Corrections to the California State Implementation Plan
Federal RegisterJan 22, 2004
Ask Donna
What actually matters in this document.
Text
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 104-REC; FRL-7601-6]
Corrections to the California State Implementation Plan
AGENCY:
Environmental Protection Agency (EPA).
ACTION:
Proposed rule.
SUMMARY:
EPA is proposing to delete various local rules and state statutes from the California State Implementation Plan (SIP) that were incorporated into the SIP in error. These primarily include rules and statutes concerning procedures before the local hearing board, local fees, enforcement authorities, administrative permit requirements, and appeals. EPA has determined that the continued presence of these rules and statutes in the SIP is potentially confusing and thus problematic for affected sources, the State, local agencies, and EPA. The intended effect of this proposal is to delete these rules and statutes to make the SIP consistent with the Clean Air Act as amended in 1990 (CAA or the Act).
DATES:
Any comments must arrive by February 23, 2004.
ADDRESSES:
Send comments to Andrew Steckel, Rulemaking Office Chief (AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901 or e-mail to
steckel.andrew@epa.gov
, or submit comments at
http://www.regulations.gov.
You may inspect copies of the rules to be deleted and public comments at our Region IX office during normal business hours by appointment. You may also see copies of the rules by appointment at the locations listed in
SUPPLEMENTARY INFORMATION
under “Public Inspection.”
FOR FURTHER INFORMATION CONTACT:
Julie A. Rose, Region IX, (415) 947-4126. E-mail:
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, 885 Lakeport Boulevard, 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 focused 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. Rules that govern local hearing board procedures and other administrative requirements such as frequency of meetings, salaries paid to board members, and procedures for petitioning for a local hearing.
B. Administrative permit rules such as those that describe procedures for action, denial, appeal, and reinstatement of permits to operate. Substantive local requirements to fulfill CAA new source review and operating permit provisions are federally approved or delegated elsewhere.
C. Variance provisions that provide for modification of the requirements of the applicable SIP. The variance procedures included in today's action are based in State law.
See
California Health & Safety Code sections 42350-42364. State- or district-issued variances provide an applicant with a mechanism to obtain relief from state enforcement of a state or local rule under certain conditions. Pursuant to federal law, specifically section 110(i) of the Clean Air Act, 42 U.S.C. 7410(i), neither EPA nor a state may revise a State Implementation Plan (SIP) by issuing an “order, suspension, plan revision or other action modifying any requirement of an applicable implementation plan” without a plan promulgation or revision. EPA and California have long recognized that a state-issued variance, though binding as a matter of state law, does not prevent EPA from enforcing the underlying SIP provisions unless and until EPA approves that variance as a SIP revision. The variance provisions included in today's action are deficient for various reasons, including their failure to address the fact that a state- or district-issued variance has no effect on federal enforceability unless the variance is submitted to and approved by EPA as a SIP revision. Therefore, their inclusion in the SIP is inconsistent with the Act and may be confusing to regulated industry and the general public. Moreover, because state-issued variances require independent EPA approval in order to modify the substantive requirements of a SIP, removal of these variance provisions from the SIP will have no effect on regulated entities.
See Industrial Environmental Association
v.
Browner,
No. 97-71117 (9th Cir., May 26, 2000).
D. Various provisions describing local agency investigative or enforcement authority including the authority to inspect or arrest, issue violation notices, and issue 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 CAA section 113, section 114 and elsewhere.
E. 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.
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 CAA section 110(k)(6) as inconsistent with the requirements of CAA section 110 and title I, part D.
California State Statutes
Statutory Provision
Title
Submittal date
Approval date
California Health & Safety Code, sections 24292, and 24296 to 24303 (1972)
Variances
02/21/72
05/31/72
California Health & Safety Code, sections 24310 to 24323 (1972)
Procedure
02/21/72
05/31/72
California Health & Safety Code, sections 24362.6 to 24363 and 24365.1 to 24365.12 (1972)
Rules and Regulations
02/21/72
05/31/72
Local Air Pollution Control Rules
Rule
Title
Submittal date
Approval date
Amador County Air Pollution Control District
504
Action on Applications
10/16/85
04/17/87
506
Denial of Application
10/16/85
04/17/87
509
Authority to Inspect
10/16/85
04/17/87
519
Appeals
10/16/85
04/17/87
520
Reinstatement
10/16/85
04/17/87
717
Lack of Permit
04/21/76
01/24/78
Antelope Valley Air Pollution Control District
211
Action on Permits
04/21/76
11/09/78
214
Denial of Permits
04/21/76
11/09/78
215
Permits Deemed Denied
04/21/76
11/09/78
216
Appeals
04/21/76
11/09/78
301
Permit Fees
07/19/83
10/19/84
301.1
Permit Fee Rates
07/19/83
10/19/84
301.2
Fee Schedules
07/19/83
10/19/84
302
Fees for Publication
02/03/83
11/18/83
303
Hearing Board Fees
02/03/83
11/18/83
304
Analysis Fees
02/03/83
10/19/84
1231
Judicial Review
01/02/79
05/09/80
Bay Area Air Quality Management District
1-402.1/402.1
Status of Violation Notices During Variance Proceedings
02/16/99
06/28/99
Butte County Air Pollution Control District
422
Required Information
03/26/96
05/02/01
423
Action on Applications
02/10/86
02/03/87
425
Appeals
02/10/86
02/03/87
Calaveras County Air Pollution Control District
204
Applications
06/30/72
09/22/72
206
Action on Applications
06/30/72
09/22/72
210
Denial of Applications
06/30/72
09/22/72
211
Further Information
06/30/72
09/22/72
212
Application Deemed Denied
06/30/72
09/22/72
213
Appeals
06/30/72
09/22/72
717
Lack of Permit
07/22/75
08/22/77
Colusa County Air Pollution Control District
1.6
Air Resources Board Power to Supersede
06/30/72
09/22/72
2.9
Denial of Applications
06/30/72
09/22/72
2.10
Further Information
06/30/72
09/22/72
2.11
Action on Applications
06/30/72
09/22/72
2.12
Appeals
06/30/72
09/22/72
4.2
Analyses Required
06/30/72
09/22/72
El Dorado County Air Pollution Control District
El Dorado County
77
Rejection of Applications
02/21/72
05/31/72
78
Further Information
02/21/72
05/31/72
79
Actions on Applications
02/21/72
05/31/72
80
Appeals
02/21/72
05/31/72
700
Applicable Articles of the Health and Safety Code
11/04/77
11/06/78
701
General
04/10/75
06/14/78
702
Filing Petitions
04/10/75
06/14/78
703
Contents of Petitions
11/04/77
11/06/78
704
Petitions for Variances
04/10/75
06/14/78
705
Appeal from Denial
04/10/75
06/14/78
706
Failure to Comply With Rules
04/10/75
06/14/78
707
Answers
04/10/75
06/14/78
708
Dismissal of Petition
04/10/75
06/14/78
709
Place of Hearing
04/10/75
06/14/78
710
Notice of Public Hearing
11/04/77
11/06/78
711
Evidence
04/10/75
06/14/78
712
Preliminary Matters
04/10/75
06/14/78
713
Official Notice
04/10/75
06/14/78
714
Continuances
04/10/75
06/14/78
715
Decision
04/10/75
06/14/78
716
Effective Date of Decision
04/10/75
06/14/78
717
Lack of Permit
04/10/75
06/14/78
Lake Tahoe Air Basin
512
Applications
02/11/80
05/18/81
514
Action on Applications
02/11/80
05/18/81
519
Further Information
02/11/80
05/18/81
520
Application Deemed Denied
02/11/80
05/18/81
521
Denial of Applications
02/11/80
05/18/81
522
Revocation of a Permit
02/11/80
05/18/81
523
Appeals
02/11/80
05/18/81
524
Reinstatement
02/11/80
05/18/81
702
Filing Petitions
05/23/79
05/18/81
703
Contents of Petitions
05/23/79
05/18/81
704
Petitions for Variances
05/23/79
05/18/81
707
Answers
05/23/79
05/18/81
708
Dismissal of Petition
05/23/79
05/18/81
709
Place of Hearing
05/23/79
05/18/81
710
Notice of Hearing
05/23/79
05/18/81
Mountain Counties Air Basin
520
Reinstatement
04/17/80
05/27/82
700
Applicable Articles of the Health and Safety Code
04/11/83
11/18/83
702
Filing Petitions
04/11/83
11/18/83
703
Contents of Petitions
04/11/83
11/18/83
710
Notice of Public Hearing
10/23/81
05/27/82
Feather River Air Quality Management District
Sutter County
4.7
Denial of Applications
01/28/81
01/28/81
4.9
Action on Applications
01/28/81
01/28/81
4.10
Appeals
01/28/81
01/28/81
5.18
Lack of Permit
01/28/81
04/12/82
9.7
Permit Actions
01/28/81
04/12/82
9.8
Variance Actions
01/28/81
04/12/82
Yuba County
4.7
Denial of Applications
03/30/81
04/12/82
4.8
Further Information
03/30/81
04/12/82
4.9
Action on Applications
03/30/81
04/12/82
4.10
Appeals
03/30/81
04/12/82
4.11
Variance Action
03/30/81
04/12/82
5.00
General
10/15/79
01/26/82
5.01
Hearing Board
10/15/79
01/26/82
5.02
Procedures
10/15/79
01/26/82
5.03
Hearings
10/15/79
01/26/82
5.04
Contents of Petition for Hearing
03/30/81
01/26/82
5.05
Request for Variances
10/15/79
04/12/82
5.06
Appeal from Denial
10/15/79
01/26/82
5.07
Failure to Comply with Rules
10/15/79
01/26/82
5.08
Answers
10/15/79
01/26/82
5.09
Dismissal of Request for a Hearing
10/15/79
01/26/82
5.10
Place of Hearing
10/15/79
01/26/82
5.11
Notice of Hearing
10/15/79
01/26/82
5.12
Evidence
10/15/79
01/26/82
5.13
Preliminary Matters
10/15/79
01/26/82
5.14
Official Notice
10/15/79
01/26/82
5.15
Continuances
10/15/79
01/26/82
5.16
Decision
10/15/79
01/26/82
5.17
Effective Date of Decision
10/15/79
01/26/82
5.18
Lack of Permit
10/15/79
01/26/82
5.19
Record of Hearing
10/15/79
01/26/82
6.0
Variances
03/30/81
01/26/82
6.1
Interim Variances
10/15/79
01/26/82
6.2
Limitation of Granting Variance
10/15/79
01/26/82
6.3
Hearing Board May Impose Other Requirements
10/15/79
01/26/82
6.4
Cash Bond
10/15/79
01/26/82
6.5
Modifying or Revoking Variances
10/15/79
01/26/82
6.6
Variance Time Period
10/15/79
01/26/82
6.7
Variance Action
10/15/79
01/26/82
Glenn County Air Pollution Control District
53
Denial of Permit
06/30/72
09/22/72
54
Action on Application
06/30/72
09/22/72
55
Appeals
06/30/72
09/22/72
96
Variances
11/03/80
01/26/82
97
Exceptions
06/30/72
09/22/72
Great Basin Unified Air Pollution Control District
107
Constitutionality
04/21/76
06/06/77
203
Applications
12/17/79
06/18/82
211
Denial of Applications
04/21/76
12/08/76
214
Appeals
04/21/76
12/08/76
616
Effective Date of Decision
04/21/76
06/06/77
Imperial County Air Pollution Control District
110
Appeals
02/21/72
05/31/72
204
Applications
06/09/87
02/03/89
210
Denial of Applications
06/09/87
02/03/89
Kern County Air Pollution Control District—Southeast Desert
110
Arrests and Notices to Appear
12/15/80
07/06/82
204
Applications
06/30/72
09/22/72
206
Action on Applications
06/30/72
09/22/72
210
Denial of Applications
06/30/72
09/22/72
211
Further Information
06/30/72
09/22/72
212
Applications Deemed Denied
06/30/72
09/22/72
213
Appeals
06/30/72
09/22/72
518
Lack of Permit
07/19/74
08/22/77
Lake County Air Quality Management District
631
Duplicate Permit
08/06/82
11/10/82
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
Lassen County Air Pollution Control District
2.02
Time to Obtain Permit to Operate
06/30/72
09/22/72
2.04
Applications
06/30/72
09/22/72
2.06
Action on Applications
06/30/72
09/22/72
2.10
Denial of Applications
06/30/72
09/22/72
2.11
Further Information
06/30/72
09/22/72
2.12
Applications Deemed Denied
06/30/72
09/22/72
2.13
Appeals
06/30/72
09/22/72
Mariposa County Air Pollution Control District
16
Revocation of Permit
06/30/72
09/22/72
514
Appeals
06/06/77
08/16/78
617
Lack of Permit
01/10/75
08/22/77
Mendocino County Air Quality Management District
230
Action on Applications—Two Introductory Paragraphs
08/06/82
07/31/85
230-C
Denial of Application
08/06/82
07/31/85
250
Appeals
04/17/80
06/18/82
630
Decisions
11/10/76
11/07/78
Modoc County Air Pollution Control District
2.02
Time to Obtain Permit to Operate
06/30/72
09/22/72
2.04
Applications
06/30/72
09/22/72
2.06
Action on Applications
06/30/72
09/22/72
2.10
Denial of Applications
06/30/72
09/22/72
2.12
Applications Deemed Denied
06/30/72
09/22/72
2.13
Appeals
06/30/72
09/22/72
Mojave Desert Air Quality Management District
Riverside County
210
Applications
06/06/77
11/09/78
211
Action on Permits
06/06/77
11/09/78
214
Denial of Permits
06/06/77
11/09/78
215
Permits Deemed Denied
06/06/77
11/09/78
216
Appeals
06/06/77
11/09/78
302
Fees for Publication
02/03/83
11/18/83
303
Hearing Board Fees
02/03/83
11/18/83
304
Analysis Fees
02/03/83
11/18/83
517
Lack of Permit
06/06/77
09/08/78
1201
Discretion to Hold Hearing
01/02/79
05/09/80
1202
Notice
01/02/79
05/09/80
1203
Petitions
01/02/79
05/09/80
1204
Answers to Petitions
01/02/79
05/09/80
1205
Function of the Board
01/02/79
05/09/80
1206
Appearances
07/25/79
09/28/81
1207
Service and Filing
07/19/83
02/01/84
1208
Rejection of Documents
07/25/79
09/28/81
1209
Form and Size
01/02/79
05/09/80
1210
Copies
01/02/79
05/09/80
1211
Subpoenas
01/02/79
05/09/80
1212
Continuances
07/25/79
09/28/81
1213
Request for Continuances or Time Extensions
07/25/79
09/28/81
1214
Transcript and Record
01/02/79
05/09/80
1215
Conduct of Hearing
07/25/79
09/28/81
1216
Presiding Officer
07/25/79
09/28/81
1217
Disqualification of Hearing Officer or Board Officer
01/02/79
05/09/80
1218
Ex Parte Communications
07/25/79
09/28/81
1219
Evidence
07/25/79
09/28/81
1220
Prepared Testimony
01/02/79
05/09/80
1221
Official Notice
01/02/79
05/09/80
1222
Order of Proceedings
07/25/79
09/28/81
1223
Prehearing Conference
01/02/79
05/09/80
1224
Opening Statements
01/02/79
05/09/80
1225
Conduct of Cross-Examination
07/25/79
09/28/81
1226
Oral argument
07/25/79
09/28/81
1227
Briefs
07/25/79
09/28/81
1228
Motions
07/25/79
09/28/81
1229
Decisions
07/25/79
09/28/81
1230
Proposed Decisions and Exceptions
07/25/79
09/28/81
San Bernardino County
210
Applications
06/06/77
11/09/78
211
Action on Permits
06/06/77
11/09/78
214
Denial of Permits
06/06/77
11/09/78
215
Permits Deemed Denied
06/06/77
11/09/78
216
Appeals
06/06/77
11/09/78
517
Lack of Permit
06/06/77
09/08/78
Monterey Bay Unified Air Pollution Control District
203
Application
02/06/85
07/13/87
210
Denial of Applications
02/06/85
07/13/87
211
Appeals
02/06/85
07/13/87
North Coast Unified Air Quality Management District
250
Appeals
03/23/81
06/18/82
2-502
Enforcement—Penalties
07/10/84
01/19/85
620
Hearing Procedures
08/06/82
11/10/82
Northern Sierra Air Quality Management District
Nevada County
17
Denial of Applications
02/21/72
05/31/72
18
Further Information
02/21/72
05/31/72
19
Application Deemed Denied
02/21/72
05/31/72
514
Appeals
06/06/77
09/14/78
717
Lack of Permit
04/10/75
06/14/78
Plumas County
503
Applications
06/22/81
06/18/82
504
Action on Applications
06/22/81
06/18/82
506
Denial of Applications
06/22/81
06/18/82
518
Revocation of a Permit to Operate
06/22/81
06/18/82
519
Appeals
06/22/81
06/18/82
520
Reinstatement
06/22/81
06/18/82
521
Annual Renewal
06/22/81
06/18/82
717
Lack of Permit
01/10/75
06/14/78
Sierra County
46
General Enforcement
07/25/73
05/11/77
503
Applications
06/22/81
06/18/82
504
Action on Applications
06/22/81
06/18/82
506
Denial of Applications
06/22/81
06/18/82
518
Revocation of a Permit to Operate
06/22/81
06/18/82
519
Appeals
06/22/81
06/18/82
520
Reinstatement
06/22/81
06/18/82
521
Annual Renewal
06/22/81
06/18/82
600
Applicable Articles of the Health and Safety Code
06/06/77
09/14/78
612
Preliminary Matters
06/06/77
09/14/78
613
Official Notice
06/06/77
06/14/78
614
Continuances
06/06/77
09/14/78
615
Decision
06/06/77
09/14/78
616
Effective Date of Decision
06/06/77
09/14/78
617
Lack of Permit
06/06/77
09/14/78
619
Order of Abatement
01/10/75
08/22/77
620
Severability
01/10/75
08/22/77
Northern Sonoma County Air Pollution Control District
013
Applications
06/30/72
09/22/72
015
Action on Applications
06/30/72
09/22/72
019
Denial of Applications
06/30/72
09/22/72
020
Further Information
06/30/72
09/22/72
021
Applications Deemed Denied
06/30/72
09/22/72
022
Appeals
06/30/72
09/22/72
100
Penalties for Violations
06/30/72
09/22/72
Placer County Air Pollution Control District
Lake Tahoe Air Basin
2-17
Denial of Applications
02/21/72
05/31/72
2-18
Further Information
02/21/72
05/31/72
2-19
Applications Deemed Denied
02/21/72
05/31/72
2-20
Appeals
02/21/72
05/31/72
504
Applications
08/21/79
06/23/82
506
Action on Applications
08/21/79
06/23/82
511
Revocation of a Permit
08/21/79
06/23/82
512
Appeals
08/21/79
06/23/82
513
Reinstatement
08/21/79
06/23/82
717
Lack of Permit
01/10/75
06/14/78
Mountain Counties Air Basin
2-17
Denial of Applications
02/21/72
05/31/72
2-18
Further Information
02/21/72
05/31/72
2-19
Applications Deemed Denied
02/21/72
05/31/72
2-20
Appeals
02/21/72
05/31/72
504
Applications
10/15/79
05/18/81
506
Action on Applications
10/15/79
05/18/81
512
Appeals
10/15/79
05/18/81
513
Reinstatement
10/15/79
05/18/81
705
Appeal from Denial
01/10/75
06/14/78
706
Failure to Comply with Rules
10/13/77
11/15/78
717
Lack of Permit
01/10/75
06/14/78
Sacramento Valley Air Basin
701
General
01/10/75
06/14/78
702
Filing Petitions
10/13/77
11/15/78
703
Contents of Petitions
10/13/77
11/15/78
704
Petitions for Variances
10/13/77
11/15/78
705
Appeal from Denial
01/10/75
06/14/78
706
Failure to Comply with Rules
10/13/77
11/15/78
707
Answers
01/10/75
06/14/78
708
Dismissal of Petition
10/13/77
11/15/78
709
Place of Hearing
10/13/77
11/15/78
710
Notice of Hearing
10/13/77
11/15/78
711
Evidence
01/10/75
06/14/78
712
Preliminary Notice
01/10/75
06/14/78
713
Official Notice
01/10/75
06/14/78
714
Continuances
01/10/75
06/14/78
715
Decision
10/13/77
11/15/78
716
Effective Date of Decision
01/10/75
06/14/78
717
Lack of Permit
01/10/75
06/14/78
San Diego County Air Pollution Control District
14
Applications
06/02/80
09/28/81
18
Action on Applications
06/30/72
09/22/72
22
Denial of Application
06/30/72
09/22/72
23
Further Information
06/30/72
09/22/72
24
Applications Deemed Denied
06/30/72
09/22/72
San Joaquin Valley Unified Air Pollution Control District
2040
Applications
12/17/92
09/28/94
Fresno County
206
Action on Applications
06/30/72
09/22/72
518
Lack of Permit
07/19/74
08/22/77
Kern County
104
Enforcement
11/10/76
03/22/78
107
Inspection
06/30/72
09/22/72
109
Penalty
06/30/72
09/22/72
206
Action on Applications
06/30/72
09/22/72
303
Analysis Fee Schedules
06/30/72
09/22/72
304
Technical Reports—Charges for
06/30/72
09/22/72
518
Lack of Permit
07/19/74
08/22/77
Kings County
206
Action on Applications
06/30/72
09/22/72
518
Lack of Permit
06/30/72
09/22/72
Madera County
206
Action on Applications
06/30/72
09/22/72
518
Combining an Appeal with a Petition for Variance
02/07/89
04/16/91
Merced County
206
Action on Applications
06/30/72
09/22/72
505
Petitions for Variances
08/02/76
06/14/78
518
Lack of Permit
08/02/76
06/14/78
San Joaquin County
206
Action on Applications
06/30/72
09/22/72
519
Lack of Permit
10/23/74
08/22/77
Stanislaus County
206
Action on Applications
06/30/72
09/22/72
518
Lack of Permit
10/23/74
08/22/77
Tulare County
206
Action on Applications
06/30/72
09/22/72
San Luis Obispo County Air Pollution Control District
202
Applications
11/10/76
02/01/84
206
Denial of Applications
11/10/76
02/01/84
207
Action on Applications—Time Limits
11/10/76
02/01/84
208
Appeals
11/10/76
02/01/84
Santa Barbara County Air Pollution Control District
204
Applications
05/23/79
05/18/81
207
Denial of Applications
05/23/79
05/18/81
208
Action on Applications—Time Limits
05/23/79
05/18/81
209
Appeals
05/23/79
05/18/81
513
Evidence
05/23/79
05/18/81
517
Decision
05/23/79
05/18/81
519
Lack of Permit
05/23/79
05/18/81
Shasta County Air Quality Management District
2.10
Applications
11/21/86
04/12/89
2:17
Status of Permit
06/30/72
09/22/72
2:18
Application Deemed Denied
07/19/83
02/01/84
2:19
Appeals
11/25/87
04/17/89
2.22
Change in Multi-Component System
06/30/72
09/22/72
2:26
Revocation of Permit
11/21/86
04/12/89
2:27
Submittal of Information
11/21/86
04/12/89
4:7
Petition for Abatement Order
11/21/86
04/12/89
Siskiyou County Air Pollution Control District
2.4
Application
02/21/72
05/31/72
2.6
Action on Applications
02/21/72
05/31/72
2.8
Denial of Application
03/18/87
04/12/89
2.9
Appeals
03/18/87
04/12/89
2.10
Further Information
03/26/90
11/04/96
3.1
Hearing Board Fees
07/25/73
02/10/77
3.2
Permit Fees
07/25/73
02/10/77
3.3
Schedule of Fees
07/25/73
02/10/77
5.1
Applicable Articles of the Health and Safety Code
07/25/73
02/10/77
5.2
General
07/25/73
02/10/77
5.3
Filing Petitions
07/25/73
02/10/77
5.4
Contents of Petitions
07/25/73
02/10/77
5.5
Petitions for Variances
07/25/73
02/10/77
5.6
Failure to Comply with Rules
07/25/73
02/10/77
5.7
Answers
07/25/73
02/10/77
5.8
Withdrawal of Petition
07/25/73
02/10/77
5.9
Place of Hearing
07/25/73
02/10/77
5.10
Notice of Hearing
07/25/73
02/10/77
5.11
Rules of Evidence and Procedure
07/25/73
02/10/77
5.12
Records of Proceedings
07/25/73
02/10/77
5.13
Preliminary Matters
07/25/73
02/10/77
5.14
Official Notice
07/25/73
02/10/77
5.15
Continuances
07/25/73
02/10/77
5.16
Hearing and Decision
07/25/73
02/10/77
5.17
Effective Date of Decision
07/25/73
02/10/77
5.18
Issuance of Subpoenas
07/25/73
02/10/77
South Coast Air Quality Management District
214
Denial of Permits
05/13/91
05/13/99
215
Permits Deemed Denied
05/31/91
05/13/99
216
Appeals
05/13/91
05/13/99
301
Permit Fees
07/19/83
10/19/84
301.1
Permit Fee Rates
07/19/83
10/19/84
301.2
Fee Schedules
07/19/83
10/19/84
1201
Discretion to Hold Hearing
01/02/79
05/09/80
1202
Notice
01/02/79
05/09/80
1203
Petitions
01/02/79
05/09/80
1204
Answers to Petitions
01/02/79
05/09/80
1205
Function of the Board
01/02/79
05/09/80
1206
Appearances
07/25/79
09/28/81
1207
Service and Filing
07/19/83
02/01/84
1208
Rejection of Documents
07/25/79
09/28/81
1209
Form and Size
01/02/79
05/09/80
1210
Copies
01/02/79
05/09/80
1211
Subpoenas
01/02/79
05/09/80
1212
Continuances
07/25/79
09/28/81
1213
Request for Continuances or Time Extensions
07/25/79
09/28/81
1214
Transcript and Record
01/02/79
05/09/80
1215
Conduct of Hearing
07/25/79
09/28/81
1216
Presiding Officer
07/25/79
09/28/81
1217
Disqualification of Hearing Officer or Board Officer
01/02/79
05/09/80
1218
Ex Parte Communications
07/25/79
09/28/81
1219
Evidence
07/25/79
09/28/81
1220
Prepared Testimony
01/02/79
05/09/80
1221
Official Notice
01/02/79
05/09/80
1222
Order of Proceedings
07/25/79
09/28/81
1223
Prehearing Conference
01/02/79
05/09/80
1224
Opening Statements
01/02/79
05/09/80
1225
Conduct of Cross-Examination
07/25/79
09/28/81
1226
Oral Argument
07/25/79
09/28/81
1227
Briefs
07/25/79
09/28/81
1228
Motions
07/25/79
09/28/81
1229
Decisions
07/25/79
09/28/81
1230
Proposed Decision and Exceptions
07/25/79
09/28/81
Tehama County Air Pollution Control District
2:7
Denial of Applications
12/15/80
04/12/82
2:8
Appeals
12/15/80
04/12/82
2:12
Status of Permit
02/10/86
02/03/87
3:15
Penalties
11/25/87
04/17/89
5:10
Service of Notices
02/10/86
07/12/90
Tuolumne County Air Pollution Control District
503
Applications
10/23/81
05/27/82
504
Action on Applications
10/23/81
05/27/82
506
Denial of Application
10/23/81
05/27/82
518
Revocation of a Permit to Operate
10/23/81
05/27/82
519
Appeals
10/23/81
05/27/82
520
Reinstatement
10/23/81
05/27/82
521
Annual Renewal
10/23/81
05/27/82
717
Lack of Permit
02/10/77
12/06/79
Ventura County Air Pollution Control District
3
Advisory Committee
07/19/74
08/15/77
8
Access to Facilities
05/23/79
06/18/82
22
Appeals
06/30/72
09/22/72
27
Suspension of Permits
03/17/80
06/18/82
73
National Emission Standards for Hazardous Air Pollutants
11/10/76
08/15/77
73.1
National Emission Standards for Asbestos
11/10/76
08/15/77
73.2
National Emission Standards for Beryllium
11/10/76
08/15/77
73.3
National Emission Standards for Beryllium Rocket Motor Firing
11/10/76
08/15/77
73.4
National Emission Standards for Mercury
11/10/76
08/18/77
127
Lack of Permit
05/23/79
06/18/82
Yolo-Solano Air Pollution Control District
3.1
General Permit Requirements:
403
Denial of Applications
10/19/94
07/07/97
406
Appeals
10/19/04
07/07/97
5.18
Lack of Permit
07/25/73
06/14/78
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 new information during the comment period supporting the maintenance of these rules in the SIP, 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 13211, “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 (Pub. L. 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. 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, Intergovernmental relations, Reporting and recordkeeping requirements.
Authority:
42 U.S.C. 7401
et seq.
Dated: December 10, 2003.
Wayne Nastri,
Regional Administrator, Region IX.
[FR Doc. 04-1234 Filed 1-21-04; 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.