[Federal Register Volume 67, Number 41 (Friday, March 1, 2002)]
[Rules and Regulations]
[Pages 9403-9405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4784]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA248-0293a; FRL-7149-6]


Revisions to the California State Implementation Plan, El Dorado 
Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve a revision to the 
El Dorado County Air Pollution Control District's (EDCAPCD) portion of 
the California State Implementation Plan (SIP). The action consists of 
incorporating a revised version of Rule 523, New Source Review, into 
the SIP. The intended effect of approving Rule 523 is to regulate air 
pollution in accordance with the requirements of the Clean Air Act, as 
amended in 1990 (CAA or the Act). Rule 523 consists of definitions of 
all terms relating to new sources and modifications to existing sources 
of air pollution, source permitting requirements, including 
applicability, major source definitions, offsets, increment analysis, 
and Lowest Achievable Emission Rate (LAER)/Best Available Control 
Technology (BACT). EPA is finalizing the approval of Rule 523 into 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 April 30, 2002 without further notice, 
unless EPA receives adverse comments by April 1, 2002. 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 Roger Kohn, Permits Office (AIR-3), U.S. 
Environmental Protection Agency, Region IX, 75 Hawthorne Street, San 
Francisco, CA 94105-3901.
    You can inspect copies of the submitted SIP revision and EPA's 
technical support document (TSD) at our Region IX office during normal 
business hours. You may also see copies of the submitted SIP revision 
at the following locations:

Environmental Protection Agency, Region 9, 75 Hawthorne Street, San 
Francisco, CA 94105
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95812.
El Dorado County Air Pollution Control District, 2850 Fairlane Ct., 
Bldg. C, Placerville, CA 95667-4100.

FOR FURTHER INFORMATION CONTACT: Roger Kohn, Permits Office (AIR-3), 
U.S. Environmental Protection Agency, Region IX, (415) 972-3973, e-
mail: [email protected]

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

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule revision?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. Public comment and final action.
III. Background Information
    Why Was This Rule Submitted?
IV. Administrative Requirements

I. The State's Submittal

A. What Rule Did the State Submit?

    Table 1 lists the rule we are approving with the date that it was 
adopted by EDCAPCD and submitted by the California Air Resources Board 
(CARB).

                                            Table 1.--Submitted Rule
----------------------------------------------------------------------------------------------------------------
           Local Agency              Rule #                  Rule title                   Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
EDCAPCD..........................        523  New Source Review.......................     11/20/01     12/18/01
----------------------------------------------------------------------------------------------------------------

    On January 4, 2002, this rule submittal was 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 This Rule?

    We finalized a limited approval and limited disapproval of Rule 523 
on February 2, 2000 (65 FR 4887). The limited approval portion of that 
rulemaking incorporated Rule 523 into the federally enforceable SIP and 
the limited disapproval portion of triggered sanctions and FIP clocks 
under sections 179(a) and 110(c) of the CAA. The EDCAPCD adopted a 
revision to the SIP-approved version and CARB submitted it to us on May 
23, 2001. This revision was submitted to correct the deficiencies noted 
in EPA's February 2, 2000 rulemaking. Rule 523 was subsequently revised 
and submitted again on the dates indicated in Table 1 above. While we 
can act on only the most recently submitted version of the rule, we 
have reviewed materials provided with the May 23, 2001 submittal.

C. What is the Purpose of the Submitted Rule Revision?

    The rule revision contains new or revised provisions on offsets and 
interprecursor trading that correct the four rule deficiencies noted in 
our February 2, 2000 rulemaking. A detailed discussion of the rule 
deficiencies and the EDCAPCD rule revisions that corrected them is 
included in the Technical Support Document (TSD) for this rulemaking.

II. EPA's Evaluation and Action

A. How is EPA Evaluating the Rule?

    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 
requirements include the following:
    The air quality planning requirements for nonattainment new source 
review (NSR) are set out in part D of title I of the Clean Air Act. EPA 
has issued a ``General Preamble'' describing EPA's preliminary views on 
how EPA intends to review SIPs and SIP revisions submitted under part 
D, including those State submittals containing nonattainment NSR SIP 
requirements (see 57 FR 13498 (April 16, 1992) and 57 FR 18070 (April 
28, 1992)).

B. Does the Rule Meet the Evaluation Criteria?

    We believe this rule is consistent with the relevant policy and 
guidance regarding enforceability, SIP relaxations, and nonattainment 
NSR requirements.

[[Page 9404]]

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted rule because we believe it fulfills all 
relevant requirements. We do not think anyone will object to this, so 
we are finalizing the approval without proposing it in advance. 
However, in the Proposed Rules section of this Federal Register, we are 
also proposing approval of the same submitted rule. If we receive 
adverse comments by April 1, 2002, 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 April 30, 2002. This will incorporate the 
rule into the federally enforceable SIP and permanently terminate any 
sanctions or FIP clocks associated with our January 15, 1999 action.

III. Background Information

Why Was This Rule Submitted?

    Part D of the CAA (sections 171, 172, 173, 182, 187, and 189) 
requires that States incorporate into the applicable SIP an acceptable 
permitting program for the preconstruction review of new or modified 
major stationary sources in nonattainment areas. In addition, section 
110(a)(2)(C) of the CAA requires that States regulate the modification 
and construction of all sources, including non-major sources, as 
necessary to assure that national ambient air quality standards are 
achieved. The 1990 Amendments created certain new requirements for 
States, especially relating to ozone and PM-10 nonattainment areas. 
EPA's requirements are contained in 40 CFR 51.160 through 51.165 and 
the Emissions Trading Policy Statement (51 FR 43814). The primary 
intent of the submitted District rules is to update the applicable SIP 
to reflect changes in nonattainment area requirements that were 
mandated by the 1990 Amendments.

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 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 (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). This action also does not have Federalism 
implications because it does 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). This action 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, 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (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. 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 April 30, 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: February 8, 2002.
Wayne Nastri,
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 paragraph (c)(291) to read 
as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *

[[Page 9405]]

    (291) Amended regulation for the following APCD was submitted on 
December 18, 2001, by the Governor's designee.
    (i) Incorporation by reference.
    (A) El Dorado County Air Pollution Control District.
    (1) Rule 523, adopted on November 20, 2001.

[FR Doc. 02-4784 Filed 2-28-02; 8:45 am]
BILLING CODE 6560-50-P