Corrections to the California State Implementation Plan
Federal RegisterSep 13, 2001
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 036-REC; FRL-7056-5]
Corrections to the California State Implementation Plan
AGENCY:
Environmental Protection Agency (EPA).
ACTION:
Proposed rule.
SUMMARY:
EPA is proposing to delete various local rules from the California State Implementation Plan (SIP) that were incorporated into the SIP in error. These primarily include rules concerning local fees, enforcement authorities, New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP). EPA has determined that the continued presence of these rules in the SIP is potentially confusing and thus harmful to affected sources, local agencies and to EPA. The intended effect of this proposal is to delete these rules and make the SIP consistent with the Clean Air Act as amended in 1990 (CAA or the Act).
DATES:
Any comments must arrive by October 15, 2001.
ADDRESSES:
Mail comments to Andy Steckel, Rulemaking Office Chief (AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX, 75
Hawthorne Street, San Francisco, CA 94105.
You may inspect copies of the rules to be deleted at our Region IX office during normal business hours. You may also see copies at the locations listed in
SUPPLEMENTARY INFORMATION
under “Public Inspection.”
FOR FURTHER INFORMATION CONTACT:
Julie A. Rose, Rulemaking Office (AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105; (415) 744-1184. Email: rose.julie@EPA.gov
SUPPLEMENTARY INFORMATION:
Public Inspection
California Air Resources Board
Stationary Source Division
Rule Evaluation Section
1001 “I” Street
Sacramento, CA 95814
Amador County Air Pollution Control District
500 Argonaut Lane
Jackson, CA 95642
Antelope Valley Air Pollution Control District
43301 Division Street, Suite 206
Lancaster, CA 93539-4409
Bay Area Air Quality Management District
939 Ellis Street
San Francisco, CA 94109
Butte County Air Quality Management District
2525 Dominic Drive, Suite J
Chico, CA 95928-7184
Calaveras County Air Pollution Control District
891 Mountain Ranch Road
San Andreas, CA 95249-9709
Colusa County Air Pollution Control District
100 Sunrise Blvd. Suite F
Colusa, CA 95932-3246
El Dorado County Air Pollution Control District
2850 Fairlane Court, Building C
Placerville, CA 95667-4100
Feather River Air Quality Management District
938—14th Street
Marysville, CA 95901-4149
Glenn County Air Pollution Control District
720 North Colusa Street
Willows, CA 95988-0351
Great Basin Unified Air Pollution Control District
157 Short Street, Suite 6
Bishop, CA 93514
Imperial County Air Pollution Control District
150 South Ninth Street
El Centro, CA 92243-2801
Kern County (Southeast Desert) Air Pollution Control District
2700 M. Street, Suite 302
Bakersfield, CA 93301-2370
Lake County Air Quality Management District
883 Lakeport Blvd.
Lakeport, CA 95453-5405
Lassen County Air Pollution Control District
175 Russell Avenue
Susanville, CA 96130-4215
Mariposa County Air Pollution Control District
5110 Bullion Street
Mariposa, CA 95338
Mendocino County Air Quality Management District
306 E. Gobbi Street
Ukiah, CA 95482
Modoc County Air Pollution Control District
202 W. Fourth Street
Alturas, CA 96101
Mojave Desert Air Quality Management District
14306 Park Avenue
Victorville, CA 92392-2310
Monterey Bay Unified Air Pollution Control District
24580 Silver Cloud Ct.
Monterey, CA 93940-6536
North Coast Unified Air Quality Management District
2300 Myrtle Avenue
Eureka, CA 95501-3327
Northern Sierra Air Quality Management District
200 Litton Drive, Suite 320
Grass Valley, CA 95945-2509
Northern Sonoma County Air Pollution Control District
150 Matheson Street
Healdsburg, CA 95448-4908
Placer County Air Pollution Control District
11464 B Avenue
Auburn, CA 95603
San Diego County Air Pollution Control District
9150 Chesapeake Drive
San Diego, CA 92123-1096
San Joaquin Valley Unified Air Pollution Control District
1990 East Gettysburg
Fresno, CA 93726
San Luis Obispo County Air Pollution Control District
3433 Roberto Court
San Luis Obispo, CA 93401-7126
Santa Barbara County Air Pollution Control District
26 Castilian Drive, B-23
Goleta, CA 93117
Shasta County Air Quality Management District
1855 Placer Street, Suite 101
Redding, CA 96001-1759
Siskiyou County Air Pollution Control District
525 South Foothill Drive
Yreka, CA 96097-3036
South Coast Air Quality Management District
21865 E. Copley Drive
Diamond Bar, CA 91765
Tehama County Air Pollution Control District
1750 Walnut Street
Red Bluff, CA 96080
Tuolumne County Air Pollution Control District
22365 Airport
Columbia, CA 95310
Ventura County Air Pollution Control District
669 County Square Drive
Ventura, CA 93003
Yolo-Solano Air Quality Management District
1947 Galileo Court, Suite 103
Davis, CA 95616
Throughout this document wherever “we,” “us,” or “our” are used, we mean EPA.
Table of Contents
I. Why is EPA proposing to correct the SIP?
II. What rules are proposed for deletion?
III. Proposed action, public comment and final action
IV. Administrative Requirements
I. Why Is EPA Proposing To Correct the SIP?
The Clean Air Act was first enacted in 1970. In the 1970s and early 1980s, thousands of state and local agency regulations were submitted to EPA for incorporation into the SIP in order to fulfill the new federal requirements. In many cases, states submitted entire regulatory air pollution programs, including many elements not required by the Act. Due to time and resource constraints, EPA's review of these submittals focussed primarily on the new substantive requirements and we approved many other elements into the SIP with minimal review.
We now recognize that many of these elements were not appropriate for approval into the SIP. In general, these elements are appropriate for state and local agencies to adopt and implement, but it is not necessary or appropriate to make them federally enforceable by incorporating them into the applicable SIP. These include:
A. Various local fee provisions that are not economic incentive programs and are not designed to replace or relax a SIP emission limit. While it is appropriate for local agencies to implement fee provisions, for example, to recover costs for issuing permits, it is generally not appropriate to make local fee collection federally enforceable.
B. Various provisions describing local agency investigative or enforcement
authority such as some rules titled enforcement, authority to inspect, authority to arrest, violation notices, and orders for abatement. States may need to adopt such rules to demonstrate adequate enforcement authority under section 110(a)(2) of the Act, but they should not be approved into the applicable SIP to avoid potential conflict with EPA's independent authorities provided in sections 113, 114 and elsewhere.
C. Local adoption of federal NSPS requirements either by reference or by adopting text identical or modified from the requirements found in 40 CFR part 60. Since EPA has independent authority to implement 40 CFR part 60, it is not appropriate to make parallel local authorities federally enforceable by approving them into the applicable SIP.
D. Local adoption of NESHAP requirements found in 40 CFR part 61 as similarly discussed regarding NSPS.
II. What Rules Are Proposed for Deletion?
EPA has determined that the California rules listed in the tables below are inappropriate for inclusion in the SIP, but were previously approved into the SIP in error. Dates that these rules were submitted by the State and approved by EPA are provided. We are proposing deletion of these rules and any earlier versions of these rules from the individual air pollution control district portions of the California SIP under section section 110(k)(6) as inconsistent with the requirements of CAA section 110 and part D.
Rule
Title
Submittal
date
Approval
date
Amador County Air Pollution Control District
103
Enforcement
10/15/79
05/18/81
105
Civil Action
04/21/76
06/14/78
318
Enforcement Responsibility
10/16/85
04/17/87
319
Penalty
10/16/85
04/17/87
402
Authority to Inspect
10/15/79
05/18/81
509
Authority to Inspect
10/16/85
04/17/87
Reg. 6
Fees (Rules 601 to 604)
10/15/79
05/18/81
Antelope Valley Air Pollution Control District
302
Fees for Publications
02/03/83
11/18/83
304
Analysis Fees
02/03/83
10/19/84
Los Angeles County
42
Hearing Board Fees
06/06/77
09/08/78
43
Analysis Fees
06/30/72
09/22/72
44
Technical Reports, Charges for
06/30/72
09/22/72
45
Permit Fees—Open Burning
07/25/73
09/08/78
105
Authority to Arrest
06/06/77
09/08/78
120
Fees
06/30/72
09/22/72
Southern California APCD
105
Authority to Arrest
04/21/76
06/14/78
Bay Area Air Quality Management District
Reg. 3
Fees
08/30/83
05/03/84
Fees—Schedules A through Schedule I
08/30/83
05/03/84
Reg. 7
New Source Performance Standards (01-13)
01/10/75
05/11/77
Butte County Air Quality Management District
04-03
Permit Fees
04/11/83
11/18/83
04-11
Appeal Fee
04/11/83
11/18/83
05-03
Application Fee
04/11/83
11/18/83
701
Violation of Rules
02/10/86
02/03/87
702
Violation of Orchard Heater or Open Burning Regulations
02/10/86
02/03/87
703
Citations
02/10/86
02/03/87
902
Empower to Enter Upon Private Property
02/10/86
02/03/87
Calaveras County Air Pollution Control District
109
Penalty
06/30/72
09/22/72
216
Enforcement
10/13/77
11/07/78
324
Penalty
10/13/77
11/07/78
402
Authority to Inspect
10/13/77
11/07/78
602
Permit Fee Schedules (1 to 6)
10/13/77
11/07/78
603
Analysis Fees
10/13/77
11/07/78
604
Technical Reports
10/13/77
11/07/78
Colusa County Air Pollution Control District
1.4
Enforcement
06/30/72
09/22/72
2.13
Appeal Fee
06/30/72
09/22/72
6.11
Enforcement
06/30/72
09/22/72
6.12
Penalty
06/30/72
09/22/72
El Dorado County Air Pollution Control District
El Dorado County
216
Enforcement
11/04/77
11/06/78
323
Enforcement Responsibility
04/10/75
06/14/78
324
Penalty
11/04/77
11/06/78
402
Authority to Inspect
11/04/77
11/06/78
601
Analysis Fees
04/10/75
06/14/78
602
Technical Reports—Charges for
04/10/75
06/14/78
Lake Tahoe Air Basin
Reg. 6
Fees (Rules 601 to 613)
08/15/80
05/27/82
Reg. 8
Enforcement (Rules 801 to 804)
05/23/79
05/18/81
Mountain Counties Air Basin
226
Enforcement
10/27/83
05/03/84
318
Enforcement Responsibility
10/23/81
05/27/82
319
Penalty
10/23/81
05/27/82
509
Authority to Inspect
04/17/80
05/27/82
Reg. 6
Fees (Rules 601 to 608)
08/15/80
05/27/82
Reg. 6
Fees (Rules 609 to 612)
04/11/83
11/18/83
Feather River Air Quality Management District—Sutter County
1.4
Enforcement
02/25/80
01/26/82
2.20
Payment of Order Charging Costs
06/30/72
09/22/72
Reg. 8
Penalties and Abatement (Rules 8.0 to 8.2)
01/28/81
04/12/82
Reg. 9
Enforcement Procedure (Rules 9.0 to 9.4)
01/28/81
04/12/82
Yuba County
Reg. 7
Fees (Rules 7.0 to 7.1)
10/15/79
01/26/82
8.0
Penalties
03/30/81
04/12/82
8.1
Arrest, Notice to Appear
10/15/79
01/26/82
8.2
Orders for Abatement
03/30/81
04/12/82
Reg. 9
Enforcement Procedures (Rules 9.0 to 9.4)
03/30/81
04/12/82
Glenn County Air Pollution Control District
3
Enforcement
11/03/80
01/26/82
3.1
Right of Entry
01/10/75
08/22/77
151
Hearing Transcript Cost
06/30/72
09/22/72
152
Analysis Fees
11/04/77
09/14/78
153
Technical Reports and Regulations: Charges for
06/30/72
09/22/72
154
Authorization to Construct Fees
11/04/77
09/14/78
155
Permit to Operate Fee Schedules (1 to 7)
01/10/75
05/11/77
Great Basin Unified Air Pollution Control District
105
Arrests and Notices to Appear
04/21/76
06/06/77
300
Permit Fees
05/28/81
04/13/82
301
Permit Fee Schedules (1 to 7)
10/23/81
04/13/82
302
Analysis Fees
04/21/76
06/06/77
303
Technical Reports—Charges For
04/21/76
06/06/77
Imperial County Air Pollution Control District
104
Violations
11/04/77
08/11/78
105
Enforcement
06/09/87
02/03/89
106
Abatement
11/04/77
08/11/78
108
Inspections
06/09/87
02/03/89
Reg. 3
Fees (Rules 301, 302, 305, 306, and 307)
10/23/81
05/27/82
Reg. 3
Fees (Rule 303)
11/04/77
08/11/78
Reg. 3
Fees (Rule 304)
10/15/79
01/27/81
706
Penalty Clause
10/15/79
01/27/81
Kern County Air Pollution Control District—Southeast Desert
104
Enforcement
11/10/76
03/22/78
107
Inspections
06/30/72
09/22/72
109
Penalty
06/30/72
9/22/72
110
Arrests and Notices to Appear
12/15/80
07/06/82
Reg. 3
Fees (Rules 301 and 305)
07/30/81
07/06/82
Reg. 3
Fees (Rules 301.1 and 302, Schedule 9)
07/19/83
02/01/84
Reg. 3
Fees Rule 302 (Schedules 1 to 8)
07/30/81
07/06/82
Reg. 3
Fees (Rules 303 and 304)
06/30/72
09/22/72
422
New Source Performance Standards
07/22/75
08/22/77
423
Emission Standards for Hazardous Air Pollutants
07/22/75
08/22/77
Lake County Air Quality Management District
531
Credentials for Entry
02/10/77
08/04/78
660
Renewal Fees
05/23/79
01/27/81
660.1
Permit Fee Penalty
08/06/82
11/10/82
660.2
Cancellation or Denial
08/06/82
11/10/82
660.3
Miscellaneous Charges
08/06/82
11/10/82
Ch. 7
Penalties (Rules 900 and 902)
04/11/83
11/18/83
Ch. 7
Penalties (Rule 901)
02/10/77
08/04/78
1500
Enforcement
02/10/77
08/04/78
Lassen County Air Pollution Control District
1.4
Enforcement
07/25/73
02/10/77
Reg. 3
Fees (Rules 3.2, 3.3 (Schedules 1 to 6), 3.4, and 3.5)
07/25/73
02/10/77
Mariposa County Air Pollution Control District
17
Penalty
06/30/72
09/22/72
216
Enforcement
06/06/77
08/16/78
402
Authority to Inspect
06/06/77
08/16/78
Mendocino County Air Quality Management District
340
Technical Report Charges
11/10/76
11/07/78
500
Enforcement
04/19/84
12/05/84
520
Civil Penalties
04/19/84
12/05/84
2-502.1
Penalties
04/19/84
12/05/84
2-502.2
Penalties
12/03/84
05/09/85
Part X
Paragraph 3, Permit Fees
02/21/72
05/31/72
Modoc County Air Pollution Control District
1.4
Enforcement
06/30/72
09/22/72
Mojave Desert Air Quality Management District
Riverside County
105
Authority to Arrest
11/04/77
12/21/78
Reg. 3
Fees, Rules 301 and 42
06/06/77
09/08/78
Reg. 3
Fees, Rules 43 and 44
06/30/72
09/22/72
San Bernardino County
105
Authority to Arrest
03/26/90
11/27/90
Reg. 3
Fees, Rules 40, 42, 43, and 44
02/21/72
05/31/72
Southern California APCD
105
Authority to Arrest
04/21/76
06/14/78
Monterey Bay Unified Air Pollution Control District
104
Arrests and Notices to Appear
02/06/85
07/13/87
Reg. 3
Fees (Rules 302 and 303)
10/23/74
10/27/77
Reg. 3
Fees (Rule 301, Schedules I to V)
02/03/83
08/09/85
North Coast Unified Air Quality Management District
500
Enforcement
03/14/84
12/05/84
520
Civil Penalties
03/14/84
12/05/84
2-502
Penalties
07/10/84
01/29/85
Northern Sierra Air Quality Management District
223
Enforcement
10/28/96
09/16/97
Nevada County
105
Arrest Without Warrant; Citation Procedure
04/10/75
06/14/78
402
Authority to Inspect
06/06/77
09/14/78
Reg. 6
Fees (Rules 601 and 602)
04/10/75
06/14/78
41
Analysis Fees
02/21/72
05/31/72
Plumas County
3
Penalties for Violations
06/30/72
09/22/72
4
Civil Penalties
06/30/72
09/22/72
40
Permit Fees
06/30/72
09/22/72
509
Authority to Inspect
06/22/81
06/18/82
Sierra County
509
Authority to Inspect
06/22/81
06/18/82
46
General Enforcement
02/21/72
05/31/72
50
Field Inspection
02/21/81
05/31/72
618
Hearing Board Fees
05/23/79
01/25/82
Northern Sonoma County Air Pollution Control District
42
Analysis Fees
06/30/72
09/22/72
100
Penalties for Violations
06/30/72
09/22/72
500
Enforcement
10/16/85
04/17/87
520
Civil Penalties
10/16/85
04/17/87
Placer County Air Pollution Control District
105
Civil Action
01/10/75
06/14/78
402
Authority to Inspect
10/13/77
11/15/78
40
Hearing Board Fees
02/21/72
05/31/72
42
Technical Reports, Charges for
02/21/72
05/31/72
Lake Tahoe Air Basin
Reg. 8
Enforcement (Rules 801 to 804)
10/13/77
11/15/78
Mountain Counties Air Basin
801
Enforcement
10/13/77
11/15/78
802
Authority to Arrest
10/13/77
11/15/78
803
Penalties, paragraph A
2/10/86
2/3/87
803
Penalties, paragraphs B & C
10/13/77
11/15/78
804
Order for Abatement
10/13/77
11/15/78
Sacramento Valley Air Basin
603
Analysis Fees
10/13/77
11/15/78
604
Renewal Fee
10/13/77
11/15/78
605
Exemptions to Rule 604
10/13/77
11/15/78
Fee Schedules (1 to 5)
10/13/77
11/15/78
Reg. 8
Enforcement (Rules 801 to 804)
10/13/77
11/15/78
San Diego County Air Pollution Control District
5
Authority to Arrest
4/21/76
5/11/77
San Joaquin Valley Unified Air Pollution Control District
Fresno County
104
Enforcement
6/30/72
9/22/72
105
Order of Abatement
6/30/72
9/22/72
107
Inspections
6/30/72
9/22/72
109
Penalty
6/30/72
9/22/72
111
Arrests and Notice to Appear
6/4/86
4/10/89
301
Permit Fee
4/11/83
11/18/83
302
Permit Fee Schedules
10/15/79
12/9/81
303
Analysis Fee Schedules
6/30/72
9/22/72
304
Technical Reports-Charges for
6/30/72
9/22/72
422
New Source Performance Standards
2/10/76
8/22/77
423
Emission Standards for Hazardous Air Pollutants
2/10/76
8/22/77
Kern County
104
Enforcement
11/10/76
3/22/78
107
Inspections
6/30/72
9/22/72
109
Penalty
6/30/72
9/22/72
110
Arrests and Notice to Appear
12/15/80
7/6/82
301
Permit Fee
7/30/81
7/6/82
301.1
Banking Certificate Fees
7/19/83
2/1/84
302
Permit Fee Schedules
7/19/83
2/1/84
303
Analysis Fee Schedules
6/30/72
9/22/72
304
Technical Reports-Charges for
6/30/72
9/22/72
422
New Source Performance Standards
7/22/75
8/22/77
423
Emission Standards for Hazardous Air Pollutants
7/22/75
8/22/77
Kings County
104
Enforcement
11/4/77
8/4/78
107
Inspections
7/25/73
8/22/77
109
Penalty
6/30/72
9/22/72
110
Arrests and Notice to Appear
11/4/77
8/4/78
301
Permit Fee
10/15/79
12/9/81
Madera County
105
Enforcement
4/11/83
11/18/83
108
Inspections
4/11/83
11/18/83
111
Penalty
4/11/83
11/18/83
112
Arrests and Notice to Appear
2/7/89
4/16/91
301
Permit Fees
4/11/83
11/18/83
302
Permit Fee Schedules
4/11/83
11/18/83
303
Emission Analysis Fees
4/11/83
11/18/83
304
Report Fees
4/11/83
11/18/83
Merced County
104
Enforcement
7/19/83
2/1/84
107
Inspections
6/30/72
9/22/72
112
Penalty
10/19/84
1/29/85
113
Arrests and Notices to Appear
7/19/83
2/1/84
301
Permit Fees (Paragraphs c to g, i, and j)
6/30/72
9/22/72
301
Permit Fees (Paragraphs: a, b, and h)
6/30/72
9/22/72
302
Permit Fee Schedules
8/2/76
6/14/78
303
Analysis Fees
6/30/72
9/22/72
304
Technical Reports—Charges for
6/30/72
9/22/72
San Joaquin County
104
Enforcement
11/10/76
10/4/77
105
Order of Abatement
11/10/76
10/4/77
107
Inspections
6/30/72
9/22/72
109
Penalty
6/30/72
9/22/72
112
Arrests and Notice to Appear
11/10/76
10/4/77
422
New Source Performance Standards
02/10/76
08/22/77
423
Emission Standards for Hazardous Air Pollutants
02/10/76
08/22/77
Stanislaus County
104
Enforcement
08/02/76
08/22/77
105
Order of Abatement
08/02/76
08/22/77
107
Inspections
06/30/72
09/22/72
109
Penalty
08/30/83
05/03/84
112
Arrests and Notice to Appear
08/02/76
08/22/77
422
New Source Performance Standards
08/02/76
08/22/77
Emission Standards for Hazardous Air Pollutants
08/02/76
08/22/77
Tulare County
104
Enforcement
05/20/82
11/10/82
107
Inspections
06/30/72
09/22/72
109
Penalty
06/30/72
09/22/72
110
Arrests and Notice to Appear
06/09/87
02/03/89
San Luis Obispo County Air Pollution Control District
110
Enforcement
11/10/76
08/04/78
111
Arrests and Notice to Appear
11/10/76
08/04/78
Santa Barbara County Air Pollution Control District
210
Fees (Paragraphs A to D-5 and G to L)
12/15/80
06/18/82
210
Fees (Paragraphs D-6 to D-8 and E to F)
11/08/82
06/01/83
402
Enforcement
05/23/79
05/18/81
Shasta County Air Quality Management District
2-11
Fees
05/20/82
11/10/82
3-7
Enforcement
07/19/74
08/22/77
Siskiyou County Air Pollution Control District
1.4
Enforcement
03/26/90
11/04/96
3.1
Hearing Board Fees
02/21/72
05/31/72
3.2
Permit Fees
02/21/72
05/31/72
3.3
Schedule of Fees
02/21/72
05/31/72
South Coast Air Quality Management District
302
Fees for Publication
02/03/83
11/18/83
304
Analysis Fees
02/03/83
10/19/84
Los Angeles County
45
Permit Fees—Open Burning
07/25/73
09/08/78
120
Fees
06/30/72
09/22/72
Orange County
120
Fees
02/21/72
05/31/72
Southern California APCD
105
Authority to Arrest
04/21/76
06/14/78
Tehama County Air Pollution Control District
1.3
Enforcement
12/15/80
04/12/82
2.9
Variance and Permit Fees
12/15/80
04/12/82
Tuolumne County Air Pollution Control District
216
Enforcement
02/10/77
12/06/79
323
Enforcement Responsibility
02/10/77
12/06/79
324
Penalty
02/10/77
12/06/79
509
Authority to Inspect
10/23/81
05/27/82
Ventura County Air Pollution Control District
9
Arrest Authority
05/23/79
06/18/82
72-72.8
New Source Performance Standards (various sources)
11/03/75
08/15/77
72.9-72.10
New Source Performance Standards (various sources)
11/10/76
08/15/77
73-73.4
National Emission Standards for Hazardous Air Pollutants (various sources)
11/10/76
08/15/77
Yolo-Solano Air Quality Management District
1.4
Enforcement
06/22/78
01/29/79
1.7
Arrest, Notice to Appear
02/21/72
05/31/72
2.18
Payment of Order Charging Costs
02/21/72
05/31/72
III. Proposed action, public comment and final action
EPA has reviewed the rules listed in the tables above and determined that they were previously approved into the applicable California SIP in error. Deletion of these rules will not relax the applicable SIP and is consistent with the Act. Therefore, EPA is proposing to delete these rules under section 110(k)(6) of the Act, which provides EPA authority to remove these rules without additional State submission. We will accept comments from the public on this proposal for the next 30 days. Unless we receive convincing new information during the comment period, we intend to publish a final action that will delete these rules from the federally enforceable SIP.
IV. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed 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 proposed action is also not subject to Executive Order 32111, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This proposed action imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this proposed 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 proposed rule 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 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), nor will it 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), because it does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This proposed rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant.
In this proposed rule, EPA is not developing or adopting a technical standard. 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. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this proposed rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the “Attorney General's Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings” issued under the executive order. This proposed 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.
).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Reporting and recordkeeping requirements.
Authority:
42 U.S.C. 7401
et seq.
Dated: August 31, 2001.
Sally Seymour,
Acting Regional Administrator, Region IX.
[FR Doc. 01-22999 Filed 9-12-01; 8:45 am]
BILLING CODE 6560-50-P
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.