[Federal Register Volume 64, Number 215 (Monday, November 8, 1999)]
[Rules and Regulations]
[Pages 60687-60688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29075]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 034-0181; FRL-6470-6]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, South Coast Air Quality Management 
District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing full approval of a revision to the 
California State Implementation Plan (SIP) for the South Coast Air 
Basin (SCAB) proposed in the Federal Register on April 12, 1999. This 
final action will incorporate this rule into the federally approved 
SIP. The intended effect of finalizing this action is to regulate 
particulate matter (PM-10) emissions in accordance with the 
requirements of the Clean Air Act, as amended in 1990 (CAA or the Act). 
The revised rule regulates PM-10 emissions from open burning. Thus, EPA 
is finalizing the approval under CAA provisions regarding EPA action on 
SIP submittals and general rulemaking authority.

EFFECTIVE DATE: This action is effective on December 8, 1999.

ADDRESSES: Copies of the rules and EPA's evaluation report of the rules 
are available for public inspection at EPA's Region IX office during 
normal business hours. Copies of the submitted rules 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 94105-3901.
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.
South Coast Air Quality Management District, 21865 East Copley Drive, 
Diamond Bar, CA 91765.

FOR FURTHER INFORMATION CONTACT: Al Petersen, Rulemaking Office, (AIR-
4), Air Division, U.S. Environmental Protection Agency, Region IX, 75 
Hawthorne Street, San Francisco, CA 94105-3901 Telephone: (415) 744-
1135.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The rule being approved into the California SIP is the South Coast 
Air Quality Management District (SCAQMD) Rule 208, Permit for Open 
Burning (adopted on January 5, 1990). This rule was submitted by the 
California Air Resources Board (CARB) to EPA on May 13, 1991.

II. Background

    On April 12, 1999 at 64 FR 17589, EPA proposed granting full 
approval of the following rule into the California SIP for the SCAB: 
SCAQMD Rule 208, adopted on January 5, 1990 and submitted by the CARB 
to EPA on May 13, 1991. This PM-10 rule was submitted by the State of 
California in response to section 110(a) and part D of the CAA for 
incorporation into the California SIP. A detailed discussion of the 
background of the above rule and the nonattainment area in which it 
applies is provided in the proposed rule cited above.
    EPA has evaluated the above 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) and EPA's 
interpretation of these requirements as expressed in various EPA policy 
guidance documents referenced in the proposed rule. EPA is finalizing 
the full approval of SCAQMD Rule 208, because it strengthens the SIP by 
requiring that a written permit for any open outdoor fires be obtained 
from the Executive Officer of the SCAQMD. EPA has determined that 
SCAQMD Rule 208 meets the RACM requirements of part D of the CAA.

III. Response to Public Comments

    A 30-day public comment period was provided in 64 FR 17589. EPA did 
not receive any comment letters on SCAQMD Rule 208.

IV. EPA Action

    EPA has evaluated submitted SCAQMD Rule 208, Permit for Open 
Burning, and has determined that it is consistent with the CAA, EPA 
regulations, and meets RACM requirements. EPA is finalizing full 
approval of SCAQMD Rule 208 into the California SIP.

V. 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

[[Page 60688]]

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 January 7, 2000. 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, Incorporation by 
reference, Intergovernmental relations, and Particulate matter.

    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.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: October 20, 1999.
Laura Yoshii,
Deputy 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 paragraph (c)(184)(i)(B)(8) 
to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (184) * * *
    (i) * * *
    (B) * * *
    (8) Rule 208, adopted on January 5, 1990.
* * * * *
[FR Doc. 99-29075 Filed 11-5-99; 8:45 am]
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