[Federal Register Volume 68, Number 55 (Friday, March 21, 2003)]
[Rules and Regulations]
[Pages 13843-13845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6710]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 071-0379a; FRL-7456-6]


Revisions to the California State Implementation Plan, Imperial 
County Air Pollution Control District, Mendocino County Air Quality 
Management 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 
Mendocino County Air Quality Management District (MCAQMD), and to 
rescind one rule from the Monterey Bay Unified Air Pollution Control 
District (MBUAPCD) portion of the California State Implementation Plan 
(SIP). Under authority of the Clean Air Act as amended in 1990 (CAA or 
the Act), we are approving and rescinding local rules that are 
administrative and address changes for clarity and consistency.

DATES: This rule is effective on May 20, 2003, without further notice, 
unless EPA receives adverse comments by April 21, 2003. 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 Andy Steckel, Rulemaking Office Chief (AIR-
4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105-3901.
    You can inspect copies of the submitted SIP revisions and EPA's 
technical support documents (TSDs) at our Region IX office during 
normal business hours. You may also see copies of the submitted SIP 
revisions 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.
Imperial County Air Pollution Control District, 150 South 9th Street, 
El Centro, CA 92243-2801.
Mendocino County Air Quality Management District, 306 E. Gobbi St., 
Ukiah, CA 95482-5511.
Monterey Bay Unified Air Pollution Control District, 24580 Silver Cloud 
Ct., Monterey, CA 93940-6536.

    A copy of the rules may also be available via the Internet at 
http://www.arb.ca.gov/drdb/drdbltxt.htm. Please be advised that this is 
not an EPA Web site and may not contain the same version of the rule 
that was submitted to EPA.

FOR FURTHER INFORMATION CONTACT: Cynthia G. Allen, EPA Region IX, (415) 
947-4120.

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

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
          Local agency              Rule No.                  Rule title                  Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
ICAPCD                                    115  Legal Application and Incorporation of         36416        36671
                                                Other Regulations.
MCAQMD                                 400(b)  Circumvention..........................        34064        34290
MBUAPCD                                   209  State Ambient Air Quality Standards            36753        36870
                                                (Rescission).
----------------------------------------------------------------------------------------------------------------

    On December 27, 1993 (MCAQMD), October 6, 2000 (ICAPCD), and 
February 8, 2001 (MBUAPCD), these rule submittals were 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 versions of these rules into the SIP on the dates 
listed: ICAPCD rule 115, February 3, 1989; MCAQMD rule 400(b), November 
7, 1978; and MBUAPCD rule 209, July 13, 1987.

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

    Imperial rule 115 has been reformatted for consistency with the 
district's rule book and represents an improvement to the SIP.
    Mendocino rule 400(b) has been revised to clarify that no one may 
emit air contaminants except in such fashion that compliance can be 
determined.
    Monterey rule 209 is being rescinded because requirements have 
previously been incorporated into district rule 207. The TSDs have more 
information about these rules.

II. EPA's Evaluation and Action

A. How Is EPA Evaluating the Rules?

    These rules describe administrative provisions and definitions that 
support emission controls found in other local agency requirements. In 
combination

[[Page 13844]]

with the other requirements, these rules must be enforceable (see 
section 110(a) of the Act) and must not relax existing requirements 
(see sections 110(l) and 193). EPA policy that we used to help evaluate 
enforceability requirements consistently includes the Bluebook 
(``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' EPA, May 25, 1988) and the Little Bluebook (``Guidance 
Document for Correcting Common VOC & Other Rule Deficiencies,'' EPA 
Region 9, August 21, 2001).

B. Do the Rules Meet the Evaluation Criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability and SIP relaxations. The TSDs have 
more information on our evaluation.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted rules and rule recission because we believe 
they fulfill all relevant requirements. We do not think anyone will 
object to this approval, so we are finalizing it 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 and recission. If we receive adverse comments by April 
21, 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 receive timely adverse comments, 
the direct final approval will be effective without further notice on 
May 20, 2003. 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 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?

    Section 110(a) of the CAA requires states to submit regulations 
that control volatile organic compounds, oxides of nitrogen, 
particulate matter, and other air pollutants which harm human health 
and the environment. These rules were developed as part of the local 
agency's program to control these pollutants. Table 2 lists some of the 
national milestones leading to the submittal of these rules.

                Table 2.--Ozone Nonattainment Milestones
------------------------------------------------------------------------
                  Date                                Event
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

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 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. 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. 
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 May 20, 2003.

[[Page 13845]]

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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: January 17, 2003.
Alexis Strauss,
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 paragraphs (c)(159)(iii)(E), 
(194)(i)(G)(2), and (279)(i)(A)(10) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (159) * * *
    (iii) * * *
    (E) Previously approved on July 13, 1987 in (c)(159)(iii)(A) of 
this section and now deleted without replacement, Rule 209.
* * * * *
    (194) * * *
    (i) * * *
    (G) * * *
    (2) Rule 400(b) adopted on April 6, 1993.
* * * * *
    (279) * * *
    (i) * * *
    (A) * * *
    (10) Rule 115 adopted on November 19, 1985 and amended on September 
14, 1999.
* * * * *
[FR Doc. 03-6710 Filed 3-20-03; 8:45 am]
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