[Federal Register Volume 63, Number 114 (Monday, June 15, 1998)]
[Rules and Regulations]
[Pages 32621-32623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15844]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA181-0069; FRL-6110-2]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, South Coast Air Quality Management 
District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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[[Page 32622]]

SUMMARY: EPA is finalizing the approval of revisions to the California 
State Implementation Plan (SIP) proposed in the Federal Register on 
November 8, 1996. The revisions concern rules from the South Coast Air 
Quality Management District. This approval action will incorporate 
these rules into the federally approved SIP. The intended effect of 
approving these rules is to regulate emissions of oxides of nitrogen 
(NOX)and sulfur (SOX) in accordance with the 
requirements of the Clean Air Act, as amended in 1990 (CAA or the Act). 
The rules concern the control of NOX and SOX 
emissions from facilities in the South Coast Air Quality Management 
District (SCAQMD) with four or more tons of NOX or 
SOX emissions per year from permitted equipment. The subject 
facilities, in order to meet annual emission reduction requirements, 
will participate in an economic incentive program (EIP) in order to 
reduce emissions at a significantly lower cost. Thus, EPA is finalizing 
the approval of these revisions 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 nonattainment areas.

EFFECTIVE DATE: This action is effective on July 15, 1998.

ADDRESSES: 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 9, 75 Hawthorne Street, San Francisco, CA 94105
Environmental Protection Agency, Air Docket (6102), 401 ``M'' Street, 
SW, Washington, D.C. 20460
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812
South Coast Air Quality Management District, 21865 East Copley Drive, 
Diamond Bar, CA 91765

FOR FURTHER INFORMATION CONTACT: Andrew Steckel, Rulemaking Office 
(AIR-4), Air Division, U.S. Environmental Protection Agency, Region 9, 
75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-
1185.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The rules being approved into the California SIP include the 
following rules from the South Coast Air Quality Management District 
(SCAQMD): Rule 2000, ``General''; Rule 2001, ``Applicability''; Rule 
2002, ``Allocations for Oxides of Nitrogen (NOX) and Oxides 
of Sulfur (SOX) Emissions''; Rule 2004, ``Requirements''; 
Rule 2005 ``New Source Review for Reclaim''; Rule 2006 ``Permits''; 
Rule 2007 ``Trading Requirements''; Rule 2011 ``Requirements for 
Monitoring, Reporting, and Recordkeeping for Oxides of Sulfur 
(SOX) Emissions''; Rule 2011--Appendix A, ``Protocol for 
Monitoring, Reporting, and Recordkeeping for Oxides of Sulfur 
(SOX) Emissions''; Rule 2012 ``Requirements for Monitoring, 
Reporting, and Recordkeeping for Oxides of Nitrogen (NOX) 
Emissions''; Rule 2012--Appendix A, ``Protocol for Monitoring, 
Reporting, and Recordkeeping for Oxides of Nitrogen (NOX) 
Emissions'' and Rule 2015 ``Backstop Provisions.'' These rules were 
submitted by the California Air Resources Board (CARB) to EPA on August 
28, 1996. These rules were adopted by the SCAQMD on December 7, 1995 
(Rules 2000, 2001, 2002, 2004, 2006, 2007, 2011, 2012, and 2015) and 
May 10, 1996 (Rule 2005).
    This Federal Register action for the South Coast Air Quality 
Management District excludes the Los Angeles County portion of the 
Southeast Desert Air Quality Management Area, 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. 1
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    \1\ The State has recently changed the names and boundaries of 
the air basins located within the Southeast Desert Modified AQMA. 
Pursuant to State regulation the Coachella-San Jacinto Planning Area 
is now part of the Salton Sea Air Basin (17 Cal. Code. Reg. section 
60114); the Victor Valley/Barstow region in San Bernardino County 
and Antelope Valley Region in Los Angeles County is a part of the 
Mojave Desert Air Basin (17 Cal. Code. Reg. section 60109). In 
addition, in 1996 the California Legislature established a new local 
air agency, the Antelope Valley Air Pollution Control District, to 
have the responsibility for local air pollution planning and 
measures in the Antelope Valley Region (California Health & Safety 
Code Sec. 40106).
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II. Background

    On November 8, 1996 in 61 FR 57834, EPA proposed to approve the 
SCAQMD rules listed in the applicability section of this document. 
These rules are part of the South Coast Air Quality Management 
District's Regulation Twenty, the NOX and SOX 
Regional Clean Air Incentives Market (RECLAIM). Revisions to Regulation 
Twenty were adopted by the South Coast Air Quality Management District 
to address all of the deficiencies which EPA identified as necessary to 
be addressed to fully approve the program. These rules were adopted as 
part of South Coast Air Quality Management District's efforts to 
achieve the National Ambient Air Quality Standards (NAAQS) for ozone 
and in response to section 182(f) NOX RACT requirements of 
the Clean Air Act (CAA). A detailed discussion of the background for 
each of the above rules and nonattainment areas is provided in the 
Notice of Proposed Rulemaking (NPRM) cited above.
    EPA has evaluated the above rules for consistency with the 
requirements of the CAA and EPA regulations and EPA interpretation of 
these requirements as expressed in the various EPA policy guidance 
documents referenced in the NPRM cited above. EPA has found that the 
rules meet the applicable EPA requirements. A detailed discussion of 
the rule provisions and evaluations has been provided in the NPRM and 
in the technical support document (TSD), dated August, 1996, which is 
available at EPA's Region 9 office. This final approval of the August 
28, 1996 submittal supersedes the limited disapproval of the March 21, 
1994 submittal and removes the possibility of sanctions associated with 
the final limited approval/limited disapproval published on November 8, 
1996 (see 61 FR 57775). This final approval permanently stops the 
sanction clock.

III. Response to Public Comments

    A 30-day public comment period was provided in 61 FR 57834. EPA 
received no comments.

IV. EPA Action

    EPA is finalizing this action to approve the above rules for 
inclusion into the California SIP. EPA is approving the submittal under 
section 110(k)(3) as meeting the requirements of section 110(a) and 
part D of the CAA. This approval action will incorporate these rules 
into the federally approved SIP. The intended effect of approving these 
rules is to regulate emissions of NOX and SOX in 
accordance with the requirements of the CAA.
    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

[[Page 32623]]

relation to relevant statutory and regulatory requirements.

V. 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, 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 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. Submission to Congress and the General Accounting Office

    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).

E. 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 August 14, 1998. 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).)

F. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks. Executive Order 13045 (62 FR 19885, April 23, 1997), applies to 
any rule that is (1) likely to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If a 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, ``Protection of Children 
from Environmental Health Risks and Safety Risks'' because this is not 
an ``economically significant'' regulatory action as defined by E.O. 
12866, and because it does not involve decisions on environmental 
health or safety risks.

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.

    Incorporation by reference of the State Implementation Plan for the 
State of California was approved by the Director of the Federal 
Register on July 1, 1982.

    Dated: May 4, 1998.
Felicia Marcus,
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)(240)(i)(A)(2), (3), and (4) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (240) * * *
    (i) * * *
    (A) * * *
    (2) Rules 2000, 2001, 2002, 2004, 2006, 2007, 2011, 2011--Appendix 
A, 2012, 2012--Appendix A, and 2015 adopted on October 15, 1993 and 
amended on December 7, 1995.
    (3) Rule 2012(j)(3)--Testing Guidelines (Protocol) for Alternative 
Nitrogen Oxides Emission Rate Determination at Process Units, dated 
March 31, 1994, adopted on December 7, 1995.
    (4) Rule 2005 adopted on October 15, 1993 and amended on May 10, 
1996.
* * * * *
[FR Doc. 98-15844 Filed 6-12-98; 8:45 am]
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