[Federal Register Volume 72, Number 222 (Monday, November 19, 2007)]
[Rules and Regulations]
[Pages 64946-64948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22447]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2007-1013; FRL-8496-7]


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 portion of the 
California State Implementation Plan (SIP). Under authority of the 
Clean Air Act as amended in 1990 (CAA or the Act), we are approving the 
rescission from the California SIP of local rules that address Storage, 
Handling and Transport of Petroleum Coke and PM-10 Emissions from Paved 
and Unpaved Roads, and Livestock Operations, and the accompanying 
negative declaration.

DATES: This rule is effective on January 18, 2008 without further 
notice, unless EPA receives adverse comments by December 19, 2007. 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: Submit comments, identified by docket number EPA-R09-OAR-
2007-1013, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions.
    2. E-mail: [email protected].
    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at http://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  http://www.regulations.gov or e-mail. http://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. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    Docket: The index to the docket for this action is available 
electronically at http://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 listed in the 
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Cynthia G. Allen, EPA Region IX, (415) 
947-4120, [email protected].

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

Table of Contents

I. The State's Submittal
    A. What rule rescissions did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rule rescissions?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rule rescissions?
    B. Do the rule rescissions meet the evaluation criteria?
    C. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule rescissions did the State submit?

    Table 1 lists the rule rescissions we are approving with the dates 
that they were adopted by the Antelope Valley Air Quality Management 
District (AVAQMD) and submitted by the California Air Resources Board 
(CARB).

[[Page 64947]]



                                            Table 1.--Submitted Rules
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            Local agency             Rule            Rule title              Adopted        Submitted
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AVAQMD.............................            1158  Storage, Handling, and             02/20/07        08/24/07
                                                      Transport of Petroleum
                                                      Coke.
AVAQMD.............................            1186  PM-10 Emissions From Paved         05/16/06        10/05/06
                                                      and Unpaved Roads, and
                                                      Livestock Operations.
----------------------------------------------------------------------------------------------------------------

    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 on September 17, 2007 and October 24, 2006, respectively.

B. Are there other versions of these rules?

    A version of Rule 1158 adopted December 2, 1983 was approved into 
the SIP on January 15, 1987. A version of Rule 1186 adopted September 
10, 1999 was approved into the SIP on June 10, 2000.

C. What is the purpose of the submitted rule rescissions?

    Section 110(a) of the CAA requires states to submit regulations 
that control VOC emissions, oxides of nitrogen, particulate matter, and 
other air pollutants which harm human health and the environment. These 
rules were originally developed as part of the South Coast Air Quality 
Management District's (SCAQMD) program to control particulate matter 
(PM). At the time, SCAQMD's jurisdiction included the portion of Los 
Angeles County located in the Mojave Desert Air Basin, known as the 
Antelope Valley. On July 1, 1997 the AVAQMD was formed, pursuant to 
statute and assumed the duties and powers of the SCAQMD in the Antelope 
Valley. The AVAQMD subsequently rescinded Rules 1158 and 1186 after 
determining that there are no sources regulated by these rules within 
the jurisdiction of the AVAQMD. EPA's technical support document (TSD) 
has more information about these rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rule rescissions?

    EPA has evaluated all the appropriate background and submittal 
documentation and has determined that the rescission of Rules 1158 and 
1186 are approvable. The AVAQMD has identified that the sources 
regulated by these rules are not present in the AVAQMD. Further, the 
AVAQMD also stated that they do not anticipate these types of sources 
in the future.
    The rule rescissions are consistent with the CAA, EPA regulations 
and EPA policy.

B. Do the rule rescissions meet the evaluation criteria?

    We believe these rule rescissions are consistent with the relevant 
policy and guidance. The TSD has 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 rule rescissions 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 rule rescissions. If we receive adverse comments by December 
19, 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 
January 18, 2008. This will incorporate these rule rescissions 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 approves a state rule 
implementing a Federal standard.
    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.).

[[Page 64948]]

    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 January 18, 2008. 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, Volatile organic compounds.

    Dated: November 2, 2007.
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 paragraphs (c)(153)(vii)(C) and 
(278)(i)(A)(3) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (153) * * *
    (vii) * * *
    (C) Previously approved on March 14, 1984 in paragraph 
(c)(153)(vii)(B) of this section and now deleted without replacement 
for implementation in the Antelope Valley Air Quality Management 
District Rule 1158.
* * * * *
    (278) * * *
    (i) * * *
    (A) * * *
    (3) Previously approved on January 21, 2000 in paragraph 
(c)(278)(i)(A)(2) of this section and now deleted without replacement 
for implementation in the Antelope Valley Air Quality Management 
District Rule 1186.
* * * * *
[FR Doc. E7-22447 Filed 11-16-07; 8:45 am]
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