Revisions to the California State Implementation Plan, Ventura ...

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Revisions to the California State Implementation Plan, VenturaCounty Air Pollution Control District

Released : Wednesday, July 30, 2008 9:26 AM
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Final rule.
CFR Part: "40 CFR Part 52"
Citation: "73 FR 44155"
Document Number: "EPA-R09-OAR-2008-0237; FRL-8695-7"
Page Number: "44155"
"Rules and Regulations"
SUMMARY: EPA is finalizing approval of revisions to the VenturaCounty Air Pollution Control District (VCAPCD) portion of theCalifornia State Implementation Plan (SIP). These revisions wereproposed in the Federal Register on May 9, 2008 and concern oxidesof nitrogen (NO X ) emissions from stationary internal combustion engines. We areapproving a local rule that regulates these emission sources underthe Clean Air Act as amended in 1990 (CAA or the Act).
EFFECTIVE DATE: Effective Date: This rule is effective on August29, 2008.
ADDRESSES: EPA has established docket numberEPA-R09-OAR-2008-0237 for this action. The index to the docket isavailable electronically at www.regulations.gov and in hard copy atEPA Region IX, 75 Hawthorne Street, San Francisco, California.While all documents in the docket are listed in the index, someinformation may be publicly available only at the hard copylocation (e.g., copyrighted material), and some may not be publiclyavailable in either location (e.g., CBI). To inspect the hard copymaterials, please schedule an appointment during normal businesshours with the contact listed in the FOR FURTHER INFORMATIONCONTACT section.
FOR FURTHER INFORMATION CONTACT: Francisco Dontez, EPA RegionIX, (213) 244-1834, Donez.Francisco@epa.gov.
SUPPLEMENTARY 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 May 9, 2008 (73 FR 26355), EPA proposed to approve thefollowing rule into the California SIP.




We proposed to approve this rule because we determined that itcomplied with the relevant CAA requirements. Our proposed actioncontains more information on the rule 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 thesubmitted rule complies with the relevant CAA requirements.Therefore, as authorized in section 110(k)(3) of the Act, EPA isfully approving this rule into the California SIP.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required toapprove a SIP submission that complies with the provisions of theAct and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR52.02(a). Thus, in reviewing SIP submissions, EPA's role is toapprove state choices, provided that they meet the criteria of theClean Air Act. Accordingly, this action merely approves state lawas meeting Federal requirements and does not impose additionalrequirements beyond those imposed by state law. For that reason,this action:
* Is not a "significant regulatory action" subject to review bythe Office of Management and Budget under Executive Order 12866 (58FR 51735, October 4, 1993);
* Does not impose an information collection burden under theprovisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
* Is certified as not having a significant economic impact on asubstantial number of small entities under the RegulatoryFlexibility Act (5 U.S.C. 601 et seq.);
* Does not contain any unfunded mandate or significantly oruniquely affect small governments, as described in the UnfundedMandates Reform Act of 1995 (Pub. L. 104-4);
* Does not have Federalism implications as specified inExecutive Order 13132 (64 FR 43255, August 10, 1999);
* Is not an economically significant regulatory action based onhealth or safety risks subject to Executive Order 13045 (62 FR19885, April 23, 1997);
* Is not a significant regulatory action subject to ExecutiveOrder 13211 (66 FR 28355, May 22, 2001);
* Is not subject to requirements of Section 12(d) of theNational Technology Transfer and Advancement Act of 1995 (15 U.S.C.272 note) because application of those requirements would beinconsistent with the Clean Air Act; and
* Does not provide EPA with the discretionary authority toaddress, as appropriate, disproportionate human health orenvironmental effects, using practicable and legally permissiblemethods, under Executive Order 12898 (59 FR 7629, February 16,1994).
In addition, this rule does not have tribal implications asspecified by Executive Order 13175 (65 FR 67249, November 9, 2000),because the SIP is not approved to apply in Indian country locatedin the state, and EPA notes that it will not impose substantialdirect costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added bythe Small Business Regulatory Enforcement Fairness Act of 1996,generally provides that before a rule may take effect, the agencypromulgating the rule must submit a rule report, which includes acopy of the rule, to each House of the Congress and to theComptroller General of the United States. EPA will submit a reportcontaining this action and other required information to the U.S.Senate, the U.S. House of Representatives, and the ComptrollerGeneral of the United States prior to publication of the rule inthe Federal Register . A major rule cannot take effect until 60days after it is published in the Federal Register . This action isnot a "major rule" as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions forjudicial review of this action must be filed in the United StatesCourt of Appeals for the appropriate circuit by September 29, 2008.Filing a petition for reconsideration by the Administrator of thisfinal rule does not affect the finality of this action for thepurposes of judicial review nor does it extend the time withinwhich a petition for judicial review may be filed, and shall notpostpone the effectiveness of such rule or action. This action maynot 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, Incorporationby reference, Intergovernmental relations, Nitrogen dioxide, Ozone,Reporting and recordkeeping requirements.
Dated: June 30, 2008.
Laura Yoshii,
Acting Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code of Federal Regulationsis amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read asfollows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
2. Section 52.220 is amended by adding paragraph (c)(344)(i)(D)to read as follows:
SEC 52.220 Identification of plan.
* * * * *
(c) * * *
(344) * * *
(i) * * *
(D) Ventura County Air Pollution Control District.
(1) Rule 74.9, Stationary Internal Combustion Engines, adoptedon November 8, 2005.
* * * * *
[FR Doc. E8-17471 Filed 7-29-08; 8:45 am]
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