[Federal Register Volume 63, Number 251 (Thursday, December 31, 1998)]
[Rules and Regulations]
[Pages 72197-72200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34698]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA-207-0088; FRL; 6211-2]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Antelope Valley Air Pollution 
Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action on a revision to the 
California State Implementation Plan. This action is an administrative 
change that revises three administrative rules in the Antelope Valley 
Air Pollution Control District (AVAPCD or District). The intended 
effect of approving this action is to federally recognize the newly 
established AVAPCD and to notify the public that the AVAPCD has assumed 
all air pollution control responsibilities from the South Coast Air 
Quality Management District in the Los Angeles County portion of the 
Mojave Desert Air Basin effective July 1, 1997.

DATES: This action is effective on March 1, 1999 unless adverse or 
critical comments are received by February 1, 1999. If EPA receives 
such comments,

[[Page 72198]]

then it will publish a timely withdrawal in the Federal Register 
informing the public that this rule will not take effect.

ADDRESSES: Copies of the rule revisions and EPA's evaluation report 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 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
Antelope Valley Air Pollution Control District, 315 West Pondera 
Street, Suite C, Lancaster, CA 93539-1409

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:

I. Applicability

    The rules being approved into the California SIP are: AVAPCD Rule 
101, Title, Rule 102, Definition of Terms, and Rule 103, Definition of 
Geographical Areas, submitted on March 10, 1998, by the California Air 
Resources Board.

II. Background

    Portions of the South Coast Air Basin are currently nonattainment 
for ozone, particulate matter, and other national ambient air quality 
standards (40 CFR 81.305). As a result, the South Coast AQMD has 
submitted and EPA has approved many rules to fulfill the requirements 
for nonattainment areas described in section 110 and elsewhere in the 
Clean Air Act.
    The AVAPCD assumed all air pollution control responsibilities from 
the South Coast Air Quality Management District (SCAQMD) in the Los 
Angeles County portion of the Mojave Desert Air Basin (previously in a 
portion of the former Southeast Desert Air Basin) effective July 1, 
1997. The AVAPCD adopted the SCAQMD Rulebook on July 1, 1997 when it 
assumed the air pollution control responsibilities from SCAQMD in the 
Antelope Valley. The amendments reflect Antelope Valley's air quality 
designation and classification.
    This document addresses EPA's direct-final action for the following 
AVAPCD rules: Rule 101, Title; Rule 102, Definition of Terms; and Rule 
103, Definition of Geographical Areas. The amendments to Rules 101 and 
102 remove references to the SCAQMD and Executive Officer, and provide 
certain cross-references in the AVAPCD Rule Book. These rules were 
adopted by AVAPCD on August 19, 1997 and September 16, 1997, and 
submitted by the State of California for incorporation into its SIP on 
March 10, 1998. These rules were found to be complete on May 21, 1998, 
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. These rules were originally adopted as part of efforts to 
achieve the National Ambient Air Quality Standards (NAAQS) for ozone 
and in response to EPA's SIP-Call and the section 182(a)(2)(A) CAA 
requirement. The following is EPA's evaluation and final action for 
these rules.
---------------------------------------------------------------------------

    \1\ EPA adopted the completeness criteria on February 16, 1990 
(55 FR 5830) and, pursuant to section (110)(k)(1) of the CAA, 
revised the criteria on August 26, 1991 (56 FR 42216).
---------------------------------------------------------------------------

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 
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 Deviation, 
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); and the existing control 
technique guidelines (CTGs).
---------------------------------------------------------------------------

    EPA has previously reviewed many rules from AVAPCD's predecessor 
agency, SCAQMD, and incorporated them into the federally approved SIP 
for SCAQMD pursuant to section 110(k)(3) of the CAA. The AVAPCD 
recognizes that all SIP revisions submitted by its predecessor agency 
SCAQMD and approved by the United States Environmental Protection 
Agency (USEPA) prior to July 1, 1997, remain in effect and are fully 
enforceable in the AVAPCD jurisdiction until USEPA approves SIP 
revisions submitted by AVAPCD to supersede them.
    In a Resolution dated July 1, 1997, the AVAPCD Board affirms that 
the Rules and Regulations of the SCAQMD will be effective in the AVAPCD 
until AVAPCD adopts rules and regulations that supercede them.
    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations, and EPA policy. 
Therefore, AVAPCD Rule 101, Title; Rule 102, Definition of Terms; and 
Rule 103, Definition of Geographical Areas, are being approved under 
section 110(k)(3) of the CAA as meeting the requirements of section 
110(a) and part D.
    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 March 
1, 1999 without further notice unless the Agency receives relevant 
adverse comments by February 1, 1999.
    If the EPA receives 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 on the rule. Any parties interested 
in commenting on the rule should do so at this time. If no such 
comments are received, the public is advised that this rule will be 
effective on March 1, 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

[[Page 72199]]

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 
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 March 1, 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

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements, 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.


[[Page 72200]]


    Date: December 4, 1998.
Laura Yoshii,
Acting Regional Administrator, EPA, Region IX.

    Part 52, chapter I, title of 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 paragraph (c)(254)(i)(E) to 
read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (254) * * *
    (i) * * *
    (E) Antelope Valley Air Pollution Control District.
    (1) Resolution No. 97-01 dated July 1, 1997.
    (2) Rules 101 and 102 amended on August 19, 1997 and Rule 103 
amended on September 16, 1997.
* * * * *
[FR Doc. 98-34698 Filed 12-30-98; 8:45 am]
BILLING CODE 6560-50-P