99-12157. Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Six California Air Pollution Control Districts  

  • [Federal Register Volume 64, Number 95 (Tuesday, May 18, 1999)]
    [Rules and Regulations]
    [Pages 26876-26880]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-12157]
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 52
    
    [CA 009-0137a; FRL-6337-8]
    
    
    Approval and Promulgation of Implementation Plans; California 
    State Implementation Plan Revision, Six California Air Pollution 
    Control Districts
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Direct final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: EPA is taking direct final action on revisions to the 
    California State Implementation Plan. The revisions concern rules from 
    the following: Kern County Air Pollution Control District (KCAPCD), 
    Lake County Air Quality Management District (LCAQMD), Modoc County Air 
    Pollution Control District (MCAPCD), Northern Sierra Air Quality 
    Management District (NSAQMD), San Joaquin Valley Unified Air Pollution 
    Control District (SJVUAPCD), and Ventura County Air Pollution Control 
    District (VCAPCD). The rules control particulate matter (PM) emissions 
    from open burning, orchard heaters, fuel burning equipment, or 
    processes identified by a weight rate throughput. This approval action 
    will incorporate these rules into the federally-approved SIP. The 
    intended effect of approving these rules is to regulate emissions of PM 
    in accordance with the requirements of the Clean Air Act, as amended in 
    1990 (CAA). Thus, EPA is finalizing the approval of these rules 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 attainment and 
    nonattainment areas.
    
    DATES: This rule is effective on July 19, 1999 without further notice, 
    unless EPA receives relevant adverse comments by June 17, 1999. If EPA 
    receives such comments, then it will publish a timely withdrawal in the 
    Federal Register informing the public that this rule will not take 
    effect.
    
    ADDRESSES: Comments must be submitted to Andrew Steckel at the Region 
    IX office listed below. Copies of the rules and EPA's evaluation report 
    for the rules 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
    California Air Resources Board, Stationary Source Division, Rule 
    Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812.
    Kern County Air Pollution Control District, 2700 ``M'' Street, Suite 
    290, Bakersfield, CA 93301.
    Lake County Air Quality Management District, 883 Lakeport Boulevard, 
    Lakeport, CA 95453.
    Modoc County Air Pollution Control District, 202 West 4th Street, 
    Alturas, CA 96101.
    Northern Sierra Air Quality Management District, 540 Searles Avenue, 
    Nevada City, CA 95959.
    San Joaquin Valley Unified Air Pollution Control District, 1990 East 
    Gettysburg Street, Fresno, CA 93726.
    Ventura County Air Pollution Control District, 702 County Square 
    Drive, Ventura, CA 93003.
    
    FOR FURTHER INFORMATION CONTACT: Al Petersen, Rulemaking Office, (AIR-
    4), Air Division, U.S. Environmental Protection Agency, Region IX, 75 
    Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1135.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Applicability
    
        The rules being approved into the California SIP are listed below 
    with the date they were adopted or amended by the Districts and the 
    date they were submitted to EPA by the California Air Resources Board: 
    KCAPCD Rule 409, Fuel Burning Equipment (as amended on May 7, 1998, 
    submitted June 23, 1998); LCAQMD Section (Rule) 248.5, Prescribed 
    Burning (Definition) (as adopted on December 6, 1988, submitted 
    February 7, 1989); LCAQMD Section (Rule) 270, Wildland Vegetation 
    Management Burning (Definition) (as adopted on December 6, 1988, 
    submitted February 7, 1989); LCAQMD Section (Rule) 640, (Permit 
    Exemptions) (as amended on July 15, 1997, submitted March 10, 1998); 
    LCAQMD Section (Rule) 1002, (Agencies Authorized to Issue Burn Permits) 
    (as amended on March 19, 1996, submitted May 18, 1998); Lake County 
    Section (Rule) 1010, (No-Burn Day)(as adopted on June 13, 1989, 
    submitted March 26, 1990); LCAQMD Section (Rule) 1350, Burning of 
    Standing Tule (as adopted on October 15, 1996, submitted March 10, 
    1998); MCAPCD Rule 4.11, Orchard Heaters (as adopted on January 3, 
    1989, submitted December 31, 1990); NSAQMD Rule 211, Process Weight per 
    Hour (as adopted on September 11, 1991, submitted October 28, 1996); 
    SJVUAPCD Rule 4301, Fuel Burning Equipment (as amended on December 17, 
    1992, submitted September 28,
    
    [[Page 26877]]
    
    1994); and VCAPCD Rule 56, Open Fires (as amended on March 29, 1994, 
    submitted May 24, 1994).
    
    II. Background
    
        On March 3, 1978, EPA promulgated a list of total suspended 
    particulate (TSP) nonattainment areas under the provisions of the 1977 
    Clean Air Act, that included the Ventura County (Southern Part) and the 
    San Joaquin Valley Air Basin (43 FR 8964; 40 CFR 81.305). On July 1, 
    1987 (52 FR 24672) EPA replaced the TSP standards with new PM standards 
    applying only to PM up to 10 microns in diameter (PM-10). 1 
    On November 15, 1990, amendments to the 1977 CAA were enacted (Pub. L. 
    101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q). On the date 
    of enactment of the 1990 CAA Amendments, PM-10 areas meeting the 
    qualifications of section 107(d)(4)(B) of the Act were designated 
    nonattainment by operation of law and classified as moderate or serious 
    pursuant to section 188(a). Nevada County, Plumas County, and Sierra 
    County (which now comprise NSAQMD), Lake County, Modoc County, and 
    Ventura County were not among the areas designated nonattainment. The 
    present KCAPCD includes an area never designated nonattainment for PM-
    10 and a part of Searles Valley, which was designated moderate 
    nonattainment for PM-10. On February 8, 1993, EPA classified four 
    nonattainment areas as serious nonattainment, including the San Joaquin 
    Valley Planning Area, which now comprises the SJVUAPCD.
    ---------------------------------------------------------------------------
    
        \1\ On July 18, 1997 EPA promulgated revised and new standards 
    for PM-10 and PM-2.5 (62 FR 38651). EPA has not yet established 
    specific plan and control requirements for the revised and new 
    standards. This action is part of California's efforts to achieve 
    compliance with the 1987 PM-10 standards.
    ---------------------------------------------------------------------------
    
        Section 189(a) of the CAA requires moderate and above PM-10 
    nonattainment areas to adopt reasonably available control measures 
    (RACM), including reasonably available control technology (RACT) for 
    stationary sources of PM-10. Section 189(b) of the CAA requires serious 
    nonattainment areas to adopt best available control measures (BACM) for 
    significant sources of PM-10, including best available control 
    technology (BACT). Therefore, KCAPCD and SJVUAPCD must meet RACM. 
    SJVUAPCD must also adopt BACM. However, EPA is deferring decision on 
    the specific BACM requirements until EPA acts on SJVUAPCD's BACM plan 
    at a later date.
        In response to section 110(a) and Part D of the Act, the State of 
    California submitted many PM-10 rules for incorporation into the 
    California SIP, including the rules being acted on in this document. 
    This document addresses EPA's direct-final action for the following:
        KCAPCD Rule 409, Fuel Burning Equipment, was amended May 7, 1998, 
    submitted by the State of California for incorporation into the SIP on 
    June 23, 1998, and found to be complete on August 24, 1998, pursuant to 
    EPA's completeness criteria that are set forth in 40 CFR Part 51 
    Appendix V 2 and is being finalized for approval into the 
    SIP.
    ---------------------------------------------------------------------------
    
        \2\ 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).
    ---------------------------------------------------------------------------
    
        LCAQMD Sections (Rules) 248.5, 270, 640, 1010, and 1350 were 
    adopted December 6, 1988, December 6, 1988, July 15, 1997, June 13, 
    1989, and October 15, 1996, respectively; submitted by the State of 
    California for incorporation into the SIP on February 7, 1989, February 
    7, 1989, March 10, 1998, March 26, 1990, and March 10, 1998, 
    respectively; and found to be complete on May 5, 1989, May 5, 1989, May 
    21, 1998, June 20, 1990, and May 21, 1998, respectively.
        LCAQMD Section (Rule) 1002 was amended March 19, 1996, submitted 
    May 18, 1998, and found to be complete July 17, 1998.
        MCAPCD Rule 4.11, Orchard Heaters, was adopted January 3, 1989, 
    submitted by the State of California for incorporation into the SIP on 
    December 31, 1990, and found to be complete on February 28, 1991.
        NSAQMD Rule 211, Process Weight per Hour, was adopted September 11, 
    1991, submitted by the State on October 28, 1996, and found to be 
    complete on December 19, 1996.
        SJVUAPCD Rule 4301, Fuel Burning Equipment, was amended December 
    17, 1992, submitted by the State of California for incorporation into 
    the SIP on September 28, 1994, and found to be complete on October 21, 
    1994.
        VCAPCD Rule 56, Open Fires was amended March 29, 1994, submitted by 
    the State of California for incorporation into the SIP on May 24, 1994, 
    and found to be complete on July 14, 1994.
        PM emissions can harm human health and the environment. These rules 
    were adopted as part of KCAPCD, LCAQMD, MCAPCD, NSAQMD, SJVUAPCD, and 
    VCAPCD efforts to maintain the National Ambient Air Quality Standard 
    (NAAQS) for TSP/PM-10. The following is EPA's evaluation and final 
    action for these rules.
    
    III. EPA Evaluation and Action
    
        In determining the approvability of a PM-10 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). EPA must also ensure that rules are enforceable 
    and strengthen or maintain the SIP's control strategy.
        The statutory provisions relating to RACM/RACT and BACM/BACT are 
    discussed in EPA's ``General Preamble'', which give the Agency's 
    preliminary views on how EPA intends to act on SIPs submitted under 
    Title I of the CAA. See 57 FR 13498 (April 16, 1992), 57 FR 18070 
    (April 28, 1992) and 59 FR 41998 (August 16, 1994). In this rulemaking 
    action, EPA is applying these policies to this submittal, taking into 
    consideration the specific factual issues presented.
        EPA previously reviewed rules from KCAPCD, LCAQMD, MCAPCD, NSAQMD, 
    SJVUAPCD, and VCAPCD and incorporated them into the federally-approved 
    SIP pursuant to section 110(k)(3) of the CAA.
        On September 22, 1972 and May 3, 1984, respectively, EPA approved 
    into the SIP versions of KCAPCD Rule 407.2, Fuel Burning Equipment--
    Combustion Contaminants, and Rule 409, Fuel Burning Equipment--Desert 
    Basin. Submitted Rule 409, Fuel Burning Equipment, combines these two 
    rules and is equally as stringent. This rule regulates particulate and 
    other emissions from fuel burning equipment. EPA has determined that 
    submitted Rule 409 meets the requirements of RACM.
        On May 18, 1981, EPA approved into the Nevada County (now part of 
    the unified NSAQMD) SIP Rule 211, Process Weight per Hour, the general 
    prohibition plus exceptions in paragraphs A.6 and A.7, while 
    disapproving the exceptions in paragraphs A.1 through A.5. Paragraphs 
    A.1 through A.5 exceptions give specific emission limits to the 
    following:
         Portland Cement Kilns--0.30 pounds per ton dry feed.
         Portland Cement Clinker Coolers--0.10 pounds per ton dry 
    feed.
         Sewage Sludge Incinerators--1.30 pounds per ton dry sludge 
    input.
         Rotary Lime Kilns--0.30 pounds per ton limestone feed.
         Lime Hydrators--0.15 pounds per ton lime feed.
        There is currently no version of NSAQMD Rule 211 in Plumas County 
    or Sierra County in the SIP. Submitted NSAQMD Rule 211, Process Weight 
    per
    
    [[Page 26878]]
    
    Hour, which contains the general prohibition plus paragraphs A.1 
    through A.6., replaces the Nevada County SIP-approved rule. The 
    previously disapproved paragraphs A.1 through A.5 are being approved in 
    this action, because this is an attainment area and all of the 
    exceptions are at least as stringent as New Source Performance 
    Standards, and EPA concludes that they will not interfere with 
    attainment or any other provision of the CAA.
        There is currently no version of LCAQMD Section (Rule) 248.5, 
    Prescribed Burning (Definition), and LCAQMD Section (Rule) 270, 
    Wildland Vegetation Management Burning (Definition), in the SIP. 
    Section (Rule) 248.5 defines Prescribed Burning. Section (Rule) 270 
    defines Wildland Vegetation Management Burning.
        There is currently no version of LCAQMD Section (Rule) 640, (Permit 
    Exemptions) in the SIP. This is a new rule (a previous version was not 
    SIP-approved) that exempts certain types of burning from the 
    requirement to obtain a burn permit.
        On August 4, 1978, EPA approved into the SIP a version of LCAQMD 
    Section (Rule) 1002, (Agencies Authorized to Issue Permits). Submitted 
    Section (Rule) 1002, replaces the SIP-approved rule and includes the 
    following significant changes from the current SIP:
         U.S. Forest Service is deleted as an agency authorized to 
    issue burn permits.
         The specific California Division of Forestry and local 
    fire protection districts are listed by name.
        There is currently no version of LCAQMD Section (Rule) 1010, (No-
    Burn Day) in the SIP. This is a new rule that states that the Air 
    Pollution Control Officer shall designate and provide notice of No-Burn 
    Days, in order to protect ambient air quality.
        There is currently no version of LCAQMD Section (Rule) 1350, 
    Burning of Standing Tule, in the SIP. This is a new rule that regulates 
    the burning of standing tule and requires a burn permit.
        There is currently no version of MCAPCD Rule 4.11, Orchard Heaters, 
    in the SIP. The submitted rule includes the following provisions:
         Restricts the use of orchard heaters to those approved by 
    the California Air Resources Board.
         Limits the emissions to not more than one gram per minute 
    of unconsumed solid carbonaceous material.
        On various dates, EPA approved into the SIP versions of Fuel 
    Burning Equipment rules for the eight counties that now comprise the 
    SJVUAPCD. Submitted Rule 4301, Fuel Burning Equipment, replaces these 
    rules and includes no significant changes from the SIP versions from 
    the eight counties. Rule 4301 is equally as stringent as similar rules 
    in other districts. EPA has determined that submitted Rule 4301 meets 
    the requirements of RACM.
        On August 6, 1990, EPA approved into the SIP a version of VCAPCD 
    Rule 56, Open Fires. Submitted VCAPCD Rule 56, Open Fires, replaces 
    this rule and includes the following significant changes from the 
    current SIP:
         Burning is prohibited on Ban Days, which have been 
    redefined as days when the ambient ozone concentration is or is 
    predicted to exceed the California ozone standard of 0.09 ppm by 
    volume.
         Persons who burn agricultural waste are now required to 
    notify the District both before and after burning occurs.
        EPA has evaluated the submitted rules and has determined that they 
    are consistent with the CAA, EPA regulations, and EPA policy. 
    Therefore, the following rules are being approved under section 
    110(k)(3) of the CAA as meeting the requirements of section 110(a) and 
    part D:
         KCAPCD Rule 409, Fuel Burning Equipment (submitted June 
    23, 1998).
         LCAQMD Section (Rule) 248.5, Prescribed Burning 
    (Definition) (submitted February 7, 1989).
         LCAQMD Section (Rule) 270, Wildland Vegetation Management 
    Burning (Definition) (submitted February 7, 1989).
         LCAQMD Section (Rule) 640, (Permit Exemptions) (submitted 
    March 10, 1998).
         LCAQMD Section (Rule) 1002, (Agencies Authorized to Issue 
    Permits) (submitted May 18, 1998).
         LCAQMD Section (Rule) 1010, (No-Burn Day) (submitted March 
    26, 1990).
         LCAQMD Section (Rule) 1350, Burning of Standing Tule 
    (submitted March 10, 1998).
         MCAPCD Rule 4.11, Orchard Heaters (submitted December 31, 
    1990).
         NSAQMD Rule 211, Process Weight per Hour (submitted 
    October 28, 1996).
         SJVUAPCD Rule 4301, Fuel Burning Equipment (submitted 
    September 28, 1994).
         VCAPCD Rule 56, Open Fires (submitted May 24, 1994).
        A more detailed evaluation can be found in EPA's evaluation reports 
    for these rules.
        EPA is publishing this rule 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 
    relevant adverse comments be filed. This rule will be effective July 
    19, 1999 without further notice unless the Agency receives relevant 
    adverse comments by June 17, 1999.
        If the EPA receives such comments, then EPA will publish a timely 
    withdrawal 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 on this rule. 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 will be effective on July 19, 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
    
    [[Page 26879]]
    
    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 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 July 19, 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, Incorporation by 
    reference, Intergovernmental relations, Reporting and recordkeeping 
    requirements, Particulate matter.
    
        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: April 9, 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)(177)(i)(F),
    
    [[Page 26880]]
    
    (179)(i)(F), (182)(i)(F)(2), (197)(i)(D)(2), (199)(i)(D)(4), 
    (246)(i)(A)(2), (254)(i)(J), (255)(i)(D), and (256)(i)(C)(2) to read as 
    follows:
    
    
    Sec. 52.220  Identification of plan.
    
    * * * * *
        (c) * * *
        (177) * * *
        (i) * * *
        (F) Lake County Air Quality Management District.
        (1) Rules 248.5 and 270, adopted on December 6, 1988.
    * * * * *
        (179) * * *
        (i) * * *
        (F) Lake County Air Quality Management District.
        (1) Rule 1010, adopted on June 13, 1989.
    * * * * *
        (182) * * *
        (i) * * *
        (F) * * *
        (2) Rule 4.11, adopted on January 3, 1989.
    * * * * *
        (197) * * *
        (i) * * *
        (D) * * *
        (2) Rule 56, adopted on October 22, 1968, as amended on March 29, 
    1994.
    * * * * *
        (199) * * *
        (i) * * *
        (D) * * *
        (4) Rule 4301, adopted on May 21, 1992, as amended on December 17, 
    1992.
    * * * * *
        (246) * * *
        (i) * * *
        (A) * * *
        (2) Rule 211, adopted on September 11, 1991.
    * * * * *
        (254) * * *
        (i) * * *
        (J) Lake County Air Quality Management District.
        (1) Rule 640, as amended on July 15, 1997; and Rule 1350, adopted 
    on October 15, 1996.
    * * * * *
        (255) * * *
        (i) * * *
        (D) Lake County Air Quality Management District.
        (1) Rule 1002, as amended on March 19, 1996.
    * * * * *
        (256) * * *
        (i) * * *
        (C) * * *
        (2) Rule 409, adopted on April 18, 1972, as amended on May 7, 1998.
    * * * * *
    [FR Doc. 99-12157 Filed 5-17-99; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
7/19/1999
Published:
05/18/1999
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
99-12157
Dates:
This rule is effective on July 19, 1999 without further notice, unless EPA receives relevant adverse comments by June 17, 1999. If EPA receives such comments, then it will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect.
Pages:
26876-26880 (5 pages)
Docket Numbers:
CA 009-0137a, FRL-6337-8
PDF File:
99-12157.pdf
CFR: (1)
40 CFR 52.220