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves the state rules 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045, 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 5, 2002. 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements.

    Dated: May 13, 2002.
Keith Takata,
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)(297) to read 
as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (297) New and amended regulations for the following APCDs were 
submitted on March 15, 2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Ventura County Air Pollution Control District.
    (1) Rule 74.6, adopted on January 8, 2002.
* * * * *
[FR Doc. 02-13798 Filed 6-3-02; 8:45 am]
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