[Federal Register Volume 63, Number 154 (Tuesday, August 11, 1998)]
[Proposed Rules]
[Pages 42786-42791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21527]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA-198-0058; FRL-6142-2]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision; South Coast Air Quality Management
District, San Diego County Air Pollution Control District, and Kern
County Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve revisions to the California State
Implementation Plan (SIP) which primarily concern the control of
particulate matter (PM) emissions. The
[[Page 42787]]
intended effect of these proposed SIP revisions is principally to
regulate PM emissions in accordance with the requirements of the Clean
Air Act, as amended in 1990 (CAA or the Act). EPA's final approval of
these revisions will incorporate them into the federally approved SIP
for the South Coast Air Quality Management District (SCAQMD), San Diego
County Air Pollution Control District (SDCAPCD), and the Kern County
Air Pollution Control District (KCAPCD). EPA has evaluated each of the
revisions and is proposing to approve them 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. EPA is also proposing a limited approval and
limited disapproval of SCAQMD Rule 403. EPA is proposing simultaneous
limited approval and limited disapproval of this revision because,
while it strengthens the SIP, it also does not fully meet the CAA
provisions regarding plan submissions and requirements for
nonattainment areas.
DATES: Written comments must be received on or before September 10,
1998.
ADDRESSES: Comments should be addressed to Dave Jesson, Air Planning
Office (AIR-2), Air Division, U.S. Environmental Protection Agency,
Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.
Copies of the rule revisions and EPA's evaluation report of the
rules are available for public inspection at EPA's Region 9 office
during normal business hours. Copies of the submitted rule revisions
are also available for inspection at the following locations:
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA
South Coast Air Quality Management District, 21865 E. Copley Drive,
Diamond Bar, CA
San Diego County Air Pollution Control District, 9150 Chesapeake Drive,
San Diego, CA
Kern County Air Pollution Control District, 2700 ``M'' Street, Suite
302, Bakersfield, CA
FOR FURTHER INFORMATION CONTACT: Dave Jesson, (415) 744-1288.
SUPPLEMENTARY INFORMATION:
I. Applicability
The rules being proposed for approval into the California SIP are:
SCAQMD Rule 403, Fugitive Dust (as amended on February 14, 1997);
SCAQMD Rule 403.1, Wind Entrainment of Fugitive Dust (adopted on
January 15, 1993); SCAQMD Rule 1186, PM10 Emissions from
Paved and Unpaved Roads, and Livestock Operations (adopted on February
14, 1997); San Diego Rule 52, Particulate Matter (as amended on January
22, 1997); San Diego Rule 53, Specific Air Contaminants (as amended on
January 22, 1997); San Diego Rule 54, Dust and Fumes (as amended on
January 22, 1997); and KCAPCD Rule 405, Particulate Matter--Emission
Rate (as amended on May 1, 1997). These new and amended rules were
submitted to EPA as SIP revisions by the California Air Resources Board
(CARB) on August 1, 1997, with the exception of SCAQMD Rule 403.1,
which was submitted on November 18, 1993. EPA is also proposing to
approve local ordinances for 9 Coachella Valley cities and the County
of Riverside for the control of fugitive dust in the Coachella Valley
Planning Area. 1 The ordinances were adopted on various
dates and submitted as SIP revisions on February 16, 1995.
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\1\ The Coachella Valley Planning Area is classified as a
serious PM-10 nonattainment area, and is located within the
jurisdiction of the SCAQMD, which also has responsibility for the
South Coast Air Basin serious PM-10 nonattainment area.
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II. Background
In response to section 110(a) and Part D of the Act, local
California air pollution control districts have adopted and the State
of California has submitted many PM rules for incorporation into the
California SIP, including the rules and ordinances being acted on in
this document. This document addresses EPA's proposed approval of
SCAQMD Rules 403, 403.1, and 1186; SDCAPCD Rules 52, 53, and 54; and
KCAPCD Rule 405, as identified above. These submitted rules were found
to be complete on September 30, 1997, pursuant to EPA's completeness
criteria that are set forth in 40 CFR part 51, appendix V 2,
with the exception of SCAQMD Rule 403.1, which was found complete on
December 27, 1993, and the Coachella Valley ordinance submittal, which
became complete by operation of law on August 16, 1995.
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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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SCAQMD Rule 403, Fugitive Dust, consists of reasonably available
control measures (RACMs) and best available control measures (BACMs) to
reduce fugitive dust emissions associated with agricultural operations,
``active operations'' (construction and demolition activities, earth-
moving activities, or vehicular movement), track-out of bulk material
onto public paved roadways, and open storage piles or disturbed surface
areas. SCAQMD Rule 403.1, Wind Entrainment of Fugitive Dust, consists
of additional fugitive dust measures for agriculture, abandoned
disturbed surface areas, and bulk material deposits entrained by high
winds within the Coachella Valley. SCAQMD Rule 1186, PM10
Emissions from Paved and Unpaved Roads, and Livestock Operations,
establishes BACM requirements for reducing PM entrained as a result of
vehicular traffic on paved and unpaved roads, and at livestock
operations. The Coachella Valley ordinances, together with the
applicable SCAQMD rules, constitute RACM and BACM for the Coachella
Valley PM-10 nonattainment area, applying additional fugitive dust
controls on construction projects and on paved and unpaved roads and
surfaces.
SDCAPCD Rule 52, Particulate Matter, prohibits any source from
discharging into the atmosphere PM in excess of 0.10 grain per dry
standard cubic foot of gas. SDCAPCD Rule 53, Specific Air Contaminants,
limits by volume, emissions of combustion PM and sulfur compounds,
calculated as sulfur dioxide (SO2). SDCAPCD Rule 54, Dust and Fumes,
restricts PM emissions from process operations. KCAPCD Rule 405
Particulate Matter--Emission Rate, also restricts PM emissions from
process operations.
The rules and ordinances that are the subject of this action were
originally adopted as part of each district's efforts to prevent
violations of the National Ambient Air Quality Standard (NAAQS) for
Total Suspended Particulates (TSP), EPA's original ambient standard for
particulates, or for PM-10, EPA's ambient standard for PM adopted on
July 1, 1987.3 The SCAQMD revised its
[[Page 42788]]
Rule 403 and adopted new Rule 1186 to meet CAA Part D requirements for
RACM and BACM for fugitive sources of PM-10. The Coachella Valley
ordinances were adopted by local jurisdictions to provide important
additional RACM and BACM controls as supplements to the SCAQMD rules.
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\3\ EPA's revision to the NAAQS for particulate matter on July
1, 1987 (52 FR 24672) replaced standards for total suspended
particulates (TSP) with new standards applying only to particulate
matter up to 10 microns in diameter (PM-10). At that time, EPA
established two PM-10 standards. The annual PM-10 standard is
attained when the expected annual arithmetic average of the 24-hour
samples for a period of one year does not exceed 50 micrograms per
cubic meter (ug/m\3\). The 24-hour PM-10 standard of 150 ug/m\3\ is
attained if samples taken for 24-hour periods have no more than one
expected exceedance per year, averaged over 3 years.
On July 18, 1997, EPA reaffirmed the annual PM-10 standard and
slightly revised the 24-hour standard (62 FR 38651). The revised 24-
hour PM-10 standard is attained if the 99th percentile of the
distribution of the 24-hour results over 3 years does not exceed 150
ug/m\3\ at each monitor within an area. In the same rulemaking, EPA
also established two new standards for PM, both applying only to
particulate matter up to 2.5 microns in diameter (PM-2.5). EPA has
not yet established specific plan and control requirements for the
new PM-2.5 NAAQS.
Emissions of fine PM contribute to the production of ground-
level PM. PM can harm human health by causing lung damage, increased
respiratory disease, and possibly premature death. Children, the
elderly, and people suffering from heart and lung disease, like
asthma, are especially at risk. PM also damages materials, reduces
visibility, and adversely affects crops and forests.
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III. EPA Evaluation and Proposed Action
A. Evaluation of Rules and Ordinances
In determining the approvability of a PM rule or ordinance, EPA
must evaluate the measure 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). EPA must also ensure that measures
are enforceable, and strengthen or maintain the SIP's control strategy.
For PM-10 nonattainment areas classified as moderate, Part D of the
CAA requires that SIPs must include enforceable measures reflecting
reasonably available control technology (RACT) for large stationary
sources and RACM technology for other sources. The Act requires that
SIPs for areas classified as serious must include measures applying
best available control technology (BACT) to stationary sources and BACM
technology to other sources.
The statutory provisions relating to RACT, RACM, BACT, and BACM are
discussed in EPA's ``General Preamble,'' which gives the Agency's
preliminary views on how EPA intends to act on SIPs submitted under
Title I of the Act. See generally 57 FR 13498 (April 16, 1992), 57 FR
18070 (April 28, 1992), and 59 FR 41998 (August 16, 1994). In this
proposed rulemaking action, EPA is applying these policies to this
submittal, taking into consideration the specific factual issues
presented.
Both KCAPCD and SCAQMD contain areas designated under section 107
of the Act as nonattainment for PM-10. The SCAQMD has jurisdiction over
areas classified as serious for PM-10.4 KCAPCD has
jurisdiction over a portion of the Searles Valley, which is currently
classified as moderate for PM-10.
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\4\ As indicated above, the SCAQMD has jurisdiction over the
South Coast Air Basin (SCAB) and Coachella Valley PM-10 serious
nonattainment areas. This Federal Register action for the SCAQMD
excludes the Los Angeles County portion of the Southeast Desert
AQMA, otherwise known as the Antelope Valley Region in Los Angeles
County, which is now under the jurisdiction of the Antelope Valley
Air Pollution Control District as of July 1, 1997.
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South Coast Air Quality Management District
On June 14, 1978, EPA approved into the SIP a version of Rule 403,
Fugitive Dust, that had been adopted by the SCAQMD on May 7, 1976, and
submitted by CARB on August 2, 1976. On November 6, 1992, July 9, 1993,
and February 14, 1997, SCAQMD adopted amendments to Rule 403, which
include the following significant changes from the current SIP:
Persons conducting active operations within the SCAB must
employ BACM to minimize fugitive emissions.
Persons conducting active operations outside of the SCAB
must employ RACM.
More stringent BACM (for active operations inside the
SCAB) and RACM (for active operations outside the SCAB) are required
for high wind conditions.
Persons shall not cause or allow levels to exceed 50
micrograms per cubic meter (ug/m\3\) of PM-10, as opposed to 100 ug/
m\3\ of TSP in the applicable SIP rule, when determined as the
difference between upwind and downwind samples.
Persons shall prevent or remove within 1 hour track-out
onto public paved roads or implement specific alternative actions.
In the event that EPA finds that the area has not met PM-
10 milestones or has failed to attain or maintain the PM-10 NAAQS, the
rule's applicability threshold for disturbed areas is reduced from 100
acres to 50 acres, and the threshold for daily earth-moving or
throughput volume is reduced from 10,000 cubic yards to 5,000 cubic
yards during the most recent 365-day period.
Persons may submit alternative compliance plans for
approval by the SCAQMD Executive Officer and USEPA.
The rule exempts agricultural operations outside of the
SCAB and agricultural operations within the SCAB provided that the
combined disturbed surface area is less than 10 acres.
The rule exempts disturbed surface areas less than \1/2\
acre on property zoned for residential uses, and activities undertaken
during a state of emergency.
Certain additional sources are exempted from specific rule
provisions under specified conditions (e.g., during a state of
emergency) or because the sources are below impact thresholds.
All provisions of Rule 403 became effective upon the dates of rule
adoption, although compliance with certain provisions is not required
until September 1, 1998, or January 1, 1999.
EPA does not propose to approve into the SIP section (i) of Rule
403, which establishes fees which are enforced locally only, and which
are not integral to the rule requirements.
As requested by CARB and SCAQMD,5 EPA proposes to
approve the following sections of the ``Rule 403 Implementation
Handbook,'' which was included as part of the SIP revision and which is
incorporated by reference:
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\5\ The docket to this rulemaking contains letter dated March
27, 1998, from Dean Saito, CARB, to Dave Jesson, USEPA, transmitting
a letter dated December 11, 1997, from Elaine Chang, Director of
Planning, SCAQMD, to Dave Jesson, USEPA.
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(1) ``Soil Moisture Testing Methods''--ASTM Standard Test Method D
2216 for Laboratory Determination of Water (Moisture) Content of Soil,
Rock, and Soil-Aggregate Mixtures, and ASTM Standard Test Method 1557
for Laboratory Compaction Characteristics of Soil Using Modified Effort
(56,000 ft-lbf/ft3 (2,700 kN-m/m\3\));
(2) ``Storage Piles''--Surface-Area Calculations and ASTM Standard
Method C-136 for Sieve Analysis of Fine and Coarse Aggregates;
(3) ``Best Available Control Measures'';
(4) ``Reasonably Available Control Measures'';
(5) ``Guidance for Large Operations.''
CARB and SCAQMD did not request that EPA approve as part of the SIP
the remaining portion of the Rule 403 Implementation Handbook, which
includes copies of SCAQMD rules, lists of chemical dust suppressants,
sample recordkeeping, and guidance on preparation of high wind fugitive
dust control plans. These supplementary guidance materials do not
substantively affect control or compliance requirements in Rule 403.
Consequently, EPA is not proposing to approve these sections of the
Handbook.
The SCAQMD has indicated that any future revisions to the Handbook
that affect the control and compliance requirements of Rule 403 will be
submitted as a SIP revision (letters from CARB and SCAQMD referenced
above).
Although Rule 403 will strengthen the SIP, the rule contains a
deficiency, in allowing the SCAQMD Executive Officer and CARB the
discretion to approve equivalent test methods for determining soil
moisture content and soil compaction characteristics (Rule 403, Table
2, paragraphs (1a) and (1b)). This discretion could lead to the use of
[[Page 42789]]
test methods not approved by EPA, and could consequently result in
enforceability problems. Thus, the provision is not consistent with CAA
section 172(c)(6), which provides that SIP measures must be
enforceable. Because of this deficiency, EPA cannot grant full approval
of Rule 403 under section 110(k)(3) and part D. Also, because the rule
is not composed of separable parts that meet all the applicable CAA
requirements, EPA cannot grant partial approval of Rule 403 under
section 110(k)(3). However, EPA may grant a limited approval of Rule
403 under section 110(k)(3) in light of EPA's authority pursuant to
section 301(a) to adopt regulations necessary to further air quality by
strengthening the SIP.
At the same time, EPA is also proposing a limited disapproval of
Rule 403 because it contains the deficiency identified above. The
potential sanctions that might result from this disapproval are set
forth in section III.B. below. EPA expects, however, that future
revisions to Rule 403 will resolve this issue by requiring that
equivalent test methods receive EPA approval. When this deficiency is
corrected and submitted as a SIP revision, EPA intends to approve the
amended rule fully thus superseding the limited disapproval.
It should be noted that Rule 403 has been adopted by SCAQMD and is
currently in effect. EPA's final limited approval/limited dispproval
action will not prevent SCAQMD or EPA from enforcing the rule.
There is currently no version of SCAQMD Rule 403.1, Wind
Entrainment of Fugitive Dust, in the SIP. The submitted rule includes
many definitions and other regulatory elements similar or identical to
those in Rule 403, and Rule 403.1 is also accompanied by an
Implementation Handbook specifying standard methods and calculations,
and monitoring and reporting responsibilities. Rule 403.1 contains the
following specific provisions:
Persons involved in active operations in the Coachella
Valley Blowsand Zone shall stabilize man-made deposits within 24 hours
by application of water, chemical dust suppressants, and/or
installation of wind breaks.
Persons involved in agricultural tilling or soil mulching
shall cease such activities when winds exceed 25 mph.
All provisions of Rule 403.1 became effective upon March 1, 1993.
As requested by CARB and SCAQMD in the correspondence previously
cited (see footnote 5), EPA proposes to approve the following sections
of the ``Rule 403.1 Implementation Handbook,'' which was included as
part of the SIP revision and which is incorporated by reference:
(1) ``Wind Monitoring''--performance standards for wind monitoring
equipment; and
(2) ``Storage Piles''--Surface-Area Calculations and ASTM Standard
Method C-136 for Sieve Analysis of Fine and Coarse Aggregates.
CARB and SCAQMD did not request that EPA approve as part of the SIP
the remaining portion of the Rule 403.1 Implementation Handbook, which
includes copies of SCAQMD rules, notification procedures, lists of
chemical dust suppressants, sample recordkeeping, and Food Securities
Act fact sheets. These supplementary guidance materials do not
substantively affect control or compliance requirements in Rule 403.1.
Consequently, EPA is not proposing to approve these sections of the
Handbook.
The SCAQMD has indicated that any future revisions to the Handbook
that affect the control and compliance requirements of Rule 403.1 will
be submitted as a SIP revision (letters from CARB and SCAQMD referenced
above).
There is currently no version of SCAQMD Rule 1186, PM10
Emissions from Paved and Unpaved Roads, and Livestock Operations, in
the SIP. The submitted rule includes the following provisions
representing BACM requirements:
Owners/operators of paved public roads shall remove
visible roadway accumulations through street cleaning within 72 hours
following notification.
Agencies purchasing, leasing or contracting for street
sweeper equipment for routine street sweepers shall procure PM-10
efficient equipment after January 1, 1999.
Owners/operators of unpaved public roads having greater
than the average daily trips of all unpaved roads in its jurisdiction
beginning January 1, 1998 and each of the 8 calendar years thereafter
shall annually
--pave at least 1 mile; or
--apply chemical stabilization to 2 miles; or
--take one or more of the following actions on 3 miles:
Install signage at \1/4\ mile intervals prohibiting speeds
greater than 15 mph;
Install speed bumps every 500 feet; or
Maintain the roadway to inhibit speeds greater than 15
mph.
Owners/operators of livestock operations (50 or more
animals) shall cease hay grinding between 2 and 5 pm if visible
emissions extend more than 50 feet from the grinding source, and shall
treat all unpaved access areas with pavement, gravel, or asphalt no
later than January 1, 1998.
SCAQMD Rule 1186 also contains contingency requirements for new or
widened paved roads with projected average daily trips of 500 or more,
involving curbing, paving shoulders, and paving (or landscaping or
chemically stabilizing) medians. These requirements would be triggered
by an EPA finding that the area has not achieved PM-10 and PM-10
precursor emission reduction requirements at a milestone reporting
period, that the region failed to attain the PM-10 NAAQS by the CAA
deadline, or that the region fails to maintain the PM-10 NAAQS.
Rule 1186 has several exemption provisions and allows for
submission of alternative compliance plans for approval by the SCAQMD
Executive Officer and USEPA.
The February 16, 1995, SIP submittal for the Coachella Valley area
includes the following local fugitive dust ordinances: City of
Cathedral City Ordinance No. 377 (2/18/93), City of Coachella Ordinance
No. 715 (10/6/93), City of Desert Hot Springs Ordinance No. 93-2 (5/18/
93), City of Indian Wells Ordinance No. 313 (2/4/93), City of Indio
Ordinance No. 1138 (3/17/93), City of La Quinta Ordinance No. 219 (12/
15/92), City of Palm Desert Ordinance No. 701 (1/14/93), City of Palm
Springs Ordinance No. 1439 (4/21/93), City of Rancho Mirage Ordinance
No. 575 (8/5/93), and County of Riverside Ordinance No. 742 (1/4/94).
These ordinances are based on a model fugitive dust control
ordinance developed by the Coachella Valley Association of Governments,
local governments, and the SCAQMD. The ordinances typically require:
(1) dust control plans for each construction project needing a grading
permit; (2) plans to pave or chemically treat unpaved surfaces if daily
vehicle trips exceed 150; (3) imposition of 15 mph speed limits for
unpaved surfaces if daily vehicle trips do not exceed 150; (4) paving
or chemical treatment of unpaved parking lots; and (5) actions to
discourage use of unimproved property by off-highway vehicles.
The ordinances are exemplary approaches by local governments to
establish reasonable controls on dust emissions. Successful
implementation of the ordinances by the involved agencies and members
of the public has been instrumental in bringing the Coachella Valley
area into attainment of the PM-10 NAAQS.
[[Page 42790]]
San Diego County Air Pollution Control District
On December 5, 1984, EPA approved into the SIP a version of Rule
52, Particulate Matter, that had been adopted by the SDCAPCD on
September 21, 1983, and submitted by CARB on March 14, 1984. On January
22, 1997, the SDCAPCD adopted an amendment to Rule 52, which includes
the following significant changes from the current SIP:
All sources subject to Rule 54 must comply with the
uncorrected particulate concentration (grain loading) standard of 0.10
grain per dry standard cubic foot of gas;
Asphalt plants are exempted until July 1, 1998, provided
the plants are in compliance with Rule 54; and
Equipment not required to obtain an Authority to
Construct, Permit to Operate or Registration are exempted.
On July 6, 1982, EPA approved into the SIP a version of Rule 53,
Specific Contaminants, that had been adopted by the SDCAPCD on November
25, 1981, and submitted on March 1, 1982. On January 22, 1997, the
SDCAPCD adopted an amendment to Rule 53, which retitles the rule
Specific Air Contaminants, and includes the following significant
changes from the current SIP:
All sources subject to Rule 54 are exempted from the
particulate concentration (grain loading) standards of 0.10 grain per
dry standard cubic foot of gas standardized to 12 percent of carbon
dioxide, and 0.30 grain from incinerators with a rated capacity of 100
pounds per hour or less;
Equipment operating on liquid fuel with a maximum heat
input rating of 10 million Btu per hour or less are exempted;
Equipment operating on gaseous fuel with a maximum heat
input rating of 50 million Btu per hour or less are exempted; and
Equipment not required to obtain an Authority to
Construct, Permit to Operate or Registration are exempted.
On September 22, 1972, and August 31, 1978, EPA approved into the
SIP versions of Rule 54, Dust and Fumes, that had been adopted by the
SDCAPCD and submitted by CARB on June 30, 1972, and October 13, 1977.
On January 22, 1997, the SDCAPCD adopted an amendment to Rule 54, which
makes minor clarifications and includes the following significant
changes from the current SIP:
Process weight table emission limits less than 1.0 pounds
per hour are deleted;
Equipment not required to obtain an Authority to
Construct, Permit to Operate or Registration are exempted.
Operations comprised exclusively of a combustion process
where liquid fuels, gaseous fuels, and corresponding combustion air are
introduced are exempted.
Kern County Air Pollution Control District
On May 3, 1984, EPA approved into the SIP a version of Rule 405,
Particulate Matter that had been adopted by KCAPCD on July 18, 1983,
and submitted by CARB on August 30, 1983. On May 1, 1997, the KCAPCD
adopted an amendment to Rule 405, which makes minor clarifications to
this RACT rule and the following significant changes from the current
SIP:
Process weight table for the San Joaquin Valley air basin
is deleted, since this portion of Kern County is no longer under the
jurisdiction of KCAPCD;
An exemption applicable to a 1983 project is deleted.
B. EPA Action
EPA has evaluated the submitted rules and ordinances and has
determined that they are consistent with the CAA and EPA regulations,
except for the director's discretion provision's of SCAQMD Rule 403,
discussed above. The rules and ordinances clarify and strengthen the
existing SIP. Furthermore, the SCAQMD rules and Coachella ordinances
reflect applicable RACM and BACM requirements and the amended KCAPCD
rule reflects applicable RACT requirements. Therefore, SCAQMD new Rules
403.1 and 1186; Coachella Valley ordinances; SDCAPCD amendments to
Rules 52, 53, and 54; and KCAPCD amendments to Rule 405 are being
proposed for approval under section 110(k)(3) of the CAA as meeting the
requirements of section 110(a) and Part D.
As mentioned in section III.A., EPA proposes a limited approval of
SCAQMD Rule 403 under CAA sections 110(k)(3) and 301(a), and a limited
disapproval of Rule 403, because the rule contains enforceability
deficiencies inconsistent with CAA section 172(c)(6). Under CAA section
179(a)(2), if EPA disapproves a submission under section 110(k) for an
area designated as nonattainment, based on the submission's failure to
meet CAA requirements, EPA must apply one of the sanctions set forth in
section 179(b) unless the deficiency has been corrected within 18
months of such disapproval. Section 179(b) provides two sanctions
available to the Administrator: highway funding and offsets. The 18
month period referred to in section 179(a) will begin on the effective
date of EPA's final limited disapproval.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
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 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, the
Administrator certifies that it does not have a significant impact on
any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the CAA, preparation of a 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).
C. 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
costs to State, local, or tribal governments in the aggregate; or to
private sector, of $100 million or more. Under section 205,
[[Page 42791]]
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 proposed does not
include a Federal mandate that may result in estimated 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
Federal requirements. Accordingly, no additional costs to State, local,
or tribal governments, or to the private sector, result from this
action.
D. Executive Order 13045
This proposed rule is not subject to E.O. 13045, entitled
Protection of Children from Environmental Health Risks and Safety
Risks, because it is not an ``economically significant'' action under
E.O. 12866.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Particulate matter, Reporting and recordkeeping
requirements, Sulfur dioxide.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 31, 1998.
Felicia Marcus,
Regional Administrator, Region IX.
[FR Doc. 98-21527 Filed 8-10-98; 8:45 am]
BILLING CODE 6560-50-P
