Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision; Kern County Air Pollution Control District, Modoc County Air Pollution Control District, Mojave Desert Air Quality Management District, Northern Sonoma County Air Pollution Control District, San Joaquin Valley Unified Air Pollution Control District, Santa Barbara County Air Pollution Control District and Siskiyou County Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 009-0130a; FRL-6331-8]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision; Kern County Air Pollution Control

District, Modoc County Air Pollution Control District, Mojave Desert

Air Quality Management District, Northern Sonoma County Air Pollution

Control District, San Joaquin Valley Unified Air Pollution Control

District, Santa Barbara County Air Pollution Control District and

Siskiyou County Air Pollution Control 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). The revisions concern rules

from the following seven districts: Kern County Air Pollution Control

District, Modoc County Air Pollution Control District, Mojave Desert

Air Quality Management District, Northern Sonoma County Air Pollution

Control District, San Joaquin Valley Unified Air

[[Page 29791]]

Pollution Control District, Santa Barbara County Air Pollution Control

District, and Siskiyou County Air Pollution Control District. These

revisions concern the adoption of various administrative and other

rules. This approval action will incorporate these rules into the

Federally approved SIP. The intended effect of approving these rules is

to update and clarify the SIP in accordance with the requirements of

the Clean Air Act (CAA or the Act). 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 is effective on August 2, 1999 without further notice,

unless EPA receives adverse comments by July 6, 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 must be submitted to Andrew Steckel at the

Region IX office listed below. Copies of the rule revisions 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.

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

302, Bakersfield, CA 93301-2370.

Modoc County Air Pollution Control District, 202 West Fourth Street,

Alturas, CA 96101-3915.

Mojave Desert Air Quality Management District, 15428 Civic Drive, Suite

200, Victorville, CA 92392-2383.

Northern Sonoma County Air Pollution Control District, 150 Matheson

Street, Healdsburg, CA 95448-4908.

San Joaquin Valley Unified Air Pollution Control District, 1999

Tuolumne Street, Suite 200, Fresno, California, 93721, and

Santa Barbara County Air Pollution Control District, 26 Castilian

Drive, Suite B23, Goleta, CA 93117.

Siskiyou County Air Pollution Control District, 525 South Foothill

Drive, Yreka, California, 96097-3036.

FOR FURTHER INFORMATION CONTACT: Andrew Steckel, Rulemaking Office

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

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

744-1185.

SUPPLEMENTARY INFORMATION:

I. Applicability

The following is a list of the rules being approved into the

California SIP by District.

Kern County APCD--Rule 101, Title; Rule 112, Circumvention; Rule

113, Separation and Combination; Rule 114, Severability; and Rule 115,

Applicability of Emission Limits. These rules were adopted on May 2,

1996, submitted to EPA as a SIP revision on July 23, 1996, and found

complete on October 30, 1996.1

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\1\ The submitted rules were found to be complete pursuant to

EPA's completeness criteria that are set forth in 40 CFR part 51

Appendix V. 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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Modoc County APCD--Rule 4.1-2, Uncombined Water; Rule 4.6,

Circumvention; Rule 4.6-1, Exception to Circumvention; and Rule 4.9,

Separation of Emissions. These rules were adopted on January 3, 1989,

submitted to EPA as a SIP revision on December 31, 1990, and found

complete on July 7, 1990.

Mojave Desert AQMD--Rule 103, Description of the District

Boundaries was adopted on June 28, 1995, submitted to EPA as a SIP

revision on August 10, 1995, and found complete on October 4, 1995.

Northern Sonoma County APCD--Unnumbered rule, known as Appendix A;

Unnumbered rule, known as Appendix B; Unnumbered rule, formerly

Appendix C, now known as Appendix A; and Unnumbered rule, formerly

Appendix D, now known as Appendix B. These appendices were adopted on

February 22, 1984 and submitted to EPA as a SIP revision on October 16,

1985.

San Joaquin Valley Unified APCD--Rule 1010, Title and Rule 1130,

Severability were adopted on June 18, 1992, submitted to EPA as a SIP

revision on September 28, 1994, and found complete on March 30, 1995.

Santa Barbara County APCD--Rule 105, Applicability adopted on July

30, 1991, submitted to EPA as a SIP revision on October 25, 1991, and

found complete on December 18, 1991.

Siskiyou County APCD--Rule 4.10, Reduction of Animal Matter,

adopted on January 24, 1989, submitted to EPA as a revision to the SIP

on March 26, 1990, and found complete on February 28, 1991.

II. Background

The Clean Air Act of 1970 (CAA or the Act) requires the states to

develop state implementation plans to enable local districts to attain

and maintain national ambient air quality standards. Most of the rules

listed above do not directly affect emission reductions. They were

adopted, however, to help clarify the procedures and requirements of

local air pollution control programs.

III. EPA Evaluation and Action

In determining the approvability of each local 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. The EPA interpretation of these requirements, which forms

the basis for this action, appears in various EPA policy guidance

documents; see, in particular, ``Issues Relating to VOC Regulation

Cutpoints, Deficiencies, and Deviations, Clarification to Appendix D of

November 24, 1987 Federal Register document'' (Blue Book).

These rules involve the names and boundaries of the local

districts, prohibitions against circumvention of the rules, and

directions on severing sections of the rules that might be unlawful. A

more detailed description of the rules, the SIP modifications, and the

basis for EPA's approval can be found in the evaluation report for this

action.

EPA is publishing these rules without prior proposal because the

Agency views these as noncontroversial amendments 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

adverse comments be filed. This rule will be effective August 2, 1999

without further notice unless the Agency receives adverse comments by

July 6, 1999.

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

withdrawal in the Federal Register, 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

[[Page 29792]]

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

August 2, 1999 and no further action will be taken on the proposed

rule.

IV. Administrative Requirements

A. Executive Orders 12866

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

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

``Regulatory Planning and Review.''

B. Executive Order 12875

Under E.O. 12875, 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. 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 concerns, copies of written communications from the

governments, and a statement supporting the need to issue the

regulation. In addition, E.O. 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 and 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 does not involve

decisions intended to mitigate environmental health and safety risks.

D. Executive Order 13084

Under E.O. 13084, EPA may not issue a regulation that is not

required by statute, that significantly affects 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. If the 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, 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 August 2, 1999. Filing a

petition for reconsideration by

[[Page 29793]]

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, Ozone,

Particulate matter, Reporting and recordkeeping requirements, Volatile

organic compounds.

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: March 22, 1999.

Alexis Strauss,

Acting 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)(164)(i)(B)(2), (179)(i)(E)(2), (182)(i)(F), (186)(i)(E),

(199)(i)(D)(4), (224)(i)(C)(2), (239)(i)(C), and (239)(i)(D)

introductory text to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(164) * * *

(i) * * *

(B) * * *

(2) Appendices A and B adopted on February 22, 1984.

* * * * *

(179) * * *

(i) * * *

(E) * * *

(2) Rule 4.10 adopted on January 24, 1989.

* * * * *

(182) * * *

(i) * * *

(F) Modoc County Air Pollution Control District.

(1) Rules 4.1-2, 4.6, 4.6-1, and 4.9 adopted on January 3, 1989.

* * * * *

(186) * * *

(i) * * *

(E) Santa Barbara County Air Pollution Control District.

(1) Rule 105 adopted on July 30, 1991.

* * * * *

(199) * * *

(i) * * *

(D) * * *

(4) Rule 1010 adopted on June 18, 1992 and Rule 1130 adopted on

June 18, 1992 and amended on December 17, 1992.

* * * * *

(224) * * *

(i) * * *

(C) * * *

(2) Rule 103 amended on June 28, 1995.

* * * * *

(239) * * *

(i) * * *

(C) Kern County Air Pollution Control District.

(1) Rules 101, 112, 113, 114, and 115 amended on May 2, 1996.

(D) Ventura County Air Pollution Control District.

* * * * *

[FR Doc. 99-13657 Filed 6-2-99; 8:45 am]

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