26876 Federal Register / Vol. 64, No. 95 /Tuesday, May 18, 1999 /Rules and Regulations

long-term agreements. In the case of any

leaseback or long-term agreement (other

than a disqualified leaseback or longterm agreement) entered into after June

3, 1996, and on or before May 18, 1999,

a taxpayer may choose to apply the

provisions of regulation project IA–292–

84 (1996–2 C.B. 462)(see § 601.601(d)(2)

of this chapter).

(d) Entered into. For purposes of this

section and § 1.467–8, a rental

agreement is entered into on its

agreement date (within the meaning of

§ 1.467–1(h)(1) and, if applicable,

§ 1.467–1(f)(1)(i)).

(e) Change in method of accounting—

(1) In general. For the first taxable year

ending after May 18, 1999, a taxpayer is

granted consent of the Commissioner to

change its method of accounting for

rental agreements described in

paragraph (a)(2) of this section to

comply with the provisions of §§ 1.467–

1 through 1.467–7.

(2) Application of regulation project

IA–292–84. For the first taxable year

ending after May 18, 1999, a taxpayer is

granted consent of the Commissioner to

change its method of accounting for any

rental agreement described in paragraph

(c) of this section to comply with the

provisions of regulation project IA–292–

84 (1996–2 C.B. 462) (see § 601.601(d)(2)

of this chapter).

(3) Automatic change procedures. A

taxpayer changing its method of

accounting in accordance with this

paragraph (e) must follow the automatic

change in accounting method provisions

of Rev. Proc. 98–60 (see § 601.601(d)(2)

of this chapter) except, for purposes of

this paragraph (e), the scope limitations

in section 4.02 of Rev. Proc. 98–60 are

not applicable. A method change in

accordance with paragraph (e)(1) of this

section is made on a cut-off basis so no

adjustment under section 481(a) is

required.

Robert E. Wenzel,

Deputy Commissioner of Internal Revenue.

Approved: May 5, 1999.

Donald C. Lubick,

Assistant Secretary of the Treasury.

[FR Doc. 99–11891 Filed 5–17–99; 8:45 am]

BILLING CODE 4830–01–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 009–0137a; FRL–6337–8]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, Six

California Air Pollution Control

Districts

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action on revisions to the California

State Implementation Plan. The

revisions concern rules from the

following: Kern County Air Pollution

Control District (KCAPCD), Lake County

Air Quality Management District

(LCAQMD), Modoc County Air

Pollution Control District (MCAPCD),

Northern Sierra Air Quality

Management District (NSAQMD), San

Joaquin Valley Unified Air Pollution

Control District (SJVUAPCD), and

Ventura County Air Pollution Control

District (VCAPCD). The rules control

particulate matter (PM) emissions from

open burning, orchard heaters, fuel

burning equipment, or processes

identified by a weight rate throughput.

This approval action will incorporate

these rules into the federally-approved

SIP. The intended effect of approving

these rules is to regulate emissions of

PM in accordance with the requirements

of the Clean Air Act, as amended in

1990 (CAA). Thus, EPA is finalizing the

approval of these rules into the

California SIP under provisions of the

CAA regarding EPA action on SIP

submittals, SIPs for national primary

and secondary ambient air quality

standards, and plan requirements for

attainment and nonattainment areas.

DATES: This rule is effective on July 19,

1999 without further notice, unless EPA

receives relevant adverse comments by

June 17, 1999. If EPA receives such

comments, then it will publish a timely

withdrawal in the Federal Register

informing the public that this rule will

not take effect.

ADDRESSES: Comments must be

submitted to Andrew Steckel at the

Region IX office listed below. Copies of

the rules and EPA’s evaluation report

for the rules are available for public

inspection at EPA’s Region IX office

during normal business hours. Copies of

the submitted rules are available for

inspection at the following locations:

Rulemaking Office (AIR–4), Air Division,

U.S. Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, S.W.,

Washington, D.C. 20460

California Air Resources Board, Stationary

Source Division, Rule Evaluation Section,

2020 ‘‘L’’ Street, Sacramento, CA 95812.

Kern County Air Pollution Control District,

2700 ‘‘M’’ Street, Suite 290, Bakersfield,

CA 93301.

Lake County Air Quality Management

District, 883 Lakeport Boulevard, Lakeport,

CA 95453.

Modoc County Air Pollution Control District,

202 West 4th Street, Alturas, CA 96101.

Northern Sierra Air Quality Management

District, 540 Searles Avenue, Nevada City,

CA 95959.

San Joaquin Valley Unified Air Pollution

Control District, 1990 East Gettysburg

Street, Fresno, CA 93726.

Ventura County Air Pollution Control

District, 702 County Square Drive, Ventura,

CA 93003.

FOR FURTHER INFORMATION CONTACT: Al

Petersen, Rulemaking Office, (AIR–4),

Air Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105, Telephone: (415) 744–1135.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rules being approved into the

California SIP are listed below with the

date they were adopted or amended by

the Districts and the date they were

submitted to EPA by the California Air

Resources Board: KCAPCD Rule 409,

Fuel Burning Equipment (as amended

on May 7, 1998, submitted June 23,

1998); LCAQMD Section (Rule) 248.5,

Prescribed Burning (Definition) (as

adopted on December 6, 1988,

submitted February 7, 1989); LCAQMD

Section (Rule) 270, Wildland Vegetation

Management Burning (Definition) (as

adopted on December 6, 1988,

submitted February 7, 1989); LCAQMD

Section (Rule) 640, (Permit Exemptions)

(as amended on July 15, 1997, submitted

March 10, 1998); LCAQMD Section

(Rule) 1002, (Agencies Authorized to

Issue Burn Permits) (as amended on

March 19, 1996, submitted May 18,

1998); Lake County Section (Rule) 1010,

(No-Burn Day)(as adopted on June 13,

1989, submitted March 26, 1990);

LCAQMD Section (Rule) 1350, Burning

of Standing Tule (as adopted on October

15, 1996, submitted March 10, 1998);

MCAPCD Rule 4.11, Orchard Heaters (as

adopted on January 3, 1989, submitted

December 31, 1990); NSAQMD Rule

211, Process Weight per Hour (as

adopted on September 11, 1991,

submitted October 28, 1996);

SJVUAPCD Rule 4301, Fuel Burning

Equipment (as amended on December

17, 1992, submitted September 28,
Federal Register / Vol. 64, No. 95 /Tuesday, May 18, 1999 /Rules and Regulations 26877

1On July 18, 1997 EPA promulgated revised and

new standards for PM–10 and PM–2.5 (62 FR

38651). EPA has not yet established specific plan

and control requirements for the revised and new

standards. This action is part of California’s efforts

to achieve compliance with the 1987 PM–10

standards.

2EPA adopted the completeness criteria on

February 16, 1990 (55 FR 5830) and, pursuant to

section 110(k)(1)(A) of the CAA, revised the criteria

on August 26, 1991 (56 FR 42216).

1994); and VCAPCD Rule 56, Open Fires

(as amended on March 29, 1994,

submitted May 24, 1994).

II. Background

On March 3, 1978, EPA promulgated

a list of total suspended particulate

(TSP) nonattainment areas under the

provisions of the 1977 Clean Air Act,

that included the Ventura County

(Southern Part) and the San Joaquin

Valley Air Basin (43 FR 8964; 40 CFR

81.305). On July 1, 1987 (52 FR 24672)

EPA replaced the TSP standards with

new PM standards applying only to PM

up to 10 microns in diameter (PM–10). 1

On November 15, 1990, amendments to

the 1977 CAA were enacted (Pub. L.

101–549, 104 Stat. 2399, codified at 42

U.S.C. 7401–7671q). On the date of

enactment of the 1990 CAA

Amendments, PM–10 areas meeting the

qualifications of section 107(d)(4)(B) of

the Act were designated nonattainment

by operation of law and classified as

moderate or serious pursuant to section

188(a). Nevada County, Plumas County,

and Sierra County (which now comprise

NSAQMD), Lake County, Modoc

County, and Ventura County were not

among the areas designated

nonattainment. The present KCAPCD

includes an area never designated

nonattainment for PM–10 and a part of

Searles Valley, which was designated

moderate nonattainment for PM–10. On

February 8, 1993, EPA classified four

nonattainment areas as serious

nonattainment, including the San

Joaquin Valley Planning Area, which

now comprises the SJVUAPCD.

Section 189(a) of the CAA requires

moderate and above PM–10

nonattainment areas to adopt reasonably

available control measures (RACM),

including reasonably available control

technology (RACT) for stationary

sources of PM–10. Section 189(b) of the

CAA requires serious nonattainment

areas to adopt best available control

measures (BACM) for significant sources

of PM–10, including best available

control technology (BACT). Therefore,

KCAPCD and SJVUAPCD must meet

RACM. SJVUAPCD must also adopt

BACM. However, EPA is deferring

decision on the specific BACM

requirements until EPA acts on

SJVUAPCD’s BACM plan at a later date.

In response to section 110(a) and Part

D of the Act, the State of California

submitted many PM–10 rules for

incorporation into the California SIP,

including the rules being acted on in

this document. This document

addresses EPA’s direct-final action for

the following:

KCAPCD Rule 409, Fuel Burning

Equipment, was amended May 7, 1998,

submitted by the State of California for

incorporation into the SIP on June 23,

1998, and found to be complete on

August 24, 1998, pursuant to EPA’s

completeness criteria that are set forth

in 40 CFR Part 51 Appendix V 2 and is

being finalized for approval into the SIP.

LCAQMD Sections (Rules) 248.5, 270,

640, 1010, and 1350 were adopted

December 6, 1988, December 6, 1988,

July 15, 1997, June 13, 1989, and

October 15, 1996, respectively;

submitted by the State of California for

incorporation into the SIP on February

7, 1989, February 7, 1989, March 10,

1998, March 26, 1990, and March 10,

1998, respectively; and found to be

complete on May 5, 1989, May 5, 1989,

May 21, 1998, June 20, 1990, and May

21, 1998, respectively.

LCAQMD Section (Rule) 1002 was

amended March 19, 1996, submitted

May 18, 1998, and found to be complete

July 17, 1998.

MCAPCD Rule 4.11, Orchard Heaters,

was adopted January 3, 1989, submitted

by the State of California for

incorporation into the SIP on December

31, 1990, and found to be complete on

February 28, 1991.

NSAQMD Rule 211, Process Weight

per Hour, was adopted September 11,

1991, submitted by the State on October

28, 1996, and found to be complete on

December 19, 1996.

SJVUAPCD Rule 4301, Fuel Burning

Equipment, was amended December 17,

1992, submitted by the State of

California for incorporation into the SIP

on September 28, 1994, and found to be

complete on October 21, 1994.

VCAPCD Rule 56, Open Fires was

amended March 29, 1994, submitted by

the State of California for incorporation

into the SIP on May 24, 1994, and found

to be complete on July 14, 1994.

PM emissions can harm human health

and the environment. These rules were

adopted as part of KCAPCD, LCAQMD,

MCAPCD, NSAQMD, SJVUAPCD, and

VCAPCD efforts to maintain the

National Ambient Air Quality Standard

(NAAQS) for TSP/PM–10. The

following is EPA’s evaluation and final

action for these rules.

III. EPA Evaluation and Action

In determining the approvability of a

PM–10 rule, EPA must evaluate the rule

for consistency with the requirements of

the CAA and EPA regulations, as found

in section 110 and part D of the CAA

and 40 CFR part 51 (Requirements for

Preparation, Adoption, and Submittal of

Implementation Plans). EPA must also

ensure that rules are enforceable and

strengthen or maintain the SIP’s control

strategy.

The statutory provisions relating to

RACM/RACT and BACM/BACT are

discussed in EPA’s ‘‘General Preamble’’,

which give the Agency’s preliminary

views on how EPA intends to act on

SIPs submitted under Title I of the CAA.

See 57 FR 13498 (April 16, 1992), 57 FR

18070 (April 28, 1992) and 59 FR 41998

(August 16, 1994). In this rulemaking

action, EPA is applying these policies to

this submittal, taking into consideration

the specific factual issues presented.

EPA previously reviewed rules from

KCAPCD, LCAQMD, MCAPCD,

NSAQMD, SJVUAPCD, and VCAPCD

and incorporated them into the

federally-approved SIP pursuant to

section 110(k)(3) of the CAA.

On September 22, 1972 and May 3,

1984, respectively, EPA approved into

the SIP versions of KCAPCD Rule 407.2,

Fuel Burning Equipment—Combustion

Contaminants, and Rule 409, Fuel

Burning Equipment—Desert Basin.

Submitted Rule 409, Fuel Burning

Equipment, combines these two rules

and is equally as stringent. This rule

regulates particulate and other

emissions from fuel burning equipment.

EPA has determined that submitted

Rule 409 meets the requirements of

RACM.

On May 18, 1981, EPA approved into

the Nevada County (now part of the

unified NSAQMD) SIP Rule 211,

Process Weight per Hour, the general

prohibition plus exceptions in

paragraphs A.6 and A.7, while

disapproving the exceptions in

paragraphs A.1 through A.5. Paragraphs

A.1 through A.5 exceptions give specific

emission limits to the following:

• Portland Cement Kilns—0.30

pounds per ton dry feed.

• Portland Cement Clinker Coolers—

0.10 pounds per ton dry feed.

• Sewage Sludge Incinerators—1.30

pounds per ton dry sludge input.

• Rotary Lime Kilns—0.30 pounds

per ton limestone feed.

• Lime Hydrators—0.15 pounds per

ton lime feed.

There is currently no version of

NSAQMD Rule 211 in Plumas County or

Sierra County in the SIP. Submitted

NSAQMD Rule 211, Process Weight per
26878 Federal Register / Vol. 64, No. 95 /Tuesday, May 18, 1999 /Rules and Regulations

Hour, which contains the general

prohibition plus paragraphs A.1 through

A.6., replaces the Nevada County SIPapproved rule. The previously

disapproved paragraphs A.1 through

A.5 are being approved in this action,

because this is an attainment area and

all of the exceptions are at least as

stringent as New Source Performance

Standards, and EPA concludes that they

will not interfere with attainment or any

other provision of the CAA.

There is currently no version of

LCAQMD Section (Rule) 248.5,

Prescribed Burning (Definition), and

LCAQMD Section (Rule) 270, Wildland

Vegetation Management Burning

(Definition), in the SIP. Section (Rule)

248.5 defines Prescribed Burning.

Section (Rule) 270 defines Wildland

Vegetation Management Burning.

There is currently no version of

LCAQMD Section (Rule) 640, (Permit

Exemptions) in the SIP. This is a new

rule (a previous version was not SIPapproved) that exempts certain types of

burning from the requirement to obtain

a burn permit.

On August 4, 1978, EPA approved

into the SIP a version of LCAQMD

Section (Rule) 1002, (Agencies

Authorized to Issue Permits). Submitted

Section (Rule) 1002, replaces the SIPapproved rule and includes the

following significant changes from the

current SIP:

• U.S. Forest Service is deleted as an

agency authorized to issue burn permits.

• The specific California Division of

Forestry and local fire protection

districts are listed by name.

There is currently no version of

LCAQMD Section (Rule) 1010, (No-Burn

Day) in the SIP. This is a new rule that

states that the Air Pollution Control

Officer shall designate and provide

notice of No-Burn Days, in order to

protect ambient air quality.

There is currently no version of

LCAQMD Section (Rule) 1350, Burning

of Standing Tule, in the SIP. This is a

new rule that regulates the burning of

standing tule and requires a burn

permit.

There is currently no version of

MCAPCD Rule 4.11, Orchard Heaters, in

the SIP. The submitted rule includes the

following provisions:

• Restricts the use of orchard heaters

to those approved by the California Air

Resources Board.

• Limits the emissions to not more

than one gram per minute of

unconsumed solid carbonaceous

material.

On various dates, EPA approved into

the SIP versions of Fuel Burning

Equipment rules for the eight counties

that now comprise the SJVUAPCD.

Submitted Rule 4301, Fuel Burning

Equipment, replaces these rules and

includes no significant changes from the

SIP versions from the eight counties.

Rule 4301 is equally as stringent as

similar rules in other districts. EPA has

determined that submitted Rule 4301

meets the requirements of RACM.

On August 6, 1990, EPA approved

into the SIP a version of VCAPCD Rule

56, Open Fires. Submitted VCAPCD

Rule 56, Open Fires, replaces this rule

and includes the following significant

changes from the current SIP:

• Burning is prohibited on Ban Days,

which have been redefined as days

when the ambient ozone concentration

is or is predicted to exceed the

California ozone standard of 0.09 ppm

by volume.

• Persons who burn agricultural

waste are now required to notify the

District both before and after burning

occurs.

EPA has evaluated the submitted

rules and has determined that they are

consistent with the CAA, EPA

regulations, and EPA policy. Therefore,

the following rules are being approved

under section 110(k)(3) of the CAA as

meeting the requirements of section

110(a) and part D:

• KCAPCD Rule 409, Fuel Burning

Equipment (submitted June 23, 1998).

• LCAQMD Section (Rule) 248.5,

Prescribed Burning (Definition)

(submitted February 7, 1989).

• LCAQMD Section (Rule) 270,

Wildland Vegetation Management

Burning (Definition) (submitted

February 7, 1989).

• LCAQMD Section (Rule) 640,

(Permit Exemptions) (submitted March

10, 1998).

• LCAQMD Section (Rule) 1002,

(Agencies Authorized to Issue Permits)

(submitted May 18, 1998).

• LCAQMD Section (Rule) 1010, (NoBurn Day) (submitted March 26, 1990).

• LCAQMD Section (Rule) 1350,

Burning of Standing Tule (submitted

March 10, 1998).

• MCAPCD Rule 4.11, Orchard

Heaters (submitted December 31, 1990).

• NSAQMD Rule 211, Process Weight

per Hour (submitted October 28, 1996).

• SJVUAPCD Rule 4301, Fuel

Burning Equipment (submitted

September 28, 1994).

• VCAPCD Rule 56, Open Fires

(submitted May 24, 1994).

A more detailed evaluation can be

found in EPA’s evaluation reports for

these rules.

EPA is publishing this rule without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in the proposed

rules section of this Federal Register

publication, EPA is publishing a

separate document that will serve as the

proposal to approve the SIP revision

should relevant adverse comments be

filed. This rule will be effective July 19,

1999 without further notice unless the

Agency receives relevant adverse

comments by June 17, 1999.

If the EPA receives such comments,

then EPA will publish a timely

withdrawal informing the public that

the rule will not take effect. All public

comments received will then be

addressed in a subsequent final rule

based on the proposed rule. The EPA

will not institute a second comment

period on this rule. Any parties

interested in commenting on this rule

should do so at this time. If no such

comments are received, the public is

advised that this rule will be effective

on July 19, 1999 and no further action

will be taken on the proposed rule.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from Executive Order (E.O.)

12866, Regulatory Planning and Review.

B. Executive Order 12875

Under Executive Order 12875,

Enhancing the Intergovernmental

Partnership, EPA may not issue a

regulation that is not required by statute

and that creates a mandate upon a State,

local or tribal government, unless the

Federal government provides the funds

necessary to pay the direct compliance

costs incurred by those governments, or

EPA consults with those governments. If

EPA complies by consulting, Executive

Order 12875 requires EPA to provide to

the Office of Management and Budget a

description of the extent of EPA’s prior

consultation with representatives of

affected State, local and tribal

governments, the nature of their

concerns, copies of any written

communications from the governments,

and a statement supporting the need to

issue the regulation. In addition,

Executive Order 12875 requires EPA to

develop an effective process permitting

elected officials and other

representatives of State, local and tribal

governments ‘‘to provide meaningful

and timely input in the development of

regulatory proposals containing

significant unfunded mandates.’’

Today’s rule does not create a mandate

on State, local or tribal governments.

The rule does not impose any

enforceable duties on these entities.

Accordingly, the requirements of
Federal Register / Vol. 64, No. 95 /Tuesday, May 18, 1999 /Rules and Regulations 26879

section 1(a) of E.O. 12875 do not apply

to this rule.

C. Executive Order 13045

Protection of Children from

Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997),

applies to any rule that: (1) is

determined to be ‘‘economically

significant’’ as defined under E.O.

12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency. This rule is

not subject to E.O. 13045 because it does

not involve decisions intended to

mitigate environmental health or safety

risks.

D. Executive Order 13084

Under Executive Order 13084,

Consultation and Coordination with

Indian Tribal Governments, EPA may

not issue a regulation that is not

required by statute, that significantly or

uniquely affects the communities of

Indian tribal governments, and that

imposes substantial direct compliance

costs on those communities, unless the

Federal government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments, or EPA consults with

those governments. If EPA complies by

consulting, Executive Order 13084

requires EPA to provide to the Office of

Management and Budget, in a separately

identified section of the preamble to the

rule, a description of the extent of EPA’s

prior consultation with representatives

of affected tribal governments, a

summary of the nature of their concerns,

and a statement supporting the need to

issue the regulation. In addition,

Executive Order 13084 requires EPA to

develop an effective process permitting

elected officials and other

representatives of Indian tribal

governments ‘‘to provide meaningful

and timely input in the development of

regulatory policies on matters that

significantly or uniquely affect their

communities.’’ Today’s rule does not

significantly or uniquely affect the

communities of Indian tribal

governments. Accordingly, the

requirements of section 3(b) of E.O.

13084 do not apply to this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA)

generally requires an agency to conduct

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements unless the

agency certifies that the rule will not

have a significant economic impact on

a substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

small governmental jurisdictions. This

final rule will not have a significant

impact on a substantial number of small

entities because SIP approvals under

section 110 and subchapter I, part D of

the Clean Air Act do not create any new

requirements but simply approve

requirements that the State is already

imposing. Therefore, because the

Federal SIP approval does not create

any new requirements, I certify that this

action will not have a significant

economic impact on a substantial

number of small entities. Moreover, due

to the nature of the Federal-State

relationship under the Clean Air Act,

preparation of flexibility analysis would

constitute Federal inquiry into the

economic reasonableness of state action.

The Clean Air Act forbids EPA to base

its actions concerning SIPs on such

grounds. Union Electric Co., v. U.S.

EPA, 427 U.S. 246, 255–66 (1976); 42

U.S.C. 7410(a)(2).

F. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated annual costs to

State, local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated annual costs of $100 million

or more to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

G. Submission to Congress and the

Comptroller General

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. This rule is not a

‘‘major’’ rule as defined by 5 U.S.C.

804(2).

H. Petitions for Judicial Review

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 July 19, 1999.

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,

Reporting and recordkeeping

requirements, Particulate matter.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Dated: April 9, 1999.

David P. Howekamp,

Acting Regional Administrator, Region IX.

Part 52, Chapter I, Title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

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 paragraphs (c)(177)(i)(F),
26880 Federal Register / Vol. 64, No. 95 /Tuesday, May 18, 1999 /Rules and Regulations

(179)(i)(F), (182)(i)(F)(2), (197)(i)(D)(2),

(199)(i)(D)(4), (246)(i)(A)(2), (254)(i)(J),

(255)(i)(D), and (256)(i)(C)(2) to read as

follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(177) * * *

(i) * * *

(F) Lake County Air Quality

Management District.

(1) Rules 248.5 and 270, adopted on

December 6, 1988.

* * * * *

(179) * * *

(i) * * *

(F) Lake County Air Quality

Management District.

(1) Rule 1010, adopted on June 13,

1989.

* * * * *

(182) * * *

(i) * * *

(F) * * *

(2) Rule 4.11, adopted on January 3,

1989.

* * * * *

(197) * * *

(i) * * *

(D) * * *

(2) Rule 56, adopted on October 22,

1968, as amended on March 29, 1994.

* * * * *

(199) * * *

(i) * * *

(D) * * *

(4) Rule 4301, adopted on May 21,

1992, as amended on December 17,

1992.

* * * * *

(246) * * *

(i) * * *

(A) * * *

(2) Rule 211, adopted on September

11, 1991.

* * * * *

(254) * * *

(i) * * *

(J) Lake County Air Quality

Management District.

(1) Rule 640, as amended on July 15,

1997; and Rule 1350, adopted on

October 15, 1996.

* * * * *

(255) * * *

(i) * * *

(D) Lake County Air Quality

Management District.

(1) Rule 1002, as amended on March

19, 1996.

* * * * *

(256) * * *

(i) * * *

(C) * * *

(2) Rule 409, adopted on April 18,

1972, as amended on May 7, 1998.

* * * * *

[FR Doc. 99–12157 Filed 5–17–99; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MN38–01–6971a; FRL–6339–5]

Approval and promulgation of State

Implementation Plans; Minnesota

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: This action approves

revisions to the Minnesota State

Implementation Plan (SIP) permitting

program which add new sections to

Minnesota’s Air Emission Permits Rule

7007 and Standards for Stationary

Sources Rule 7011. The Minnesota

Pollution Control Agency

(MPCA)submitted these new sections to

the Environmental Protection Agency

(EPA) on January 12, 1995. The new

permitting rules will streamline the

permitting process in Minnesota and,

thereby, reduce the permitting burden

on both sources within the State and the

MPCA. Rules 7007 and 7011 are revised,

respectively, by the addition of the

Registration Permit Rule and the Control

Equipment Rule. In the proposed rules

section of this Federal Register, EPA is

proposing approval of, and soliciting

comments on, these SIP revisions. If

adverse comments are received on this

action, EPA will withdraw this final

rule and address the comments received

in response to this action in a final rule

on the related proposed rule. A second

public comment period will not be held.

Parties interested in commenting on this

action should do so at this time.

DATES: This ‘‘direct final’’ rule will be

effective July 19, 1999, unless EPA

receives adverse or critical comments by

June 17, 1999. If adverse comment is

received, EPA will publish a timely

withdrawal of the direct final rule in the

Federal Register informing the public

that the rule will not take effect.

ADDRESSES: Written comments should

be sent to Robert Miller, Chief, Permits

and Grants Section, Air Programs

Branch(AR–18J), United Environmental

Protection Agency, 77 West Jackson

Boulevard, Chicago, Illinois 60604. (It is

recommended that you telephone

Rachel Rineheart at (312) 886–7017

before visiting the Region 5 Office.) A

copy of these SIP revisions are available

for inspection at the following location:

Office of Air and Radiation (OAR)

Docket and Information Center (Air

Docket 6102), room M1500, United

States Environmental Protection

Agency, 401 M Street S.W., Washington,

D.C. 20460, (202) 260–7548.

FOR FURTHER INFORMATION CONTACT:

Rachel Rineheart, Permits and Grants

Section(AR–18J), Air Programs Branch,

Air and Radiation Division, United

States Environmental Protection

Agency, Region 5, 77 West Jackson

Boulevard, Chicago, Illinois 60604,

(312) 886–7017.

SUPPLEMENTARY INFORMATION:

I. Background

Minnesota has created two new

permitting rules to the Minnesota SIP

permitting program. The first rule,

Registration Permit Rule, specifies

certain limitations under which sources

may elect to operate. If an owner or

operator elects to comply with the rule,

it must register with the State, and the

State will issue a generic permit that

requires operation in compliance with

the applicable sections of the Minnesota

Rules. The second addition to the

Minnesota SIP permitting program is the

Control Equipment Rule. This rule

establishes control efficiencies for addon pollution control equipment that can

be used in determining a source’s

potential to emit, and requires the

source to use the control equipment.

A. Registration Permit Rule

This rule establishes regulatory

options for certain categories of smaller

sources. MPCA has developed four

categories of options under this rule. A

source qualifying under one of these

options will register with the State,

indicating that it has accepted the

limitations contained in the rule for that

option. EPA is approving options A, B,

and D, but is disapproving option C.

Option A. To qualify for permitting

under Option A, a source must have a

potential to emit less than the major

source thresholds without emission

control equipment or other limitations

on production or operation. Qualifying

owners or operators of stationary

sources are only required to obtain a

permit if the source is subject to one of

the New Source Performance Standards

(NSPS) listed below:

1. 40 CFR part 60, subpart Dc, Standards

of Performance for Small IndustrialCommercial-Institutional Stream Generating

Units.

2. 40 CFR part 60, subpart K, Standards of

Performance for Storage Vessels for

Petroleum Liquids for which Construction,

Reconstruction or Modification Commenced