[Federal Register Volume 64, Number 46 (Wednesday, March 10, 1999)]
[Rules and Regulations]
[Pages 11773-11775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5828]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 210-0133; FRL-6306-8]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Antelope Valley Air Pollution
Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is finalizing the approval of revisions to the California
State Implementation Plan (SIP) proposed in the Federal Register on
January 4, 1999, 64 FR 67. The revisions concern the recission of
administrative rules from the Antelope Valley Air Pollution Control
District (AVAPCD). These rules concern conduct and procedure governing
hearings by the governing board on permit appeals. The intended effect
of this approval action is to bring the AVAPCD SIP up to date in
accordance with the requirements of the Clean Air Act, as amended in
1990 (CAA or the Act). EPA is finalizing the approval of these
recissions from the AVAPCD portion of 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.
EFFECTIVE DATE: This action is effective on April 9, 1999.
ADDRESSES: Copies of the rule recissions 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
recissions 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.
Antelope Valley Air Pollution Control District, 43301 Division Street,
Suite 206, Lancaster, CA 93539-4409
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 AVAPCD portion of the California
SIP include: AVAPCD Regulation XII, Rules of Practice and Procedures,
consisting of: Rule 1201, Discretion to Hold Hearing; Rule 1202,
Notice; Rule 1203, Petitions; Rule 1204, Answers to Petitions; Rule
1205, Function of the Board; Rule 1206, Appearances; Rule 1207, Service
and Filing; Rule 1208, Rejection of Documents; Rule 1209, Form and
Size; Rule 1210, Copies; Rule 1211, Subpoenas Rule 1212, Continuances;
Rule 1213, Request for Continuances or Time Extensions; Rule 1214,
Transcript and Record; Rule 1215, Conduct of Hearing; Rule 1216,
Presiding Officer; Rule 1217, Disqualification of Hearing Officer or
Board Member; Rule 1218, Ex Parte Communications; Rule 1219, Evidence;
Rule 1220, Prepared Testimony; Rule 1221, Official Notice; Rule 1222,
Order of Proceedings; Rule 1223, Prehearing Conference; Rule 1224,
Opening Statements; Rule 1225, Conduct of Cross-Examination; Rule 1226,
Oral Argument Rule 1227, Briefs; Rule 1228, Motions; Rule 1229,
Decisions; and Rule 1230, Proposed Decision and Exceptions. These rule
recissions were adopted by the AVAPCD on October 21, 1997 and submitted
by the California Air Resources Board to EPA on May 18, 1998.
II. Background
On January 4, 1999 in 64 FR 67, EPA proposed to rescind the rules
listed above from the AVAPCD portion of the California SIP.
EPA has evaluated all of the above rule recissions for consistency
with the requirements of the CAA and EPA regulations and EPA
interpretation of these requirements as expressed in the various EPA
policy guidance documents referenced in the Proposed rule cited above.
EPA has found that the rule recissions meet the applicable EPA
requirements. A detailed discussion of the rule provisions and
evaluations has been provided in 64 FR 67 and in the technical support
document (TSD) available at EPA's Region IX office dated September 22,
1998.
III. Response to Public Comments:
A 30-day public comment period was provided in 64 FR 67. EPA
received no public comments.
IV. EPA Action
EPA is taking final action to approve the recission of the rules
listed above from the AVAPCD portion of the California SIP. EPA is
approving the submittal under section 110(k)(3) as meeting the
requirements of section 110(a) and Part D of the CAA. This approval
action will rescind these rules from the federally approved SIP. The
intended effect of this action is to bring the AVAPCD SIP up to date in
accordance with the requirements of the Clean Air Act, as amended in
1990 (CAA or the Act).
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, entitled
``Regulatory Planning and Review.''
B. Executive Order 12875
Under E.O. 12875, 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. If the mandate is unfunded, EPA must 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 written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, E.O. 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),
[[Page 11774]]
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 E.O. 13084, 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. This action does not involve
or impose any requirements that affect Indian Tribes. 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 General Accounting Office
The Congressional Review Act, 5 U.S.C. Sec. 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. Sec. 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 May 10, 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.
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: February 22, 1999.
Felicia Marcus,
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)(47)(i)(C),
(c)(65)(iii), and (c)(137)(vii)(D), and by revising paragraph (c)(65)
introductory text, to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(47) * * *
(i) * * *
(C) Previously approved on May 9, 1980 and now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control
[[Page 11775]]
District Rules 1201-1205, 1209-1211, 1214, 1217, 1220-1221, and 1223-
1224.
* * * * *
(65) The following amendments to the South Coast Air Basin Control
Plan were submitted on July 25, 1979, by the Governor's designee.
* * * * *
(iii) Previously approved on September 28, 1981 and now deleted
without replacement for implementation in the Antelope Valley Air
Pollution Control District Rules 1206, 1208, 1212, 1213, 1215, 1216,
1218, 1219, 1222, and 1225-1230.
* * * * *
(137) * * *
(vii) * * *
(D) Previously approved on February 1, 1984 and now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control District Rule 1207.
* * * * *
[FR Doc. 99-5828 Filed 3-9-99; 8:45 am]
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