[Federal Register Volume 64, Number 92 (Thursday, May 13, 1999)]
[Rules and Regulations]
[Pages 25828-25831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11999]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA012-0144a, FRL-6335-3]


Approval and Promulgation of Implementation Plan for South Coast 
Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is taking direct final action to approve revisions to 
a number of South Coast Air Quality Management District (District) 
rules contained in the District Regulation II. The District submitted 
these rules for the purpose of meeting the requirements of the Clean 
Air Act (CAA), as amended in 1990 with regard to new source review 
(NSR) in areas that have not attained the national ambient air quality 
standards (NAAQS). This approval action will incorporate these rules 
into the federally approved State Implementation Plan (SIP) for 
California. The rules were submitted during 1991 and 1994 by the State 
to satisfy certain Federal requirements for an approvable NSR SIP. 
Thus, EPA is finalizing the approval of these rules into the California 
SIP under provisions of the CAA regarding EPA action on SIPs for 
national primary and secondary ambient air quality standards and plan 
requirements for nonattainment areas.

DATES: This rule is effective on July 12, 1999 without further notice, 
unless EPA receives adverse comments by June 14, 1999. If EPA receives 
such comment, it will publish a timely withdrawal in the Federal 
Register informing the public that this rule will not take effect.

ADDRESSES: Written comments should be addressed to: Nahid Zoueshtiagh 
(Air-3), Air Division, U.S. Environmental Protection Agency, Region 9, 
75 Hawthorne Street, San Francisco, CA 94105-3901.
    Copies of the rules and EPA's evaluation report of each rule are 
available for public inspection at EPA's Region 9 office during normal 
business hours at the following address:
    Permits Office (Air-3), Air Division, U.S. Environmental Protection 
Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105. Copies 
of the submitted rules are also available for inspection at the 
following locations:
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.
South Coast Air Quality Management District, 21865 E. Copley Drive, 
Diamond Bar, CA 91765-4182.

FOR FURTHER INFORMATION CONTACT: Nahid Zoueshtiagh, (Air-3), Air 
Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105-3901, Telephone: (415) 744-1261.

SUPPLEMENTARY INFORMATION: The air quality planning requirements for 
nonattainment NSR are set out in part

[[Page 25829]]

D of title I of the CAA. EPA has issued a ``General Preamble'' 
describing EPA's preliminary views on how EPA intends to review SIPs 
and SIP revisions submitted under part D, including those State 
submittals containing nonattainment NSR SIP requirements [see 57 FR 
13498 (April 16, 1992) and 57 FR 18070 (April 28, 1992)]. Because EPA 
is describing its interpretations here only in broad terms, the reader 
should refer to the General Preamble for a more detailed discussion. 
EPA has also proposed regulations to implement the changes under the 
1990 Amendments in the NSR provisions in parts C and D of Title I of 
the Act. [See 61 FR 38249 (July 23, 1996)]. Upon final promulgation of 
those regulations, EPA will review those NSR SIP submittals on which it 
has already taken final action to determine whether additional SIP 
revisions are necessary.

Procedural Background

    The CAA requires States to observe certain procedural requirements 
in developing implementation plans and plan revisions for submission to 
EPA. Section 110(a)(2) and section 110(l) of the Act provide that each 
implementation plan or revision to an implementation plan submitted by 
a State must be adopted after reasonable notice and public hearing. 
Section 172(c)(7) of the Act provides that plan provisions for 
nonattainment areas shall meet the applicable provisions of Section 
110(a)(2).
    The District held public hearings on its actions on these rules. 
The dates for public hearing, adoption or rescission and submission to 
EPA are as follows:
    Rules 201, 203, 205, 209, 214, 215, 216 and 217 (revised): Public 
hearing on December 1, 1989; adoption on January 5, 1990; and 
submission to EPA on May 13, 1991.
    Rule 201.1 (new): Public hearing December 1, 1989; adoption on 
January 5, 1990; and submission to EPA on May 13, 1991.
    Rules 204, 206 and 210 (revised): Public hearing and adoption on 
October 8, 1993; and submission to EPA on February 28, 1994.
    Rules 203.1, 203.2, 204.1, 213, 213.1, and 213.2 (rescinded): 
Public hearing and rescission on June 28, 1990; and submission to EPA 
on April 5, 1991.
    Rule 211 (rescinded): Public hearing on December 1, 1989; 
rescission on January 5, 1990; and submission to EPA on May 13, 1991.
    Three of the rescinded rules ( Rules 203.1, 203.2, 204.1) were not 
a part of the federally-approved SIP. Therefore EPA is not taking any 
action on them.

Summary of Rule Contents

    The District submitted the above rules to EPA for adoption into the 
applicable NSR SIP Rules.
    The rules subject to this action are in District Regulation II and 
apply to all sources requiring Permits to Construct or Permits to 
Operate. The rules describe applicability and procedures for applying 
for a Permit to Construct or a Permit to Operate, and provide 
procedures and timetables for issuance, denial and appeal of permits. 
These rules are separate from the federal operating permit program 
under Regulation XXX of the District. The revisions made to the rules 
subject to this action are mainly to provide: (1) An administrative 
change to reflect District's current organizational authority such as 
replacing the term Air Pollution Control Officer (APCO) with the term 
Executive Officer (EO) in Rules 201 and 217; (2) editorial 
clarifications in Rules 203 and 209; (3) amendment and improvement of 
the rule language in Rules 204, 206 and 210 to refer to the Title V 
(federal operating permit program); (4) additional rule (Rule 201.1) to 
enforce permit conditions contained in federally issued permits; and 
(5) detailed procedures and timetables for permit issuance, denial and 
appeals procedures in Rules 214, 215, and 216. For a description of how 
these rules meet the CAA's applicable requirements, please refer to 
EPA's technical support document (TSD) contained in the Docket.

EPA Evaluation and Action

    EPA has evaluated amended Rules 201, 203, 204, 205, 206, 209, 210, 
214, 215, 216, 217, and new Rule 201.1. EPA has determined that the 
rules are consistent with the CAA, EPA regulations and EPA policy. 
Therefore, District Rules 201, 201.1, 203, 204, 205, 206, 209, 210, 
214, 215, 216 and 217 are approved into SIP.
    Although initially part of the submittal, the District has 
rescinded Rules 203.1, 203.2, 204.1, 211, 213, 213.1, and 213.2. The 
EPA is not taking any action on Rules 203.1, 203.2 and 204.1 which were 
not a part of the SIP. However, the EPA is approving deletion of Rules 
211, 213, 213.1 and 213.2 from the SIP. The District has incorporated 
the requirements of Rule 211 in its Rule 210. EPA has also determined 
that the requirements of Rules 213, 213.1 and 213.2 are now in Rule 212 
and Regulation XIII which the EPA approved them into the SIP in 
December 1996. These rules which contain the requirements of the 
rescinded rules were also subject to the District's public review 
process.
    The EPA is taking this action under section 110(k)(3) of the CAA 
for these rules which meet the requirements of Section 110(a), and part 
D of Title I of the Act.

Administrative Review

    The EPA is publishing this action without prior proposal in part 
because the District has provided public workshops in the development 
of the submitted rules, and provided the opportunity for public comment 
prior to adoption of the submitted rules. At that time, no significant 
comments were received by the District. The Agency therefore views this 
as a non-controversial amendment and anticipates no adverse comments. 
However, in a separate document in this Federal Register publication, 
EPA is proposing to approve the SIP revision should adverse or critical 
comments be filed. This rule is effective on July 12, 1999 without 
further notice, unless EPA receives adverse comments by June 14, 1999. 
If EPA receives such comment, it will publish a timely withdrawal 
Federal Register informing the public that this rule will not take 
effect. All public comments received will then be addressed in a 
subsequent final rule based on this action serving as a proposed rule. 
EPA will not institute a second comment period on this action. 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 
action will be effective July 12, 1999.

Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 12866, Regulatory 
Planning and Review.

B. Executive Order 12875

    Under Executive Order 12875, Enhancing the Intergovernmental 
Partnership, 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, or 
EPA consults with those governments. If EPA complies by consulting, 
Executive Order 12875 requires EPA to 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

[[Page 25830]]

concerns, copies of any written communications from the governments, 
and a statement supporting the need to issue the regulation. In 
addition, Executive Order 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 is 
does not involve decisions intended to mitigate environmental health or 
safety risks.

D. Executive Order 13084

    Under Executive Order 13084, Consultation and Coordination with 
Indian Tribal Governments, EPA may not issue a regulation that is not 
required by statute, that significantly 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, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to 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 officials 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. 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 July 12, 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compound.

    Note: Incorporation by reference of the State Implementation 
Plan for the State of

[[Page 25831]]

California was approved by the Director of the Federal Register on 
July 1, 1982.
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)(31)(vi)(D), 
(c)(36)(i)(B), (c)(184)(i)(B)(7), and (c)(217)(i)(C) to read as 
follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (31) * * *
    (vi) * * *
    (D) Previously approved on November 9, 1978 and now deleted without 
replacement Rule 211.
* * * * *
    (36) * * *
    (i) * * *
    (B) Previously approved on November 9, 1978 and now deleted without 
replacement Rule 213, 213.1, and 213.2.
* * * * *
    (184)* * *
    (i) * * *
    (B) * * *
    (7) Rules 201, 203, 205, 209, 214 to 217 amended on January 5, 1990 
and Rule 201.1 adopted on January 5, 1990. .
* * * * *
    (217) * * *
    (i)* * *
    (C) South Coast Air Quality Management District.
    (1) Rules 204, 206, and 210 amended on October 8, 1993.
* * * * *
[FR Doc. 99-11999 Filed 5-12-99; 8:45 am]
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