

[Federal Register: August 29, 2006 (Volume 71, Number 167)]
[Rules and Regulations]               
[Page 51120-51121]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29au06-9]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2006-0225; FRL-8207-9]

 
Revisions to the California State Implementation Plan, South 
Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing approval of revisions to the South Coast Air 
Quality Management District's (SCAQMD) portion of the California State 
Implementation Plan (SIP). These revisions were proposed in the Federal 
Register on May 16, 2006 and concern oxides of nitrogen 
(NOX) and oxides of sulfur (SOX) emissions from 
facilities emitting 4 tons or more per year of NOX or 
SOX in the year 1990 or subsequent year under the SCAQMD's 
Regional Clean Air Incentives Market (RECLAIM) program. We are 
approving local rules that regulate these emission sources under the 
Clean Air Act as amended in 1990 (CAA or the Act).

DATES: Effective Date: This rule is effective on September 28, 2006.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2006-0225 for 
this action. The index to the docket is available electronically at 
http://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: Lily Wong, EPA Region IX, (415) 947-
4114, wong.lily@epa.gov.

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

I. Proposed Action

    On May 16, 2006 (71 FR 28290), EPA proposed to approve the 
following rules into the California SIP. Table 1 lists the rules 
addressed by this action with the dates that they were adopted by the 
SCAQMD and submitted by the California Air Resources Board (CARB).

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
             Local agency                Rule No.            Rule title               Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD................................       2000  General......................        05/06/05        10/20/05
SCAQMD................................       2001  Applicability................        05/06/05        10/20/05
SCAQMD................................       2002  Allocations for Oxides of            01/07/05        12/21/05
                                                    Nitrogen (NOX) and Oxides of
                                                    Sulfur (SOX).
SCAQMD................................       2005  New Source Review for Trading        05/06/05        10/20/05
                                                    Requirements.
SCAQMD................................       2007  Trading Requirements.........        05/06/05        10/20/05
SCAQMD................................       2010  Administrative Remedies and          01/07/05        07/15/05
                                                    Sanctions.
SCAQMD................................       2011  Requirements for Monitoring,         01/07/05        07/15/05
                                                    Reporting, and Recordkeeping
                                                    for Oxides of Sulfur (SOX)
                                                    Emissions.
SCAQMD................................   \1\ 2011  Appendix A: Protocol for             05/06/05        10/20/05
                                                    Monitoring, Reporting, and
                                                    Recordkeeping for Oxides of
                                                    Sulfur (SOX) Emissions,
                                                    Chapter 1.
SCAQMD................................   \1\ 2011  Appendix A: Protocol for             01/07/05        07/15/05
                                                    Monitoring, Reporting, and
                                                    Recordkeeping for Oxides of
                                                    Sulfur (SOX) Emissions,
                                                    Chapters 2-6 and Attachments
                                                    A-F.
SCAQMD................................       2012  Requirements for Monitoring,         01/07/05        07/15/05
                                                    Reporting, and Recordkeeping
                                                    for Oxides of Nitrogen (NOX)
                                                    Emissions.
SCAQMD................................   \1\ 2012  Appendix A--Protocol for             05/06/05        10/20/05
                                                    Monitoring, Reporting, and
                                                    Recordkeeping for Oxides of
                                                    Nitrogen (NOX) Emissions,
                                                    Chapter 1.
SCAQMD................................       2012  Appendix A (Protocol for             01/07/05        07/15/05
                                                    Monitoring, Reporting, and
                                                    Recordkeeping for Oxides of
                                                    Nitrogen (NOX) Emissions,
                                                    Chapters 2-8 and Attachments
                                                    A-G.
----------------------------------------------------------------------------------------------------------------
\1\ Protocol Appedix A.

    In EPA's proposed approval, we did not clarify that only Chapter 1 
of Rule 2011 Protocol Appendix A and Chapter 1 of Rule 2012 Protocol 
Appendix A were adopted on May 6, 2005 and submitted on October 20, 
2005. The remaining portions of those rules were adopted on January 7, 
2005 and submitted on July 15, 2005.

[[Page 51121]]

    We proposed to approve these rules because we determined that they 
complied with the relevant CAA requirements. Our proposed action 
contains more information on the rules and our evaluation.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments.

III. EPA Action

    No comments were submitted that change our assessment that the 
submitted rules comply with the relevant CAA requirements. Therefore, 
as authorized in section 110(k)(3) of the Act, EPA is fully approving 
these rules into the California SIP.

IV. Statutory and Executive Order Reviews

    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 (Pub. L. 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 Clean 
Air Act. 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 Clean Air Act. 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 Clean Air Act. 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 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 October 30, 2006. 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements.

    Dated: July 26, 2006.
Wayne Nastri,
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)(337)(i)(C), 
(342)(i)(C)(2), and (343) to read as follows:


52.220  Identification of plan.

* * * * *
    (c) * * *
    (337) * * *
    (i) * * *
    (C) South Coast Air Quality Management District.
    (1) Rules 2010, 2011, 2011 Protocol Appendix A Chapters 2-6 and 
Attachments A-F, 2012, and 2012 Protocol Appendix A Chapters 2-8 and 
Attachments A-G adopted on January 7, 2005.
* * * * *
    (342) * * *
    (i) * * *
    (C) * * *
    (2) Rules 2000, 2001, 2005, 2007, 2011 Protocol Appendix A Chapter 
1, and 2012 Protocol Appendix A Chapter 1 adopted on May 6, 2005.
    (343) An amended regulation for the following AQMD was submitted on 
December 21, 2005, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 2002 adopted on January 7, 2005.

 [FR Doc. E6-14317 Filed 8-28-06; 8:45 am]

BILLING CODE 6560-50-P
