Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision; South Coast Air Quality Management District, San Diego County Air Pollution Control District, and Kern County Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA-198-0058; FRL-6142-2]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision; South Coast Air Quality Management

District, San Diego County Air Pollution Control District, and Kern

County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to approve revisions to the California State

Implementation Plan (SIP) which primarily concern the control of

particulate matter (PM) emissions. The

[[Page 42787]]

intended effect of these proposed SIP revisions is principally to

regulate PM emissions in accordance with the requirements of the Clean

Air Act, as amended in 1990 (CAA or the Act). EPA's final approval of

these revisions will incorporate them into the federally approved SIP

for the South Coast Air Quality Management District (SCAQMD), San Diego

County Air Pollution Control District (SDCAPCD), and the Kern County

Air Pollution Control District (KCAPCD). EPA has evaluated each of the

revisions and is proposing to approve them 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. EPA is also proposing a limited approval and

limited disapproval of SCAQMD Rule 403. EPA is proposing simultaneous

limited approval and limited disapproval of this revision because,

while it strengthens the SIP, it also does not fully meet the CAA

provisions regarding plan submissions and requirements for

nonattainment areas.

DATES: Written comments must be received on or before September 10,

1998.

ADDRESSES: Comments should be addressed to Dave Jesson, Air Planning

Office (AIR-2), Air Division, U.S. Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.

Copies of the rule revisions and EPA's evaluation report of the

rules are available for public inspection at EPA's Region 9 office

during normal business hours. Copies of the submitted rule revisions

are also available for inspection at the following locations:

California Air Resources Board, Stationary Source Division, Rule

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

South Coast Air Quality Management District, 21865 E. Copley Drive,

Diamond Bar, CA

San Diego County Air Pollution Control District, 9150 Chesapeake Drive,

San Diego, CA

Kern County Air Pollution Control District, 2700 ``M'' Street, Suite

302, Bakersfield, CA

FOR FURTHER INFORMATION CONTACT: Dave Jesson, (415) 744-1288.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rules being proposed for approval into the California SIP are:

SCAQMD Rule 403, Fugitive Dust (as amended on February 14, 1997);

SCAQMD Rule 403.1, Wind Entrainment of Fugitive Dust (adopted on

January 15, 1993); SCAQMD Rule 1186, PM10 Emissions from

Paved and Unpaved Roads, and Livestock Operations (adopted on February

14, 1997); San Diego Rule 52, Particulate Matter (as amended on January

22, 1997); San Diego Rule 53, Specific Air Contaminants (as amended on

January 22, 1997); San Diego Rule 54, Dust and Fumes (as amended on

January 22, 1997); and KCAPCD Rule 405, Particulate Matter--Emission

Rate (as amended on May 1, 1997). These new and amended rules were

submitted to EPA as SIP revisions by the California Air Resources Board

(CARB) on August 1, 1997, with the exception of SCAQMD Rule 403.1,

which was submitted on November 18, 1993. EPA is also proposing to

approve local ordinances for 9 Coachella Valley cities and the County

of Riverside for the control of fugitive dust in the Coachella Valley

Planning Area. 1 The ordinances were adopted on various

dates and submitted as SIP revisions on February 16, 1995.

---------------------------------------------------------------------------

\1\ The Coachella Valley Planning Area is classified as a

serious PM-10 nonattainment area, and is located within the

jurisdiction of the SCAQMD, which also has responsibility for the

South Coast Air Basin serious PM-10 nonattainment area.

---------------------------------------------------------------------------

II. Background

In response to section 110(a) and Part D of the Act, local

California air pollution control districts have adopted and the State

of California has submitted many PM rules for incorporation into the

California SIP, including the rules and ordinances being acted on in

this document. This document addresses EPA's proposed approval of

SCAQMD Rules 403, 403.1, and 1186; SDCAPCD Rules 52, 53, and 54; and

KCAPCD Rule 405, as identified above. These submitted rules were found

to be complete on September 30, 1997, pursuant to EPA's completeness

criteria that are set forth in 40 CFR part 51, appendix V 2,

with the exception of SCAQMD Rule 403.1, which was found complete on

December 27, 1993, and the Coachella Valley ordinance submittal, which

became complete by operation of law on August 16, 1995.

---------------------------------------------------------------------------

\2\ 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).

---------------------------------------------------------------------------

SCAQMD Rule 403, Fugitive Dust, consists of reasonably available

control measures (RACMs) and best available control measures (BACMs) to

reduce fugitive dust emissions associated with agricultural operations,

``active operations'' (construction and demolition activities, earth-

moving activities, or vehicular movement), track-out of bulk material

onto public paved roadways, and open storage piles or disturbed surface

areas. SCAQMD Rule 403.1, Wind Entrainment of Fugitive Dust, consists

of additional fugitive dust measures for agriculture, abandoned

disturbed surface areas, and bulk material deposits entrained by high

winds within the Coachella Valley. SCAQMD Rule 1186, PM10

Emissions from Paved and Unpaved Roads, and Livestock Operations,

establishes BACM requirements for reducing PM entrained as a result of

vehicular traffic on paved and unpaved roads, and at livestock

operations. The Coachella Valley ordinances, together with the

applicable SCAQMD rules, constitute RACM and BACM for the Coachella

Valley PM-10 nonattainment area, applying additional fugitive dust

controls on construction projects and on paved and unpaved roads and

surfaces.

SDCAPCD Rule 52, Particulate Matter, prohibits any source from

discharging into the atmosphere PM in excess of 0.10 grain per dry

standard cubic foot of gas. SDCAPCD Rule 53, Specific Air Contaminants,

limits by volume, emissions of combustion PM and sulfur compounds,

calculated as sulfur dioxide (SO2). SDCAPCD Rule 54, Dust and Fumes,

restricts PM emissions from process operations. KCAPCD Rule 405

Particulate Matter--Emission Rate, also restricts PM emissions from

process operations.

The rules and ordinances that are the subject of this action were

originally adopted as part of each district's efforts to prevent

violations of the National Ambient Air Quality Standard (NAAQS) for

Total Suspended Particulates (TSP), EPA's original ambient standard for

particulates, or for PM-10, EPA's ambient standard for PM adopted on

July 1, 1987.3 The SCAQMD revised its

[[Page 42788]]

Rule 403 and adopted new Rule 1186 to meet CAA Part D requirements for

RACM and BACM for fugitive sources of PM-10. The Coachella Valley

ordinances were adopted by local jurisdictions to provide important

additional RACM and BACM controls as supplements to the SCAQMD rules.

---------------------------------------------------------------------------

\3\ EPA's revision to the NAAQS for particulate matter on July

1, 1987 (52 FR 24672) replaced standards for total suspended

particulates (TSP) with new standards applying only to particulate

matter up to 10 microns in diameter (PM-10). At that time, EPA

established two PM-10 standards. The annual PM-10 standard is

attained when the expected annual arithmetic average of the 24-hour

samples for a period of one year does not exceed 50 micrograms per

cubic meter (ug/m\3\). The 24-hour PM-10 standard of 150 ug/m\3\ is

attained if samples taken for 24-hour periods have no more than one

expected exceedance per year, averaged over 3 years.

On July 18, 1997, EPA reaffirmed the annual PM-10 standard and

slightly revised the 24-hour standard (62 FR 38651). The revised 24-

hour PM-10 standard is attained if the 99th percentile of the

distribution of the 24-hour results over 3 years does not exceed 150

ug/m\3\ at each monitor within an area. In the same rulemaking, EPA

also established two new standards for PM, both applying only to

particulate matter up to 2.5 microns in diameter (PM-2.5). EPA has

not yet established specific plan and control requirements for the

new PM-2.5 NAAQS.

Emissions of fine PM contribute to the production of ground-

level PM. PM can harm human health by causing lung damage, increased

respiratory disease, and possibly premature death. Children, the

elderly, and people suffering from heart and lung disease, like

asthma, are especially at risk. PM also damages materials, reduces

visibility, and adversely affects crops and forests.

---------------------------------------------------------------------------

III. EPA Evaluation and Proposed Action

A. Evaluation of Rules and Ordinances

In determining the approvability of a PM rule or ordinance, EPA

must evaluate the measure 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). EPA must also ensure that measures

are enforceable, and strengthen or maintain the SIP's control strategy.

For PM-10 nonattainment areas classified as moderate, Part D of the

CAA requires that SIPs must include enforceable measures reflecting

reasonably available control technology (RACT) for large stationary

sources and RACM technology for other sources. The Act requires that

SIPs for areas classified as serious must include measures applying

best available control technology (BACT) to stationary sources and BACM

technology to other sources.

The statutory provisions relating to RACT, RACM, BACT, and BACM are

discussed in EPA's ``General Preamble,'' which gives the Agency's

preliminary views on how EPA intends to act on SIPs submitted under

Title I of the Act. See generally 57 FR 13498 (April 16, 1992), 57 FR

18070 (April 28, 1992), and 59 FR 41998 (August 16, 1994). In this

proposed rulemaking action, EPA is applying these policies to this

submittal, taking into consideration the specific factual issues

presented.

Both KCAPCD and SCAQMD contain areas designated under section 107

of the Act as nonattainment for PM-10. The SCAQMD has jurisdiction over

areas classified as serious for PM-10.4 KCAPCD has

jurisdiction over a portion of the Searles Valley, which is currently

classified as moderate for PM-10.

---------------------------------------------------------------------------

\4\ As indicated above, the SCAQMD has jurisdiction over the

South Coast Air Basin (SCAB) and Coachella Valley PM-10 serious

nonattainment areas. This Federal Register action for the SCAQMD

excludes the Los Angeles County portion of the Southeast Desert

AQMA, otherwise known as the Antelope Valley Region in Los Angeles

County, which is now under the jurisdiction of the Antelope Valley

Air Pollution Control District as of July 1, 1997.

---------------------------------------------------------------------------

South Coast Air Quality Management District

On June 14, 1978, EPA approved into the SIP a version of Rule 403,

Fugitive Dust, that had been adopted by the SCAQMD on May 7, 1976, and

submitted by CARB on August 2, 1976. On November 6, 1992, July 9, 1993,

and February 14, 1997, SCAQMD adopted amendments to Rule 403, which

include the following significant changes from the current SIP:

Persons conducting active operations within the SCAB must

employ BACM to minimize fugitive emissions.

Persons conducting active operations outside of the SCAB

must employ RACM.

More stringent BACM (for active operations inside the

SCAB) and RACM (for active operations outside the SCAB) are required

for high wind conditions.

Persons shall not cause or allow levels to exceed 50

micrograms per cubic meter (ug/m\3\) of PM-10, as opposed to 100 ug/

m\3\ of TSP in the applicable SIP rule, when determined as the

difference between upwind and downwind samples.

Persons shall prevent or remove within 1 hour track-out

onto public paved roads or implement specific alternative actions.

In the event that EPA finds that the area has not met PM-

10 milestones or has failed to attain or maintain the PM-10 NAAQS, the

rule's applicability threshold for disturbed areas is reduced from 100

acres to 50 acres, and the threshold for daily earth-moving or

throughput volume is reduced from 10,000 cubic yards to 5,000 cubic

yards during the most recent 365-day period.

Persons may submit alternative compliance plans for

approval by the SCAQMD Executive Officer and USEPA.

The rule exempts agricultural operations outside of the

SCAB and agricultural operations within the SCAB provided that the

combined disturbed surface area is less than 10 acres.

The rule exempts disturbed surface areas less than \1/2\

acre on property zoned for residential uses, and activities undertaken

during a state of emergency.

Certain additional sources are exempted from specific rule

provisions under specified conditions (e.g., during a state of

emergency) or because the sources are below impact thresholds.

All provisions of Rule 403 became effective upon the dates of rule

adoption, although compliance with certain provisions is not required

until September 1, 1998, or January 1, 1999.

EPA does not propose to approve into the SIP section (i) of Rule

403, which establishes fees which are enforced locally only, and which

are not integral to the rule requirements.

As requested by CARB and SCAQMD,5 EPA proposes to

approve the following sections of the ``Rule 403 Implementation

Handbook,'' which was included as part of the SIP revision and which is

incorporated by reference:

---------------------------------------------------------------------------

\5\ The docket to this rulemaking contains letter dated March

27, 1998, from Dean Saito, CARB, to Dave Jesson, USEPA, transmitting

a letter dated December 11, 1997, from Elaine Chang, Director of

Planning, SCAQMD, to Dave Jesson, USEPA.

---------------------------------------------------------------------------

(1) ``Soil Moisture Testing Methods''--ASTM Standard Test Method D

2216 for Laboratory Determination of Water (Moisture) Content of Soil,

Rock, and Soil-Aggregate Mixtures, and ASTM Standard Test Method 1557

for Laboratory Compaction Characteristics of Soil Using Modified Effort

(56,000 ft-lbf/ft3 (2,700 kN-m/m\3\));

(2) ``Storage Piles''--Surface-Area Calculations and ASTM Standard

Method C-136 for Sieve Analysis of Fine and Coarse Aggregates;

(3) ``Best Available Control Measures'';

(4) ``Reasonably Available Control Measures'';

(5) ``Guidance for Large Operations.''

CARB and SCAQMD did not request that EPA approve as part of the SIP

the remaining portion of the Rule 403 Implementation Handbook, which

includes copies of SCAQMD rules, lists of chemical dust suppressants,

sample recordkeeping, and guidance on preparation of high wind fugitive

dust control plans. These supplementary guidance materials do not

substantively affect control or compliance requirements in Rule 403.

Consequently, EPA is not proposing to approve these sections of the

Handbook.

The SCAQMD has indicated that any future revisions to the Handbook

that affect the control and compliance requirements of Rule 403 will be

submitted as a SIP revision (letters from CARB and SCAQMD referenced

above).

Although Rule 403 will strengthen the SIP, the rule contains a

deficiency, in allowing the SCAQMD Executive Officer and CARB the

discretion to approve equivalent test methods for determining soil

moisture content and soil compaction characteristics (Rule 403, Table

2, paragraphs (1a) and (1b)). This discretion could lead to the use of

[[Page 42789]]

test methods not approved by EPA, and could consequently result in

enforceability problems. Thus, the provision is not consistent with CAA

section 172(c)(6), which provides that SIP measures must be

enforceable. Because of this deficiency, EPA cannot grant full approval

of Rule 403 under section 110(k)(3) and part D. Also, because the rule

is not composed of separable parts that meet all the applicable CAA

requirements, EPA cannot grant partial approval of Rule 403 under

section 110(k)(3). However, EPA may grant a limited approval of Rule

403 under section 110(k)(3) in light of EPA's authority pursuant to

section 301(a) to adopt regulations necessary to further air quality by

strengthening the SIP.

At the same time, EPA is also proposing a limited disapproval of

Rule 403 because it contains the deficiency identified above. The

potential sanctions that might result from this disapproval are set

forth in section III.B. below. EPA expects, however, that future

revisions to Rule 403 will resolve this issue by requiring that

equivalent test methods receive EPA approval. When this deficiency is

corrected and submitted as a SIP revision, EPA intends to approve the

amended rule fully thus superseding the limited disapproval.

It should be noted that Rule 403 has been adopted by SCAQMD and is

currently in effect. EPA's final limited approval/limited dispproval

action will not prevent SCAQMD or EPA from enforcing the rule.

There is currently no version of SCAQMD Rule 403.1, Wind

Entrainment of Fugitive Dust, in the SIP. The submitted rule includes

many definitions and other regulatory elements similar or identical to

those in Rule 403, and Rule 403.1 is also accompanied by an

Implementation Handbook specifying standard methods and calculations,

and monitoring and reporting responsibilities. Rule 403.1 contains the

following specific provisions:

Persons involved in active operations in the Coachella

Valley Blowsand Zone shall stabilize man-made deposits within 24 hours

by application of water, chemical dust suppressants, and/or

installation of wind breaks.

Persons involved in agricultural tilling or soil mulching

shall cease such activities when winds exceed 25 mph.

All provisions of Rule 403.1 became effective upon March 1, 1993.

As requested by CARB and SCAQMD in the correspondence previously

cited (see footnote 5), EPA proposes to approve the following sections

of the ``Rule 403.1 Implementation Handbook,'' which was included as

part of the SIP revision and which is incorporated by reference:

(1) ``Wind Monitoring''--performance standards for wind monitoring

equipment; and

(2) ``Storage Piles''--Surface-Area Calculations and ASTM Standard

Method C-136 for Sieve Analysis of Fine and Coarse Aggregates.

CARB and SCAQMD did not request that EPA approve as part of the SIP

the remaining portion of the Rule 403.1 Implementation Handbook, which

includes copies of SCAQMD rules, notification procedures, lists of

chemical dust suppressants, sample recordkeeping, and Food Securities

Act fact sheets. These supplementary guidance materials do not

substantively affect control or compliance requirements in Rule 403.1.

Consequently, EPA is not proposing to approve these sections of the

Handbook.

The SCAQMD has indicated that any future revisions to the Handbook

that affect the control and compliance requirements of Rule 403.1 will

be submitted as a SIP revision (letters from CARB and SCAQMD referenced

above).

There is currently no version of SCAQMD Rule 1186, PM10

Emissions from Paved and Unpaved Roads, and Livestock Operations, in

the SIP. The submitted rule includes the following provisions

representing BACM requirements:

Owners/operators of paved public roads shall remove

visible roadway accumulations through street cleaning within 72 hours

following notification.

Agencies purchasing, leasing or contracting for street

sweeper equipment for routine street sweepers shall procure PM-10

efficient equipment after January 1, 1999.

Owners/operators of unpaved public roads having greater

than the average daily trips of all unpaved roads in its jurisdiction

beginning January 1, 1998 and each of the 8 calendar years thereafter

shall annually

--pave at least 1 mile; or

--apply chemical stabilization to 2 miles; or

--take one or more of the following actions on 3 miles:

Install signage at \1/4\ mile intervals prohibiting speeds

greater than 15 mph;

Install speed bumps every 500 feet; or

Maintain the roadway to inhibit speeds greater than 15

mph.

Owners/operators of livestock operations (50 or more

animals) shall cease hay grinding between 2 and 5 pm if visible

emissions extend more than 50 feet from the grinding source, and shall

treat all unpaved access areas with pavement, gravel, or asphalt no

later than January 1, 1998.

SCAQMD Rule 1186 also contains contingency requirements for new or

widened paved roads with projected average daily trips of 500 or more,

involving curbing, paving shoulders, and paving (or landscaping or

chemically stabilizing) medians. These requirements would be triggered

by an EPA finding that the area has not achieved PM-10 and PM-10

precursor emission reduction requirements at a milestone reporting

period, that the region failed to attain the PM-10 NAAQS by the CAA

deadline, or that the region fails to maintain the PM-10 NAAQS.

Rule 1186 has several exemption provisions and allows for

submission of alternative compliance plans for approval by the SCAQMD

Executive Officer and USEPA.

The February 16, 1995, SIP submittal for the Coachella Valley area

includes the following local fugitive dust ordinances: City of

Cathedral City Ordinance No. 377 (2/18/93), City of Coachella Ordinance

No. 715 (10/6/93), City of Desert Hot Springs Ordinance No. 93-2 (5/18/

93), City of Indian Wells Ordinance No. 313 (2/4/93), City of Indio

Ordinance No. 1138 (3/17/93), City of La Quinta Ordinance No. 219 (12/

15/92), City of Palm Desert Ordinance No. 701 (1/14/93), City of Palm

Springs Ordinance No. 1439 (4/21/93), City of Rancho Mirage Ordinance

No. 575 (8/5/93), and County of Riverside Ordinance No. 742 (1/4/94).

These ordinances are based on a model fugitive dust control

ordinance developed by the Coachella Valley Association of Governments,

local governments, and the SCAQMD. The ordinances typically require:

(1) dust control plans for each construction project needing a grading

permit; (2) plans to pave or chemically treat unpaved surfaces if daily

vehicle trips exceed 150; (3) imposition of 15 mph speed limits for

unpaved surfaces if daily vehicle trips do not exceed 150; (4) paving

or chemical treatment of unpaved parking lots; and (5) actions to

discourage use of unimproved property by off-highway vehicles.

The ordinances are exemplary approaches by local governments to

establish reasonable controls on dust emissions. Successful

implementation of the ordinances by the involved agencies and members

of the public has been instrumental in bringing the Coachella Valley

area into attainment of the PM-10 NAAQS.

[[Page 42790]]

San Diego County Air Pollution Control District

On December 5, 1984, EPA approved into the SIP a version of Rule

52, Particulate Matter, that had been adopted by the SDCAPCD on

September 21, 1983, and submitted by CARB on March 14, 1984. On January

22, 1997, the SDCAPCD adopted an amendment to Rule 52, which includes

the following significant changes from the current SIP:

All sources subject to Rule 54 must comply with the

uncorrected particulate concentration (grain loading) standard of 0.10

grain per dry standard cubic foot of gas;

Asphalt plants are exempted until July 1, 1998, provided

the plants are in compliance with Rule 54; and

Equipment not required to obtain an Authority to

Construct, Permit to Operate or Registration are exempted.

On July 6, 1982, EPA approved into the SIP a version of Rule 53,

Specific Contaminants, that had been adopted by the SDCAPCD on November

25, 1981, and submitted on March 1, 1982. On January 22, 1997, the

SDCAPCD adopted an amendment to Rule 53, which retitles the rule

Specific Air Contaminants, and includes the following significant

changes from the current SIP:

All sources subject to Rule 54 are exempted from the

particulate concentration (grain loading) standards of 0.10 grain per

dry standard cubic foot of gas standardized to 12 percent of carbon

dioxide, and 0.30 grain from incinerators with a rated capacity of 100

pounds per hour or less;

Equipment operating on liquid fuel with a maximum heat

input rating of 10 million Btu per hour or less are exempted;

Equipment operating on gaseous fuel with a maximum heat

input rating of 50 million Btu per hour or less are exempted; and

Equipment not required to obtain an Authority to

Construct, Permit to Operate or Registration are exempted.

On September 22, 1972, and August 31, 1978, EPA approved into the

SIP versions of Rule 54, Dust and Fumes, that had been adopted by the

SDCAPCD and submitted by CARB on June 30, 1972, and October 13, 1977.

On January 22, 1997, the SDCAPCD adopted an amendment to Rule 54, which

makes minor clarifications and includes the following significant

changes from the current SIP:

Process weight table emission limits less than 1.0 pounds

per hour are deleted;

Equipment not required to obtain an Authority to

Construct, Permit to Operate or Registration are exempted.

Operations comprised exclusively of a combustion process

where liquid fuels, gaseous fuels, and corresponding combustion air are

introduced are exempted.

Kern County Air Pollution Control District

On May 3, 1984, EPA approved into the SIP a version of Rule 405,

Particulate Matter that had been adopted by KCAPCD on July 18, 1983,

and submitted by CARB on August 30, 1983. On May 1, 1997, the KCAPCD

adopted an amendment to Rule 405, which makes minor clarifications to

this RACT rule and the following significant changes from the current

SIP:

Process weight table for the San Joaquin Valley air basin

is deleted, since this portion of Kern County is no longer under the

jurisdiction of KCAPCD;

An exemption applicable to a 1983 project is deleted.

B. EPA Action

EPA has evaluated the submitted rules and ordinances and has

determined that they are consistent with the CAA and EPA regulations,

except for the director's discretion provision's of SCAQMD Rule 403,

discussed above. The rules and ordinances clarify and strengthen the

existing SIP. Furthermore, the SCAQMD rules and Coachella ordinances

reflect applicable RACM and BACM requirements and the amended KCAPCD

rule reflects applicable RACT requirements. Therefore, SCAQMD new Rules

403.1 and 1186; Coachella Valley ordinances; SDCAPCD amendments to

Rules 52, 53, and 54; and KCAPCD amendments to Rule 405 are being

proposed for approval under section 110(k)(3) of the CAA as meeting the

requirements of section 110(a) and Part D.

As mentioned in section III.A., EPA proposes a limited approval of

SCAQMD Rule 403 under CAA sections 110(k)(3) and 301(a), and a limited

disapproval of Rule 403, because the rule contains enforceability

deficiencies inconsistent with CAA section 172(c)(6). Under CAA section

179(a)(2), if EPA disapproves a submission under section 110(k) for an

area designated as nonattainment, based on the submission's failure to

meet CAA requirements, EPA must apply one of the sanctions set forth in

section 179(b) unless the deficiency has been corrected within 18

months of such disapproval. Section 179(b) provides two sanctions

available to the Administrator: highway funding and offsets. The 18

month period referred to in section 179(a) will begin on the effective

date of EPA's final limited disapproval.

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.

IV. Administrative Requirements

A. Executive Order 12866

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

regulatory action from E.O. 12866 review.

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,

[[Page 42791]]

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 proposed 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. Executive Order 13045

This proposed 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.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Intergovernmental

relations, Particulate matter, Reporting and recordkeeping

requirements, Sulfur dioxide.

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

Dated: July 31, 1998.

Felicia Marcus,

Regional Administrator, Region IX.

[FR Doc. 98-21527 Filed 8-10-98; 8:45 am]

BILLING CODE 6560-50-P