[Federal Register Volume 63, Number 244 (Monday, December 21, 1998)]
[Rules and Regulations]
[Pages 70348-70350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33735]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 152-0104a FRL-6189-9]


Approval and Promulgation of State Implementation Plans; 
California State Implementation Plan Revision; Kern County Air 
Pollution Control 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 (SIP). The revisions concern rules 
from the Kern County Air Pollution Control District (KCAPCD). This 
action will remove these rules from the Federally approved SIP. The 
intended effect of this action is to remove rules from the SIP that are 
no longer in effect in KCAPCD, in accordance with the requirements of 
the Clean Air Act, as amended in 1990 (CAA or the Act). Thus, EPA is 
finalizing the removal of these rules 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 February 19, 1999, without further 
notice, unless EPA receives adverse comments by January 20, 1999. If 
EPA receives such comment, 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 these rules, along with 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 requests for rescission 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 95814.
    Kern County Air Pollution Control District, 2700 M Street, Suite 
290, Bakersfield, CA 93003.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, Rulemaking Office 
(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX, 
75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-
1197.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The KCAPCD rules being removed from the California SIP include: 
Rule 404, Particulate Matter Concentration--Valley Basin; Rule 408, 
Fuel Burning Equipment--Valley Basin, Rule 411.1, Steam-enhanced Crude 
Oil Production Well Vents; Rule 414.2, Refinery Process Vacuum 
Producing Devices or Systems; Rule 414.3, Refinery Process Unit 
Turnaround; and Rule 414.4, Polystyrene Foam Manufacturing. These rules 
were repealed by KCAPCD on April 6, 1995, and submitted by the 
California Air Resources Board (CARB) to EPA on May 25, 1995 for 
removal from the SIP.

II. Background

    On March 3, 1978, EPA promulgated a list of ozone nonattainment 
areas under the provisions of the Clean Air Act, as amended in 1977 
(1977 Act or

[[Page 70349]]

pre-amended Act), that included the San Joaquin Valley Area which 
encompassed the following eight air pollution control districts 
(APCDs): Fresno County APCD, Kern County APCD,1 Kings County 
APCD, Madera County APCD, Merced County APCD, San Joaquin County APCD, 
Stanislaus County APCD, and Tulare County APCD. See 43 FR 8964, 40 CFR 
81.305. On March 20, 1991, the San Joaquin Valley Unified APCD 
(SJVUAPCD) was formed. The SJVUAPCD has authority over the San Joaquin 
Valley Air Basin which includes all of the above eight counties except 
for the Southeast Desert Air Basin portion of Kern County. Thus, Kern 
County Air Pollution Control District still exists, but only has 
authority over the Southeast Desert Air Basin portion of Kern County.
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    \1\ At that time, Kern County included portions of two air 
basins: the San Joaquin Valley Air Basin and the Southeast Desert 
Air Basin. The San Joaquin Valley Air Basin portion of Kern County 
was designated as nonattainment, and the Southeast Desert Air Basin 
portion of Kern County was designated as unclassified. See 40 CFR 
81.305 (1991).
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    The rules being addressed in this action were adopted by the KCAPCD 
prior to the formation of the SJVUAPCD. These rules were originally 
adopted to control particulate matter emissions in the San Joaquin 
Valley Air Basin, emissions from fuel burning equipment in the San 
Joaquin Valley Air Basin, and volatile organic compound (VOC) emissions 
from steam-enhanced crude oil production well vents, refinery process 
vacuum producing devices, refinery process unit turnarounds, and 
polystyrene foam manufacturing. However, all sources subject to these 
rules are located in the San Joaquin Valley Air Basin portion of Kern 
County, and therefore are under the jurisdiction of SJVUAPCD, where 
these rules remain in effect until the SJVUAPCD adopts a replacement 
rule. Due to a lack of sources in the district, these rules were 
rescinded by the KCAPCD on April 6, 1995, and submitted by CARB to EPA 
on May 25, 1995 for removal from the KCAPCD portion of the California 
SIP.

III. EPA Action

    The KCAPCD rules that are being rescinded by today's action are 
listed below. EPA previously approved all these rules into the 
California SIP:
     Rule 404, Particulate Matter Concentration--Valley Basin, 
submitted May 25, 1995.
     Rule 408, Fuel Burning Equipment--Valley Basin, submitted 
May 25, 1995.
     Rule 411.1, Steam-enhanced Crude Oil Production Well 
Vents, submitted May 25, 1995.
     Rule 414.2, Refinery Process Vacuum Producing Devices or 
Systems, submitted May 25, 1995.
     Rule 414.3, Refinery Process Unit Turnaround, submitted 
May 25, 1995.
     Rule 414.4, Polystyrene Foam Manufacturing, submitted May 
25, 1995.
    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 notice 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 this SIP revision should 
adverse comments be filed. This rule will be effective February 19, 
1999, without further notice unless the Agency receives adverse 
comments by January 20, 1999.
    If EPA receives such comments, then EPA will publish a document 
withdrawing this 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 
on this action should do so at this time. If no such comments are 
received, the public is advised that this rule will be effective on 
February 19, 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, entitled 
``Regulatory Planning and Review.''

B. Executive Order 12875

    Under E.O. 12875, 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. If the mandate is unfunded, EPA must 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 written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, E.O. 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 E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects 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 necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must 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

[[Page 70350]]

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 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. This action does not involve 
or impose any requirements that affect Indian Tribes. 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 February 19, 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

    Volatile organic compounds.

    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: November 9, 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)(24)(vii)(E), 
(c)(52)(i)(C), (c)(67)(iii)(C), (c)(75)(iii), (c)(101)(ii)(F), and 
(c)(140)(ii)(B) to read as follows:


Sec. 52.220  Identification of Plan.

* * * * *
    (C) * * *
    (24) * * *
    (vii) * * *
    (E) Previously approved on August 22, 1977 and now deleted with 
replacement Rule 404 (valley basin only).
* * * * *
    (52) * * *
    (i) * * *
    (C) Previously approved on August 21, 1981 and now deleted without 
replacement Rule 414.2 (valley basin only).
* * * * *
    (67) * * *
    (iii) * * *
    (C) Previously approved on July 8, 1982 and now deleted without 
replacement Rule 411.1 (valley basin only).
* * * * *
    (75) * * *
    (iii) Previously approved on August 21, 1981 and now deleted 
without replacement Rule 414.3 (valley basin only).
* * * * *
    (101) * * *
    (ii) * * *
    (F) Previously approved on October 11, 1983 and now deleted without 
replacement Rule 414.4 (valley basin only).
* * * * *
    (140) * * *
    (ii) * * *
    (B) Previously approved on May 3, 1994 and now deleted without 
replacement Rule 408 (valley basin only).
* * * * *
[FR Doc. 98-33735 Filed 12-18-98; 8:45 am]
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