[Federal Register Volume 65, Number 18 (Thursday, January 27, 2000)]
[Rules and Regulations]
[Pages 4357-4359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1840]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 022-0215; FRL-6529-1]


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.

-----------------------------------------------------------------------

SUMMARY:  EPA is finalizing disapproval of revisions to the California 
State Implementation Plan (SIP). EPA proposed disapproval of these 
revisions in the Federal Register on November 24, 1999 and December 10, 
1999. The revisions pertain to startup and shutdown exemption 
provisions and to visible emission limits in the South Coast Air 
Quality Management District (SCAQMD). EPA is finalizing disapproval 
under CAA provisions regarding EPA action on SIP submittals and general 
rulemaking authority because these revisions are not consistent with 
applicable CAA requirements.

EFFECTIVE DATE:  This action is effective on February 28, 2000.

ADDRESSES:  Copies of the submitted rules 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 rules are 
also available for inspection at the following locations:

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

FOR FURTHER INFORMATION CONTACT:  Patricia A. Bowlin, Rulemaking 
Office, AIR-4, Air Division, U.S. Environmental Protection Agency, 
Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901, 
Telephone: (415) 744-1188.

SUPPLEMENTARY INFORMATION:  

[[Page 4358]]

I. Applicability

    EPA is disapproving SCAQMD Rule 429, Startup and Shutdown Exemption 
Provisions for Oxides of Nitrogen, as adopted on December 21, 1990 and 
SCAQMD Rule 401, Visible Emissions, as adopted on September 11, 1998. 
These rules were submitted by the California Air Resources Board to EPA 
on January 28, 1992 and January 12, 1999, respectively.

II. Background

    On November 24, 1999 in 64 FR 66143, EPA proposed disapproval of 
SCAQMD Rule 429. On December 10, 1999 in 64 FR 69211, EPA proposed 
disapproval of SCAQMD Rule 401. These rules were submitted as revisions 
to the California SIP. A detailed discussion of the background for each 
rule is provided in the proposed rules (PRs) cited above.
    EPA has evaluated the submitted rules for consistency with the 
requirements of the CAA and EPA regulations and with EPA's 
interpretation of these requirements as expressed in the EPA policy and 
guidance. EPA is finalizing the disapproval of SCAQMD Rule 429, Startup 
and Shutdown Exemption Provisions for Oxides of Nitrogen, as submitted 
on January 28, 1992 because the rule is inconsistent with the 
requirements of CAA sections 110(l), 172(c)(1), and 110(a)(2)(A). EPA 
is finalizing the disapproval of SCAQMD Rule 401, Visible Emissions, as 
submitted on January 12, 1999 because the rule is inconsistent with the 
requirements of CAA sections 193, 110(l), and 189. Detailed discussion 
of each submitted rule and EPA's evaluation of each rule has been 
provided in the PRs and in technical support documents (TSDs) available 
at EPA's Region IX office.

III. Response to Public Comments

    A 15-day public comment period on EPA's proposed disapproval of 
SCAQMD Rule 429 was provided in 64 FR 66143. EPA did not receive 
comments on the PR.
    A 15-day public comment period on EPA's proposed disapproval of 
SCAQMD Rule 401 was provided in 64 FR 69211. EPA did not receive 
comments on the PR.

IV. EPA Action

    EPA is finalizing disapproval of the above-referenced rules because 
they do not meet applicable CAA requirements. The effect of this action 
is that the federal enforceable California SIP remains unchanged.\1\ 
Because this action maintains the stringency of the current SIP, EPA's 
disapproval of the submitted rules does not trigger sanctions or FIP 
clocks under section 179 of the CAA.
---------------------------------------------------------------------------

    \1\ The current SIP does not contain any version of SCAQMD Rule 
429, Startup and Shutdown Exemption Provisions for Oxides of 
Nitrogen, but does contain an earlier version of SCAQMD Rule 401, 
Visible Emissions. On January 29, 1985, EPA approved into the 
federally enforceable SIP the version of SCAQMD Rule 401 adopted on 
March 2, 1984. This version of Rule 401 remains in the SIP.
---------------------------------------------------------------------------

    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

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 13132

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces E.O. 
12612, Federalism, and E.O. 12875, Enhancing the Intergovernmental 
Partnership. E.O. 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 E.O. 13132 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 E.O. 
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 E.O. 13132. Thus, the 
requirements of section 6 of E.O. 13132 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 is 
does not involve decisions intended to mitigate environmental health or 
safety risks.

D. Executive Order 13084

    Under E.O. 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 necessary to pay the direct compliance costs 
incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, E.O. 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, 
E.O. 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

[[Page 4359]]

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 rule will not have a significant impact on a 
substantial number of small entities because disapprovals of SIP 
revisions under section 110 and subchapter I, part D of the Clean Air 
Act do not affect any existing requirements applicable to small 
entities. Any existing Federal requirements will remain in place. 
Federal disapproval of the State SIP submittal will not affect State-
enforceability. Moreover, EPA's disapproval of the submittal would not 
impose any new Federal requirements. Therefore, I certify that this 
action will not have a significant economic impact on a substantial 
number of small entities.

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 this disapproval action 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. The disapproval will not change 
existing requirements 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 March 27, 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, Intergovernmental 
relations, Reporting and recordkeeping requirements, Particulate 
matter.

    Dated: January 18, 2000.
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 52.271 is amended by revising the section title and by 
adding paragraph (c) to read as follows:


Sec. 52.271  Malfunction, startup, and shutdown regulations.

* * * * *
    (c) The following regulations are disapproved because they exempt 
sources from applicable emissions limitations during malfunctions and/
or fail to sufficiently limit startup and shutdown exemptions to those 
periods where it is technically infeasible to meet emissions 
limitations.
    (1) South Coast Air Quality Management District.
    (i) Rule 429, submitted on January 28, 1992.
    3. Section 52.275 is amended by adding paragraph (c) to read as 
follows:


Sec. 52.275  Particulate matter control.

* * * * *
    (c) The following regulations are disapproved because they relax 
the control on visible emissions without any accompanying analyses 
demonstrating that these relaxations will not interfere with the 
attainment and maintenance of the National Ambient Air Quality 
Standards or any other applicable requirement of the Clean Air Act.
    (1) South Coast Air Quality Management District.
    (i) Rule 401, submitted on January 12, 1999.

[FR Doc. 00-1840 Filed 1-26-00; 8:45 am]
BILLING CODE 6560-50-P