Federal Register / Vol. 63, No. 76 /Tuesday, April 21, 1998 /Rules and Regulations 19661

1For a description of the boundaries of the Los

Angeles-South Coast Air Basin, see 40 CFR 81.305.

2EPA adopted the completeness criteria on

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

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

on August 26, 1991 (56 FR 42216).

Subpart F—California

2. Section 52.220 is amended by

adding paragraph (c)(251) to read as

follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(251) New and amended plans for the

following agency were submitted on

November 5, 1997, by the Governor’s

designee.

(i) Incorporation by reference.

(A) Ventura County Air Pollution

Control District.

(1) Commitments to adopt and

implement control measures contained

in the Ventura 1997 Air Quality

Management Plan, adopted on October

21, 1997.

[FR Doc. 98–10398 Filed 4–20–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA—189—0059; FRL–5996–5]

Approval and Promulgation of State

Implementation Plans; California—

South Coast Air Quality Management

District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is taking final action to

approve a state implementation plan

(SIP) revision submitted by the State of

California to provide for attainment of

the carbon monoxide (CO) national

ambient air quality standards (NAAQS)

in the Los Angeles-South Coast Air

Basin Area (South Coast). EPA is

approving the SIP revision under

provisions of the Clean Air Act (CAA)

regarding EPA action on SIP submittals,

SIPs for national primary and secondary

ambient air quality standards, and plan

requirements for nonattainment areas.

The demonstration of attainment in the

SIP depends, in part, upon reductions

from an enhanced inspection and

maintenance (I/M) program for motor

vehicles. Since EPA has previously

granted interim approval to the

California I/M program, the Agency is

granting interim approval to the

reasonable further progress and

attainment demonstration portions of

the plan.

EFFECTIVE DATE: This action is effective

on May 21, 1998.

ADDRESSES: The rulemaking docket for

this document, Docket No. 97–17, may

be inspected and copied at the following

location during normal business hours.

A reasonable fee may be charged for

copying parts of the docket.

Environmental Protection Agency,

Region 9, Air Division, Air Planning

Office, 75 Hawthorne Street, San

Francisco, CA 94105–3901.

Air and Radiation Docket and

Information Center (6102),

Environmental Protection Agency,

401 M Street, SW., Washington, DC

20460.

Copies of the SIP materials are also

available for inspection at the addresses

listed below:

California Air Resources Board, 2020 L

Street, Sacramento, California;

South Coast Air Quality Management

District, 21865 E. Copley Drive,

Diamond Bar, California.

FOR FURTHER INFORMATION CONTACT:

Dave Jesson (415) 744–1288, Air

Planning Office (AIR–2), Air Division,

U.S. EPA, Region 9, 75 Hawthorne

Street, San Francisco, California, 94105–

3901.

SUPPLEMENTARY INFORMATION:

I. Background

EPA is finalizing approval and

interim approval of the 1997 CO plan

for the South Coast,1 which was adopted

on November 15, 1996, by the South

Coast Air Quality Management District

(SCAQMD), submitted as a SIP revision

by the California Air Resources Board

(CARB) on February 5, 1997. EPA

determined this submission to be

complete on April 1, 1997.2

The 1997 CO plan addresses

applicable CAA requirements for the

South Coast, which is classified as a

serious nonattainment area for CO,

including the requirement to

demonstrate expeditious attainment of

the CO NAAQS no later than December

31, 2000. The demonstration must

provide enforceable measures to achieve

emission reductions each year leading

to emissions at or below the level

predicted to result in attainment of the

NAAQS throughout the nonattainment

area.

Specifically, EPA is finalizing

approval of procedural requirements,

baseline and projected emission

inventories, and vehicle miles traveled

(VMT) forecasts and commitments, and

interim approval of the attainment

demonstration and quantitative

milestones and reasonable further

progress.

EPA is also finalizing action to

rescind EPA’s February 14, 1995 partial

approval and partial disapproval of the

1994 South Coast CO SIP submittal.

These actions on the 1994 CO SIP

submittal have not been in effect, since

EPA’s final rulemaking was never

published in the Federal Register. The

1997 CO plan updates and supersedes

the 1994 CO SIP submittal and corrects

the deficiencies in the 1994 submittal

that were the subject of the partial

disapproval actions.

These actions were proposed on

December 5, 1997 (62 FR 64329–64334).

The reader is referred to that notice for

additional detail on the affected area

and the SIP submittal, as well as a

summary of relevant CAA provisions

and EPA interpretations of those

provisions.

II. Public Comments

EPA received no comments on the

proposal.

III. EPA Final Action

In this document, EPA is taking the

following actions on elements of the

1997 South Coast Air Quality

Management Plan, as adopted on

November 15, 1996, and submitted on

February 5, 1997:

(1) Approval of procedural

requirements, under section 110(a)(1) of

the CAA;

(2) Approval of the baseline and

projected emission inventories, under

sections 172(c)(3) and 187(a)(1) of the

CAA;

(3) Interim approval of the attainment

demonstration, under section 187(a)(7)

of the CAA and section 348(c) of the

National Highway System Designation

Act (‘‘Highway Act,’’ Public Law 104–

59, enacted on November 28, 1995);

(4) Interim approval of quantitative

milestones and reasonable further

progress, under sections 171(1),

172(c)(2), and 187(a)(7) of the CAA and

section 348(c) of the Highway Act; and

(5) Approval of VMT forecasts and the

responsible agencies’ commitments to

revise and replace the VMT projections

as needed and monitor actual VMT

levels in the future, under section

187(a)(2)(A) of the CAA.

EPA also takes final action to rescind

EPA’s prior partial approval and partial

disapproval of the 1994 South Coast CO

SIP submittal, taken on February 14,

1995. As discussed in the proposal (62

FR 64330), these actions have not been

in effect, since the final rule was never

published in the Federal Register.

Along with EPA’s prior interim

approval of California’s enhanced motor
19662 Federal Register / Vol. 63, No. 76 /Tuesday, April 21, 1998 /Rules and Regulations

vehicle inspection and maintenance (I/

M) program under section 187(a)(6) of

the CAA and section 348(c) of the

Highway Act, these interim approvals

expire on August 7, 1998, or earlier if

by such date California submits the

required demonstration that the CO

credits are appropriate. 61 FR 10920,

March 18, 1996.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

business, small not-for-profit enterprises

and government entities with

jurisdiction over populations of less

than 50,000.

SIP approvals under sections 110 and

subchapter I, part D of the CAA, do not

create any new requirements, but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP approval does

not impose any new requirements, the

Administrator certifies that it does not

have a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-State relationship

under the CAA, preparation of a

regulatory flexibility analysis would

constitute Federal inquiry into the

economic reasonableness of state action.

The CAA forbids EPA to base its actions

concerning SIP’s on such grounds.

Union Electric Co. v. U.S.E.P.A., 427

U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under sections 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’) signed into

law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to the private sector, of

$100 million or more. Under Section

205, EPA must select the most costeffective and least burdensome

alternative that achieves the objectives

of the rule and is consistent with

statutory requirements. Section 203

requires EPA to establish a plan for

informing and advising any small

governments that may be significantly

or uniquely impacted by the rule.

EPA has also determined that this

final action does not include a mandate

that may result in estimated costs of

$100 million or more to State, local, or

tribal governments in the aggregate or to

the private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new Federal requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

D. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted 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 General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major’’ rule as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by June 22, 1998.

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, Carbon monoxide,

Incorporation by reference,

Intergovernmental relations, Reporting

and recordkeeping requirements.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Dated: April 2, 1998.

Felicia Marcus,

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)(247) to read as

follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(247) New and amended plans for the

following agency were submitted on

February 5, 1997, by the Governor’s

designee.

(i) Incorporation by reference.

(A) South Coast Air Quality

Management District.

(1) Carbon monoxide emissions

inventory, VMT forecasts and

commitments to monitor actual VMT

levels and revise and replace the VMT

projections as needed in the future, as

contained in the South Coast 1997 Air

Quality Management Plan.

3. Section 52.243 is added to subpart

F to read as follows:

§ 52.243 Interim approval of the Carbon

Monoxide plan for the South Coast.

The Carbon Monoxide plan for the

Los Angeles-South Coast Air Basin is

approved as meeting the provisions of

sections 171(1), 172(c)(2), and 187(a)(7)

for quantitative milestones and

reasonable further progress, and the

provisions of section 187(a)(7) for

attainment demonstration. This

approval expires on August 7, 1998, or

earlier if by such earlier date the State

has submitted as a SIP revision a

demonstration that the carbon

monoxide emission reduction credits for

the enhanced motor vehicle inspection

and maintenance program are

appropriate and that the program is

otherwise in compliance with the Clean

Air Act and EPA takes final action

approving that revision, as provided by

section 348(c) of the National Highway

System Designation Act (Public Law

104–59).

[FR Doc. 98–10397 Filed 4–20–98; 8:45 am]

BILLING CODE 6560–50–P