[Federal Register Volume 64, Number 245 (Wednesday, December 22, 1999)]
[Rules and Regulations]
[Pages 71660-71663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32642]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 038-0193a; FRL-6510-7]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, 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 (SIP). The revisions concern rule 
rescissions from the South Coast Air Quality Management District 
(SCAQMD). This approval action will rescind these rules from the 
federally approved SIP. The intended effect of approving these rule 
rescissions is to update and clarify the State Implementation Plan in 
accordance with the requirements of the Clean Air Act, as amended in 
1990 (CAA or the Act). The rule rescissions consist of obsolete rules 
that have been superseded or removed from the SCAQMD's regulations. EPA 
is finalizing the approval of these rule rescissions 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 February 22, 2000 without further 
notice, unless EPA receives adverse comments by January 21, 2000. If 
EPA receives such comment, it will publish a timely withdrawal Federal 
Register informing the public that this rule will not take effect.

ADDRESSES: Written comments must be submitted to Andrew Steckel, Chief, 
Rulemaking Office at the Region IX office listed below. Copies of the 
rule rescissions 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 rescissions 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, 
SW, Washington, DC 20460
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812
South Coast Air Quality Management District, 21865 E. Copley Drive, 
Diamond Bar, CA 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 rescinded from the California SIP are listed below. 
The rescissions were submitted by the California Air Resources Board to 
EPA on the dates listed under each grouping.

South Coast Air Quality Management District (AQMD)

Rule 107, Determination of Volatile Organic Compounds in Organic 
Materials, Rescission Adopted: 3-9-92, Submitted to EPA: 9-14-92
Rule 1231, Judicial Review, Rescission Adopted: 2-2-79, Submitted to 
EPA: 7-25-79
Rule 1311, Power Plants, Rescission Adopted: 6-28-90 Submitted to EPA: 
1-28-92

Los Angeles County Air Pollution Control District (APCD)

Rule 51, Nuisance, Rescission Adopted: 5-7-76, Submitted to EPA: 8-2-76

Orange County APCD

Rule 51, Nuisance,
Rule 67.1, Fuel Burning Equipment,

[[Page 71661]]

Rule 68, Fuel Burning Equipment--Oxides of Nitrogen.
    Rescissions Adopted: 5-7-76
    Submitted to EPA: 8-2-76

Riverside County APCD

Rule 51, Nuisance
    Rescission Adopted: 5-7-76
    Submitted to EPA: 8-2-76

II. Background

    On March 3, 1978, EPA promulgated a list of ozone and total 
suspended particulate (TSP) nonattainment areas under the provisions of 
the Clean Air Act, as amended in 1977 (1977 Act or pre-amended Act), 
that included the South Coast Air Basin. 43 FR 8964, 40 CFR 81.305.
    On July 1, 1987 at 52 FR 24672, EPA replaced the TSP standards with 
new Particulate Matter (PM) standards applying only to PM up to 10 
microns in diameter (PM-10).1
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    \1\ On July 18, 1997, EPA promulgated revised and new standards 
for PM-10 and PM-2.5 (62 FR 38651). EPA has not yet established 
specific plan and control requirements for the revised and new 
standards. This action is part of SCAQMD's efforts to achieve 
compliance with the 1987 PM-10 standards.
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    On May 26, 1988, EPA notified the Governor of California, pursuant 
to section 110(a)(2)(H) of the 1977 Act, that the South Coast Air Basin 
portion of the California SIP was inadequate to attain and maintain the 
ozone standard and requested that deficiencies in the existing SIP be 
corrected (EPA's SIP-Call). On November 15, 1990, the Clean Air Act 
Amendments of 1990 were enacted. Public Law 101-549, 104 Stat. 2399, 
codified at 42 U.S.C. 7401-7671q. South Coast Air Basin is classified 
as extreme non-attainment for ozone.
    On November 15, 1990, PM-10 areas meeting the qualifications of 
section 107(d)(4)(B) of the Act were designated non-attainment by 
operation of law and classified as moderate pursuant to section 188(a). 
The South Coast Air Basin was among the areas designated non-
attainment. On February 8, 1993, EPA re-classified the South Coast Air 
Basin from moderate non-attainment to serious non-attainment for PM-10. 
(See 58 FR 3334--January 1, 1993).
    This Federal Register action for SCAQMD excludes the Los Angeles 
County portion of the Southeast Desert AQMA, otherwise known as the 
Antelope Valley Region in Los Angeles County, which is now under the 
jurisdiction of the Antelope Valley Air Pollution Control District as 
of July 1, 1997.
    The State of California submitted the rule rescissions listed above 
to update the federally enforceable SIP for the SCAQMD. In addition, 
some of these rescissions are necessary to remove obsolete rules from 
the original districts that made up the South Coast Air Basin: Los 
Angeles County Air Pollution Control District (APCD), Orange County 
APCD, and Riverside County APCD.2 The rescissions were 
adopted and submitted on the dates listed above.
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    \2\ On July 16, 1975, the Los Angeles County APCD, Orange County 
APCD, Riverside County APCD, and San Bernardino County APCD were 
unified into the Southern California APCD. On February 1, 1977, the 
Southern California APCD became the South Coast Air Quality 
Management District.
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    These rules were originally adopted as part of individual 
districts' efforts to achieve the National Ambient Air Quality Standard 
(NAAQS) for ozone and particulate matter. The following is EPA's 
evaluation and final action for this rule.

III. EPA Evaluation and Action

    In determining whether to approve removing each rescinded rule from 
the SIP, EPA must evaluate the recissions 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). The EPA 
interpretation of these requirements, which forms the basis for this 
action, appears in various EPA policy guidance documents. In general 
the rules which SCAQMD has rescinded are not appropriate for the SIP 
because they do not control criteria pollutants or have been superseded 
by other SIP-approved rules.
    EPA has evaluated the rule recissions and has determined that 
recission is consistent with the CAA, EPA regulations, and EPA policy. 
Therefore, all of the rule recissions listed in section I, 
Applicability 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 February 22, 
2000 without further notice unless the Agency receives adverse comments 
by January 21, 2000.
    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 February 22, 2000 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 12866, entitled ``Regulatory 
Planning and Review.''

B. Executive Order 13132

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces 
Executive Orders 12612, Federalism and 12875, Enhancing the 
Intergovernmental Partnership. Executive Order 13132 requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' Under Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law unless the 
Agency consults with State and local officials early in the process of 
developing the proposed regulation.
    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132 (64 FR 
43255, August 10, 1999), because it merely approves a state rule 
implementing a

[[Page 71662]]

federal standard, and does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act. Thus, the requirements of section 6 of the Executive Order 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 
Executive Order 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 Executive Order 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 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 mandate is unfunded, 
EPA must 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 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 Executive 
Order 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This rule is not a ``major'' rule as defined by 5 U.S.C. 
804(2).

H. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

I. 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 February 22, 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).)

[[Page 71663]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Oxides of 
Nitrogen, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: December 7, 1999.
David P. Howekamp,
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)(6)(xvii) to 
(6)(xviv), (47)(i)(D), (68)(ii), and (121)(i)(D) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (6) * * *
    (xvii) Los Angeles County Air Pollution Control District.
    (A)Previously approved on September 22, 1972 and now deleted 
without replacement Rule 51.
    (xviii) Orange County Air Pollution Control District.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 51, 67.1 and 68.
    (xviv) Riverside County Air Pollution Control District.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rule 51.
* * * * *
    (47) * * *
    (i) * * *
    (D) Previously approved on May 9, 1980 and now deleted without 
replacement for implementation in the South Coast Air Quality 
Management District, Rule 1231. (JR)
* * * * *
    (68) * * *
    (ii) Previously approved on January 21, 1981 and now deleted 
without replacement Rule 1311.
* * * * *
    (121) * * *
    (i) * * *
    (D) Previously approved on October 11, 1983 and now deleted without 
replacement Rule 107.
* * * * *
[FR Doc. 99-32642 Filed 12-21-99; 8:45 am]
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