[Federal Register Volume 64, Number 189 (Thursday, September 30, 1999)]
[Rules and Regulations]
[Pages 52652-52654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25304]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 198-0175a; FRL-6445-6]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, San Luis Obispo County Air
Pollution Control District, South Coast Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action on revisions to the
California State Implementation Plan. The revisions concern the
recision of rules from the San Luis Obispo County Air Pollution Control
District (SLOCAPCD) and the South Coast Air Quality Management District
(SCAQMD). The intended effect of this action is to bring the SLOCAPCD
and the SCAQMD State Implementation Plans (SIP) up to date in
accordance with the requirements of the Clean Air Act, as amended in
1990 (CAA or the Act). EPA is finalizing the approval of these
recisions from 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: This rule is effective on November 29, 1999, without further
notice, unless EPA receives adverse comments by November 1, 1999. If
EPA receives such comment, it will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Written comments must be submitted to Andrew Steckel, Chief,
Rulemaking Office, Air Division at the Region IX office listed below.
Copies of the rule revisions and EPA's evaluation report for each rule
are available for public inspection at EPA's Region IX office during
normal business hours. Copies of the submitted rule revisions 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, S.W., Washington, D.C. 20460
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812
San Luis Obispo County Air Pollution Control District 3433 Roberto
Court, San Luis Obispo, California 93401
South Coast Air Quality Management District, 21865 East Copley
Drive, Diamond Bar, California 91765-4182
FOR FURTHER INFORMATION CONTACT: Julie A. Rose, Rulemaking Office, AIR-
4, Air Division, U.S. Environmental Protection Agency, Region IX, 75
Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1184.
SUPPLEMENTARY INFORMATION:
I. Applicability
The rules being approved for recision from the California SIP
include: SLOCAPCD Rule 102, Compliance by Existing Installation,
SLOCAPCD Rule 408, Gasoline Specifications, and SCAQMD Rule 432,
Gasoline Specifications. The SLOCAPCD rule recisions were submitted by
the California Air Resources Board (CARB)
[[Page 52653]]
to EPA on August 1, 1997 and the SCAQMD rule recision was submitted by
CARB on September 29, 1998.
II. Background
The Clean Air Act of 1970 (CAA or the Act) requires the states to
develop SIPs to enable local districts to attain and maintain the
national ambient air quality standards. The rule recisions listed above
will not directly affect emission reductions. The requirements of the
rescinded rules have been adopted by the state or incorporated into
other rules at the district.
The State of California submitted these rule recisions for
incorporation into its SIP on August 1, 1997 and September 29, 1998.
This document addresses EPA's direct-final action for SLOCAPCD Rule
102, Compliance by Existing Installation, SLOCAPCD Rule 408, Gasoline
Specifications, and SCAQMD Rule 432, Gasoline Specifications. SLOCAPCD
rescinded Rule 102 and Rule 408 on March 26, 1997 and SCAQMD rescinded
Rule 432 on July 10, 1998. The recision of SLOCAPCD Rules 102 and 408
was found to be complete on September 30, 1997 and the recision of
SCAQMD Rule 432 was found to be complete on January 26, 1999. These
rule recisions were found complete pursuant to EPA's completeness
criteria that are set forth in 40 CFR part 51, appendix V 1
and are being finalized for approval into the SIP.
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\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).
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SLOCAPCD Rule 102, Compliance by Existing Installation, was created
to bring existing installations into conformity with the District rules
and regulations as adopted in 1976. Since that time, Rule 202, Permits,
was adopted and approved and is sufficient to achieve compliance with
the SLOCAPCD rules and regulations and the previous goals of Rule 102.
Because Rule 102 is no longer necessary and, therefore, redundant, the
rule was rescinded by the district governing board.
SLOCAPCD Rule 408, Gasoline Specifications and SCAQMD, Rule 432,
Gasoline Specifications prohibit the sale or supply of gasoline with a
degree of unsaturation greater than Bromine Number 30. The California
Legislature adopted a bill which delegates the authority to regulate
and enforce fuel specifications to the California Air Resources Board
(CARB). As a result of the legislation, the requirements of SLOCAPCD
Rule 408 and SCAQMD Rule 432 are no longer in effect, therefore, these
rules were repealed by their respective district governing boards.
III. EPA Evaluation and Action
EPA has evaluated all the appropriate background and submittal
documentation for these recisions. EPA has determined that the recision
of SLOCAPCD Rule 102 is approvable since the requirements for permit
compliance are embodied in SLOCAPCD Rule 202.
EPA has also determined that the recision of SLOCAPCD Rule 408 and
SCAQMD Rule 432 is approvable since the CARB now regulates fuel
specifications.
The rule recisions are consistent with the CAA, EPA regulations,
and EPA policy. Therefore, the recision of SLOCAPCD Rules 102 and 408
and SCAQMD Rule 432 are being approved under section 110(k)(3) of the
CAA as meeting the requirements of section 110(a) and part D.
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 November 29,
1999, without further notice unless the Agency receives adverse
comments by November 1, 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. 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 is
effective on November 29, 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 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
[[Page 52654]]
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 November 29, 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, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: September 14, 1999.
Keith Takata,
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 paragraphs (c)(32)(iv)(F)
and (35)(xii)(G) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(32) * * *
(iv) * * *
(F) Previously approved on June 14, 1978 and now deleted without
replacement Rule 432.
* * * * *
(35) * * *
(xii) * * *
(G) Previously approved on August 4, 1978 and now deleted without
replacement Rules 102 and 408.
* * * * *
[FR Doc. 99-25304 Filed 9-29-99; 8:45 am]
BILLING CODE 6560-50-U
