[Federal Register Volume 67, Number 207 (Friday, October 25, 2002)]
[Rules and Regulations]
[Pages 65501-65504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27134]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 247-0364a; FRL-7396-1]


Revision to the California State Implementation Plan, Ventura 
County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
Ventura County Air Pollution Control District (VCAPCD) portion of the 
California State Implementation Plan (SIP). This revision concerns 
emissions of oxides of nitrogen (NOX) and carbon monoxide (CO) from 
stationary internal combustion engines. In accordance with the Clean 
Air Act as amended in 1990 (CAA or the Act), we are taking action on a 
local rule that regulates these emission sources.

DATES: This rule is effective on December 24, 2002, without further 
notice, unless EPA receives adverse comments by November 25, 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 a copy 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 a copy of the submitted SIP revision 
at the following locations:

Air and Radiation Docket and Information Center, U.S. Environmental 
Protection Agency, Room B-102, 1301 Constitution Avenue, NW., (Mail 
Code 6102T), Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814.
Ventura County Air Pollution Control District, 669 Country Square 
Drive, Ventura, CA 93003

    A copy of the rule may also be available via the Internet at http://www.arb.ca.gov/drdb/drdbltxt.htm. This is not an EPA Web site and it 
may not contain the same version of the rule that was submitted to EPA. 
Readers should verify that the adoption date of the rule listed is the 
same as the rule submitted

[[Page 65502]]

to EPA for approval and be aware that the official submittal is only 
available at the agency addresses listed above.

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 rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. EPA recommendations to further improve the rule
    D. 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 addressed by this proposal with the dates 
that it was revised by the local air agency and submitted to EPA by the 
California Air Resources Board (CARB).

                                            Table 1.--Submitted Rule
----------------------------------------------------------------------------------------------------------------
                                               Rule
                Local agency                  number              Rule title                Revised    Submitted
----------------------------------------------------------------------------------------------------------------
VCAPCD.....................................     74.9  Stationary Internal Combustion        11/14/00    05/08/01
                                                       Engines.
----------------------------------------------------------------------------------------------------------------

    On July 20, 2001, 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?

    The previous version of VCAPCD Rule 74.9 is SIP Rule 74.9, 
Stationary Internal Combustion Engines, approved into the SIP on August 
23, 1995 (60 FR 43713).

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

    Rule 74.9 regulates NOX and CO emissions from stationary 
internal combustion engines with a brake horsepower rating of 50 or 
greater located at a major stationary source. The SIP rule applies to 
such engines throughout VCAPCD, which includes the mainland severe 
ozone nonattainment area plus two Channel Islands designated 
unclassifiable. 40 CFR 81.305. The purpose of changing Rule 74.9 
relative to the SIP Rule is to include an exemption to the rule for 
engines operated on the two Channel Islands, San Nicolas Island (SNI) 
and Anacapa Island (AI). The TSD has more information about this rule.

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 
CAA), must require Reasonably Available Control Technology (RACT) for 
major sources in nonattainment areas (see section 182(a)(2)(A)), must 
not interfere with applicable requirements including requirements 
concerning attainment (see section 110(l)), and must not relax existing 
requirements in effect prior to enactment of the 1990 CAA amendments 
(see section 193). The VCAPCD regulates sources within a severe ozone 
nonattainment area. 40 CFR 81.305. Therefore Rule 74.9 must fulfill 
RACT requirements for such sources.
    Guidance and policy documents that we used to define specific 
enforceability and RACT requirements include the following:
    [sbull] Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans, U.S. EPA, 40 CFR part 51.
    [sbull] Issues Relating to VOC Regulation, Cutpoints, Deficiencies, 
and Deviations (the ``Blue Book''), U.S. EPA, OAQPS (May 25, 1988).
    [sbull] State Implementation Plans; Nitrogen Oxides Supplement to 
the General Preamble for the Implementation of Title I of the Clean Air 
Act Amendments of 1990 (the ``NOX Supplement to the General 
Preamble''), U.S. EPA, 57 FR 55620 (November 25, 1992).
    [sbull] Determination of Reasonably Available Control Technology 
and Best Available Retrofit Control Technology for Stationary Spark-
Ignited Internal Combustion Engines, California Air Resources Board 
(November 2001).

B. Does the Rule Meet the Evaluation Criteria?

    The revised Rule 74.9 includes an exemption for engines used on the 
offshore SNI and AI. The exemptions to Rule 74.9 are reasonable, 
because the VCAPCD federal ozone nonattainment area does not include 
SNI and AI and the 1994/1995 ozone Air Quality Management Plan does not 
rely on decreasing NOX emission controls on SNI and AI. 
Therefore there will be no interference with the requirements 
concerning attainment of the ozone National Ambient Air Quality 
Standards in the VCAPCD nonattainment area and the rule complies with 
section 110(l) of the CAA.
    The revisions to Rule 74.9 do not affect the requirements for 
sources within the nonattainment area. For these sources, Rule 74.9 
exceeds RACT requirements for NOX emission standards and meets the more 
stringent NOX and CO emission standards for Best Available Retrofit 
Control Technology (BARCT).
    We believe the rule is consistent with the relevant policy and 
guidance regarding enforceability and SIP relaxations. The TSD has more 
information on our evaluation.

C. EPA Recommendations To Further Improve The Rule

    The VCAPCD Rule 74.9 TSD describes additional rule revisions that 
do not affect EPA's current action but are recommended for the next 
time the local agency modifies the rule.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the CAA, EPA is fully 
approving the submitted rule because we believe it fulfills all 
relevant requirements. We do not think anyone will object to this 
approval, 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 rule. If we receive adverse comments by November 25, 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 December 24, 
2002.

[[Page 65503]]

This will incorporate the rule into the federally-enforceable SIP.

III. Background Information

Why Was This Rule Submitted?

    NOX helps produce ground-level ozone, smog, and 
particulate matter which harm human health and the environment. EPA has 
established National Ambient Air Quality Standards (NAAQS) for ozone. 
Section 110(a) of the CAA requires states to submit regulations in 
order to achieve and maintain the NAAQS. Table 2 lists some of the 
national milestones leading to the submittal of these local agency 
NOX rules.

                Table 2.--Ozone Nonattainment Milestones
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             Date                                Event
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March 3, 1978................  EPA promulgated a list of ozone
                                nonattainment areas under the Clean Air
                                Act as amended in 1977. 43 FR 8964; 40
                                CFR 81.305.
May 26, 1988.................  EPA notified Governors that parts of
                                their SIPs were inadequate to attain and
                                maintain the ozone standard and
                                requested that they correct the
                                deficiencies (EPA's SIP-Call). See
                                section 110(a)(2)(H) of the pre-amended
                                Act.
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.
May 15, 1991.................  Section 182(a)(2)(A) requires that ozone
                                nonattainment areas correct deficient
                                RACT rules by this date.
------------------------------------------------------------------------

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 December 24, 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, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: August 30, 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.

[[Page 65504]]

Subpart F--California

    2. Section 52.220 is amended by adding paragraph (c)(284)(i)(D) to 
read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (284) * * *
    (i) * * *
    (D) Ventura County Air Pollution Control District
    (1) Rule 74.9, adopted on July 21, 1981 and amended on November 14, 
2000.
* * * * *
[FR Doc. 02-27134 Filed 10-24-02; 8:45 am]
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