[Federal Register Volume 73, Number 244 (Thursday, December 18, 2008)]
[Rules and Regulations]
[Pages 76947-76948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29641]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2008-0537; FRL-8731-3]


Revisions to the California State Implementation Plan, South 
Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing approval of revisions to the South Coast Air 
Quality Management District portion of the California State 
Implementation Plan (SIP). These revisions were proposed in the Federal 
Register on July 24, 2008 and concern the District's analysis of 
whether its rules met reasonably available control technology (RACT) 
under the 8-hour ozone National Ambient Air Quality Standards (NAAQS). 
We are approving the analysis under the Clean Air Act as amended in 
1990 (CAA or the Act).

DATES: Effective Date: This rule is effective on January 20, 2009.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2008-0537 for 
this action. The index to the docket 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: Stanley Tong, EPA Region IX, (415) 
947-4122, [email protected].

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

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On July 24, 2007 (73 FR 43186), EPA proposed to approve the 
following document into the California SIP.

----------------------------------------------------------------------------------------------------------------
             Local agency                               Document                      Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD................................  Reasonably Available Control Technology         07/14/06        01/31/07
                                         Analysis.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these rules because we determined that they 
complied with the relevant CAA requirements. Our proposed action 
contains more information on the submitted RACT analysis and our 
evaluation.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period. 
During this period, no comments were received.

III. EPA Action

    No comments were submitted that change our assessment that the 
submitted RACT analysis complies with the relevant CAA requirements 
under the 8-hour ozone NAAQS. Therefore, as authorized in section 
110(k)(3) of the Act, EPA is fully approving this document into the 
California SIP.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement

[[Page 76948]]

Act of 1995 (15 U.S.C. 272 note) because application of those 
requirements would be inconsistent with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 action 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 February 17, 2009. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: September 24, 2008.
Wayne Nastri,
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)(358) to read as 
follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (358) The 8-Hour Ozone Reasonable Available Control Technology 
State Implementation Plans (RACT)(SIP) for the following Air Quality 
Management Districts (AQMDs)/Air Pollution Control Districts (APCDs) 
were submitted on January 31, 2007, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Resolution 06-24 (A Resolution of the South Coast Air Quality 
Management District (SCAQMD) Board certifying that the SCAQMD's current 
air pollution rules and regulations fulfill the 8-hour Reasonably 
Available Control Technology (RACT) requirements, and adopting the RACT 
SIP revision, dated July 14, 2006.
    (2) South Coast Air Quality Management District (SCAQMD) Staff 
Report, SCAQMD 8-Hour Ozone Reasonably Available Control Technology 
(RACT) State Implementation Plan (SIP) Demonstration, including 
appendices, dated June 2006.
    (3) Notice of Exemption from the California Environmental Quality 
Act, SCAQMD 8-Hour Ozone Reasonably Available Control Technology (RACT) 
State Implementation Plan (SIP), dated June 2, 2006.
    (4) EPA comment letter to South Coast Air Quality Management 
District dated June 28, 2006, on 8-hour Ozone Reasonably Available 
Control Technology--State Implementation Plan (RACT SIP) Analysis, 
draft staff report dated May 2006, from Andrew Steckel, Chief, 
Rulemaking Office, U.S. EPA to Mr. Joe Cassmassi, Planning and Rules 
Manager, South Coast Air Quality Management District.
* * * * *

[FR Doc. E8-29641 Filed 12-17-08; 8:45 am]
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