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]

Revisions to the California State

Implementation Plan; Sacramento

Metropolitan Air Quality Management

District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action to approve revisions to the

Sacramento Metropolitan Air Quality

Management District's portion of the

California State Implementation Plan.

These revisions concern a local fee rule

that applies to major sources of volatile

organic compound and nitrogen 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. If we receive such

comment, we will publish a timely

withdrawal in the Federal Register to

notify the public that this rule will not

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 of the

submitted State Implementation Plan

revisions and EPA's technical support

document at our Region IX office during

normal business hours. You may also

see copies of the 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 Air Resources 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 of the rule may also be available

via the Internet at http://www.arb.ca.govl

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: Mae

Wang, EPA Region IX, (415) 947-4124.

SUPPLEMENTARY INFORMATION:

Throughout this document, "we," "us"

and "our" refer to EPA.

Table of Contents

I. The State's Submittal

A. What rule did the State submit?

B. What is the purpose of the submitted

rule?

C. Why was this rule submitted?

II. What action is EPA taking?

III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What Rule Did the State Submit?

The Sacramento Metropolitan Air

Quality Management District

(SMAQMD) adopted Rule 307, Clean

Air Act Fees, on September 26, 2002.

This rule was submitted by the

California Air Resources Board (CARB)

on December 12, 2002, for incorporation

into the California State Implementation

Plan (SIP). On February 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 of Rule 307 in the SIP,

and no previous versions of this rule

have been submitted.

B. What Is the Purpose of the Submitted

Rule?

SMAQMD Rule 307 requires major

stationary sources of volatile organic

compounds (VOCs) and nitrogen 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 of the 1-hour ozone

standard. EPA's technical support

document (TSD) has more information

about this rule.

C. Why Was This Rule Submitted?

Under sections 182(d)(3), (e), and 185

of the 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 by the Act requires

major stationary sources of VOCs in the

nonattainment area to pay a fee to the

State if the area fails to attain the

standard by the attainment date set forth

in the Act. Emissions of VOCs 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 of NOx as are applied to major

stationary sources of VOCs. SMAQMD

Rule 307 applies to major sources of

both NOx and VOCs.

H1. What Action Is EPA Taking?

As authorized in section 110(k)(3) of

the Act, EPA is fully approving

SMAQMD Rule 307 because we believe

it fulfills all relevant requirements. We

believe the submitted rule is consistent

with the requirements of the Act and

relevant policy and guidance regarding

SIP revisions. The TSD has more

information on our evaluation.

We do not think anyone will object to

this approval, so we are finalizing it

without proposing it in advance.

However, in the Proposed Rules section

of this Federal Register, we are

simultaneously proposing approval of

the same submitted rule. If we receive

adverse comments by September 25,

2003, 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

October 27, 2003. This will incorporate

SMAQMD Rule 307 into the federally

enforceable SIP.

III. 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

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

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. 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 October 27, 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,

Nitrogen dioxide, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compounds.

Dated: June 12, 2003.

Alexis Strauss,

Acting Regional Administrator, Region IX.

* Part 52, Chapter I, Title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52-[AMENDED]

m 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 paragraph (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]

Revisions to the California State

Implementation Plan, San Diego

County Air Pollution Control District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action to approve a revision to the San

Diego County Air Pollution Control

District (SDCAPCD) portion of the

California State Implementation Plan

(SIP). This revision concerns volatile

organic compound (VOC) emissions

from the transfer of organic compounds

to mobile transport tanks. We are

approving a local rule that 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

(CAA or the Act).

DATES: This rule is effective on October

27, 2003 without further notice, unless

EPA receives adverse comments by

September 25, 2003. If we receive such

comment, we will publish a timely

withdrawal in the Federal Register to

notify the public that this 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, San Francisco, CA 94105,

steckel.andrew@epa.gov.

You can inspect copies of the

submitted SIP revision and EPA's

technical support document (TSD) at

our Region IX office during normal

business hours. You may also see copies

of the 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 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.

51185

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