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Proposed Rule

Corrections to the California State Implementation Plan

Action

Proposed Rule.

Summary

EPA is proposing to delete various local rules and state statutes from the California State Implementation Plan (SIP) that were incorporated into the SIP in error. These primarily include rules and statutes concerning procedures before the local hearing board, local fees, enforcement authorities, administrative permit requirements, and appeals. EPA has determined that the continued presence of these rules and statutes in the SIP is potentially confusing and thus problematic for affected sources, the State, local agencies, and EPA. The intended effect of this proposal is to delete these rules and statutes to make the SIP consistent with the Clean Air Act as amended in 1990 (CAA or the Act).

 

Table of Contents Back to Top

Tables Back to Top

DATES: Back to Top

Any comments must arrive by February 23, 2004.

ADDRESSES: Back to Top

Send comments to Andrew Steckel, Rulemaking Office Chief (AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901 or e-mail to steckel.andrew@epa.gov, or submit comments at http://www.regulations.gov.

You may inspect copies of the rules to be deleted and public comments at our Region IX office during normal business hours by appointment. You may also see copies of the rules by appointment at the locations listed in SUPPLEMENTARY INFORMATION under “Public Inspection.”

FOR FURTHER INFORMATION CONTACT: Back to Top

Julie A. Rose, Region IX, (415) 947-4126. E-mail: rose.julie@EPA.gov.

SUPPLEMENTARY INFORMATION: Back to Top

Public Inspection Back to Top

California Air Resources Board, Stationary Source Division, Rule Evaluation Section, 1001 “I” Street, Sacramento, CA 95814.

Amador County Air Pollution Control District, 500 Argonaut Lane, Jackson, CA 95642.

Antelope Valley Air Pollution Control District, 43301 Division Street, Suite 206, Lancaster, CA 93539-4409.

Bay Area Air Quality Management District, 939 Ellis Street, San Francisco, CA 94109.

Butte County Air Quality Management District, 2525 Dominic Drive, Suite J, Chico, CA 95928-7184.

Calaveras County Air Pollution Control District, 891 Mountain Ranch Road, San Andreas, CA 95249-9709.

Colusa County Air Pollution Control District, 100 Sunrise Blvd. Suite F, Colusa, CA 95932-3246.

El Dorado County Air Pollution Control District, 2850 Fairlane Court, Building C, Placerville, CA 95667-4100.

Feather River Air Quality Management District, 938—14th Street, Marysville, CA 95901-4149.

Glenn County Air Pollution Control District, 720 North Colusa Street, Willows, CA 95988-0351.

Great Basin Unified Air Pollution Control District, 157 Short Street, Suite 6, Bishop, CA 93514.

Imperial County Air Pollution Control District, 150 South Ninth Street, El Centro, CA 92243-2801.

Kern County (Southeast Desert) Air Pollution Control District, 2700 M. Street, Suite 302,Bakersfield, CA 93301-2370.

Lake County Air Quality Management District, 885 Lakeport Boulevard, Lakeport, CA 95453-5405.

Lassen County Air Pollution Control District, 175 Russell Avenue, Susanville, CA 96130-4215.

Mariposa County Air Pollution Control District, 5110 Bullion Street, Mariposa, CA 95338.

Mendocino County Air Quality Management District, 306 E. Gobbi Street, Ukiah, CA 95482.

Modoc County Air Pollution Control District, 202 W. Fourth Street, Alturas, CA 96101.

Mojave Desert Air Quality Management District, 14306 Park Avenue, Victorville, CA 92392-2310.

Monterey Bay Unified Air Pollution Control District, 24580 Silver Cloud Ct., Monterey, CA 93940-6536.

North Coast Unified Air Quality Management District, 2300 Myrtle Avenue, Eureka, CA 95501-3327.

Northern Sierra Air Quality Management District, 200 Litton Drive, Suite 320, Grass Valley, CA 95945-2509.

Northern Sonoma County Air Pollution Control District, 150 Matheson Street, Healdsburg, CA 95448-4908.

Placer County Air Pollution Control District, 11464 B Avenue, Auburn, CA 95603.

San Diego County Air Pollution Control District, 9150 Chesapeake Drive, San Diego, CA 92123-1096.

San Joaquin Valley Unified Air Pollution Control District, 1990 East Gettysburg,Fresno, CA 93726.

San Luis Obispo County Air Pollution Control District, 3433 Roberto Court, San Luis Obispo, CA 93401-7126.

Santa Barbara County Air Pollution Control District, 26 Castilian Drive, B-23,Goleta, CA 93117.

Shasta County Air Quality Management District, 1855 Placer Street, Suite 101, Redding, CA 96001-1759.

Siskiyou County Air Pollution Control District, 525 South Foothill Drive, Yreka, CA 96097-3036.

South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, CA 91765.

Tehama County Air Pollution Control District, 1750 Walnut Street, Red Bluff, CA 96080.

Tuolumne County Air Pollution Control District, 22365 Airport, Columbia, CA 95310.

Ventura County Air Pollution Control District, 669 County Square Drive, Ventura, CA 93003.

Yolo-Solano Air Quality Management District, 1947 Galileo Court, Suite 103, Davis, CA 95616.

Throughout this document wherever “we,” “us,” or “our” are used, we mean EPA.

Table of Contents Back to Top

I. Why is EPA proposing to correct the SIP?

II. What rules are proposed for deletion?

III. Proposed action, public comment and final action

IV. Administrative Requirements

I. Why Is EPA Proposing To Correct the SIP? Back to Top

The Clean Air Act was first enacted in 1970. In the 1970s and early 1980s, thousands of state and local agency regulations were submitted to EPA for incorporation into the SIP in order to fulfill the new federal requirements. In many cases, states submitted entire regulatory air pollution programs, including many elements not required by the Act. Due to time and resource constraints, EPA's review of these submittals focused primarily on the new substantive requirements and we approved many other elements into the SIP with minimal review.

We now recognize that many of these elements were not appropriate for approval into the SIP. In general, these elements are appropriate for state and local agencies to adopt and implement, but it is not necessary or appropriate to make them federally enforceable by incorporating them into the applicable SIP. These include:

A. Rules that govern local hearing board procedures and other administrative requirements such as frequency of meetings, salaries paid to board members, and procedures for petitioning for a local hearing.

B. Administrative permit rules such as those that describe procedures for action, denial, appeal, and reinstatement of permits to operate. Substantive local requirements to fulfill CAA new source review and operating permit provisions are federally approved or delegated elsewhere.

C. Variance provisions that provide for modification of the requirements of the applicable SIP. The variance procedures included in today's action are based in State law. See California Health Safety Code sections 42350-42364. State- or district-issued variances provide an applicant with a mechanism to obtain relief from state enforcement of a state or local rule under certain conditions. Pursuant to federal law, specifically section 110(i) of the Clean Air Act, 42 U.S.C. 7410(i), neither EPA nor a state may revise a State Implementation Plan (SIP) by issuing an “order, suspension, plan revision or other action modifying any requirement of an applicable implementation plan” without a plan promulgation or revision. EPA and California have long recognized that a state-issued variance, though binding as a matter of state law, does not prevent EPA from enforcing the underlying SIP provisions unless and until EPA approves that variance as a SIP revision. The variance provisions included in today's action are deficient for various reasons, including their failure to address the fact that a state- or district-issued variance has no effect on federal enforceability unless the variance is submitted to and approved by EPA as a SIP revision. Therefore, their inclusion in the SIP is inconsistent with the Act and may be confusing to regulated industry and the general public. Moreover, because state-issued variances require independent EPA approval in order to modify the substantive requirements of a SIP, removal of these variance provisions from the SIP will have no effect on regulated entities. See Industrial Environmental Association v. Browner, No. 97-71117 (9th Cir., May 26, 2000).

D. Various provisions describing local agency investigative or enforcement authority including the authority to inspect or arrest, issue violation notices, and issue orders for abatement. States may need to adopt such rules to demonstrate adequate enforcement authority under section 110(a)(2) of the Act, but they should not be approved into the applicable SIP to avoid potential conflict with EPA's independent authorities provided in CAA section 113, section 114 and elsewhere.

E. Local fee provisions that are not economic incentive programs and are not designed to replace or relax a SIP emission limit. While it is appropriate for local agencies to implement fee provisions, for example, to recover costs for issuing permits, it is generally not appropriate to make local fee collection federally enforceable.

II. What Rules are Proposed for Deletion? Back to Top

EPA has determined that the California rules listed in the tables below are inappropriate for inclusion in the SIP, but were previously approved into the SIP in error. Dates that these rules were submitted by the State and approved by EPA are provided. We are proposing deletion of these rules and any earlier versions of these rules from the individual air pollution control district portions of the California SIP under CAA section 110(k)(6) as inconsistent with the requirements of CAA section 110 and title I, part D.

California State Statutes Back to Top
Statutory Provision Title Submittal date Approval date
California Health Safety Code, sections 24292, and 24296 to 24303 (1972) Variances 02/21/72 05/31/72
California Health Safety Code, sections 24310 to 24323 (1972) Procedure 02/21/72 05/31/72
California Health Safety Code, sections 24362.6 to 24363 and 24365.1 to 24365.12 (1972) Rules and Regulations 02/21/72 05/31/72
Local Air Pollution Control Rules Back to Top
Rule Title Submittal date Approval date
Amador County Air Pollution Control District      
504 Action on Applications 10/16/85 04/17/87
506 Denial of Application 10/16/85 04/17/87
509 Authority to Inspect 10/16/85 04/17/87
519 Appeals 10/16/85 04/17/87
520 Reinstatement 10/16/85 04/17/87
717 Lack of Permit 04/21/76 01/24/78
Antelope Valley Air Pollution Control District      
211 Action on Permits 04/21/76 11/09/78
214 Denial of Permits 04/21/76 11/09/78
215 Permits Deemed Denied 04/21/76 11/09/78
216 Appeals 04/21/76 11/09/78
301 Permit Fees 07/19/83 10/19/84
301.1 Permit Fee Rates 07/19/83 10/19/84
301.2 Fee Schedules 07/19/83 10/19/84
302 Fees for Publication 02/03/83 11/18/83
303 Hearing Board Fees 02/03/83 11/18/83
304 Analysis Fees 02/03/83 10/19/84
1231 Judicial Review 01/02/79 05/09/80
Bay Area Air Quality Management District      
1-402.1/402.1 Status of Violation Notices During Variance Proceedings 02/16/99 06/28/99
Butte County Air Pollution Control District      
422 Required Information 03/26/96 05/02/01
423 Action on Applications 02/10/86 02/03/87
425 Appeals 02/10/86 02/03/87
Calaveras County Air Pollution Control District      
204 Applications 06/30/72 09/22/72
206 Action on Applications 06/30/72 09/22/72
210 Denial of Applications 06/30/72 09/22/72
211 Further Information 06/30/72 09/22/72
212 Application Deemed Denied 06/30/72 09/22/72
213 Appeals 06/30/72 09/22/72
717 Lack of Permit 07/22/75 08/22/77
Colusa County Air Pollution Control District      
1.6 Air Resources Board Power to Supersede 06/30/72 09/22/72
2.9 Denial of Applications 06/30/72 09/22/72
2.10 Further Information 06/30/72 09/22/72
2.11 Action on Applications 06/30/72 09/22/72
2.12 Appeals 06/30/72 09/22/72
4.2 Analyses Required 06/30/72 09/22/72
El Dorado County Air Pollution Control District      
El Dorado County      
77 Rejection of Applications 02/21/72 05/31/72
78 Further Information 02/21/72 05/31/72
79 Actions on Applications 02/21/72 05/31/72
80 Appeals 02/21/72 05/31/72
700 Applicable Articles of the Health and Safety Code 11/04/77 11/06/78
701 General 04/10/75 06/14/78
702 Filing Petitions 04/10/75 06/14/78
703 Contents of Petitions 11/04/77 11/06/78
704 Petitions for Variances 04/10/75 06/14/78
705 Appeal from Denial 04/10/75 06/14/78
706 Failure to Comply With Rules 04/10/75 06/14/78
707 Answers 04/10/75 06/14/78
708 Dismissal of Petition 04/10/75 06/14/78
709 Place of Hearing 04/10/75 06/14/78
710 Notice of Public Hearing 11/04/77 11/06/78
711 Evidence 04/10/75 06/14/78
712 Preliminary Matters 04/10/75 06/14/78
713 Official Notice 04/10/75 06/14/78
714 Continuances 04/10/75 06/14/78
715 Decision 04/10/75 06/14/78
716 Effective Date of Decision 04/10/75 06/14/78
717 Lack of Permit 04/10/75 06/14/78
Lake Tahoe Air Basin      
512 Applications 02/11/80 05/18/81
514 Action on Applications 02/11/80 05/18/81
519 Further Information 02/11/80 05/18/81
520 Application Deemed Denied 02/11/80 05/18/81
521 Denial of Applications 02/11/80 05/18/81
522 Revocation of a Permit 02/11/80 05/18/81
523 Appeals 02/11/80 05/18/81
524 Reinstatement 02/11/80 05/18/81
702 Filing Petitions 05/23/79 05/18/81
703 Contents of Petitions 05/23/79 05/18/81
704 Petitions for Variances 05/23/79 05/18/81
707 Answers 05/23/79 05/18/81
708 Dismissal of Petition 05/23/79 05/18/81
709 Place of Hearing 05/23/79 05/18/81
710 Notice of Hearing 05/23/79 05/18/81
Mountain Counties Air Basin      
520 Reinstatement 04/17/80 05/27/82
700 Applicable Articles of the Health and Safety Code 04/11/83 11/18/83
702 Filing Petitions 04/11/83 11/18/83
703 Contents of Petitions 04/11/83 11/18/83
710 Notice of Public Hearing 10/23/81 05/27/82
Feather River Air Quality Management District      
Sutter County      
4.7 Denial of Applications 01/28/81 01/28/81
4.9 Action on Applications 01/28/81 01/28/81
4.10 Appeals 01/28/81 01/28/81
5.18 Lack of Permit 01/28/81 04/12/82
9.7 Permit Actions 01/28/81 04/12/82
9.8 Variance Actions 01/28/81 04/12/82
Yuba County      
4.7 Denial of Applications 03/30/81 04/12/82
4.8 Further Information 03/30/81 04/12/82
4.9 Action on Applications 03/30/81 04/12/82
4.10 Appeals 03/30/81 04/12/82
4.11 Variance Action 03/30/81 04/12/82
5.00 General 10/15/79 01/26/82
5.01 Hearing Board 10/15/79 01/26/82
5.02 Procedures 10/15/79 01/26/82
5.03 Hearings 10/15/79 01/26/82
5.04 Contents of Petition for Hearing 03/30/81 01/26/82
5.05 Request for Variances 10/15/79 04/12/82
5.06 Appeal from Denial 10/15/79 01/26/82
5.07 Failure to Comply with Rules 10/15/79 01/26/82
5.08 Answers 10/15/79 01/26/82
5.09 Dismissal of Request for a Hearing 10/15/79 01/26/82
5.10 Place of Hearing 10/15/79 01/26/82
5.11 Notice of Hearing 10/15/79 01/26/82
5.12 Evidence 10/15/79 01/26/82
5.13 Preliminary Matters 10/15/79 01/26/82
5.14 Official Notice 10/15/79 01/26/82
5.15 Continuances 10/15/79 01/26/82
5.16 Decision 10/15/79 01/26/82
5.17 Effective Date of Decision 10/15/79 01/26/82
5.18 Lack of Permit 10/15/79 01/26/82
5.19 Record of Hearing 10/15/79 01/26/82
6.0 Variances 03/30/81 01/26/82
6.1 Interim Variances 10/15/79 01/26/82
6.2 Limitation of Granting Variance 10/15/79 01/26/82
6.3 Hearing Board May Impose Other Requirements 10/15/79 01/26/82
6.4 Cash Bond 10/15/79 01/26/82
6.5 Modifying or Revoking Variances 10/15/79 01/26/82
6.6 Variance Time Period 10/15/79 01/26/82
6.7 Variance Action 10/15/79 01/26/82
Glenn County Air Pollution Control District      
53 Denial of Permit 06/30/72 09/22/72
54 Action on Application 06/30/72 09/22/72
55 Appeals 06/30/72 09/22/72
96 Variances 11/03/80 01/26/82
97 Exceptions 06/30/72 09/22/72
Great Basin Unified Air Pollution Control District      
107 Constitutionality 04/21/76 06/06/77
203 Applications 12/17/79 06/18/82
211 Denial of Applications 04/21/76 12/08/76
214 Appeals 04/21/76 12/08/76
616 Effective Date of Decision 04/21/76 06/06/77
Imperial County Air Pollution Control District      
110 Appeals 02/21/72 05/31/72
204 Applications 06/09/87 02/03/89
210 Denial of Applications 06/09/87 02/03/89
Kern County Air Pollution Control District—Southeast Desert      
110 Arrests and Notices to Appear 12/15/80 07/06/82
204 Applications 06/30/72 09/22/72
206 Action on Applications 06/30/72 09/22/72
210 Denial of Applications 06/30/72 09/22/72
211 Further Information 06/30/72 09/22/72
212 Applications Deemed Denied 06/30/72 09/22/72
213 Appeals 06/30/72 09/22/72
518 Lack of Permit 07/19/74 08/22/77
Lake County Air Quality Management District      
631 Duplicate Permit 08/06/82 11/10/82
660 Renewal Fees 05/23/79 01/27/81
660.1 Permit Fee Penalty 08/06/82 11/10/82
660.2 Cancellation or Denial 08/06/82 11/10/82
660.3 Miscellaneous Charges 08/06/82 11/10/82
Lassen County Air Pollution Control District      
2.02 Time to Obtain Permit to Operate 06/30/72 09/22/72
2.04 Applications 06/30/72 09/22/72
2.06 Action on Applications 06/30/72 09/22/72
2.10 Denial of Applications 06/30/72 09/22/72
2.11 Further Information 06/30/72 09/22/72
2.12 Applications Deemed Denied 06/30/72 09/22/72
2.13 Appeals 06/30/72 09/22/72
Mariposa County Air Pollution Control District      
16 Revocation of Permit 06/30/72 09/22/72
514 Appeals 06/06/77 08/16/78
617 Lack of Permit 01/10/75 08/22/77
Mendocino County Air Quality Management District      
230 Action on Applications—Two Introductory Paragraphs 08/06/82 07/31/85
230-C Denial of Application 08/06/82 07/31/85
250 Appeals 04/17/80 06/18/82
630 Decisions 11/10/76 11/07/78
Modoc County Air Pollution Control District      
2.02 Time to Obtain Permit to Operate 06/30/72 09/22/72
2.04 Applications 06/30/72 09/22/72
2.06 Action on Applications 06/30/72 09/22/72
2.10 Denial of Applications 06/30/72 09/22/72
2.12 Applications Deemed Denied 06/30/72 09/22/72
2.13 Appeals 06/30/72 09/22/72
Mojave Desert Air Quality Management District      
Riverside County      
210 Applications 06/06/77 11/09/78
211 Action on Permits 06/06/77 11/09/78
214 Denial of Permits 06/06/77 11/09/78
215 Permits Deemed Denied 06/06/77 11/09/78
216 Appeals 06/06/77 11/09/78
302 Fees for Publication 02/03/83 11/18/83
303 Hearing Board Fees 02/03/83 11/18/83
304 Analysis Fees 02/03/83 11/18/83
517 Lack of Permit 06/06/77 09/08/78
1201 Discretion to Hold Hearing 01/02/79 05/09/80
1202 Notice 01/02/79 05/09/80
1203 Petitions 01/02/79 05/09/80
1204 Answers to Petitions 01/02/79 05/09/80
1205 Function of the Board 01/02/79 05/09/80
1206 Appearances 07/25/79 09/28/81
1207 Service and Filing 07/19/83 02/01/84
1208 Rejection of Documents 07/25/79 09/28/81
1209 Form and Size 01/02/79 05/09/80
1210 Copies 01/02/79 05/09/80
1211 Subpoenas 01/02/79 05/09/80
1212 Continuances 07/25/79 09/28/81
1213 Request for Continuances or Time Extensions 07/25/79 09/28/81
1214 Transcript and Record 01/02/79 05/09/80
1215 Conduct of Hearing 07/25/79 09/28/81
1216 Presiding Officer 07/25/79 09/28/81
1217 Disqualification of Hearing Officer or Board Officer 01/02/79 05/09/80
1218 Ex Parte Communications 07/25/79 09/28/81
1219 Evidence 07/25/79 09/28/81
1220 Prepared Testimony 01/02/79 05/09/80
1221 Official Notice 01/02/79 05/09/80
1222 Order of Proceedings 07/25/79 09/28/81
1223 Prehearing Conference 01/02/79 05/09/80
1224 Opening Statements 01/02/79 05/09/80
1225 Conduct of Cross-Examination 07/25/79 09/28/81
1226 Oral argument 07/25/79 09/28/81
1227 Briefs 07/25/79 09/28/81
1228 Motions 07/25/79 09/28/81
1229 Decisions 07/25/79 09/28/81
1230 Proposed Decisions and Exceptions 07/25/79 09/28/81
San Bernardino County      
210 Applications 06/06/77 11/09/78
211 Action on Permits 06/06/77 11/09/78
214 Denial of Permits 06/06/77 11/09/78
215 Permits Deemed Denied 06/06/77 11/09/78
216 Appeals 06/06/77 11/09/78
517 Lack of Permit 06/06/77 09/08/78
Monterey Bay Unified Air Pollution Control District      
203 Application 02/06/85 07/13/87
210 Denial of Applications 02/06/85 07/13/87
211 Appeals 02/06/85 07/13/87
North Coast Unified Air Quality Management District      
250 Appeals 03/23/81 06/18/82
2-502 Enforcement—Penalties 07/10/84 01/19/85
620 Hearing Procedures 08/06/82 11/10/82
Northern Sierra Air Quality Management District      
Nevada County      
17 Denial of Applications 02/21/72 05/31/72
18 Further Information 02/21/72 05/31/72
19 Application Deemed Denied 02/21/72 05/31/72
514 Appeals 06/06/77 09/14/78
717 Lack of Permit 04/10/75 06/14/78
Plumas County      
503 Applications 06/22/81 06/18/82
504 Action on Applications 06/22/81 06/18/82
506 Denial of Applications 06/22/81 06/18/82
518 Revocation of a Permit to Operate 06/22/81 06/18/82
519 Appeals 06/22/81 06/18/82
520 Reinstatement 06/22/81 06/18/82
521 Annual Renewal 06/22/81 06/18/82
717 Lack of Permit 01/10/75 06/14/78
Sierra County      
46 General Enforcement 07/25/73 05/11/77
503 Applications 06/22/81 06/18/82
504 Action on Applications 06/22/81 06/18/82
506 Denial of Applications 06/22/81 06/18/82
518 Revocation of a Permit to Operate 06/22/81 06/18/82
519 Appeals 06/22/81 06/18/82
520 Reinstatement 06/22/81 06/18/82
521 Annual Renewal 06/22/81 06/18/82
600 Applicable Articles of the Health and Safety Code 06/06/77 09/14/78
612 Preliminary Matters 06/06/77 09/14/78
613 Official Notice 06/06/77 06/14/78
614 Continuances 06/06/77 09/14/78
615 Decision 06/06/77 09/14/78
616 Effective Date of Decision 06/06/77 09/14/78
617 Lack of Permit 06/06/77 09/14/78
619 Order of Abatement 01/10/75 08/22/77
620 Severability 01/10/75 08/22/77
Northern Sonoma County Air Pollution Control District      
013 Applications 06/30/72 09/22/72
015 Action on Applications 06/30/72 09/22/72
019 Denial of Applications 06/30/72 09/22/72
020 Further Information 06/30/72 09/22/72
021 Applications Deemed Denied 06/30/72 09/22/72
022 Appeals 06/30/72 09/22/72
100 Penalties for Violations 06/30/72 09/22/72
Placer County Air Pollution Control District      
Lake Tahoe Air Basin      
2-17 Denial of Applications 02/21/72 05/31/72
2-18 Further Information 02/21/72 05/31/72
2-19 Applications Deemed Denied 02/21/72 05/31/72
2-20 Appeals 02/21/72 05/31/72
504 Applications 08/21/79 06/23/82
506 Action on Applications 08/21/79 06/23/82
511 Revocation of a Permit 08/21/79 06/23/82
512 Appeals 08/21/79 06/23/82
513 Reinstatement 08/21/79 06/23/82
717 Lack of Permit 01/10/75 06/14/78
Mountain Counties Air Basin      
2-17 Denial of Applications 02/21/72 05/31/72
2-18 Further Information 02/21/72 05/31/72
2-19 Applications Deemed Denied 02/21/72 05/31/72
2-20 Appeals 02/21/72 05/31/72
504 Applications 10/15/79 05/18/81
506 Action on Applications 10/15/79 05/18/81
512 Appeals 10/15/79 05/18/81
513 Reinstatement 10/15/79 05/18/81
705 Appeal from Denial 01/10/75 06/14/78
706 Failure to Comply with Rules 10/13/77 11/15/78
717 Lack of Permit 01/10/75 06/14/78
Sacramento Valley Air Basin      
701 General 01/10/75 06/14/78
702 Filing Petitions 10/13/77 11/15/78
703 Contents of Petitions 10/13/77 11/15/78
704 Petitions for Variances 10/13/77 11/15/78
705 Appeal from Denial 01/10/75 06/14/78
706 Failure to Comply with Rules 10/13/77 11/15/78
707 Answers 01/10/75 06/14/78
708 Dismissal of Petition 10/13/77 11/15/78
709 Place of Hearing 10/13/77 11/15/78
710 Notice of Hearing 10/13/77 11/15/78
711 Evidence 01/10/75 06/14/78
712 Preliminary Notice 01/10/75 06/14/78
713 Official Notice 01/10/75 06/14/78
714 Continuances 01/10/75 06/14/78
715 Decision 10/13/77 11/15/78
716 Effective Date of Decision 01/10/75 06/14/78
717 Lack of Permit 01/10/75 06/14/78
San Diego County Air Pollution Control District      
14 Applications 06/02/80 09/28/81
18 Action on Applications 06/30/72 09/22/72
22 Denial of Application 06/30/72 09/22/72
23 Further Information 06/30/72 09/22/72
24 Applications Deemed Denied 06/30/72 09/22/72
San Joaquin Valley Unified Air Pollution Control District      
2040 Applications 12/17/92 09/28/94
Fresno County      
206 Action on Applications 06/30/72 09/22/72
518 Lack of Permit 07/19/74 08/22/77
Kern County      
104 Enforcement 11/10/76 03/22/78
107 Inspection 06/30/72 09/22/72
109 Penalty 06/30/72 09/22/72
206 Action on Applications 06/30/72 09/22/72
303 Analysis Fee Schedules 06/30/72 09/22/72
304 Technical Reports—Charges for 06/30/72 09/22/72
518 Lack of Permit 07/19/74 08/22/77
Kings County      
206 Action on Applications 06/30/72 09/22/72
518 Lack of Permit 06/30/72 09/22/72
Madera County      
206 Action on Applications 06/30/72 09/22/72
518 Combining an Appeal with a Petition for Variance 02/07/89 04/16/91
Merced County      
206 Action on Applications 06/30/72 09/22/72
505 Petitions for Variances 08/02/76 06/14/78
518 Lack of Permit 08/02/76 06/14/78
San Joaquin County      
206 Action on Applications 06/30/72 09/22/72
519 Lack of Permit 10/23/74 08/22/77
Stanislaus County      
206 Action on Applications 06/30/72 09/22/72
518 Lack of Permit 10/23/74 08/22/77
Tulare County      
206 Action on Applications 06/30/72 09/22/72
San Luis Obispo County Air Pollution Control District      
202 Applications 11/10/76 02/01/84
206 Denial of Applications 11/10/76 02/01/84
207 Action on Applications—Time Limits 11/10/76 02/01/84
208 Appeals 11/10/76 02/01/84
Santa Barbara County Air Pollution Control District      
204 Applications 05/23/79 05/18/81
207 Denial of Applications 05/23/79 05/18/81
208 Action on Applications—Time Limits 05/23/79 05/18/81
209 Appeals 05/23/79 05/18/81
513 Evidence 05/23/79 05/18/81
517 Decision 05/23/79 05/18/81
519 Lack of Permit 05/23/79 05/18/81
Shasta County Air Quality Management District      
2.10 Applications 11/21/86 04/12/89
2:17 Status of Permit 06/30/72 09/22/72
2:18 Application Deemed Denied 07/19/83 02/01/84
2:19 Appeals 11/25/87 04/17/89
2.22 Change in Multi-Component System 06/30/72 09/22/72
2:26 Revocation of Permit 11/21/86 04/12/89
2:27 Submittal of Information 11/21/86 04/12/89
4:7 Petition for Abatement Order 11/21/86 04/12/89
Siskiyou County Air Pollution Control District      
2.4 Application 02/21/72 05/31/72
2.6 Action on Applications 02/21/72 05/31/72
2.8 Denial of Application 03/18/87 04/12/89
2.9 Appeals 03/18/87 04/12/89
2.10 Further Information 03/26/90 11/04/96
3.1 Hearing Board Fees 07/25/73 02/10/77
3.2 Permit Fees 07/25/73 02/10/77
3.3 Schedule of Fees 07/25/73 02/10/77
5.1 Applicable Articles of the Health and Safety Code 07/25/73 02/10/77
5.2 General 07/25/73 02/10/77
5.3 Filing Petitions 07/25/73 02/10/77
5.4 Contents of Petitions 07/25/73 02/10/77
5.5 Petitions for Variances 07/25/73 02/10/77
5.6 Failure to Comply with Rules 07/25/73 02/10/77
5.7 Answers 07/25/73 02/10/77
5.8 Withdrawal of Petition 07/25/73 02/10/77
5.9 Place of Hearing 07/25/73 02/10/77
5.10 Notice of Hearing 07/25/73 02/10/77
5.11 Rules of Evidence and Procedure 07/25/73 02/10/77
5.12 Records of Proceedings 07/25/73 02/10/77
5.13 Preliminary Matters 07/25/73 02/10/77
5.14 Official Notice 07/25/73 02/10/77
5.15 Continuances 07/25/73 02/10/77
5.16 Hearing and Decision 07/25/73 02/10/77
5.17 Effective Date of Decision 07/25/73 02/10/77
5.18 Issuance of Subpoenas 07/25/73 02/10/77
South Coast Air Quality Management District      
214 Denial of Permits 05/13/91 05/13/99
215 Permits Deemed Denied 05/31/91 05/13/99
216 Appeals 05/13/91 05/13/99
301 Permit Fees 07/19/83 10/19/84
301.1 Permit Fee Rates 07/19/83 10/19/84
301.2 Fee Schedules 07/19/83 10/19/84
1201 Discretion to Hold Hearing 01/02/79 05/09/80
1202 Notice 01/02/79 05/09/80
1203 Petitions 01/02/79 05/09/80
1204 Answers to Petitions 01/02/79 05/09/80
1205 Function of the Board 01/02/79 05/09/80
1206 Appearances 07/25/79 09/28/81
1207 Service and Filing 07/19/83 02/01/84
1208 Rejection of Documents 07/25/79 09/28/81
1209 Form and Size 01/02/79 05/09/80
1210 Copies 01/02/79 05/09/80
1211 Subpoenas 01/02/79 05/09/80
1212 Continuances 07/25/79 09/28/81
1213 Request for Continuances or Time Extensions 07/25/79 09/28/81
1214 Transcript and Record 01/02/79 05/09/80
1215 Conduct of Hearing 07/25/79 09/28/81
1216 Presiding Officer 07/25/79 09/28/81
1217 Disqualification of Hearing Officer or Board Officer 01/02/79 05/09/80
1218 Ex Parte Communications 07/25/79 09/28/81
1219 Evidence 07/25/79 09/28/81
1220 Prepared Testimony 01/02/79 05/09/80
1221 Official Notice 01/02/79 05/09/80
1222 Order of Proceedings 07/25/79 09/28/81
1223 Prehearing Conference 01/02/79 05/09/80
1224 Opening Statements 01/02/79 05/09/80
1225 Conduct of Cross-Examination 07/25/79 09/28/81
1226 Oral Argument 07/25/79 09/28/81
1227 Briefs 07/25/79 09/28/81
1228 Motions 07/25/79 09/28/81
1229 Decisions 07/25/79 09/28/81
1230 Proposed Decision and Exceptions 07/25/79 09/28/81
Tehama County Air Pollution Control District      
2:7 Denial of Applications 12/15/80 04/12/82
2:8 Appeals 12/15/80 04/12/82
2:12 Status of Permit 02/10/86 02/03/87
3:15 Penalties 11/25/87 04/17/89
5:10 Service of Notices 02/10/86 07/12/90
Tuolumne County Air Pollution Control District      
503 Applications 10/23/81 05/27/82
504 Action on Applications 10/23/81 05/27/82
506 Denial of Application 10/23/81 05/27/82
518 Revocation of a Permit to Operate 10/23/81 05/27/82
519 Appeals 10/23/81 05/27/82
520 Reinstatement 10/23/81 05/27/82
521 Annual Renewal 10/23/81 05/27/82
717 Lack of Permit 02/10/77 12/06/79
Ventura County Air Pollution Control District      
3 Advisory Committee 07/19/74 08/15/77
8 Access to Facilities 05/23/79 06/18/82
22 Appeals 06/30/72 09/22/72
27 Suspension of Permits 03/17/80 06/18/82
73 National Emission Standards for Hazardous Air Pollutants 11/10/76 08/15/77
73.1 National Emission Standards for Asbestos 11/10/76 08/15/77
73.2 National Emission Standards for Beryllium 11/10/76 08/15/77
73.3 National Emission Standards for Beryllium Rocket Motor Firing 11/10/76 08/15/77
73.4 National Emission Standards for Mercury 11/10/76 08/18/77
127 Lack of Permit 05/23/79 06/18/82
Yolo-Solano Air Pollution Control District      
3.1 General Permit Requirements:
403 Denial of Applications 10/19/94 07/07/97
406 Appeals 10/19/04 07/07/97
5.18 Lack of Permit 07/25/73 06/14/78

III. Proposed Action, Public Comment and Final Action Back to Top

EPA has reviewed the rules listed in the tables above and determined that they were previously approved into the applicable California SIP in error. Deletion of these rules will not relax the applicable SIP and is consistent with the Act. Therefore, EPA is proposing to delete these rules under Section 110(k)(6) of the Act, which provides EPA authority to remove these rules without additional State submission. We will accept comments from the public on this proposal for the next 30 days. Unless we receive new information during the comment period supporting the maintenance of these rules in the SIP, we intend to publish a final action that will delete these rules from the federally enforceable SIP.

IV. Administrative Requirements Back to Top

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed 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 proposed 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 proposed action imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this proposed 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 proposed rule 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 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), nor will it 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), because it does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This proposed rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant.

In this proposed rule, EPA is not developing or adopting a technical standard. 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 proposed 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.).

List of Subjects in 40 CFR Part 52 Back to Top

Authority: Back to Top

42 U.S.C. 7401 et seq.

Dated: December 10, 2003.

Wayne Nastri,

Regional Administrator, Region IX.

[FR Doc. 04-1234 Filed 1-21-04; 8:45 am]

BILLING CODE 6560-50-P

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