[Federal Register Volume 64, Number 160 (Thursday, August 19, 1999)]
[Rules and Regulations]
[Pages 45170-45175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21164]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 009-0143a; FRL-6420-4]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revisions for Six California Air Pollution
Control Districts
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) which concern the control of
particulate matter (PM) emissions from open burning, incinerator
burning, and orchard heater sources in the Kern County Air Pollution
Control District (KCAPCD), Northern Sierra Air Quality Management
District (NSAQMD), San Joaquin Valley Unified Air Pollution Control
District (SJVUAPCD), Siskiyou County Air Pollution Control District
(SCAPCD), Tehama County Air Pollution Control District (THCAPCD), and
Tuolumne County Air Pollution Control District (TOCAPCD). This approval
action will incorporate these rules into the federally-approved SIP.
The intended effect of this action is to regulate emissions of PM in
accordance with the requirements of the Clean Air Act, as amended in
1990 (CAA). Thus, EPA is finalizing the approval of these rules 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 attainment and
nonattainment areas.
DATES: This rule is effective on October 18, 1999 without further
notice, unless EPA receives relevant adverse comments by September 20,
1999. If EPA receives such comments, then it will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect.
ADDRESSES: Comments must be submitted to Andrew Steckel at the Region
IX office listed below. Copies of the rules and EPA's evaluation report
for the rules are available for public inspection at EPA's Region IX
office during normal business hours. Copies of the submitted rules are
available for inspection at the following locations:
Rulemaking Office (AIR-4), Air Division, U.S. Environmental Protection
Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105.
Environmental Protection Agency, Air Docket (6102), 401 ``M'' Street,
SW, Washington, DC 20460
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812.
Kern County Air Pollution Control District, 2700 ``M'' Street, Suite
290, Bakersfield, CA 93301.
Northern Sierra Air Quality Management District, 540 Searles Avenue,
Nevada City, CA 95959.
San Joaquin Valley Unified Air Pollution Control District, 1990 East
Gettysburg Street, Fresno, CA 93726.
Siskiyou County Air Pollution Control District, 525 South Foothill
Drive, Yreka, CA 96097.
Tehama County Air Pollution Control District, 1760 Walnut Street, Red
Bluff, CA 96080.
[[Page 45171]]
Tuolumne County Air Pollution Control District, 2 South Green Street,
Sonora, CA 95370.
FOR FURTHER INFORMATION CONTACT: Al Petersen, Rulemaking Office, (AIR-
4), Air Division, U.S. Environmental Protection Agency, Region IX, 75
Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1135.
SUPPLEMENTARY INFORMATION:
I. Applicability
The rules being approved into the California Applicable SIP are
listed below with the date that they were submitted to EPA by the
California Air Resources Board (CARB):
KCAPCD Rule 416, Open Burning (submitted on October 18,
1996).
KCAPCD Rule 417, Agricultural Burning (submitted on
October 18, 1996).
NSAQMD Rules 302 to 312, Open Burning (submitted on
October 25, 1991).
SJVUAPCD Rule 4302, Incinerator Burning (submitted on May
24, 1994).
SJVUAPCD Rule 4303, Orchard Heaters (submitted on May 24,
1994).
SCAPCD Rule 4.3, Non-Agricultural Burning (submitted on
March 26, 1990).
THCAPCD Rule 3.12, Wildland Vegetation Management Burning
(submitted on May 13, 1991).
TOCAPCD Rules 302 to 310, Open Burning (submitted on March
26, 1990).
II. Background
On March 3, 1978, EPA promulgated a list of total suspended
particulate (TSP) nonattainment areas under the provisions of the 1977
Clean Air Act, that included the San Joaquin Valley Air Basin (43 FR
8964; 40 CFR 81.305). On July 1, 1987 (52 FR 24672) EPA replaced the
TSP standards with new PM standards applying only to PM up to 10
microns in diameter (PM-10).1 On November 15, 1990,
amendments to the 1977 CAA were enacted (Pub. L. 101-549, 104 Stat.
2399, codified at 42 U.S.C. 7401-7671q). On the date of enactment of
the 1990 CAA Amendments, PM-10 areas meeting the qualifications of
section 107(d)(4)(B) of the Act were designated nonattainment by
operation of law and classified as moderate or serious pursuant to
section 188(a). Nevada County, Plumas County, and Sierra County (all of
which now comprise NSAQMD), Siskiyou County, Tehama County, and
Tuolumne County were designated unclassifiable for PM-10. The present
KCAPCD includes a part of Kern County, which was designated
unclassifiable for PM-10, and a part of Searles Valley, which was
classified and designated moderate nonattainment for PM-10. On February
8, 1993, EPA classified four nonattainment areas as serious, including
the San Joaquin Valley Planning Area, which now comprises the SJVUAPCD.
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\1\ On July 18, 1997 EPA promulgated revised and new standards
for PM-10 and PM-2.5 (62 FR 38651). The U.S. Court of Appeals for
the D.C. Circuit in American Trucking Assoc., Inc., et al. v. USEPA,
No. 97-1440 (May 14, 1999) issued an opinion that, among other
things, vacated the new standards for PM-10 that were published on
July 18, 1997 and became effective September 16, 1997. However, the
PM-10 standards promulgated on July 1, 1987 were not an issue in
this litigation, and the Court's decision does not affect the
applicability of those standards in this area. Codification of those
standards continue to be recorded at 40 CFR 50.6. In the notice
promulgating the new PM-10 standards, the EPA Administrator decided
that the previous PM-10 standards that were promulgated on July 1,
1987, and provisions associated with them, would continue to apply
in areas subject to the 1987 PM-10 standards until certain
conditions specified in 40 CFR 50.6(d) are met. See 62 FR 38701. EPA
has not taken any action under 40 CFR 50.6(d) for this area. Today's
proposed action relates only to the CAA requirements concerning the
PM-10 standards as originally promulgated in 1987.
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Section 189(a) of the CAA requires PM-10 moderate nonattainment
areas to adopt reasonably available control measures (RACM), including
reasonably available control technology (RACT) for stationary sources
of PM-10. Section 189(b) of the CAA requires PM-10 serious
nonattainment areas to adopt best available control measures (BACM) for
significant sources of PM-10, including best available control
technology (BACT).
KCAPCD must adopt RACM due to including the Searles Valley Planning
Area PM-10 moderate non-attainment area. However, the ``PM-10 SIP for
the Searles Valley Planning Area'', pg III.6, November 1991, shows that
the PM-10 Emissions Inventory is zero for waste (open) burning.
Therefore, adopting RACM would not decrease emissions, and KCAPCD will
not be evaluated by RACM requirements.
SJVUAPCD must at a minimum meet the requirements of RACM; SJVUAPCD
must also meet the requirements of BACM. However, EPA is deferring
decision on the specific BACM requirements until EPA acts on SJVUAPCD's
BACM plan at a later date.
In response to section 110(a) and Part D of the Act, the State of
California submitted many PM-10 rules for incorporation into the
California SIP, including the rules being acted on in this document.
This document addresses EPA's direct-final action for the following:
KCAPCD Rule 416, Open Burning.
This rule was amended by the KCAPCD on July 11, 1996, submitted by
the CARB for incorporation into the California SIP on October 18, 1996,
and found to be complete on December 19, 1996, pursuant to EPA's
completeness criteria that are set forth in 40 CFR part 51 appendix V
2 and is being finalized for approval into the 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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KCAPCD Rule 417, Agricultural Burning.
This rule was amended by the KCAPCD on July 11, 1996, submitted by
the CARB for incorporation into the California SIP on October 18, 1996,
and found to be complete on December 19, 1996.
NSAQMD Rule 302, Prohibited Open Burning.
NSAQMD Rule 303, Allowed Open Burning.
NSAQMD Rule 304, Agricultural Burning.
NSAQMD Rule 305, Range Improvement Burning.
NSAQMD Rule 306, Forest Management Burning.
NSAQMD Rule 307, Wildlands Vegetation Management Burning.
NSAQMD Rule 308, Land Development Clearing.
NSAQMD Rule 309, Ditch, Road and Right-of-FyWay
Maintenance.
NSAQMD Rule 310, Hazard Reduction.
NSAQMD Rule 311, Residential Maintenance.
NSAQMD Rule 312, Burning Permits.
These rules were adopted by the NSAQMD on November 10, 1988,
submitted by the CARB for incorporation into the California SIP on
October 25, 1991, and found to be complete on December 18, 1991.
SJVUAPCD Rule 4302, Incinerator Burning. This rule was
initially adopted by the SJVUAPCD on May 21, 1992, amended by the
SJVUAPCD on December 16, 1993, submitted by the CARB for incorporation
into the California SIP on May 24, 1994, and found to be complete on
July 14, 1994.
SJVUAPCD Rule 4303, Orchard Heaters. This rule was
initially adopted by the SJVUAPCD on May 21, 1992, amended by the
SJVUAPCD on December 16, 1993, submitted by the CARB for incorporation
into the California SIP on May 24, 1994, and found to be complete on
July 14, 1994.
SCAPCD Rule 4.3, Non-Agricultural Burning. This rule was
initially adopted by the SCAPCD on October 26, 1971, amended by the
SCAPCD on January 24, 1989, submitted by the CARB for incorporation
into the California SIP on March 26, 1990, and found to be complete on
June 20, 1990.
[[Page 45172]]
THCAPCD Rule 3.12, Wildland Vegetation Management Burning.
This rule was initially adopted by the THCAPCD on August 4, 1987,
amended by the THCAPCD on April 25, 1989, submitted by the CARB for
incorporation into the California SIP on May 13, 1991, and found to be
complete on July 10, 1991.
TOCAPCD Rule 302, Burning Requirements.
TOCAPCD Rule 303, Burn or No-Burn Day.
TOCAPCD Rule 304, Burning Management Requirements.
TOCAPCD Rule 305, Minimum Drying Times.
TOCAPCD Rule 306, Agricultural Burning.
TOCAPCD Rule 307, Wildland Vegetation Management.
TOCAPCD Rule 308, Forest Management.
TOCAPCD Rule 309, Range Improvement.
TOCAPCD Rule 310, Miscellaneous Burning.
These rules were adopted by the TOCAPCD on November 22, 1988,
submitted by the CARB for incorporation into the California SIP on
March 26, 1990, and found to be complete on June 20, 1990.
PM emissions can harm human health and the environment. These rules
were adopted as part of KCAPCD, NSAQMD, SJVUAPCD, SCAPCD, THCAPCD, and
TOCAPCD efforts to maintain the National Ambient Air Quality Standard
(NAAQS) for PM-10. The following is EPA's evaluation and final action
for these rules.
III. EPA Evaluation and Action
In determining the approvability of a PM-10 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). EPA must also ensure that rules are enforceable
and strengthen or maintain the SIP's control strategy.
The statutory provisions relating to RACM/RACT and BACM/BACT are
discussed in EPA's ``General Preamble'', which give the Agency's
preliminary views on how EPA intends to act on SIPs submitted under
Title I of the CAA. See 57 FR 13498 (April 16, 1992), 57 FR 18070
(April 28, 1992) and 59 FR 41998 (August 16, 1994). In this rulemaking
action, EPA is applying these policies to this submittal, taking into
consideration the specific factual issues presented.
EPA previously reviewed rules from KCAPCD, NSAQMD, SJVUAPCD,
SCAPCD, THCAPCD, and TOCAPCD and incorporated them into the federally-
approved SIP pursuant to section 110(k)(3) of the CAA.
On September 22, 1972 EPA approved KCAPCD Rule 416, Open Burning,
into the SIP, and on September 22, 1972 and on March 22, 1978, EPA
approved parts of KCAPCD Rule 417, Exceptions, into the SIP. Submitted
KCAPCD Rule 416, Open Burning, combines and replaces these two SIP-
approved rules and strengthens the rule by adding requirements for an
extensive burn plan and a modeling study to limit health risk for open
burning/open detonation activities. Submitted Rule 416 regulates PM-10
emissions from open burning activities other than agricultural burning.
An earlier submittal of Rule 417, Exceptions (to Rule 416), on which no
action was taken, was amended on August 22, 1989, and submitted to EPA
on September 14, 1992. While EPA can only act on the most recently
submitted version, EPA reviewed relevant materials associated with this
superseded earlier version.
On July 6, 1982, EPA approved KCAPCD Rule 417.1, Agricultural
Burning, into the SIP. Submitted KCAPCD Rule 417, Agricultural Burning,
replaces the SIP-approved rule. Submitted Rule 417 provides for the
burning of Tumbleweeds and Star Thistle according to present policy. A
section on rice straw burning, not applicable to the desert region, is
deleted. Rule 417 is at least as stringent as the SIP-approved rule.
There are no superseded submittals of Rule 417 on which EPA has not
acted.
On various dates, EPA approved into the SIP versions of submitted
NSAQMD Rules 302 to 312 from the three individual counties comprising
the NSAQMD. Nevada County Rules 301 to 303 and 316 to 318 were approved
on June 14, 1978 and Rules 320 and 321 were approved on September 14,
1978. Plumas County Rules 301 to 303, 306 to 310, and 312 were approved
on April 23, 1982. Sierra County Rules 301 and 302, 306 to 310, and 312
were approved on April 23, 1982. Submitted NSAQMD Rules 302 to 312,
replace these previous SIP-approved rules and include the following
significant changes:
Burning activities, that were previously allowed on No-
Burn Days, are now prohibited on No-Burn Days and include: Abatement of
fire hazards, instruction of employees in fire-fighting, agricultural
waste burning above 3,000 feet elevation, and residential maintenance
burning.
Burning activities that are now allowed on No-Burn Days,
include: Cooking for humans and burning empty pesticide sacks in the
field.
On balance, the rules are at least as stringent with respect to
activities allowed on No-Burn Days. There are no superseded submittals
of NSAQMD open burning rules on which EPA has not acted.
On October 23, 1989, EPA approved into the SIP a version of Rule
4.3, Non-Agricultural Burning. Submitted SCAPCD Rule 4.3, Non-
Agricultural Burning, replaces the SIP-approved version of the rule.
The rule is strengthened by requiring that the allowance to burn on a
No-Burn Day for cooking of food and for recreational purposes be
carried out only with ``approved combustibles''. There are no
superseded submittals of SCAPCD open burning rules on which EPA has not
acted.
On various dates, EPA approved into the SIP versions of submitted
SJVUAPCD Rule 4302 from the eight individual counties comprising the
SJVUAPCD as follows: Fresno County Rule 417, approved on August 22,
1977; Kern County Rule 418, approved on September 22, 1972; Kings
County Rule 418, approved on August 4, 1978; Madera County Rule 423,
approved on November 18, 1993; Merced County Rule 417, approved on
September 22, 1972; San Joaquin County Rule 417, approved on August 22,
1977; Stanislaus County Rule 417, approved on September 22, 1972; and
Tulare County Rule 418, approved on September 22, 1972. The submitted
SJVUAPCD Rule 4302 replaces all of these previous SIP-approved rules.
Rule 4302 is equally as stringent as the rules of the eight counties
and equally as stringent as the rules of six other California air
pollution control districts. Rule 4302 is determined to meet the
requirements of RACM. There are no superseded submittals of SJVUAPCD
incinerator burning rules on which EPA has not acted.
On various dates, EPA approved into the SIP versions of submitted
SJVUAPCD Rule 4303 from the eight individual counties comprising the
SJVUAPCD as follows: Fresno County Rule 420, approved on September 22,
1972; Kern County Rule 421, approved on September 22, 1972; Kings
County Rule 421, approved on August 4, 1978; Madera County Rule 425,
approved on April 16, 1991; Merced County Rule 420, approved on
September 22, 1972; San Joaquin County Rule 420, approved on August 22,
1977; Stanislaus County Rule 420, approved on September 22, 1972; and
Tulare County Rule 421, approved on September 21, 1977. The submitted
SJVUAPCD Rule 4303
[[Page 45173]]
replaces these previous SIP-approved rules. Rule 4303 is equally as
stringent as the rules of the eight counties and equally as stringent
as the rules of six other California air pollution control districts.
Rule 4303 is determined to meet the requirements of RACM. There are no
superseded submittals of SJVUAPCD orchard heater rules on which EPA has
not acted.
On April 17, 1989, EPA approved into the SIP a version of THCAPCD
Rule 3.12, Wildland Vegetation Management Burning. Submitted THCAPCD
Rule 3.12, Wildland Vegetation Management Burning, replaces the SIP-
approved rule. The rule is strengthened by requiring that vegetation be
in a condition to facilitate combustion and minimize smoke emission.
There are no superseded submittals of THCAPCD open burning rules on
which EPA has not acted.
On May 27, 1982, EPA approved into the SIP Rules 301 to 319. On
November 22, 1988, the TOCAPCD replaced or deleted the SIP-approved
Rules 301 to 319. Submitted TOCAPCD Rules 301 to 310, replace these
rules. The rules are strengthened by the following changes:
Requirements for providing 48-hour and 72-hour burn
advisories are added.
Requirements for regulating forest management burning,
range improvement burning, and wildland vegetation management burning
are added.
The allowance to burn on No-Burn Days for agricultural
waste above 3,000 feet elevation and for agricultural burning above
6,000 feet elevation are eliminated.
There are no superseded submittals of TOCAPCD open burning rules on
which EPA has not acted. EPA is not acting on TOCAPCD Rule 301,
Compliance, submitted on March 26, 1990, because it is not appropriate
for the SIP.
EPA has evaluated the submitted rules and has determined that,
except for TOCAPCD Rule 301, they are consistent with the CAA, EPA
regulations, and EPA policy. Therefore, the following rules are being
approved under section 110(k)(3) of the CAA as meeting the requirements
of section 110(a) and part D:
KCAPCD Rule 416, Open Burning (submitted on October 18,
1996).
KCAPCD Rule 417, Agricultural Burning (submitted on
October 18, 1996).
NSAQMD Rules 302 to 312 (submitted on October 25, 1991):
NSAQMD Rule 302, Prohibited Open Burning.
NSAQMD Rule 303, Allowed Open Burning.
NSAQMD Rule 304, Agricultural Burning.
NSAQMD Rule 305, Range Improvement Burning.
NSAQMD Rule 306, Forest Management Burning.
NSAQMD Rule 307, Wildlands Vegetation Management Burning.
NSAQMD Rule 308, Land Development Clearing.
NSAQMD Rule 309, Ditch, Road and Right-of-Way Maintenance.
NSAQMD Rule 310, Hazard Reduction.
NSAQMD Rule 311, Residential Maintenance.
NSAQMD Rule 312, Burning Permits.
SJVUAPCD Rule 4302, Incinerator Burning (submitted on May
24, 1994).
SJVUAPCD Rule 4303, Orchard Heaters (submitted on May 24,
1994).
SKCAPCD Rule 4.3, Non-Agricultural Burning (submitted on
March 26, 1990).
THCAPCD Rule 3.12, Wildland Vegetation Management Burning
(submitted on May 13, 1991).
TOCAPCD Rules 302 to 310 (submitted on March 26, 1990):
TOCAPCD Rule 302, Burning Requirements.
TOCAPCD Rule 303, Burn or No-Burn Day.
TOCAPCD Rule 304, Burning Management Requirements.
TOCAPCD Rule 305, Minimum Drying Times.
TOCAPCD Rule 306, Agricultural Burning.
TOCAPCD Rule 307, Wildland Vegetation Management.
TOCAPCD Rule 308, Forest Management.
TOCAPCD Rule 309, Range Improvement.
TOCAPCD Rule 310, Miscellaneous Burning.
EPA is approving the replacement or deletion of the cited SIP-
approved rules. A more detailed evaluation can be found in EPA's
evaluation reports for the submitted, deleted, or replaced rules.
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
relevant adverse comments be filed. This rule will be effective October
18, 1999 without further notice unless the Agency receives relevant
adverse comments by September 20, 1999.
If the EPA receives such comments, then EPA will publish a timely
withdrawal 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 October 18,
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
[[Page 45174]]
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
This rule is not subject to E.O. 13045 because it does not involve
decisions intended to mitigate environmental health or safety risks.
D. Executive Order 13084
Under Executive Order 13084, Consultation and Coordination with
Indian Tribal Governments, EPA may not issue a regulation that is not
required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.'' Today's rule
does not significantly or uniquely affect the communities of Indian
tribal governments. Accordingly, the requirements of section 3(b) of
E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because SIP approvals under
section 110 and subchapter I, part D of the Clean Air Act do not create
any new requirements but simply approve requirements that the State is
already imposing. Therefore, because the Federal SIP approval does not
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated annual costs of
$100 million or more to either State, local, or tribal governments in
the aggregate, or to the private sector. This Federal action approves
pre-existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
G. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major'' rule as defined by 5 U.S.C. 804(2).
H. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 18, 1999. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: July 30, 1999.
David P. Howekamp,
Acting Regional Administrator, Region IX.
sPart 52, Chapter I, Title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--[AMENDED]
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
2. Section 52.220 is amended by adding paragraphs (c)(179)(i)(E)(3)
and (G)(2), (c)(184) introductory text, (i)(D) introductory text and
(F)(2), (c)(186)(i)(F), (c)(197)(i)(C)(3), and (c)(241)(i)(D) to read
as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(179) * * *
(i) * * *
(E) * * *
(3) Rule 4.3, adopted on January 24, 1989.
(G) * * *
(2) Rules 302 to 310, adopted on November 22, 1988.
* * * * *
(184) New and amended regulations for the following APCDs were
submitted
[[Page 45175]]
on May 13, 1991, by the Governor's designee.
(i) * * *
(D) San Diego County Air Pollution Control District.
* * * * *
(F) * * *
(2) Rule 3.12, adopted on April 25, 1989.
* * * * *
(186) * * *
(i) * * *
(F) Northern Sierra Air Pollution Control District.
(1) Rules 302 to 312, adopted on November 10, 1988.
* * * * *
(197) * * *
(i) * * *
(C) * * *
(3) Rules 4302 and 4303, adopted on May 21, 1992 and amended on
December 16, 1993.
* * * * *
(241) * * *
(i) * * *
(D) Kern County Air Pollution Control District.
(1) Rules 416 and 417, adopted on April 18, 1972 and amended on
July 11, 1996.
* * * * *
[FR Doc. 99-21164 Filed 8-18-99; 8:45 am]
BILLING CODE 6560-50-P
