[Federal Register Volume 70, Number 34 (Tuesday, February 22, 2005)]
[Rules and Regulations]
[Pages 8518-8520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3185]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 207-0435a; FRL-7871-1]


Revisions to the California State Implementation Plan, Antelope 
Valley Air Quality Management 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 
Antelope Valley Air Quality Management District (AVAQMD) portion of the 
California State Implementation Plan (SIP). These revisions concern the 
permitting of air pollution sources. We are approving local rules under 
authority of the Clean Air Act as amended in 1990 (CAA or the Act).

DATES: This rule is effective on April 25, 2005 without further notice, 
unless EPA receives adverse comments by March 24, 2005. 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: Send comments to Gerardo Rios, Permits Office Chief (AIR-3), 
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 SIP revisions and EPA's 
technical support document (TSD) at our Region IX office during normal 
business hours. You may also see copies of the submitted SIP revisions 
and TSD 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.
Antelope Valley Air Quality Management District, 43301 Division Street, 
206, Lancaster, CA 93535.
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: Manny Aquitania, Permits Office (AIR-
3), U.S. Environmental Protection

[[Page 8519]]

Agency, Region IX, (415) 947-4123, [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 Submitted Rules or Rule Revisions?
II. EPA's Evaluation and Action
    A. How is EPA Evaluating the Rules?
    B. Do the Rules Meet the Evaluation Criteria?
    C. Proposed Action and Public Comment
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 dates that they 
were adopted by the local air agencies and submitted by the California 
Air Resources Board.

                                                                                    Table 1.--Submitted Rules
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                  Local agency                    Rule                                             Rule title                                                Amended        Submitted
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AVAQMD..........................................             201  Permit to Construct...........................................................................        08/19/97        03/10/98
AVAQMD..........................................             203  Permit to Operate.............................................................................        08/19/97        03/10/98
AVAQMD..........................................             204  Permit Conditions.............................................................................        08/19/97        03/10/98
AVAQMD..........................................             205  Expiration of Permits to Construct............................................................        08/19/97        03/10/98
AVAQMD..........................................             217  Provision for Sampling and Testing Facilities.................................................        08/19/97        03/10/98
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    On May 21, 1998, the submittals of Rules 201, 203, 204, 205, and 
217 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 a version of Rules 201, 203, 204, 205, and 217 into the 
SIP on November 9, 1978 (43 FR 52237).

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

    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.
    The purposes of the revisions relative to the SIP rules are as 
follows:
     Rules 201, 203, 205, and 217 revise the format with no 
change in content.
     Rule 204 adds a provision to allow the Air Pollution 
Control Officer (APCO), after a 30-day notice to the permitee, to add 
or amend written conditions in a permit to assure compliance with 
applicable rules and regulations. The TSD has 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 with the other requirements, these rules must be 
enforceable (see section 110(a) of the CAA) and must not relax existing 
requirements (see sections 110(l) and 193). EPA policy that we used to 
define specific enforceability requirements includes:
     Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans, U.S. EPA, 40 CFR part 51.
     Issues Relating to VOC Regulation Cutpoints, Deficiencies, 
and Deviations, U.S. EPA (May 25, 1988) (The Bluebook).

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 TSD has 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 AVAPCD Rules 201, 203, 204, 205, and 217, 
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 March 24, 
2005, 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 April 25, 
2005. 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. 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 (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

[[Page 8520]]

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. 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. 
section 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 April 25, 2005. 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, Reporting and recordkeeping 
requirements.

    Dated: January 12, 2005.
Laura Yoshii,
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 paragraph (c)(254)(i)(E)(3) as 
follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (254) * * *
    (i) * * *
    (E) * * *
    (3) Rules 201, 203, 204, 205, and 217, adopted on January 9, 1976 
and amended on August 19, 1997.
* * * * *
[FR Doc. 05-3185 Filed 2-18-05; 8:45 am]
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