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 038-0193a; FRL-6510-7]

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 (SIP). The revisions concern rule

rescissions from the South Coast Air Quality Management District

(SCAQMD). This approval action will rescind these rules from the

federally approved SIP. The intended effect of approving these rule

rescissions is to update and clarify the State Implementation Plan in

accordance with the requirements of the Clean Air Act, as amended in

1990 (CAA or the Act). The rule rescissions consist of obsolete rules

that have been superseded or removed from the SCAQMD's regulations. EPA

is finalizing the approval of these rule rescissions from 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 February 22, 2000 without further

notice, unless EPA receives adverse comments by January 21, 2000. If

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

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

ADDRESSES: Written comments must be submitted to Andrew Steckel, Chief,

Rulemaking Office at the Region IX office listed below. Copies of the

rule rescissions 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 rescissions 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 91765-4182

FOR FURTHER INFORMATION CONTACT: Julie A. Rose, Rulemaking Office, AIR-

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

Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1184.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rules being rescinded from the California SIP are listed below.

The rescissions were submitted by the California Air Resources Board to

EPA on the dates listed under each grouping.

South Coast Air Quality Management District (AQMD)

Rule 107, Determination of Volatile Organic Compounds in Organic

Materials, Rescission Adopted: 3-9-92, Submitted to EPA: 9-14-92

Rule 1231, Judicial Review, Rescission Adopted: 2-2-79, Submitted to

EPA: 7-25-79

Rule 1311, Power Plants, Rescission Adopted: 6-28-90 Submitted to EPA:

1-28-92

Los Angeles County Air Pollution Control District (APCD)

Rule 51, Nuisance, Rescission Adopted: 5-7-76, Submitted to EPA: 8-2-76

Orange County APCD

Rule 51, Nuisance,

Rule 67.1, Fuel Burning Equipment,

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Rule 68, Fuel Burning Equipment--Oxides of Nitrogen.

Rescissions Adopted: 5-7-76

Submitted to EPA: 8-2-76

Riverside County APCD

Rule 51, Nuisance

Rescission Adopted: 5-7-76

Submitted to EPA: 8-2-76

II. Background

On March 3, 1978, EPA promulgated a list of ozone and total

suspended particulate (TSP) nonattainment areas under the provisions of

the Clean Air Act, as amended in 1977 (1977 Act or pre-amended Act),

that included the South Coast Air Basin. 43 FR 8964, 40 CFR 81.305.

On July 1, 1987 at 52 FR 24672, EPA replaced the TSP standards with

new Particulate Matter (PM) standards applying only to PM up to 10

microns in diameter (PM-10).1

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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.

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On May 26, 1988, EPA notified the Governor of California, pursuant

to section 110(a)(2)(H) of the 1977 Act, that the South Coast Air Basin

portion of the California SIP was inadequate to attain and maintain the

ozone standard and requested that deficiencies in the existing SIP be

corrected (EPA's SIP-Call). On November 15, 1990, the Clean Air Act

Amendments of 1990 were enacted. Public Law 101-549, 104 Stat. 2399,

codified at 42 U.S.C. 7401-7671q. South Coast Air Basin is classified

as extreme non-attainment for ozone.

On November 15, 1990, PM-10 areas meeting the qualifications of

section 107(d)(4)(B) of the Act were designated non-attainment by

operation of law and classified as moderate pursuant to section 188(a).

The South Coast Air Basin was among the areas designated non-

attainment. On February 8, 1993, EPA re-classified the South Coast Air

Basin from moderate non-attainment to serious non-attainment for PM-10.

(See 58 FR 3334--January 1, 1993).

This Federal Register action for 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.

The State of California submitted the rule rescissions listed above

to update the federally enforceable SIP for the SCAQMD. In addition,

some of these rescissions are necessary to remove obsolete rules from

the original districts that made up the South Coast Air Basin: Los

Angeles County Air Pollution Control District (APCD), Orange County

APCD, and Riverside County APCD.2 The rescissions were

adopted and submitted on the dates listed above.

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\2\ On July 16, 1975, the Los Angeles County APCD, Orange County

APCD, Riverside County APCD, and San Bernardino County APCD were

unified into the Southern California APCD. On February 1, 1977, the

Southern California APCD became the South Coast Air Quality

Management District.

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These rules were originally adopted as part of individual

districts' efforts to achieve the National Ambient Air Quality Standard

(NAAQS) for ozone and particulate matter. The following is EPA's

evaluation and final action for this rule.

III. EPA Evaluation and Action

In determining whether to approve removing each rescinded rule from

the SIP, EPA must evaluate the recissions 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). The EPA

interpretation of these requirements, which forms the basis for this

action, appears in various EPA policy guidance documents. In general

the rules which SCAQMD has rescinded are not appropriate for the SIP

because they do not control criteria pollutants or have been superseded

by other SIP-approved rules.

EPA has evaluated the rule recissions and has determined that

recission is consistent with the CAA, EPA regulations, and EPA policy.

Therefore, all of the rule recissions listed in section I,

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

meeting the requirements of section 110(a) and part D.

EPA is publishing this rule without prior proposal because the

Agency views this as a noncontroversial amendment 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 February 22,

2000 without further notice unless the Agency receives adverse comments

by January 21, 2000.

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. 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 is

effective on February 22, 2000 and no further action will be taken on

the proposed rule.

IV. Administrative Requirements

A. Executive Order 12866

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

regulatory action from Executive Order 12866, entitled ``Regulatory

Planning and Review.''

B. Executive Order 13132

Federalism (64 FR 43255, August 10, 1999) revokes and replaces

Executive Orders 12612, Federalism and 12875, Enhancing the

Intergovernmental Partnership. Executive Order 13132 requires EPA to

develop an accountable process to ensure ``meaningful and timely input

by State and local officials in the development of regulatory policies

that have federalism implications.'' ``Policies that have federalism

implications'' is defined in the Executive Order to include regulations

that have ``substantial direct effects on the States, on the

relationship between the national government and the States, or on the

distribution of power and responsibilities among the various levels of

government.'' Under Executive Order 13132, EPA may not issue a

regulation that has federalism implications, that imposes substantial

direct compliance costs, and that is not required by statute, unless

the Federal government provides the funds necessary to pay the direct

compliance costs incurred by State and local governments, or EPA

consults with State and local officials early in the process of

developing the proposed regulation. EPA also may not issue a regulation

that has federalism implications and that preempts State law unless the

Agency consults with State and local officials early in the process of

developing the proposed regulation.

This rule will not have substantial direct effects on the States,

on the relationship between the national government and the States, or

on the distribution of power and responsibilities among the various

levels of government, as specified in Executive Order 13132 (64 FR

43255, August 10, 1999), because it merely approves a state rule

implementing a

[[Page 71662]]

federal standard, and does not alter the relationship or the

distribution of power and responsibilities established in the Clean Air

Act. Thus, the requirements of section 6 of the Executive Order 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

Executive Order 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 Executive Order 13045 because it 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 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 mandate is unfunded,

EPA must 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 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 Executive

Order 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. A major rule cannot

take effect until 60 days after it is published in the Federal

Register. This rule is not a ``major'' rule as defined by 5 U.S.C.

804(2).

H. National Technology Transfer and Advancement Act

Section 12 of the National Technology Transfer and Advancement Act

(NTTAA) of 1995 requires Federal agencies to evaluate existing

technical standards when developing a new regulation. To comply with

NTTAA, EPA must consider and use ``voluntary consensus standards''

(VCS) if available and applicable when developing programs and policies

unless doing so would be inconsistent with applicable law or otherwise

impractical.

The EPA believes that VCS are inapplicable to this action. Today's

action does not require the public to perform activities conducive to

the use of VCS.

I. 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 February 22, 2000. 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).)

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List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Oxides of

Nitrogen, Ozone, Particulate matter, Reporting and recordkeeping

requirements, Volatile organic compounds.

Dated: December 7, 1999.

David P. Howekamp,

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)(6)(xvii) to

(6)(xviv), (47)(i)(D), (68)(ii), and (121)(i)(D) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(6) * * *

(xvii) Los Angeles County Air Pollution Control District.

(A)Previously approved on September 22, 1972 and now deleted

without replacement Rule 51.

(xviii) Orange County Air Pollution Control District.

(A) Previously approved on September 22, 1972 and now deleted

without replacement Rules 51, 67.1 and 68.

(xviv) Riverside County Air Pollution Control District.

(A) Previously approved on September 22, 1972 and now deleted

without replacement Rule 51.

* * * * *

(47) * * *

(i) * * *

(D) Previously approved on May 9, 1980 and now deleted without

replacement for implementation in the South Coast Air Quality

Management District, Rule 1231. (JR)

* * * * *

(68) * * *

(ii) Previously approved on January 21, 1981 and now deleted

without replacement Rule 1311.

* * * * *

(121) * * *

(i) * * *

(D) Previously approved on October 11, 1983 and now deleted without

replacement Rule 107.

* * * * *

[FR Doc. 99-32642 Filed 12-21-99; 8:45 am]

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