[Federal Register Volume 67, Number 115 (Friday, June 14, 2002)]
[Rules and Regulations]
[Pages 40867-40870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14512]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 250-0331a; FRL-7165-4]


Revisions to the California State Implementation Plan, Lake 
County Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

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

DATES: This rule is effective on August 13, 2002 without further 
notice, unless EPA receives adverse comments by July 15, 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

[[Page 40868]]

Pennsylvania Avenue, NW., Washington DC 20460.
    California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814.
    Lake County Air Quality Management District, 885 Lakeport 
Boulevard, Lakeport, CA 95453.

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
    A. 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
----------------------------------------------------------------------------------------------------------------
                                         Section No.
              Local agency                [Rule No.]              Rule title                Adopted    Submitted
----------------------------------------------------------------------------------------------------------------
LCAQMD.................................        203    Agricultural Burning..............    06/19/01    10/30/01
LCAQMD.................................        204.5  Air Quality.......................    06/19/01    10/30/01
LCAQMD.................................        208.3  Burn Plan or Smoke Management Plan    06/19/01    10/30/01
LCAQMD.................................        208.8  Burn Day or Permissive Burn Day...    06/19/01    10/30/01
LCAQMD.................................        226.4  Fire Protection Agency............    06/19/01    10/30/01
LCAQMD.................................        226.5  Fire Season--Burn Ban.............    06/19/01    10/30/01
LCAQMD.................................        240.8  No Burn Day.......................    06/19/01    10/30/01
LCAQMD.................................        246    Particulate Matter................    06/19/01    10/30/01
LCAQMD.................................        248.3  Pre-Fire Fuel Treatment...........    06/19/01    10/30/01
LCAQMD.................................        248.5  Prescribed Burning................    06/19/01    10/30/01
LCAQMD.................................        249.5  Range Improvement Burning.........    06/19/01    10/30/01
LCAQMD.................................        251.7  Smoke Sensitive Areas.............    06/19/01    10/30/01
LCAQMD.................................        270    Wildland Vegetation Management        06/19/01    10/30/01
                                                       Burning.
LCAQMD.................................        431    Non-Agricultural Burning..........    06/19/01    10/30/01
LCAQMD.................................        431.5  [Non-Agricultural Open Burning]...    06/19/01    10/30/01
LCAQMD.................................        433    [Single and Two-Family Dwellings].    06/19/01    10/30/01
LCAQMD.................................        434    [Levee, Reservoir, and Ditch          06/19/01    10/30/01
                                                       Maintenance].
LCAQMD.................................       1000    Agricultural and Prescribed           06/19/01    10/30/01
                                                       Burning.
LCAQMD.................................       1001    [Agricultural Burning Permit].....    06/19/01    10/30/01
LCAQMD.................................       1003    Special No-Burn Day Permit........    06/19/01    10/30/01
LCAQMD.................................       1105    Burning Hours.....................    06/19/01    10/30/01
LCAQMD.................................       1107    Agricultural Burning During Fire      06/19/01    10/30/01
                                                       Season.
LCAQMD.................................       1130    Open Burning in Agricultural          06/19/01    10/30/01
                                                       Operations in the Growing of
                                                       Crops or Raising of Animals.
LCAQMD.................................       1140    Range Improvement Burning.........    06/19/01    10/30/01
LCAQMD.................................       1145    Forest Management Burning.........    06/19/01    10/30/01
LCAQMD.................................       1150    Burning of Standing Tule..........    06/19/01    10/30/01
LCAQMD.................................       1160    Prescribed Burning, Habitat           06/19/01    10/30/01
                                                       Improvement Burning, Wildland
                                                       Vegetation Burning and Forest
                                                       Management Burning.
LCAQMD.................................       1170    Wood Waste Burning................    06/19/01    10/30/01
----------------------------------------------------------------------------------------------------------------

    On January 18, 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 a version of Sections 203, 246, 431, 1000, 1001, 1140 
(as SIP Section 1100), 1145 (as SIP Section 1200), and 1130 (as SIP 
Section 1300) into the SIP on August 4, 1978 (43 FR 34463). We approved 
a version of Section 434 into the SIP on October 23, 1989 (54 FR 
43173). We approved a version of Sections 248.5 and 270 into the SIP on 
May 18, 1999 (64 FR 26876). We approved a version of Sections 226.5, 
431.5, 433, and 1160 (as SIP Section 1150) into the SIP on April 21, 
2000 (65 FR 21347).
    The LCAQMD adopted Section 1003 on June 13, 1989 and CARB submitted 
it to us on March 26, 1990. While we can act on only the most recently 
submitted version, we have reviewed materials provided with this 
previous submittal.

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

    The purpose of the submitted rule revisions is to improve the SIP 
and make the rules consistent with California Smoke Management 
Guidelines.

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). BACM/BACT and RACM/RACT are not required for PM-10 attainment 
areas (see section 189(a) and 189(b)). LCAQMD is a PM-10 attainment 
area.
    The following guidance documents were used for reference:
     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).

[[Page 40869]]

     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 and SIP relaxations. 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 July 15, 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 August 13, 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

A. 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
----------------------------------------------------------------------------------------------------------------
                  Date                                                    Event
----------------------------------------------------------------------------------------------------------------
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).
----------------------------------------------------------------------------------------------------------------

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. section 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

[[Page 40870]]

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. 
section 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 August 13, 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 14, 2002.
Laura Yoshii,
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)(288)(i)(B) to 
read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (288) * * *
    (i) * * *
    (B) Lake County Air Quality Management District.
    (1) Sections [Rules] 203, 204.5, 208.3, 208.8, 226.4, 226.5, 240.8, 
246, 248.3, 248.5, 249.5, 251.7, 270, 431, 431.5, 433, 434, 1000, 1001, 
1003, 1105, 1107, 1130, 1140, 1145, 1150, 1160, and 1170, adopted on 
June 19, 2001.
* * * * *

[FR Doc. 02-14512 Filed 6-13-02; 8:45 am]
BILLING CODE 6560-50-P