Air quality implementation plans; approval and promulgation; various States: California,
[Federal Register: July 26, 2004 (Volume 69, Number 142)]
[Rules and Regulations]
[Page 44461-44463]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jy04-4]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA302-0463; FRL-7788-5]
Revisions to the California State Implementation Plan, South Coast Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is finalizing approval of revisions to the South Coast Air Quality Management District portion of the California State Implementation Plan (SIP). These revisions were proposed in the Federal Register on May 21, 2004, and concern oxides of nitrogen (NOX) and oxides of sulfur (SOX) emissions from facilities emitting 4 tons or more per year of NOXand/or SOXin the year 1990 or any subsequent year. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
EFFECTIVE DATE: This rule is effective on August 25, 2004.
ADDRESSES: You can inspect copies of the administrative record for this action at EPA's Region IX office during normal business hours by appointment. You can inspect copies of the submitted SIP revisions by appointment at the following locations:
Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901. Air and Radiation Docket and Information Center, U.S. Environmental Protection Agency, Room B-102, 1301 Constitution Avenue, NW., (Mail Code 6102T), Washington, DC 20460. California Air Resources Board, Stationary Source Division, Rule Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814. South Coast Air Quality Management District, 21865 E. Copley Dr., Diamond Bar, CA 91765-4182.
A copy of the rule may also be available via the Internet at http://www.arb.ca.gov/drdb/drdbltxt.htm. Please be advised that this is not
an EPA Web site and may not contain the same version of the rule that was submitted to EPA.
FOR FURTHER INFORMATION CONTACT: Thomas C. Canaday, EPA Region IX, (415) 947-4121, canaday.tom@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to EPA.
-
Proposed Action
On May 21, 2004 (69 FR 29250), EPA proposed to approve the following rules into the California SIP.
[[Page 44462]]
Table 1.--Submitted Rules
Rule Rule title
Adopted
Submitted
SCAQMD...............................
2007 Trading Requirements........
12/05/03
02/20/04 SCAQMD...............................
2011 Requirements for Monitoring,
12/05/03
02/20/04 Reporting, and Recordkeeping for Oxides of Sulfur (SOX) Emissions. SCAQMD...............................
2012 Requirements for Monitoring,
12/05/03
02/20/04 Reporting, and Recordkeeping for Oxides of Nitrogen (NOX) Emissions.
We proposed to approve these rules because we determined that they complied with the relevant CAA requirements. Our proposed action contains more information on the rules and our evaluation.
-
Public Comments and EPA Responses
EPA's proposed action provided a 30-day public comment period. During this period we received no comments on our proposed action.
-
EPA Action
No comments were submitted that change our assessment that the submitted rules comply with the relevant CAA requirements. Therefore, as authorized in section 110(k)(3) of the Act, EPA is fully approving these rules into the California SIP.
-
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action merely approves State law as meeting Federal requirements and imposes no additional requirements beyond those imposed by State law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing requirements under State law and does not impose any additional enforceable duty beyond that required by State law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4).
This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have federalism implications because it does 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). This action merely approves a State rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 action is not a ``major rule'' as defined by 5 U.S.C. section 804(2).
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 September 24, 2004. 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.
Dated: July 6, 2004. Alexis Strauss, Acting Regional Administrator, Region IX.
0 Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows:
PART 52--[AMENDED]
0 1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0 2. Section 52.220 is amended by adding paragraph (c)(329) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
[[Page 44463]]
(329) Amended regulations for the following APCDs were submitted on February 20, 2004, by the Governor's Designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rules 2007, 2011 including protocol for Rule 2011, and 2012 including protocol for Rule 2012 amended on December 5, 2003. * * * * *
[FR Doc. 04-16942 Filed 7-23-04; 8:45 am]
BILLING CODE 6560-50-P
