[Federal Register Volume 64, Number 189 (Thursday, September 30, 1999)]
[Rules and Regulations]
[Pages 52652-52654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25304]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 198-0175a; FRL-6445-6]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, San Luis Obispo County Air 
Pollution Control District, South Coast Air Quality Management 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. The revisions concern the 
recision of rules from the San Luis Obispo County Air Pollution Control 
District (SLOCAPCD) and the South Coast Air Quality Management District 
(SCAQMD). The intended effect of this action is to bring the SLOCAPCD 
and the SCAQMD State Implementation Plans (SIP) up to date in 
accordance with the requirements of the Clean Air Act, as amended in 
1990 (CAA or the Act). EPA is finalizing the approval of these 
recisions 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 November 29, 1999, without further 
notice, unless EPA receives adverse comments by November 1, 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, Chief, 
Rulemaking Office, Air Division at the Region IX office listed below. 
Copies of the rule revisions 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 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 95812
San Luis Obispo County Air Pollution Control District 3433 Roberto 
Court, San Luis Obispo, California 93401
South Coast Air Quality Management District, 21865 East Copley 
Drive, Diamond Bar, California 91765-4182

FOR FURTHER INFORMATION CONTACT: Julie A. Rose, Rulemaking Office, AIR-
4, Air Division, U.S. Environmental Protection Agency, Region IX, 75 
Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1184.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The rules being approved for recision from the California SIP 
include: SLOCAPCD Rule 102, Compliance by Existing Installation, 
SLOCAPCD Rule 408, Gasoline Specifications, and SCAQMD Rule 432, 
Gasoline Specifications. The SLOCAPCD rule recisions were submitted by 
the California Air Resources Board (CARB)

[[Page 52653]]

to EPA on August 1, 1997 and the SCAQMD rule recision was submitted by 
CARB on September 29, 1998.

II. Background

    The Clean Air Act of 1970 (CAA or the Act) requires the states to 
develop SIPs to enable local districts to attain and maintain the 
national ambient air quality standards. The rule recisions listed above 
will not directly affect emission reductions. The requirements of the 
rescinded rules have been adopted by the state or incorporated into 
other rules at the district.
    The State of California submitted these rule recisions for 
incorporation into its SIP on August 1, 1997 and September 29, 1998. 
This document addresses EPA's direct-final action for SLOCAPCD Rule 
102, Compliance by Existing Installation, SLOCAPCD Rule 408, Gasoline 
Specifications, and SCAQMD Rule 432, Gasoline Specifications. SLOCAPCD 
rescinded Rule 102 and Rule 408 on March 26, 1997 and SCAQMD rescinded 
Rule 432 on July 10, 1998. The recision of SLOCAPCD Rules 102 and 408 
was found to be complete on September 30, 1997 and the recision of 
SCAQMD Rule 432 was found to be complete on January 26, 1999. These 
rule recisions were found complete pursuant to EPA's completeness 
criteria that are set forth in 40 CFR part 51, appendix V 1 
and are being finalized for approval into the SIP.
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    \1\ 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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    SLOCAPCD Rule 102, Compliance by Existing Installation, was created 
to bring existing installations into conformity with the District rules 
and regulations as adopted in 1976. Since that time, Rule 202, Permits, 
was adopted and approved and is sufficient to achieve compliance with 
the SLOCAPCD rules and regulations and the previous goals of Rule 102. 
Because Rule 102 is no longer necessary and, therefore, redundant, the 
rule was rescinded by the district governing board.
    SLOCAPCD Rule 408, Gasoline Specifications and SCAQMD, Rule 432, 
Gasoline Specifications prohibit the sale or supply of gasoline with a 
degree of unsaturation greater than Bromine Number 30. The California 
Legislature adopted a bill which delegates the authority to regulate 
and enforce fuel specifications to the California Air Resources Board 
(CARB). As a result of the legislation, the requirements of SLOCAPCD 
Rule 408 and SCAQMD Rule 432 are no longer in effect, therefore, these 
rules were repealed by their respective district governing boards.

III. EPA Evaluation and Action

    EPA has evaluated all the appropriate background and submittal 
documentation for these recisions. EPA has determined that the recision 
of SLOCAPCD Rule 102 is approvable since the requirements for permit 
compliance are embodied in SLOCAPCD Rule 202.
    EPA has also determined that the recision of SLOCAPCD Rule 408 and 
SCAQMD Rule 432 is approvable since the CARB now regulates fuel 
specifications.
    The rule recisions are consistent with the CAA, EPA regulations, 
and EPA policy. Therefore, the recision of SLOCAPCD Rules 102 and 408 
and SCAQMD Rule 432 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 
adverse comments be filed. This rule will be effective November 29, 
1999, without further notice unless the Agency receives adverse 
comments by November 1, 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. Any parties interested 
in commenting on this rule should do so at this time. If no such 
comments are received, the public is advised that this rule is 
effective on November 29, 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, 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 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 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

[[Page 52654]]

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 November 29, 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.

    Dated: September 14, 1999.
Keith Takata,
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)(32)(iv)(F) 
and (35)(xii)(G) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (32) * * *
    (iv) * * *
    (F) Previously approved on June 14, 1978 and now deleted without 
replacement Rule 432.
* * * * *
    (35) * * *
    (xii) * * *
    (G) Previously approved on August 4, 1978 and now deleted without 
replacement Rules 102 and 408.
* * * * *
[FR Doc. 99-25304 Filed 9-29-99; 8:45 am]
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