[Federal Register: September 2, 2008 (Volume 73, Number 170)]
[Rules and Regulations]
[Page 51226-51228]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02se08-6]
[[Page 51226]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2006-0714, FRL-8701-4]
Revisions to the California State Implementation Plan, Antelope
Valley Air Quality Management 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
Antelope Valley Air Quality Management District (AVAQMD) portion of the
California State Implementation Plan (SIP). Under authority of the
Clean Air Act as amended in 1990 (CAA or the Act), we are approving
minor administrative changes to local rules that address permitting
requirements.
DATES: This rule is effective on November 3, 2008 without further
notice, unless EPA receives adverse comments by October 2, 2008. If we
receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this rule will not take
effect.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2006-0714 by one of the following methods:
Federal eRulemaking Portal: www.regulations.gov. Follow
the on-line instructions.
E-mail: R9airpermits@epa.gov.
Mail or deliver: Gerardo Rios (Air-3), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105.
Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or e-mail.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send e-mail directly to EPA, your e-mail
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region
IX, 75 Hawthorne Street, San Francisco, California. While all documents
in the docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available in either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment
during normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Laura Yannayon, Permits Office (AIR-
3), U.S. Environmental Protection Agency, Region IX, (415) 972-3534,
yannayon.laura@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. The State's Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted rule and rule revisions?
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rules did the State submit?
Table 1 lists the rules we are approving with the date that they
were amended by the local air agency and submitted by the California
Air Resources Board (CARB).
Table 1--Submitted Rules for Full Approval
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Local agency Rule No. Rule title Amended Submitted
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AVAQMD............................... 101 Title....................... 05/17/05 03/10/06
AVAQMD............................... 102 Definition of Terms......... 05/17/05 03/10/06
AVAQMD............................... 106 Increments of Progress...... 05/17/05 03/10/06
AVAQMD............................... 108 Alternative Emission Control 05/17/05 03/10/06
Plans.
AVAQMD............................... 109 Recordkeeping for Volatile 05/17/05 03/10/06
Organic Compound Emissions.
AVAQMD............................... 208 Permit for Open Burning..... 05/17/05 03/10/06
AVAQMD............................... 210 Applications................ 05/17/05 03/10/06
AVAQMD............................... 212 Standards for Approving 05/17/05 03/10/06
Permits.
AVAQMD............................... 218 Stack Monitoring............ 05/17/05 03/10/06
AVAQMD............................... 220 Exemption--Net Increase in 05/17/05 03/10/06
Emissions.
AVAQMD............................... 221 Plans....................... 05/17/05 03/10/06
AVAQMD............................... 226 Limitations on Potential to 05/17/05 03/10/06
Emit.
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On March 30, 2006, these rule submittals were found to meet the
completeness criteria in 40 CFR part 51, appendix V, which must be met
before formal EPA review.
B. Are there other versions of these rules?
We approved Rules 101 and 102 into the SIP on December 31, 1998 (63
FR 72197); Rule 106 on June 14, 1978 (43 FR 25686); Rule 108 on August
30, 1993 (58 FR 45445); Rule 109 on April 13, 1995 (60 FR 18750); Rule
210 on October 8, 1976 (43 FR 40011); Rule 212 on December 4, 1996 (61
FR 64291); Rules 218 and 220 on July 6, 1982 (47 FR 29231); Rule 221 on
April 17, 1987 (52 FR 12522); and Rule 226 on August 31, 2004 (69 FR
53005).
There is no version of Rule 208 in the SIP. We did not act on a
version of Rule 208 adopted by AVAQMD on January 5, 1990 and submitted
by CARB to us on December 31, 1990. While we can act on only the most
recently submitted version, we have reviewed materials provided with
previous submittal.
C. What is the purpose of the submitted rule and rule revisions?
These rules describe administrative provisions and definitions that
support emission controls found in other local agency requirements. In
combination with the other requirements, these rules
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must be enforceable (see section 110(a) of the CAA) and must not relax
existing requirements (see sections 110(l) and 193).
The TSD has more information about these rules.
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
These rules describe administrative provisions and definitions that
support emission controls found in other local agency requirements. In
combination with the other requirements, these rules must be
enforceable (see section 110(a) of the CAA) and must not relax existing
requirements (see sections 110(l) and 193).
The following guidance documents were used for reference:
Review of New Sources and Modifications, U.S. EPA, 40 CFR
part 51, subpart I.
Guidance Document for Correcting Common VOC & Other Rule
Deficiencies, EPA Region 9, (August 21, 2001). (The Little Bluebook)
B. Do the rules meet the evaluation criteria?
We believe the rules are consistent with the relevant policy and
guidance regarding enforceability and SIP relaxations. The TSD has more
information on our evaluation.
C. Public Comment and Final Action
As authorized in section 110(k)(3) of the CAA, EPA is fully
approving the submitted Rules 101, 102, 106, 108, 109, 208, 210, 212,
218, 220, 221, and 226 because we believe they fulfill all relevant
requirements. We do not think anyone will object to this, so we are
finalizing the approval without proposing it in advance. However, in
the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by October 2, 2008, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on November 3, 2008. This will incorporate these
rules into the federally-enforceable SIP.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this direct final rule and if that provision
may be severed from the remainder of the rule, EPA may adopt as final
those provisions of the rule that are not the subject of an adverse
comment.
III. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
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 action 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.
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 November 3, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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, Reporting and recordkeeping
requirements.
Dated: July 11, 2008.
Laura Yoshii,
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 paragraphs (c)(344)(i)(A)(2),
(3), and (4) to read as follows:
Sec. 52.220 Identification of plan.
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(c) * * *
(344) * * *
(i) * * *
(A) * * *
(2) Rule 101, ``Title,'' and Rule 102, ``Definition of Terms,''
originally adopted on February 4, 1977 and amended on May 17, 2005.
(3) Rule 106, ``Increments of Progress,'' Rule 210,
``Applications,'' Rule 212, ``Standards for Approving Permits,'' and
Rule 218, ``Stack Monitoring,'' originally adopted on January 9, 1976
and amended on May 17, 2005.
(4) Rule 108, ``Alternative Emission Control Plans,'' Rule 109,
``Recordkeeping for Volatile Organic Compound Emissions,'' Rule 208,
``Permit for Open Burning,'' Rule 220, ``Exemption--Net Increase in
Emissions,'' Rule 221, ``Plans,'' and Rule 226, ``Limitations on
Potential to Emit,'' originally adopted on March 2, 1990, May 5, 1989,
October 8, 1976, November 4, 1977, January 4, 1985, and March 17, 1998,
respectively, and amended on May 17, 2005.
* * * * *
[FR Doc. E8-20137 Filed 8-29-08; 8:45 am]
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