[Federal Register: September 21, 2004 (Volume 69, Number 182)]
[Rules and Regulations]
[Page 56355-56357]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21se04-4]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 307-0466a; FRL-7812-2]
Revisions to the California State Implementation Plan, Antelope
Valley Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve revisions to the
Antelope Valley Air Quality Management District portion of the
California State Implementation Plan (SIP). Under authority of the
Clean Air Act as amended in 1990 (CAA or the Act), we are approving the
rescission from the California SIP of local rules that address Metal
Container, Closure and Coil Coating Operations, Magnet Wire Coating
Operations, Volatile Organic Compound Emissions from Resin
Manufacturing, Surfactant Manufacturing, and the accompanying negative
declarations.
DATES: This rule is effective on November 22, 2004 without further
notice, unless EPA receives adverse comments by October 21, 2004. If we
receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.
ADDRESSES: Send comments to Andy Steckel, Rulemaking Office Chief (AIR-
4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne
http://www.regulations.gov.
You can inspect copies of the submitted SIP revisions, EPA's
technical support documents (TSDs), and public comments at our Region
IX office during normal business hours by appointment. You may also see
copies of the submitted SIP revisions by appointment at the following
locations:
Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, Room B-102, 1301 Constitution Avenue, NW., (Mail
Code 6102T), Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814.
Antelope Valley Air Quality Management District, 43301 Division
Street, Suite 206, Lancaster, CA 93539-4409
A copy of the rules may also be available via the Internet at
http://www.arb.ca.gov/drdb/drdbltxt.htm. Please be advised that this is
not an EPA Web site and may not contain the same version of the rule
that was submitted to EPA.
FOR FURTHER INFORMATION CONTACT: Julie A. Rose, EPA Region IX, (415)
947-4126, rose.julie@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. The State's Submittal
A. What rule rescissions did the State submit?
B. Are there other versions of these rules?
[[Page 56356]]
C. What is the purpose of the submitted rule rescissions?
II. EPA's Evaluation and Action.
A. How is EPA evaluating the rule rescissions?
B. Do the rule rescissions meet the evaluation criteria?
C. Public comment and final action.
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What Rule Rescissions Did the State Submit?
Table 1 lists the rule rescissions and negative declarations we are
approving with the dates that they were adopted by the Antelope Valley
Air Quality Management District (AVAQMD) and submitted by the
California Air Resources Board (CARB).
Table 1.--Submitted Rule Rescissions
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
AVAQMD.................................. 1125 Metal Container, Closure and 02/17/04 06/03/04
Coil Coating.
AVAQMD.................................. 1126 Magnet Wire Coating Operations.. 02/17/04 06/03/04
AVAQMD.................................. 1141 Control of Volatile Organic 03/16/04 07/19/04
Compound Emissions from Resin
Manufacturing.
AVAQMD.................................. 1141.2 Surfactant Manufacturing........ 03/16/04 07/19/04
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These rule submittals were found to meet the completeness criteria
in 40 CFR part 51, Appendix V, which must be met before formal EPA
review on June 30, 2004 and August 10, 2004, respectively.
B. Are There Other Versions of These Rules?
There are no previous rescissions or negative declarations for
Rules 1125, 1126, 1141, and 1141.2 in the SIP.
C. What Is the Purpose of the Submitted Rule Rescissions?
Section 110(a) of the CAA requires states to submit regulations
that control volatile organic compounds, oxides of nitrogen,
particulate matter, and other air pollutants which harm human health
and the environment. These rules were originally developed as part of
the South Coast Air Quality Management District's (SCAQMD) program to
control volatile organic compounds (VOC). The SCAQMD rules applied to
the portion of Los Angeles County located in the Mojave Desert Air
Basin, known as the Antelope Valley. On July 1, 1997 the AVAQMD was
formed, pursuant to statute and assumed the duties and powers of the
SCAQMD in the Antelope Valley. The AVAQMD remains subject to the RACT
requirements. The AVAQMD has rescinded Rules 1125, 1126, 1141, and
1141.2 and submitted negative declarations to certify that there are no
sources regulated by these rules within the jurisdiction of the AVAQMD.
Therefore, the rules are being rescinded and negative declarations were
adopted to fulfil the requirements of section 182(b)(2) of the Act. The
TSD has more information about these rules.
II. EPA's Evaluation and Action
A. How Is EPA Evaluating the Rule Rescissions?
EPA has evaluated all the appropriate background and submittal
documentation and has determined that the rescission of Rules 1125,
1126, 1141, and 1141.2 is approvable. The AVAQMD has certified with
Negative Declarations that the sources regulated by these rules are not
present in the AVAQMD. Further, the AVAQMD also stated that they do not
anticipate these types of sources in the future.
The rule rescissions are consistent with the CAA, EPA regulations
and EPA policy.
B. Do the Rule Rescissions Meet the Evaluation Criteria?
We believe these rule rescissions and negative declarations are
consistent with the relevant policy and guidance. The TSD has more
information on our evaluation.
C. Public Comment and Final Action
As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill all
relevant requirements. We do not think anyone will object to this
approval, so we 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 rules. If we
receive adverse comments by October 21, 2004, 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 November 22, 2004. This will incorporate
these rule rescissions into the Federally enforceable SIP.
III. Statutory and Executive Order Reviews
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 13211,
``Actions Concerning Regulations That 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 (Pub. L. 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
[[Page 56357]]
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
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 ``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 November 22, 2004. 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: August 26, 2004.
Wayne Nastri,
Regional Administrator, Region IX.
0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(156)(vii)(B),
(189)(i)(A)(8), and (215)(i)(A)(7) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(156) * * *
(vii) * * *
(B) Previously approved on January 15, 1987 in paragraph
(c)(156)(vii)(A) of this section and now deleted without replacement
for implementation in the Antelope Valley Air Quality Management
District Rule 1141.2.
* * * * *
(189) * * *
(i) * * *
(A) * * *
(8) Previously approved on December 20,1993 in paragraph
(c)(189)(i)(A)(3) of this section and now deleted without replacement
for implementation in the Antelope Valley Air Quality Management
District Rule 1141.
* * * * *
(215) * * *
(i) * * *
(A) * * *
(7) Previously approved on June 13, 1995 in paragraph
(c)(215)(i)(A)(1) of this section and now deleted without replacement
for implementation in the Antelope Valley Air Quality Management
District Rules 1125 and 1126.
* * * * *
0
3. Section 52.222 is amended by adding paragraphs (a)(6)(v) and
(a)(6)(vi) to read as follows:
Sec. 52.222 Negative declarations.
(a) * * *
(6) * * *
(v) Metal Container, Closure and Coil Coating Operations and Magnet
Wire Coating Operations submitted on June 3, 2004 and adopted on
February 17, 2004.
(vi) Control of Volatile Compound Emissions from Resin
Manufacturing and Surfactant Manufacturing submitted on July 19, 2004
and adopted on March 16, 2004.
* * * * *
[FR Doc. 04-21179 Filed 9-20-04; 8:45 am]
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