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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.