Approval and Promulgation of Implementation Plan for South Coast Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA012-0144a, FRL-6335-3]

Approval and Promulgation of Implementation Plan for South Coast

Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

a number of South Coast Air Quality Management District (District)

rules contained in the District Regulation II. The District submitted

these rules for the purpose of meeting the requirements of the Clean

Air Act (CAA), as amended in 1990 with regard to new source review

(NSR) in areas that have not attained the national ambient air quality

standards (NAAQS). This approval action will incorporate these rules

into the federally approved State Implementation Plan (SIP) for

California. The rules were submitted during 1991 and 1994 by the State

to satisfy certain Federal requirements for an approvable NSR SIP.

Thus, EPA is finalizing the approval of these rules into the California

SIP under provisions of the CAA regarding EPA action on SIPs for

national primary and secondary ambient air quality standards and plan

requirements for nonattainment areas.

DATES: This rule is effective on July 12, 1999 without further notice,

unless EPA receives adverse comments by June 14, 1999. If EPA receives

such comment, it will publish a timely withdrawal in the Federal

Register informing the public that this rule will not take effect.

ADDRESSES: Written comments should be addressed to: Nahid Zoueshtiagh

(Air-3), Air Division, U.S. Environmental Protection Agency, Region 9,

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

Copies of the rules and EPA's evaluation report of each rule are

available for public inspection at EPA's Region 9 office during normal

business hours at the following address:

Permits Office (Air-3), Air Division, U.S. Environmental Protection

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

of the submitted rules are also available for inspection at the

following locations:

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 95814.

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

Diamond Bar, CA 91765-4182.

FOR FURTHER INFORMATION CONTACT: Nahid Zoueshtiagh, (Air-3), Air

Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105-3901, Telephone: (415) 744-1261.

SUPPLEMENTARY INFORMATION: The air quality planning requirements for

nonattainment NSR are set out in part

[[Page 25829]]

D of title I of the CAA. EPA has issued a ``General Preamble''

describing EPA's preliminary views on how EPA intends to review SIPs

and SIP revisions submitted under part D, including those State

submittals containing nonattainment NSR SIP requirements [see 57 FR

13498 (April 16, 1992) and 57 FR 18070 (April 28, 1992)]. Because EPA

is describing its interpretations here only in broad terms, the reader

should refer to the General Preamble for a more detailed discussion.

EPA has also proposed regulations to implement the changes under the

1990 Amendments in the NSR provisions in parts C and D of Title I of

the Act. [See 61 FR 38249 (July 23, 1996)]. Upon final promulgation of

those regulations, EPA will review those NSR SIP submittals on which it

has already taken final action to determine whether additional SIP

revisions are necessary.

Procedural Background

The CAA requires States to observe certain procedural requirements

in developing implementation plans and plan revisions for submission to

EPA. Section 110(a)(2) and section 110(l) of the Act provide that each

implementation plan or revision to an implementation plan submitted by

a State must be adopted after reasonable notice and public hearing.

Section 172(c)(7) of the Act provides that plan provisions for

nonattainment areas shall meet the applicable provisions of Section

110(a)(2).

The District held public hearings on its actions on these rules.

The dates for public hearing, adoption or rescission and submission to

EPA are as follows:

Rules 201, 203, 205, 209, 214, 215, 216 and 217 (revised): Public

hearing on December 1, 1989; adoption on January 5, 1990; and

submission to EPA on May 13, 1991.

Rule 201.1 (new): Public hearing December 1, 1989; adoption on

January 5, 1990; and submission to EPA on May 13, 1991.

Rules 204, 206 and 210 (revised): Public hearing and adoption on

October 8, 1993; and submission to EPA on February 28, 1994.

Rules 203.1, 203.2, 204.1, 213, 213.1, and 213.2 (rescinded):

Public hearing and rescission on June 28, 1990; and submission to EPA

on April 5, 1991.

Rule 211 (rescinded): Public hearing on December 1, 1989;

rescission on January 5, 1990; and submission to EPA on May 13, 1991.

Three of the rescinded rules ( Rules 203.1, 203.2, 204.1) were not

a part of the federally-approved SIP. Therefore EPA is not taking any

action on them.

Summary of Rule Contents

The District submitted the above rules to EPA for adoption into the

applicable NSR SIP Rules.

The rules subject to this action are in District Regulation II and

apply to all sources requiring Permits to Construct or Permits to

Operate. The rules describe applicability and procedures for applying

for a Permit to Construct or a Permit to Operate, and provide

procedures and timetables for issuance, denial and appeal of permits.

These rules are separate from the federal operating permit program

under Regulation XXX of the District. The revisions made to the rules

subject to this action are mainly to provide: (1) An administrative

change to reflect District's current organizational authority such as

replacing the term Air Pollution Control Officer (APCO) with the term

Executive Officer (EO) in Rules 201 and 217; (2) editorial

clarifications in Rules 203 and 209; (3) amendment and improvement of

the rule language in Rules 204, 206 and 210 to refer to the Title V

(federal operating permit program); (4) additional rule (Rule 201.1) to

enforce permit conditions contained in federally issued permits; and

(5) detailed procedures and timetables for permit issuance, denial and

appeals procedures in Rules 214, 215, and 216. For a description of how

these rules meet the CAA's applicable requirements, please refer to

EPA's technical support document (TSD) contained in the Docket.

EPA Evaluation and Action

EPA has evaluated amended Rules 201, 203, 204, 205, 206, 209, 210,

214, 215, 216, 217, and new Rule 201.1. EPA has determined that the

rules are consistent with the CAA, EPA regulations and EPA policy.

Therefore, District Rules 201, 201.1, 203, 204, 205, 206, 209, 210,

214, 215, 216 and 217 are approved into SIP.

Although initially part of the submittal, the District has

rescinded Rules 203.1, 203.2, 204.1, 211, 213, 213.1, and 213.2. The

EPA is not taking any action on Rules 203.1, 203.2 and 204.1 which were

not a part of the SIP. However, the EPA is approving deletion of Rules

211, 213, 213.1 and 213.2 from the SIP. The District has incorporated

the requirements of Rule 211 in its Rule 210. EPA has also determined

that the requirements of Rules 213, 213.1 and 213.2 are now in Rule 212

and Regulation XIII which the EPA approved them into the SIP in

December 1996. These rules which contain the requirements of the

rescinded rules were also subject to the District's public review

process.

The EPA is taking this action under section 110(k)(3) of the CAA

for these rules which meet the requirements of Section 110(a), and part

D of Title I of the Act.

Administrative Review

The EPA is publishing this action without prior proposal in part

because the District has provided public workshops in the development

of the submitted rules, and provided the opportunity for public comment

prior to adoption of the submitted rules. At that time, no significant

comments were received by the District. The Agency therefore views this

as a non-controversial amendment and anticipates no adverse comments.

However, in a separate document in this Federal Register publication,

EPA is proposing to approve the SIP revision should adverse or critical

comments be filed. This rule is effective on July 12, 1999 without

further notice, unless EPA receives adverse comments by June 14, 1999.

If EPA receives such comment, it will publish a timely withdrawal

Federal Register informing the public that this rule will not take

effect. All public comments received will then be addressed in a

subsequent final rule based on this action serving as a proposed rule.

EPA will not institute a second comment period on this action. Any

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

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

action will be effective July 12, 1999.

Administrative Requirements

A. Executive Order 12866

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

regulatory action from Executive Order (E.O.) 12866, Regulatory

Planning and Review.

B. Executive Order 12875

Under Executive Order 12875, Enhancing the Intergovernmental

Partnership, EPA may not issue a regulation that is not required by

statute and that creates a mandate upon a State, local or tribal

government, unless the Federal government provides the funds necessary

to pay the direct compliance costs incurred by those governments, or

EPA consults with those governments. If EPA complies by consulting,

Executive Order 12875 requires EPA to provide to the Office of

Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected State, local and tribal

governments, the nature of their

[[Page 25830]]

concerns, copies of any written communications from the governments,

and a statement supporting the need to issue the regulation. In

addition, Executive Order 12875 requires EPA to develop an effective

process permitting elected officials and other representatives of

State, local and tribal governments ``to provide meaningful and timely

input in the development of regulatory proposals containing significant

unfunded mandates.'' Today's rule does not create a mandate on State,

local or tribal governments.

The rule does not impose any enforceable duties on these entities.

Accordingly, the requirements of section 1(a) of E.O. 12875 do not

apply to this rule.

C. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is

determined to be ``economically significant'' as defined under E.O.

12866, and (2) concerns an environmental health or safety risk that EPA

has reason to believe may have a disproportionate effect on children.

If the regulatory action meets both criteria, the Agency must evaluate

the environmental health or safety effects of the planned rule on

children, and explain why the planned regulation is preferable to other

potentially effective and reasonably feasible alternatives considered

by the Agency. This rule is not subject to E.O. 13045 because it is

does not involve decisions intended to mitigate environmental health or

safety risks.

D. Executive Order 13084

Under Executive Order 13084, Consultation and Coordination with

Indian Tribal Governments, EPA may not issue a regulation that is not

required by statute, that significantly or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments, or EPA consults with those

governments. If EPA complies by consulting, Executive Order 13084

requires EPA to provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, Executive Order 13084 requires EPA to develop

an effective process permitting elected officials and other

representatives of Indian tribal governments ``to provide meaningful

and timely input in the development of regulatory policies on matters

that significantly or uniquely affect their communities.'' Today's rule

does not significantly or uniquely affect the communities of Indian

tribal governments. Accordingly, the requirements of section 3(b) of

E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because 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

create any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

Moreover, due to the nature of the Federal-State relationship under the

Clean Air Act, preparation of 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).

F. 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

annual 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 annual 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

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

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

G. Submission to Congress and the Comptroller General

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).

H. 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 July 12, 1999. 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, Carbon monoxide,

Incorporation by reference, Intergovernmental relations, Lead, Nitrogen

dioxide, Ozone, Particulate matter, Reporting and recordkeeping

requirements, Sulfur oxides, Volatile organic compound.

Note: Incorporation by reference of the State Implementation

Plan for the State of

[[Page 25831]]

California was approved by the Director of the Federal Register on

July 1, 1982.

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 paragraphs (c)(31)(vi)(D),

(c)(36)(i)(B), (c)(184)(i)(B)(7), and (c)(217)(i)(C) to read as

follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(31) * * *

(vi) * * *

(D) Previously approved on November 9, 1978 and now deleted without

replacement Rule 211.

* * * * *

(36) * * *

(i) * * *

(B) Previously approved on November 9, 1978 and now deleted without

replacement Rule 213, 213.1, and 213.2.

* * * * *

(184)* * *

(i) * * *

(B) * * *

(7) Rules 201, 203, 205, 209, 214 to 217 amended on January 5, 1990

and Rule 201.1 adopted on January 5, 1990. .

* * * * *

(217) * * *

(i)* * *

(C) South Coast Air Quality Management District.

(1) Rules 204, 206, and 210 amended on October 8, 1993.

* * * * *

[FR Doc. 99-11999 Filed 5-12-99; 8:45 am]

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