[Federal Register Volume 67, Number 67 (Monday, April 8, 2002)]
[Rules and Regulations]
[Pages 16644-16646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8287]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 259-0332a; FRL-7158-7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
South Coast Air Quality Management District (SCAQMD) portion of the 
California State Implementation Plan (SIP). This revision concerns the 
emission of particulate matter (PM-10) from open fires. We are 
approving local rules that regulate this emission source under the 
Clean Air Act as amended in 1990 (CAA or the Act).

DATES: This rule is effective on June 7, 2002 without further notice, 
unless EPA receives adverse comments by May 8, 2002. If we receive such 
comments, 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.
    You can inspect copies of the submitted rule revisions and EPA's 
technical support document (TSD) at our Region IX office during normal 
business hours. You may also see copies of the submitted rule revisions 
and TSD at the following locations:

Environmental Protection Agency, Air Docket (6102), Ariel Rios 
Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814.
South Coast Air Quality Management District, 21865 East Copley Drive, 
Diamond Bar, CA 91765.

FOR FURTHER INFORMATION CONTACT: Al Petersen, Rulemaking Office (AIR-
4), U.S. Environmental Protection Agency, Region IX; (415) 947-4118.

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. 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 date that they 
were adopted by the local air agency and submitted by the California 
Air Resources Board (CARB).

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
          Local agency              Rule No.                  Rule title                  Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD..........................          208  Permit and Burn Authorization for Open      12/21/01     01/22/02
                                                Burning.
SCAQMD..........................          444  Open Fires.............................     12/21/01     01/22/02
----------------------------------------------------------------------------------------------------------------

    On February 26, 2002, this 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 These Rules?

    We approved into the SIP on November 8, 1999 (64 FR 60687) a 
version of Rule 208, adopted on January 5, 1990. We approved into the 
SIP on July 26, 2000 (65 FR 45912) a version of Rule 444, adopted on 
October 2, 1987.

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

    The purpose of the submitted revised Rules 208 and 444 is to remedy 
the deficiencies cited in the limited approval of Rule 444 on July 26, 
2000 (65 FR 45912).

II. EPA's Evaluation and Action

A. How Is EPA Evaluating the Rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the 
CAA) and must not relax existing requirements (see sections 110(l) and 
193). Section 189(b) of the CAA requires serious nonattainment areas 
with significant PM-10 sources to adopt best available control measures 
(BACM), including best available control technology (BACT). SCAQMD is a 
serious PM-10 nonattainment area and must meet the requirements of 
BACM/BACT. BACM/BACT is not required for source categories that are not 
significant (de minimus) and there are no major sources. See Addendum 
to the General Preamble for the Implementation of Title I of the Clean 
Air Act Amendments of 1990, 59 FR 41998 (August 16, 1994).
    The following guidance documents were used for reference:

[[Page 16645]]

     Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans, U.S. EPA, 40 CFR part 51.
     General Preamble Appendix C3--Prescribed Burning Control 
Measures (57 FR 18072, April 28, 1992).
     Prescribed Burning Background Document and Technical 
Information Document for Best Available Control Measures (EPA-450/2-92-
003).
     General Preamble for the Implementation of Title I of the 
Clean Air Act Amendments of 1990, 57 FR 13498, 13540 (April 16, 1992).
     Addendum to the General Preamble for the Implementation of 
Title I of the Clean Air Act Amendments of 1990, 59 FR 41998 (August 
16, 1994).
     PM-10 Guideline Document, EPA-452/R-93-008.

B. Do the Rules Meet the Evaluation Criteria?

    We believe the rules are consistent with the relevant policy and 
guidance regarding enforceability, SIP relaxations, and fulfilling 
BACM/BACT. All of the deficiencies identified in our previous limited 
approval and limited disapproval action on Rule 444 have been 
adequately addressed as follows:
     (An overall approach should be used for approving burns 
based on an evaluation of the airshed's capacity/capability to disperse 
emissions on permissive-burn days so that cumulative PM-10 emissions 
from all burns and other PM-10 sources in the airshed will not cause or 
contribute to violations of the PM-10 National Ambient Air Quality 
Standards.) Alternatively, the District related the airshed's capacity/
capability to disperse emissions to specific meteorological conditions 
in specific air basins. 444(c)(10 and 11). Open burning is prohibited, 
unless permissive-burn day or marginal-burn day requirements, related 
to meteorological conditions and to the California 1-hr ozone standard, 
are met. 444(c)(14). We have determined that this approach fulfills 
BACM requirements.
     (The rule should encourage burners to complete voluntary 
burning training and to use emission reduction techniques by offering 
incentives, such as priority permission to burn on a permissive-burn 
day.) The rule requires prioritizing authorization of burn requests 
based on the burner's demonstrated level of burning training and on 
measures identified in the smoke management plan to reduce emissions. 
444(d)(7)(E). We have determined that these incentives fulfill BACM 
requirements.
    Other revisions that improve Rule 444 are as follows:
     Thresholds were established for maximum daily burn 
acreage.
     The permissible window for burning was refined.
     Smoke management plans are required for projects larger 
than 10 acres.
     Many definitions were added.
     The rule applicability and prohibition on residential 
burning were clarified.
     Exemptions for fire suppression training, burning of 
Russian thistle, and ignition of pyrotechnics were clarified.
    Exemptions were added to Rule 444 for fireworks, pyrotechnic 
displays, explosive detonations and fire effects. This includes special 
effects used for filming, video recordings, and theatrical productions, 
although fire effects are limited to 30 minutes and clean fuels. These 
source categories are de minimus, therefore section 110(l) of the CAA 
is not violated.
    Rule 208 was revised to be consistent with Rule 444 as follows:
     Authority for the local fire protection agency to issue a 
burn permit, in addition to the Executive Officer, was added.
     The requirement to obtain burn authorization from the 
Executive Officer for each day of burning was added. The TSD has more 
information on our evaluation.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the CAA, EPA is fully 
approving the submitted rules because we believe they fulfill 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 
simultaneously proposing approval of the same submitted rules. If we 
receive adverse comments by May 8, 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 June 7, 2002. This will incorporate these 
rules into the federally-enforceable SIP.
    Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this direct final rule and if that provision 
may be severed from the remainder of the rule, EPA may adopt as final 
those provisions of the rule that are not the subject of an adverse 
comment.

III. Background Information

Why Was This Rule Submitted?

    PM-10 harms human health and the environment. Section 110(a) of the 
CAA requires states to submit regulations that control PM-10 emissions. 
Table 2 lists some of the national milestones leading to the submittal 
of local agency PM-10 rules.

                Table 2.--PM-10 Nonattainment Milestones
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               Date                                 Event
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March 3, 1978.....................  EPA promulgated a list of total
                                     suspended particulate (TSP)
                                     nonattainment areas under the Clean
                                     Air Act, as amended in 1977. 43 FR
                                     8964; 40 CFR 81.305.
July 1, 1987......................  EPA replaced the TSP standards with
                                     new PM standards applying only up
                                     to 10 microns in diameter (PM-10).
                                     52 FR 24672.
November 15, 1990.................  Clean Air Act Amendments of 1990
                                     were enacted, Pub. L. 101-549, 104
                                     Stat. 2399, codified at 42 U.S.C.
                                     7401-7671q.
November 15, 1990.................  PM-10 areas meeting the
                                     qualifications of section
                                     107(d)(4)(B) of the CAA were
                                     designated nonattainment by
                                     operation of law and classified as
                                     moderate pursuant to section
                                     188(a). States are required by
                                     section 110(a) to submit rules
                                     regulating PM-10 emissions in order
                                     to achieve the attainment dates
                                     specified in section 188(c).
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[[Page 16646]]

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 13211, 
``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 (Public Law 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 CAA. 
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 CAA. 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 CAA. 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 7, 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, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: March 1, 2002.
Keith Takata,
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 paragraph (c) (293) to read 
as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (293) New and amended regulations for the following APCDs were 
submitted on January 22, 2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rules 208 and 444, adopted on December 21, 2001.
* * * * *
[FR Doc. 02-8287 Filed 4-5-02; 8:45 am]
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