[Federal Register Volume 63, Number 147 (Friday, July 31, 1998)]
[Rules and Regulations]
[Pages 40830-40831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20508]

[[Page 40830]]



40 CFR Part 52

[CA 071-0069; FRL-6129-5]

Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision; Mendocino County Air Quality 
Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.


SUMMARY: EPA is taking direct final action to approve revisions to the 
California State Implementation Plan (SIP). This action is an 
administrative change which revises the definitions in Mendocino County 
Air Quality Management District (MCAQMD or District) Rule 130, 
Definitions. The intended effect of approving this action is to 
incorporate changes to the definitions for clarity and consistency with 
revised federal and state definitions. This approval action will 
incorporate these definitions into the Federally approved SIP. 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.

DATES: This rule will become effective on September 29, 1998, without 
further notice, unless EPA receives relevant adverse comments by August 
31, 1998. If EPA receives such comment, then it will publish a document 
in the Federal Register informing the public that this rule will not 
take effect.

ADDRESSES: Copies of the rule revision and EPA's evaluation report of 
each rule are available for public inspection at EPA's Region IX office 
during normal business hours. Copies of the submitted rule revisions 
are also 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.
Mendocino County Air Quality Management District, 306 East Gobbi 
Street, Ukiah, California 95482.

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 94105-3901, Telephone: (415) 


I. Applicability

    The rule being approved into the California SIP is: Mendocino 
County Air Quality Management District Rule 130, Definitions. This rule 
was submitted by the California Air Resources Board to EPA on November 
18, 1993.

II. Background

    On March 3, 1978, EPA promulgated a list of nonattainment areas 
under the provisions of the Clean Air Act, as amended in 1977 (1977 Act 
or pre-amended Act), that listed Mendocino County as attainment or 
unclassifiable for all pollutants, see 43 FR 8964, 40 CFR 81.305. In 
response to the section 110(a) of the Act and other requirements, the 
MCAQMD submitted many rules which EPA approved into the SIP.
    This document addresses EPA's direct-final action for the following 
MCAQMD rule: Rule 130, Definitions. This rule was adopted by MCAQMD on 
April 6, 1993, and submitted by the State of California for 
incorporation into its SIP on November 18, 1993. This rule was found to 
be complete on December 27, 1993, 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. This rule was 
originally adopted as part of MCAQMD's efforts to achieve and maintain 
the National Ambient Air Quality Standards (NAAQS).

    \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.

III. EPA Evaluation and Action

    In determining the approvability of a 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 this action, appears in various EPA policy 
guidance documents.2

    \2\ Among other things, the pre-amendment guidance consists of 
those portions of the proposed post-1987 ozone and carbon monoxide 
policy that concern RACT, 52 FR 45044 (November 24, 1987); ``Issues 
Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, 
Clarification to Appendix D of November 24, 1987 Federal Register 
Notice'' (Blue Book) (notice of availability was published in the 
Federal Register on May 25, 1988).

    EPA previously reviewed many rules from the MCAQMD and incorporated 
them into the federally approved SIP pursuant to section 110(k)(3) of 
the CAA. Those definitions that are being superseded by today's action 
are as follows:
     Rule 130, Definitions:
(p5)  Prevention of Significant Deterioration
    (PSD)  Increment (submitted 08/08/82)
(t2) Trade Secrets (submitted 04/17/80)

    The following revisions were made in MCAQMD Rule 130, Definitions:

(p6)  ``Prevention of Significant Deterioration Increment'' is being 
amended to bring it into conformity with federal regulations; (t2) 
``Toxic Air Contaminant'' is being renumbered and amended for clarity; 
and (t3) ``Trade Secrets'' is being renumbered.

    EPA has evaluated the submitted rule and has determined that it 
allows proper implementation of rules previously approved into the SIP, 
and does not relax the requirements of those rules. Therefore, MCAQMD 
Rule 130, Definitions, is being approved under section 110(k)(3) of the 
CAA as meeting the requirements of section 110(a) and part D. Future 
action by EPA on prohibitory, new source review, or other MCAQMD rules 
may require changes to these definitions.
    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 
relation to relevant statutory and regulatory requirements.
    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 
September 29, 1998, without further notice unless the Agency receives 
relevant adverse comments by August 31, 1998.

[[Page 40831]]

    If the EPA received such comments, then EPA will publish a document 
withdrawing the final rule and 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 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on September 29, 1998, 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 E.O. 12866 review.
    The final rule is not subject to E.O. 13045, entitled ``Protection 
of Children from Environmental Health Risks and Safety Risks,'' because 
it is not an ``economically significant'' action under E.O. 12866.

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 
    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 

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 September 29, 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)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compound.

    Note: 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: July 8, 1998.
Felicia Marcus,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:


    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 paragraph (c)(194)(i)(G) to 
read as follows:

Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (194) * * *
    (i) * * *
    (G) Mendocino County Air Quality Management District.
    (1) Rule 130 (p6), (t2), and (t3) adopted April 6, 1993.
* * * * *
[FR Doc. 98-20508 Filed 7-30-98; 8:45 am]