Federal Register: April 27, 2009 (Volume , Number )
DOCID: fr27ap09-8 FR Doc E9-9436
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
EPA ID: [EPA-R09-OAR-2008-0502; FRL-8783-5]
NOTICE: RULES
DOCID: fr27ap09-8
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY:
Revisions to the California State Implementation Plan, South Coast Air Quality Management District
DATES: Effective Date: This rule is effective on May 27, 2009.
DOCUMENT SUMMARY:
EPA is finalizing approval of revisions to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). These revisions were proposed in the Federal Register on July 30, 2008 and concern oxides of nitrogen (NOx) emissions from gaseous and liquidfueled internal combustion engines. We are approving a local rule that regulates these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
SUMMARY:
Revisions to the California State Implementation Plan, South Coast Air Quality Management District,
SUPPLEMENTAL INFORMATION
Throughout this document, ``we,'' ``us'' and ``our'' refer to EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On July 30, 2008 (73 FR 44204), EPA proposed to approve the following rule into the California SIP.
Local agency Rule No. Rule title Adopted Submitted
SCAQMD................................ 1110.2 Gaseous and Liquid 02/01/08 05/20/08
Fueled Internal
Combustion Engines. [[Page 18996]]
We proposed to approve this rule because we determined that it complied with the relevant CAA requirements. Our proposed action contains more information on the rule and our evaluation.
II. Public Comments and EPA Responses
EPA's proposed action provided a 30day public comment period. During this period, we received comments from the following parties.
1. Charles Humphrey, Jr., Sempra Energy Utilities (SEU); letter dated August 29, 2008 and received August 29, 2008.
2. B. Sachau; email message dated July 30, 2008 and received July 30, 2008.
3. U.S. Citizen (anonymous); web comment submitted July 31, 2008.
The comments and our responses are summarized below.
Comment #1: Rule 1110.2, subsection (f)(1)(G), requires that portable analyzers be operated only by persons appropriately trained and certified by the District. However, as of the date of the letter, the District had not initiated training or certification programs for this purpose. If operators are unable to obtain this required training in a timely manner, they may be prevented, through no fault of their own, from certifying compliance by the end of the reporting year as the rule requires. (SEU)
Response #1: This comment more regards how Rule 1110.2 is
implemented in the near term rather than the requirements of the rule.
The commenter does not dispute those rule requirements. EPA's proposal
to approve Rule 1110.2 into the California SIP is based on the rule's
requirements as written, which fulfill the relevant CAA criteria for
SIP approval. EPA contacted SCAQMD regarding this question in early
October. The District informed us at that time that some training
sessions had already been scheduled. For further questions, EPA
recommends contacting SCAQMD directly, or referring to the District's
rule support documents at http://www.aqmd.gov/rules/support.html. See also response
Comment #2: Rule 1110.2, subsection (f)(1)(C), requires that source testing shall be conducted in accordance with a Districtapproved source test protocol. However, as of the comment letter date the District had yet to issue written approval of the source test protocols that SEU submitted for its engines. Therefore, SEU may not be able to perform the required source tests before the Rule 1110.2 deadline, putting the affected engines at risk of violating the rule. (SEU)
Response #2: In a conversation in early October, SCAQMD assured us
that if for some reason the District is unable to act on the submitted
source test protocols in a timely manner, they would extend the
relevant deadlines. Also see Response
Comment #3: By being constrained from fulfilling certain rule
requirements in a timely manner (as in Comments
Response #3: EPA acknowledges this concern and recognizes that sources may depend on District action in order to fully comply with the rule. Although these rule implementation issues do not affect our decision to approve Rule 1110.2, we are willing to work with SCAQMD to reasonably resolve concerns with related Title V permitting requirements.
The other comments received did not relate to our proposal to approve Rule 1110.2, and are therefore not addressed here.
III. EPA Action
No comments were submitted that change our assessment that the submitted rule complies with the relevant CAA requirements. Therefore, as authorized in section 110(k)(3) of the Act, EPA is fully approving this rule into the California SIP.
IV. 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:
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
[[Page 18997]]
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 June 26, 2009. 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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements.
Dated: March 2, 2009.
Laura Yoshii,
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 FCalifornia
2. Section 52.220 is amended by adding and reserving paragraph (c)(359) and by adding paragraph (c)(360) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(359) [Reserved]
(360) New and amended regulations were submitted on May 20, 2008 by the Governor's designee.
(i) Incorporation by Reference.
(A) South Coast Air Quality Management District
(1) Rule 1110.2, ``Gaseous and LiquidFueled Internal Combustion
Engines, adopted on August 3, 1990 and amended February 1, 2008. [FR Doc. E99436 Filed 42409; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT
Francisco D[oacute][ntilde]ez, EPA Region IX, (213) 2441834, Donez.Francisco@epa.gov.