[Federal Register Volume 64, Number 245 (Wednesday, December 22, 1999)]
[Rules and Regulations]
[Pages 71660-71663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32642]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 038-0193a; FRL-6510-7]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, 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 rule
rescissions from the South Coast Air Quality Management District
(SCAQMD). This approval action will rescind these rules from the
federally approved SIP. The intended effect of approving these rule
rescissions is to update and clarify the State Implementation Plan in
accordance with the requirements of the Clean Air Act, as amended in
1990 (CAA or the Act). The rule rescissions consist of obsolete rules
that have been superseded or removed from the SCAQMD's regulations. EPA
is finalizing the approval of these rule rescissions from 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 February 22, 2000 without further
notice, unless EPA receives adverse comments by January 21, 2000. If
EPA receives such comment, it will publish a timely withdrawal Federal
Register informing the public that this rule will not take effect.
ADDRESSES: Written comments must be submitted to Andrew Steckel, Chief,
Rulemaking Office at the Region IX office listed below. Copies of the
rule rescissions 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 rescissions 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, DC 20460
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812
South Coast Air Quality Management District, 21865 E. Copley Drive,
Diamond Bar, CA 91765-4182
FOR FURTHER INFORMATION CONTACT: Julie A. Rose, Rulemaking Office, AIR-
4, Air Division, U.S. Environmental Protection Agency, Region IX, 75
Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1184.
SUPPLEMENTARY INFORMATION:
I. Applicability
The rules being rescinded from the California SIP are listed below.
The rescissions were submitted by the California Air Resources Board to
EPA on the dates listed under each grouping.
South Coast Air Quality Management District (AQMD)
Rule 107, Determination of Volatile Organic Compounds in Organic
Materials, Rescission Adopted: 3-9-92, Submitted to EPA: 9-14-92
Rule 1231, Judicial Review, Rescission Adopted: 2-2-79, Submitted to
EPA: 7-25-79
Rule 1311, Power Plants, Rescission Adopted: 6-28-90 Submitted to EPA:
1-28-92
Los Angeles County Air Pollution Control District (APCD)
Rule 51, Nuisance, Rescission Adopted: 5-7-76, Submitted to EPA: 8-2-76
Orange County APCD
Rule 51, Nuisance,
Rule 67.1, Fuel Burning Equipment,
[[Page 71661]]
Rule 68, Fuel Burning Equipment--Oxides of Nitrogen.
Rescissions Adopted: 5-7-76
Submitted to EPA: 8-2-76
Riverside County APCD
Rule 51, Nuisance
Rescission Adopted: 5-7-76
Submitted to EPA: 8-2-76
II. Background
On March 3, 1978, EPA promulgated a list of ozone and total
suspended particulate (TSP) nonattainment areas under the provisions of
the Clean Air Act, as amended in 1977 (1977 Act or pre-amended Act),
that included the South Coast Air Basin. 43 FR 8964, 40 CFR 81.305.
On July 1, 1987 at 52 FR 24672, EPA replaced the TSP standards with
new Particulate Matter (PM) standards applying only to PM up to 10
microns in diameter (PM-10).1
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\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 SCAQMD's efforts to achieve
compliance with the 1987 PM-10 standards.
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On May 26, 1988, EPA notified the Governor of California, pursuant
to section 110(a)(2)(H) of the 1977 Act, that the South Coast Air Basin
portion of the California SIP was 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. South Coast Air Basin is classified
as extreme non-attainment for ozone.
On November 15, 1990, PM-10 areas meeting the qualifications of
section 107(d)(4)(B) of the Act were designated non-attainment by
operation of law and classified as moderate pursuant to section 188(a).
The South Coast Air Basin was among the areas designated non-
attainment. On February 8, 1993, EPA re-classified the South Coast Air
Basin from moderate non-attainment to serious non-attainment for PM-10.
(See 58 FR 3334--January 1, 1993).
This Federal Register action for SCAQMD excludes the Los Angeles
County portion of the Southeast Desert AQMA, otherwise known as the
Antelope Valley Region in Los Angeles County, which is now under the
jurisdiction of the Antelope Valley Air Pollution Control District as
of July 1, 1997.
The State of California submitted the rule rescissions listed above
to update the federally enforceable SIP for the SCAQMD. In addition,
some of these rescissions are necessary to remove obsolete rules from
the original districts that made up the South Coast Air Basin: Los
Angeles County Air Pollution Control District (APCD), Orange County
APCD, and Riverside County APCD.2 The rescissions were
adopted and submitted on the dates listed above.
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\2\ On July 16, 1975, the Los Angeles County APCD, Orange County
APCD, Riverside County APCD, and San Bernardino County APCD were
unified into the Southern California APCD. On February 1, 1977, the
Southern California APCD became the South Coast Air Quality
Management District.
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These rules were originally adopted as part of individual
districts' efforts to achieve the National Ambient Air Quality Standard
(NAAQS) for ozone and particulate matter. The following is EPA's
evaluation and final action for this rule.
III. EPA Evaluation and Action
In determining whether to approve removing each rescinded rule from
the SIP, EPA must evaluate the recissions 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 this
action, appears in various EPA policy guidance documents. In general
the rules which SCAQMD has rescinded are not appropriate for the SIP
because they do not control criteria pollutants or have been superseded
by other SIP-approved rules.
EPA has evaluated the rule recissions and has determined that
recission is consistent with the CAA, EPA regulations, and EPA policy.
Therefore, all of the rule recissions listed in section I,
Applicability are being approved under section 110(k)(3) of the CAA as
meeting the requirements of section 110(a) and part D.
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
adverse comments be filed. This rule will be effective February 22,
2000 without further notice unless the Agency receives adverse comments
by January 21, 2000.
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 February 22, 2000 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 12866, entitled ``Regulatory
Planning and Review.''
B. Executive Order 13132
Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612, Federalism and 12875, Enhancing the
Intergovernmental Partnership. Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that 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.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law unless the
Agency consults with State and local officials early in the process of
developing the proposed regulation.
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
[[Page 71662]]
federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act. Thus, the requirements of section 6 of the Executive Order 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
Executive Order 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 Executive Order 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 affects 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. If the mandate is unfunded,
EPA must 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 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 Executive
Order 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This rule is not a ``major'' rule as defined by 5 U.S.C.
804(2).
H. National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS.
I. 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 February 22, 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).)
[[Page 71663]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Oxides of
Nitrogen, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: December 7, 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)(6)(xvii) to
(6)(xviv), (47)(i)(D), (68)(ii), and (121)(i)(D) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(6) * * *
(xvii) Los Angeles County Air Pollution Control District.
(A)Previously approved on September 22, 1972 and now deleted
without replacement Rule 51.
(xviii) Orange County Air Pollution Control District.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 51, 67.1 and 68.
(xviv) Riverside County Air Pollution Control District.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rule 51.
* * * * *
(47) * * *
(i) * * *
(D) Previously approved on May 9, 1980 and now deleted without
replacement for implementation in the South Coast Air Quality
Management District, Rule 1231. (JR)
* * * * *
(68) * * *
(ii) Previously approved on January 21, 1981 and now deleted
without replacement Rule 1311.
* * * * *
(121) * * *
(i) * * *
(D) Previously approved on October 11, 1983 and now deleted without
replacement Rule 107.
* * * * *
[FR Doc. 99-32642 Filed 12-21-99; 8:45 am]
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