[Federal Register Volume 62, Number 179 (Tuesday, September 16, 1997)]
[Rules and Regulations]
[Pages 48483-48485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24415]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 167-0036a; FRL-5888-6]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision; South Coast Air Quality Management
District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action on revisions to the
California State Implementation Plan (SIP). The revisions concern
emergency episode rules from the South Coast Air Quality Management
District (SCAQMD). This approval action will incorporate one rule into
the federally approved SIP and remove fourteen from the SIP. The
intended effect of approving this rule is to update the episode
criteria and to eliminate redundant reporting requirements 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 submittal, SIPs for national primary and secondary
ambient air quality standards and plan requirements for nonattainment
areas.
DATES: This action is effective on November 17, 1997 unless adverse or
critical comments are received by October 16, 1997. If the effective
date is delayed, a timely notice will be published in the Federal
Register.
ADDRESSES: A copy of the rule and EPA's evaluation report is available
for public inspection at EPA's Region IX office during normal business
hours. A copy of the submitted rule is 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
[[Page 48484]]
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
South Coast Air Quality Management District, 21865 E. Copley Drive,
Diamond Bar, CA 91765.
FOR FURTHER INFORMATION CONTACT: Cynthia G. Allen, Rulemaking Office
(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-
1189.
SUPPLEMENTARY INFORMATION:
Applicability
The rule being approved into the California SIP includes SCAQMD
Rule 701, Air Pollution Emergency Contingency Actions. This rule was
submitted by the California Air Resources Board to EPA on January 31,
1996. The rules being removed from the SIP are SCAQMD Rule 702,
Definitions, Rule 703, Episode Criteria, Rule 704, Episode Declaration,
Rule 705, Termination of Episodes, Rule 706, Episode Notification, Rule
707, Radio Communication System, Rule 708, Plans, Rule 708.1,
Stationary Sources Required to File Plans, Rule 708.2, Content of
Stationary Source Curtailment Plans, Rule 708.3, Transportation
Management Plans, Rule 708.4, Procedural Requirements for Plans, Rule
709, First Stage Episode Actions, Rule 710, Second Stage Episode
Actions, Rule 711, Third Stage Episode Actions, Rule 712, Sulfate
Episode Actions, Rule 713, Interdistrict Coordination, Rule 714, Source
Inspections, and Rule 715, Burning of Fossil Fuel on Episode Days.
Background
On March 3, 1978, EPA promulgated a list of ozone nonattainment
areas under the provisions of the Clean Air Act, as amended in l977
(1977 Act or pre-amended Act), that included the South Coast Air
Quality Management District. 43 FR 8964, 40 CFR 81.305. The reqirements
for the Prevention of Air Pollution Emergency Episodes for sulfur
dioxide, carbon monoxide, nitrogen dioxide, ozone and particulate
matter are located in 40 CFR part 51, subpart H. These requirements
include provisions for classification of regions for episodes plans,
significant harm levels, contingency plans and re-evaluation of episode
plans. SCAQMD previously adopted Rules 701-715 in response to these
reqirements. SCAQMD Rule 701 has now been revised to include all of the
requirements previously found in these Rules.
Rule 701 was adopted by SCAQMD on September 8, 1995 and submitted
by the State of California for incorporation into its SIP on January
31, 1996. This rule was found to be complete on April 2, 1996, pursuant
to EPA's completeness criteria that are set forth in 40 CFR part 51,
appendix V 1 and is being finalized for approval into the
SIP.
---------------------------------------------------------------------------
\1\ 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).
---------------------------------------------------------------------------
The following is EPA's evaluation and final action for this rule.
EPA Evaluation and Action
In determining the approvability of a Emergency Episode 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 today's action, appears in various EPA policy
guidance documents.
Those rules that are being rescinded by today's action are listed
below. EPA previously approved all these rules into the SIP.
Rule 702, Definitions, submitted 08/15/80 and 04/23/80
Rule 703, Episode Criteria, submitted 04/23/80
Rule 704, Episode Declaration, submitted 04/23/80
Rule 705, Termination of Episodes, submitted 04/23/80
Rule 706, Episode Notification, submitted 04/23/80
Rule 707, Radio Communication System, submitted 08/15/80
Rule 708, Plans, submitted 08/15/80
Rule 708.1, Stationary Sources Required to File Plans, 06/01/
77
Rule 708.2, Content of Stationary Source Curtailment Plans,
11/04/77
Rule 708.3, Transportation Management Plans, submitted 11/08/
82
Rule 708.4, Procedural Requirements for Plans, submitted 08/
15/80
Rule 709, First Stage Episode Actions, submitted 08/15/80; 04/
23/80; and 04/02/80
Rule 710, Second Stage Episode Actions, submitted 08/15/80 and
04/23/80
Rule 711, Third Stage Episode Actions, submitted 08/15/80 and
04/23/80
Rule 713, Interdistrict Coordination, submitted 04/23/80
Rule 714, Source Inspections, submitted 04/23/80
Rule 715, Burning of Fossil Fuel on Episode Days, submitted
04/23/80
A revised version of rule 701 was adopted on September 8, 1995 and
submitted to EPA on January 31, 1996.
EPA has evaluated the submitted rule and has determined that it is
consistent with the CAA, EPA regulations, and EPA policy. Rule 701, Air
Pollution Emergency Contingency Action, has been revised by
consolidating the provisions of existing Rules 702 through 715 into
amended Rule 701. These modifications are generaly administrative in
nature, and in no case does this action represent a relaxation of an
EPA approved requirement. Therefore, SCAQMD's Rule 701, Air Pollution
Emergency Contingency Action, is being approved under section 110(k)(3)
of the CAA as meeting the requirements of section 110(a) and part D.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future 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.
EPA is publishing this document without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be files. This action will be
effective November 17, 1997 unless, by October 16, 1997, adverse or
critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective November 17, 1997.
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
[[Page 48485]]
impact on a substantial number of small entities. Small entities
include small businesses, small not-for-profit enterprises and
government entities with jurisdiction over population of less than
$50,000.00.
SIP approvals under sections 110 and 301(a) and subchapter I, part
D of the CAA do not create any new requirements, but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP approval does not impose any new requirements. I certify
that it does not have a significant impact on any small entities
affected. Moreover, due to the nature of the Federal-state relationship
under the CAA, preparation of a regulatory flexibility analysis would
constitute Federal inquiry into the economic reasonableness of state
action. The CAA forbids EPA to base its action concerning SIPs on such
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 256-66 (S.Ct.
1976); 42 U.S.C. 7410(a)(2).
Unfunded Mandates Reform Act
Under sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under part D of the Clean Air
Act. These rules may bind State, local, and tribal governments to
perform certain actions and also require the private sector to perform
certain duties. The rules being approved by this actin will impose no
new requirements because affected sources are already subject to these
regulations under State law. Therefore, no additional costs to State,
local, or tribal governments or to the private sector result from this.
EPA has determined that this final action does not include a mandate
that may result in estimated costs of $100 million or more to State,
local, or tribal governments in the aggregate or to the private sector.
Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this action and other required information to the U.S.
Senate, the U.S. House of Representatives and the Comptroller General
of the General Accounting Officeprior to publication of this action in
today's Federal Register. This action is not a ``major action'' as
defined by 5 U.S.C. 804(2).
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures the Federal Register
on January 19, 1989 (54 FR 2214-2225), as revised by a July 10, 1995
memorandum from Mary Nichols, published in Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this action from review under Executive Order 12866 review.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements.
Dated: August 22, 1997.
John Wise,
Acting Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart F--California
2. Section 52.220 is amended by adding paragraph (c)(229)(i)(A)(2)
to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(229) * * *
(i) * * *
(A) * * *
(2) Rule 701, adopted on September 9, 1995.
* * * * *
[FR Doc. 97-24415 Filed 9-15-97; 8:45 am]
BILLING CODE 6560-50-F
