[Federal Register Volume 63, Number 170 (Wednesday, September 2, 1998)]
[Rules and Regulations]
[Pages 46659-46662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23328]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 212-0092a; FRL-6142-5]


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.

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SUMMARY: EPA is taking direct final action on revisions to the 
California State Implementation Plan. The revisions concern rules from 
the South Coast Air Quality Management District (SCAQMD). This approval 
action will incorporate these rules into the federally approved SIP. 
The intended effect of approving these rules is to regulate emissions 
of particulate matter (PM) in accordance with the requirements of the 
Clean Air Act, as amended in 1990 (CAA or the Act). The rules control 
PM emissions from stationary sources, including process industries and 
cement plants. Thus, EPA is finalizing the approval of these rules into 
the California SIP under provisions of the CAA regarding EPA action on 
SIP submittals, SIPs for national primary and secondary ambient air 
quality

[[Page 46660]]

standards, and plan requirements for nonattainment areas.

DATES: This rule is effective on November 2, 1998 without further 
notice, unless EPA receives adverse comments by October 2, 1998. If EPA 
receives such comments, then it will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Comments must be submitted to Andrew Steckel at the Region 
IX office listed below. Copies of the rules and EPA's evaluation report 
for the rules are available for public inspection at EPA's Region IX 
office during normal business hours. Copies of the submitted rules 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, 
SW., Washington, DC 20460
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812
South Coast Air Quality Management District, 21865 E. Copley Drive, 
Diamond Bar, CA 91765

FOR FURTHER INFORMATION CONTACT: Patricia Bowlin, Rulemaking Office 
(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX, 
75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-
1188.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The rules being approved into the California SIP include: SCAQMD 
Rule 404, Particulate Matter--Concentration; Rule 405, Solid 
Particulate Matter--Weight; and Rule 1112.1, Emissions of Particulate 
Matter from Cement Kilns. These rules were submitted by the California 
Air Resources Board to EPA on June 4, 1986.

II. Background

    On March 3, 1978, EPA promulgated a list of total suspended 
particulate (TSP) nonattainment areas under the provisions of the 1977 
Clean Air Act (1977 CAA or pre-amended Act), that included the South 
Coast Air Basin (43 FR 8964; 40 CFR 81.305). On July 1, 1987 (52 FR 
24672) EPA replaced the TSP standards with new PM standards applying 
only to PM up to 10 microns in diameter (PM-10).1 On 
November 15, 1990, amendments to the 1977 CAA were enacted. Pub. L. 
101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q. On the date 
of enactment of the 1990 CAA Amendments, PM-10 areas meeting the 
qualifications of section 107(d)(4)(B) of the Act were designated 
nonattainment by operation of law and classified as moderate pursuant 
to section 188(a). The South Coast Air Basin and the Coachella Valley 
Planning Area (which is also under SCAQMD's jurisdiction) were among 
the areas designated nonattainment. On February 8, 1993, EPA re-
classified five moderate non-attainment areas to serious nonattainment, 
including the South Coast Air Basin and the Coachella Valley Planning 
Area. See 58 FR 3334 (January 1, 1993). This Federal Register action 
for the SCAQMD excludes the Los Angeles County portion of the Southeast 
Desert AQMA, 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, 1997.2
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    \1\ On July 18, 1997 EPA promulgated revised and new standards 
for PM-10 and PM-2.5 (62 FR 38651). EPA has not yet established 
specific plan and control requirements for the revised and new 
standards. This action is part of SCAQMD's efforts to achieve 
compliance with the 1987 PM-10 standards.
    \2\ 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. 
Sec. 60114); the Victor Valley/Barstow Region in San Bernardino 
County and the Antelope Valley Region in Los Angeles County are a 
part of the Mojave Desert Air Basin (17 Cal. Code. Reg. Sec. 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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    Section 189(a) of the CAA requires moderate PM-10 nonattainment 
areas to adopt reasonably available control measures (RACM), including 
reasonably available control technology (RACT) for stationary sources 
of PM-10. Section 189(b) of the CAA requires serious nonattainment 
areas to adopt best available control measures (BACM), including best 
available control technology (BACT).
    In response to section 110(a) and part D of the Act, the State of 
California submitted many PM-10 rules for incorporation into the 
California SIP on June 4, 1986, including the rules being acted on in 
this document. This document addresses EPA's direct-final action for 
SCAQMD Rule 404, Particulate Matter--Concentration; Rule 405, Solid 
Particulate Matter--Weight; and Rule 1112.1, Emissions of Particulate 
Matter from Cement Kilns. SCAQMD adopted these rules on February 7, 
1986. These submitted rules are being finalized for approval into the 
SIP.
    SCAQMD Rule 404 and Rule 405 are general PM rules that limit the 
concentration and rate of PM emissions from stationary sources. SCAQMD 
Rule 1112.1 limits PM emissions from cement plants. PM emissions can 
harm human health and the environment. These rules were originally 
adopted as part of SCAQMD's effort to achieve the National Ambient Air 
Quality Standard (NAAQS) for TSP. The following is EPA's evaluation and 
final action for these rules.

III. EPA Evaluation and Action

    In determining the approvability of a PM-10 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). EPA must also ensure that rules are enforceable 
and strengthen or maintain the SIP's control strategy.
    The statutory provisions relating to RACM/RACT and BACM/BACT are 
discussed in EPA's ``General Preamble'', which provides the Agency's 
preliminary views on how EPA intends to act on SIPs submitted under 
Title I of the CAA. See 57 FR 13498 (April 16, 1992), 57 FR 18070 
(April 28, 1992), and 59 FR 41998 (8/16/94). In this rulemaking action, 
EPA is applying these policies, taking into consideration the specific 
factual issues presented.
    On September 28, 1981 EPA approved into the SIP versions of SCAQMD 
Rule 404, Particulate Matter--Concentration, and Rule 405, Solid 
Particulate Matter--Weight, that had been adopted on October 5, 1979. 
The submitted versions of Rule 404 and Rule 405 contain the same 
requirements as the current SIP rules but have been revised to exempt 
sources subject to SCAQMD Rule 1112.1, Emissions of Particulate Matter 
from Cement Kilns.
    There is currently no version of SCAQMD Rule 1112.1, Emissions of 
Particulate Matter from Cement Kilns, in the SIP. The submitted rule 
applies to gray cement plants and includes the following provisions:
     Emission limit of 0.40 pounds per ton of kiln feed for 
plants with kiln feed rates of less than 75 tons per hour (tph)
     Emission limit of 30 pounds per hour for plants with kiln 
feed rates of 75 tph or greater.
    EPA has evaluated the submitted rules and has determined that they 
fulfill the RACT requirements of CAA

[[Page 46661]]

section 189(a). In subsequent action on the SCAQMD PM-10 BACM Plan, EPA 
will determine if the submitted rules also fulfill the BACT 
requirements of CAA section 189(b).
    SCAQMD Rule 404, Particulate Matter--Concentration; SCAQMD Rule 
405, Solid Particulate Matter--Weight; and SCAQMD Rule 1112.1, 
Emissions of Particulate Matter from Cement Kilns, are consistent with 
the CAA, EPA regulations, and EPA PM-10 RACT policy. Therefore, the 
rules are being approved under section 110(k)(3) of the CAA as meeting 
the requirements of sections 110(a) and part D. A more detailed 
evaluation can be found in EPA's evaluation report for these rules.
    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 rule without prior proposal because the 
Agency views this as a noncontroversial revision 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 
November 2, 1998 without further notice unless the Agency receives 
relevant adverse comments by October 2, 1998.
    If the EPA receives such comments, then EPA will publish a timely 
withdrawal of the direct final rule 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 on this rule. 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 will be effective on November 2, 1998 and no further action will 
be taken on the proposed rule.

IV. Administrative Requirements

A. Executive Orders 12866 and 13045

    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 
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 this approval action 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. Sec. 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 November 2, 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, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Particulate matter.

    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 31, 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.

[[Page 46662]]

Subpart F--California

    2. Section 52.220 is amended by adding paragraph (c)(169) to read 
as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (169) New and amended regulations submitted on June 4, 1986 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rules 404 and 405 adopted on May 7, 1976 and amended on 
February 7, 1986. Rule 1112.1 adopted on February 7, 1986.
* * * * *
[FR Doc. 98-23328 Filed 9-1-98; 8:45 am]
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