[Federal Register Volume 65, Number 100 (Tuesday, May 23, 2000)]
[Rules and Regulations]
[Pages 33259-33260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12785]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 031-0237; FRL-6704-1]


Revision to the California State Implementation Plan, South Coast 
Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; correction.

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SUMMARY: In this direct final action, EPA is removing final limited 
approval and limited disapproval of revisions to the California State 
Implementation Plan (SIP) that were published on January 13, 2000 (65 
FR 2052).

DATES: This rule is effective July 24, 2000, without further notice 
unless EPA receive adverse comments by June 22, 2000. If we receive 
such comment, we will publish a timely withdrawal in the Federal 
Register to notify the public that this rule will not take effect.

ADDRESSES: Comments may be mailed to: Andrew Steckel, Rulemaking 
Office, AIR-4, Air Division, U.S. Environmental Protection Agency, 
Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.
    Copies 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:

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 AQMD, 21865 E. Copley Dr., Diamond Bar, CA 91765-4182.

FOR FURTHER INFORMATION CONTACT: Ed Addison, Rulemaking Office, Air 
Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105; Telephone: (415) 744-1160.

SUPPLEMENTARY INFORMATION: On August 5, 1988, South Coast Air Quality 
Management District (SCAQMD) adopted Rule 1109, Emissions of Oxides of 
Nitrogen from Process Heaters and Boilers in Petroleum Refineries. On 
March 26, 1990, California Air Resources Board (CARB) submitted Rule 
1109 to EPA Region IX. On February 28, 1997 at 62 FR 9138, EPA proposed 
limited approval and limited disapproval of Rule 1109. On December 7, 
1999, CARB sent EPA a request to withdraw the March 26, 1990 submittal 
because all the affected sources are now regulated instead by SCAQMD 
Regulation XX (Reclaim). EPA believes this is a reasonable request. 
Unfortunately, before receiving this request, EPA signed an action 
finalizing the limited approval and limited disapproval, which was 
published on January 13, 2000 at 65 FR 2052.
    Therefore, the purpose of today's Direct Final action is to correct 
this error pursuant to section 110(k)(6) of the

[[Page 33260]]

Clean Air Act. Today's correction has no bearing on the other three 
rules that were finalized in our January 13, 2000 action. We believe 
these rules are consistent with the relevant policy and guidance 
regarding enforceability, RACT, and SIP relaxations.
    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and, is therefore not 
subject to review by the Office of Management and Budget. In addition, 
this action does not impose any enforceable duty or contain any 
unfunded mandate as described in the Unfunded Mandates Reform Act of 
1995 (Public Law 104-4), or require prior consultation with State 
officials as specified by Executive Order 12875 (58 FR 58093, October 
28, 1993), or involve special consideration of environmental justice 
related issues as required by Executive Order 12898 (59 FR 7629, 
February 16, 1994).
    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 
General Accounting Office prior to publication of this rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(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.

    Dated: May 9, 2000.
Keith Takata,
Acting Regional Administrator, Region IX.


    Subpart F of part 52, Chapter I, Title 40 of the Code of Federal 
Regulations is amended as follows:

PART 52--[AMENDED]

Subpart F--California

    1. The authority citation for part 52 continues to read as follows:

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


Sec. 52.220  [Amended]

    2. Section 52.220 is amended by removing paragraph (c)(179)(H).

[FR Doc. 00-12785 Filed 5-22-00; 8:45 am]
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