[Federal Register Volume 64, Number 92 (Thursday, May 13, 1999)]
[Rules and Regulations]
[Pages 25828-25831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11999]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA012-0144a, FRL-6335-3]
Approval and Promulgation of Implementation Plan for South Coast
Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is taking direct final action to approve revisions to
a number of South Coast Air Quality Management District (District)
rules contained in the District Regulation II. The District submitted
these rules for the purpose of meeting the requirements of the Clean
Air Act (CAA), as amended in 1990 with regard to new source review
(NSR) in areas that have not attained the national ambient air quality
standards (NAAQS). This approval action will incorporate these rules
into the federally approved State Implementation Plan (SIP) for
California. The rules were submitted during 1991 and 1994 by the State
to satisfy certain Federal requirements for an approvable NSR SIP.
Thus, EPA is finalizing the approval of these rules into the California
SIP under provisions of the CAA regarding EPA action on SIPs for
national primary and secondary ambient air quality standards and plan
requirements for nonattainment areas.
DATES: This rule is effective on July 12, 1999 without further notice,
unless EPA receives adverse comments by June 14, 1999. If EPA receives
such comment, it will publish a timely withdrawal in the Federal
Register informing the public that this rule will not take effect.
ADDRESSES: Written comments should be addressed to: Nahid Zoueshtiagh
(Air-3), Air Division, U.S. Environmental Protection Agency, Region 9,
75 Hawthorne Street, San Francisco, CA 94105-3901.
Copies of the rules and EPA's evaluation report of each rule are
available for public inspection at EPA's Region 9 office during normal
business hours at the following address:
Permits Office (Air-3), Air Division, U.S. Environmental Protection
Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105. Copies
of the submitted rules are also available for inspection at the
following locations:
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 95814.
South Coast Air Quality Management District, 21865 E. Copley Drive,
Diamond Bar, CA 91765-4182.
FOR FURTHER INFORMATION CONTACT: Nahid Zoueshtiagh, (Air-3), Air
Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne
Street, San Francisco, CA 94105-3901, Telephone: (415) 744-1261.
SUPPLEMENTARY INFORMATION: The air quality planning requirements for
nonattainment NSR are set out in part
[[Page 25829]]
D of title I of the CAA. EPA has issued a ``General Preamble''
describing EPA's preliminary views on how EPA intends to review SIPs
and SIP revisions submitted under part D, including those State
submittals containing nonattainment NSR SIP requirements [see 57 FR
13498 (April 16, 1992) and 57 FR 18070 (April 28, 1992)]. Because EPA
is describing its interpretations here only in broad terms, the reader
should refer to the General Preamble for a more detailed discussion.
EPA has also proposed regulations to implement the changes under the
1990 Amendments in the NSR provisions in parts C and D of Title I of
the Act. [See 61 FR 38249 (July 23, 1996)]. Upon final promulgation of
those regulations, EPA will review those NSR SIP submittals on which it
has already taken final action to determine whether additional SIP
revisions are necessary.
Procedural Background
The CAA requires States to observe certain procedural requirements
in developing implementation plans and plan revisions for submission to
EPA. Section 110(a)(2) and section 110(l) of the Act provide that each
implementation plan or revision to an implementation plan submitted by
a State must be adopted after reasonable notice and public hearing.
Section 172(c)(7) of the Act provides that plan provisions for
nonattainment areas shall meet the applicable provisions of Section
110(a)(2).
The District held public hearings on its actions on these rules.
The dates for public hearing, adoption or rescission and submission to
EPA are as follows:
Rules 201, 203, 205, 209, 214, 215, 216 and 217 (revised): Public
hearing on December 1, 1989; adoption on January 5, 1990; and
submission to EPA on May 13, 1991.
Rule 201.1 (new): Public hearing December 1, 1989; adoption on
January 5, 1990; and submission to EPA on May 13, 1991.
Rules 204, 206 and 210 (revised): Public hearing and adoption on
October 8, 1993; and submission to EPA on February 28, 1994.
Rules 203.1, 203.2, 204.1, 213, 213.1, and 213.2 (rescinded):
Public hearing and rescission on June 28, 1990; and submission to EPA
on April 5, 1991.
Rule 211 (rescinded): Public hearing on December 1, 1989;
rescission on January 5, 1990; and submission to EPA on May 13, 1991.
Three of the rescinded rules ( Rules 203.1, 203.2, 204.1) were not
a part of the federally-approved SIP. Therefore EPA is not taking any
action on them.
Summary of Rule Contents
The District submitted the above rules to EPA for adoption into the
applicable NSR SIP Rules.
The rules subject to this action are in District Regulation II and
apply to all sources requiring Permits to Construct or Permits to
Operate. The rules describe applicability and procedures for applying
for a Permit to Construct or a Permit to Operate, and provide
procedures and timetables for issuance, denial and appeal of permits.
These rules are separate from the federal operating permit program
under Regulation XXX of the District. The revisions made to the rules
subject to this action are mainly to provide: (1) An administrative
change to reflect District's current organizational authority such as
replacing the term Air Pollution Control Officer (APCO) with the term
Executive Officer (EO) in Rules 201 and 217; (2) editorial
clarifications in Rules 203 and 209; (3) amendment and improvement of
the rule language in Rules 204, 206 and 210 to refer to the Title V
(federal operating permit program); (4) additional rule (Rule 201.1) to
enforce permit conditions contained in federally issued permits; and
(5) detailed procedures and timetables for permit issuance, denial and
appeals procedures in Rules 214, 215, and 216. For a description of how
these rules meet the CAA's applicable requirements, please refer to
EPA's technical support document (TSD) contained in the Docket.
EPA Evaluation and Action
EPA has evaluated amended Rules 201, 203, 204, 205, 206, 209, 210,
214, 215, 216, 217, and new Rule 201.1. EPA has determined that the
rules are consistent with the CAA, EPA regulations and EPA policy.
Therefore, District Rules 201, 201.1, 203, 204, 205, 206, 209, 210,
214, 215, 216 and 217 are approved into SIP.
Although initially part of the submittal, the District has
rescinded Rules 203.1, 203.2, 204.1, 211, 213, 213.1, and 213.2. The
EPA is not taking any action on Rules 203.1, 203.2 and 204.1 which were
not a part of the SIP. However, the EPA is approving deletion of Rules
211, 213, 213.1 and 213.2 from the SIP. The District has incorporated
the requirements of Rule 211 in its Rule 210. EPA has also determined
that the requirements of Rules 213, 213.1 and 213.2 are now in Rule 212
and Regulation XIII which the EPA approved them into the SIP in
December 1996. These rules which contain the requirements of the
rescinded rules were also subject to the District's public review
process.
The EPA is taking this action under section 110(k)(3) of the CAA
for these rules which meet the requirements of Section 110(a), and part
D of Title I of the Act.
Administrative Review
The EPA is publishing this action without prior proposal in part
because the District has provided public workshops in the development
of the submitted rules, and provided the opportunity for public comment
prior to adoption of the submitted rules. At that time, no significant
comments were received by the District. The Agency therefore views this
as a non-controversial amendment and anticipates no adverse comments.
However, in a separate document in this Federal Register publication,
EPA is proposing to approve the SIP revision should adverse or critical
comments be filed. This rule is effective on July 12, 1999 without
further notice, unless EPA receives adverse comments by June 14, 1999.
If EPA receives such comment, it will publish a timely withdrawal
Federal Register informing the public that this rule will not take
effect. All public comments received will then be addressed in a
subsequent final rule based on this action serving as a proposed rule.
EPA will not institute a second comment period on this action. Any
parties interested in commenting on this action should do so at this
time. If no such comments are received, the public is advised that this
action will be effective July 12, 1999.
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
[[Page 25830]]
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 is
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 12, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compound.
Note: Incorporation by reference of the State Implementation
Plan for the State of
[[Page 25831]]
California was approved by the Director of the Federal Register on
July 1, 1982.
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)(31)(vi)(D),
(c)(36)(i)(B), (c)(184)(i)(B)(7), and (c)(217)(i)(C) to read as
follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(31) * * *
(vi) * * *
(D) Previously approved on November 9, 1978 and now deleted without
replacement Rule 211.
* * * * *
(36) * * *
(i) * * *
(B) Previously approved on November 9, 1978 and now deleted without
replacement Rule 213, 213.1, and 213.2.
* * * * *
(184)* * *
(i) * * *
(B) * * *
(7) Rules 201, 203, 205, 209, 214 to 217 amended on January 5, 1990
and Rule 201.1 adopted on January 5, 1990. .
* * * * *
(217) * * *
(i)* * *
(C) South Coast Air Quality Management District.
(1) Rules 204, 206, and 210 amended on October 8, 1993.
* * * * *
[FR Doc. 99-11999 Filed 5-12-99; 8:45 am]
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