[Federal Register Volume 73, Number 170 (Tuesday, September 2, 2008)]
[Rules and Regulations]
[Pages 51226-51228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20137]



[[Page 51226]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2006-0714, FRL-8701-4]


Revisions to the California State Implementation Plan, Antelope 
Valley Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Antelope Valley Air Quality Management District (AVAQMD) portion of the 
California State Implementation Plan (SIP). Under authority of the 
Clean Air Act as amended in 1990 (CAA or the Act), we are approving 
minor administrative changes to local rules that address permitting 
requirements.

DATES: This rule is effective on November 3, 2008 without further 
notice, unless EPA receives adverse comments by October 2, 2008. 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: Submit comments, identified by docket number EPA-R09-OAR-
2006-0714 by one of the following methods:
    <bullet> Federal eRulemaking Portal: www.regulations.gov. Follow 
the on-line instructions.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#db89e2bab2a9abbea9b6b2afa89bbeabbaf5bcb4ad"><span class="__cf_email__" data-cfemail="6032590109121005120d091413200510014e070f16">[email protected]</span></a>.
    <bullet> Mail or deliver: Gerardo Rios (Air-3), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at www.regulations.gov, 
including any personal information provided, unless the comment 
includes Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Information that you 
consider CBI or otherwise protected should be clearly identified as 
such and should not be submitted through www.regulations.gov or e-mail. 
www.regulations.gov is an ``anonymous access'' system, and EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send e-mail directly to EPA, your e-mail 
address will be automatically captured and included as part of the 
public comment. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 
IX, 75 Hawthorne Street, San Francisco, California. While all documents 
in the docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available in either location (e.g., CBI). 
To inspect the hard copy materials, please schedule an appointment 
during normal business hours with the contact listed in the FOR FURTHER 
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Laura Yannayon, Permits Office (AIR-
3), U.S. Environmental Protection Agency, Region IX, (415) 972-3534, 
<a href="/cdn-cgi/l/email-protection#5920383737382036377735382c2b38193c2938773e362f"><span class="__cf_email__" data-cfemail="136a727d7d726a7c7d3d7f72666172537663723d747c65">[email protected]</span></a>.

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 and 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. Statutory and Executive Order Reviews

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 amended by the local air agency and submitted by the California 
Air Resources Board (CARB).

                                   Table 1--Submitted Rules for Full Approval
----------------------------------------------------------------------------------------------------------------
             Local agency                Rule No.            Rule title               Amended        Submitted
----------------------------------------------------------------------------------------------------------------
AVAQMD...............................          101  Title.......................        05/17/05        03/10/06
AVAQMD...............................          102  Definition of Terms.........        05/17/05        03/10/06
AVAQMD...............................          106  Increments of Progress......        05/17/05        03/10/06
AVAQMD...............................          108  Alternative Emission Control        05/17/05        03/10/06
                                                     Plans.
AVAQMD...............................          109  Recordkeeping for Volatile          05/17/05        03/10/06
                                                     Organic Compound Emissions.
AVAQMD...............................          208  Permit for Open Burning.....        05/17/05        03/10/06
AVAQMD...............................          210  Applications................        05/17/05        03/10/06
AVAQMD...............................          212  Standards for Approving             05/17/05        03/10/06
                                                     Permits.
AVAQMD...............................          218  Stack Monitoring............        05/17/05        03/10/06
AVAQMD...............................          220  Exemption--Net Increase in          05/17/05        03/10/06
                                                     Emissions.
AVAQMD...............................          221  Plans.......................        05/17/05        03/10/06
AVAQMD...............................          226  Limitations on Potential to         05/17/05        03/10/06
                                                     Emit.
----------------------------------------------------------------------------------------------------------------

    On March 30, 2006, these rule submittals were 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 Rules 101 and 102 into the SIP on December 31, 1998 (63 
FR 72197); Rule 106 on June 14, 1978 (43 FR 25686); Rule 108 on August 
30, 1993 (58 FR 45445); Rule 109 on April 13, 1995 (60 FR 18750); Rule 
210 on October 8, 1976 (43 FR 40011); Rule 212 on December 4, 1996 (61 
FR 64291); Rules 218 and 220 on July 6, 1982 (47 FR 29231); Rule 221 on 
April 17, 1987 (52 FR 12522); and Rule 226 on August 31, 2004 (69 FR 
53005).
    There is no version of Rule 208 in the SIP. We did not act on a 
version of Rule 208 adopted by AVAQMD on January 5, 1990 and submitted 
by CARB to us on December 31, 1990. While we can act on only the most 
recently submitted version, we have reviewed materials provided with 
previous submittal.

C. What is the purpose of the submitted rule and rule revisions?

    These rules describe administrative provisions and definitions that 
support emission controls found in other local agency requirements. In 
combination with the other requirements, these rules

[[Page 51227]]

must be enforceable (see section 110(a) of the CAA) and must not relax 
existing requirements (see sections 110(l) and 193).
    The TSD has more information about these rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    These rules describe administrative provisions and definitions that 
support emission controls found in other local agency requirements. In 
combination with the other requirements, these rules must be 
enforceable (see section 110(a) of the CAA) and must not relax existing 
requirements (see sections 110(l) and 193).
    The following guidance documents were used for reference:
    <bullet> Review of New Sources and Modifications, U.S. EPA, 40 CFR 
part 51, subpart I.
    <bullet> Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies, EPA Region 9, (August 21, 2001). (The Little Bluebook)

B. Do the rules meet the evaluation criteria?

    We believe the rules are consistent with the relevant policy and 
guidance regarding enforceability and SIP relaxations. 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 101, 102, 106, 108, 109, 208, 210, 212, 
218, 220, 221, and 226 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 October 2, 2008, 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 November 3, 2008. 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. 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, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
    <bullet> Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
    <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 EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.
    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 action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 3, 2008. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Dated: July 11, 2008.
Laura Yoshii,
Acting Regional Administrator, Region IX.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(344)(i)(A)(2), 
(3), and (4) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *

[[Page 51228]]

    (c) * * *
    (344) * * *
    (i) * * *
    (A) * * *
    (2) Rule 101, ``Title,'' and Rule 102, ``Definition of Terms,'' 
originally adopted on February 4, 1977 and amended on May 17, 2005.
    (3) Rule 106, ``Increments of Progress,'' Rule 210, 
``Applications,'' Rule 212, ``Standards for Approving Permits,'' and 
Rule 218, ``Stack Monitoring,'' originally adopted on January 9, 1976 
and amended on May 17, 2005.
    (4) Rule 108, ``Alternative Emission Control Plans,'' Rule 109, 
``Recordkeeping for Volatile Organic Compound Emissions,'' Rule 208, 
``Permit for Open Burning,'' Rule 220, ``Exemption--Net Increase in 
Emissions,'' Rule 221, ``Plans,'' and Rule 226, ``Limitations on 
Potential to Emit,'' originally adopted on March 2, 1990, May 5, 1989, 
October 8, 1976, November 4, 1977, January 4, 1985, and March 17, 1998, 
respectively, and amended on May 17, 2005.
* * * * *
[FR Doc. E8-20137 Filed 8-29-08; 8:45 am]
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