96-15905. Approval and Promulgation of Implementation Plans; California Mammoth Lakes Nonattainment Area; PMINF10  

  • [Federal Register Volume 61, Number 122 (Monday, June 24, 1996)]
    [Rules and Regulations]
    [Pages 32341-32345]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-15905]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Part 52
    
    [CA-19-2-725-a; FRL-5511-4]
    
    
    Approval and Promulgation of Implementation Plans; California--
    Mammoth Lakes Nonattainment Area; PM10
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Direct final rule.
    
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    SUMMARY: EPA today approves the State Implementation Plan (SIP) 
    submitted by the State of California for the purpose of bringing about 
    attainment in the Mammoth Lakes Planning Area (MLPA) of the national 
    ambient air quality standards (NAAQS) for particulate matter with an 
    aerodynamic diameter less than or equal to a nominal 10 micrometers 
    (PM10). The ``moderate'' area SIP was submitted by the State to 
    satisfy certain Federal requirements in the Clean Air Act for an 
    approvable nonattainment area PM10 plan for the MLPA.
        The intended effect of approving this plan is to regulate emissions 
    of PM10 in accordance with the requirements of the CAA, as amended 
    in 1990.
    
    DATES: This final rule is effective on August 23, 1996 unless adverse 
    or critical comments are received by July 24, 1996. If the effective 
    date is delayed, timely notice will be published in the Federal 
    Register.
    
    ADDRESSES: Copies of the State's submittal and other information are 
    contained in the docket for this rulemaking. The docket is available 
    for inspection during normal business hours at the following locations:
    U. S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, 
    San Francisco, CA 94105
    California Air Resources Board, 2020 L Street, P.O. Box 2815, 
    Sacramento, CA 95814
    Great Basin Unified Air Pollution Control District, 157 Short Street, 
    Suite 6, Bishop, CA 93514.
    
    FOR FURTHER INFORMATION CONTACT: Stephanie G. Valentine (A-2-2), U. S. 
    Environmental Protection Agency, Region 9, Air and Toxics Division, 75 
    Hawthorne Street, San Francisco, CA 94105, (415) 744-1178.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        On the date of enactment of the 1990 Clean Air Act Amendments, 
    PM10 areas, including the Mammoth Lakes Planning Area, meeting the 
    conditions of section 107(d) of the Act were designated nonattainment 
    by operation of law. Once an area is designated nonattainment, section 
    188 of the Act outlines the process for classification of the area and 
    establishes the area's attainment date. In accordance with section 
    188(a), at the time of designation, all PM10 nonattainment areas 
    were initially classified as ``moderate'' by operation of law. See 40 
    CFR 81.303 (1993) A moderate area may subsequently be reclassified as 
    ``serious'' if at any time EPA determines that the area cannot 
    practicably attain the PM10 NAAQS by the applicable attainment 
    date for moderate areas, December 31, 1994. Moreover, a moderate area 
    must be reclassified if EPA determines within six months after the 
    applicable attainment date that the area is not in attainment after 
    that date. See section 188(b) of the Clean Air Act.
        The air quality planning requirements for moderate PM10 
    nonattainment areas are set out in subparts 1 and 4 of Title I of the 
    Act. EPA has issued a ``General Preamble'' describing EPA's preliminary 
    views on how the Agency intends to review SIPs and SIP revisions 
    submitted under Title I of the Act, including those state submittals 
    containing moderate PM10 nonattainment area SIP provisions. See 
    generally 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 of the interpretations of Title I advanced in 
    today's action and the supporting rationale. In today's rulemaking 
    action on California's moderate PM10 SIP for the MLPA, EPA is 
    applying its interpretations taking into consideration the specific 
    factual issues presented.
        Those states containing initial moderate PM10 nonattainment 
    areas were required to submit, among other things, the following 
    provisions by November 15, 1991\1\:
    ---------------------------------------------------------------------------
    
        \1\ There are additional submittals associated with moderate 
    PM10 nonattainment plans, such as a permit program for the 
    construction of new and modified major stationary sources and 
    contingency measures. See sections 189(a) and 172(c)(9). These 
    submittals were required to be submitted in 1992 and 1993, 
    respectively, and are not the subject of today's action which 
    addresses only those plan provisions required to be submitted on 
    November 15, 1991.
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        1. Provisions to assure that reasonably available control measures 
    (RACM) (including such reductions in emissions from existing sources in 
    the area as may be obtained through the adoption, at a minimum, of 
    reasonably available control technology--RACT) shall be implemented no 
    later than December 10, 1993;
        2. Either a demonstration (including air quality modeling) that the 
    plan will provide for attainment as expeditiously
    
    [[Page 32342]]
    
    as practicable but no later than December 31, 1994 or a demonstration 
    that attainment by that date is impracticable;
        3. Pursuant to section 189(c) of the Act, for plan revisions 
    demonstrating attainment, quantitative milestones which are to be 
    achieved every 3 years and which demonstrate reasonable further 
    progress (RFP) toward attainment by December 31, 1994; and
        4. Provisions to assure that the control requirements applicable to 
    major stationary sources of PM10 also apply to major stationary 
    sources of PM10 precursors except where the Administrator 
    determines that such sources do not contribute significantly to 
    PM10 levels which exceed the NAAQS in the area. See sections 
    172(c), 188, and 189 of the Act.
    
    II. Today's Action
    
        Section 110(k) of the Act sets out provisions governing EPA's 
    review of SIP submittals. See 57 FR 13565-66. In today's action, EPA 
    approves the plan revision submitted to EPA on September 11, 1991, and 
    the addenda submitted January 9, 1992, for the MLPA because it meets 
    all of the applicable requirements of the Act.
    
    A. Analysis of State Submission
    
    1. Procedural Background
        The Act requires states to observe certain procedural requirements 
    in developing implementation plans and plan revisions for submission to 
    EPA. Section 110(a)(2) of the Act provides that each implementation 
    plan submitted by a state must be adopted after reasonable notice and 
    public hearing.\2\ Section 110(l) of the Act similarly provides that 
    each revision to an implementation plan submitted by a state under the 
    Act must be adopted by such state after reasonable notice and public 
    hearing.
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        \2\ Also section 172(c)(7) of the Act requires that plan 
    provisions for nonattainment areas meet the applicable provisions of 
    section 110(a)(2).
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        The EPA also must determine whether a submittal is complete and 
    therefore warrants further EPA review and action. See section 110(k)(1) 
    and 57 FR 13565. EPA's completeness criteria for SIP submittals are set 
    out at 40 CFR Part 51, Appendix V (1993). EPA attempts to make 
    completeness determinations within 60 days of receiving a submission. 
    However, a submittal is deemed complete by operation of law if a 
    completeness determination is not made by EPA six months after receipt 
    of the submission.
        The State of California originally submitted the Mammoth Lakes 
    Planning Area PM10 implementation plan revision to EPA on 
    September 11, 1991. By operation of law, this submittal was deemed 
    complete on March 11, 1992. On January 9, 1992, the State of California 
    submitted a second revision to the Mammoth Lakes Planning Area 
    PM10 SIP. This submittal contained revisions which are primarily 
    administrative in nature to assist in the effective implementation of 
    the SIP control strategies. By operation of law, this second submittal 
    was deemed complete on July 9, 1992.
        In today's action, EPA approves California's PM10 SIP 
    submittal for the MLPA.
    2. Accurate Emissions Inventory
        Section 172(c)(3) of the Act requires that nonattainment plan 
    provisions include a comprehensive, accurate, current inventory of 
    actual emissions from all sources of relevant pollutants in the 
    nonattainment area. Because such inventories are necessary to an area's 
    attainment demonstration (or demonstration that the area cannot 
    practicably attain), the emissions inventories must be received with 
    the submission. See 57 FR 13539.
        California submitted a peak 24-hour PM10 emissions inventory 
    for the MLPA which is based on a 1987-88 emissions inventory survey. 
    This 1987-88 inventory identifies re-entrained dust and cinders from 
    paved roads and emissions from fireplaces and wood stoves as the 
    primary causes of nonattainment, contributing over 99 percent of total 
    PM10 emissions during times of peak concentrations. The remaining 
    1 percent of the emissions is comprised of motor vehicle exhaust, tire-
    wear, and industrial sources. By applying known population growth 
    factors to the 1987-88 inventory, the Great Basin Unified APCD also 
    projected 1990, 1991, 1993, 1995, 2000, and 2005 inventories. The chart 
    below identifies 1987-88 contributions to the emission inventory.
    
    ------------------------------------------------------------------------
                                                        Peak 24-            
                                                       hour PM10            
                     Source category                   emissions  Percentage
                                                        (kg/day)            
    ------------------------------------------------------------------------
    Fireplaces.......................................        882        20.7
    Woodstoves.......................................        957        22.5
    Resuspended Road Dirt/Cinders....................      2,390        56.1
    Motor Vehicles...................................         23         0.5
    Industrial.......................................          7         0.2
                                                      ----------------------
          Total......................................      4,259         100
    ------------------------------------------------------------------------
    
        EPA approves the emissions inventory because it generally appears 
    to be accurate and comprehensive, and provides a sufficient basis for 
    determining the adequacy of the plan revision's air quality analysis 
    consistent with the requirements of sections 172(c)(3) and 110(a)(2)(K) 
    of the Clean Air Act.\3\ For further details see the Technical Support 
    Document (TSD) that is contained in the docket for today's action.
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        \3\ EPA issued guidance on PM10 emissions inventories prior 
    to the enactment of the 1990 Clean Air Act Amendments in the form of 
    the 1987 PM10 SIP Development Guideline. Pursuant to section 
    193 of the Amendments, the guidance provided in this document, as 
    well as all other pre-Amendment guidance cited in this notice, 
    remains in effect.
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    3. RACM
        As noted, the initial moderate PM10 nonattainment areas must 
    submit provisions to assure that RACM (including RACT) are implemented 
    no later than December 10, 1993. See sections 172(c)(1) and 
    189(a)(1)(C). EPA's General Preamble for the Implementation of Title I 
    of the Clean Air Act Amendments contains a detailed discussion of EPA's 
    interpretation of the RACM (including RACT) requirement. See 57 FR 
    13540-45 and 13560-61.
        As stated in EPA's General Preamble, the suggested starting point 
    for determining RACM for a particular area is to list all of the RACM 
    measures for which EPA has issued guidance under section 190 of the 
    Act. If a state receives substantive public comment demonstrating that 
    additional measures may be reasonably available, those measures should 
    then be added to the original list.
        As noted in the Emissions Inventory section of this document, 99 
    percent of the PM10 nonattainment problem in the MLPA comes from 
    resuspended road dust/cinders and fireplaces/woodstoves. The remaining 
    one percent comes from motor vehicles and industrial sources. Given 
    this emissions inventory with limited contributions from a number of 
    source categories, a list of control measures was developed by the 
    Great Basin Unified Air Pollution Control District for consideration in 
    a draft SIP revision. Through the public hearing process, the list was 
    refined to form a final control strategy that provides for attainment 
    by the Clean Air Act deadline of December 31, 1994.
        Where sources of PM10 do not contribute significantly to the 
    PM10 problem in an area, EPA's policy is that a state is not 
    reasonably required to implement potentially available control measures 
    for such sources (57 FR 13543). Based upon the MLPA emissions inventory 
    which is dominated by wood burning and road
    
    [[Page 32343]]
    
    dust and cinders, and the fact that the area is able to demonstrate 
    attainment of the PM10 NAAQS by the CAA deadline, EPA believes 
    that the State has provided a reasoned justification for eliminating 
    measures from its initial list of possible RACM. The remaining measures 
    are legally enforceable. Therefore, EPA has concluded that the 
    regulations adopted for the State's moderate area PM10 SIP 
    revision represent RACM as required by sections 189(a)(1)(C) and 172(c) 
    of the Act.
    4. Control Strategy
        The control strategy was developed by the GBUAPCD and the Town of 
    Mammoth Lakes. The final control strategy relies upon the 
    implementation of nine measures which were adopted as a Town Ordinance 
    on November 7, 1990, and added into the Mammoth Lakes Municipal Code as 
    Chapter 8.30, Particulate Emissions Regulations. These regulations were 
    subsequently adopted by the Great Basin Unified APCD as Rule 431--
    Particulate Emissions--Town of Mammoth on November 6, 1991. The 
    regulations will reduce emissions from re-entrained road cinders, will 
    phase out non-certified wood burning appliances, and will institute 
    wood burning curtailments during periods of high PM10 
    concentrations. The measures adopted by the Mammoth Lakes Town Council 
    and subsequently adopted as Great Basin Unified APCD Rule 431 to 
    control PM10 emissions are summarized in the following table.
    
    ------------------------------------------------------------------------
                 Control measures                      Source category      
    ------------------------------------------------------------------------
    (1) Vacuum Street Sweeper for Cinders and   Road Dust/Cinders.          
     Road Dust.                                                             
    (1) Reduce Vehicle Traffic................  Road Dust/Cinders.          
    (1) Institute Public Awareness Program for  Wood Stoves/Fireplaces.     
     Wood Burning.                                                          
    (1) Replace or Remove Non-certified Wood    Wood Stoves/Fireplaces.     
     Stoves Upon Resale.                                                    
    (2) Limit Installation of Woodstoves......                              
    (1) Ban Fireplaces in New Dwellings.......  Wood Stoves/Fireplaces.     
    (2) Require Transient Occupancy Units to                                
     Phase Out Fireplaces.                                                  
    (3) Require Fireplace Phase Out Upon                                    
     Resale of Home.                                                        
    ((1) Require Certification for Wood Stove   Wood Stoves/Fireplaces.     
     Installers.                                                            
    (2) Require 20% Wood Moisture Limit for                                 
     Wood Retailers.                                                        
    (3) Prohibit Trash and Coal Burning in                                  
     Wood Stoves.                                                           
    (4) Set 20% Opacity Limit for Wood Burning                              
    (1) Voluntary Wood Burning Ban During       Wood Stoves/Fireplaces.     
     Periods of Poor Air Quality.                                           
    (2) Mandatory Wood Burning Ban when NAAQS                               
     Violation Expected.                                                    
    ------------------------------------------------------------------------
    
        The regulations' primary measures will result in the eventual 
    phasing out of all non-EPA-certified wood stoves and wood burning 
    fireplaces. This will be accomplished by replacing non-certified 
    appliances with certified wood stoves, pellet stoves, or gas log 
    fireplaces before the resale of a dwelling. In addition to phasing out 
    non-certified appliances, the Town will rely on a mandatory wood 
    burning curtailment. This mandatory curtailment program will initially 
    exempt certified wood stoves, but may include all wood burning if more 
    reductions are needed to attain the standard.
        Road dust reduction measures include vacuum street sweeping, 
    reduction measures for vehicle miles travelled (VMT) for new 
    developments, and an overall limit of VMT in the Town of Mammoth.
        Section 6 of the MLPA SIP revision and Appendix F set forth the 
    selected control measures and expected emissions reductions. The 
    controls are evaluated for two cases; Case A, a wood burning dominated 
    day, and Case B, a road dust and cinder dominated day. Section 5 of the 
    SIP revision shows that Case B, the road dust and cinder dominated day 
    will require the most stringent controls. The control strategy, 
    therefore, was selected for Case B conditions. An additional analysis 
    to confirm the adequacy of the strategy is included in Appendix H.
        Many of the proposed control measures are interrelated, so that 
    reduction credits are not simple independent calculations. The SIP also 
    includes contingency measures such as an accelerated replacement 
    schedule for non-certified wood stoves and wood burning fireplaces. 
    However, as noted in footnote #1, contingency measures will not be 
    addressed in today's action. Appendix I shows the effectiveness 
    calculations for the regulations, including the interrelationships of 
    the measures, and the potential impacts of the contingency measures. 
    These calculations are best summarized in Appendix I, pages I-21 and I-
    22.
        By this document, EPA approves the control strategy.
    5. RACT
        The General Preamble states that generally EPA recommends that 
    available control technology be applied to those existing sources in 
    the nonattainment area that are reasonable to control in light of the 
    attainment needs of the area and the feasibility of such controls. The 
    Mammoth Lakes Planning Area contains no major point sources of 
    PM10, and the imposition of available control technology on other 
    existing sources would not expedite attainment; therefore, 
    implementation of available control technology (RACT) is not reasonably 
    required in this plan (57 FR 13543). A more detailed discussion of the 
    control strategy in the SIP revision can be found in the Technical 
    Support Document (TSD).
    6. Demonstration
        As noted, the initial moderate PM10 nonattainment areas must 
    submit a demonstration (including air quality modeling) showing that 
    the plan will provide for attainment as expeditiously as practicable 
    but no later than December 31, 1994. Alternatively, the state must show 
    that attainment by December 31, 1994 is impracticable. See section 
    189(a)(1)(B) of the Act.
        In order for a state to properly demonstrate attainment of the 
    NAAQS, the SIP control strategy must provide for attainment of each 
    primary ambient air quality standard. There are two primary air quality 
    standards for PM10, a 24-hour standard (150 g/m3), 
    and an annual standard (50 g/m3). The 24-hour standard is 
    attained when the expected number of days per calendar year with a 24-
    hour average concentration above 150 g/m3 is equal to or 
    less than one. The annual standard is attained when the expected annual 
    arithmetic mean concentration is less than or equal to 50 g/
    m3 (lid). See 40 CFR 50.6.
        In the MLPA, peak PM10 concentrations are directly related to 
    the influx of visitors to the area during peak periods of the ski 
    season, coupled with low wind speeds. Increased particulate air 
    pollution and stagnant air conditions lead to air pollution episodes 
    with violations of the 150g/m3 24-hour standard that may 
    last several days or more. The MLPA has not violated the 50 g/
    m3 annual average standard. California used receptor modeling coupled 
    with a proportional rollback model for its MLPA air quality analysis. 
    This analysis indicates that the 24 hour standard for PM10 can be 
    attained by December 31, 1994. The SIP's design value for the 24 hour 
    PM10 NAAQS is
    
    [[Page 32344]]
    
    210 g/m3, 40 percent greater than the standard. The 
    control strategy used to achieve attainment concentrations is 
    summarized in the section of this notice entitled ``Control Strategy 
    .''
        By this notice EPA approves the State's demonstration of attainment 
    of the PM10 NAAQS by December 31, 1994. For a more detailed 
    description of the demonstration of attainment, see the TSD 
    accompanying this notice.
    7. PM10 Precursors
        The control requirements which are applicable to major stationary 
    sources of PM10 also apply to major stationary sources of 
    PM10 precursors, unless EPA determines such sources do not 
    contribute significantly to PM10 levels in excess of the NAAQS in 
    that area. See section 189(e) of the Act. An analysis of air quality 
    and emissions data for the MLPA indicates that exceedances of the NAAQS 
    are attributable chiefly to direct particulate matter emissions from 
    re-entrained road dust and cinders and residential woodburning. Sources 
    of particulate matter precursor emissions of ammonium sulfate and 
    ammonium nitrate contribute a negligible percentage of the total annual 
    emissions of PM10. Consequently, EPA finds that sources of 
    precursors of PM10 in the MLPA do not contribute significantly to 
    PM10 levels in excess of the NAAQS. The consequence of this 
    finding is to exclude these sources from the applicability of PM10 
    moderate nonattainment area control requirements. Further discussion of 
    the analyses and supporting rationale for EPA's finding are contained 
    in the TSD accompanying this notice. Note that while EPA is making a 
    general finding for this area, today's finding is based on the current 
    character of the area including, for example, the existing mix of 
    sources in the area. It is possible, therefore, that future growth 
    could change the significance of precursors in the area. EPA intends to 
    issue future guidance addressing such potential changes in the 
    significance of precursor emissions in an area.
    8. Enforceability
        The particular control measures contained in the SIP revision for 
    the MLPA are addressed above under the section entitled ``Control 
    Strategy.'' These control measures apply to the types of PM10 
    emission sources identified in that discussion, predominantly road dust 
    and cinders and residential wood burning.
        All measures and other elements in the SIP must be enforceable by 
    EPA and the State. See sections 172(c)(6), 110(a)(2)(A) and 57 FR 
    13556. The EPA criteria addressing the enforceability of SIPs and SIP 
    revisions are stated in a September 23, 1987 memorandum (with 
    attachments) from J. Craig Potter, Assistant Administrator for Air and 
    Radiation, et al. See 57 FR 13541. The TSD for this notice contains 
    detailed information on enforceability requirements including 
    applicability, the source types subject to the rules, compliance 
    schedules as appropriate, and reporting and recordkeeping requirements.
        In addition to meeting the enforceability requirements of the Act 
    and EPA guidance, nonattainment area plan provisions must also contain 
    a program that provides for enforcement of the control measures and 
    other elements in the SIP. See sections 110(a)(2)(C) and 172(c)(7). 
    Moreover, where the State relies on a local or regional government 
    agency for implementing any plan provision, the State has the 
    responsibility for ensuring adequate implementation of that provision. 
    See section 110(a)(2)(E)(iii).
        The State of California has a program that will ensure that the 
    measures contained in the SIP revision are adequately enforced. Primary 
    enforcement of the RACM rules will be under the jurisdiction of the 
    Great Basin Unified APCD and the Town of Mammoth Lakes.
        Under section 110(a)(2)(E)(iii) of the Act, the State must also 
    provide necessary assurances that the State has responsibility for 
    ensuring adequate implementation of these plan provisions. The State 
    has the authority to take legal action against the District if the 
    State determines that the District is not carrying out its enforcement 
    responsibilities.
    
    III. Implications of Today's Action
    
        EPA approves the moderate nonattainment area PM10 plan 
    revision submitted to EPA for the Mammoth Lakes Planning Area on 
    September 11, 1991, and amended on January 9, 1992. The State of 
    California has demonstrated that the MLPA can practicably attain the 
    PM10 NAAQS by December 31, 1994.
        As noted, additional submittals for the initial moderate PM10 
    nonattainment areas were due at later dates. EPA will determine the 
    adequacy of any such submittal as appropriate.
        EPA is publishing this action without prior proposal because the 
    Agency views this as a noncontroversial 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 action will be 
    effective August 23, 1996 unless by July 24, 1996, adverse or critical 
    comments are received.
        If EPA receives such comments, this action will be withdrawn before 
    the effective date by publishing a subsequent final rule that will 
    withdraw the final action. 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 on August 23, 1996.
    
    IV. Regulatory Flexibility
    
        Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA 
    must prepare a regulatory flexibility analysis assessing the impact of 
    any proposed or final rule on small entities. 5 U.S.C 603 and 604. 
    Alternatively, EPA may certify 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 government entities with jurisdiction over populations 
    of less than 50,000.
        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 impose any new requirements, I certify 
    that it does not have a significant impact on small entities affected. 
    Moreover, due to the nature of the federal-state relationship under the 
    Clean Air Act, preparation of a regulatory 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. E.P.A., 427 U.S. 246, 
    256-66 (S.Ct. 1976); 42 U.S.C. section 7410 (a)(2).
    
    V. Unfunded Mandates Reform Act
    
        Under Sections 202, 203, and 205 of the Unfunded Mandates Reform 
    Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
    1995, EPA must undertake various actions in association with proposed 
    or final rules that include a Federal Mandate that may result in 
    estimated costs of $100 million or more to the private sector, or to 
    state, local, or tribal governments in the aggregate.
        Through submission of the state implementation plan or plan 
    revisions
    
    [[Page 32345]]
    
    approved in this action, the State and any affected local governments 
    have elected to adopt the program provided for under Title I and 
    sections 110, 172, 189, and 190 of the Clean Air Act. The rules and 
    commitments approved in this action may bind state and local 
    governments to perform certain actions and also may ultimately lead to 
    the private sector being required to perform certain duties. To the 
    extent that the rules and commitments being approved by this action 
    will impose or lead to the imposition of any mandate upon the state or 
    local governments either as the owner or operator of a source or as a 
    regulator, or would impose or lead to the imposition of any mandate 
    upon the private sector, EPA's action will impose no new requirements; 
    such sources are already subject to these requirements under State law. 
    Accordingly, no additional costs to State or local governments, or to 
    the private sector, result from this action. Therefore, EPA has 
    determined that this final action does not include a mandate that may 
    result in estimated costs of $100 million or more to the State or local 
    governments in the aggregate or to the private sector.
        This action has been classified as a Table 3 action for signature 
    by the Regional Administrator under the procedures published in the 
    Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
    July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
    Air and Radiation. The Office of Management and Budget (OMB) has 
    exempted this regulatory action from Executive Order 12866 review.
    
    List of Subjects in 40 CFR Part 52
    
        Environmental protection, Air pollution control, Incorporation by 
    reference, Intergovernmental relations, Particulate matter, Reporting 
    and recordkeeping requirements.
    
        Dated: March 31, 1996.
    Felicia Marcus,
    Regional Administrator.
    
        Subpart F of 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. 7401-7671q.
    
    Subpart F--California
    
        2. Section 52.220 is amended by adding paragraphs (c) (226) and 
    (228) to read as follows:
    
    
    Sec. 52.220  Identification of plan.
    
    * * * * *
        (c) * * *
    * * * * *
        (226) Air Quality Management Plan for the following APCD was 
    submitted on September 11, 1991, by the Governor's designee.
        (i) Incorporation by reference.
        (A) Great Basin Unified Air Pollution Control District.
        (1) Air Quality Management Plan for the Mammoth Lakes PM-10 
    Planning Area adopted December 12, 1990.
    * * * * *
        (228) Air Quality Management Plans for the following APCD were 
    submitted on January 9, 1992, by the Governor's designee.
        (i) Incorporation by reference.
        (A) Great Basin Unified Air Pollution Control District.
        (1) Revisions to the Air Quality Management Plan for Mammoth Lakes 
    PM-10 Planning Area adopted November 6, 1991.
        (i) Rule 431 adopted November 6, 1991.
        (ii) Town of Mammoth Lakes Municipal Code Chapter 8.30 dated 
    October 2, 1991.
    
    [FR Doc. 96-15905 Filed 6-21-96; 8:45 am]
    BILLING CODE 6560-50-P
    
    

Document Information

Effective Date:
8/23/1996
Published:
06/24/1996
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
96-15905
Dates:
This final rule is effective on August 23, 1996 unless adverse or critical comments are received by July 24, 1996. If the effective date is delayed, timely notice will be published in the Federal Register.
Pages:
32341-32345 (5 pages)
Docket Numbers:
CA-19-2-725-a, FRL-5511-4
PDF File:
96-15905.pdf
CFR: (1)
40 CFR 52.220