[Federal Register Volume 64, Number 215 (Monday, November 8, 1999)]
[Rules and Regulations]
[Pages 60687-60688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29075]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 034-0181; FRL-6470-6]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, South Coast Air Quality Management
District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is finalizing full approval of a revision to the
California State Implementation Plan (SIP) for the South Coast Air
Basin (SCAB) proposed in the Federal Register on April 12, 1999. This
final action will incorporate this rule into the federally approved
SIP. The intended effect of finalizing this action is to regulate
particulate matter (PM-10) emissions in accordance with the
requirements of the Clean Air Act, as amended in 1990 (CAA or the Act).
The revised rule regulates PM-10 emissions from open burning. Thus, EPA
is finalizing the approval under CAA provisions regarding EPA action on
SIP submittals and general rulemaking authority.
EFFECTIVE DATE: This action is effective on December 8, 1999.
ADDRESSES: Copies of the rules and EPA's evaluation report of the rules
are available for public inspection at EPA's Region IX office during
normal business hours. Copies of the submitted rules are also 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 94105-3901.
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.
South Coast Air Quality Management District, 21865 East Copley Drive,
Diamond Bar, CA 91765.
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 94105-3901 Telephone: (415) 744-
1135.
SUPPLEMENTARY INFORMATION:
I. Applicability
The rule being approved into the California SIP is the South Coast
Air Quality Management District (SCAQMD) Rule 208, Permit for Open
Burning (adopted on January 5, 1990). This rule was submitted by the
California Air Resources Board (CARB) to EPA on May 13, 1991.
II. Background
On April 12, 1999 at 64 FR 17589, EPA proposed granting full
approval of the following rule into the California SIP for the SCAB:
SCAQMD Rule 208, adopted on January 5, 1990 and submitted by the CARB
to EPA on May 13, 1991. This PM-10 rule was submitted by the State of
California in response to section 110(a) and part D of the CAA for
incorporation into the California SIP. A detailed discussion of the
background of the above rule and the nonattainment area in which it
applies is provided in the proposed rule cited above.
EPA has evaluated the above 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) and EPA's
interpretation of these requirements as expressed in various EPA policy
guidance documents referenced in the proposed rule. EPA is finalizing
the full approval of SCAQMD Rule 208, because it strengthens the SIP by
requiring that a written permit for any open outdoor fires be obtained
from the Executive Officer of the SCAQMD. EPA has determined that
SCAQMD Rule 208 meets the RACM requirements of part D of the CAA.
III. Response to Public Comments
A 30-day public comment period was provided in 64 FR 17589. EPA did
not receive any comment letters on SCAQMD Rule 208.
IV. EPA Action
EPA has evaluated submitted SCAQMD Rule 208, Permit for Open
Burning, and has determined that it is consistent with the CAA, EPA
regulations, and meets RACM requirements. EPA is finalizing full
approval of SCAQMD Rule 208 into the California SIP.
V. 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
[[Page 60688]]
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 January 7, 2000. 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, and 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.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 20, 1999.
Laura Yoshii,
Deputy 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 paragraph (c)(184)(i)(B)(8)
to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(184) * * *
(i) * * *
(B) * * *
(8) Rule 208, adopted on January 5, 1990.
* * * * *
[FR Doc. 99-29075 Filed 11-5-99; 8:45 am]
BILLING CODE 6560-50-P
