[Federal Register: April 30, 2003 (Volume 68, Number 83)]
[Rules and Regulations]
[Page 23035-23038]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ap03-6]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 275-0384a; FRL-7471-4]
Revisions to the California State Implementation Plan, Lake
County Air Quality Control District and San Diego 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
Lake County Air Quality Management District (LCAQMD) and San Diego
County Air Pollution Control District (SDCAPCD) portions of the
California State Implementation Plan (SIP). The LCAQMD and SDCAPCD
revisions concern the emission of particulate matter (PM-10) from open
burning. We are approving the local rules that regulate this emission
source under the Clean Air Act as amended in 1990 (CAA or the Act).
DATES: This rule is effective on June 30, 2003, without further notice,
unless EPA receives adverse comments by May 30, 2003. 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: Mail or e-mail comments to Andy Steckel, Rulemaking Office
Chief (AIR-4), U.S. Environmental Protection Agency, Region IX, 75
Hawthorne Street, San Francisco, CA 94105; steckel.andrew@epa.gov. You can inspect a copy of the submitted rules and EPA's technical
support documents (TSDs) at our Region IX office during normal business
hours. You may also see a copy of the submitted rules and TSDs at the
following locations:
Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, (Mail Code 6102T), Room B-102, 1301 Constitution
Avenue, NW., Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814.
Lake County Air Quality Management District, 885 Lakeport Boulevard,
Lakeport, CA 95453.
San Diego County Air Pollution Control District, 9150 Chesapeake
Drive, San Diego, CA 92123.
A copy of a rule may also be available via the Internet at http://www.arb.ca.gov/drdb/drdbltxt.htm.
This is not an EPA Web site and it
may not contain the same version of the rule that was submitted to EPA.
Readers should
[[Page 23036]]
verify that the adoption date of the rule listed is the same as the
rule submitted to EPA for approval and be aware that the official
submittal is only available at the agency addresses listed above.
FOR FURTHER INFORMATION CONTACT: Al Petersen, Rulemaking Office (AIR-
4), U.S. Environmental Protection Agency, Region IX; (415) 947-4118.
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 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. Background Information
A. Why Were These Rules Submitted?
IV. 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 revised by the local air agencies and submitted by the California
Air Resources Board (CARB).
Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Rule title or section
Local agency Rule or [section title or [subject Amended, adopted, or Submitted
] matter] rescinded
----------------------------------------------------------------------------------------------------------------
LCAQMD........... [226.5] Fire Season Burn Ban. 10/01/02 Adopted 12/12/02
LCAQMD........... [232.1] Incinerator.......... 10/01/02 Adopted 12/12/02
LCAQMD........... [238.5] Natural Vegetation... 10/01/02 Adopted 12/12/02
LCAQMD........... [249.3] Processed or Treated 10/01/02 Adopted 12/12/02
Wood and Wood
Products.
LCAQMD........... [250.5] Residential Waste 10/01/02 Adpoted 12/12/02
Burning.
LCAQMD........... [431.5] [Non-Agricultural 10/01/02 Amended 12/12/02
Open Burning].
LCAQMD........... [431.7] [Non-Agricultural 10/01/02 Amended 12/12/02
Burning Hours].
LCAQMD........... [432.5] Exemptions for 10/01/02 Amended 12/12/02
Preparation of Food
and Recreational
Purposes.
LCAQMD........... [433] [Single- and Two- 10/01/02 Amended 12/12/02
Family Dwellings].
LCAQMD........... [433.5] [Exemption to Lot 10/01/02 Adopted 12/12/02
Size and Distance
Restrictions].
LCAQMD........... [436] Wood Waste Disposal 10/01/02 Adopted 12/12/02
by Open Burning.
LCAQMD........... [436.5] Wood Waste Burning... 10/01/02 Adopted 12/12/02
LCAQMD........... [442] Wood Waste Disposal 10/01/02 Rescinded 12/12/02
by Open Burning.
SDCAPCD.......... 101 Burning Control...... 09/25/02 Adopted 11/19/02
SDCAPCD.......... 101 through 112 [SIP Open Burning 09/25/02 Rescinded 11/19/02
Rules].
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On February 7, 2003, this submittal was 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 into the SIP a version of LCAQMD Section 436 on October
24, 1980 (45 FR 70448). We approved a version of LCAQMD Sections 431.7,
432.5, 436.5, and 442 on October 23, 1989 (54 FR 43173). We approved a
version of LCAQMD Sections 226.5, 431.5, and 433 on June 14, 2002 (67
FR 40867).
We approved into the SIP versions of submitted SDCAPCD Rule 101 as
SDCAPCD Rules 105, 106, 107, 110, 111, and 112 on May 11, 1977 (42 FR
23805), as SDCAPCD Rule 104 on August 31, 1978 (43 FR 38826), as
SDCAPCD Rule 109 on July 6, 1982 (47 FR 29233), and as SDCAPCD Rules
101, 102, 103, and 108 on March 11, 1998 (63 FR 11831). These SIP
versions are all submitted for recision and should be replaced by
submitted SDCAPCD Rule 101.
C. What Is the Purpose of the Submitted Rule Revisions?
The purpose of the submitted LCAQMD sections is to amend and adopt
sections that minimize public exposure from residential waste burning,
improve air quality, and maximize fire safety while minimizing the
health consequence and demand on resources of affected agencies.
One purpose of the submitted SDAPCD Rule 101 is to consolidate SIP
Rules 101 through 112 into one rule. Other purposes are to increase
stringency and to meet new California open burning guidelines.
II. EPA's Evaluation and Action
A. How Is EPA Evaluating the Rules?
Generally, SIP rules must be enforceable (see section 110(a) of the
CAA) and must not relax existing requirements (see sections 110(l) and
193). Section 189(a) of the CAA requires moderate PM-10 nonattainment
areas with significant PM-10 sources to adopt reasonably available
control measures (RACM), including reasonably available control
technology (RACT). RACM/RACT is not required for attainment areas
unless required by a maintenance attainment plan. LCAQMD and SDCAPCD
regulate a PM-10 attainment area and fulfilling RACM/RACT is not
required. See 40 CFR 81.305.
The following guidance documents were used for reference:
[sbull] Requirements for Preparation, Adoption, and Submittal of
Implementation Plans, U.S. EPA, 40 CFR part 51.
[sbull] General Preamble Appendix C3--Prescribed Burning Control
Measures (57 FR 18072, April 28, 1992).
[sbull] PM-10 Guideline Document, EPA-452/R-93-008.
B. Do the Rules Meet the Evaluation Criteria?
We believe the submitted rules and recisions are consistent with
the relevant policy and guidance regarding enforceability, SIP
relaxations, and RACM/RACT requirements and should be approved. The
TSDs have more information on our evaluation.
C. Public Comment and Final Action
As authorized in section 110(k)(3) and 110(k)(6) of the CAA, EPA is
fully approving the submitted rules and rule recisions 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 the
April 16, 2003 Federal Register (68 FR 18581), we proposed approval of
the same submitted rules. If we receive adverse comments by May 30,
2003, we will publish a timely withdrawal in the Federal Register to
notify the public that the direct final approval will not
[[Page 23037]]
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 June 30, 2003. This will incorporate these rules into the
federally-enforceable SIP and remove the rescinded rules from the 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. Background Information
A. Why Were These Rules Submitted?
PM-10 harms human health and the environment. Section 110(a) of the
CAA requires states to submit regulations that control PM-10 emissions.
Table 2 lists some of the national milestones leading to the submittal
of local agency PM-10 rules.
Table 2.--PM-10 Nonattainment Milestones
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Date Event
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March 3, 1978...................... EPA promulgated a list of total
suspended particulate (TSP)
nonattainment areas under the
Clean Air Act, as amended in 1977.
43 FR 8964; 40 CFR 81.305.
July 1, 1987....................... EPA replaced the TSP standards with
new PM standards applying only up
to 10 microns in diameter (PM-10).
52 FR 24672.
November 15, 1990.................. Clean Air Act Amendments of 1990
were enacted, Pub. L. 101-549, 104
Stat. 2399, codified at 42 U.S.C.
7401-7671g.
November 15, 1990.................. PM-10 areas meeting the
qualifications of section
107(d)(4)(B) of the CAA were
designated nonattainment by
operation of law and classified as
moderate pursuant to section
188(a). States are required by
section 110(a) to submit rules
regulating PM-10 emissions in
order to achieve the attainment
dates specified in section 188(c).
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IV. 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 (Pub. L. 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 CAA.
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 CAA. 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 CAA. 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.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 30, 2003. 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, Particulate matter, Reporting
and recordkeeping requirements.
[[Page 23038]]
Dated: April 11, 2003.
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 paragraphs (c)(21)(vi)(D),
(c)(41)(ii)(F), (c)(103)(ii)(E), (c)(176)(i)(B)(2), (c)(182)(i)(E)(2),
(c)(307)(i)(C), and (c)(308)(i)(B) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(21) * * *
(vi) * * *
(D) Previously approved on May 11, 1977 in paragraph (c)(21)(vi)(A)
of this section and now deleted Rules 105, 106, 107, 110, 111, and 112
(now replaced by Rule 101).
* * * * *
(41) * * *
(ii) * * *
(F) Previously approved on August 31, 1978 in paragraph
(c)(41)(ii)(A) of this section and now deleted Rule 104 (now replaced
by Rule 101).
* * * * *
(103) * * *
(ii) * * *
(E) Previously approved on July 6, 1982 in paragraph
(c)(103)(ii)(B) of this section and now deleted Rule 109 (now replaced
by Rule 101).
* * * * *
(176) * * *
(i) * * *
(B) * * *
(2) Previously approved on October 23, 1989 in paragraph
(c)(176)(i)(B)(1) of this section and now deleted Section 442 (now
replaced by Section 436).
* * * * *
(182) * * *
(i) * * *
(E) * * *
(2) Previously approved on March 11, 1988 in paragraph
(c)(182)(i)(E)(1) of this section and now deleted Rules 101, 102, 103,
and 108 (now replaced by Rule 101).
* * * * *
(307) * * *
(i) * * *
(C) San Diego County Air Pollution Control District.
(1) Rule 101, adopted on September 25, 2002.
* * * * *
(308) * * *
(i) * * *
(B) Lake County Air Quality Management District.
(1) Sections 226.5, 232.1, 238.5, 249.3, 250.5, 433.5, 436, and
436.5, adopted on October 1, 2002 and Sections 431.5, 431.7, 432.5, and
433, amended on October 1, 2002.
* * * * *
[FR Doc. 03-10426 Filed 4-29-03; 8:45 am]
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