[Federal Register Volume 64, Number 126 (Thursday, July 1, 1999)]
[Rules and Regulations]
[Pages 35577-35578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15546]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA079-149; FRL-6363-2]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Monterey Bay Unified Air Pollution 
Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing the approval of revisions to the California 
State Implementation Plan (SIP) proposed in the Federal Register on 
April 16, 1999. The revisions concern rules from the Monterey Bay 
Unified Air Pollution Control District (MBUAPCD). This approval action 
will incorporate these rules into the Federally approved SIP. The 
intended effect of approving these rules is to regulate permitting of 
stationary sources in accordance with the requirements of the Act, as 
amended in 1990. 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 action is effective on August 2, 1999.

ADDRESSES: Copies of the rule(s) and 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 rule(s) are 
available for inspection at the following locations:

    (1) EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105.
    (2) California Air Resources Board, 2020 L Street, Sacramento, 
CA 95814.
    (3) Monterey Bay Unified Air Pollution Control District, 24580 
Silver Cloud Court, Monterey CA 93940.

FOR FURTHER INFORMATION CONTACT: Roger Kohn, Permits Office, [AIR-3], 
Air Division, U.S. Environmental Protection Agency, Region IX, 75 
Hawthorne Street, San Francisco, CA 94105-3901; Telephone: (415) 744-
1238; E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Applicability

    The rules being approved into the California SIP include: MBUAPCD 
Rules 200 (Permits Required), 204 (Cancellation of Applications), 207 
(Review of New or Modified Sources), 213 (Continuous Emissions 
Monitoring), 215 (Banking of Emissions Reductions), and 436 (Title V: 
General Prohibitory Rule). These rules were submitted by the California 
Air Resources Board to EPA on June 9, 1987 (Rule 200), February 10, 
1986 (Rule 204), March 3, 1997 (Rule 207), March 29, 1994 (Rule 213), 
June 3, 1997 (Rule 215), and August 10, 1995 (Rule 436).

II. Background

    On April 16, 1999 in 64 FR 18858, EPA proposed to approve the above 
rules into the California SIP. A detailed discussion of the background 
for each of the above rules is provided in the proposed rule cited 
above.
    EPA has evaluated the above rules for consistency with the 
requirements of the CAA and EPA regulations and EPA interpretation of 
these requirements as expressed in the various EPA policy guidance 
documents referenced in the proposed rule cited above. EPA has found 
that the rules meet the applicable EPA requirements. A detailed 
discussion of the rule provisions and evaluations has been provided in 
the proposed rule and in the technical support document (TSD), dated 
April 1, 1999, which is available at EPA's Region IX office.

III. Response to Public Comments

    A 30-day public comment period was provided in 64 FR 18858. No 
comments were submitted to EPA during the comment period, which ended 
on May 17, 1999.

IV. EPA Action

    EPA is finalizing this action to approve the above rules for 
inclusion into the California SIP. EPA is approving the submittal under 
section 110(k)(3) as meeting the requirements of section 110(a) and 
parts C and D of the CAA. This approval action will incorporate these 
rules into the Federally approved SIP. The intended effect of approving 
these rules is to regulate stationary sources in accordance with the 
requirements of the CAA.

[[Page 35578]]

V. 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 [proposed/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 the approval action promulgated 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. 804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions [On 
signature page-add header and suppress page #] for judicial review of 
this action must be filed in the United States Court of Appeals for the 
appropriate circuit by August 30, 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, Nitrogen 
dioxide, 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.

    Dated: June 9, 1999.
Nora L. McGee,
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)(168)(i)(F)(2), (c)(173)(i)(C)(2), (c)(196)(i)(E), (c)(224)(i)(D), 
(c)(224)(i)(A)(3) and (c)(258)(i)(A)(2) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (168) * * *
    (i) * * *
    (F) * * *
    (2) Rule 204, amended on July 17, 1985.
* * * * *
    (173) * * *
    (i) * * *
    (C) * * *
    (2) Rule 200, amended on December 17, 1986.
* * * * *
    (196) * * *
    (i) * * *
    (E) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 213, amended on February 16, 1994.
* * * * *
    (224) * * *
    (i) * * *
    (D) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 436, adopted on May 17, 1995.
* * * * *
    (244) * * *
    (i) * * *
    (A) * * *
    (3) Rule 207, amended on December 18, 1996.
* * * * *
    (258) * * *
    (i) * * *
    (A) * * *
    (2) Rule 215, amended on March 26, 1997.
* * * * *
[FR Doc. 99-15546 Filed 6-30-99; 8:45 am]
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