[Federal Register Volume 68, Number 92 (Tuesday, May 13, 2003)]
[Proposed Rules]
[Pages 25548-25550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11911]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 71

[FRL-7497-5]


Revisions to Federal Operating Permits Program Fee Payment 
Deadlines for California Agricultural Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to amend the Federal Operating Permits 
Program under title V of the Clean Air Act (Act) to extend the date by 
which State-exempt major agricultural sources in California must pay 
fees and to allow their permit applications to be considered complete 
even though fees may not have been paid on or before the date that 
applications are due. This action would allow EPA to process the 
applications and issue permits while the Agency computes a fee amount 
based on the cost of administering the permits program for these 
sources. The proposed amendments would extend the due date for 
submitting operating permit fees to EPA until May 14, 2004, for 
agricultural sources that are major sources subject to title V but are 
not being permitted by 35 local air districts in the State of 
California. In the ``Rules and Regulations'' section of today's Federal 
Register, we are issuing the amendments as a direct final rule, without 
prior proposal, because we view the revisions as noncontroversial and 
anticipate no significant adverse comments. We have explained our 
reasons for this approval in the preamble to the direct final rule. If 
we receive no adverse comment, we will not take further action on this 
proposed rule. If we receive adverse comment, we will withdraw the 
direct final rule and it will not take effect. We will address all 
public comments in a subsequent final rule based on this proposed rule. 
We will not institute a second comment period on this action. Any 
parties interested in commenting must do so at this time.

DATES: Written comments must be received by June 12, 2003.

ADDRESSES: Comments may be submitted by mail to EPA Docket Center (Air 
Docket), U.S. EPA West (MD-6102T), Room B-108, 1200 Pennsylvania 
Avenue, NW., Washington, DC, 20460, Attention Docket ID No. OAR-2003-
0047.
    Comments may also be submitted electronically, by facsimile, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: For further information, contact Ms. 
Candace Carraway, U.S. EPA, Information Transfer and Program 
Implementation Division, C304-04, Research Triangle Park, North 
Carolina 27711, telephone number (919) 541-3189, facsimile number (919) 
541-5509, electronic mail address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or 
``our'' means EPA.
    This document concerns revisions to Federal Operating Permits 
Program fee payment deadlines for California agricultural sources. For 
further information, please see the information provided in the direct 
final action that is located in the ``Rules and Regulations'' section 
of this Federal Register publication.

Regulated Entities

    Categories and entities potentially affected by this action include 
agricultural sources that are major sources subject to title V but are 
not being permitted by any of the following 35 local air districts in 
the State of California: Amador County Air Pollution Control District 
(APCD), Antelope Valley APCD, Bay Area Air Quality Management District 
(AQMD), Butte County AQMD, Calaveras County APCD, Colusa County APCD, 
El Dorado County APCD, Feather River AQMD, Glenn County APCD, Great 
Basin Unified APCD, Imperial County APCD, Kern County APCD, Lake County 
AQMD, Lassen County APCD, Mariposa County APCD, Mendocino County APCD, 
Modoc County APCD, Mojave Desert AQMD, Monterey Bay Unified APCD, North 
Coast Unified AQMD, Northern Sierra AQMD, Northern Sonoma County APCD, 
Placer County APCD, Sacramento Metro AQMD, San Diego County APCD, San 
Joaquin Valley Unified APCD, San Luis Obispo County APCD, Santa Barbara 
County APCD, Shasta County APCD, Siskiyou County APCD, South Coast 
AQMD, Tehama County APCD, Tuolumne County APCD, Ventura County APCD, 
and Yolo-Solano AQMD.

Docket

    The EPA has established an official public docket for this action 
under Docket ID No. OAR-2003-0047. The official public docket consists 
of the documents specifically referenced in this action, any public 
comments received, and other information related to this action. 
Although a part of the official docket, the public docket does not 
include confidential business information (CBI) or other information 
whose disclosure is restricted by statute. The official public docket 
is the collection of materials that is available for public viewing at 
the Air Docket in the EPA Docket Center, (EPA/DC) EPA West, Room B102, 
1301 Constitution Ave, NW., Washington, DC. The EPA Docket Center 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the Air 
Docket is (202) 566-1742.

Electronic Access

    You may access this Federal Register document electronically 
through the EPA Internet under the ``Federal Register'' listings at 
http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/

[[Page 25549]]

 to submit or view public comments, access the index listing of the 
contents of the official public docket, and to access those documents 
in the public docket that are available electronically. Once in the 
system, select ``search,'' then key in the appropriate docket 
identification number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. The EPA's policy is that copyrighted material will not 
be placed in EPA's electronic public docket but will be available only 
in printed, paper form in the official public docket. Although not all 
docket materials may be available electronically, you may still access 
any of the publicly available docket materials through the docket 
facility identified above.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the Docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

Comments

    You may submit comments electronically, by mail, by facsimile, or 
through hand delivery/courier. To ensure proper receipt by EPA, 
identify the appropriate docket identification number in the subject 
line on the first page of your comment. Please ensure that your 
comments are submitted within the specified comment period. Comments 
received after the close of the comment period will be marked ``late.'' 
EPA is not required to consider these late comments.

Electronically

    If you submit an electronic comment as prescribed below, EPA 
recommends that you include your name, mailing address, and an e-mail 
address or other contact information in the body of your comment. Also 
include this contact information on the outside of any disk or CD ROM 
you submit and in any cover letter accompanying the disk or CD ROM. 
This ensures that you can be identified as the submitter of the comment 
and allows EPA to contact you in case EPA cannot read your comment due 
to technical difficulties or needs further information on the substance 
of your comment. EPA's policy is that EPA will not edit your comment, 
and any identifying or contact information provided in the body of a 
comment will be included as part of the comment that is placed in the 
official public docket and made available in EPA's electronic public 
docket. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment.

EPA Dockets

    Your use of EPA's electronic public docket to submit comments to 
EPA electronically is EPA's preferred method for receiving comments. Go 
directly to EPA Dockets at http://www.epa.gov/edocket, and follow the 
online instructions for submitting comments. To access EPA's electronic 
public docket from the EPA Internet Home Page, select ``Information 
Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once in the system, select 
``search,'' and then key in Docket ID No. OAR-2003-0047. The system is 
an ``anonymous access'' system, which means EPA will not know your 
identity, e-mail address, or other contact information unless you 
provide it in the body of your comment.

E-mail

    Comments may be sent by electronic mail (e-mail) to [email protected], Attention Docket ID No. OAR-2003-0047. In contrast to 
EPA's electronic public docket, EPA's e-mail system is not an 
``anonymous access'' system. If you send an e-mail comment directly to 
the Docket without going through EPA's electronic public docket, EPA's 
e-mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket and made available in EPA's electronic public docket.

Disk or CD ROM

    You may submit comments on a disk or CD ROM that you mail to the 
mailing address identified in the next paragraph. These electronic 
submissions will be accepted in WordPerfect or ASCII file format. Avoid 
the use of special characters and any form of encryption.

By Mail

    Send your comments to: EPA Docket Center (Air Docket), U.S. EPA 
West (MD-6102T), Room B-108, 1200 Pennsylvania Avenue, NW, Washington, 
DC, 20460, Attention Docket ID No. OAR-2003-0047.

By Hand Delivery or Courier

    Deliver your comments to: EPA Docket Center (Air Docket), Room B-
108, U.S. EPA West, 1301 Constitution Avenue, NW, Washington, DC 20460, 
Attention Docket ID No. OAR-2003-0047. Such deliveries are only 
accepted during the Docket's normal hours of operation as identified in 
this document.

By Facsimile

    Fax your comments to: (202) 566-1741, Attention Docket ID. No. OAR-
2003-0047.

World Wide Web (WWW)

    After signature, the final rule will be posted on the policy and 
guidance page for newly proposed or final rules of EPA's Technology 
Transfer Network (TTN) at http://www.epa.gov/ttn/oarpg/t5.html. For 
more information, call the TTN Help line at (919) 541-5384.

What Are the Administrative Requirements for This Action?

    Regulatory Flexibility Act (RFA), as amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.
    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small 
entities, small entity is defined as (1) a small business that meets 
the Small Business Administration size standards for small

[[Page 25550]]

businesses found in 13 CFR 121.201; (2) a small governmental 
jurisdiction that is a government of a city, country, town, school 
district or special district with a population of less than 50,000; and 
(3) a small organization that is a not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. In 
determining whether a rule has significant economic impact on a 
substantial number of small entities, the impact of concern is any 
significant adverse economic impact on small entities, since the 
primary purpose of the regulatory flexibility analyses is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact of the proposed rule on small entities' (5 U.S.C. 603 
and 604). Thus, an agency may certify that a rule will not have a 
significant economic impact on a substantial number of small entities 
if the rule relieves regulatory burden, or otherwise has a positive 
economic effect on all of the small entities subject to the rule. The 
amendments in today's proposed rule would merely defer the deadline for 
paying permit fees for sources affected by the proposed rule, thereby 
giving them more flexibility and reducing the burden on these sources. 
We have therefore concluded that today's proposed rule will relieve 
regulatory burden for all small entities. We continue to be interested 
in the potential impacts of the proposed rule on small entities and 
welcome comments on issues related to such impacts.
    For information regarding other administrative requirements for 
this action, please see the direct final rule action that is located in 
the Rules and Regulations section of this Federal Register.

List of Subjects in 40 CFR Part 71

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations.

    Dated: May 7, 2003.
Christine Todd Whitman,
Administrator.
[FR Doc. 03-11911 Filed 5-12-03; 8:45 am]
BILLING CODE 6560-50-P