99-18360. Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision; Kern County Air Pollution Control District; Mojave Desert Air Quality Management District; Ventura County Air Pollution Control District  

  • [Federal Register Volume 64, Number 138 (Tuesday, July 20, 1999)]
    [Rules and Regulations]
    [Pages 38832-38836]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-18360]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 52
    
    [CA 105-153a; FRL-6378-7]
    
    
    Approval and Promulgation of Implementation Plans; California 
    State Implementation Plan Revision; Kern County Air Pollution Control 
    District; Mojave Desert Air Quality Management District; Ventura County 
    Air Pollution Control District
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Direct final rule.
    
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    SUMMARY: EPA is taking direct final action to approve revisions to the 
    California State Implementation Plan (SIP). The revisions concern rules 
    from the Kern County Air Pollution Control District (KCAPCD), the 
    Mojave Desert Air Quality Management District (MDAQMD), and the Ventura 
    County Air Pollution Control District (VCAPCD). The rules control 
    oxides of nitrogen (NOX) from cement kilns and electric 
    power generating facilities. This approval action will incorporate 
    these three rules into the Federally approved SIP. The intended effect 
    of approving these rules is to regulate emissions of NOX in 
    accordance with the requirements of the Clean Air Act, as amended in 
    1990 (CAA or the Act). Thus, EPA is finalizing the approval of these 
    revisions into 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: These rules are effective on September 20, 1999 without further 
    notice, unless EPA receives adverse comments by August 19, 1999. If EPA 
    receives such comments, it will publish a timely withdrawal in the 
    Federal Register informing the public that this rule will not take 
    effect.
    
    
    [[Page 38833]]
    
    
    ADDRESSES: Written comments must be submitted to Andrew Steckel at the 
    Region IX office listed below. 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. 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
    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 95814
    Kern County Air Pollution Control District, 2700 M Street, Suite 302, 
    Bakersfield, CA 93301
    Mojave Desert Air Quality Management District, 15428 Civic Drive, Suite 
    200, Victorville, CA 92392-2383
    Ventura County Air Pollution Control District, Rule Development 
    Section, 669 County Square Drive, Ventura, CA 93003
    
    FOR FURTHER INFORMATION CONTACT: Max Fantillo, Rulemaking Office (AIR-
    4), Air Division, U.S. Environmental Protection Agency, Region IX, 75 
    Hawthorne Street, San Francisco, CA 94105-3901, Telephone: (415) 744-
    1183.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Applicability
    
        The rules being approved into the California SIP include: KCAPCD's 
    Rule 425.3, Portland Cement Kilns (Oxide of Nitrogen); MDAQMD's Rule 
    1158, Electric Power Generating Facilities; and VCAPCD's Rule 59, 
    Electric Power Generating Equipment--Oxides of Nitrogen Emissions. 
    These rules were submitted by the California Air Resources Board (CARB) 
    to EPA on October 19, 1994 (Rule 425.3) and March 10, 1998 (Rule 1158 
    and Rule 59).
    
    II. Background
    
        On November 15, 1990, the Clean Air Act Amendments of 1990 (CAA or 
    the Act) were enacted. Public Law 101-549, 104 Stat. 2399, codified at 
    42 U.S.C. 7401-7671q. The air quality planning requirements for the 
    reduction of NOX emissions through reasonably available 
    control technology (RACT) are set out in section 182(f) of the CAA. On 
    November 25, 1992, EPA published a proposed rule entitled ``State 
    Implementation Plans; Nitrogen Oxides Supplement to the General 
    Preamble; Clean Air Act Amendments of 1990 Implementation of Title I; 
    Proposed Rule,'' (the NOX Supplement) which describes the 
    requirements of section 182(f). The November 25, 1992, proposed rule 
    should be referred to for further information on the NOX 
    requirements and is incorporated into this document by reference.
        Section 182(f) of the Clean Air Act requires States to apply the 
    same requirements to major stationary sources of NOX 
    (``major'' as defined in section 302 and section 182(c), (d), and (e)) 
    as are applied to major stationary sources of volatile organic 
    compounds (VOCs), in moderate or above ozone nonattainment areas. Kern 
    County area is classified as serious; the Southeast Desert Air Basin 
    managed by MDAQMD and the Ventura County area are classified as severe; 
    1 therefore these areas were subject to the RACT 
    requirements of section 182(b)(2), cited below, and the November 15, 
    1992 deadline.
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        \1\ Kern County area, Ventura County area, and Southeast Desert 
    Air Basin managed by MDAQMD retained their designations of 
    nonattainment and was classified by operation of law pursuant to 
    sections 107(d) and 181(a) upon the date of enactment of the CAA. 
    See 56 FR 56694 (November 6, 1991).
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        Section 182(b)(2) requires submittal of RACT rules for major 
    stationary sources of VOC emissions (not covered by a pre-enactment 
    control techniques guidelines (CTG) document or a post-enactment CTG 
    document) by November 15, 1992. There were no NOX CTGs 
    issued before enactment and EPA has not issued a CTG document for any 
    NOX sources since enactment of the CAA. The RACT rules 
    covering NOX sources and submitted as SIP revisions, are 
    expected to require final installation of the actual NOX 
    controls as expeditiously as practicable, but no later than May 31, 
    1995.
        The State of California submitted many RACT rules for incorporation 
    into its SIP on October 19, 1994, March 3 and 10, 1998 including the 
    rules being acted upon in this document. This document addresses EPA's 
    direct-final action for KCAPCD Rule 425.3, Portland Cement Kilns 
    (Oxides of Nitrogen); MDAQMD Rule 1158, Electric Power Generating 
    Facilities; and VCAPCD Rule 59, Electric Power Generating Equipment--
    Oxides of Nitrogen Emissions. KCAPCD adopted Rule 425.3 on October 13, 
    1994, MDAQMD adopted Rule 1158 on August 25, 1997, and VCAPCD adopted 
    Rule 59 on July 15, 1997. The submitted KCAPCD's Rule 425.3 was found 
    to be complete on October 21, 1994; MDAQMD's Rule 1158 and VCAPCD's 
    Rule 59 were found to be complete on May 21, 1998 pursuant to EPA's 
    completeness criteria that are set forth in 40 CFR part 51, appendix V 
    2 and are being finalized for approval into the SIP. By 
    today's document, EPA is taking direct final action to approve these 
    rules into the Federally approved SIP.
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        \\ 2 EPA adopted the completeness criteria on February 16, 1990 
    (55 FR 5830) and, pursuant to section 110(k)(1)(A) of the CAA, 
    revised the criteria on August 26, 1991 (56 FR 42216).
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        NOX emissions contribute to the production of ground 
    level ozone and smog. KCAPCD's Rule 425.3 controls emissions of 
    NOX from cement kilns; MDAQMD's Rule 1158 and VCAPCD's Rule 
    58 control emissions of NOX from electric power generating 
    facilities. These rules were adopted as part of KCAPCD's, MDAQMD's, and 
    VCAPCD's efforts to achieve the National Ambient Air Quality Standards 
    (NAAQS) for ozone and in response to the CAA requirements cited above. 
    The following is EPA's evaluation and final action for these rules.
    
    III. EPA Evaluation and Action
    
        In determining the approvability of a NOX rule, EPA must 
    evaluate the 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). The EPA interpretation of these requirements, 
    which forms the basis for this action, appears in various EPA policy 
    guidance documents.3 Among these provisions is the 
    requirement that a NOX rule must, at a minimum, provide for 
    the implementation of RACT for stationary sources of NOX 
    emissions.
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        \3\ Among other things, the pre-amendment guidance consists of 
    those portions of the proposed post-1987 ozone and carbon monoxide 
    policy that concern RACT, 52 FR 45044 (November 24, 1987); ``Issues 
    Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, 
    Clarification to Appendix D of November 24, 1987 Federal Register 
    Notice'' (Blue Book) (notice of availability was published in the 
    Federal Register on May 25, 1988).
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        For the purposes of assisting State and local agencies in 
    developing NOX RACT rules, EPA prepared the NOX 
    Supplement to the General Preamble, cited above (57 FR 55620). In the 
    NOX Supplement, EPA provides guidance on how RACT will be 
    determined for stationary sources of NOX emissions. While 
    most of the guidance issued by EPA on what constitutes RACT for 
    stationary sources has been directed towards application for VOC 
    sources, much of the guidance is also applicable to RACT for stationary 
    sources of NOX (see section 4.5 of the NOX 
    Supplement). In addition, pursuant to
    
    [[Page 38834]]
    
    section 183(c), EPA is issuing alternative control technique documents 
    (ACTs), that identify alternative controls for categories of stationary 
    sources of NOX. The ACT documents will provide information 
    on control technology for stationary sources that emit or have the 
    potential to emit 25 tons per year or more of NOX. However, 
    the ACTs will not establish a presumptive norm for what is considered 
    RACT for stationary sources of NOX. In general, the guidance 
    documents cited above, as well as other relevant and applicable 
    guidance documents, have been set forth to ensure that submitted 
    NOX RACT rules meet Federal RACT requirements and are fully 
    enforceable and strengthen or maintain the SIP.
        There is currently no version of KCAPCD Rule 425.3, Portland Cement 
    Kilns in the SIP. Rule 425.3 controls NOX emissions from 
    Portland cement kilns operated within the Kern County area. The 
    submitted rule includes the following provisions: applicability, 
    exemptions, definitions, emission limits, compliance determination and 
    monitoring, recordkeeping, test methods, and compliance schedule.
        EPA developed alternative control technique (ACT) documents for 
    categories of stationary sources that either emit or have the potential 
    to emit 25 tons per year or more of NOX, to assist states in 
    making RACT determinations. However, the ACTs do not establish a 
    presumptive norm for what is considered RACT for stationary sources of 
    NOX. Cement kilns have been identified as a major stationary 
    source that emit more than 25 tons of NOX per year. The ACT 
    for cement kilns provides technical information for use by state and 
    local agencies to develop and implement regulatory programs to control 
    NOX emissions from cement manufacturing operations. The ACT 
    reports a range of NOX emission factors from 0.90 to 19.5 
    lbs./ton for different cement kiln types and processes.
        Rule 425.3 sets RACT NOX emission limits at 11.6 lbs./
    ton of clinker produced averaged on a 24 consecutive hour period and/or 
    at 6.4 lbs./ton of clinker produced averaged on a 30 consecutive day 
    period. These limits were set based on initial source tests and are 
    comparable to other district NOX emission limits for cement 
    kilns; they are within the ACT NOX emissions factors (0.90-
    19.5 lbs./ton) for cement manufacturing operation.
        When reviewing rules for SIP approvability, EPA evaluates 
    enforceability elements such as test methods, recordkeeping, and 
    compliance determinations in addition to RACT emission limits. Rule 
    425.3 strengthens the SIP with enforceable measures such as 
    applicability, definition, emission limits, recordkeeping, test 
    methods, and compliance schedule. Therefore, Rule 425.3 meets the 
    federal RACT by meeting the above requirements.
        In evaluating the rule, EPA must determine whether the CAA 
    requirement that RACT will be implemented by May 31, 1995 is met. The 
    rule requires final compliance by May 31, 1995. Kilns that need to 
    retrofit are allowed full compliance by May 31, 1997. Rule 425.3 meets 
    EPA's RACT guideline and May 31, 1995 implementation requirements by 
    requiring RACT be implemented by May 1997 and interim measures 
    including submission of a compliance plan, and an application for 
    authority to construct, are met to ensure progress toward final 
    compliance with the rule.
        There is currently no version of MDAQMD's Rule 1158, Electric Power 
    Generating Facilities in the SIP. Rule 1158 controls NOX 
    emissions from electric power generating facilities within the 
    Southeastern Desert Air Basin managed by MDAQMD. The submitted rule 
    includes the following provisions: applicability, emission limits, 
    exemptions, monitoring requirements, recordkeeping, averaging time, 
    test methods, definitions, and compliance schedule.
        EPA established RACT emission levels for electric utility boilers 
    and recommended for other source categories that States/Districts make 
    RACT determinations comparable to those EPA established for electric 
    utility boilers. This comparability should be based on several factors 
    including cost, cost-effectiveness, and emission reductions.
        The CARB RACT/BARCT Guidance 4 document for stationary 
    gas turbines suggests the NOX limits of 42 ppm (gas-fired) 
    and 65 ppm (liquid-fired) for units rated 0.30 MW and greater. EPA has 
    used the NOX Supplement to the General Preamble 
    (NOX Supplement) document and the CARB's RACT/BARCT Guidance 
    for gas turbines in evaluating Rule 1158 for consistency with the CAA's 
    RACT requirements.
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        \4\ Determination of Reasonably Available Control Technology and 
    Best Available Retrofit Control Technology for gas turbines (RACT/
    BARCT Guidance for stationary gas turbines), California Air 
    Resources Board, May 18, 1992.
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        The RACT limits for utility boilers range 0.20-0.30 pounds of 
    NOX per million Btu (lbs./MMBtu) (167-251 ppm) 
    for burning gaseous and liquid fuels. The emission limits in CARB's 
    RACT/BARCT determination (42/65 ppm) are generally comparable to those 
    specified in the NOX Supplement for electric utility 
    boilers.
        Rule 1158's NOX emission limits ((70-125 ppm) gas-fired 
    and (115-225 ppm) liquid-fired) for boilers, and (42 ppm (gas-fired) 
    and 65 ppm (liquid-fired) for combined-cycle gas turbines are below or 
    within the NOX Supplement allowable emission limits (167-251 
    ppm) for electric utility boilers and the CARB's RACT/BARCT Guidance 
    emission limits (42/65 ppm) for gas turbines. The rule is generally 
    consistent with EPA guidelines and CARB's RACT/BARCT Guidance 
    requirements. The rule contains enforceability measures such as 
    applicability, emission limits, exemptions, monitoring requirements, 
    recordkeeping, averaging time, test methods, definitions, and 
    compliance schedule. The rule also requires final compliance with the 
    emission limits by May 31, 1995. Therefore, Rule 1158 meets the federal 
    RACT guidance and the May 31, 1995 implementation deadline by meeting 
    the above requirements.
        On January 22, 1997, EPA approved into the SIP a version of Rule 
    59, Electric Power Generating Equipment that had been revised by VCAPCD 
    on October 12, 1993. Revisions to this rule were subsequently adopted 
    on July 15, 1997 and submitted to EPA. VCAPCD's submitted Rule 59, 
    Electric Power Generating Equipment--Oxides of Nitrogen Emissions 
    includes the following significant changes from the current SIP:
         Rule 59 has been revised so it will apply to any owner/
    operator of electric power generating steam boilers within VCAPCD area;
         A threshold heat input capacity greater than 300 million 
    British Thermal Unit per hour (MMBtu/hr) has been added;
         The NOX emission limits have been changed to a 
    uniform and more stringent limit of 0.10 pounds per megawatt hour 
    (lbs./MW-hr);
         The use of continuous emission monitoring (CEM) system to 
    determine compliance has been added;
         Compliance period has been changed from the rolling 
    twenty-four hours to an hourly average not to exceed twenty-four hours;
         Use of 40 CFR 75.10(d)(1) provisions in lieu of the hourly 
    calculation of NOX emission rates;
         Clarification of the 96-hours exemption during fuel oil 
    system tests;
         Recordkeeping has been increased from four to five years;
         Deletion of extraneous provisions and obsolete 
    requirements in the rule; and
    
    [[Page 38835]]
    
         Other minor changes of the rule to improve clarity.
        When reviewing rules for SIP approvability, EPA evaluates 
    enforceability elements such as test methods, recordkeeping, and 
    compliance determinations as well as RACT emission limits. All these 
    elements are already in the SIP-approved version of the rule. The 
    revised rule is more stringent than the SIP approved version of the 
    rule, which was previously determined to meet RACT requirements. EPA 
    believes the addition of 300 MMBtu/hr applicability cut-off and the 
    changing of the compliance period from a 24-hour averaging to a 
    flexible hourly average is not a relaxation restricted under 110(l) of 
    the Act because the heat rate ratings of the existing units affected by 
    this amendment are much higher than the 300 MMBtu/hr cut-off and the 
    hourly averaging is more stringent than the 24-hour average compliance 
    period. The additional reduction obtained beyond those attributable to 
    RACT are assumed necessary for VCAPCD's attainment planning purposes.
        A more detailed discussion of the sources controlled, the controls 
    required, and the justification for why these controls represent RACT 
    can be found in the Technical Support Documents (TSDs) for KCAPCD's 
    Rule 425.3, MDAQMD's Rule 1158, and VCAPCD's Rule 59 dated June 1, 
    1999.
        EPA has evaluated the submitted rules and has determined that they 
    are consistent with the CAA, EPA regulations and EPA policy. Therefore, 
    KCAPCD's Rule 425.3, Portland Cement Kilns (Oxides of Nitrogen), 
    MDAQMD's Rule 1158, Electric Power Generating Facilities, and VCAPCD's 
    Rule 59, Electric Power Generating Equipment--Oxides of Nitrogen 
    Emissions are being approved under section 110(k)(3) of the CAA as 
    meeting the requirements of section 110(a), section 182(b)(2), section 
    182(f) and the NOX Supplement to the General Preamble.
        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 September 20, 
    1999 without further notice unless the Agency receives adverse comments 
    by August 19, 1999.
        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 on this rule. 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 will be effective on September 20, 1999 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 (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 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
    
    [[Page 38836]]
    
    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 September 20, 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, Hydrocarbons, 
    Incorporation by reference, Intergovernmental relations, Nitrogen 
    dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
    organic compound.
    
        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: June 29, 1999.
    Laura K. Yoshii,
    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 paragraph (c)(202)(i)(B), 
    (c)(254)(i)(H)(2) and (c)(254)(i)(K) to read as follows:
    
    
    Sec. 52.220  Identification of plan.
    
    * * * * *
        (c) * * *
        (202) * * *
        (i) * * *
        (B) Kern County Air Pollution Control District.
        (1) Rule 425.3, adopted on October 13, 1994.
    * * * * *
        (254) * * *
        (i) * * *
        (H) * * *
        (2) Rule 1158, adopted on February 22, 1995 and amended on August 
    25, 1997.
    * * * * *
        (K) Ventura County Air Pollution Control District.
        (1) Rule 59, adopted on October 6, 1969 and amended on July 15, 
    1997.
    * * * * *
    [FR Doc. 99-18360 Filed 7-19-99; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
9/20/1999
Published:
07/20/1999
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
99-18360
Dates:
These rules are effective on September 20, 1999 without further notice, unless EPA receives adverse comments by August 19, 1999. If EPA receives such comments, it will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect.
Pages:
38832-38836 (5 pages)
Docket Numbers:
CA 105-153a, FRL-6378-7
PDF File:
99-18360.pdf
CFR: (1)
40 CFR 52.220