Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Monterey Bay Unified Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA079-149; FRL-6363-2]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Monterey Bay Unified Air Pollution

Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing the approval of revisions to the California

State Implementation Plan (SIP) proposed in the Federal Register on

April 16, 1999. The revisions concern rules from the Monterey Bay

Unified Air Pollution Control District (MBUAPCD). This approval action

will incorporate these rules into the Federally approved SIP. The

intended effect of approving these rules is to regulate permitting of

stationary sources in accordance with the requirements of the Act, as

amended in 1990. 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 action is effective on August 2, 1999.

ADDRESSES: Copies of the rule(s) and EPA's evaluation report for each

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

during normal business hours. Copies of the submitted rule(s) are

available for inspection at the following locations:

(1) EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105.

(2) California Air Resources Board, 2020 L Street, Sacramento,

CA 95814.

(3) Monterey Bay Unified Air Pollution Control District, 24580

Silver Cloud Court, Monterey CA 93940.

FOR FURTHER INFORMATION CONTACT: Roger Kohn, Permits Office, [AIR-3],

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

Hawthorne Street, San Francisco, CA 94105-3901; Telephone: (415) 744-

1238; E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Applicability

The rules being approved into the California SIP include: MBUAPCD

Rules 200 (Permits Required), 204 (Cancellation of Applications), 207

(Review of New or Modified Sources), 213 (Continuous Emissions

Monitoring), 215 (Banking of Emissions Reductions), and 436 (Title V:

General Prohibitory Rule). These rules were submitted by the California

Air Resources Board to EPA on June 9, 1987 (Rule 200), February 10,

1986 (Rule 204), March 3, 1997 (Rule 207), March 29, 1994 (Rule 213),

June 3, 1997 (Rule 215), and August 10, 1995 (Rule 436).

II. Background

On April 16, 1999 in 64 FR 18858, EPA proposed to approve the above

rules into the California SIP. A detailed discussion of the background

for each of the above rules is provided in the proposed rule cited

above.

EPA has evaluated the above rules for consistency with the

requirements of the CAA and EPA regulations and EPA interpretation of

these requirements as expressed in the various EPA policy guidance

documents referenced in the proposed rule cited above. EPA has found

that the rules meet the applicable EPA requirements. A detailed

discussion of the rule provisions and evaluations has been provided in

the proposed rule and in the technical support document (TSD), dated

April 1, 1999, which is available at EPA's Region IX office.

III. Response to Public Comments

A 30-day public comment period was provided in 64 FR 18858. No

comments were submitted to EPA during the comment period, which ended

on May 17, 1999.

IV. EPA Action

EPA is finalizing this action to approve the above rules for

inclusion into the California SIP. EPA is approving the submittal under

section 110(k)(3) as meeting the requirements of section 110(a) and

parts C and D of the CAA. This approval action will incorporate these

rules into the Federally approved SIP. The intended effect of approving

these rules is to regulate stationary sources in accordance with the

requirements of the CAA.

[[Page 35578]]

V. 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 [proposed/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 [On

signature page-add header and suppress page #] for judicial review of

this action must be filed in the United States Court of Appeals for the

appropriate circuit by August 30, 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, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Nitrogen

dioxide, Ozone, 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: June 9, 1999.

Nora L. McGee,

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)(168)(i)(F)(2), (c)(173)(i)(C)(2), (c)(196)(i)(E), (c)(224)(i)(D),

(c)(224)(i)(A)(3) and (c)(258)(i)(A)(2) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(168) * * *

(i) * * *

(F) * * *

(2) Rule 204, amended on July 17, 1985.

* * * * *

(173) * * *

(i) * * *

(C) * * *

(2) Rule 200, amended on December 17, 1986.

* * * * *

(196) * * *

(i) * * *

(E) Monterey Bay Unified Air Pollution Control District.

(1) Rule 213, amended on February 16, 1994.

* * * * *

(224) * * *

(i) * * *

(D) Monterey Bay Unified Air Pollution Control District.

(1) Rule 436, adopted on May 17, 1995.

* * * * *

(244) * * *

(i) * * *

(A) * * *

(3) Rule 207, amended on December 18, 1996.

* * * * *

(258) * * *

(i) * * *

(A) * * *

(2) Rule 215, amended on March 26, 1997.

* * * * *

[FR Doc. 99-15546 Filed 6-30-99; 8:45 am]

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