[Federal Register Volume 69, Number 98 (Thursday, May 20, 2004)]
[Rules and Regulations]
[Pages 29074-29076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11335]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 151-0449a; FRL-7660-6]


Revisions to the California and Nevada State Implementation 
Plans, Ventura County Air Pollution Control District and Clark County 
Department of Air Quality Management

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action to approve revisions to the 
Ventura County Air Pollution Control District (VCAPCD) portion of the 
California State Implementation Plan (SIP) and the Clark County 
Department of Air Quality Management (CCDAQM) portion of the Nevada 
SIP. Under authority of the Clean Air Act as amended in 1990 (CAA or 
the Act), we are approving local rules that address Acid Deposition and 
the National Ambient Air Quality Standards (NAAQS).

DATES: This rule is effective on July 19, 2004, without further notice, 
unless EPA receives adverse comments by June 21, 2004. If we receive 
such comments, we will publish a timely withdrawal in the Federal 
Register to notify the public that this direct final rule will not take 
effect.

ADDRESSES: Send comments to Andy Steckel, Rulemaking Office Chief (AIR-
4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105-3901 or e-mail to 
[email protected], or submit comments at http://www.regulations.gov.
    You can inspect copies of the submitted SIP revisions, EPA's 
technical support documents (TSDs), and public comments at our Region 
IX office during normal business hours by appointment. You may also see 
copies of the submitted SIP revisions by appointment 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 County Square 
Drive, Ventura, CA 93003-5417
Nevada Department of Conservation and Natural Resources, Division of 
Environmental Protection, 333 W. Nye Lane, Room 138, Carson City, NV 
89706
Clark County Department of Air Quality Management, 500 S. Grand 
Central Parkway, Las Vegas, NV 89155-5210

    Copies of the VCAPCD and CCDAQM rules may also be available via the 
Internet at the following sites respectively, http://www.arb.ca.gov/drdb/drdbltxt.htm and http://www.accessclarkcounty.com/air_quality/index.htm. Please be advised that these are not EPA Web sites and may 
not contain the same versions of the rules that were submitted to EPA.

FOR FURTHER INFORMATION CONTACT: Julie A. Rose, EPA Region IX, (415) 
947-4126, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. The States' Submittals
    A. What Rules Did the States 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. Statutory and Executive Order Reviews

I. The States' Submittal

A. What Rules Did the States 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) and the Nevada Department of Conservation 
and Natural Resources (NDCNR), respectively.

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                         Rule/section
             Local agency                         Rule/section title         Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
VCAPCD................................              34  Acid Deposition Control.        03/14/95        05/24/95
CCDAQM................................              11  Ambient Air Quality             10/07/03        10/23/03
                                                         Standards.
----------------------------------------------------------------------------------------------------------------

    On July 24, 1995, VCAPCD Rule 34 was found to meet the completeness 
criteria in 40 CFR part 51, appendix V, which must be met before formal 
EPA review. CCDAQM Section 11 was found to meet the completeness 
criteria on November 18, 2003.

B. Are There Other Versions of These Rules?

    There are no previous versions of VCAPCD Rule 34 in the California 
SIP. We approved a version of CCDAQM Section 11 into the Nevada SIP on 
August 27, 1981. The CCDAQM adopted a revision to the SIP-approved 
version on October 7, 2003 and the NDCNR submitted the revision to EPA 
on October 23, 2003.

C. What Is the Purpose of the Submitted Rules?

    Section 110(a) of the CAA requires states to submit regulations 
that control volatile organic compounds, oxides of nitrogen, 
particulate matter, sulfur dioxide and other air pollutants which harm 
human health and the environment. These rules were developed as part of 
the local agencies' programs to control these pollutants.
    VCAPCD Rule 34 adopts the CAA Title IV, Acid Rain Program by 
reference. The Acid Deposition Control program is designed to reduce 
the effects of acid rain through the reduction of sulfur dioxide 
(SO2) and nitrogen oxide (NOX) emissions. Rule 34 
accepts delegation of the federal program which is currently being 
implemented as part of the District's Federal Operating Permit Program. 
There are no Phase I facilities in Ventura County. There are two 
sources that qualify as Phase II sources in Ventura County: boilers at 
the Ormond Beach and Mandalay Generating Stations operated by Southern 
California Edison Company.
    CCDAQM Section 11 lists the National Ambient Air Quality Standards 
and the State Ambient Air Quality Standards. Section 11 has been 
revised to include the new 8-hour ozone standard and the particulate 
matter 2.5 microns (PM-2.5) standard. The standard for ozone is 0.08 
parts per million averaged during an 8-hour

[[Page 29075]]

period. The standard for PM-2.5 is based on an annual arithmetic mean 
of 15 micrograms per cubic meter and a 24-hour standard of 65 
micrograms per cubic meter.
    The TSDs have more information about these rules.

II. EPA's Evaluation and Action

A. How Is EPA Evaluating the Rules?

    VCAPCD Rule 34 adopts the Federal Acid Deposition Control program 
by reference and CCDAQM Section 11 adopts the National Ambient Air 
Quality Standards into their regulations. These new rules support 
emission controls found in other sections of the local agencies' 
requirements. In combination 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 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. If we 
receive adverse comments by June 21, 2004, 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 July 19, 2004. This will incorporate these 
rules into the federally enforceable SIP.

III. 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 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. 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 July 19, 2004. 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, Ozone, Particulate matter, 
Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: April 27, 2004.
Wayne Nastri,
Regional Administrator, Region IX.

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

[[Page 29076]]

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 paragraph (c)(220)(i)(E) to read 
as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (220) * * *
    (i) * * *
    (E) Ventura County Air Pollution Control District.
    (1) Rule 34 adopted on March 14, 1995.
* * * * *

Subpart DD--Nevada

0
3. Section 52.1470 is amended by adding paragraph (c)(46) to read as 
follows:


Sec.  52.1470  Identification of plan.

* * * * *
    (c) * * *
    (46) The following regulations were submitted on October 23, 2003, 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Department of Air Quality Management.
    (1) Section 11 adopted on October 7, 2003.
* * * * *

[FR Doc. 04-11335 Filed 5-19-04; 8:45 am]
BILLING CODE 6560-50-P