[Federal Register Volume 69, Number 109 (Monday, June 7, 2004)]
[Rules and Regulations]
[Pages 31739-31742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12767]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 295-0441a; FRL-7667-8]


Revisions to the California State Implementation Plan, Great 
Basin Unified Air Pollution Control District and Ventura 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 
Great Basin Unified Air Pollution Control District (GBUAPCD) and 
Ventura County Air Pollution Control District (VCAPCD) portions of the 
California State Implementation Plan (SIP). The GBUAPCD revisions 
concern the emission of particulate matter (PM-10) from open fires and 
incinerator burning. The VCAPCD revisions concern the emission of 
particulate matter (PM-10) from open burning. We are approving local 
rules that administer regulations and regulate emission sources under 
the Clean Air Act as amended (CAA or the Act).

DATES: This rule is effective on August 6, 2004 without further notice, 
unless EPA receives adverse comments by July 7, 2004. 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, or e-mail to 
[email protected], or submit comments at http://www.regulations.gov.
    You can inspect copies of the submitted rule 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 rule 
revisions and TSDs at the following locations:

Environmental Protection Agency, Air Docket (6102), Ariel Rios 
Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814.
Great Basin Unified Air Pollution Control District, 157 Short Street, 
Suite 6, Bishop, CA 93514.
Ventura County Air Pollution Control District, 669 Country Square 
Drive, Ventura, CA 93003.


[[Page 31740]]


    A copy of the rule 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: Al Petersen, Rulemaking Office (AIR-
4), U.S. Environmental Protection Agency, Region IX, (415) 947-4118, 
[email protected].

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 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. 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 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          Revised or amended      Submitted
----------------------------------------------------------------------------------------------------------------
GBUAPCD...........................          406  Open Outdoor Fires.......  09/24/03 Revised....        11/04/03
GBUAPCD...........................          407  Incinerator Burning......  09/24/03 Revised....        11/04/03
VCAPCD............................           56  Open Burning.............  11/11/03 Amended....        01/15/04
----------------------------------------------------------------------------------------------------------------

    On December 23, 2003, the submittal of GBUAPCD Rules 406 and 407 
was found to meet the completeness criteria in 40 CFR part 51, appendix 
V, which must be met before formal EPA review. On March 1, 2004, the 
submittal of VCAPCD Rule 56 was found to meet the completeness 
criteria.

B. Are There Other Versions of These Rules?

    We approved GBUAPCD Rule 406 into the SIP on June 6, 1977 (42 FR 
28883), originally adopted on January 21, 1976. We approved GBUAPCD 
Rule 407 into the SIP on June 6, 1977 (42 FR 28883), originally adopted 
on September 5, 1974. We approved VCAPCD Rule 56 into the SIP on May 
18, 1999 (64 FR 26876), originally adopted on October 22, 1968.

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

    PM-10 harms human health and the environment. Section 110(a) of the 
CAA requires states to submit regulations that control PM-10 emissions.
    The purpose of the revision to Rule 406 is as follows:
     To limit burning of household waste at single- or two-
family dwellings to only dry non-glossy paper and cardboard and dry 
natural vegetation in areas granted a temporary exemption pursuant to 
California Code of Regulations (CCR), title 17, section 93113(e).
    The purpose of the revisions to Rule 407 are as follows:
     To limit burning of household waste at single- or two-
family dwellings to only dry non-glossy paper and cardboard and dry 
natural vegetation in areas granted a temporary exemption pursuant to 
CCR, title 17, section 93113(e).
     To allow this type of burning only with a valid permit on 
a burn day declared by the California Air Resources Board.
    Revisions to Rule 56 are made to comply with revised California 
smoke management guidelines as follows:
     Requirements are now stated separately for open burning 
and for prescribed burning.
     Requirements for drying time are increased for trees and 
vegetation.
     Deleted is the exemption to allow open burning on no-burn 
days at elevations over 3,000 feet.
     Open burning is now prohibited when wind may carry 
emissions into smoke sensitive areas.
     Three different periods instead of two are now allowed for 
ignition in daylight hours.
     The VCAPCD may now allow open burning only on Burn Days 
declared by the District.
     The VCAPCD may now allow individual burns only on Marginal 
Burn Days declared by the District if impacts to smoke sensitive areas 
are not expected.
     The VCAPCD is now required to restrict burning in 
different regions to minimize impacts on smoke sensitive areas, 
cumulative smoke impacts, and public nuisance.
     A land manager must now submit a comprehensive smoke 
management plan for prescribed burning.
     For burns over 250 acres, the land manager must now also 
submit a post-burn evaluation.
     Added is an exemption to allow burning of unserviceable 
American flags.
     Added is an exemption to burn for the remediation of an 
oil spill consistent with State law.
     Various definitions are added and others revised to 
clarify or place further restrictions on burning.

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). BACM/BACT and RACM/RACT are not required for a PM-10 attainment 
area (see section 189(a) and 189(b)). GBUAPCD and VCAPCD are PM-10 
attainment areas.
    The following guidance documents were used for reference:
     Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans, U.S. EPA, 40 CFR part 51.
     General Preamble for the Implementation of Title I of the 
Clean Air Act Amendments of 1990, 57 FR 13498, 13540 (April 16, 1992).
     General Preamble Appendix C3--Prescribed Burning Control 
Measures (57 FR 18072, April 28, 1992).
     Prescribed Burning Background Document and Technical 
Information Document for Best Available Control Measures (EPA-450/2-92-
003).
     PM-10 Attainment Demonstration Maintenance Plan and 
Redesignation Request, KCAPCD (September 5, 3002).
     Smoke Management Guidelines for Agricultural and 
Prescribed Burning, California Code of Regulations, title 17, 80100-
80320 (March 14, 2001).

B. Do the Rules Meet the Evaluation Criteria?

    We believe the rules are consistent with the relevant policy and 
guidance regarding enforceability, SIP relaxations, and fulfilling 
RACM/RACT.

[[Page 31741]]

    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 
approval, 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 July 7, 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 August 6, 
2004. 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 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. 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 August 6, 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, Particulate matter, Reporting 
and recordkeeping requirements.

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

    Dated: May 12, 2004.
Laura Yoshii,
Deputy 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)(321)(i)(C) and 
(328)i)(A)(2) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (321) * * *
    (i) * * *
    (C) Great Basin Unified Air Pollution Control District.
    (1) Rule 406, adopted on January 21, 1976 and revised on September 
24, 2003.
    (2) Rule 407, adopted on September 5, 1974 and revised on September 
24, 2003.
* * * * *
    (328) * * *
    (i) * * *
    (A) * * *

[[Page 31742]]

    (2) Rule 56, adopted on October 22, 1968 and amended on November 
11, 2003.
* * * * *
[FR Doc. 04-12767 Filed 6-4-04; 8:45 am]
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