[Federal Register Volume 72, Number 1 (Wednesday, January 3, 2007)]
[Rules and Regulations]
[Pages 9-11]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22420]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2005-CA-0011, FRL-8259-9]


Revisions to the California State Implementation Plan, Imperial 
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 
Imperial County Air Pollution Control District (ICAPCD) 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 March 5, 2007 without further notice, 
unless EPA receives adverse comments by February 2, 2007. 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: Submit comments, identified by docket number EPA-R09-OAR-
2005-CA-0011, by one of the following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the on-line instructions.
     E-mail: [email protected].
     Mail or deliver: Gerardo Rios (Air-3), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at www.regulations.gov, 
including any personal information provided, unless the comment 
includes Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Information that you 
consider CBI or otherwise protected should be clearly identified as 
such and should not be submitted through www.regulations.gov or e-mail. 
www.regulations.gov is an ``anonymous access'' system, and EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send e-mail directly to EPA, your e-mail 
address will be automatically captured and included as part of the 
public comment. 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.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 
IX, 75 Hawthorne Street, San Francisco, California. While all documents 
in the docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available in either location (e.g., CBI). 
To inspect the hard copy materials, please schedule an appointment 
during normal business hours with the contact FOR FURTHER INFORMATION 
CONTACT section below.

FOR FURTHER INFORMATION CONTACT: Manny Aquitania, Permits Office (AIR-
3), U.S. Environmental Protection Agency, Region IX, (415) 972-3977, 
[email protected].

[[Page 10]]


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. EPA recommendations to further improve the rules
    D. 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 agency and submitted by the California 
Air Resources Board.

                        Table 1.--Submitted Rules
------------------------------------------------------------------------
                   Rule
  Local Agency     No.         Rule title         Revised     Submitted
------------------------------------------------------------------------
ICAPCD.........      201  Permits Required....     09/14/99     05/26/00
ICAPCD.........      203  Transfer............     09/14/99     05/26/00
ICAPCD.........      205  Cancellation of          09/14/99     05/26/00
                           Applications.
ICAPCD.........      206  Processing of            09/14/99     05/26/00
                           Applications.
ICAPCD.........      208  Permit to Operate...     09/14/99     05/26/00
------------------------------------------------------------------------

    On October 6, 2000 these rule submittals 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 Rule 201 into the SIP on January 27, 1981 
(46 FR 8472). We approved a version of Rules 203 and 205 into the SIP 
on February 3, 1989 (54 FR 5448). We approved a version of Rule 208 
into the SIP on November 10, 1980 (45 FR 74480). There is no version of 
Rule 206 in the SIP.

C. What is the purpose of the submitted rules or rule revisions?

    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).
    The purposes of the new rule are as follows:
     Rule 206 provides extensive guidelines for the Air 
Pollution Control Officer to process an application for a permit; 
specifies required standards for actions on applications; and defines 
ministerial permits and discretionary permits.
    The purposes of rule revisions relative to the SIP rule are as 
follows:
     Rule 201 adds the requirement for an Authority to 
Construct (ATC) in addition to a Permit to Operate (PTO); clarifies 
that the types of permits regulated by Rules 420, 421, and 701 are not 
part of Rule 201; and specifies requirements for posting of a permit.
     Rule 203 is reformatted.
     Rule 205 adds a reference to the (California) Health and 
Safety Code.
     Rule 208 moves to Rule 207 the standards for a Permit to 
Operate, including offset requirements; adds a requirement for the APCO 
to inspect the facility to determine compliance; adds a provision for 
existing facilities without an ATC to obtain a PTO; and adds a 
provision to permit certain movable equipment where no construction is 
required.
    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 requirements 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).
    Guidance and policy documents that we used to help evaluate 
enforceability requirements consistently include the following:
     Review of New Sources and Modifications, U.S. EPA, 40 CFR 
part 51, subpart I, sections 161-165.
     Issues Relating to VOC Regulation Cutpoints, Deficiencies, 
and Deviations, EPA (May 25, 1988). (The Blue Book)
     Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies, EPA Region 9, (August 21, 2001). (The Little 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. EPA recommendations to further improve the rules

    The TSD describes additional revisions to Rules 201 and 205 that do 
not affect EPA's current action but are recommended for the next time 
the local agency modifies the rule.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the CAA, EPA is fully 
approving the submitted ICAPCD Rules 201, 203, 205, 206, and 208 
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 February 2, 
2007, 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 March 5, 
2007. 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.

[[Page 11]]

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 March 5, 2007. 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: November 30, 2006.
Wayne Nastri,
Regional Administrator, Region IX.

0
Part 52, Chapter I, Title 40 of the Code of Federal Regulation 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)(279)(i)(A)(12), 
(13), and (14) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (279) * * *
    (i) * * *
    (A) * * *
    (12) Rule 201, adopted prior to October 15, 1979 and revised on 
September 14, 1999.
    (13) Rule 208, adopted March 17, 1980 and revised on September 14, 
1999.
    (14) Rules 203, 205, and 206, adopted on November 19, 1985 and 
revised on September 14, 1999.
* * * * *

[FR Doc. E6-22420 Filed 12-29-06; 8:45 am]
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