[Federal Register Volume 68, Number 21 (Friday, January 31, 2003)]
[Rules and Regulations]
[Pages 4929-4932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2174]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 273-0370a; FRL-7441-5]


Revisions to the California State Implementation Plan, Imperial 
County Air Pollution Control District and Monterey Bay Unified 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 revisions to the 
Imperial County Air Pollution Control District (ICAPCD) and the 
Monterey Bay Unified Air Pollution Control District (MBUAPCD) portions 
of the California State Implementation Plan (SIP). The ICAPCD revision 
concerns the emission of particulate matter (PM-10) from agricultural 
burning. The MBUAPCD revision concerns the emission of PM-10 from 
incinerator burning. We are approving the 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 April 1, 2003 without further notice, 
unless EPA receives adverse comments by March 3, 2003. If we receive 
such comments, we

[[Page 4930]]

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 rules and EPA's technical 
support documents (TSDs) at our Region IX office during normal business 
hours. You may also see a copy of the submitted rules and TSDs at the 
following locations:

Air and Radiation Docket and Information Center, U.S. Environmental 
Protection Agency, (Mail Code 6102T), Room B-102, 1301 Constitution 
Avenue, NW., Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814.
Imperial County Air Pollution Control District, 150 South 9th Street, 
El Centro, CA 92243.
Monterey Bay Unified Air Pollution Control District, 24580 Silver Cloud 
Court, Monterey, CA 93940.

    A copy of a 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 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 rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
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 revised by the local air agencies and submitted by the California 
Air Resources Board (CARB).

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                            Rule                 Rule title             Revised     Submitted
----------------------------------------------------------------------------------------------------------------
ICAPCD....................................          701  Agricultural burning.........     08/13/02     10/16/02
MBUAPCD...................................          408  Incinerator burning..........     08/21/02     10/16/02
----------------------------------------------------------------------------------------------------------------

    On December 3, 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 gave a limited approval and limited disapproval to a version of 
ICAPCD Rule 701 on July 11, 2001 (66 FR 36170). We approved a version 
of MBUAPCD Rule 408 on July 13, 1987 (52 FR 26148).

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

    The purpose of the submitted revised ICAPCD Rule 701 is to remedy 
the deficiency cited in the limited approval and limited disapproval 
action on July 11, 2001 (66 FR 36170).
    The purposes of the submitted revised MBUAPCD Rule 408 are to 
reformat the rule and to remove the blanket exemption from the rule for 
burning household rubbish and yard trimmings at single- and two-family 
homes in all of San Benito County.

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(a) of the CAA requires moderate PM-10 nonattainment 
areas with significant PM-10 sources to adopt reasonably available 
control measures (RACM), including reasonably available control 
technology (RACT). RACM/RACT is not required for attainment areas 
unless required by a maintenance attainment plan. ICAPCD regulates a 
moderate PM-10 nonattainment area. MBUAPCD is a PM-10 attainment area. 
See 40 CFR 81.305.
    The following guidance documents were used for reference:
    [sbull] Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans, U.S. EPA, 40 CFR part 51.
    [sbull] General Preamble Appendix C3--Prescribed Burning Control 
Measures (57 FR 18072, April 28, 1992).
    [sbull] PM-10 Guideline Document, EPA-452/R-93-008.

B. Do the Rules Meet the Evaluation Criteria?

    The deficiency in ICAPCD Rule 701 was that the APCO had open-ended 
discretion to allow burning on No-Burn Days in case of imminent and 
substantial economic loss. The deficiency was remedied in paragraph B.1 
with the addition that the APCO must limit the amount of acreage per 
No-Burn Day and that the APCO may authorize such burning only when 
downwind populated areas are forecast by the ICAPCD to achieve the 
ambient air quality standards.
    The cited changes improve MBUAPCD Rule 408 with increased 
stringency by eliminating a blanket exemption.
    We believe the rules are consistent with the relevant policy and 
guidance regarding enforceability, SIP relaxations, and RACM/RACT 
requirements. The TSDs have 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 March 3, 2003, 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

[[Page 4931]]

receive timely adverse comments, the direct final approval will be 
effective without further notice on April 1, 2003. This will 
incorporate these rules into the federally-enforceable SIP and will 
terminate all sanctions and Federal Implementation Plan implications 
associated with our June 11, 2001 action on a previous version of 
ICAPCD Rule 701.
    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 Were These Rules 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).
------------------------------------------------------------------------

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 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 April 1, 2003. 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.


[[Page 4932]]


    Dated: December 12, 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)(302) to read 
as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (302) New and amended regulations for the following APCDs were 
submitted on October 16, 2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Imperial County Air Pollution Control District.
    (1) Rule 701, revised on August 13, 2002.
    (B) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 408, adopted on September 1, 1974 and revised on August 
21, 2002.
* * * * *
[FR Doc. 03-2174 Filed 1-30-03; 8:45 am]
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