[Federal Register Volume 64, Number 160 (Thursday, August 19, 1999)]
[Rules and Regulations]
[Pages 45178-45182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21160]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 172-0157a; FRL-6420-3]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision: Bay Area Air Quality Management
District, Kern County Air Pollution Control District, Monterey Bay
Unified Air Pollution Control District, South Coast Air Quality
Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action on revisions to the
California State Implementation Plan (SIP). The revisions concern rules
from the following districts: Bay Area Air Quality Management
District--Rule 8-26, Magnet Wire Coating Operations; Kern County Air
Pollution Control District--Rule 410.4, Surface Coating of Metal Parts
and Products; Monterey Bay Unified Air Pollution Control District--Rule
434, Coating of Metal Parts and Products; and, South Coast Air Quality
Management District--Rule 1107, Coating of Metal Parts and Products.
This approval action will incorporate these rules within the federally
approved SIP. The intended effect of approving these rules is to
regulate emissions of volatile organic compounds (VOCs) according to
the requirements of the Clean Air Act, as amended in 1990 (CAA or the
Act). The revised rules control VOC emissions from the surface coating
of magnet wire and miscellaneous metal parts and products. 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.
DATES: This rule is effective on October 18, 1999 without further
notice, unless EPA receives adverse comments by September 20, 1999. If
EPA receives such comment, it will publish a timely withdrawal notice
in the Federal Register informing the public that this rule will not
take effect.
ADDRESSES: Written comments must be submitted to Andrew Steckel at the
Region IX office listed below. Copies of the rule revisions 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 rule revisions 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,
SW, Washington, D.C. 20460
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812
Bay Area Air Quality Management District, 939 Ellis Street, San
Francisco, CA 94109
Kern County Air Pollution Control District, 2700 M Street, Suite 302,
Bakersfield, CA 93301
Monterey Bay Unified Air Pollution Control District, 24580 Silver Cloud
Court, Monterey, CA 93940
South Coast Air Quality Management District, 218 East Copley Drive,
Diamond Bar, CA 91765
FOR FURTHER INFORMATION CONTACT: Jerald S. Wamsley, Rulemaking Office,
AIR-4, Air Division, U.S. Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-
1226.
SUPPLEMENTARY INFORMATION:
[[Page 45179]]
I. Applicability
EPA is approving the following rules into the California SIP:
--Bay Area Air Quality Management District (BAAQMD)--Rule 8-26, Magnet
Wire Coating Operations;
--Kern County Air Pollution Control District (KCAPCD)--Rule 410.4,
Surface Coating of Metal Parts and Products;
--Monterey Bay Unified Air Pollution Control District (MBUAPCD)--Rule
434, Coating of Metal Parts and Products; and,
--South Coast Air Quality Management District (SCAQMD)--Rule 1107,
Coating of Metal Parts and Products. These rules were submitted by the
California Air Resources to EPA on July 23, 1996 (BAAQMD Rule 8-26),
May 10, 1996 (KCAPCD 410.4), March 3, 1997 (MBUAPCD Rule 434), February
16, 1999 (SCAQMD Rule 1107).
II. Background
On March 3, 1978, EPA promulgated a list of ozone nonattainment
areas under the provisions of the Clean Air Act, as amended in 1977
(1977 Act or pre-amended Act), that included the San Francisco Bay, the
Southeast Desert Modified Air Quality Management Area, Monterey Bay,
and the South Coast ozone nonattainment areas (see 43 FR 8964, 40 CFR
81.305.) On May 26, 1988, EPA notified the Governor of California,
pursuant to section 110(a)(2)(H) of the 1977 Act, that the portions of
the California SIP represented by these areas were inadequate to attain
and maintain the ozone standard and requested that deficiencies in the
existing SIP be corrected (EPA's SIP-Call). On November 15, 1990, the
Clean Air Act Amendments of 1990 were enacted. Public Law 101-549, 104
Stat. 2399, codified at 42 U.S.C. 7401-7671q. In amended section
182(a)(2)(A) of the CAA, Congress statutorily adopted the requirement
that nonattainment areas fix their deficient reasonably available
control technology (RACT) rules for ozone and established a deadline of
May 15, 1991 for states to submit corrections of those deficiencies.
Section 182(a)(2)(A) applies to areas designated as nonattainment
prior to enactment of the amendments and classified as marginal or
above as of the date of enactment. It requires such areas to adopt and
correct RACT rules pursuant to pre-amended section 172 (b) as
interpreted in pre-amendment guidance.1 EPA's SIP-Call used
that guidance to indicate the necessary corrections for specific
nonattainment areas. The nonattainment areas subject to this rulemaking
were classified as follows: Bay Area--moderate; Monterey Bay--moderate;
and South Coast--extreme.2 Therefore, these areas are
subject to the RACT fix-up requirement and the May 15, 1991 deadline.
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\1\ Among other things, the pre-amendment guidance consists of
those portions of the proposed Post-1987 ozone and carbon monoxide
policy that concern RACT, 52 FR 45044 (November 24, 1987); ``Issues
Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,
Clarification to Appendix D of November 24, 1987 Federal Register
Document'' (Blue Book) (notice of availability was published in the
Federal Register on May 25, 1988); and the existing control
technique guidelines (CTGs).
\2\ Bay Area, Monterey Bay, and South Coast nonattainment areas
retained their designation of nonattainment and were classified by
operation of law pursuant to sections 107(d) and 181(a) upon the
date of enactment of the CAA. At the same time the Southeast Desert
Air Basin Portion of Kern County was designated nonattainment. See
56 FR 56694 (November 6, 1991).
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The Bay Area ozone nonattainment area was redesignated to
attainment on May 22, 1995 (see 60 FR 27028). Subsequently, based on
violations of the ozone NAAQS, EPA redesignated the San Francisco Bay
Area to nonattainment without classification on July 10, 1998 (see 63
FR 37258). The Monterey Bay Area was redesignated as an attainment area
for the ozone standard on January 17, 1997 (see 62 FR 2597).
The Southeast Desert Air Basin portion of Kern County was not a
pre-amendment nonattainment area, so it was not designated and
classified upon enactment of the amended Act. Consequently, KCAPCD is
not subject to the section 182(a)(2)(A) RACT fix-up requirement. The
KCAPCD is subject to the requirements of EPA's SIP-Call, because the
SIP-Call included all of Kern County.
The State of California submitted many revised RACT rules for
incorporation into its SIP. CARB submitted the rules subject to this
rulemaking action to EPA on July 23, 1996 (BAAQMD Rule 8-26), May 10,
1996 (KCAPCD Rule 410.4), March 3, 1997 (MBUAPCD Rule 434), February
16, 1999 (SCAQMD Rule 1107). This document addresses EPA's direct-final
action for Bay Area Air Quality Management District--Rule 8-26, Magnet
Wire Coating Operations adopted and revised December 20, 1995; Kern
County Air Pollution Control District--Rule 410.4, Surface Coating of
Metal Parts and Products adopted and revised March 7, 1996; Monterey
Bay Unified Air Pollution Control District--Rule 434, Coating of Metal
Parts and Products adopted and revised December 18, 1996; and, South
Coast Air Quality Management District--Rule 1107, Coating of Metal
Parts and Products adopted and revised on August 18, 1998.
These submitted rules were found to be complete pursuant to EPA's
completeness criteria set forth in 40 CFR part 51, appendix
V.3 EPA found the subject rules complete on the following
dates: October 30, 1996 (BAAQMD Rule 8-26), July 19, 1996 (KCAPCD Rule
410.4), August 12, 1997 (MBUAPCD Rule 434), April 23, 1999 (SCAQMD Rule
1107).
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\3\ 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).
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EPA is taking direct final action to approve these revisions to the
California SIP.
These rules are prohibitory rules governing the use and application
of coating compounds containing photochemically reactive volatile
organic compounds (VOCs) in their respective industries. VOCs
contribute to the production of ground level ozone and smog. These
rules were adopted originally as part of each air district's effort to
achieve the National Ambient Air Quality Standard (NAAQS) for ozone and
in response to EPA's SIP-Call and the section 182(a)(2)(A) CAA
requirement. EPA's evaluation and final action for these rules follows
in the next section.
III. EPA Evaluation and Action
When deciding whether or not to approve a VOC rule, EPA must
evaluate the rule for consistency with the requirements of the CAA and
EPA regulations, as found in section 110 and part D of the CAA and 40
CFR part 51 (Requirements for Preparation, Adoption, and Submittal of
Implementation Plans). The EPA interpretation of these requirements,
which forms the basis for today's action, appears in the various EPA
policy guidance documents listed in footnote one. Among those
provisions is the requirement that a VOC rule must, at a minimum,
provide for the implementation of RACT for stationary sources of VOC
emissions. This requirement was carried forth from the pre-amended Act.
For the purpose of assisting state and local agencies in developing
RACT rules, EPA prepared a series of Control Technique Guideline (CTG)
documents. The CTGs are based on the underlying requirements of the Act
and specify the presumptive norms for what is RACT for specific source
categories. Under the CAA, Congress ratified EPA's use of these
documents, as well as other
[[Page 45180]]
Agency policy, for requiring States to ``fix-up'' their RACT rules. See
section 182(a)(2)(A). The CTGs applicable to these rules are entitled
as follows:
--``Control of Volatile Organic Emissions from Existing Stationary
Sources, Volume IV: Surface Coating for the Insulation of Magnet
Wire,'' USEPA, December 1977, EPA-450/2-77-033; and,
--``Control of Volatile Organic Emissions from Existing Stationary
Sources Volume VI: Surface Coating of Miscellaneous Metal Parts and
Products,'' USEPA, June 1978, EPA-450/2-78-015.
Further interpretations of EPA policy are found in the Blue Book,
referred to in footnote one. In general, these guidance documents have
been set forth to ensure that VOC rules are fully enforceable and
strengthen or maintain the SIP.
In the past, EPA approved into the SIP prior versions of each
subject rule. On July 8, 1982, EPA approved into the SIP a prior
version of BAAQMD Rule 8-26 (see 47 FR 29668.) This version of Rule 8-
26 was adopted by the BAAQMD Governing Board on May 7, 1980. Prior to
the December 20, 1995 revisions to Rule 8-26, BAAQMD revised Rule 8-26
on March 17, 1982. Consequently, this review of Rule 8-26 addresses
this past, as well as, the recent December 20, 1995 revision of the
rule.
The BAAQMD's submitted Rule 8-26, Magnet Wire Coating Operations,
included the following significant change from the current SIP rule.
--Rule 8-26's definition of volatile organic compounds was revised.
The March 17, 1982 amendments to Rule 8-26 added two test methods
at 8-26-601, Analysis of Samples and 8-26-602, Determination of
Emissions.
The definition change and test method additions within submitted
Rule 8-26 do not interfere with reasonable further progress or
attainment of the NAAQS. These 1982 and 1995 changes to Rule 8-26
either update or improve the clarity of the rule. Consequently, the
changes within submitted BAAQMD Rule 8-26 are consistent with the
requirements of section 110(l) of the CAA.
EPA has evaluated the BAAQMD's submitted rule and has determined
that it is consistent with the CAA, EPA regulations, and EPA policy.
Therefore, BAAQMD Rule 8-26, Magnet Wire Coating Operations is being
approved under section 110(k)(3) of the CAA as meeting the requirements
of section 110(a) and part D.
EPA approved into the SIP a prior version of KCAPCD's Rule 410.4,
Surface Coating of Metal Parts and Products, on July 25, 1996 (see 61
FR 38571). The KCAPCD Governing Board adopted this version of Rule
410.4 on April 6, 1995.
KCAPCD's submitted Rule 410.4, Surface Coating of Metal Parts and
Products includes the following significant change from the current SIP
rule.
--Rule 410.4's definitions for exempt compounds and volatile organic
compounds have been removed and the rule now refers to Rule 102--
Definitions for these terms.
The definition change within submitted Rule 410.4 does not
interfere with reasonable further progress or attainment of the NAAQS.
This change updates the rule. Consequently, the change within submitted
KCAPCD Rule 410.4 is consistent with the requirements of section 110(l)
of the CAA.
EPA has evaluated the KCAPCD's submitted rule and has determined
that it is consistent with the CAA, EPA regulations, and EPA policy.
Therefore, KCAPCD Rule 410.4--Surface Coating of Metal Parts and
Products is being approved under section 110(k)(3) of the CAA as
meeting the requirements of section 110(a) and part D.
EPA approved a prior version of MBUAPCD's Rule 434, Coating of
Metal Parts and Products on February 12, 1996 (see 61 FR 5288). This
version of Rule 434 was adopted by the MBUAPCD Governing Board on June
15, 1994. MBUAPCD's submitted Rule 434--Coating of Metal Parts and
Products included these significant changes from the current SIP
described below.
--Rule 434's definitions for exempt compounds and volatile organic
compounds have been removed and the Rule 434 now refers to Rule 101--
Definitions for these terms.
--The VOC emissions limit for pretreatment wash primers were increased
from 420 grams/litre (g/l) to 780 g/l.
--Recordkeeping requirements were revised to require daily
recordkeeping for the use of non-compliant coatings.
--Lastly, the test method for determining pollution control equipment
capture efficiency was updated.
The VOC content limits, recordkeeping, and test method revisions
within submitted Rule 434 do not interfere with reasonable further
progress or attainment of the NAAQS. MBUAPCD stated there are no
permitted sources within the district using pretreatment wash primer.
As a result, MBUAPCD did not perform a five percent analysis justifying
the de minimis effect of raising this emission limit. However, should
sources using pretreatment wash primer begin coating operations within
MBUAPCD, EPA will require the MBUAPCD to conduct a five percent
analysis to demonstrate the continued de minimis emissions effect of
the 780 g/l emissions limit.
EPA has evaluated the MBUAPCD's submitted rule and has determined
that it is consistent with the CAA, EPA regulations, and EPA policy.
Therefore, MBUAPCD Rule 434--Coating of Metal Parts and Products is
being approved under section 110(k)(3) of the CAA as meeting the
requirements of section 110(a) and part D.
On July 14, 1995, EPA approved into the SIP a prior version of
SCAQMD--Rule 1107, Coating of Metal Parts and Products (see 60 FR
36227). The SCAQMD Governing Board adopted this version of Rule 1107 on
May 12, 1995. Prior to the August 14, 1998 revisions to Rule 1107,
SCAQMD revised a set of rules including Rule 1107. The SCAQMD Governing
Board adopted these revisions on March 8, 1996 and the CARB submitted
them to EPA on July 23, 1996. EPA has not acted on this set of
revisions. However, because the March 8, 1996 revisions to Rule 1107
are incorporated within the later August 14, 1998 revisions and
adoption, EPA's review of Rule 1107 addresses both this past as well as
the most recent revisions of the rule.
The significant changes from the current SIP within SCAQMD's August
14, 1998 submittal of Rule 1107 are described below.
--The VOC content limit is lowered for general category single-
component air-dried coating from 340 gram/liter (gr/l) to 275 gr/l (2.3
lb VOC/gal), less water and exempt compounds beginning March 1, 1999.
--A small use exemption for facilities using less than one gallon of
coating per day is removed after March 1, 1999.
--A small use exemption for facilities using less than 55 gallons per
rolling 12 month period is removed after March 1, 1999. However, this
exemption is retained for sources using essential public service
coatings for repair and maintenance procedures.
--An exemption is allowed for electric insulating and thermally
conductive coatings.
The March 8, 1996 amendments to Rule 1107 removed the definition of
exempt compounds which was placed for ease of revision within Rule
102--Definition of Terms. Also, because
[[Page 45181]]
changes to California law prohibited air districts from regulating
aerosol applications and placed this authority with the CARB, the
SCAQMD exempted aerosol coating products from Rule 1107. Now, CARB
regulates aerosol coatings through their consumer products regulations.
The modified VOC content limits and exemption levels within
submitted Rule 1107 do not interfere with reasonable further progress
or attainment of the NAAQS. The VOC content limits have been
strengthened and the exemption criteria are narrowed. The changes to
Rule 1107 increase VOC emission reductions compared to the 1995 version
of the rule within the SIP. SCAQMD calculated that VOC emissions are
reduced by an additional 1.01 tons/per day or 368.7 tons per year. For
these reasons, the changes within submitted Rule 1107 are consistent
with the requirements of section 110(l) of the CAA.
EPA has evaluated the SCAQMD's submitted rule and has determined it
is consistent with the CAA, EPA regulations, and EPA policy. Therefore,
SCAQMD--Rule 1107, Coating of Metal Parts and Products, is being
approved under section 110(k)(3) of the CAA as meeting the requirements
of section 110(a) and part D.
Nothing in this action should be construed as permitting, allowing,
or establishing a precedent for any future implementation plan. Each
request for revision to the state implementation plan shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
EPA is publishing this rulemaking action without prior proposal
because the Agency views this as a noncontroversial amendment and
anticipates no adverse comments. However, in the proposed rules section
of this Federal Register publication, EPA is publishing a separate
document that will serve as the proposal to approve the SIP revision
should adverse comments be filed. This rule will be effective October
18, 1999 without further notice unless the Agency receives adverse
comments by September 20, 1999.
If the EPA receives such comments, then EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. All public comments received will then be
addressed in a subsequent final rule based on the proposed rule. The
EPA will not institute a second comment period. Any parties interested
in commenting on this rule should do so at this time. If no such
comments are received, the public is advised that this rule is
effective on October 18, 1999 and no further action will be taken on
the proposed rule.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order (E.O.) 12866, Regulatory
Planning and Review.
B. Executive Order 12875
Under Executive Order 12875, Enhancing the Intergovernmental
Partnership, EPA may not issue a regulation that is not required by
statute and that creates a mandate upon a State, local or tribal
government, unless the Federal government provides the funds necessary
to pay the direct compliance costs incurred by those governments, or
EPA consults with those governments. If EPA complies by consulting,
Executive Order 12875 requires EPA to provide to the Office of
Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected State, local and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule does not create a mandate on State, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of E.O. 12875
do not apply to this rule.
C. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is
determined to be ``economically significant'' as defined under E.O.
12866, and (2) concerns an environmental health or safety risk that EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety effects of the planned rule on
children, and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency. This rule is not subject to E.O. 13045 because it does
not involve decisions intended to mitigate environmental health or
safety risks.
D. Executive Order 13084
Under Executive Order 13084, Consultation and Coordination with
Indian Tribal Governments, EPA may not issue a regulation that is not
required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.'' Today's rule
does not significantly or uniquely affect the communities of Indian
tribal governments. Accordingly, the requirements of section 3(b) of
E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because 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
create any new requirements, I certify that this
[[Page 45182]]
action will not have a significant economic impact on a substantial
number of small entities. Moreover, due to the nature of the Federal-
State relationship under the Clean Air Act, preparation of 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).
F. 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
annual 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 annual 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
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
G. Submission to Congress and the Comptroller General
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).
H. 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 October 18, 1999. 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.
Dated: July 30, 1999.
David P. 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)(231)(i)(B)(6), (c)(239)(i)(E)(5), (c)(244)(i)(A)(4), and
(c)(262)(i)(C) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(231) * * *
(i) * * *
(B) * * *
(6) Rule 410.4, adopted on June 26, 1979 and amended on March 7,
1996.
* * * * *
(239) * * *
(i) * * *
(E) * * *
(5) Rule 8-26, adopted on May 7, 1980 and amended on December 20,
1995.
* * * * *
(244) * * *
(i) * * *
(A) * * *
(4) Rule 434, adopted on December 18, 1996.
* * * * *
(262) * * *
(i) * * *
(C) South Coast Air Quality Management District.
(1) Rule 1107, adopted on June 1, 1979 and amended on August 14,
1998.
* * * * *
[FR Doc. 99-21160 Filed 8-18-99; 8:45 am]
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