Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, South Coast Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 212-0092a; FRL-6142-5]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, South Coast Air Quality Management

District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

California State Implementation Plan. The revisions concern rules from

the South Coast Air Quality Management District (SCAQMD). This approval

action will incorporate these rules into the federally approved SIP.

The intended effect of approving these rules is to regulate emissions

of particulate matter (PM) in accordance with the requirements of the

Clean Air Act, as amended in 1990 (CAA or the Act). The rules control

PM emissions from stationary sources, including process industries and

cement plants. Thus, EPA is finalizing the approval of these rules into

the California SIP under provisions of the CAA regarding EPA action on

SIP submittals, SIPs for national primary and secondary ambient air

quality

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standards, and plan requirements for nonattainment areas.

DATES: This rule is effective on November 2, 1998 without further

notice, unless EPA receives adverse comments by October 2, 1998. If EPA

receives such comments, then it will publish a timely withdrawal in the

Federal Register informing the public that this rule will not take

effect.

ADDRESSES: Comments must be submitted to Andrew Steckel at the Region

IX office listed below. Copies of the rules and EPA's evaluation report

for the rules are available for public inspection at EPA's Region IX

office during normal business hours. Copies of the submitted rules are

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,

SW., Washington, DC 20460

California Air Resources Board, Stationary Source Division, Rule

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

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

Diamond Bar, CA 91765

FOR FURTHER INFORMATION CONTACT: Patricia Bowlin, Rulemaking Office

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

75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-

1188.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rules being approved into the California SIP include: SCAQMD

Rule 404, Particulate Matter--Concentration; Rule 405, Solid

Particulate Matter--Weight; and Rule 1112.1, Emissions of Particulate

Matter from Cement Kilns. These rules were submitted by the California

Air Resources Board to EPA on June 4, 1986.

II. Background

On March 3, 1978, EPA promulgated a list of total suspended

particulate (TSP) nonattainment areas under the provisions of the 1977

Clean Air Act (1977 CAA or pre-amended Act), that included the South

Coast Air Basin (43 FR 8964; 40 CFR 81.305). On July 1, 1987 (52 FR

24672) EPA replaced the TSP standards with new PM standards applying

only to PM up to 10 microns in diameter (PM-10).1 On

November 15, 1990, amendments to the 1977 CAA were enacted. Pub. L.

101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q. On the date

of enactment of the 1990 CAA Amendments, PM-10 areas meeting the

qualifications of section 107(d)(4)(B) of the Act were designated

nonattainment by operation of law and classified as moderate pursuant

to section 188(a). The South Coast Air Basin and the Coachella Valley

Planning Area (which is also under SCAQMD's jurisdiction) were among

the areas designated nonattainment. On February 8, 1993, EPA re-

classified five moderate non-attainment areas to serious nonattainment,

including the South Coast Air Basin and the Coachella Valley Planning

Area. See 58 FR 3334 (January 1, 1993). 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, 1997.2

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\1\ On July 18, 1997 EPA promulgated revised and new standards

for PM-10 and PM-2.5 (62 FR 38651). EPA has not yet established

specific plan and control requirements for the revised and new

standards. This action is part of SCAQMD's efforts to achieve

compliance with the 1987 PM-10 standards.

\2\ The State has recently changed the names and boundaries of

the air basins located within the Southeast Desert Modified AQMA.

Pursuant to State regulation the Coachella-San Jacinto Planning Area

is now part of the Salton Sea Air Basin (17 Cal. Code. Reg.

Sec. 60114); the Victor Valley/Barstow Region in San Bernardino

County and the Antelope Valley Region in Los Angeles County are a

part of the Mojave Desert Air Basin (17 Cal. Code. Reg. Sec. 60109).

In addition, in 1996 the California Legislature established a new

local air agency, the Antelope Valley Air Pollution Control

District, to have the responsibility for local air pollution

planning and measures in the Antelope Valley Region (California

Health & Safety Code Sec. 40106).

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Section 189(a) of the CAA requires moderate PM-10 nonattainment

areas to adopt reasonably available control measures (RACM), including

reasonably available control technology (RACT) for stationary sources

of PM-10. Section 189(b) of the CAA requires serious nonattainment

areas to adopt best available control measures (BACM), including best

available control technology (BACT).

In response to section 110(a) and part D of the Act, the State of

California submitted many PM-10 rules for incorporation into the

California SIP on June 4, 1986, including the rules being acted on in

this document. This document addresses EPA's direct-final action for

SCAQMD Rule 404, Particulate Matter--Concentration; Rule 405, Solid

Particulate Matter--Weight; and Rule 1112.1, Emissions of Particulate

Matter from Cement Kilns. SCAQMD adopted these rules on February 7,

1986. These submitted rules are being finalized for approval into the

SIP.

SCAQMD Rule 404 and Rule 405 are general PM rules that limit the

concentration and rate of PM emissions from stationary sources. SCAQMD

Rule 1112.1 limits PM emissions from cement plants. PM emissions can

harm human health and the environment. These rules were originally

adopted as part of SCAQMD's effort to achieve the National Ambient Air

Quality Standard (NAAQS) for TSP. The following is EPA's evaluation and

final action for these rules.

III. EPA Evaluation and Action

In determining the approvability of a PM-10 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). EPA must also ensure that rules are enforceable

and strengthen or maintain the SIP's control strategy.

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

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

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

Title I of the CAA. See 57 FR 13498 (April 16, 1992), 57 FR 18070

(April 28, 1992), and 59 FR 41998 (8/16/94). In this rulemaking action,

EPA is applying these policies, taking into consideration the specific

factual issues presented.

On September 28, 1981 EPA approved into the SIP versions of SCAQMD

Rule 404, Particulate Matter--Concentration, and Rule 405, Solid

Particulate Matter--Weight, that had been adopted on October 5, 1979.

The submitted versions of Rule 404 and Rule 405 contain the same

requirements as the current SIP rules but have been revised to exempt

sources subject to SCAQMD Rule 1112.1, Emissions of Particulate Matter

from Cement Kilns.

There is currently no version of SCAQMD Rule 1112.1, Emissions of

Particulate Matter from Cement Kilns, in the SIP. The submitted rule

applies to gray cement plants and includes the following provisions:

Emission limit of 0.40 pounds per ton of kiln feed for

plants with kiln feed rates of less than 75 tons per hour (tph)

Emission limit of 30 pounds per hour for plants with kiln

feed rates of 75 tph or greater.

EPA has evaluated the submitted rules and has determined that they

fulfill the RACT requirements of CAA

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section 189(a). In subsequent action on the SCAQMD PM-10 BACM Plan, EPA

will determine if the submitted rules also fulfill the BACT

requirements of CAA section 189(b).

SCAQMD Rule 404, Particulate Matter--Concentration; SCAQMD Rule

405, Solid Particulate Matter--Weight; and SCAQMD Rule 1112.1,

Emissions of Particulate Matter from Cement Kilns, are consistent with

the CAA, EPA regulations, and EPA PM-10 RACT policy. Therefore, the

rules are being approved under section 110(k)(3) of the CAA as meeting

the requirements of sections 110(a) and part D. A more detailed

evaluation can be found in EPA's evaluation report for these rules.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future 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 revision 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

November 2, 1998 without further notice unless the Agency receives

relevant adverse comments by October 2, 1998.

If the EPA receives such comments, then EPA will publish a timely

withdrawal of the direct final rule 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 on this rule. Any

parties interested in commenting on this rule should do so at this

time. If no such comments are received, the public is advised that this

rule will be effective on November 2, 1998 and no further action will

be taken on the proposed rule.

IV. Administrative Requirements

A. Executive Orders 12866 and 13045

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 this approval action 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. Sec. 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 November 2, 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, Incorporation by

reference, Intergovernmental relations, Reporting and recordkeeping

requirements, Particulate matter.

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 31, 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.

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Subpart F--California

2. Section 52.220 is amended by adding paragraph (c)(169) to read

as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(169) New and amended regulations submitted on June 4, 1986 by the

Governor's designee.

(i) Incorporation by reference.

(A) South Coast Air Quality Management District.

(1) Rules 404 and 405 adopted on May 7, 1976 and amended on

February 7, 1986. Rule 1112.1 adopted on February 7, 1986.

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[FR Doc. 98-23328 Filed 9-1-98; 8:45 am]

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