[Federal Register Volume 67, Number 13 (Friday, January 18, 2002)]
[Rules and Regulations]
[Pages 2573-2580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-189]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 053-REC; FRL-7122-8]


Corrections to the California State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is finalizing the deletion of various local rules from the 
California State Implementation Plan (SIP) that were incorporated into 
the SIP in error. These primarily include rules concerning local fees, 
enforcement authorities, New Source Performance Standards (NSPS) and 
National Emission Standards for Hazardous Air Pollutants (NESHAP). EPA 
has determined that the continued presence of these rules in the SIP is 
potentially confusing and thus harmful to affected sources, local 
agencies and to EPA. The intended effect of this final action is to 
delete these rules and make the SIP consistent with the Clean Air Act 
as amended in 1990 (CAA or the Act). This

[[Page 2574]]

action also reinserts a paragraph into the compilation of federal 
regulations that was deleted in error in the Federal Register on 
November 10, 1982 and redesignates another paragraph published in the 
Federal Register on June 23, 1982.

EFFECTIVE DATE: This rule is effective on February 19, 2002.

ADDRESSES: You can inspect copies of the administrative record for this 
action at EPA's Region IX office, 75 Hawthorne Street, San Francisco, 
CA 94105, during normal business hours. You may also see copies of the 
rules at the locations listed in SUPPLEMENTARY INFORMATION under 
``Public Inspection.''

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, (415) 947-4126. Email: 
[email protected]

SUPPLEMENTARY INFORMATION:

Public Inspection

    California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814.
    Amador County Air Pollution Control District, 500 Argonaut Lane, 
Jackson, CA 95642.
    Antelope Valley Air Pollution Control District, 43301 Division 
Street, Suite 206, Lancaster, CA 93539-4409.
    Bay Area Air Quality Management District, 939 Ellis Street, San 
Francisco, CA 94109.
    Butte County Air Quality Management District, 2525 Dominic Drive, 
Suite J, Chico, CA 95928-7184.
    Calaveras County Air Pollution Control District, 891 Mountain Ranch 
Road, San Andreas, CA 95249-9709.
    Colusa County Air Pollution Control District, 100 Sunrise Blvd. 
Suite F, Colusa, CA 95932-3246.
    El Dorado County Air Pollution Control District, 2850 Fairlane 
Court, Building C, Placerville, CA 95667-4100.
    Feather River Air Quality Management District, 938-14th Street, 
Marysville, CA 95901-4149.
    Glenn County Air Pollution Control District, 720 North Colusa 
Street, Willows, CA 95988-0351.
    Great Basin Unified Air Pollution Control District, 157 Short 
Street, Suite 6, Bishop, CA 93514.
    Imperial County Air Pollution Control District, 150 South Ninth 
Street, El Centro, CA 92243-2801.
    Kern County (Southeast Desert) Air Pollution Control District, 2700 
M. Street, Suite 302, Bakersfield, CA 93301-2370.
    Lake County Air Quality Management District, 883 Lakeport Blvd., 
Lakeport, CA 95453-5405.
    Lassen County Air Pollution Control District, 175 Russell Avenue, 
Susanville, CA 96130-4215.
    Mariposa County Air Pollution Control District, 5110 Bullion 
Street, Mariposa, CA 95338.
    Mendocino County Air Quality Management District, 306 E. Gobbi 
Street, Ukiah, CA 95482.
    Modoc County Air Pollution Control District, 202 W. Fourth Street, 
Alturas, CA 96101.
    Mojave Desert Air Quality Management District, 14306 Park Avenue, 
Victorville, CA 92392-2310.
    Monterey Bay Unified Air Pollution Control District, 24580 Silver 
Cloud Ct., Monterey, CA 93940-6536.
    North Coast Unified Air Quality Management District, 2300 Myrtle 
Avenue, Eureka, CA 95501-3327.
    Northern Sierra Air Quality Management District, 200 Litton Drive, 
Suite 320, Grass Valley, CA 95945-2509.
    Northern Sonoma County Air Pollution Control District, 150 Matheson 
Street, Healdsburg, CA 95448-4908.
    Placer County Air Pollution Control District, 11464 B Avenue, 
Auburn, CA 95603.
    San Diego County Air Pollution Control District, 9150 Chesapeake 
Drive, San Diego, CA 92123-1096.
    San Joaquin Valley Unified Air Pollution Control District, 1990 
East Gettysburg, Fresno, CA 93726.
    San Luis Obispo County Air Pollution Control District, 3433 Roberto 
Court, San Luis Obispo, CA 93401-7126.
    Santa Barbara County Air Pollution Control District, 26 Castilian 
Drive, B-23, Goleta, CA 93117.
    Shasta County Air Quality Management District, 1855 Placer Street, 
Suite 101, Redding, CA 96001-1759.
    Siskiyou County Air Pollution Control District, 525 South Foothill 
Drive, Yreka, CA 96097-3036.
    South Coast Air Quality Management District, 21865 E. Copley Drive, 
Diamond Bar, CA 91765.
    Tehama County Air Pollution Control District, 1750 Walnut Street, 
Red Bluff, CA 96080.
    Tuolumne County Air Pollution Control District, 22365 Airport, 
Columbia, CA 95310.
    Ventura County Air Pollution Control District, 669 County Square 
Drive, Ventura, CA 93003.
    Yolo-Solano Air Quality Management District, 1947 Galileo Court, 
Suite 103, Davis, CA 95616.
    Throughout this document wherever ``we,'' ``us,'' or ``our'' are 
used, we mean EPA.

Table of Contents

I. Proposed action.
II. Public comments and EPA responses.
III. EPA action.
IV. Administrative Requirements.

I. Proposed Action

    On September 13, 2001 (66 FR 47603), EPA proposed to delete various 
rules from the California SIP, after determining that they had been 
approved into the SIP in error. Most of these rules fall into one of 
the following categories:
    A. Various local fee provisions that are not economic incentive 
programs and are not designed to replace or relax a SIP emission limit. 
While it is appropriate for local agencies to implement fee provisions, 
for example, to recover costs for issuing permits, it is generally not 
appropriate to make local fee collection federally enforceable.
    B. Various provisions describing local agency investigative or 
enforcement authority such as some rules titled enforcement, authority 
to inspect, authority to arrest, violation notices, and orders for 
abatement. States may need to adopt such rules to demonstrate adequate 
enforcement authority under section 110(a)(2) of the Act, but they 
should not be approved into the applicable SIP to avoid potential 
conflict with EPA's independent authorities provided in sections 113, 
114, and elsewhere.
    C. Local adoption of federal NSPS requirements either by reference 
or by adopting text identical or modified from the requirements found 
in 40 CFR Part 60. Since EPA has independent authority to implement 40 
CFR Part 60, it is not appropriate to make parallel local authorities 
federally enforceable by approving them into the applicable SIP.
    D. Local adoption of NESHAP requirements found in 40 CFR 61 as 
similarly discussed regarding NSPS.
    A complete listing of each rule being deleted can be found in the 
proposed rule cited above.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period. 
During this period, we received two public comment letters: a letter 
dated October 9, 2001 from Lawrence D. Odle, air pollution control 
officer of Butte County Air Quality Management District (BCAQMD), and a 
letter dated September 24, 2001 from Robert L. Reynolds, air pollution 
control officer of Lake County Air Quality Management District 
(LCAQMD). The commenter from BCAQMD expresses support for

[[Page 2575]]

the proposed action. The commenter from LCAQMD requests that LCAQMD 
rules proposed for deletion from the California SIP be retained on the 
grounds that administration of LCAQMD's air pollution control program 
relies on these rules, which relate to investigative and enforcement 
authorities, penalties, and fees.
    EPA agrees that these rules are important for local administration 
of LCAQMD's program. However, removal of these rules from the SIP does 
not affect the authority LCAQMD has under State law to implement its 
program or enforce its rules. As explained above, provisions describing 
local agency investigative or enforcement authorities should not be 
approved into the SIP to avoid potential conflict with EPA's 
independent authorities provided in sections 113, 114, and elsewhere in 
the Act. Also, fee provisions that are not economic incentive programs 
and are not designed to replace or relax a SIP emission limit should 
not be approved into the SIP since doing so provides the basis for 
federal enforcement, i.e., by EPA or a citizen, which is inappropriate 
for local fee collection provisions. While, for the reasons stated, 
these types of provisions should not be approved into the SIP, some 
were erroneously approved into the California SIP, and the purpose of 
this action is to remove them.
    The commenter also requests that certain LCAQMD rules be updated in 
the SIP to reflect the most recent version of these rules. EPA cannot 
take action on revisions to these rules because they have not been 
submitted as official revisions to the California SIP by the California 
Air Resources Board, but more importantly, for the reasons discussed 
above, these rules, whether or not they are the most recent versions, 
are not the types of rules that are appropriate for approval into a 
SIP.

III. EPA Action

    No comments were submitted that change our assessment that the 
rules listed in the proposed rule are appropriate for deletion from the 
SIP. Therefore, as authorized in section 110(k)(6) of the Act, EPA is 
deleting all these rules from the California SIP.
    In this action, EPA is also reinserting a paragraph listing EPA-
approved rules of the California SIP that were inadvertently deleted 
from Title 40 of the Code of Federal Regulations, part 52, Sec. 52.220 
in other actions. On November 10, 1982, at 47 FR 50864, EPA published a 
final rulemaking action approving changes to rules of sixteen air 
pollution districts submitted by the California Air Resources Board as 
revisions to the California SIP. This action inadvertently deleted 
paragraph (B) from 40 CFR 52.220(c)(89)(iii). The rules listed in 
paragraph (B) of 52.220(c)(89)(iii) had previously been incorporated 
into the California SIP on April 12, 1982, at 47 FR 15585, and were not 
among the rules that were the subject of the action taken by EPA on 
November 10, 1982. This action corrects this inadvertent deletion by 
reinserting paragraph (B) to 40 CFR 52.220(c)(89)(iii).
    Section 553 of the Administrative Procedure Act, 5 U.S.C 553(b)(B), 
provides that, when an agency for good cause finds that notice and 
public procedures are impracticable, unnecessary or contrary to the 
public interest, the agency may issue a rule without providing notice 
and an opportunity for public comment. EPA has determined that there is 
good cause for making (the portion of) today's rule (that relates to 
technical corrections to the CFR) final without prior proposal and 
opportunity for comment because EPA is correcting inadvertent deletions 
of rules duly approved into a state implementation plan. The affected 
regulations were codified at 40 CFR part 52, subpart F, 
Sec. 52.220(c)(89)(iii)(B) prior to their inadvertent deletion, and 
were previously subject to notice and comment prior to EPA approval. 
Thus, notice and public procedures are unnecessary. EPA finds that this 
constitutes good cause under 5 U.S.C. 553(b)(B).
    EPA is also correcting the letter designation of a paragraph in 
Title 40 of the Code of Federal Regulations, part 52, section 52.220. 
On June 23, 1982, at 47 FR 27068, EPA added a second paragraph (B) to 
40 CFR 52.220 (c)(51)(xiv). However, a paragraph (B) citing different 
local rules had already been added to 40 CFR 52.220 (c)(51)(xiv) on May 
27, 1982, at 47 FR 23159. Today's action redesignates the material in 
the second paragraph (B) published on June 23, 1982 to paragraph (C). 
For the same reasons as provided above for the inadvertent deletion of 
SIP rules, EPA has determined that there is good cause for making this 
technical correction to the CFR final without prior proposal and 
opportunity for comment.
    Lastly, our proposed rule published on September 13, 2001 indicated 
that EPA was proposing to delete Fresno County Air Pollution Control 
District (APCD) rule 111 (Arrests and Notice to Appear) from the 
California SIP. The State of California submitted a number of local 
rules, including Fresno County APCD rule 111, to EPA on June 4, 1986 
for incorporation into the California SIP. On April 10, 1989, at 54 FR 
14224, EPA approved Fresno County APCD rule 111 into the California SIP 
through a direct final rulemaking. This approval was subsequently 
withdrawn on June 23, 1989, at 54 FR 26373, in response to receipt of 
adverse comment on our direct final approval. On June 22, 1989, at 54 
FR 262211, in anticipation of our withdrawal notice of June 23, 1989, 
we proposed to approve Fresno County APCD rule 111 into the California 
SIP, but the approval was never finalized. Therefore, Fresno County 
APCD rule 111 is not in the California SIP and is no longer a part of 
this action.

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 
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 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 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
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 
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, ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), because it is not economically significant.

[[Page 2576]]

    In this action, EPA is not developing or adopting a technical 
standard. 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. 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 March 19, 2002. 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, Reporting and 
recordkeeping requirements.

    Dated: December 12, 2001.
Sally Seymour,
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:
    a. By adding paragraphs: (b)(1)(ii), (b)(2)(ii), (b)(4)(ii), (b)(6) 
through (b)(11), (c)(6)(ii)(B), (c)(6)(iii)(B), (c)(6)(iv)(B), 
(c)(6)(v)(B), (c)(6)(vi)(B), (c)(6)(vii)(B), (c)(6)(x)(B), 
(c)(6)(xi)(B), (c)(6)(xii)(B), (c)(6)(xiii)(B), (c)(6)(xiv)(B), 
(c)(6)(xvi)(B), (c)(6)(xvii)(B), (c)(6)(xix)(B), (c)(6)(xx) to 
(c)(6)(xxii), (c)(21)(ix)(D), (c)(21)(xviii)(B), (c)(24)(vi)(D), 
(c)(25)(vii)(B), (c)(26)(ii)(D), (c)(26)(iv)(D) and (E), 
(c)(26)(xvii)(D), (c)(27)(vii)(D), (c)(27)(viii)(D), (c)(28)(viii)(B), 
(c)(29)(vi)(C), (c)(30)(v)(B), (c)(30)(vi)(B), (c)(31)(i)(G), 
(c)(31)(iii)(B), (c)(31)(vi)(E), (c)(31)(xviii)(F), (c)(32)(ii)(C), 
(c)(32)(iii)(F), (c)(35)(iii)(D), (c)(35)(v)(C), (c)(35)(xii)(H), 
(c)(35)(xiii)(D), (c)(35)(xv)(F), (c)(37)(iv)(E), (c)(37)(v)(D), 
(c)(39)(iii)(G), (c)(39)(iv)(G), (c)(39)(vii)(D), (c)(39)(x)(D), 
(c)(41)(ix)(D), (c)(41)(x)(D) through (G), (c)(42)(i)(F), 
(c)(42)(iii)(D), (c)(42)(viii)(B), (c)(42)(x)(C), (c)(42)(xiv)(D), 
(c)(44)(iv)(D), (c)(51)(xi)(B), (c)(51)(xiii)(C), (c)(51)(xiv)(D), 
(c)(51)(xviii)(B), (c)(51)(xx)(C), (c)(52)(ii)(C), (c)(52)(iv)(F), 
(c)(52)(xi)(C), (c)(52)(xv)(D), (c)(52)(xvi)(C), (c)(54)(vi)(B), 
(c)(70)(iv)(B), (c)(85)(vi)(C), (c)(85)(vii)(B), (c)(85)(x)(B), 
(c)(89)(iii)(B) and (C), (c)(92)(iv)(B), (c)(93)(iii)(C), 
(c)(93)(iv)(D), (c)(96)(iii)(C), (c)(98)(i)(E), (c)(101)(ii)(G), 
(c)(103)(xi)(B), (c)(103)(xiii)(C), (c)(103)(xiv)(C), 
(c)(103)(xvii)(C), (c)(119)(i)(D), (c)(124)(ii)(B), (c)(125)(iv)(C), 
(c)(125)(v)(C), (c)(126)(ii)(B), (c)(127)(v)(C), (c)(127)(vii)(F) and 
(G), (c)(137)(i)(C), (c)(137)(ii)(E), (c)(138)(i)(C), (c)(138)(ii)(E), 
(c)(138)(iii)(B), (c)(138)(iv)(B), (c)(138)(v)(E), (c)(140)(i)(D), 
(c)(140)(iii)(C), (c)(148)(ii)(C), (c)(153)(ii)(D), (c)(154)(i)(D), 
(c)(155)(v)(C), (c)(156)(ii)(B), (c)(158)(i)(C), (c)(159)(iii)(D), 
(c)(164)(i)(A)(2), (c)(164)(i)(B)(3), (c)(168)(i)(A)(5), 
(c)(168)(i)(C)(3), (c)(173)(i)(B)(2), (c)(173)(i)(D)(2), 
(c)(177)(i)(D)(3), (c)(179)(i)(B)(2), (c)(179)(i)(E)(4), 
(c)(246)(i)(A)(3); and
    b. By redesignating the second paragraph (c)(51)(xiv)(B) as 
(c)(51)(xiv)(C).
    The additions read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (b) * * *
    (1) * * *
    (ii) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Part X, Paragraph 3.
* * * * *
    (2) * * *
    (ii) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Rules 40 and 42.
* * * * *
    (4) * * *
    (ii) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Regulation 3, Rules 40, 
42, 43, and 44.
* * * * *
    (6) Lassen County APCD.
    (i) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Rules 1.4, 3.2, 3.3 
(Schedules 1-6), 3.4, and 3.5.
    (7) Nevada County APCD.
    (i) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Rule 41.
    (8) Orange County APCD.
    (i) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Rule 120.
    (9) Sierra County APCD.
    (i) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Rules 46 and 50.
    (10) Siskiyou County APCD.
    (i) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Rules 3.1, 3.2, and 3.3.
    (11) Yolo-Solano AQMD.
    (i) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Rules 1.7 and 2.18.
    (c) * * *
    (6) * * *
    (ii) * * *
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rule 109.
    (iii) * * *
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 1.4, 2.13, 6.11 
and 6.12.
    (iv) * * *
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 104, 105, 107, 
109, 303, and 304.
    (v) * * *
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 151 and 153.
    (vi) * * *
    (B) Previously approved on September 22, 1972 in paragraph (c) of

[[Page 2577]]

this section and now deleted without replacement, Rules 107, 109, 303, 
and 304.
    (vii) * * *
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rule 109.
* * * * *
    (x) * * *
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 107, 301 
(Paragraphs c to g, i, and j), 303, and 304.
    (xi) * * *
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rule 1.4.
    (xii) * * *
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 107 and 109.
    (xiii) * * *
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rule 107.
    (xiv) * * *
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 107 and 109.
* * * * *
    (xvi) * * *
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 42 and 100.
    (xvii) * * *
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 43, 44, and 
Rule 120.
* * * * *
    (xix) * * *
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 43 and 44 
(Mojave Desert AQMD only).
    (xx) Mariposa County APCD.
    (A) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rule 17.
    (xxi) Plumas County APCD.
    (A) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 3, 4, and 40.
    (xxii) Sutter County APCD.
    (A) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rule 2.20.
* * * * *
    (21) * * *
    (ix) * * *
    (D) Previously approved on August 22, 1977 in paragraph 
(c)(21)(ix)(A) of this section and now deleted without replacement, 
Rule 107.
* * * * *
    (xviii) * * *
    (B) Previously approved on September 8, 1978 in paragraph 
(c)(21)(xviii)(A) of this section and now deleted without replacement, 
Rule 45.
* * * * *
    (24) * * *
    (vi) * * *
    (D) Previously approved on August 22, 1977 in paragraph 
(c)(24)(vi)(A) of this section and now deleted without replacement, 
Rule 3.7.
* * * * *
    (25) * * *
    (vii) * * *
    (B) Previously approved on October 27, 1977 in paragraph 
(c)(25)(vii)(A) of this section and now deleted without replacement, 
Rules 302 and 303.
* * * * *
    (26) * * *
    (ii) * * *
    (D) Previously approved on May 11, 1977 in paragraph (c)(26)(ii)(B) 
of this section and now deleted without replacement, Regulation 7.
* * * * *
    (iv) * * *
    (D) Previously approved on May 11, 1977 in paragraph (c)(26)(iv)(A) 
of this section and now deleted without replacement, Rule 155.
    (E) Previously approved on August 22, 1977 in paragraph 
(c)(26)(iv)(A) of this section and now deleted without replacement, 
Rule 3.1.
* * * * *
    (xvii) * * *
    (D) Previously approved on June 14, 1978 in paragraph 
(c)(26)(xvii)(A) of this section and now deleted without replacement, 
Rule 105.
* * * * *
    (27) * * *
    (vii) * * *
    (D) Previously approved on June 14, 1978 in paragraph 
(c)(27)(vii)(A) of this section and now deleted without replacement, 
Rules 105, 601, and 602. (viii) * * *
    (D) Previously approved on June 14, 1978 in paragraph 
(c)(27)(viii)(A) of this section and now deleted without replacement, 
Rules 323, 601, and 602.
* * * * *
    (28) * * *
    (viii) * * *
    (B) Previously approved on August 22, 1977 in paragraph 
(c)(28)(viii)(A) of this section and now deleted without replacement, 
Rules 422 and 423.
* * * * *
    (29) * * *
    (vi) * * *
    (C) Previously approved on August 15, 1977 in paragraph 
(c)(29)(vi)(A) of this section and now deleted without replacement, 
Rule 72 (72-72.8).
* * * * *
    (30) * * *
    (v) * * *
    (B) Previously approved on August 22, 1977 in paragraph 
(c)(30)(v)(A) of this section and now deleted without replacement, 
Rules 422 and 423.
    (vi) * * *
    (B) Previously approved on August 22, 1977 in paragraph 
(c)(30)(vi)(A) of this section and now deleted without replacement, 
Rules 422 and 423.
* * * * *
    (31) * * *
    (i) * * *
    (G) Previously approved on June 6, 1977 in paragraph (c)(31)(i)(B) 
of this section and now deleted without replacement, Rules 105, 302, 
and 303.
* * * * *
    (iii) * * *
    (B) Previously approved on May 11, 1977 in paragraph 
(c)(31)(iii)(A) of this section and now deleted without replacement, 
Rule 5.
* * * * *
    (vi) * * *
    (E) Previously approved on June 14, 1978 in paragraph 
(c)(31)(vi)(B) of this section and now deleted without replacement, 
Rule 105.
* * * * *
    (xviii) * * *
    (F) Previously approved on June 14, 1978 in paragraph 
(c)(31)(xvii)(B) of this section and now deleted without replacement, 
Rule 105.
* * * * *
    (32) * * *
    (ii) * * *
    (C) Previously approved on August 22, 1977 in paragraph 
(c)(32)(ii)(A) of this section and now deleted without replacement, 
Rules 104, 105, 112, 422, and 423.
    (iii) * * *
    (F) Previously approved on June 14, 1978 in paragraph 
(c)(32)(iii)(C) of this section and now deleted without replacement, 
Rule 302.
* * * * *
    (35) * * *
    (iii) * * *
    (D) Previously approved on August 15, 1977 in paragraph 
(c)(35)(iii)(B) of this section and now deleted without

[[Page 2578]]

replacement, Rules 72 (72.9-72.10) and 73.
* * * * *
    (v) * * *
    (C) Previously approved on October 4, 1977 in paragraph 
(c)(35)(v)(A) of this section and now deleted without replacement, 
Rules 104, 105, and 112.
* * * * *
    (xii) * * *
    (H) Previously approved on August 4, 1978 in paragraph 
(c)(35)(xii)(A) of this section and now deleted without replacement, 
Rules 110 and 111.
    (xiii) * * *
    (D) Previously approved on March 22, 1978 in paragraph 
(c)(35)(xiii)(A) of this section and now deleted without replacement, 
Rule 104.
* * * * *
    (xv) * * *
    (F) Previously approved on November 7, 1978 in paragraph 
(c)(35)(xv)(C) of this section and now deleted without replacement, 
Rules 340.
* * * * *
    (37) * * *
    (iv) * * *
    (E) Previously approved on August 4, 1978 in paragraph 
(c)(37)(iv)(B) of this section and now deleted without replacement, 
Rules 531, 901, and 1500.
    (v) * * *
    (D) Previously approved on December 6, 1979 in paragraph 
(c)(37)(v)(B) of this section and now deleted without replacement, 
Rules 216, 323, and 324.
* * * * *
    (39) * * *
    (iii) * * *
    (G) Previously approved on September 8, 1978 in paragraph 
(c)(39)(iii)(C) of this section and now deleted without replacement, 
Rules 42 and 105.
    (iv) * * *
    (G) Previously approved on September 8, 1978 in paragraph 
(c)(39)(iv)(C) of this section and now deleted without replacement, 
Rules 42 and 301.
* * * * *
    (vii) * * *
    (D) Previously approved on August 16, 1978 in paragraph 
(c)(39)(vii)(A) of this section and now deleted without replacement, 
Rules 216 and 402.
* * * * *
    (x) * * *
    (D) Previously approved on September 14, 1978 in paragraph 
(c)(39)(x)(A) of this section and now deleted without replacement, Rule 
402.
* * * * *
    (41) * * *
    (ix) * * *
    (D) Previously approved on November 7, 1978 in paragraph 
(c)(41)(ix)(A) of this section and now deleted without replacement, 
Rules 216, 324, 402, 602, 603, and 604.
    (x) * * *
    (D) Previously approved on November 15, 1978 in paragraph 
(c)(41)(x)(A) of this section and now deleted without replacement, Rule 
402.
    (E) Previously approved on November 15, 1978 in paragraph 
(c)(41)(x)(A) of this section and now deleted without replacement, 
Rules 801 to 804 (Lake Tahoe Air Basin).
    (F) Previously approved on November 15, 1978 in paragraph 
(c)(41)(x)(A) of this section and now deleted without replacement, 
Rules 801, 802, 803 (paragraphs B and C), and 804 (Mountain Counties 
Air Basin).
    (G) Previously approved on November 15, 1978 in paragraph 
(c)(41)(x)(A) of this section and now deleted without replacement, 
Rules 603, 604, 605, and 801 to 804 (Sacramento Valley Air Basin).
* * * * *
    (42) * * *
    (i) * * *
    (F) Previously approved on August 11, 1978 in paragraph 
(c)(42)(i)(A) of this section and now deleted without replacement, 
Rules 104, 106, and 303.
* * * * *
    (iii) * * *
    (D) Previously approved on August 4, 1978 in paragraph 
(c)(42)(iii)(A) of this section and now deleted without replacement, 
Rules 104 and 110.
* * * * *
    (viii) * * *
    (B) Previously approved on September 14, 1978 in paragraph 
(c)(42)(viii)(A) of this section and now deleted without replacement, 
Rules 152 and 154.
* * * * *
    (x) * * *
    (C) Previously approved on November 6, 1978 in paragraph 
(c)(42)(x)(A) of this section and now deleted without replacement, 
Rules 216, 324, and 402.
* * * * *
    (xiv) * * *
    (D) Previously approved on December 21, 1978 in paragraph 
(c)(42)(xiv)(A) of this section and now deleted without replacement, 
Rule 105 (Mojave Desert AQMD only).
* * * * *
    (44) * * *
    (iv) * * *
    (D) Previously approved on January 29, 1979 in paragraph 
(c)(44)(iv)(A) of this section and now deleted without replacement, 
Rule 1.4.
* * * * *
    (51) * * *
    (xi) * * *
    (B) Previously approved on January 27, 1981 in paragraph 
(c)(51)(xi)(A) of this section and now deleted without replacement, 
Rule 660.
* * * * *
    (xiii) * * *
    (C) Previously approved on May 18, 1981 in paragraph 
(c)(51)(xiii)(A) of this section and now deleted without replacement, 
Rule 402.
    (xiv) * * *
    (D) Previously approved on May 18, 1981 in paragraph 
(c)(51)(xiv)(A) of this section and now deleted without replacement, 
Rules 801 to 804.
* * * * *
    (xviii) * * *
    (B) Previously approved on January 25, 1982 in paragraph 
(c)(51)(xviii)(A) of this section and now deleted without replacement, 
Rule 618.
* * * * *
    (xx) * * *
    (C) Previously approved on June 18, 1982 in paragraph 
(c)(51)(xx)(A) of this section and now deleted without replacement, 
Rule 9.
* * * * *
    (52) * * *
    (ii) * * *
    (C) Previously approved on January 27, 1981 in paragraph 
(c)(52)(ii)(B) of this section and now deleted without replacement, 
Rules 304 and 706.
* * * * *
    (iv) * * *
    (F) Previously approved on December 9, 1981 in paragraph 
(c)(52)(iv)(B) of this section and now deleted without replacement, 
Rule 301.
* * * * *
    (xi) * * *
    (C) Previously approved on May 18, 1981 in paragraph (c)(52)(xi)(A) 
of this section and now deleted without replacement, Rules 103, 402, 
and 601 to 604.
* * * * *
    (xv) * * *
    (D) Previously approved on December 9, 1981 in paragraph 
(c)(52)(xv)(B) of this section and now deleted without replacement, 
Rule 302.
    (xvi) * * *
    (C) Previously approved on January 26, 1982 in paragraph 
(c)(52)(xvi)(A) of this section and now deleted without replacement, 
Rules 7.0, 7.1, and 8.1.
* * * * *
    (54) * * *
    (vi) * * *
    (B) Previously approved on January 26, 1982 in paragraph 
(c)(54)(vi)(A) of this section and now deleted without replacement, 
Rule 1.4.
* * * * *

[[Page 2579]]

    (70) * * *
    (iv) * * *
    (B) Previously approved on May 27, 1982 in paragraph (c)(70)(iv)(A) 
of this section and now deleted without replacement, Rules 601 to 613.
* * * * *
    (85) * * *
    (vi) * * *
    (C) Previously approved on April 12, 1982 in paragraph 
(c)(85)(vi)(A) of this section and now deleted without replacement, 
Rules 1.3 and 2.9.
    (vii) * * *
    (B) Previously approved on June 18, 1982 in paragraph 
(c)(85)(vii)(A) of this section and now deleted without replacement, 
Rule 210.
* * * * *
    (x) * * *
    (B) Previously approved on July 6, 1982 in paragraph (c)(85)(x)(A) 
of this section and now deleted without replacement, Rule 110.
* * * * *
    (89) * * *
    (iii) * * *
    (B) New or amended rules 1.3, 3.0-3.7, 3.9, 3.10, 3.13, 4.0-4.5, 
4.7 to 4.10, 4.12, 5.4, 6.0, 8.0, 8.2, 9.0-9.5, 9.7, and 9.8.
    (C) Previously approved on April 12, 1982 in paragraph 
(c)(89)(iii)(B) of this section and now deleted without replacement, 
Rules 8.0, 8.2 and 9.0 to 9.4.
* * * * *
    (92) * * *
    (iv) * * *
    (B) Previously approved on April 13, 1982 in paragraph 
(c)(92)(iv)(A) of this section and now deleted without replacement, 
Rule 300.
* * * * *
    (93) * * *
    (iii) * * *
    (C) Previously approved on June 18, 1982 in paragraph 
(c)(93)(iii)(B) of this section and now deleted without replacement, 
Rule 509.
    (iv) * * *
    (D) Previously approved on June 18, 1982 in paragraph 
(c)(93)(iv)(B) of this section and now deleted without replacement, 
Rule 509.
* * * * *
    (96) * * *
    (iii) * * *
    (C) Previously approved on January 26, 1982 in paragraph 
(c)(96)(iii)(A) of this section and now deleted without replacement, 
Rule 3.
* * * * *
    (98) * * *
    (i) * * *
    (E) Previously approved on April 12, 1982 in paragraph 
(c)(98)(i)(B) of this section and now deleted without replacement, 
Rules 8.0 to 8.2 and 9.0 and 9.4.
* * * * *
    (101) * * *
    (ii) * * *
    (G) Previously approved on July 6, 1982 in paragraph 
(c)(101)(ii)(B) of this section and now deleted without replacement, 
Rules 301 and 302 (including Southeast Desert).
* * * * *
    (103) * * *
    (xi) * * *
    (B) Previously approved on April 13, 1982 in paragraph 
(c)(103)(xi)(A) of this section and now deleted without replacement, 
Rule 301.
* * * * *
    (xiii) * * *
    (C) Previously approved on May 27, 1982 in paragraph 
(c)(103)(xiii)(A) of this section and now deleted without replacement, 
Rules 318 and 319.
    (xiv) * * *
    (C) Previously approved on May 27, 1982 in paragraph 
(c)(103)(xiv)(A) of this section and now deleted without replacement, 
Rules 301, 302, 306, and 307.
* * * * *
    (xvii) * * *
    (C) Previously approved on May 27, 1982 in paragraph 
(c)(103)(xvii)(A) of this section and now deleted without replacement, 
Rule 509.
* * * * *
    (119) * * *
    (i) * * *
    (D) Previously approved on May 27, 1982 in paragraph (c)(119)(i)(A) 
of this section and now deleted without replacement, Rule 509.
* * * * *
    (124) * * *
    (ii) * * *
    (B) Previously approved on November 10, 1982 in paragraph 
(c)(124)(ii)(A) of this section and now deleted without replacement, 
Rules 660.1, 660.2, and 660.3.
* * * * *
    (125) * * *
    (iv) * * *
    (C) Previously approved on November 10, 1982 in paragraph 
(c)(125)(iv)(A) of this section and now deleted without replacement, 
Rule 2:11.
    (v) * * *
    (C) Previously approved on November 10, 1982 in paragraph 
(c)(125)(v)(A) of this section and now deleted without replacement, 
Rule 104.
* * * * *
    (126) * * *
    (ii) * * *
    (B) Previously approved on June 1, 1983 in paragraph 
(c)(126)(ii)(A) of this section and now deleted without replacement, 
Rule 210D.
* * * * *
    (127) * * *
    (v) * * *
    (C) Previously approved on August 9, 1985 in paragraph 
(c)(127)(v)(B) of this section and now deleted without replacement, 
Rule 301.
* * * * *
    (vii) * *  *
    (F) Previously approved on November 18, 1983 in paragraph 
(c)(127)(vii)(A) of this section and now deleted without replacement 
for implementation in the Antelope Valley Air Pollution Control 
District and the South Coast Air Quality Management District, Rule 302.
    (G) Previously approved on October 19, 1984 in paragraph 
(c)(127)(vii)(C) of this section and now deleted without replacement 
for implementation in the Antelope Valley Air Pollution Control 
District and the South Coast Air Quality Management District, Rule 304.
* * * * *
    (137) * * *
    (i) * * *
    (C) Previously approved on February 1, 1984 in paragraph 
(c)(137)(i)(A) of this section and now deleted without replacement, 
Rules 301.1 and 302 (including Southeast Desert).
    (ii) * * *
    (E) Previously approved on February 1, 1984 in paragraph 
(c)(137)(ii)(A) of this section and now deleted without replacement, 
Rules 104, 113, and 301 (paragraphs a, b, and h).
* * * * *
    (138) * * *
    (i) * * *
    (C) Previously approved on November 18, 1983 in paragraph 
(c)(138)(i)(A) of this section and now deleted without replacement, 
Rules 4-2, 4-11, and 5-3.
    (ii) * * *
    (E) Previously approved on November 18, 1983 in paragraph 
(c)(138)(ii)(A) of this section and now deleted without replacement, 
Rules 609 to 612 (Mountain Counties Air Basin).
    (iii) * * *
    (B) Previously approved on November 18, 1983 in paragraph 
(c)(138)(iii)(A) of this section and now deleted without replacement, 
Rule 301.
    (iv) * * *
    (B) Previously approved on November 18, 1983 in paragraph 
(c)(138)(iv)(A) of this section and now deleted without replacement, 
Rules 900 and 902.
    (v) * * *
    (E) Previously approved on November 18, 1983 in paragraph 
(c)(138)(v)(A) of this section and now deleted without replacement, 
Rules 105, 108, 111, and 301 to 304.
* * * * *

[[Page 2580]]

    (140) * * *
    (i) * * *
    (D) Previously approved on May 3, 1984 in paragraph (c)(140)(i)(A) 
of this section and now deleted without replacement, Regulation 3: 
Rules 3-100 through 3-103, 3-200 through 3-211, 3-300, 3-302 through 3-
313, and 3-400 through 3-409.
* * * * *
    (iii) * * *
    (C) Previously approved on May 3, 1984 in paragraph 
(c)(140)(iii)(A) of this section and now deleted without replacement, 
Rule 109.
* * * * *
    (148) * * *
    (ii) * * *
    (C) Previously approved on May 3, 1984 in paragraph (c)(148)(ii)(A) 
of this section and now deleted without replacement, Rule 226.
* * * * *
    (153) * * *
    (ii) * * *
    (D) Previously approved on December 5, 1984 in paragraph 
(c)(153)(ii)(A) of this section and now deleted without replacement, 
Rules 500 and 520.
* * * * *
    (154) * * *
    (i) * * *
    (D) Previously approved on December 5, 1984 in paragraph 
(c)(154)(i)(A) of this section and now deleted without replacement, 
Rules 500, 520, and Regulation 2: Rule 502.1.
* * * * *
    (155) * * *
    (v) * * *
    (C) Previously approved on January 29, 1985 in paragraph 
(c)(155)(v)(A) of this section and now deleted without replacement, 
Regulation 2: Rule 502.
* * * * *
    (156) * * *
    (ii) * * *
    (B) Previously approved on January 29, 1985 in paragraph 
(c)(156)(ii)(A) of this section and now deleted without replacement, 
Rule 112.
* * * * *
    (158) * * *
    (i) * * *
    (C) Previously approved on May 9, 1985 in paragraph (c)(158)(i)(A) 
of this section and now deleted without replacement, Rule 2-502.2.
* * * * *
    (159) * * *
    (iii) * * *
    (D) Previously approved on July 13, 1987 in paragraph 
(c)(159)(iii)(A) of this section and now deleted without replacement, 
Rule 104.
* * * * *
    (164) * * *
    (i) * * *
    (A) * * *
    (2) Previously approved on April 17, 1987 in paragraph 
(c)(164)(i)(A)(1) of this section and now deleted without replacement, 
Rules 318, 319, and 509.
    (B) * * *
    (3) Previously approved on April 17, 1987 in paragraph 
(c)(164)(i)(B)(1) of this section and now deleted without replacement, 
Rules 500 and 520.
* * * * *
    (168) * * *
    (i) * * *
    (A) * * *
    (5) Previously approved on February 3, 1987 in paragraph 
(c)(168)(i)(A)(1) of this section and now deleted without replacement, 
Rules 701, 702, 703, and 902.
* * * * *
    (C) * * *
    (3) Previously approved on February 3, 1987 in paragraph 
(c)(168)(i)(C)(1) of this section and now deleted without replacement, 
Rule 803.
* * * * *
    (173) * * *
    (i) * * *
    (B) * * *
    (2) Previously approved on February 3, 1989 in paragraph 
(c)(173)(i)(B)(1) of this section and now deleted without replacement, 
Rules 105 and 108.
* * * * *
    (D) * * *
    (2) Previously approved on February 3, 1989 in paragraph 
(c)(173)(i)(D)(1) of this section and now deleted without replacement, 
Rule 110.
* * * * *
    (177) * * *
    (i) * * *
    (D) * * *
    (3) Previously approved on April 16, 1991 in paragraph 
(c)(177)(i)(D)(1) of this section and now deleted without replacement, 
Rule 112.
* * * * *
    (179) * * *
    (i) * * *
    (B) * * *
    (2) Previously approved on November 27, 1990 in paragraph 
(c)(179)(i)(B)(1) of this section and now deleted without replacement, 
Rule 105.
* * * * *
    (E) * * *
    (4) Previously approved on November 4, 1996 in paragraph 
(c)(179)(i)(E)(1) of this section and now deleted without replacement, 
Rule 1.4.
* * * * *
    (246) * * *
    (i) * * *
    (A) * * *
    (3) Previously approved on September 16, 1997 in paragraph 
(c)(246)(i)(A)(1) of this section and now deleted without replacement, 
Rule 223.
* * * * *
[FR Doc. 02-189 Filed 1-17-02; 8:45 am]
BILLING CODE 6560-50-P