[Federal Register Volume 68, Number 83 (Wednesday, April 30, 2003)]
[Rules and Regulations]
[Pages 23035-23038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10426]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 275-0384a; FRL-7471-4]


Revisions to the California State Implementation Plan, Lake 
County Air Quality Control District and San Diego 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 revisions to the 
Lake County Air Quality Management District (LCAQMD) and San Diego 
County Air Pollution Control District (SDCAPCD) portions of the 
California State Implementation Plan (SIP). The LCAQMD and SDCAPCD 
revisions concern the emission of particulate matter (PM-10) from open 
burning. We are approving the 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 30, 2003, without further notice, 
unless EPA receives adverse comments by May 30, 2003. 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 or e-mail comments to Andy Steckel, Rulemaking Office 
Chief (AIR-4), U.S. Environmental Protection Agency, Region IX, 75 
Hawthorne Street, San Francisco, CA 94105; [email protected].
    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.
Lake County Air Quality Management District, 885 Lakeport Boulevard, 
Lakeport, CA 95453.
San Diego County Air Pollution Control District, 9150 Chesapeake 
Drive, San Diego, CA 92123.

    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

[[Page 23036]]

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 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. Statutory and Executive Order Reviews

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 title or section
   Local agency    Rule  or [section    title or [subject        Amended, adopted, or       Submitted
                           ]                 matter]                  rescinded
----------------------------------------------------------------------------------------------------------------
LCAQMD...........  [226.5]                     Fire Season Burn Ban.  10/01/02 Adopted             12/12/02
LCAQMD...........  [232.1]                     Incinerator..........  10/01/02 Adopted             12/12/02
LCAQMD...........  [238.5]                     Natural Vegetation...  10/01/02 Adopted             12/12/02
LCAQMD...........  [249.3]                     Processed or Treated   10/01/02 Adopted             12/12/02
                                                Wood and Wood
                                                Products.
LCAQMD...........  [250.5]                     Residential Waste      10/01/02 Adpoted             12/12/02
                                                Burning.
LCAQMD...........  [431.5]                     [Non-Agricultural      10/01/02 Amended             12/12/02
                                                Open Burning].
LCAQMD...........  [431.7]                     [Non-Agricultural      10/01/02 Amended             12/12/02
                                                Burning Hours].
LCAQMD...........  [432.5]                     Exemptions for         10/01/02 Amended             12/12/02
                                                Preparation of Food
                                                and Recreational
                                                Purposes.
LCAQMD...........  [433]                       [Single- and Two-      10/01/02 Amended             12/12/02
                                                Family Dwellings].
LCAQMD...........  [433.5]                     [Exemption to Lot      10/01/02 Adopted             12/12/02
                                                Size and Distance
                                                Restrictions].
LCAQMD...........  [436]                       Wood Waste Disposal    10/01/02 Adopted             12/12/02
                                                by Open Burning.
LCAQMD...........  [436.5]                     Wood Waste Burning...  10/01/02 Adopted             12/12/02
LCAQMD...........  [442]                       Wood Waste Disposal    10/01/02 Rescinded           12/12/02
                                                by Open Burning.
SDCAPCD..........  101                         Burning Control......  09/25/02 Adopted             11/19/02
SDCAPCD..........  101 through 112             [SIP Open Burning      09/25/02 Rescinded           11/19/02
                                                Rules].
----------------------------------------------------------------------------------------------------------------

    On February 7, 2003, 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 a version of LCAQMD Section 436 on October 
24, 1980 (45 FR 70448). We approved a version of LCAQMD Sections 431.7, 
432.5, 436.5, and 442 on October 23, 1989 (54 FR 43173). We approved a 
version of LCAQMD Sections 226.5, 431.5, and 433 on June 14, 2002 (67 
FR 40867).
    We approved into the SIP versions of submitted SDCAPCD Rule 101 as 
SDCAPCD Rules 105, 106, 107, 110, 111, and 112 on May 11, 1977 (42 FR 
23805), as SDCAPCD Rule 104 on August 31, 1978 (43 FR 38826), as 
SDCAPCD Rule 109 on July 6, 1982 (47 FR 29233), and as SDCAPCD Rules 
101, 102, 103, and 108 on March 11, 1998 (63 FR 11831). These SIP 
versions are all submitted for recision and should be replaced by 
submitted SDCAPCD Rule 101.

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

    The purpose of the submitted LCAQMD sections is to amend and adopt 
sections that minimize public exposure from residential waste burning, 
improve air quality, and maximize fire safety while minimizing the 
health consequence and demand on resources of affected agencies.
    One purpose of the submitted SDAPCD Rule 101 is to consolidate SIP 
Rules 101 through 112 into one rule. Other purposes are to increase 
stringency and to meet new California open burning 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). 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. LCAQMD and SDCAPCD 
regulate a PM-10 attainment area and fulfilling RACM/RACT is not 
required. 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?

    We believe the submitted rules and recisions are consistent with 
the relevant policy and guidance regarding enforceability, SIP 
relaxations, and RACM/RACT requirements and should be approved. The 
TSDs have more information on our evaluation.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) and 110(k)(6) of the CAA, EPA is 
fully approving the submitted rules and rule recisions 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 the 
April 16, 2003 Federal Register (68 FR 18581), we proposed approval of 
the same submitted rules. If we receive adverse comments by May 30, 
2003, we will publish a timely withdrawal in the Federal Register to 
notify the public that the direct final approval will not

[[Page 23037]]

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 30, 2003. This will incorporate these rules into the 
federally-enforceable SIP and remove the rescinded rules from the 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 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
------------------------------------------------------------------------
                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.
                                      7401-7671g.
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. Statutory and Executive Order Reviews

    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 (Pub. L. 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 30, 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 23038]]


    Dated: April 11, 2003.
Alexis Strauss,
Acting Regional Administrator, Region IX.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(21)(vi)(D), 
(c)(41)(ii)(F), (c)(103)(ii)(E), (c)(176)(i)(B)(2), (c)(182)(i)(E)(2), 
(c)(307)(i)(C), and (c)(308)(i)(B) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (21) * * *
    (vi) * * *
    (D) Previously approved on May 11, 1977 in paragraph (c)(21)(vi)(A) 
of this section and now deleted Rules 105, 106, 107, 110, 111, and 112 
(now replaced by Rule 101).
* * * * *
    (41) * * *
    (ii) * * *
    (F) Previously approved on August 31, 1978 in paragraph 
(c)(41)(ii)(A) of this section and now deleted Rule 104 (now replaced 
by Rule 101).
* * * * *
    (103) * * *
    (ii) * * *
    (E) Previously approved on July 6, 1982 in paragraph 
(c)(103)(ii)(B) of this section and now deleted Rule 109 (now replaced 
by Rule 101).
* * * * *
    (176) * * *
    (i) * * *
    (B) * * *
    (2) Previously approved on October 23, 1989 in paragraph 
(c)(176)(i)(B)(1) of this section and now deleted Section 442 (now 
replaced by Section 436).
* * * * *
    (182) * * *
    (i) * * *
    (E) * * *
    (2) Previously approved on March 11, 1988 in paragraph 
(c)(182)(i)(E)(1) of this section and now deleted Rules 101, 102, 103, 
and 108 (now replaced by Rule 101).
* * * * *
    (307) * * *
    (i) * * *
    (C) San Diego County Air Pollution Control District.
    (1) Rule 101, adopted on September 25, 2002.
* * * * *
    (308) * * *
    (i) * * *
    (B) Lake County Air Quality Management District.
    (1) Sections 226.5, 232.1, 238.5, 249.3, 250.5, 433.5, 436, and 
436.5, adopted on October 1, 2002 and Sections 431.5, 431.7, 432.5, and 
433, amended on October 1, 2002.
* * * * *
[FR Doc. 03-10426 Filed 4-29-03; 8:45 am]
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