[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)]
[Proposed Rules]
[Pages 43576-43586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18408]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0133; FRL-9982-76--Region 9]


Air Plan Revisions; California; Technical Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
delete various local rules from the California State Implementation 
Plan (SIP) that were approved in error. These rules include general 
nuisance provisions, certain federal performance requirements, hearing 
board procedures, variance provisions, and local fee provisions. The 
EPA has determined that the continued presence of these rules in the 
SIP is potentially confusing and thus problematic for affected sources, 
the state, local agencies, and the EPA. The intended effect of this 
proposal is to delete these rules to make the SIP consistent with the 
Clean Air Act. The EPA is also proposing to make certain other 
corrections to address errors made in previous actions taken by the EPA 
on California SIP revisions.

DATES: Any comments must arrive by September 26, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2018-0133 at http://www.regulations.gov, or via email to Kevin 
Gong, at <a href="/cdn-cgi/l/email-protection#c7a0a8a9a0e9aca2b1aea987a2b7a6e9a0a8b1"><span class="__cf_email__" data-cfemail="3651595851185d53405f587653465718515940">[email protected]</span></a>. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be removed or edited from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, (415) 972-
3073, <a href="/cdn-cgi/l/email-protection#74131b1a135a1f11021d1a341104155a131b02"><span class="__cf_email__" data-cfemail="deb9b1b0b9f0b5bba8b7b09ebbaebff0b9b1a8">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

Table of Contents

I. Why is the EPA proposing to correct the SIP?
II. What is the EPA's authority to correct errors in SIP 
rulemakings?
III. Which rules are proposed for deletion?
IV. What other corrections is the EPA proposing to make?
V. Proposed Action and Request for Public Comment
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. Why is the EPA proposing to correct the SIP?

    The Clean Air Act (CAA or ``Act'') was first enacted in 1970. In 
the 1970s and early 1980s, thousands of state and local agency 
regulations were submitted to the EPA for incorporation into the SIP to 
fulfill the new federal requirements. In many cases, states submitted 
entire regulatory air pollution programs, including many elements not 
required by the Act. Due to time and resource constraints, the EPA's 
review of these submittals focused primarily on the new substantive 
requirements, and we approved many other elements into the SIP with 
minimal review. We now recognize that many of these elements were not 
appropriate for approval into the SIP. In general, these elements are 
appropriate for state and local agencies to adopt and implement, but it 
is not necessary or appropriate to make them federally enforceable by 
incorporating them into the applicable SIP. These include:
    A. Rules that prohibit emissions causing general nuisance or 
annoyance in the community.\1\ Such rules address local issues but have 
essentially no connection to the purposes for which SIPs are developed 
and approved, namely the implementation, maintenance, and enforcement 
of the

[[Page 43577]]

national ambient air quality standards (NAAQS). See CAA section 
110(a)(1).
---------------------------------------------------------------------------

    \1\ An example of such a rule is as follows: A person shall not 
discharge from any source whatsoever such quantities of air 
contaminants or other material which cause injury, detriment, 
nuisance or annoyance to any considerable number of persons or to 
the public or which endanger the comfort, repose, health or safety 
of any such persons or the public or which cause or have a natural 
tendency to cause injury or damage to business or property.
---------------------------------------------------------------------------

    B. Local adoption of federal New Source Performance Standards 
(NSPS) or National Emission Standards for Hazardous Air Pollutants 
(NESHAP) requirements either by reference or by adopting text identical 
or modified from the requirements found in 40 Code of Federal 
Regulations (CFR) part 60 or 61. Because the EPA has independent 
authority to implement 40 CFR parts 60 and 61, it is not appropriate to 
make parallel local authorities federally enforceable by approving them 
into the applicable SIP.
    C. Rules that govern local hearing board procedures and other 
administrative requirements such as fees, frequency of meetings, 
salaries paid to board members, and procedures for petitioning for a 
local hearing.
    D. Variance provisions that provide for modification of the 
requirements of the applicable SIP. State- or district-issued variances 
provide an applicant with a mechanism to obtain relief from state 
enforcement of a state or local rule under certain conditions. Pursuant 
to federal law, specifically section 110(i) of the CAA, 42 U.S.C. 
7410(i), neither the EPA nor a state may revise a SIP by issuing an 
``order, suspension, plan revision or other action modifying any 
requirement of an applicable implementation plan'' without a plan 
promulgation or revision. The EPA and California have long recognized 
that a state-issued variance, though binding as a matter of state law, 
does not prevent the EPA from enforcing the underlying SIP provisions 
unless and until the EPA approves that variance as a SIP revision. The 
variance provisions included in this action are deficient for various 
reasons, including their failure to address the fact that a state- or 
district-issued variance has no effect on federal enforceability unless 
the variance is submitted to and approved by the EPA as a SIP revision. 
Therefore, their inclusion in the SIP is inconsistent with the Act and 
may be confusing to regulated industry and the general public. 
Moreover, because state-issued variances require independent EPA 
approval to modify the substantive requirements of a SIP, removal of 
these variance provisions from the SIP will have no effect on regulated 
entities. See Industrial Environmental Association v. Browner, No. 97-
71117 (9th Cir., May 26, 2000).
    E. Local fee provisions that are not economic incentive programs 
and are not designed to replace or relax a SIP emission limit. While it 
is appropriate for local agencies to implement fee provisions, for 
example, to recover costs for issuing permits, it is generally not 
appropriate to make local fee collection federally enforceable.

II. What is the EPA's authority to correct errors in SIP rulemakings?

    Section 110(k)(6) of the CAA, as amended in 1990, provides that, 
whenever the EPA determines that the EPA's action approving, 
disapproving, or promulgating any plan or plan revision (or part 
thereof), area designation, redesignation, classification or 
reclassification was in error, the EPA may in the same manner as the 
approval, disapproval, or promulgation revise such action as 
appropriate without requiring any further submission from the state. 
Such determination and the basis thereof must be provided to the state 
and the public. We interpret this provision to authorize the EPA to 
make corrections to a promulgated regulation when it is shown to our 
satisfaction (or we discover) that (1) we clearly erred by failing to 
consider or by inappropriately considering information made available 
to the EPA at the time of the promulgation, or the information made 
available at the time of promulgation is subsequently demonstrated to 
have been clearly inadequate, and (2) other information persuasively 
supports a change in the regulation. See 57 FR 56762, at 56763 
(November 30, 1992) (correcting designations, boundaries, and 
classifications of ozone, carbon monoxide, particulate matter and lead 
areas).

III. Which rules are proposed for deletion?

    The EPA has determined that the rules listed in Table 1 below are 
inappropriate for inclusion in the SIP, but were previously approved 
into the SIP in error. Dates that these rules were submitted by the 
state and approved by the EPA are provided. We are proposing deletion 
of these rules and any earlier versions of these rules from the 
individual air pollution control district portions of the California 
SIP under CAA section 110(k)(6) as inconsistent with the requirements 
of CAA section 110. A brief discussion of the proposed deletions is 
provided in the following paragraphs.

                             Table 1--Local Air District Rules Proposed for Deletion
----------------------------------------------------------------------------------------------------------------
        Rule or regulation                  Title                   Submittal date              EPA approval
----------------------------------------------------------------------------------------------------------------
                               Amador County Air Pollution Control District (APCD)
----------------------------------------------------------------------------------------------------------------
Rule 5............................  Nuisance.............  June 30, 1972..................  37 FR 19812
                                                                                             (September 22,
                                                                                             1972).
Rule 6............................  Additional Exception.  June 30, 1972..................  37 FR 19812
                                                                                             (September 22,
                                                                                             1972).
----------------------------------------------------------------------------------------------------------------
                             Antelope Valley Air Quality Management District (AQMD)
----------------------------------------------------------------------------------------------------------------
Los Angeles County APCD Rule 51...  Nuisance.............  June 30, 1972..................  37 FR 19812
                                                                                             (September 22,
                                                                                             1972).
----------------------------------------------------------------------------------------------------------------
                                                  Bay Area AQMD
----------------------------------------------------------------------------------------------------------------
Division 11.......................  Hydrogen Sulfide.....  February 21, 1972..............  37 FR 10842 (May 31,
                                                                                             1972).
Section 11101.....................  [establishes hydrogen  November 2, 1973...............  42 FR 23802 (May 11,
                                     sulfide limits].                                        1977); corrected at
                                                                                             42 FR 42219 (August
                                                                                             22, 1977).
Regulation 8......................  Emission Standards     January 10, 1975...............  42 FR 23802 (May 11,
                                     for Hazardous                                           1977).
                                     Pollutants.
----------------------------------------------------------------------------------------------------------------
                                                Butte County AQMD
----------------------------------------------------------------------------------------------------------------
Section 2-1.......................  [general nuisance      February 21, 1972..............  37 FR 10842 (May 31,
                                     provision].                                             1972).
Rule 619..........................  Effective Date of      February 10, 1986..............  52 FR 3226 (February
                                     Decision.                                               3, 1987).
----------------------------------------------------------------------------------------------------------------

[[Page 43578]]

 
                                              Calaveras County APCD
----------------------------------------------------------------------------------------------------------------
Rule 205..........................  Nuisance.............  July 22, 1975..................  42 FR 23803 (May 11,
                                                                                             1977); corrected at
                                                                                             42 FR 42219 (August
                                                                                             22, 1977).
Rule 603..........................  Hearing Board Fees...  July 22, 1975..................  42 FR 23803 (May 11,
                                                                                             1977); corrected at
                                                                                             42 FR 42219 (August
                                                                                             22, 1977).
----------------------------------------------------------------------------------------------------------------
                                               Colusa County APCD
----------------------------------------------------------------------------------------------------------------
Rule 4.5..........................  Nuisance.............  June 30, 1972..................  37 FR 19812
                                                                                             (September 22,
                                                                                             1972).
Rule 4.6..........................  Additional Exception.  June 30, 1972..................  37 FR 19812
                                                                                             (September 22,
                                                                                             1972).
----------------------------------------------------------------------------------------------------------------
                                                Eastern Kern APCD
----------------------------------------------------------------------------------------------------------------
Kern County APCD Rule 419.........  Nuisance.............  June 30, 1972..................  37 FR 19812
                                                                                             (September 22,
                                                                                             1972).
Kern County APCD Rule 420.........  Exception............  June 30, 1972..................  37 FR 19812
                                                                                             (September 22,
                                                                                             1972).
----------------------------------------------------------------------------------------------------------------
                                              El Dorado County AQMD
----------------------------------------------------------------------------------------------------------------
Rule 52...........................  Nuisance.............  February 21, 1972..............  37 FR 10842 (May 31,
                                                                                             1972).
Rule 53...........................  Exceptions to Rule 52  February 21, 1972..............  37 FR 10842 (May 31,
                                                                                             1972).
Rule 706..........................  Failure to Comply      May 23, 1979...................  46 FR 27115 (May 18,
                                     with Rules.                                             1981).
----------------------------------------------------------------------------------------------------------------
                                               Feather River AQMD
----------------------------------------------------------------------------------------------------------------
Yuba County Rule 9.7..............  Permit Actions.......  March 30, 1981.................  47 FR 15585 (April
                                                                                             12, 1982).
Yuba County Rule 9.8..............  Variance Actions.....  March 30, 1981.................  47 FR 15585 (April
                                                                                             12, 1982).
----------------------------------------------------------------------------------------------------------------
                                                Glenn County APCD
----------------------------------------------------------------------------------------------------------------
Rule 78...........................  Nuisance.............  June 30, 1972..................  37 FR 19812
                                                                                             (September 22,
                                                                                             1972).
Rule 79...........................  Exceptions...........  June 30, 1972..................  37 FR 19812
                                                                                             (September 22,
                                                                                             1972).
----------------------------------------------------------------------------------------------------------------
                                            Great Basin Unified APCD
----------------------------------------------------------------------------------------------------------------
Rule 402..........................  Nuisance.............  April 21, 1976.................  42 FR 28883 (June 6,
                                                                                             1977).
Rule 617..........................  Emergency Variances..  December 17, 1979..............  46 FR 8471 (January
                                                                                             27, 1981).
----------------------------------------------------------------------------------------------------------------
                                              Imperial County APCD
----------------------------------------------------------------------------------------------------------------
Rule 117..........................  Nuisances............  February 21, 1972..............  37 FR 10842 (May 31,
                                                                                             1972).
Rule 513..........................  Record of Proceedings  November 4, 1977...............  43 FR 35694 (August
                                                                                             11, 1978).
----------------------------------------------------------------------------------------------------------------
                                                Lake County AQMD
----------------------------------------------------------------------------------------------------------------
Section 1602......................  Petition Procedures..  March 30, 1981.................  47 FR 15784 (April
                                                                                             13, 1982).
Section 1701.Q....................  [excess emissions      February 10, 1986..............  52 FR 3226 (February
                                     estimate for                                            3, 1987).
                                     variance petitions].
----------------------------------------------------------------------------------------------------------------
                                               Lassen County APCD
----------------------------------------------------------------------------------------------------------------
Rule 3:2..........................  Permit Fees..........  June 30, 1972..................  37 FR 19812
                                                                                             (September 22,
                                                                                             1972).
Rule 3:3..........................  Permit Fee Schedules.  June 30, 1972..................  37 FR 19812
                                                                                             (September 22,
                                                                                             1972).
Rule 3:4..........................  Analysis Fees........  June 30, 1972..................  37 FR 19812
                                                                                             (September 22,
                                                                                             1972).
Rule 3:5..........................  Technical Reports,     June 30, 1972..................  37 FR 19812
                                     Charges For.                                            (September 22,
                                                                                             1972).
Rule 4:2..........................  Nuisance.............  June 30, 1972..................  37 FR 19812
                                                                                             (September 22,
                                                                                             1972).
----------------------------------------------------------------------------------------------------------------
                                              Mariposa County APCD
----------------------------------------------------------------------------------------------------------------
Rule 205..........................  Nuisance.............  January 10, 1975...............  42 FR 42219 (August
                                                                                             22, 1977).
----------------------------------------------------------------------------------------------------------------
                                              Mendocino County APCD
----------------------------------------------------------------------------------------------------------------
Rule 4.A..........................  General..............  February 21, 1972..............  37 FR 10842 (May 31,
                                                                                             1972).
Rule 620..........................  Hearing Procedures...  August 6, 1982.................  47 FR 50864
                                                                                             (November 10,
                                                                                             1982).
----------------------------------------------------------------------------------------------------------------
                                                Modoc County APCD
----------------------------------------------------------------------------------------------------------------
Rule 3:2..........................  Nuisance.............  June 30, 1972..................  37 FR 19812
                                                                                             (September 22,
                                                                                             1972).
Rule 3:6..........................  Additional Exception.  June 30, 1972..................  37 FR 19812
                                                                                             (September 22,
                                                                                             1972).
----------------------------------------------------------------------------------------------------------------

[[Page 43579]]

 
                                               Mojave Desert AQMD
----------------------------------------------------------------------------------------------------------------
Riverside County Rule 51..........  Nuisance.............  February 21, 1972..............  37 FR 10842 (May 31,
                                                                                             1972).
Riverside County APCD Rule 106....  Record of Proceedings  February 21, 1972..............  37 FR 10842 (May 31,
                                                                                             1972).
South Coast AQMD Rule 1231........  Judicial Review......  January 2, 1979................  45 FR 30626 (May 9,
                                                                                             1980).
----------------------------------------------------------------------------------------------------------------
                                       Monterey Bay Air Resources District
----------------------------------------------------------------------------------------------------------------
Monterey-Santa Cruz County Unified  Nuisance.............  February 21, 1972..............  37 FR 10842 (May 31,
 APCD Rule 402.                                                                              1972).
San Benito County APCD Rule 403...  Nuisance.............  February 21, 1972..............  37 FR 10842 (May 31,
                                                                                             1972).
----------------------------------------------------------------------------------------------------------------
                                            North Coast Unified AQMD
----------------------------------------------------------------------------------------------------------------
Del Norte County APCD Regulation    [untitled but          February 21, 1972..............  37 FR 10842 (May 31,
 IV, introductory paragraph.         represents a general                                    1972).
                                     nuisance type of
                                     provision].
Del Norte County APCD Rule 340....  Technical Report       November 10, 1976..............  43 FR 25677 (June
                                     Charges.                                                14, 1978).
Del Norte County APCD Rule 620....  Hearing Procedures...  November 10, 1976..............  43 FR 25677 (June
                                                                                             14, 1978).
Del Norte County APCD Rule 620....  Hearing Procedures...  August 6, 1982.................  47 FR 50864
                                                                                             (November 10,
                                                                                             1982).
Del Norte County APCD Rule 630....  Decisions............  November 10, 1976..............  43 FR 25677 (June
                                                                                             14, 1978).
Del Norte County APCD Rule 640....  Record of Proceedings  November 10, 1976..............  43 FR 25677 (June
                                                                                             14, 1978).
Del Norte County APCD Rule 650....  Appeal of Decision...  November 10, 1976..............  43 FR 25677 (June
                                                                                             14, 1978).
Humboldt County APCD Rule 51......  Prohibited Emissions.  February 21, 1972..............  37 FR 10842 (May 31,
                                                                                             1972).
Trinity County APCD Regulation IV,  [untitled but          June 30, 1972..................  37 FR 19812
 introductory paragraph.             represents a general                                    (September 22,
                                     nuisance type of                                        1972).
                                     provision].
Trinity County APCD Rule 56.......  Failure to Comply      June 30, 1972..................  37 FR 19812
                                     with Rules.                                             (September 22,
                                                                                             1972).
Trinity County APCD Rule 62.......  Preliminary Matters..  June 30, 1972..................  37 FR 19812
                                                                                             (September 22,
                                                                                             1972).
Trinity County APCD Rule 67.......  Lack of Permit.......  June 30, 1972..................  37 FR 19812
                                                                                             (September 22,
                                                                                             1972).
Trinity County APCD Rule 68.......  Issuance of            June 30, 1972..................  37 FR 19812
                                     Subpoenas, Subpoenas                                    (September 22,
                                     Duces Tecum.                                            1972).
Trinity County APCD Rule 620......  Hearing Procedures...  August 6, 1982.................  47 FR 50864
                                                                                             (November 10,
                                                                                             1982).
----------------------------------------------------------------------------------------------------------------
                                              Northern Sierra AQMD
----------------------------------------------------------------------------------------------------------------
Nevada County APCD Rule 700.......  Applicable Articles    June 6, 1977...................  43 FR 41039
                                     of the Health and                                       (September 14,
                                     Safety Code.                                            1978).
Nevada County APCD Rule 703         Contents of Petitions  June 6, 1977...................  43 FR 41039
 (paragraphs (E) and (I)).                                                                   (September 14,
                                                                                             1978).
Nevada County APCD Rule 711.......  Evidence.............  April 10, 1975.................  43 FR 25687 (June
                                                                                             14, 1978).
Plumas County APCD Rule 51........  Prohibited Emissions.  June 30, 1972..................  37 FR 19812
                                                                                             (September 22,
                                                                                             1972).
Plumas County APCD Rule 516         Emergency Variance     June 22, 1981..................  47 FR 17486 (April
 (paragraph (C)).                    Provisions.                                             23, 1982).
Plumas County APCD Rule 701.......  General..............  January 10, 1975...............  43 FR 25680 (June
                                                                                             14, 1978).
Plumas County APCD Rule 702.......  Filing Petitions.....  January 10, 1975...............  43 FR 25680 (June
                                                                                             14, 1978).
Plumas County APCD Rule 703.......  Contents of Petitions  June 22, 1981..................  47 FR 17486 (April
                                                                                             23, 1982).
Plumas County APCD Rule 704.......  Petitions for          January 10, 1975...............  43 FR 25680 (June
                                     Variances.                                              14, 1978).
Plumas County APCD Rule 710.......  Notice of Public       June 22, 1981..................  47 FR 17486 (April
                                     Hearing.                                                23, 1982).
Plumas County APCD Rule 711.......  Evidence.............  January 10, 1975...............  43 FR 25680 (June
                                                                                             14, 1978).
Plumas County APCD Rule 712.......  Preliminary Matters..  January 10, 1975...............  43 FR 25680 (June
                                                                                             14, 1978).
Plumas County APCD Rule 713.......  Official Notice......  January 10, 1975...............  43 FR 25680 (June
                                                                                             14, 1978).
Plumas County APCD Rule 714.......  Continuances.........  January 10, 1975...............  43 FR 25680 (June
                                                                                             14, 1978).
Plumas County APCD Rule 715.......  Decision.............  January 10, 1975...............  43 FR 25680 (June
                                                                                             14, 1978).
Plumas County APCD Rule 716.......  Effective Date of      January 10, 1975...............  43 FR 25680 (June
                                     Decision.                                               14, 1978).
Sierra County APCD Rule 516         Emergency Variance     June 22, 1981..................  47 FR 17486 (April
 (paragraph (C)).                    Provisions.                                             23, 1982).
Sierra County APCD Rule 703.......  Contents of Petitions  June 22, 1981..................  47 FR 17486 (April
                                                                                             23, 1982).
Sierra County APCD Rule 710.......  Notice of Public       June 22, 1981..................  47 FR 17486 (April
                                     Hearing.                                                23, 1982).
----------------------------------------------------------------------------------------------------------------
                                           Northern Sonoma County APCD
----------------------------------------------------------------------------------------------------------------
52................................  Nuisance.............  June 30, 1972..................  37 FR 19812
                                                                                             (September 22,
                                                                                             1972).
85................................  Failure to Comply      June 30, 1972..................  37 FR 19812
                                     with Rules.                                             (September 22,
                                                                                             1972).
91................................  Preliminary Matters..  June 30, 1972..................  37 FR 19812
                                                                                             (September 22,
                                                                                             1972).
96................................  Lack of Permit.......  June 30, 1972..................  37 FR 19812
                                                                                             (September 22,
                                                                                             1972).
600...............................  Authorization........  October 16, 1985...............  52 FR 12522 (April
                                                                                             17, 1987).
610...............................  Petition Procedure...  October 16, 1985...............  52 FR 12522 (April
                                                                                             17, 1987).
620...............................  Hearing Procedures...  August 6, 1982.................  47 FR 50864
                                                                                             (November 10,
                                                                                             1982).
----------------------------------------------------------------------------------------------------------------


[[Page 43580]]

Amador County APCD

    Amador County APCD Rule 5 (Nuisance) is a general-nuisance type of 
prohibitory rule. As such, Rule 5 was inappropriate for inclusion in 
the SIP and, thus, was approved by the EPA in error. Amador County APCD 
Rule 6 (Additional Exception) provides an exception to Amador County 
APCD Rule 5 and should be deleted if Rule 5 is deleted. In this action, 
we are proposing to delete Amador County APCD Rules 5 and 6 from the 
Amador County portion of the California SIP.

Antelope Valley AQMD

    Formed in 1997, the Antelope Valley AQMD administers air quality 
management programs in the Southeast Desert portion of Los Angeles 
County that is referred to as ``Antelope Valley.'' The Antelope Valley 
AQMD portion of the California SIP includes rules adopted by various 
air pollution control agencies that had jurisdiction over stationary 
sources in Antelope Valley since 1972, including the Los Angeles County 
APCD, the Southern California APCD, the South Coast AQMD, and the 
Antelope Valley AQMD. Los Angeles County APCD Rule 51 (Nuisance) is a 
general-nuisance type of prohibitory rule. As such, Rule 51 was 
inappropriate for inclusion in the SIP and, thus, was approved by the 
EPA in error. Although Rule 51 was rescinded in the South Coast AQMD 
portion of Los Angeles County at 64 FR 71660 (December 22, 1999), the 
rescission did not apply within the Antelope Valley AQMD portion of the 
county because, by the time of the 1999 action, the South Coast AQMD no 
longer had jurisdiction within the Antelope Valley portion of Los 
Angeles County. In this action, we propose to delete Los Angeles County 
APCD Rule 51 (Nuisance) from the Antelope Valley AQMD portion of the 
California SIP.

Bay Area AQMD

    Bay Area AQMD Division 11 (Hydrogen Sulfide) (including sections 
11100, 11101, 11102, 11102.1-11102.8) was approved as part of the 
original SIP for the Bay Area AQMD portion of the California SIP. 
Section 11101, which is untitled but establishes hydrogen sulfide 
limits, was superseded by approval of Section 11101 at 42 FR 23802 (May 
11, 1977), as corrected and recodified at 42 FR 42219 (August 22, 
1977). There has never been a NAAQS for hydrogen sulfide, and thus, Bay 
Area AQMD Division 11 (including sections 11100, 11101, 11102, 11102.1-
11102.8) does not relate to the NAAQS and was approved in error.
    Bay Area AQMD Regulation 8 (Emission Standards for Hazardous 
Pollutants), as approved in 1977, includes certain definitions and four 
substantive rules: Rule 1 (NESHAPS General Provisions), Rule 2 
(Emission Standard for Asbestos), Rule 3 (Emission Standard for 
Beryllium), and Rule 4 (Emission Standard for Beryllium Rocket Motor 
Firing). Bay Area AQMD Regulation 8 adopts text identical or modified 
from the requirements found in 40 CFR part 60 or 61, and because the 
EPA has independent authority to implement 40 CFR parts 60 and 61, it 
was not appropriate to make parallel local authorities federally 
enforceable by approving Regulation 8 into the Bay Area AQMD portion of 
the California SIP. In this action, we are proposing to delete Division 
11 (including the amended version of section 11101), and Regulation 8 
from the BAAQMD portion of the California SIP.

Butte County AQMD

    Butte County AQMD Section 2-1 is a general-nuisance type of 
prohibitory rule. As such, Section 2-1 was inappropriate for inclusion 
in the SIP and, thus, was approved by the EPA in error. Butte County 
AQMD Rule 619 (Effective Date of Decision) relates to hearing board 
procedures, and as such, was inappropriate for inclusion in the SIP and 
was thus approved by the EPA in error. In this action, we are proposing 
to delete Section 2-1 and Rule 619 from the Butte County AQMD portion 
of the California SIP.

Calaveras County APCD

    Calaveras County APCD Rule 205 (Nuisance) is a general-nuisance 
type of prohibitory rule. As such, Rule 205 was inappropriate for 
inclusion in the SIP and, thus, was approved by the EPA in error. 
Calaveras County APCD Rule 603 (Hearing Board Fees) relates to hearing 
board procedures, and as such, was inappropriate for inclusion in the 
SIP and was thus approved by the EPA in error. In this action, we are 
proposing to delete Rules 205 and 603 from the Calaveras County APCD 
portion of the California SIP.

Colusa County APCD

    Colusa County APCD Rule 4.5 (Nuisance) is a general-nuisance type 
of prohibitory rule. As such, Rule 4.5 was inappropriate for inclusion 
in the SIP and, thus, was approved by the EPA in error. Colusa County 
APCD Rule 4.6 (Additional Exception) provides an exception to Colusa 
County APCD Rule 4.5 and should be deleted if Rule 4.5 is deleted. In 
this action, we are proposing to delete Rules 4.5 and 4.6 from the 
Colusa County APCD portion of the California SIP.

Eastern Kern APCD

    Kern County APCD Rule 419 (Nuisance) is a general-nuisance type of 
prohibitory rule. As such, Rule 419 was inappropriate for inclusion in 
the SIP and, thus, was approved by the EPA in error. Kern County APCD 
Rule 420 (Exception) provides an exception to Kern County APCD Rule 419 
and should be deleted if Rule 419 is deleted. In this action, we are 
proposing to delete Rules 419 and 420 from the Eastern Kern APCD 
portion of the California SIP.

El Dorado County AQMD

    El Dorado County AQMD Rule 52 (Nuisance) is a general-nuisance type 
of prohibitory rule. As such, Rule 52 was inappropriate for inclusion 
in the SIP and, thus, was approved by the EPA in error. El Dorado 
County AQMD Rule 53 (Exceptions to Rule 52) provides an exception to El 
Dorado County AQMD Rule 52 and should be deleted if Rule 52 is deleted. 
El Dorado County AQMD Rule 706 (Failure to Comply with Rules) 
establishes certain hearing board procedures, and as such, was 
inappropriate for inclusion in the SIP and was thus approved by the EPA 
in error. In this action, we are proposing to delete Rules 52, 53, and 
706 from the El Dorado County AQMD portion of the California SIP.

Feather River AQMD

    Formed in 1991, the Feather River AQMD administers air quality 
management programs in Yuba County and Sutter County. The Feather River 
AQMD portion of the California SIP includes rules adopted by the 
predecessor agencies, the Yuba County APCD and the Sutter County APCD, 
to the extent that such rules have not been superseded or removed 
through EPA approval of rules or rescissions adopted by the Feather 
River AQMD. Yuba County APCD Rules 9.7 (Permit Actions) and 9.8 
(Variance Actions) establish certain hearing board procedures, and as 
such, were inappropriate for inclusion in the SIP and were thus 
approved by the EPA in error. In this action, we are proposing to 
delete Rules 9.7 and 9.8 from the Feather River AQMD portion of the 
California SIP.

Glenn County APCD

    Glenn County APCD Rule 78 (Nuisance) is a general-nuisance type of 
prohibitory rule. As such, Rule 78 was inappropriate for inclusion in 
the SIP and, thus, was approved by the EPA in error. Glenn County APCD 
Rule 79

[[Page 43581]]

(Exceptions) provides an exception to Glenn County APCD Rule 78 and 
should be deleted if Rule 78 is deleted. In this action, we are 
proposing to delete Rules 78 and 79 from the Glenn County APCD portion 
of the California SIP.

Great Basin Unified APCD

    Great Basin Unified APCD Rule 402 (Nuisance) is a general-nuisance 
type of prohibitory rule. As such, Rule 402 was inappropriate for 
inclusion in the SIP and, thus, was approved by the EPA in error. Great 
Basin Unified APCD Rule 617 (Emergency Variance) allows an owner or 
operator of stationary sources to file a petition for an emergency 
variance under certain circumstances and provides for review and action 
on the petition by the APCO and hearing board. As described above, such 
provisions are inconsistent with section 110(i) of the CAA and were 
thus approved by the EPA in error. In this action, we are proposing to 
delete Rules 402 and 617 from the Great Basin Unified APCD portion of 
the California SIP.

Imperial County APCD

    Imperial County APCD Rule 117 (Nuisance) is a general-nuisance type 
of prohibitory rule. As such, Rule 117 was inappropriate for inclusion 
in the SIP and, thus, was approved by the EPA in error. Imperial County 
APCD Rule 513 (Record of Proceedings) establishes certain hearing board 
procedures, and as such, was inappropriate for inclusion in the SIP and 
was thus approved by the EPA in error. In this action, we are proposing 
to delete Rules 117 and 513 from the Imperial County APCD portion of 
the California SIP.

Lake County AQMD

    Lake County AQMD Section 1602 (Petition Procedures) establishes 
certain hearing board procedures, and as such, was inappropriate for 
inclusion in the SIP and was thus approved by the EPA in error. Lake 
County AQMD Section 1701.Q requires that petitions for variances 
include an excess emission estimate and supporting documentation. As 
described above, variance provisions are inconsistent with section 
110(i) of the CAA and were thus approved by the EPA in error. In this 
action, we are proposing to delete Sections 1602 and 1701.Q from the 
Lake County AQMD portion of the California SIP.

Lassen County APCD

    Lassen County APCD Rules 3:2, 3:3, 3:4, and 3:5 are local fee 
provisions that were not appropriate for inclusion in the SIP and thus 
were approved by the EPA in error. On January 18, 2002 (67 FR 2573), 
the EPA deleted without replacement earlier versions of these same 
rules that had been submitted as part of the original California SIP on 
February 21, 1972 and approved on May 31, 1972 (37 FR 10842), but we 
did not recognize at the time of our 2002 action that the subject rules 
had been superseded by rules submitted on June 30, 1972 and approved on 
September 22, 1972 (37 FR 19812). In this action, we propose to delete 
the later-submitted and approved fee rules for Lassen County. Lassen 
County APCD Rule 4:2 (Nuisance) is a general-nuisance type of 
prohibitory rule. As such, Rule 4:2 was inappropriate for inclusion in 
the SIP and, thus, was approved by the EPA in error. In this action, we 
are proposing to delete Rule 4:2 and the fee rules discussed above from 
the Lassen County APCD portion of the California SIP.

Mariposa County APCD

    Mariposa County APCD Rule 205 (Nuisance) is a general-nuisance type 
of prohibitory rule. As such, Rule 205 was inappropriate for inclusion 
in the SIP and, thus, was approved by the EPA in error. In this action, 
we are proposing to delete Rule 205 from the Mariposa County APCD 
portion of the California SIP.

Mendocino County APCD

    Mendocino County APCD Rule 4.A (General) is a general-nuisance type 
of prohibitory rule. As such, Rule 4.A was inappropriate for inclusion 
in the SIP and, thus, was approved by the EPA in error. Mendocino 
County APCD Rule 620 (Hearing Procedures) establishes certain hearing 
board procedures, and as such, was inappropriate for inclusion in the 
SIP and was thus approved by the EPA in error. In this action, we are 
proposing to delete Rules 4.A and 620 from the Mendocino County APCD 
portion of the California SIP.

Modoc County APCD

    Modoc County APCD Rule 3:2 (Nuisance) is a general-nuisance type of 
prohibitory rule. As such, Rule 3:2 was inappropriate for inclusion in 
the SIP and, thus, was approved by the EPA in error. Modoc County APCD 
Rule 3:6 (Additional Exception) provides an exception to Modoc County 
APCD Rule 3:2 and should be deleted if Rule 3:2 is deleted. In this 
action, we are proposing to delete Rules 3:2 and 3:6 from the Modoc 
County APCD portion of the California SIP.

Mojave Desert AQMD

    Regulation of stationary air pollution sources in Riverside County 
is split between the South Coast AQMD (which has jurisdiction over all 
Riverside County except the Palo Verde Valley) and the Mojave Desert 
AQMD (which has jurisdiction over the Palo Verde Valley portion of 
Riverside County). The Palo Verde Valley portion of Riverside County 
left the South Coast AQMD and joined the Mojave Desert AQMD on July 1, 
1994. The applicable SIP for the Riverside County portion of the Mojave 
Desert AQMD (i.e., the Palo Verde Valley) consists, in part, of rules 
that were adopted originally by the Riverside County APCD and by the 
South Coast AQMD and then approved by the EPA prior to July 1, 1994, 
and that have not yet been superseded or rescinded through EPA approval 
of SIP revisions adopted by the Mojave Desert AQMD.
    Riverside County APCD Rule 51 (Nuisance) is a general-nuisance type 
of prohibitory rule. As such, Rule 51 was inappropriate for inclusion 
in the SIP and, thus, was approved by the EPA in error. Riverside 
County APCD Rule 106 (Record of Proceedings) is proposed herein for 
deletion because it establishes certain hearing board procedures and 
was thus inappropriate for inclusion in the SIP and approved by the EPA 
in error. South Coast AQMD Rule 1231 (Judicial Review), also proposed 
herein for deletion, establishes certain district board procedures, and 
as such, was inappropriate for inclusion in the SIP and approved by the 
EPA in error.\2\ In this action, we are proposing to delete Riverside 
County Rules 51 and 106 and South Coast AQMD Rule 1231 from the 
Riverside County portion of the Mojave Desert AQMD portion of the 
California SIP.
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    \2\ The EPA approved the rescission of South Coast AQMD Rule 
1231 at 64 FR 71660 (December 22, 1999), but the rescission was not 
applicable within the Palo Verde Valley portion of Riverside County 
because the Palo Verde Valley had joined Mojave Desert AQMD several 
years before the rescission was approved.
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Monterey Bay Air Resources District

    The Monterey Bay Air Resources District (formerly named the 
Monterey Bay Unified APCD) was formed in 1974 when the Monterey-Santa 
Cruz County Unified APCD merged with the San Benito County APCD. The 
rules adopted by the predecessor agencies remain in the SIP to the 
extent they have not been superseded or rescinded through EPA approvals 
of rules or rescissions adopted by the unified air district. Monterey-
Santa Cruz County Unified APCD Rule 402 (Nuisance) and San Benito 
County APCD Rule 403 (Nuisance) are general-nuisance type of 
prohibitory rules. As such, Rules 402 and 403 were inappropriate for 
inclusion in the SIP and, thus, were

[[Page 43582]]

approved by the EPA in error. In this action, we are proposing to 
delete Rules 402 and 403 from the Monterey Bay Air Resources District 
portion of the California SIP.

North Coast Unified AQMD

    Established in 1982, the North Coast Unified AQMD has jurisdiction 
over Del Norte, Humboldt and Trinity counties, and the North Coast 
Unified AQMD portion of the applicable California SIP includes rules 
that were adopted by these counties and approved by the EPA and not 
superseded or rescinded through subsequent SIP actions. The 
introductory paragraphs for Del Norte County APCD's Regulation VI 
(Prohibitions) and Trinity County APCD's Regulation IV (Prohibitions) 
and Humboldt County APCD Rule 51 (Prohibited Emissions) are general-
nuisance type of prohibitory rules. As such, the introductory 
paragraphs of Regulation IV and Rule 51 were inappropriate for 
inclusion in the SIP and, thus, were approved by the EPA in error. Del 
Norte County APCD Rules 620 (Hearing Procedures), 630 (Decisions), 640 
(Record of Proceedings) and 650 (Appeal of Decision) and Trinity County 
APCD Rules 56 (Failure to Comply with Rules), 62 (Preliminary Matters), 
67 (Lack of Permit), 68 (Issuance of Subpoenas, Subpoenas Duces Tecum) 
and 620 (Hearing Procedures) establish certain hearing board 
procedures, and as such, were inappropriate for inclusion in the SIP 
and were approved by the EPA in error. Del Norte County APCD Rule 340 
(Technical Report Charges) is a local fee provision that also was not 
appropriate for inclusion in the SIP and was approved in error. In this 
action, we are proposing to delete the various rules listed above from 
the North Coast Unified AQMD portion of the California SIP.

Northern Sierra AQMD

    Established in 1986, the Northern Sierra AQMD has jurisdiction over 
Nevada, Plumas, and Sierra counties, and the Northern Sierra AQMD 
portion of the applicable California SIP includes rules that were 
adopted by these counties and approved by the EPA and not superseded or 
rescinded through subsequent SIP actions. Plumas County APCD Rule 51 
(Prohibited Emissions) is a general-nuisance type of prohibitory rule. 
As such, Rule 51 was inappropriate for inclusion in the SIP and, thus, 
was approved by the EPA in error. Nevada County APCD Rules 700 
(Applicable Articles of the Health and Safety Code), 703 (Contents of 
Petitions) (paragraphs (E) and (I)) and 711 (Evidence); Plumas County 
APCD Rules 701 (General), 702 (Filing Petitions), 703 (Contents of 
Petitions), 704 (Petitions for Variances), 710 (Notice of Hearing), 711 
(Evidence), 712 (Preliminary Matters), 713 (Official Notice), 714 
(Continuances), 715 (Decision) and 716 (Effective Date of Decision); 
and Sierra County APCD Rules 703 (Contents of Petitions) and 710 
(Notice of Public Hearing) establish certain hearing board procedures, 
and as such, were inappropriate for inclusion in the SIP and were thus 
approved by the EPA in error. Plumas County APCD Rule 516 (Upset and 
Breakdown Conditions) (paragraph C (``Emergency Variance Provisions'')) 
and Sierra County APCD Rule 516 (Upset and Breakdown Conditions) 
(paragraph C (``Emergency Variance Provisions'')) allow an owner or 
operator of stationary sources to file a petition for an emergency 
variance under certain circumstances and provides for review and action 
on the petition by the APCO and hearing board. As described above, such 
provisions are inconsistent with section 110(i) of the CAA and were 
thus not appropriate for inclusion in the SIP and were approved by the 
EPA in error. In this action, we are proposing to delete the various 
rules listed above from the Northern Sierra AQMD portion of the 
California SIP.

Northern Sonoma County APCD

    Northern Sonoma County APCD Rule 52 (Nuisance) is a general-
nuisance type of prohibitory rule. As such, Rule 52 was inappropriate 
for inclusion in the SIP and, thus, was approved by the EPA in error. 
Northern Sonoma County APCD Rules 85 (Failure to Comply with Rules), 91 
(Preliminary Matters), 96 (Lack of Permit), 600 (Authorization), 610 
(Petition Procedure) and 620 (Hearing Procedures) establish certain 
hearing board procedures, and as such, were inappropriate for inclusion 
in the SIP and were thus approved by the EPA in error. In this action, 
we are proposing to delete Rules 52, 85, 91, 96, 600, 610 and 620 from 
the Northern Sonoma County APCD portion of the California SIP.

IV. What other corrections is the EPA proposing to make?

    The EPA is also proposing certain error corrections not because the 
rules were originally approved into the SIP in error but because of 
other types of errors made in the course of the SIP rulemaking action. 
Each such proposal is described in the following paragraphs.

Antelope Valley AQMD

    With respect to the Antelope Valley AQMD portion of the California 
SIP, we are proposing three additional corrections related to the 
following: Los Angeles County APCD Regulation VI (Orchard or Citrus 
Grove Heaters), South Coast AQMD Rule 1186 (PM<INF>10</INF> Emissions 
from Paved and Unpaved Roads, and Livestock Operations), and Antelope 
Valley AQMD Rules 107 (Certification of Submissions and Emission 
Statements) and 1151 (Motor Vehicle and Mobile Equipment Coating 
Operations).
    Rescission of Los Angeles County APCD Regulation VI (Orchard or 
Citrus Grove Heaters): Los Angeles County APCD Regulation VI includes 
the following rules: Rule 100 (Definitions), Rule 101 (Exceptions), 
Rule 102 (Permits Required), Rule 103 (Transfer), Rule 105 (Application 
for Permits), Rule 106 (Action on Applications), Rule 107 (Standards 
for Granting Permits), Rule 108 (Conditional Approval), Rule 109 
(Denial of Applications), Rule 110 (Appeals), Rule 120 (Fees), and Rule 
130 (Prohibitions). California submitted Los Angeles County APCD 
Regulation VI on June 30, 1972, and the EPA approved it on September 
22, 1972 (37 FR 19812). Rule 120 was deleted without replacement at 67 
FR 2573 (January 18, 2002), but the other Regulation VI rules remain in 
the SIP.
    Regulation VI was rescinded in the Southeast Desert portion of Los 
Angeles County at 43 FR 40011 (September 8, 1978), but was reinstated 
throughout Los Angeles County when the EPA approved a SIP revision 
extending the jurisdiction of the South Coast AQMD to the Southeast 
Desert portion of the county and replacing the SIP rules that had been 
in effect for the Southeast Desert portion of Los Angeles County with 
those that applied in the South Coast AQMD. See 48 FR 52451 (November 
18, 1983). At that time, the applicable SIP for the South Coast AQMD 
included Regulation VI because the EPA inadvertently failed to codify 
the rescission of the rules in an action affecting the South Coast AQMD 
portion of Los Angeles County published at 43 FR 25684 (June 14, 1978). 
In the final action on June 14, 1978, the EPA indicated: ``The changes 
to Regulation VI, Orchard Grove Heaters, contained in the above 
mentioned submittals and being acted upon by this notice include total 
replacement of county rules by California Health and Safety Code 
sections covering Orchard Heaters.'' 43 FR at 25685. However, the 
regulatory text deleting Regulation VI without replacement was not 
included in the

[[Page 43583]]

final rule, and thus, Regulation VI became part of the legacy SIP 
inherited by the Antelope Valley AQMD when it was established in 1997 
in the Southeast Desert portion of Los Angeles County. In this action, 
we are proposing to add regulatory text deleting Regulation VI 
consistent with our action as described in the preamble to the June 14, 
1978 final rule and to delete Los Angeles County APCD Regulation VI 
from the South Coast AQMD portion of the California SIP and to thereby 
delete Los Angeles County APCD Regulation VI from the Antelope Valley 
AQMD portion of the California SIP.
    Deletion of South Coast Rule 1186 (PM<INF>10</INF> Emissions from 
Paved and Unpaved Roads, and Livestock Operations) for Implementation 
in the Antelope Valley AQMD: In a final rule published at 72 FR 64946 
(November 19, 2007), the EPA added a paragraph to 40 CFR 
52.220(c)(278)(i)(A) deleting South Coast AQMD Rule 1186 without 
replacement for implementation in the Antelope Valley AQMD. This 
paragraph was added in error. Originally adopted on February 14, 1997, 
no version of South Coast AQMD Rule 1186 has been approved by the EPA 
for implementation in the Antelope Valley. See footnote 4 in the 
proposed rule (63 FR 42786, August 11, 1998).\3\ Thus, we are proposing 
to delete the erroneous regulatory language that was added by the 
November 19, 2007 final rule.
---------------------------------------------------------------------------

    \3\ Footnote 4 states: ``As indicated above, the SCAQMD has 
jurisdiction over the South Coast Air Basin (SCAB) and Coachella 
Valley PM-10 serious nonattainment areas. This Federal Register 
action for the SCAQMD excludes the Los Angeles County portion of the 
Southeast Desert AQMA, otherwise known as the Antelope Valley Region 
in Los Angeles County, which is now under the jurisdiction of the 
Antelope Valley Air Pollution Control District as of July 1, 1997.'' 
63 FR 42786, at 42788 (August 11, 1998).
---------------------------------------------------------------------------

    Reorganization of the CFR Affecting Antelope Valley AQMD Rules 107 
and 1151: In a final rule published at 80 FR 13495 (March 16, 2015), we 
approved a rule adopted by the Sacramento Metropolitan AQMD but the 
amendatory instructions revising paragraph 40 CFR 52.220(c)(423) were 
in error such that rules that had been approved and listed under ``(i) 
Incorporation by reference,'' were erroneously moved under the ``(ii) 
Additional materials'' portion of paragraph 40 CFR 52.220(c)(423), 
including Antelope Valley AQMD Rules 107 (Certification of Submissions 
and Emission Statements) and 1151 (Motor Vehicle and Mobile Equipment 
Coating Operations), which were approved in 2013. See 78 FR 21545 
(April 11, 2013) (approval of Rule 107) and 78 FR 58459 (September 24, 
2013) (approval of Rule 1151). We are proposing to revise paragraph 40 
CFR 52.220(c)(423) consistent with the rulemakings affecting that 
paragraph.

Eastern Kern APCD

    Approval of 15% and Post-1996 Rate-of-Progress (ROP) Elements for 
the 1-Hour Ozone NAAQS: On January 8, 1997 (62 FR 1150), the EPA took 
final action to approve revisions to the California SIP for ozone for 
six nonattainment areas, including the San Joaquin Valley ozone 
nonattainment area, which at the time was defined to include all of 
Kern County (as well as seven other counties in the Central Valley) and 
thus subject to the jurisdiction of two air districts: The San Joaquin 
Valley Unified APCD and the Eastern Kern APCD. Among other elements, 
the EPA approved ``the ROP plans (the original 1994 submittal for 15% 
ROP requirements and the Kern District portion of the San Joaquin 
Valley, and the 1996 substitute submittal for post-1996 requirements) 
as meeting the 15% ROP requirements of section 182(b)(1) and the post-
1996 ROP requirements of section 182(c)(2) of the Act.'' 62 FR at 1172. 
In the corresponding regulatory language of the January 8, 1997 final 
rule, the EPA explicitly identified the approved 15% and post-1996 ROP 
elements from the San Joaquin Valley Unified APCD but failed to do the 
same for the Eastern Kern APCD. Compare 40 CFR 52.220(c)(204)(i)(D)(1) 
(for the San Joaquin Valley Unified APCD) with 40 CFR 
52.220(c)(205)(i)(A)(1) (for the Eastern Kern APCD). 62 FR at 1186. To 
clarify that, in our 1997 final rule, the EPA approved the 15% and 
post-1996 ROP demonstrations from the Eastern Kern APCD for the 1-hour 
ozone standard, we propose to revise 40 CFR 52.220(c)(205)(i)(A)(1) to 
explicitly add the 15% ROP and post-1996 ROP plans to the existing list 
of approved elements.
    Incorporation by Reference of Approved Rules 108 and 417: On April 
22, 2004 (69 FR 21713), the EPA took final action to approve certain 
rules adopted by the Eastern Kern APCD, including Rules 108 (Stack 
Sampling) and 417 (Agricultural and Prescribed Burning). Due to 
erroneous amendatory instructions, the CFR was not updated to reflect 
this final action. More specifically, the amendatory instructions on 
page 21715 of the April 22, 2004 final rule should have added paragraph 
(c)(321)(i)(A) to section 40 CFR 52.220 instead of paragraph 
(c)(321)(i)(B) because the latter was already in use to identify 
certain rules adopted by the San Joaquin Valley Unified APCD. We 
propose to fix this error by correcting the amendatory instructions.

El Dorado County AQMD

    Reorganization of the CFR Affecting El Dorado County AQMD Rule 101: 
On October 10, 2001 (66 FR 51578), the EPA approved revisions to the El 
Dorado County AQMD portion of the California SIP. Among the approved 
revisions was El Dorado County AQMD Rule 101 (General Provisions and 
Definitions). The final rule codifies the approval of Rule 101 in 
paragraph 40 CFR 52.220(c)(280)(i)(B), which lists approved rules 
adopted by the El Dorado County AQMD, but due to a publishing error, 
the codification of the approval of Rule 101 is found in paragraph 40 
CFR 52.220(c)(280)(i)(C), which lists EPA-approved rules adopted by the 
Yolo-Solano AQMD. We propose to fix this error accordingly.
    Approval of El Dorado County AQMD Rule 1000.1 (Emission Statement 
Waiver): On May 26, 2004 (69 FR 29880), the EPA approved emissions 
statement rules for seven air districts in California, including Rule 
1000 (Emission Statement) submitted for the El Dorado County AQMD 
portion of the California SIP. All but one of the emissions statement 
rules that were approved on May 26, 2004 include language providing a 
waiver to any class or category of stationary sources that emit less 
than 25 tons per year of volatile organic compounds (VOC) or oxides of 
nitrogen (NO<INF>X</INF>) if certain conditions are met, which is 
consistent with CAA section 182(a)(3)(B)(ii). Unlike the rules that 
provide for the waiver as a paragraph within the emissions statement 
rule itself, the El Dorado County AQMD provides for the exemption in a 
separate rule, namely, Rule 1000.1 (Emission Statement Waiver).\4\ 
Although Rule 1000.1 was submitted along with Rule 1000 on November 12, 
1992, we only listed the latter rule as approved in our May 26, 2004 
final action but should have listed both. We propose to add Rule 1000.1 
(Emission Statement Waiver) in paragraph 40 CFR 52.220(c)(190)(i)(C)(1) 
to clarify that our May 26, 2004 approval included both Rule 1000 and 
Rule 1000.1.
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    \4\ El Dorado County AQMD Rule 1000.1 provides: ``The APCO may 
waive this requirement to any class or category of stationary 
sources which emit less than 25 tons per year of oxides of nitrogen 
or reactive organic gas if the district provides the Air Resources 
Board with an emission inventory of sources emitting greater than 10 
tons per year of nitrogen oxides or reactive organic gas based on 
the use of emission factors acceptable to the Air Resources Board.''
---------------------------------------------------------------------------

    Reorganization of the CFR Affecting El Dorado County AQMD Actions 
Listed

[[Page 43584]]

in 40 CFR 52.220(c)(27)(viii): On July 9, 2008 (73 FR 39237), the EPA 
approved revisions to the Northern Sierra AQMD portion of the 
California SIP, including rescission of certain rules that had been 
adopted by the Nevada County APCD. In the July 9, 2008 final rule, we 
added regulatory language to reflect the rule rescissions in paragraph 
40 CFR 52.220(c)(27)(vii), which lists rules and rule rescissions 
applicable to the Nevada County APCD portion of the California SIP, but 
due to a publisher's error, the regulatory language is found in 
paragraph 40 CFR 52.220(c)(27)(viii), which lists rules and rule 
rescissions applicable to the El Dorado County AQMD portion of the 
California SIP. We propose to fix this error accordingly.

Great Basin Unified APCD

    Disapproval of Great Basin Unified APCD Rule 401 (Fugitive Dust): 
On August 13, 2009 (74 FR 40750), the EPA took final action to 
disapprove revisions to the Great Basin Unified APCD portion of the 
California SIP. Specifically, the EPA disapproved Great Basin Unified 
APCD Rule 401 (Fugitive Dust); however, we mistakenly added a paragraph 
incorporating this rule by reference in 40 CFR 52.220 (``Identification 
of plan'') as if we had approved the rule as part of the California 
SIP. To correct this error, we propose to remove the corresponding 
paragraph (i.e., 40 CFR 52.220(c)(350)(i)(A)(2)) from 40 CFR 52.220.

Lake County AQMD

    Reinstatement of Lake County AQMD Tables I through IV: On June 27, 
1997 (62 FR 34641), the EPA took final action to correct certain errors 
in previous actions on SIPs and SIP revisions by deleting without 
replacement the affected local rules. With respect to certain rules 
that were adopted by the Lake County AQMD, submitted by California on 
February 10, 1977, and approved by the EPA on August 4, 1978 (43 FR 
34463), we added a paragraph, i.e., (c)(37)(iv)(D), to 40 CFR 52.220 
(Identification of plan) that states: ``Previously approved on August 
4, 1978 and now deleted without replacement Rules . . . , and Tables I 
to V.'' 62 FR at 34645. First, Lake County AQMD Table V (Table of 
Standards, Applicable Statewide) was disapproved on August 4, 1978 (43 
FR 34463), and because it was disapproved, it was not part of the SIP 
and need not be deleted. Second, Lake County AQMD Table I (Agencies 
Designated to Issue Agricultural Burning Permits), Table II (Daily 
Quota of Agricultural Material that May Be Burned by Watershed), Table 
III (Guides for Estimating Dry Weights of Several California Fuel 
Types), and Table IV (Particulate Matter Emissions Standard for Process 
Units and Process Equipment) are substantive provisions relied upon by 
certain prohibitory rules and were not approved ``in error.'' We are 
proposing to reinstate Lake County AQMD Tables I through IV by revising 
the regulatory language in 40 CFR 52.220(c)(37)(iv)(D) accordingly.\5\
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    \5\ Since 1997, the EPA has approved newer versions of Lake 
County AQMD Tables I and II, and thus, as a practical matter, 
reinstatement of Tables I through IV, as approved in 1978, would 
only reinstate Tables III and IV as part of the current applicable 
SIP for the Lake County AQMD portion of the California SIP.
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Mojave Desert AQMD

    Rescission of Riverside County APCD Regulation V (Orchard or Citrus 
Grove Heaters): Riverside County APCD Regulation V includes the 
following rules: Rule 75 (Definitions), Rule 76 (Exceptions), Rule 77 
(Permits Required), Rule 78 (Application of Permits), Rule 79 (Action 
on Applications), Rule 80 (Standards for Granting Permits), Rule 81 
(General Restrictions and Conditions of Permits), Rule 83 (Denial of 
Applications), Rule 84 (Appeals), Rule 85 (Classification of Orchard, 
Field Crop or Citrus Grove Heaters), and Rule 86 (Prohibitions). 
California submitted Riverside County APCD Regulation V on February 21, 
1972 as part of the original California SIP, and the EPA approved it on 
May 31, 1972 (37 FR 10842).
    Regulation V was rescinded in the Southeast Desert portion of 
Riverside County at 43 FR 40011 (September 8, 1978), but was reinstated 
throughout Riverside County when the EPA approved a SIP revision 
extending the jurisdiction of the South Coast AQMD to the Southeast 
Desert portion of the county and replacing the SIP rules that had been 
in effect for the Southeast Desert portion of Riverside County with 
those that applied in the South Coast AQMD. See 47 FR 25013 (June 9, 
1982). At that time, the applicable SIP for the South Coast AQMD 
included Regulation V because the EPA inadvertently failed to codify 
the rescission of the rules in an action affecting the South Coast AQMD 
portion of Riverside County published at 43 FR 25684 (June 14, 1978). 
In the June 14, 1978, final action, the EPA indicated: ``The changes to 
Regulation VI, Orchard Grove Heaters, contained in the above mentioned 
submittals and being acted upon by this notice include total 
replacement of county rules by California Health and Safety Code 
sections covering Orchard Heaters.'' 43 FR at 25685. However, the 
regulatory text deleting Regulation V without replacement was not 
included in the final rule, and thus, Regulation V became part of the 
legacy SIP inherited by the Mojave Desert AQMD when the Palo Verde 
Valley portion of Riverside County joined the Mojave Desert AQMD in 
1994. In this action, we are proposing to add regulatory text deleting 
Regulation V consistent with our action as described in the preamble to 
the June 14, 1978 final rule and to delete Riverside County APCD 
Regulation V from the South Coast AQMD portion of the California SIP 
and to thereby delete Riverside County APCD Regulation V from the 
Mojave Desert AQMD portion of the California SIP.

Monterey Bay Air Resources District

    Disapproval of Monterey Bay Air Resources District Rule 200 
(Permits Required): On March 26, 2015 (80 FR 15899), the EPA took final 
action to approve or disapprove certain revisions to the Monterey Bay 
Air Resources District portion of the California SIP. One of the 
actions finalized on March 26, 2015 was the disapproval of an amended 
version of Rule 200 (Permits Required) that had been submitted on May 
8, 2001. Although we disapproved Rule 200, we mistakenly added a 
paragraph incorporating this rule by reference in 40 CFR 52.220 
(``Identification of plan'') as if we had approved the rule as part of 
the California SIP. See 40 CFR 52.220(c)(284)(i)(A)(5). To correct this 
error, we propose to remove the corresponding paragraph (i.e., 
(c)(284)(i)(A)(5)) from section 52.220 (Identification of plan).
    Rescission of Monterey Bay Air Resources District Rule 208 
(Standards for Granting Permits to Operate): In that same March 26, 
2015, final rule (80 FR 15899), we approved the rescission of Monterey 
Bay District Rule 208 (Standards for Granting Permits to Operate), 
which had been submitted on February 6, 1985 and approved on July 13, 
1987 (52 FR 26148), but we did not add corresponding regulatory 
language to remove the rule from the SIP. We propose to add a paragraph 
to 40 CFR 52.220(c)(159)(iii) to indicate that Monterey Bay District 
Rule 208 has been deleted without replacement.

North Coast Unified AQMD

    Erroneous Amendatory Instruction for Disapproval of Certain Open 
Burning Rules: On May 18, 1981 (46 FR 27116), the EPA disapproved 
certain open burning rules adopted by the Santa Barbara County APCD, 
but the amendatory instructions erroneously listed the disapproved 
rules in

[[Page 43585]]

subparagraph (6) of 40 CFR 52.273(a), which lists disapproved rules 
adopted by the Humboldt County APCD. The correct listing should have 
been in subparagraph (19), which lists disapproved rules adopted by the 
Santa Barbara County APCD. The erroneous amendatory instructions were 
based on the previous format of 40 CFR 52.273 and failed to account for 
the complete re-organization of 40 CFR 52.273 that the EPA published 
that same year at 46 FR 3883 (January 16, 1981). We are proposing to 
revise paragraph 40 CFR 52.273 to accurately reflect the 1981 
disapproval of the Santa Barbara County open burning rules.

Northern Sierra AQMD

    Codification of Approval of Northern Sierra AQMD Rules 212 and 213: 
On September 16, 1997 (62 FR 48480), the EPA took direct final action 
to approve certain revisions to the Northern Sierra AQMD portion of the 
California SIP. In the direct final rule, we indicated that we were 
approving Northern Sierra AQMD Rules 212 (Process Weight Table) and 213 
(Storage of Gasoline Products) along with many other district rules, 
see 62 FR 48481/column 1 and 62 FR at 48482/column 2; however, in the 
regulatory portion of the direct final rule, we failed to include Rules 
212 and 213 in the list of approved rules. We are proposing to add 
Rules 212 and 213 to the list of approved rules in 40 CFR 
52.220(c)(246)(i)(A)(1).
    Reinstatement of Nevada County APCD Rule 404 (Excluding Paragraph 
(D)): On June 27, 1997 (62 FR 34641), the EPA took final action to 
correct certain errors in previous actions on SIPs and SIP revisions by 
deleting without replacement the affected local rules. With respect to 
a rule that was adopted by the Nevada County APCD, submitted by 
California on October 15, 1979, and approved by the EPA on May 18, 1981 
(46 FR 27115), we added a paragraph, i.e., (c)(52)(xii)(B), to 40 CFR 
52.220 (Identification of plan) that states: ``Previously approved on 
May 18, 1981 and now deleted without replacement Rule 404.'' 62 FR at 
34646. In our proposed error correction, 61 FR 38664 (July 25, 1996), 
we indicated that the rule we intended to delete was Rule 404 
(``Emergency Variance Procedures''), but the correct title of Rule 404 
is ``Upset Conditions, Breakdown or Scheduled Maintenance,'' and 
``Emergency Variance Procedures'' is the title of paragraph (D) of Rule 
404. Thus, we intended to delete only paragraph (D) of Rule 404 but 
erroneously indicated in the final rule that we were deleting without 
replacement the entire rule. Accordingly, we propose to amend paragraph 
(c)(52)(xii)(B) to refer only to paragraph (D) of Rule 404.

V. Proposed Action and Request for Public Comment

    The EPA has reviewed the rules listed in Table 1 above and 
determined that they were previously approved into the applicable 
California SIP in error. Deletion of these rules will not relax the 
applicable SIP and is consistent with the Act. Therefore, under section 
110(k)(6) of the CAA, the EPA is proposing to delete the rules listed 
in Table 1 above and any earlier versions of these rules from the 
corresponding air pollution control district portions of the California 
SIP. These rules include general nuisance provisions, federal NSPS or 
NESHAP requirements, hearing board procedures, variance provisions, and 
local fee provisions. We are also proposing to make certain other 
corrections to fix errors in previous rulemakings on California SIP 
revisions as described in section IV above. We will accept comments 
from the public on this proposal until September 26, 2018.

VI. Incorporation by Reference

    In this action, for the most part, the EPA is proposing to delete 
rules that were previously incorporated by reference from the 
applicable California SIP. However, we are also proposing to include in 
a final EPA rule regulatory text that reinstates incorporation by 
reference of certain rules that were previously incorporated by 
reference but deleted in error, and regulatory text that includes 
incorporation by reference of rules not previously incorporated. In 
accordance with requirements of 1 CFR 51.5, the EPA is proposing to 
reinstate incorporation by reference Lake County AQMD Table I (Agencies 
Designated to Issue Agricultural Burning Permits), Table II (Daily 
Quota of Agricultural Material that May Be Burned by Watershed), Table 
III (Guides for Estimating Dry Weights of Several California Fuel 
Types), and Table IV (Particulate Matter Emissions Standard for Process 
Units and Process Equipment) and Nevada County APCD Rule 404 (Upset 
Conditions, Breakdown or Scheduled Maintenance) (excluding paragraph 
(D)) and to incorporate by reference Eastern Kern APCD Rules 108 (Stack 
Sampling) and 417 (Agricultural and Prescribed Burning), El Dorado 
County AQMD Rule 1000.1 (Emission Statement Waiver) and Northern Sierra 
AQMD Rules 212 (Process Weight Table) and 213 (Storage of Gasoline 
Products), as described in section IV of this preamble. The EPA has 
made, and will continue to make, these materials available through 
www.regulations.gov and at the EPA Region IX Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

VII. 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, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed action merely corrects errors in previous 
rulemakings and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
    <bullet> Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
    <bullet> Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> Does not provide the EPA with the discretionary authority 
to address disproportionate human health or

[[Page 43586]]

environmental effects with practical, appropriate, and legally 
permissible methods under Executive Order 12898 (59 FR 7629, February 
16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the proposed rule does not have tribal implications and 
will not impose substantial direct costs on tribal governments or 
preempt tribal law as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000).

List of Subjects in 40 CFR Part 52

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

    Authority:  2 U.S.C. 7401 et seq.

    Dated: August 8, 2018.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2018-18408 Filed 8-24-18; 8:45 am]
 BILLING CODE 6560-50-P


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