Revisions to the California State Implementation Plan, Great Basin Unified Air Pollution Control District and Mojave Desert Air Quality Management District, 61525-61528 [E7-21318]
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Federal Register / Vol. 72, No. 210 / Wednesday, October 31, 2007 / Rules and Regulations
international agreements, COD service
will not be provided.
Further, Express Mail service will be
provided for inbound and outbound
items, but without a guarantee. This is,
however, substantially the same
expedited service now offered to the
FSM and the RMI. That is, as
international destinations, the
customers of the RMI and FSM
currently receive Express Mail
International service, which generally
does not provide a guarantee, but which
does receive expedited handling over
other classes of mail. This handling of
the Express Mail without a guarantee
will continue to provide a benefit to the
customers who choose it.
The Postal Service adopts the
following changes to Mailing Standards
of the United States Postal Service,
Domestic Mail Manual (DMM), which
is incorporated by reference in the Code
of Federal Regulations. See 39 CFR part
111.
List of Subjects in 39 CFR Part 111
Postal Service.
PART 111—[AMENDED]
1. The authority citation for 39 CFR
part 111 continues to read as follows:
I
11.2.6
Ineligible Matter
2.4
COD service may not be used for:
*
*
*
*
[Revise 11.2.6 by adding new item f as
follows:]
f. Articles sent to or from the Republic
of the Marshall Islands and the
Federated States of Micronesia.
*
*
*
*
*
*
600 Basic Standards for All Mailing
Services
601
Mailability
*
*
9.0
Perishables
*
*
*
9.3
Live Animals
*
*
*
*
*
*
*
*
*
*
[Revise the heading and text in 9.3.6
as follows:]
9.3.6
Mailed to Pacific Islands
Animals mailed to the Republic of
Palau, the Republic of the Marshall
Islands, and the Federated States of
Micronesia require a permit issued by
the government of the destination
country.
*
*
*
*
*
9.3.8
Other Insects
2. Revise the following sections of
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM), as follows:
*
*
*
*
*
[Revise the text in the second sentence
of 9.3.8 as follows:]
* * * Such insects mailed to the
Republic of Palau, the Republic of the
Marshall Islands, and the Federated
States of Micronesia are also subject to
the regulations of the destination
country.
*
*
*
*
*
500
Additional Mailing Services
608
Postal Information and Resources
503
Extra Services
*
*
*
*
2.0
Domestic Mail
6.0
Return Receipt
*
*
*
*
2.2
Mail Treated as Domestic
6.2
Basic Information
Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,
401, 403, 404, 414, 416, 3001–3011, 3201–
3219, 3403–3406, 3621, 3626, 5001.
I
6.2.1
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*
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Description
11.2
*
Collect on Delivery (COD)
*
*
*
*
Basic Information
*
*
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*
16:50 Oct 30, 2007
*
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*
*
*
*
[Revise the third sentence in 6.2.1 as
follows:]
* * * The electronic option is not
available for items mailed to APO and
FPO addresses or U.S. territories,
possessions, and Freely Associated
States listed in 608.2.0. * * *
*
*
*
*
*
11.0
*
Jkt 214001
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[Revise the list of Freely Associated
States in 2.2 by adding the Republic of
the Marshall Islands, and the Federated
States of Micronesia as follows:]
Marshall Islands, Republic of the
Ebeye Island
Kwajalein Island
Majuro Island
Micronesia, Federated States of
Chuuk (Truk) Island
Kosrae Island
Pohnpei Island
Yap Island
Palau, Republic of
Koror Island
*
*
*
*
*
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Customs Forms Required
[Revise the first sentence in 2.4 to add
the ZIP Codes of the Republic of the
Marshall Islands and the Federated
States of Micronesia as follows:]
Regardless of contents, all Priority
Mail weighing 16 ounces or more sent
from the United States to ZIP Codes
96910–44, 96950–52, 96960, 96970, and
96799, and all Priority Mail sent from
these ZIP Codes to the United States,
must bear customs Form 2976–A. * * *
*
*
*
*
*
An appropriate amendment to 39 CFR
part 111 to reflect these changes will be
published.
Neva Watson,
Attorney, Legislative.
[FR Doc. E7–21487 Filed 10–30–07; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2007–0459; FRL–8487–6]
Revisions to the California State
Implementation Plan, Great Basin
Unified Air Pollution Control District
and Mojave Desert Air Quality
Management District
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action to approve revisions to the Great
Basin Unified Air Pollution Control
District (GBUAPCD) and Mojave Desert
Air Quality Management District
(MDAQMD) portions of the California
State Implementation Plan (SIP). These
revisions concern particulate matter
(PM–10) emissions from wood burning
appliances and open outdoor fires. We
are approving local rules under the
Clean Air Act as amended in 1990 (CAA
or the Act).
DATES: This rule is effective on
December 31, 2007 without further
notice, unless EPA receives adverse
comments by November 30, 2007. If we
receive such comments, we will publish
a timely withdrawal in the Federal
Register to notify the public that this
direct final rule will not take effect.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2007–0459, by one of the
following methods:
• Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
• E-mail: steckel.andrew@epa.gov.
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Federal Register / Vol. 72, No. 210 / Wednesday, October 31, 2007 / Rules and Regulations
• Mail or deliver: Andrew Steckel
(Air–4), 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.
Al
Petersen, EPA Region IX, (415) 947–
4118, petersen.alfred@epa.gov.
FOR FURTHER INFORMATION CONTACT:
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 are the purposes 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. EPA Recommendation to Further
Improve a Rule
D. 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 dates that the rules
were amended by the local air agencies
and submitted by the California Air
Resources Board (CARB).
TABLE 1.—SUBMITTED RULES
Local agency
Rule No.
GBUAPCD ..........................................
GBUAPCD ..........................................
MDAQMD ...........................................
405
431
444
On November 22, 2005, the submittal
of GBUAPCD Rule 405 was determined
to meet the completeness criteria in 40
CFR part 51 appendix V, which must be
met before formal EPA review. On July
23, 2007, the submittal of GBUAPCD
Rule 431 and MDAQMD Rule 444 was
determined to meet the completeness
criteria.
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B. Are there other versions of these
rules?
A version of GBUAPCD Rule 405 was
approved into the SIP on June 6, 1977
(42 FR 28883). EPA has not acted on a
version of Rule 405 revised on May 8,
1996 and submitted on August 5, 2002.
While we can act only on the most
recent version, we have considered the
contents of the superseded version.
A version of GBUAPCD Rule 431 was
approved into the SIP on June 24, 1996
(61 FR 32341).
MDAQMD was previously comprised
of the Riverside County Air District
(RCAD) and the San Bernardino County
Air District (SBCAD). The versions on
which the current MDAQMD Rule 444
are based are RCAD Rule 444, SBCAD
Rule 57, and SBCAD Rule 57.1, which
were approved into the SIP on
September 8, 1978 (43 FR 40011), June
14, 1978 (43 FR 25684), and June 14,
1978 (43 FR 25684), respectively.
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Rule title
Revised or amended
Exceptions ..........................................
Particulate Matter ...............................
Open Outdoor Fires ...........................
07/07/05 Revised ...............................
12/04/06 Revised ...............................
09/25/06 Amended .............................
C. What are the purposes of the
submitted rule revisions?
Section 110(a) of the Clean Air Act
(CAA) requires states to submit
regulations that control volatile organic
compounds, nitrogen oxides, particulate
matter, and other air pollutants which
harm human health and the
environment. These rules were
developed as part of local air districts’
programs to control these pollutants.
The purposes of the submitted
GBUAPCD Rule 405 revisions relative to
the SIP rule are as follows:
• (405.preamble): The rule extends
the applicability of the listed exceptions
to Rule 404–A, Particulate Matter, and
Rule 404–B, Oxides of Nitrogen, from
the original Rule 400, Ringlemann
Chart.
• (405.C,E): The rule deletes the
exceptions to open burning regulations
for agricultural operations and the use
of other agricultural equipment
necessary in the growing of crops or
raising of fowl or animals.
• (405.F,G,H,I,J): The rule adds
exceptions to open burning regulations
for (a) the treatment of waste
propellants, explosives, and
pyrotechnics in open burning/open
detonation operations on military bases
for operations approved in a burn plan
as regulated by SIP Rule 432, (b)
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burning of materials for special effects
in filming or video operations, (c) the
disposal of contraband by burning, (d)
recreational or ceremonial fires, and (e)
a fire set for the purpose of eliminating
a public health hazard that cannot be
abated by any other practical means.
The purposes of the submitted
GBUAPCD Rule 431 revisions relative to
the SIP rule are as follows:
• 431.A: The rule is expanded to
include communities that are
determined by the Board of GBUAPCD
to be High Road Dust Areas (HRDA) or
High Wood Smoke Areas (HWSA),
which contribute to exceedences of state
or federal 24-hour PM–2.5 or PM–10
standards. The SIP rule applies only to
the Town of Mammoth Lakes.
• 431.B: The rule adds appropriate
definitions for HRDA and HWSA in
addition to the HRDA and HWSA
government agencies that regulate these
areas.
• 431.C.5: The rule adds the
requirement that a HWSA keep a record
of all EPA Phase II certified woodburning appliances.
• 431.D.3 and 4: The rule adds the
requirement to obtain a building permit
from the Town of Mammoth Lakes for
the installation of all solid fuel burning
appliances. Outside the Town of
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Mammoth Lakes, the building permit is
obtained from the HWSA agency.
• 431.D.5 and E: The rule adds
requirements for inspectors for
verification of compliance with
regulations for installation of new
certified solid fuel burning appliances
and removal or replacement of noncertified appliances.
• 431.I and J: The rule adds
requirements and thresholds for
mandatory curtailment and voluntary
curtailment of solid fuel combustion in
the Town of Mammoth Lakes and
HWSA areas.
The purposes of the submitted
MDAQMD Rule 444 revisions relative to
the SIP rules are as follows:
• 444(A): The rule is revised to apply
the District Smoke Management
Program to open burning while
minimizing smoke impacts to the
public.
• 444(B)(13): The rule replaces an
‘‘Approved Burn Plan’’ with a ‘‘Smoke
Management Plan.’’
• 444(C)(1): The rule adds the
requirement for all burn projects that are
greater than 10 acres or that are
estimated to produce more than one ton
of particulate matter shall be conducted
in accordance with the Smoke
Management Program.
• 444(C)(2): The rule adds a list of
materials prohibited from open burning.
• 444(C)(3): The rule adds the
permission to burn during adverse
meteorological conditions in a case
where there would be an imminent and
substantial economic loss, providing a
special permit is obtained from the
District and not a local fire agency.
• 444(C)(4): The rule adds the
provision for a prescribed burn
permittee to obtain from CARB up to 48
hours in advance of the burn day a
permissive-burn, marginal-burn, or noburn forecast.
• 444(C)(6): The rule adds
requirements for ignition, stacking,
drying, and time of day for open
burning, except for prescribed burning.
• 444(C)(7): The rule adds to the list
of burning applications with a permit (a)
empty containers used for explosives,
(b) right-of-way clearance for a public
entity or utility, or (c) wood waste.
• 444(C)(9): The rule adds the
requirement for a Smoke Management
Plan for prescribed burning in (a) Forest
Management, (b) Range Improvement,
and (c) Wildland Vegetation
Management.
• 444(D)(1): The rule deletes the
exemptions for (a) open fires in
agricultural operations at over 3,000 feet
elevation and (b) open fires in
agricultural burning at over 6,000 feet
elevation.
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EPA’s technical support document
(TSD) has more information about these
rules.
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). SIP rules in serious PM–10
nonattainment areas must require for
significant sources best available control
measures (BACM), including best
available control technology (BACT)
(see section 189(b)). GBUAPCD
regulates a serious PM–10
nonattainment area (see 40 CFR part 81),
so GBUAPCD Rules 405 and 431 must
fulfill the requirements of BACM/BACT.
MDAQMD regulates a moderate PM–10
nonattainment area (see 40 CFR part 81),
so MDAQMD Rule 444 must fulfill the
requirements of RACM/RACT.
Guidance and policy documents that
we used to help evaluate rules
consistently include the following:
• Requirements for Preparation,
Adoption, and Submittal of
Implementation Plans, U.S. EPA, 40
CFR part 51.
• PM–10 Guideline Document (EPA–
452/R–93–008).
• Technical Information Document
for Residential Wood Combustion Best
Available Control Measures, (EPA–450/
2–92–002).
• Minimum BACM/RACM Control
Measures for Residential Wood
Combustion Rules, EPA Region IX
(August 8, 2007).
B. Do the rules meet the evaluation
criteria?
We believe that GBUAPCD Rules 405
and 431 and MDAQMD Rule 444 are
consistent with the relevant policy and
guidance regarding enforceability,
BACM/BACT, RACM/RACT, and SIP
relaxations and should be given full
approval. The TSD has more
information on our evaluation.
C. EPA Recommendations To Further
Improve a Rule
The TSD describes an additional rule
revision that does not affect EPA’s
current action but is recommended for
the next time the local agency modifies
GBAPCD Rule 431.
D. 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
approval, so we are finalizing it without
proposing it in advance. However, in
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the Proposed Rules section of this
Federal Register, we are simultaneously
proposing approval of the same
submitted rule. If we receive adverse
comments by November 30, 2007, 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 December 31,
2007. This will incorporate the rule into
the federally enforceable SIP.
Please note that if EPA receives
adverse comment on an amendment,
paragraph, or section of this 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 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,
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Federal Register / Vol. 72, No. 210 / Wednesday, October 31, 2007 / Rules and Regulations
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 approves a State rule
implementing a Federal standard.
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. section 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. section 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 December 31,
2007. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
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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).)
ENVIRONMENTAL PROTECTION
AGENCY
List of Subjects in 40 CFR Part 52
AGENCY:
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: August 22, 2007.
Laura Yoshii,
Acting Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(342)(i)(D) and
(c)(350) to read as follows:
I
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(342) * * *
(i) * * *
(D) Great Basin Unified Air Pollution
Control District.
(1) Rule 405, adopted on September 5,
1974 and revised on July 7, 2005.
*
*
*
*
*
(350) New and amended regulations
were submitted on May 8, 2007, by the
Governor’s designee.
(i) Incorporation by reference.
(A) Great Basin Unified Air Pollution
Control District.
(1) Rule 431, adopted on December 7,
1990 and revised on December 4, 2006.
(B) Mojave Desert Air Quality
Management District.
(1) Rule 444, adopted on October 8,
1976 and amended on September 25,
2006.
[FR Doc. E7–21318 Filed 10–30–07; 8:45 am]
BILLING CODE 6560–50–P
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40 CFR Part 52
[EPA–R02–OAR–2007–0368, FRL–8478–5]
Approval and Promulgation of
Implementation Plans; New York
Emission Statement Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: The Environmental Protection
Agency (EPA) is approving the State
Implementation Plan (SIP) revision
submitted by the State of New York on
July 7, 2006 for the purpose of
enhancing an existing Emission
Statement Program for stationary
sources in New York. The SIP revision
consists of amendments to Title 6 of the
New York Codes Rules and Regulations,
Chapter III, Part 202, Subpart 202–2,
Emission Statements. The SIP revision
was submitted by New York to satisfy
the ozone nonattainment provisions of
the Clean Air Act. These provisions
require states in which all or part of any
ozone nonattainment area is located to
submit a revision to its SIP which
requires owner/operators of stationary
sources of volatile organic compounds
(VOC) and oxides of nitrogen (NOX) to
provide the State with a statement, at
least annually, of the source’s actual
emissions of VOC and NOX.
The Emission Statement SIP revision
EPA is approving enhances the
reporting requirements for VOC and
NOX and expands the reporting
requirement, based on specified
emission thresholds, to include carbon
monoxide (CO), sulfur dioxides (SO2),
particulate matter measuring 2.5
microns or less (PM2.5), particulate
matter measuring 10 microns or less
(PM10), ammonia (NH3), lead (Pb) and
lead compounds and hazardous air
pollutants (HAPS). The intended effect
is to obtain improved emissions related
data from facilities located in New York,
allowing New York to more effectively
plan for and attain the national ambient
air quality standards (NAAQS). The
Emission Statement rule also improves
EPA’s and the public’s access to facilityspecific emission related data.
DATES: Effective Date: This rule is
effective on November 30, 2007.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R02–OAR–2007–0368. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
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]]>Agencies
[Federal Register Volume 72, Number 210 (Wednesday, October 31, 2007)]
[Rules and Regulations]
[Pages 61525-61528]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21318]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2007-0459; FRL-8487-6]
Revisions to the California State Implementation Plan, Great
Basin Unified Air Pollution Control District and Mojave Desert 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
Great Basin Unified Air Pollution Control District (GBUAPCD) and Mojave
Desert Air Quality Management District (MDAQMD) portions of the
California State Implementation Plan (SIP). These revisions concern
particulate matter (PM-10) emissions from wood burning appliances and
open outdoor fires. We are approving local rules under the Clean Air
Act as amended in 1990 (CAA or the Act).
DATES: This rule is effective on December 31, 2007 without further
notice, unless EPA receives adverse comments by November 30, 2007. If
we receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2007-0459, by one of the following methods:
Federal eRulemaking Portal: www.regulations.gov. Follow
the on-line instructions.
E-mail: steckel.andrew@epa.gov.
[[Page 61526]]
Mail or deliver: Andrew Steckel (Air-4), 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: Al Petersen, EPA Region IX, (415) 947-
4118, petersen.alfred@epa.gov.
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 are the purposes 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. EPA Recommendation to Further Improve a Rule
D. 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 dates that the
rules were amended by the local air agencies and submitted by the
California Air Resources Board (CARB).
Table 1.--Submitted Rules
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Local agency Rule No. Rule title Revised or amended Submitted
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GBUAPCD.............................. 405 Exceptions.............. 07/07/05 Revised....... 10/20/05
GBUAPCD.............................. 431 Particulate Matter...... 12/04/06 Revised....... 05/08/07
MDAQMD............................... 444 Open Outdoor Fires...... 09/25/06 Amended....... 05/08/07
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On November 22, 2005, the submittal of GBUAPCD Rule 405 was
determined to meet the completeness criteria in 40 CFR part 51 appendix
V, which must be met before formal EPA review. On July 23, 2007, the
submittal of GBUAPCD Rule 431 and MDAQMD Rule 444 was determined to
meet the completeness criteria.
B. Are there other versions of these rules?
A version of GBUAPCD Rule 405 was approved into the SIP on June 6,
1977 (42 FR 28883). EPA has not acted on a version of Rule 405 revised
on May 8, 1996 and submitted on August 5, 2002. While we can act only
on the most recent version, we have considered the contents of the
superseded version.
A version of GBUAPCD Rule 431 was approved into the SIP on June 24,
1996 (61 FR 32341).
MDAQMD was previously comprised of the Riverside County Air
District (RCAD) and the San Bernardino County Air District (SBCAD). The
versions on which the current MDAQMD Rule 444 are based are RCAD Rule
444, SBCAD Rule 57, and SBCAD Rule 57.1, which were approved into the
SIP on September 8, 1978 (43 FR 40011), June 14, 1978 (43 FR 25684),
and June 14, 1978 (43 FR 25684), respectively.
C. What are the purposes of the submitted rule revisions?
Section 110(a) of the Clean Air Act (CAA) requires states to submit
regulations that control volatile organic compounds, nitrogen oxides,
particulate matter, and other air pollutants which harm human health
and the environment. These rules were developed as part of local air
districts' programs to control these pollutants.
The purposes of the submitted GBUAPCD Rule 405 revisions relative
to the SIP rule are as follows:
(405.preamble): The rule extends the applicability of the
listed exceptions to Rule 404-A, Particulate Matter, and Rule 404-B,
Oxides of Nitrogen, from the original Rule 400, Ringlemann Chart.
(405.C,E): The rule deletes the exceptions to open burning
regulations for agricultural operations and the use of other
agricultural equipment necessary in the growing of crops or raising of
fowl or animals.
(405.F,G,H,I,J): The rule adds exceptions to open burning
regulations for (a) the treatment of waste propellants, explosives, and
pyrotechnics in open burning/open detonation operations on military
bases for operations approved in a burn plan as regulated by SIP Rule
432, (b) burning of materials for special effects in filming or video
operations, (c) the disposal of contraband by burning, (d) recreational
or ceremonial fires, and (e) a fire set for the purpose of eliminating
a public health hazard that cannot be abated by any other practical
means.
The purposes of the submitted GBUAPCD Rule 431 revisions relative
to the SIP rule are as follows:
431.A: The rule is expanded to include communities that
are determined by the Board of GBUAPCD to be High Road Dust Areas
(HRDA) or High Wood Smoke Areas (HWSA), which contribute to exceedences
of state or federal 24-hour PM-2.5 or PM-10 standards. The SIP rule
applies only to the Town of Mammoth Lakes.
431.B: The rule adds appropriate definitions for HRDA and
HWSA in addition to the HRDA and HWSA government agencies that regulate
these areas.
431.C.5: The rule adds the requirement that a HWSA keep a
record of all EPA Phase II certified wood-burning appliances.
431.D.3 and 4: The rule adds the requirement to obtain a
building permit from the Town of Mammoth Lakes for the installation of
all solid fuel burning appliances. Outside the Town of
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Mammoth Lakes, the building permit is obtained from the HWSA agency.
431.D.5 and E: The rule adds requirements for inspectors
for verification of compliance with regulations for installation of new
certified solid fuel burning appliances and removal or replacement of
non-certified appliances.
431.I and J: The rule adds requirements and thresholds for
mandatory curtailment and voluntary curtailment of solid fuel
combustion in the Town of Mammoth Lakes and HWSA areas.
The purposes of the submitted MDAQMD Rule 444 revisions relative to
the SIP rules are as follows:
444(A): The rule is revised to apply the District Smoke
Management Program to open burning while minimizing smoke impacts to
the public.
444(B)(13): The rule replaces an ``Approved Burn Plan''
with a ``Smoke Management Plan.''
444(C)(1): The rule adds the requirement for all burn
projects that are greater than 10 acres or that are estimated to
produce more than one ton of particulate matter shall be conducted in
accordance with the Smoke Management Program.
444(C)(2): The rule adds a list of materials prohibited
from open burning.
444(C)(3): The rule adds the permission to burn during
adverse meteorological conditions in a case where there would be an
imminent and substantial economic loss, providing a special permit is
obtained from the District and not a local fire agency.
444(C)(4): The rule adds the provision for a prescribed
burn permittee to obtain from CARB up to 48 hours in advance of the
burn day a permissive-burn, marginal-burn, or no-burn forecast.
444(C)(6): The rule adds requirements for ignition,
stacking, drying, and time of day for open burning, except for
prescribed burning.
444(C)(7): The rule adds to the list of burning
applications with a permit (a) empty containers used for explosives,
(b) right-of-way clearance for a public entity or utility, or (c) wood
waste.
444(C)(9): The rule adds the requirement for a Smoke
Management Plan for prescribed burning in (a) Forest Management, (b)
Range Improvement, and (c) Wildland Vegetation Management.
444(D)(1): The rule deletes the exemptions for (a) open
fires in agricultural operations at over 3,000 feet elevation and (b)
open fires in agricultural burning at over 6,000 feet elevation.
EPA's technical support document (TSD) has more information about
these rules.
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). SIP rules in serious PM-10 nonattainment areas must require for
significant sources best available control measures (BACM), including
best available control technology (BACT) (see section 189(b)). GBUAPCD
regulates a serious PM-10 nonattainment area (see 40 CFR part 81), so
GBUAPCD Rules 405 and 431 must fulfill the requirements of BACM/BACT.
MDAQMD regulates a moderate PM-10 nonattainment area (see 40 CFR part
81), so MDAQMD Rule 444 must fulfill the requirements of RACM/RACT.
Guidance and policy documents that we used to help evaluate rules
consistently include the following:
Requirements for Preparation, Adoption, and Submittal of
Implementation Plans, U.S. EPA, 40 CFR part 51.
PM-10 Guideline Document (EPA-452/R-93-008).
Technical Information Document for Residential Wood
Combustion Best Available Control Measures, (EPA-450/2-92-002).
Minimum BACM/RACM Control Measures for Residential Wood
Combustion Rules, EPA Region IX (August 8, 2007).
B. Do the rules meet the evaluation criteria?
We believe that GBUAPCD Rules 405 and 431 and MDAQMD Rule 444 are
consistent with the relevant policy and guidance regarding
enforceability, BACM/BACT, RACM/RACT, and SIP relaxations and should be
given full approval. The TSD has more information on our evaluation.
C. EPA Recommendations To Further Improve a Rule
The TSD describes an additional rule revision that does not affect
EPA's current action but is recommended for the next time the local
agency modifies GBAPCD Rule 431.
D. 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
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rule. If we
receive adverse comments by November 30, 2007, 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 December 31, 2007. This will incorporate the
rule into the federally enforceable SIP.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this 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 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,
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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 approves a State rule
implementing a Federal standard.
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. section 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.
section 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 December 31, 2007. 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: August 22, 2007.
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)(342)(i)(D) and
(c)(350) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(342) * * *
(i) * * *
(D) Great Basin Unified Air Pollution Control District.
(1) Rule 405, adopted on September 5, 1974 and revised on July 7,
2005.
* * * * *
(350) New and amended regulations were submitted on May 8, 2007, by
the Governor's designee.
(i) Incorporation by reference.
(A) Great Basin Unified Air Pollution Control District.
(1) Rule 431, adopted on December 7, 1990 and revised on December
4, 2006.
(B) Mojave Desert Air Quality Management District.
(1) Rule 444, adopted on October 8, 1976 and amended on September
25, 2006.
[FR Doc. E7-21318 Filed 10-30-07; 8:45 am]
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