Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision; Mendocino County Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 071-0069; FRL-6129-5]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision; Mendocino County Air Quality

Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the

California State Implementation Plan (SIP). This action is an

administrative change which revises the definitions in Mendocino County

Air Quality Management District (MCAQMD or District) Rule 130,

Definitions. The intended effect of approving this action is to

incorporate changes to the definitions for clarity and consistency with

revised federal and state definitions. This approval action will

incorporate these definitions into the Federally approved SIP. Thus,

EPA is finalizing the approval of these revisions into the California

SIP under provisions of the CAA regarding EPA action on SIP submittals,

SIPs for national primary and secondary ambient air quality standards

and plan requirements for nonattainment areas.

DATES: This rule will become effective on September 29, 1998, without

further notice, unless EPA receives relevant adverse comments by August

31, 1998. If EPA receives such comment, then it will publish a document

in the Federal Register informing the public that this rule will not

take effect.

ADDRESSES: Copies of the rule revision and EPA's evaluation report of

each rule are available for public inspection at EPA's Region IX office

during normal business hours. Copies of the submitted rule revisions

are also available for inspection at the following locations:

Rulemaking Office (AIR-4), Air Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105.

Environmental Protection Agency, Air Docket (6102), 401 ``M'' Street,

S.W., Washington, D.C. 20460.

California Air Resources Board, Stationary Source Division, Rule

Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812.

Mendocino County Air Quality Management District, 306 East Gobbi

Street, Ukiah, California 95482.

FOR FURTHER INFORMATION CONTACT: Cynthia G. Allen, Rulemaking Office

(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX,

75 Hawthorne Street, San Francisco, CA 94105-3901, Telephone: (415)

744-1189.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rule being approved into the California SIP is: Mendocino

County Air Quality Management District Rule 130, Definitions. This rule

was submitted by the California Air Resources Board to EPA on November

18, 1993.

II. Background

On March 3, 1978, EPA promulgated a list of nonattainment areas

under the provisions of the Clean Air Act, as amended in 1977 (1977 Act

or pre-amended Act), that listed Mendocino County as attainment or

unclassifiable for all pollutants, see 43 FR 8964, 40 CFR 81.305. In

response to the section 110(a) of the Act and other requirements, the

MCAQMD submitted many rules which EPA approved into the SIP.

This document addresses EPA's direct-final action for the following

MCAQMD rule: Rule 130, Definitions. This rule was adopted by MCAQMD on

April 6, 1993, and submitted by the State of California for

incorporation into its SIP on November 18, 1993. This rule was found to

be complete on December 27, 1993, pursuant to EPA's completeness

criteria that are set forth in 40 CFR part 51, Appendix V 1

and is being finalized for approval into the SIP. This rule was

originally adopted as part of MCAQMD's efforts to achieve and maintain

the National Ambient Air Quality Standards (NAAQS).

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\1\ EPA adopted the completeness criteria on February 16, 1990

(55 FR 5830) and, pursuant to section (110)(k)(1)(A) of the CAA,

revised the criteria on August 26, 1991 (56 FR 42216).

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The following is EPA's evaluation and final action for this rule.

III. EPA Evaluation and Action

In determining the approvability of a rule, EPA must evaluate the

rule for consistency with the requirements of the CAA and EPA

regulations, as found in section 110, and part D of the CAA and 40 CFR

part 51 (Requirements for Preparation, Adoption and Submittal of

Implementation Plans). The EPA interpretation of these requirements,

which forms the basis for this action, appears in various EPA policy

guidance documents.2

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\2\ Among other things, the pre-amendment guidance consists of

those portions of the proposed post-1987 ozone and carbon monoxide

policy that concern RACT, 52 FR 45044 (November 24, 1987); ``Issues

Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,

Clarification to Appendix D of November 24, 1987 Federal Register

Notice'' (Blue Book) (notice of availability was published in the

Federal Register on May 25, 1988).

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EPA previously reviewed many rules from the MCAQMD and incorporated

them into the federally approved SIP pursuant to section 110(k)(3) of

the CAA. Those definitions that are being superseded by today's action

are as follows:

Rule 130, Definitions:

(p5) Prevention of Significant Deterioration

(PSD) Increment (submitted 08/08/82)

(t2) Trade Secrets (submitted 04/17/80)

The following revisions were made in MCAQMD Rule 130, Definitions:

(p6) ``Prevention of Significant Deterioration Increment'' is being

amended to bring it into conformity with federal regulations; (t2)

``Toxic Air Contaminant'' is being renumbered and amended for clarity;

and (t3) ``Trade Secrets'' is being renumbered.

EPA has evaluated the submitted rule and has determined that it

allows proper implementation of rules previously approved into the SIP,

and does not relax the requirements of those rules. Therefore, MCAQMD

Rule 130, Definitions, is being approved under section 110(k)(3) of the

CAA as meeting the requirements of section 110(a) and part D. Future

action by EPA on prohibitory, new source review, or other MCAQMD rules

may require changes to these definitions.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any State implementation plan. Each request for revision to

the State implementation plan shall be considered separately in light

of specific technical, economic and environmental factors and in

relation to relevant statutory and regulatory requirements.

EPA is publishing this rule without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in the proposed rules section of this

Federal Register publication, EPA is publishing a separate document

that will serve as the proposal to approve the SIP revision should

relevant adverse comments be filed. This rule will be effective

September 29, 1998, without further notice unless the Agency receives

relevant adverse comments by August 31, 1998.

[[Page 40831]]

If the EPA received such comments, then EPA will publish a document

withdrawing the final rule and informing the public that the rule will

not take effect. All public comments received will then be addressed in

a subsequent final rule based on the proposed rule. The EPA will not

institute a second comment period. Any parties interested in commenting

should do so at this time. If no such comments are received, the public

is advised that this rule will be effective on September 29, 1998, and

no further action will be taken on the proposed rule.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from E.O. 12866 review.

The final rule is not subject to E.O. 13045, entitled ``Protection

of Children from Environmental Health Risks and Safety Risks,'' because

it is not an ``economically significant'' action under E.O. 12866.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the

Clean Air Act do not create any new requirements but simply approve

requirements that the State is already imposing. Therefore, because the

Federal SIP approval does not impose any new requirements, the

Administrator certifies that it does not have a significant impact on

any small entities affected. Moreover, due to the nature of the

Federal-State relationship under the CAA, preparation of a flexibility

analysis would constitute Federal inquiry into the economic

reasonableness of State action. The Clean Air Act forbids EPA to base

its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.

EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

private sector, of $100 million or more. Under section 205, EPA must

select the most cost-effective and least burdensome alternative that

achieves the objectives of the rule and is consistent with statutory

requirements. Section 203 requires EPA to establish a plan for

informing and advising any small governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. This Federal action approves pre-

existing requirements under State or local law, and imposes no new

Federal requirements. Accordingly, no additional costs to State, local,

or tribal governments, or to the private sector, result from this

action.

D. Submission to Congress and the General Accounting Office

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit a report containing this rule and other

required information to the U.S. Senate, the U.S. House of

Representatives, and the Comptroller General of the United States prior

to publication of the rule in the Federal Register. This rule is not a

``major'' rule as defined by 5 U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by September 29, 1998. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for the purposes of judicial

review nor does it extend the time within which a petition for judicial

review may be filed, and shall not postpone the effectiveness of such

rule or action. This action may not be challenged later in proceedings

to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and recordkeeping requirements, Volatile

organic compound.

Note: Incorporation by reference of the State Implementation

Plan for the State of California was approved by the director of the

Federal Register on July 1, 1982.

Dated: July 8, 1998.

Felicia Marcus,

Regional Administrator, Region IX.

Part 52, Chapter I, Title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

1. The authority citation for Part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart F--California

2. Section 52.220 is amended by adding paragraph (c)(194)(i)(G) to

read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(194) * * *

(i) * * *

(G) Mendocino County Air Quality Management District.

(1) Rule 130 (p6), (t2), and (t3) adopted April 6, 1993.

* * * * *

[FR Doc. 98-20508 Filed 7-30-98; 8:45 am]

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