[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