16644 Federal Register / Vol. 67, No. 67 / Monday, April 8, 2002 / Rules and Regulations

or contrary to the public interest, shall

take effect at such time as the agency

promulgating the rule determines. 5

U.S.C. 808(2). As stated previously, EPA

has made such a good cause finding,

including the reasons therefor, and

established an effective date of April 8,

2002. 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).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental

regulations, Particulate matter,

Reporting and recordkeeping

requirements.

Dated: March 1, 2002.

Keith Takata,

Acting Regional Administrator, Region IX.

[FR Doc. 02–8286 Filed 4–5–02; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 259–0332a; FRL–7158–7]

Revisions to the California State

Implementation Plan, South Coast Air

Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action to approve a revision to the South

Coast Air Quality Management District

(SCAQMD) portion of the California

State Implementation Plan (SIP). This

revision concerns the emission of

particulate matter (PM–10) from open

fires. We are approving local rules that

regulate this emission source under the

Clean Air Act as amended in 1990 (CAA

or the Act).

DATES: This rule is effective on June 7,

2002 without further notice, unless EPA

receives adverse comments by May 8,

2002. If we receive such comments, we

will publish a timely withdrawal in the

Federal Register to notify the public

that this rule will not take effect.

ADDRESSES: Mail comments to Andy

Steckel, Rulemaking Office Chief (AIR–

4), U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105.

You can inspect copies of the

submitted rule revisions and EPA’s

technical support document (TSD) at

our Region IX office during normal

business hours. You may also see copies

of the submitted rule revisions and TSD

at the following locations:

Environmental Protection Agency, Air

Docket (6102), Ariel Rios Building,

1200 Pennsylvania Avenue, NW.,

Washington, DC 20460.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 1001 ‘‘I’’ Street,

Sacramento, CA 95814.

South Coast Air Quality Management

District, 21865 East Copley Drive,

Diamond Bar, CA 91765.

FOR FURTHER INFORMATION CONTACT: Al

Petersen, Rulemaking Office (AIR–4),

U.S. Environmental Protection Agency,

Region IX; (415) 947–4118.

SUPPLEMENTARY INFORMATION:

Throughout this document, ‘‘we,’’ ‘‘us’’

and ‘‘our’’ refer to EPA.

Table of Contents

I. The State’s Submittal

A. What rules did the State submit?

B. Are there other versions of these rules?

C. What is the purpose of the submitted

rule revisions?

II. EPA’s Evaluation and Action

A. How is EPA evaluating the rules?

B. Do the rules meet the evaluation

criteria?

C. Public comment and final action

III. Background Information

Why were these rules submitted?

IV. Administrative Requirements

I. The State’s Submittal

A. What Rules Did the State Submit?

Table 1 lists the rules we are

approving with the date that they were

adopted by the local air agency and

submitted by the California Air

Resources Board (CARB).

TABLE 1.—SUBMITTED RULES

Local

agency Rule No. Rule title Adopted Submitted

SCAQMD 208 Permit and Burn Authorization for Open Burning ............................................................. 12/21/01 01/22/02

SCAQMD 444 Open Fires ......................................................................................................................... 12/21/01 01/22/02

On February 26, 2002, this submittal

was found to meet the completeness

criteria in 40 CFR part 51, appendix V,

which must be met before formal EPA

review.

B. Are There Other Versions of These

Rules?

We approved into the SIP on

November 8, 1999 (64 FR 60687) a

version of Rule 208, adopted on January

5, 1990. We approved into the SIP on

July 26, 2000 (65 FR 45912) a version of

Rule 444, adopted on October 2, 1987.

C. What Is the Purpose of the Submitted

Rule Revisions?

The purpose of the submitted revised

Rules 208 and 444 is to remedy the

deficiencies cited in the limited

approval of Rule 444 on July 26, 2000

(65 FR 45912).

II. EPA’s Evaluation and Action

A. How Is EPA Evaluating the Rules?

Generally, SIP rules must be

enforceable (see section 110(a) of the

CAA) and must not relax existing

requirements (see sections 110(l) and

193). Section 189(b) of the CAA requires

serious nonattainment areas with

significant PM–10 sources to adopt best

available control measures (BACM),

including best available control

technology (BACT). SCAQMD is a

serious PM–10 nonattainment area and

must meet the requirements of BACM/

BACT. BACM/BACT is not required for

source categories that are not significant

(de minimus) and there are no major

sources. See Addendum to the General

Preamble for the Implementation of

Title I of the Clean Air Act Amendments

of 1990, 59 FR 41998 (August 16, 1994).

The following guidance documents

were used for reference:

Federal Register / Vol. 67, No. 67 / Monday, April 8, 2002 / Rules and Regulations 16645

• Requirements for Preparation,

Adoption, and Submittal of

Implementation Plans, U.S. EPA, 40

CFR part 51.

• General Preamble Appendix C3—

Prescribed Burning Control Measures

(57 FR 18072, April 28, 1992).

• Prescribed Burning Background

Document and Technical Information

Document for Best Available Control

Measures (EPA–450/2–92–003).

• General Preamble for the

Implementation of Title I of the Clean

Air Act Amendments of 1990, 57 FR

13498, 13540 (April 16, 1992).

• Addendum to the General Preamble

for the Implementation of Title I of the

Clean Air Act Amendments of 1990, 59

FR 41998 (August 16, 1994).

• PM–10 Guideline Document, EPA–

452/R–93–008.

B. Do the Rules Meet the Evaluation

Criteria?

We believe the rules are consistent

with the relevant policy and guidance

regarding enforceability, SIP relaxations,

and fulfilling BACM/BACT. All of the

deficiencies identified in our previous

limited approval and limited

disapproval action on Rule 444 have

been adequately addressed as follows:

• (An overall approach should be

used for approving burns based on an

evaluation of the airshed’s capacity/

capability to disperse emissions on

permissive-burn days so that cumulative

PM–10 emissions from all burns and

other PM–10 sources in the airshed will

not cause or contribute to violations of

the PM–10 National Ambient Air

Quality Standards.) Alternatively, the

District related the airshed’s capacity/

capability to disperse emissions to

specific meteorological conditions in

specific air basins. 444(c)(10 and 11).

Open burning is prohibited, unless

permissive-burn day or marginal-burn

day requirements, related to

meteorological conditions and to the

California 1-hr ozone standard, are met.

444(c)(14). We have determined that

this approach fulfills BACM

requirements.

• (The rule should encourage burners

to complete voluntary burning training

and to use emission reduction

techniques by offering incentives, such

as priority permission to burn on a

permissive-burn day.) The rule requires

prioritizing authorization of burn

requests based on the burner’s

demonstrated level of burning training

and on measures identified in the smoke

management plan to reduce emissions.

444(d)(7)(E). We have determined that

these incentives fulfill BACM

requirements.

Other revisions that improve Rule 444

are as follows:

• Thresholds were established for

maximum daily burn acreage.

• The permissible window for

burning was refined.

• Smoke management plans are

required for projects larger than 10

acres.

• Many definitions were added.

• The rule applicability and

prohibition on residential burning were

clarified.

• Exemptions for fire suppression

training, burning of Russian thistle, and

ignition of pyrotechnics were clarified.

Exemptions were added to Rule 444

for fireworks, pyrotechnic displays,

explosive detonations and fire effects.

This includes special effects used for

filming, video recordings, and theatrical

productions, although fire effects are

limited to 30 minutes and clean fuels.

These source categories are de minimus,

therefore section 110(l) of the CAA is

not violated.

Rule 208 was revised to be consistent

with Rule 444 as follows:

• Authority for the local fire

protection agency to issue a burn

permit, in addition to the Executive

Officer, was added.

• The requirement to obtain burn

authorization from the Executive Officer

for each day of burning was added. The

TSD has more information on our

evaluation.

C. Public Comment and Final Action

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

the CAA, EPA is fully approving the

submitted rules because we believe they

fulfill all relevant requirements. We do

not think anyone will object to this, so

we are finalizing the approval without

proposing it in advance. However, in

the Proposed Rules section of this

Federal Register, we are simultaneously

proposing approval of the same

submitted rules. If we receive adverse

comments by May 8, 2002, we will

publish a timely withdrawal in the

Federal Register to notify the public

that the direct final approval will not

take effect and we will address the

comments in a subsequent final action

based on the proposal. If we do not

receive timely adverse comments, the

direct final approval will be effective

without further notice on June 7, 2002.

This will incorporate these rules into

the federally-enforceable SIP.

Please note that if EPA receives

adverse comment on an amendment,

paragraph, or section of this direct final

rule and if that provision may be

severed from the remainder of the rule,

EPA may adopt as final those provisions

of the rule that are not the subject of an

adverse comment.

III. Background Information

Why Was This Rule Submitted?

PM–10 harms human health and the

environment. Section 110(a) of the CAA

requires states to submit regulations that

control PM–10 emissions. Table 2 lists

some of the national milestones leading

to the submittal of local agency PM–10

rules.

TABLE 2.—PM–10 NONATTAINMENT MILESTONES

Date Event

March 3, 1978 ................................. EPA promulgated a list of total suspended particulate (TSP) nonattainment areas under the Clean Air Act,

as amended in 1977. 43 FR 8964; 40 CFR 81.305.

July 1, 1987 .................................... EPA replaced the TSP standards with new PM standards applying only up to 10 microns in diameter (PM–

10). 52 FR 24672.

November 15, 1990 ........................ Clean Air Act Amendments of 1990 were enacted, Pub. L. 101–549, 104 Stat. 2399, codified at 42 U.S.C.

7401–7671q.

November 15, 1990 ........................ PM–10 areas meeting the qualifications of section 107(d)(4)(B) of the CAA were designated nonattainment

by operation of law and classified as moderate pursuant to section 188(a). States are required by section 110(a) to submit rules regulating PM–10 emissions in order to achieve the attainment dates specified in section 188(c).

16646 Federal Register / Vol. 67, No. 67 / Monday, April 8, 2002 / Rules and Regulations

IV. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

therefore is not subject to review by the

Office of Management and Budget. For

this reason, this action is also not

subject to Executive Order 13211,

‘‘Actions Concerning Regulations That

Significantly Affect Energy Supply,

Distribution, or Use’’ (66 FR 28355, May

22, 2001). This action merely approves

state law as meeting federal

requirements and imposes no additional

requirements beyond those imposed by

state law. Accordingly, the

Administrator certifies that this rule

will not have a significant economic

impact on a substantial number of small

entities under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.). Because this

rule approves pre-existing requirements

under state law and does not impose

any additional enforceable duty beyond

that required by state law, it does not

contain any unfunded mandate or

significantly or uniquely affect small

governments, as described in the

Unfunded Mandates Reform Act of 1995

(Public Law 104–4).

This rule also does not have tribal

implications because it will not have a

substantial direct effect on one or more

Indian tribes, on the relationship

between the Federal Government and

Indian tribes, or on the distribution of

power and responsibilities between the

Federal Government and Indian tribes,

as specified by Executive Order 13175

(65 FR 67249, November 9, 2000). This

action also does not have Federalism

implications because it does not have

substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999). This action merely

approves a state rule implementing a

Federal standard, and does not alter the

relationship or the distribution of power

and responsibilities established in the

CAA. This rule also is not subject to

Executive Order 13045, ‘‘Protection of

Children from Environmental Health

Risks and Safety Risks’’ (62 FR 19885,

April 23, 1997), because it is not

economically significant.

In reviewing SIP submissions, EPA’s

role is to approve state choices,

provided that they meet the criteria of

the CAA. In this context, in the absence

of a prior existing requirement for the

State to use voluntary consensus

standards (VCS), EPA has no authority

to disapprove a SIP submission for

failure to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a SIP submission,

to use VCS in place of a SIP submission

that otherwise satisfies the provisions of

the CAA. Thus, the requirements of

section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (15 U.S.C. 272 note) do not

apply. This rule does not impose an

information collection burden under the

provisions of the Paperwork Reduction

Act of 1995 (44 U.S.C. 3501 et seq.).

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of the rule in

the Federal Register. A major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This action is not a ‘‘major rule’’ as

defined by 5 U.S.C. 804(2).

Under section 307(b)(1) of the CAA,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by June 7, 2002. Filing a petition

for reconsideration by the Administrator

of this final rule does not affect the

finality of this rule for the purposes of

judicial review nor does it extend the

time within which a petition for judicial

review may be filed, and shall not

postpone the effectiveness of such rule

or action. This action may not be

challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Particulate matter, Reporting and

recordkeeping requirements.

Dated: March 1, 2002.

Keith Takata,

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 paragraph (c) (293) to read as

follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(293) New and amended regulations

for the following APCDs were submitted

on January 22, 2002, by the Governor’s

designee.

(i) Incorporation by reference.

(A) South Coast Air Quality

Management District.

(1) Rules 208 and 444, adopted on

December 21, 2001.

* * * * *

[FR Doc. 02–8287 Filed 4–5–02; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 81

[KY 116; KY 119–200214(c); FRL–7166–5]

Approval and Promulgation of Air

Quality Implementation Plans;

Kentucky; Withdrawal of Direct Final

Rule

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Withdrawal of direct final rule.

SUMMARY: On February 12, 2002 (67 FR

6411), EPA published a direct final

approval of a revision to the Kentucky

State Implementation Plan (SIP) which

pertained to the Kentucky portion of the

Cincinnati-Hamilton non-attainment

area. The direct final action was

published without prior proposal

because EPA anticipated no adverse

comment. EPA stated in the direct final

rule that if EPA received adverse

comment by March 14, 2002, EPA

would publish a timely withdrawal in

the Federal Register. EPA subsequently

received adverse comments on the

direct final rule. Therefore, EPA is

withdrawing the direct final approval.

EPA will address the comments in a

subsequent final action based on the

parallel proposal also published on

February 12, 2002 (67 FR 6459). As

stated in the parallel proposal, EPA will

not institute a second comment period

on this action.

EFFECTIVE DATE: The direct final rule

published on February 12, 2002, is

withdrawn as of April 8, 2002.

FOR FURTHER INFORMATION CONTACT:

Randy Terry at (404) 562–9032, or by

electronic mail at Terry.randy@epa.gov.