[Federal Register Volume 64, Number 106 (Thursday, June 3, 1999)]
[Rules and Regulations]
[Pages 29790-29793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13657]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 009-0130a; FRL-6331-8]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision; Kern County Air Pollution Control 
District, Modoc County Air Pollution Control District, Mojave Desert 
Air Quality Management District, Northern Sonoma County Air Pollution 
Control District, San Joaquin Valley Unified Air Pollution Control 
District, Santa Barbara County Air Pollution Control District and 
Siskiyou 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 to approve revisions to the 
California State Implementation Plan (SIP). The revisions concern rules 
from the following seven districts: Kern County Air Pollution Control 
District, Modoc County Air Pollution Control District, Mojave Desert 
Air Quality Management District, Northern Sonoma County Air Pollution 
Control District, San Joaquin Valley Unified Air

[[Page 29791]]

Pollution Control District, Santa Barbara County Air Pollution Control 
District, and Siskiyou County Air Pollution Control District. These 
revisions concern the adoption of various administrative and other 
rules. This approval action will incorporate these rules into the 
Federally approved SIP. The intended effect of approving these rules is 
to update and clarify the SIP in accordance with the requirements of 
the Clean Air Act (CAA or the Act). 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 is effective on August 2, 1999 without further notice, 
unless EPA receives adverse comments by July 6, 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 must be submitted to Andrew Steckel at the 
Region IX office listed below. Copies of the rule revisions 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.
Kern County Air Pollution Control District, 2700 ``M'' Street, Suite 
302, Bakersfield, CA 93301-2370.
Modoc County Air Pollution Control District, 202 West Fourth Street, 
Alturas, CA 96101-3915.
Mojave Desert Air Quality Management District, 15428 Civic Drive, Suite 
200, Victorville, CA 92392-2383.
Northern Sonoma County Air Pollution Control District, 150 Matheson 
Street, Healdsburg, CA 95448-4908.
San Joaquin Valley Unified Air Pollution Control District, 1999 
Tuolumne Street, Suite 200, Fresno, California, 93721, and
Santa Barbara County Air Pollution Control District, 26 Castilian 
Drive, Suite B23, Goleta, CA 93117.
Siskiyou County Air Pollution Control District, 525 South Foothill 
Drive, Yreka, California, 96097-3036.

FOR FURTHER INFORMATION CONTACT: Andrew Steckel, Rulemaking Office 
(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX, 
75 Hawthorne Street, San Francisco, CA 94105-3901, Telephone: (415) 
744-1185.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The following is a list of the rules being approved into the 
California SIP by District.
    Kern County APCD--Rule 101, Title; Rule 112, Circumvention; Rule 
113, Separation and Combination; Rule 114, Severability; and Rule 115, 
Applicability of Emission Limits. These rules were adopted on May 2, 
1996, submitted to EPA as a SIP revision on July 23, 1996, and found 
complete on October 30, 1996.1
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    \1\ The submitted rules were found to be complete pursuant to 
EPA's completeness criteria that are set forth in 40 CFR part 51 
Appendix V. 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).
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    Modoc County APCD--Rule 4.1-2, Uncombined Water; Rule 4.6, 
Circumvention; Rule 4.6-1, Exception to Circumvention; and Rule 4.9, 
Separation of Emissions. These rules were adopted on January 3, 1989, 
submitted to EPA as a SIP revision on December 31, 1990, and found 
complete on July 7, 1990.
    Mojave Desert AQMD--Rule 103, Description of the District 
Boundaries was adopted on June 28, 1995, submitted to EPA as a SIP 
revision on August 10, 1995, and found complete on October 4, 1995.
    Northern Sonoma County APCD--Unnumbered rule, known as Appendix A; 
Unnumbered rule, known as Appendix B; Unnumbered rule, formerly 
Appendix C, now known as Appendix A; and Unnumbered rule, formerly 
Appendix D, now known as Appendix B. These appendices were adopted on 
February 22, 1984 and submitted to EPA as a SIP revision on October 16, 
1985.
    San Joaquin Valley Unified APCD--Rule 1010, Title and Rule 1130, 
Severability were adopted on June 18, 1992, submitted to EPA as a SIP 
revision on September 28, 1994, and found complete on March 30, 1995.
    Santa Barbara County APCD--Rule 105, Applicability adopted on July 
30, 1991, submitted to EPA as a SIP revision on October 25, 1991, and 
found complete on December 18, 1991.
    Siskiyou County APCD--Rule 4.10, Reduction of Animal Matter, 
adopted on January 24, 1989, submitted to EPA as a revision to the SIP 
on March 26, 1990, and found complete on February 28, 1991.

II. Background

    The Clean Air Act of 1970 (CAA or the Act) requires the states to 
develop state implementation plans to enable local districts to attain 
and maintain national ambient air quality standards. Most of the rules 
listed above do not directly affect emission reductions. They were 
adopted, however, to help clarify the procedures and requirements of 
local air pollution control programs.

III. EPA Evaluation and Action

    In determining the approvability of each local 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. The EPA interpretation of these requirements, which forms 
the basis for this action, appears in various EPA policy guidance 
documents; see, in particular, ``Issues Relating to VOC Regulation 
Cutpoints, Deficiencies, and Deviations, Clarification to Appendix D of 
November 24, 1987 Federal Register document'' (Blue Book).
    These rules involve the names and boundaries of the local 
districts, prohibitions against circumvention of the rules, and 
directions on severing sections of the rules that might be unlawful. A 
more detailed description of the rules, the SIP modifications, and the 
basis for EPA's approval can be found in the evaluation report for this 
action.
    EPA is publishing these rules without prior proposal because the 
Agency views these as noncontroversial amendments 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 
adverse comments be filed. This rule will be effective August 2, 1999 
without further notice unless the Agency receives adverse comments by 
July 6, 1999.
    If the EPA receives such comments, then EPA will publish a timely 
withdrawal in the Federal Register, 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

[[Page 29792]]

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 
August 2, 1999 and no further action will be taken on the proposed 
rule.

IV. Administrative Requirements

A. Executive Orders 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 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 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 and 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 and 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 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, 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 August 2, 1999. Filing a 
petition for reconsideration by

[[Page 29793]]

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, Ozone, 
Particulate matter, 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.

    Dated: March 22, 1999.
Alexis Strauss,
Acting 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)(164)(i)(B)(2), (179)(i)(E)(2), (182)(i)(F), (186)(i)(E), 
(199)(i)(D)(4), (224)(i)(C)(2), (239)(i)(C), and (239)(i)(D) 
introductory text to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (164) * * *
    (i) * * *
    (B) * * *
    (2) Appendices A and B adopted on February 22, 1984.
* * * * *
    (179) * * *
    (i) * * *
    (E) * * *
    (2) Rule 4.10 adopted on January 24, 1989.
* * * * *
    (182) * * *
    (i) * * *
    (F) Modoc County Air Pollution Control District.
    (1) Rules 4.1-2, 4.6, 4.6-1, and 4.9 adopted on January 3, 1989.
* * * * *
    (186) * * *
    (i) * * *
    (E) Santa Barbara County Air Pollution Control District.
    (1) Rule 105 adopted on July 30, 1991.
* * * * *
    (199) * * *
    (i) * * *
    (D) * * *
    (4) Rule 1010 adopted on June 18, 1992 and Rule 1130 adopted on 
June 18, 1992 and amended on December 17, 1992.
* * * * *
    (224) * * *
    (i) * * *
    (C) * * *
    (2) Rule 103 amended on June 28, 1995.
* * * * *
    (239) * * *
    (i) * * *
    (C) Kern County Air Pollution Control District.
    (1) Rules 101, 112, 113, 114, and 115 amended on May 2, 1996.
    (D) Ventura County Air Pollution Control District.
* * * * *
[FR Doc. 99-13657 Filed 6-2-99; 8:45 am]
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