[Federal Register Volume 66, Number 155 (Friday, August 10, 2001)]
[Rules and Regulations]
[Pages 42126-42128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20139]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA179-0243a; FRL-7022-5]


Revisions to the California State Implementation Plan, Kern 
County Air Pollution Control District and Imperial County Air Pollution 
Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Kern County Air Pollution Control District (KCAPCD) and the Imperial 
County Air Pollution Control District (ICAPCD) portion of the 
California State Implementation Plan (SIP). Under authority of the 
Clean Air Act as amended in 1990 (CAA or the Act), we are approving 
local rules that address general requirements for source sampling and 
continuous monitoring systems.

DATES: This rule is effective on October 9, 2001 without further 
notice, unless EPA receives adverse comments by September 10, 2001. 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: Mail comments to Andy Steckel, Rulemaking Office Chief (AIR-
4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105-3901.
    You can inspect copies of the submitted SIP revisions and EPA's 
technical support documents (TSDs) at our Region IX office during 
normal business hours. You may also see copies of the submitted SIP 
revisions at the following locations:
    Environmental Protection Agency, Air Docket (6102), Ariel Rios 
Building, 1200 Pennsylvania Avenue, N.W., Washington D.C. 20460.
    California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814.
    Kern County Air Pollution Control District, 2700 ``M'' Street, 
Suite 302, Bakersfield, CA 93301-2370.

[[Page 42127]]

    Imperial County Air Pollution Control District, 150 South 9th 
Street, El Centro, CA 92243-2801.

FOR FURTHER INFORMATION CONTACT: Stanley Tong, Rulemaking Office (AIR-
4), U.S. Environmental Protection Agency, Region IX, (415) 744-1191.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we'', ``us'' and 
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA recommendations to further improve the rules.
    D. Public comment and final action.
III. Background Information
    Why were these rules submitted?
IV. Administrative Requirements

I. The State's Submittal

A. What Rules Did the State Submit?

    Table 1 lists the rules we are approving with the dates that they 
were adopted by the local air agencies and submitted by the California 
Air Resources Board (CARB).

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                                                    Completeness
            Local agency               Rule No.          Rule title         Adopted     Submitted       ltr.
----------------------------------------------------------------------------------------------------------------
KCAPCD.............................         108    Stack Monitoring.....     05/02/96     07/23/96      10/30/96
KCAPCD.............................         108.1  Source Sampling......     05/02/96     07/23/96      10/30/96
ICAPCD.............................         109    Source Sampling......     09/14/99     05/26/00      10/06/00
ICAPCD.............................         110    Stack Monitoring.....     09/14/99     05/26/00      10/06/00
----------------------------------------------------------------------------------------------------------------

    Table 1 also provides the dates these rule submittals were found to 
meet the completeness criteria in 40 CFR part 51, appendix V, which 
must be met before formal EPA review.

B. Are There Other Versions of These Rules?

    We approved a version of KCAPCD Rules 108 and 108.1 into the SIP 
for the Kern County Air Pollution Control District on July 6, 1982, and 
August 22, 1977, respectively. The KCAPCD adopted revisions to the SIP-
approved version of Rule 108.1 on May 6, 1991 and CARB submitted them 
to us on May 30, 1991. The KCAPCD adopted additional revisions to Rule 
108.1 on May 2, 1996 and CARB submitted them to us on July 23, 1996. 
While we can only act on the most recently submitted version, we have 
reviewed materials provided with previous submittals.
    The previous version of ICAPCD Rules 109 and 110 were approved into 
the SIP for the Imperial County Air Pollution Control District on 
August 11, 1978 and February 3, 1989, respectively.

C. What Is the Purpose of the Submitted Rule Revisions?

    KCAPCD Rule 108 contains general requirements on the types of 
sources required to install continuous monitoring systems, the 
standards of performance, and the reporting and recordkeeping 
requirements for those systems. KCAPCD Rule 108.1 contains general 
requirements for preparing and performing stack sampling. ICAPCD Rule 
109 contains general requirements for preparing to perform stack 
sampling. ICAPCD Rule 110 contains general requirements on the types of 
sources required to install continuous monitoring systems, the 
standards of performance, and the reporting and recordkeeping 
requirements for those systems. The TSDs have more information about 
these rules.

II. EPA's Evaluation and Action

A. How Is EPA Evaluating the Rules?

    These rules describe general provisions that support emission 
monitoring and testing found in other local agency requirements. 
Generally, SIP rules must be enforceable (see section 110(a) of the 
Act) and must not relax existing requirements (see sections 110(l) and 
193). Guidance and policy documents that we used to define specific 
enforceability requirements include, ``Issues Relating to VOC 
Regulation Cutpoints, Deficiencies, and Deviations; Clarification to 
Appendix D of November 24, 1987 Federal Register Notice,'' (Blue Book), 
notice of availability published in the May 25, 1988 Federal Register.

B. Do the Rules Meet the Evaluation Criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability and SIP relaxations. The TSDs have 
more information on our evaluation.

C. EPA Recommendations to Further Improve the Rules

    The TSDs describe additional rule revisions that do not affect 
EPA's current action but are recommended for the next time the local 
agency modifies the rules.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted rules because we believe they fulfill all 
relevant requirements. We do not think anyone will object to this 
approval, so we are finalizing it without proposing it in advance. 
However, in the Proposed Rules section of this Federal Register, we are 
simultaneously proposing approval of the same submitted rules. If we 
receive adverse comments by September 10, 2001, we will publish a 
timely withdrawal in the Federal Register to notify the public that the 
direct final approval will not take effect and we will address the 
comments in a subsequent final action based on the proposal. If we do 
not receive timely adverse comments, the direct final approval will be 
effective without further notice on October 9, 2001. This will 
incorporate these rules into the federally enforceable SIP.

III. Background Information

Why Were These Rules Submitted?

    Section 110(a) of the CAA requires states to submit regulations 
that control volatile organic compounds, oxides of nitrogen, 
particulate matter, and other air pollutants which harm human health 
and the environment. These rules were developed as part of the local 
agency's program to control these pollutants.

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 32111, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting federal

[[Page 42128]]

requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this rule will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.). Because this rule approves pre-existing requirements 
under state law and does not impose any additional enforceable duty 
beyond that required by state law, it does not contain any unfunded 
mandate or significantly or uniquely affect small governments, as 
described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-
4). This rule also does not have a substantial direct effect on one or 
more Indian tribes, on the relationship between the Federal Government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes, as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 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 federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This rule 
also is not subject to Executive Order 13045 (62 FR 19885, April 23, 
1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    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 action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 October 9, 2001. 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, Oxides of 
nitrogen, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compound.

    Dated: July 17, 2001.
Jane Diamond,
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)(239)(i)(C)(2) 
and (279)(i)(A)(4) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (239) * * *
    (i) * * *
    (C) * * *
    (2) Rules 108 and 108.1 adopted on May 2, 1996.
* * * * *
    (279) * * *
    (i) * * *
    (A) * * *
    (4) Rules 109 and 110 adopted on September 14, 1999.
* * * * *
[FR Doc. 01-20139 Filed 8-9-01; 8:45 am]
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