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Revisions to the California State Implementation Plan, Ventura County Air Pollution Control District

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[Federal Register: December 11, 2000 (Volume 65, Number 238)]
[Rules and Regulations]
[Page 77307-77308]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11de00-13]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 224-0268; FRL-6908-1]


Revisions to the California State Implementation Plan, Ventura
County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing a limited approval and limited disapproval
of a revision to the Ventura County Air Pollution Control District's
(VCAPCD) portion of the California State Implementation Plan (SIP).
This action was proposed in the Federal Register on August 9, 2000 and
concerns volatile organic compound (VOC) emissions from surface
cleaning and degreasing. Under authority of the Clean Air Act as
amended in 1990 (CAA or the Act), this action simultaneously approves a
local rule that regulates this emission source and directs California
to correct rule deficiencies.

EFFECTIVE DATE: This rule is effective on January 10, 2001.

ADDRESSES: You can inspect copies of the administrative record for this
action at EPA's Region IX office during normal business hours. You can
inspect copies of the submitted SIP revisions at the following
locations:
    Environmental Protection Agency, Region IX, 75 Hawthorne Street,
San Francisco, CA 94105-3901.
    Environmental Protection Agency, Air Docket (6102), Ariel Rios
Building, 1200 Pennsylvania Avenue, N.W., Washington D.C. 20460.
    California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812.
    Ventura County Air Pollution Control District, 669 County Square
Dr., 2nd Fl., Ventura, CA 93003-5417.

FOR FURTHER INFORMATION CONTACT: Yvonne Fong, Rulemaking Office (AIR-
4), U.S. Environmental Protection Agency, Region IX, (415) 744-1199.

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

I. Proposed Action

    On August 9, 2000 (65 FR 48652), EPA proposed a limited approval
and limited disapproval of the following rule that was submitted for
incorporation into the California SIP.

----------------------------------------------------------------------------------------------------------------
         Local agency             Rule No.                   Rule title                   Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
VCAPCD........................         74.6  Surface Cleaning and Degreasing..........     11/10/98     02/16/99
----------------------------------------------------------------------------------------------------------------

    We proposed a limited approval because we determined that this rule
improves the SIP and is largely consistent with the relevant CAA
requirements. We simultaneously proposed a limited disapproval because
some rule provisions conflict with section 110 and part D of the Act.
These provisions are described below.
     Rule 74.6 contains two director's discretion clauses in
Sections C and C2a which are unapprovable because they allow the APCO
to change SIP requirements without going through the rulemaking
process.
     Section C1f contains a reference to Rule 74.32, Electronic
Manufacturing Operations, which has never been submitted for approval
into the SIP. The reference creates confusion over the rule's
applicability.
     Section D requires that records of a solvent's intended
uses, content, mix ratio be recorded. Although the types of records
that must be maintained are specified, the frequency with which records
should be kept is not specified.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period.
During this period, we did not receive any comments.

III. EPA Action

    Because no comments were submitted, our assessment of the rule as
described in our proposed action is not changed. Therefore, as
authorized in sections 110(k)(3) and 301(a) of the Act, EPA is
finalizing a limited approval of the submitted rule. This action
incorporates the submitted rule into the California SIP, including
those provisions identified as deficient. As authorized under section
110(k)(3), EPA is simultaneously finalizing a limited disapproval of
the rule. As a result, sanctions will be imposed unless EPA approves
subsequent SIP revisions that correct the rule deficiencies within 18
months of the effective date of this action. These sanctions will be
imposed under section 179 of the Act according to 40 CFR 52.31. In
addition, EPA must promulgate a federal implementation plan (FIP) under
section 110(c) unless we approve subsequent SIP revisions that correct
the rule deficiencies within 24 months. Note that the submitted rules
have been adopted by the VCAPCD, and EPA's final limited disapproval
does not prevent the local agency from enforcing them.

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. 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). For the same reason,
this rule also does not significantly or uniquely affect the
communities of tribal governments, as specified by Executive Order
13084 (63 FR 27655, May 10, 1998). This rule will 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), because it
merely approves a state rule 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 (62 FR 19885, April 23, 1997),
because it is not economically significant.

[[Page 77308]]

    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. As required by section 3
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing
this rule, EPA has taken the necessary steps to eliminate drafting
errors and ambiguity, minimize potential litigation, and provide a
clear legal standard for affected conduct. EPA has complied with
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the
takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
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 February 9, 2001. 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, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: November 1, 2000
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.

Subpart F--California

    2. Section 52.220 is amended by adding paragraphs (c)(262)(i)(B)(3)
to read as follows:

Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (262) * * *
    (i) * * *
    (B) * * *
    (3) Rule 74.6, revised on November 10, 1998.
* * * * *
[FR Doc. 00-31330 Filed 12-8-00; 8:45 am]
BILLING CODE 6560-50-P

 
 

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