### 51184 Federal Register/Vol. 68, No. 165/Tuesday, August 26, 2003/Rules and Regulations

6, 1984 and amended on January 11, 2002.

[FR Doc. 03-21590 Filed 8-25-03; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Part 52 [CA 279-0401a; FRL-7526-4]

Revisionsto the California State Implementation Plan; Sacramento Metropolitan AirQuality Management District
AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule.

SUMMARY: EPA is taking direct final action to approve revisions tothe Sacramento Metropolitan Air Quality Management District's portion ofthe California State Implementation Plan. These revisions concern a local fee rule that applies to major sources ofvolatile organic compound andnitrogen oxide emissions within the Sacramento Metropolitan ozone nonattainment area. We are approving a local rule that regulates these emission sources under the Clean Air Act as amended in 1990. DATES: This rule is effective on October 27, 2003 without further notice, unless EPA receives adverse comments by September 25, 2003. Ifwe receive such comment, we will publish a timely withdrawal in the Federal Register to notify the public thatthis rule willnot take effect. ADDRESSES: Mail comments to Andrew Steckel, Rulemaking Office Chief (AIR4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105.

You can inspect copies ofthe submitted State Implementation Plan revisions and EPA's technical support document atour Region IX office during normal business hours. You may also

see copies ofthe submitted revisions at the following locations:
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 AirResources Board, Stationary Source Division,Rule Evaluation Section, 1001 ""Street, Sacramento, CA 95814. Sacramento Metropolitan Air Quality Management District, 777 12th Street, Third Floor, Sacramento, CA 95814.

A copy ofthe rule mayalso be available via theInternet at http://www.arb.ca.govl drdb/drdbltxt.htm.Please be advisedthat this is not an EPAWeb site and may not contain the same version ofthe rule thatwas submitted toEPA. FOR FURTHER INFORMATION CONTACT: Mae Wang, EPA Region IX, (415) 947-4124. SUPPLEMENTARY INFORMATION: Throughout this document, "we," "us" and "our" refer to EPA.
Table ofContents
I.The State's Submittal

A. What rule didthe State submit? B.What isthe purpose ofthe submitted

rule? C.Whywas this rule submitted? II.What action isEPA taking? III. Statutory and Executive Order Reviews

I. The State's Submittal

A. WhatRuleDidtheState Submit?

The Sacramento Metropolitan Air Quality Management District (SMAQMD) adopted Rule 307, Clean Air Act Fees, on September 26, 2002. This rule was submittedby the California Air Resources Board (CARB)

onDecember 12, 2002, for incorporation into the California State Implementation Plan (SIP). OnFebruary 7,2003, this rule submittal was found to meet the completeness criteria in 40 CFR part 51, appendix V, which must be met before formal EPA review. There are no previous versions ofRule 307 in the SIP, and no previous versions ofthis rule have been submitted.

B. WhatIs thePurposeoftheSubmitted Rule? SMAQMD Rule 307 requires major stationary sources ofvolatile organic compounds (VOCs) andnitrogen oxides (NOx)in the Sacramento Metropolitan

ozone nonattainment area to pay a fee
to the SMAQMD if the area fails to attain the one-hour national ambient air quality standard for ozone by its federally established attainment year. The fee must be paid beginning in the second year after the attainment year, and in each calendar year thereafter, until the area is redesignated to attainment ofthe 1-hour ozone standard. EPA's technical support document (TSD) has more information about this rule.

C. Why Was ThisRule Submitted?

Under sections 182(d)(3), (e), and 185 ofthe Clean Air Act as amended in 1990 (CAA or the Act), States are required to adopt an excess emissions fee regulation for ozone nonattainment areas classified

as severe or extreme. In California, the Sacramento Metropolitan nonattainment

area is classified as severe. The fee regulation specified bythe Act requires major stationary sources ofVOCs in the nonattainment area topay a fee to the State if the area fails to attainthe standard bythe attainment date set forth in the Act. Emissions ofVOCs play a role in producing ground-level ozone and smog, which harm human health and the environment. Section 182(f)of the Act requires States to apply the

same requirements to major stationary

sources ofNOx as are applied to major stationary sources ofVOCs. SMAQMD Rule 307 applies to major sources of both NOx and VOCs.

H1. WhatActionIsEPA Taking?

As authorized in section 110(k)(3) of the Act,EPA isfully approving SMAQMD Rule 307 because we believe itfulfills all relevant requirements. We believe the submitted rule is consistent with the requirements ofthe Act and relevant policy and guidance regarding SIP revisions. The TSD has more information on our evaluation.

We do not think anyone will objectto this approval, so we are finalizing it without proposing itin advance. However, in the Proposed Rules section ofthis FederalRegister, we are simultaneously proposing approval of the same submittedrule. Ifwe receive adverse comments by September 25, 2003, we will publish a timely withdrawal in the FederalRegister to notifythe public thatthe direct final approval will not take effect and we will address the comments in a subsequent final action based on the proposal. Ifwe do notreceive timely adverse comments, the direct final approval will be effective without further notice on October 27, 2003. This will incorporate SMAQMD Rule 307 into the federally enforceable SIP.

III.Statutory andExecutive Order Reviews

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this actionis not a"significant regulatory action" and therefore is not subjecttoreview bythe Office of Management and Budget. For this reason, this actionis also not subjectto 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 andimposes no additional requirements beyond those imposed by State law. Accordingly, the Administrator certifies that this rule will nothave a significant economic impact on a substantial number ofsmall entities under the Regulatory Flexibility Act (5U.S.C. 601 etseq.). Because this rule approves pre-existing requirements under State law and does not impose

HeinOnline -- 68 Fed. Reg. 51184 2003Federal Register/Vol. 68, No. 165/Tuesday, August 26, 2003/Rules and Regulations

any additional enforceable duty beyond that required by State law, itdoes not contain any unfunded mandate or significantly oruniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (PublicLaw 104-4).

This rule also does not have tribal implications because itwill 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,

onthe relationship between the national government and the States, or on the distribution ofpower and responsibilities among the various levels ofgovernment, 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 ofpower andresponsibilities established in the Clean Air Act. This rule also isnot subject to Executive Order 13045, "Protection ofChildren 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 touse voluntary consensus standards (VCS), EPAhas no authority
to disapprove a SIP submission for failure touse VCS. Itwould thus be inconsistent with applicable law for EPA, when itreviews 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) ofthe 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 ofthe Paperwork Reduction Act of1995 (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 arule report, which includes a copy ofthe rule, to each House ofthe Congress and tothe Comptroller General ofthe United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United States prior to publication ofthe rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal Register. This actionis not a "major rule" as defined by 5U.S.C. 804(2).

Under section 307(b)(1) ofthe Clean Air Act, petitions forjudicial review of this action must be filed in the United States Court ofAppeals for the appropriate circuit by October 27, 2003. Filing apetition for reconsideration by the Administrator ofthis final rule does
not affectthe finality ofthis rule for the purposes ofjudicial review nor does it extend the time within which a petition forjudicial review may be filed, and shall not postpone the effectiveness of suchrule or action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)).

List ofSubjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

Dated: June 12, 2003. Alexis Strauss, ActingRegional Administrator, RegionIX.

* Part 52, ChapterI, Title40 ofthe Code ofFederal Regulations is amended as follows:

PART 52-[AMENDED]

m 1. The authority citation for part 52 continues to read asfollows:

Authority: 42 U.S.C. 7401 et seq. Subpart F-California

* 2.Section 52.220 is amendedby addingparagraph (c)(308)(i)(C) to read as follows:
§52.220 Identification of plan.

* * * * *

(c) * * * (308) * * * 

### (i)* * * (C) Sacramento Metropolitan Air Quality Management District.

(1)Rule 307, adopted on September 26, 2002.

* * * * *
[FR Doc. 03-21588 Filed 8-25-03; 8:45 am]

BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52 [CA 245-0403a; FRL-7535-2]

Revisionsto the California State Implementation Plan, San Diego County Air PollutionControl District
AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule.

SUMMARY: EPA istaking direct final action to approve a revision to the San Diego County Air Pollution Control District (SDCAPCD) portion ofthe California State Implementation Plan (SIP). Thisrevision concerns volatile organic compound (VOC) emissions fromthe transfer oforganic compounds
to mobile transport tanks. We are approving a local rulethat regulates this emission source under the Clean Air Act

as amended in 1990 (CAA or the Act). We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAAor the Act). DATES: This rule is effective on October 27, 2003 without further notice, unless EPAreceives adverse comments by September 25, 2003. Ifwe receive such comment, we will publish atimely withdrawal in the FederalRegister to notifythe public thatthis rule will not take effect. ADDRESSES: Mail comments to Andy Steckel, Rulemaking Office Chief (AIR4), U.S.Environmental Protection Agency, Region IX, 75 Hawthorne Street, SanFrancisco, CA94105, steckel.andrew@epa.gov.

You can inspect copies ofthe submitted SIP revision and EPA's technical support document (TSD) at

our Region IX office during normal business hours. You may also see copies ofthe submitted SIP revision at the following locations: Environmental Protection Agency, Air

Docket (6102), Ariel Rios Building, 1200 Pennsylvania Avenue NW., Washington, DC 20460. California Air Resources Board,

Stationary Source Division, Rule Evaluation Section, 1001 "I" Street, Sacramento, CA 95814. San Diego County Air Pollution Control

District, 9150 Chesapeake Drive, San Diego, CA 92123. A copy ofthe rule may alsobe available via the Internet athttp:// www.arb.ca.gov/drdb/drdbltxt.htm. Please be advised that this is not an EPA Web site and maynot contain the same version ofthe rule that was submitted
to EPA. 

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