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Proposed Rule

Corrections to the California State Implementation Plan

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble

AGENCY:

Environmental Protection Agency (EPA).

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).

DATES:

Any comments must arrive by February 23, 2004.

ADDRESSES:

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.”

Start Further Info

FOR FURTHER INFORMATION CONTACT:

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

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

Public Inspection

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 Start Printed Page 3046Drive, 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

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?

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?

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

Statutory ProvisionTitleSubmittal dateApproval date
California Health & Safety Code, sections 24292, and 24296 to 24303 (1972)Variances02/21/7205/31/72
California Health & Safety Code, sections 24310 to 24323 (1972)Procedure02/21/7205/31/72
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California Health & Safety Code, sections 24362.6 to 24363 and 24365.1 to 24365.12 (1972)Rules and Regulations02/21/7205/31/72

Local Air Pollution Control Rules

RuleTitleSubmittal dateApproval date
Amador County Air Pollution Control District
504Action on Applications10/16/8504/17/87
506Denial of Application10/16/8504/17/87
509Authority to Inspect10/16/8504/17/87
519Appeals10/16/8504/17/87
520Reinstatement10/16/8504/17/87
717Lack of Permit04/21/7601/24/78
Antelope Valley Air Pollution Control District
211Action on Permits04/21/7611/09/78
214Denial of Permits04/21/7611/09/78
215Permits Deemed Denied04/21/7611/09/78
216Appeals04/21/7611/09/78
301Permit Fees07/19/8310/19/84
301.1Permit Fee Rates07/19/8310/19/84
301.2Fee Schedules07/19/8310/19/84
302Fees for Publication02/03/8311/18/83
303Hearing Board Fees02/03/8311/18/83
304Analysis Fees02/03/8310/19/84
1231Judicial Review01/02/7905/09/80
Bay Area Air Quality Management District
1-402.1/402.1Status of Violation Notices During Variance Proceedings02/16/9906/28/99
Butte County Air Pollution Control District
422Required Information03/26/9605/02/01
423Action on Applications02/10/8602/03/87
425Appeals02/10/8602/03/87
Calaveras County Air Pollution Control District
204Applications06/30/7209/22/72
206Action on Applications06/30/7209/22/72
210Denial of Applications06/30/7209/22/72
211Further Information06/30/7209/22/72
212Application Deemed Denied06/30/7209/22/72
213Appeals06/30/7209/22/72
717Lack of Permit07/22/7508/22/77
Colusa County Air Pollution Control District
1.6Air Resources Board Power to Supersede06/30/7209/22/72
2.9Denial of Applications06/30/7209/22/72
2.10Further Information06/30/7209/22/72
2.11Action on Applications06/30/7209/22/72
2.12Appeals06/30/7209/22/72
4.2Analyses Required06/30/7209/22/72
El Dorado County Air Pollution Control District
El Dorado County
77Rejection of Applications02/21/7205/31/72
78Further Information02/21/7205/31/72
79Actions on Applications02/21/7205/31/72
80Appeals02/21/7205/31/72
700Applicable Articles of the Health and Safety Code11/04/7711/06/78
701General04/10/7506/14/78
702Filing Petitions04/10/7506/14/78
703Contents of Petitions11/04/7711/06/78
704Petitions for Variances04/10/7506/14/78
705Appeal from Denial04/10/7506/14/78
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706Failure to Comply With Rules04/10/7506/14/78
707Answers04/10/7506/14/78
708Dismissal of Petition04/10/7506/14/78
709Place of Hearing04/10/7506/14/78
710Notice of Public Hearing11/04/7711/06/78
711Evidence04/10/7506/14/78
712Preliminary Matters04/10/7506/14/78
713Official Notice04/10/7506/14/78
714Continuances04/10/7506/14/78
715Decision04/10/7506/14/78
716Effective Date of Decision04/10/7506/14/78
717Lack of Permit04/10/7506/14/78
Lake Tahoe Air Basin
512Applications02/11/8005/18/81
514Action on Applications02/11/8005/18/81
519Further Information02/11/8005/18/81
520Application Deemed Denied02/11/8005/18/81
521Denial of Applications02/11/8005/18/81
522Revocation of a Permit02/11/8005/18/81
523Appeals02/11/8005/18/81
524Reinstatement02/11/8005/18/81
702Filing Petitions05/23/7905/18/81
703Contents of Petitions05/23/7905/18/81
704Petitions for Variances05/23/7905/18/81
707Answers05/23/7905/18/81
708Dismissal of Petition05/23/7905/18/81
709Place of Hearing05/23/7905/18/81
710Notice of Hearing05/23/7905/18/81
Mountain Counties Air Basin
520Reinstatement04/17/8005/27/82
700Applicable Articles of the Health and Safety Code04/11/8311/18/83
702Filing Petitions04/11/8311/18/83
703Contents of Petitions04/11/8311/18/83
710Notice of Public Hearing10/23/8105/27/82
Feather River Air Quality Management District
Sutter County
4.7Denial of Applications01/28/8101/28/81
4.9Action on Applications01/28/8101/28/81
4.10Appeals01/28/8101/28/81
5.18Lack of Permit01/28/8104/12/82
9.7Permit Actions01/28/8104/12/82
9.8Variance Actions01/28/8104/12/82
Yuba County
4.7Denial of Applications03/30/8104/12/82
4.8Further Information03/30/8104/12/82
4.9Action on Applications03/30/8104/12/82
4.10Appeals03/30/8104/12/82
4.11Variance Action03/30/8104/12/82
5.00General10/15/7901/26/82
5.01Hearing Board10/15/7901/26/82
5.02Procedures10/15/7901/26/82
5.03Hearings10/15/7901/26/82
5.04Contents of Petition for Hearing03/30/8101/26/82
5.05Request for Variances10/15/7904/12/82
5.06Appeal from Denial10/15/7901/26/82
5.07Failure to Comply with Rules10/15/7901/26/82
5.08Answers10/15/7901/26/82
5.09Dismissal of Request for a Hearing10/15/7901/26/82
5.10Place of Hearing10/15/7901/26/82
5.11Notice of Hearing10/15/7901/26/82
5.12Evidence10/15/7901/26/82
5.13Preliminary Matters10/15/7901/26/82
5.14Official Notice10/15/7901/26/82
5.15Continuances10/15/7901/26/82
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5.16Decision10/15/7901/26/82
5.17Effective Date of Decision10/15/7901/26/82
5.18Lack of Permit10/15/7901/26/82
5.19Record of Hearing10/15/7901/26/82
6.0Variances03/30/8101/26/82
6.1Interim Variances10/15/7901/26/82
6.2Limitation of Granting Variance10/15/7901/26/82
6.3Hearing Board May Impose Other Requirements10/15/7901/26/82
6.4Cash Bond10/15/7901/26/82
6.5Modifying or Revoking Variances10/15/7901/26/82
6.6Variance Time Period10/15/7901/26/82
6.7Variance Action10/15/7901/26/82
Glenn County Air Pollution Control District
53Denial of Permit06/30/7209/22/72
54Action on Application06/30/7209/22/72
55Appeals06/30/7209/22/72
96Variances11/03/8001/26/82
97Exceptions06/30/7209/22/72
Great Basin Unified Air Pollution Control District
107Constitutionality04/21/7606/06/77
203Applications12/17/7906/18/82
211Denial of Applications04/21/7612/08/76
214Appeals04/21/7612/08/76
616Effective Date of Decision04/21/7606/06/77
Imperial County Air Pollution Control District
110Appeals02/21/7205/31/72
204Applications06/09/8702/03/89
210Denial of Applications06/09/8702/03/89
Kern County Air Pollution Control District—Southeast Desert
110Arrests and Notices to Appear12/15/8007/06/82
204Applications06/30/7209/22/72
206Action on Applications06/30/7209/22/72
210Denial of Applications06/30/7209/22/72
211Further Information06/30/7209/22/72
212Applications Deemed Denied06/30/7209/22/72
213Appeals06/30/7209/22/72
518Lack of Permit07/19/7408/22/77
Lake County Air Quality Management District
631Duplicate Permit08/06/8211/10/82
660Renewal Fees05/23/7901/27/81
660.1Permit Fee Penalty08/06/8211/10/82
660.2Cancellation or Denial08/06/8211/10/82
660.3Miscellaneous Charges08/06/8211/10/82
Lassen County Air Pollution Control District
2.02Time to Obtain Permit to Operate06/30/7209/22/72
2.04Applications06/30/7209/22/72
2.06Action on Applications06/30/7209/22/72
2.10Denial of Applications06/30/7209/22/72
2.11Further Information06/30/7209/22/72
2.12Applications Deemed Denied06/30/7209/22/72
2.13Appeals06/30/7209/22/72
Mariposa County Air Pollution Control District
16Revocation of Permit06/30/7209/22/72
514Appeals06/06/7708/16/78
617Lack of Permit01/10/7508/22/77
Mendocino County Air Quality Management District
230Action on Applications—Two Introductory Paragraphs08/06/8207/31/85
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230-CDenial of Application08/06/8207/31/85
250Appeals04/17/8006/18/82
630Decisions11/10/7611/07/78
Modoc County Air Pollution Control District
2.02Time to Obtain Permit to Operate06/30/7209/22/72
2.04Applications06/30/7209/22/72
2.06Action on Applications06/30/7209/22/72
2.10Denial of Applications06/30/7209/22/72
2.12Applications Deemed Denied06/30/7209/22/72
2.13Appeals06/30/7209/22/72
Mojave Desert Air Quality Management District
Riverside County
210Applications06/06/7711/09/78
211Action on Permits06/06/7711/09/78
214Denial of Permits06/06/7711/09/78
215Permits Deemed Denied06/06/7711/09/78
216Appeals06/06/7711/09/78
302Fees for Publication02/03/8311/18/83
303Hearing Board Fees02/03/8311/18/83
304Analysis Fees02/03/8311/18/83
517Lack of Permit06/06/7709/08/78
1201Discretion to Hold Hearing01/02/7905/09/80
1202Notice01/02/7905/09/80
1203Petitions01/02/7905/09/80
1204Answers to Petitions01/02/7905/09/80
1205Function of the Board01/02/7905/09/80
1206Appearances07/25/7909/28/81
1207Service and Filing07/19/8302/01/84
1208Rejection of Documents07/25/7909/28/81
1209Form and Size01/02/7905/09/80
1210Copies01/02/7905/09/80
1211Subpoenas01/02/7905/09/80
1212Continuances07/25/7909/28/81
1213Request for Continuances or Time Extensions07/25/7909/28/81
1214Transcript and Record01/02/7905/09/80
1215Conduct of Hearing07/25/7909/28/81
1216Presiding Officer07/25/7909/28/81
1217Disqualification of Hearing Officer or Board Officer01/02/7905/09/80
1218Ex Parte Communications07/25/7909/28/81
1219Evidence07/25/7909/28/81
1220Prepared Testimony01/02/7905/09/80
1221Official Notice01/02/7905/09/80
1222Order of Proceedings07/25/7909/28/81
1223Prehearing Conference01/02/7905/09/80
1224Opening Statements01/02/7905/09/80
1225Conduct of Cross-Examination07/25/7909/28/81
1226Oral argument07/25/7909/28/81
1227Briefs07/25/7909/28/81
1228Motions07/25/7909/28/81
1229Decisions07/25/7909/28/81
1230Proposed Decisions and Exceptions07/25/7909/28/81
San Bernardino County
210Applications06/06/7711/09/78
211Action on Permits06/06/7711/09/78
214Denial of Permits06/06/7711/09/78
215Permits Deemed Denied06/06/7711/09/78
216Appeals06/06/7711/09/78
517Lack of Permit06/06/7709/08/78
Monterey Bay Unified Air Pollution Control District
203Application02/06/8507/13/87
210Denial of Applications02/06/8507/13/87
211Appeals02/06/8507/13/87
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North Coast Unified Air Quality Management District
250Appeals03/23/8106/18/82
2-502Enforcement—Penalties07/10/8401/19/85
620Hearing Procedures08/06/8211/10/82
Northern Sierra Air Quality Management District
Nevada County
17Denial of Applications02/21/7205/31/72
18Further Information02/21/7205/31/72
19Application Deemed Denied02/21/7205/31/72
514Appeals06/06/7709/14/78
717Lack of Permit04/10/7506/14/78
Plumas County
503Applications06/22/8106/18/82
504Action on Applications06/22/8106/18/82
506Denial of Applications06/22/8106/18/82
518Revocation of a Permit to Operate06/22/8106/18/82
519Appeals06/22/8106/18/82
520Reinstatement06/22/8106/18/82
521Annual Renewal06/22/8106/18/82
717Lack of Permit01/10/7506/14/78
Sierra County
46General Enforcement07/25/7305/11/77
503Applications06/22/8106/18/82
504Action on Applications06/22/8106/18/82
506Denial of Applications06/22/8106/18/82
518Revocation of a Permit to Operate06/22/8106/18/82
519Appeals06/22/8106/18/82
520Reinstatement06/22/8106/18/82
521Annual Renewal06/22/8106/18/82
600Applicable Articles of the Health and Safety Code06/06/7709/14/78
612Preliminary Matters06/06/7709/14/78
613Official Notice06/06/7706/14/78
614Continuances06/06/7709/14/78
615Decision06/06/7709/14/78
616Effective Date of Decision06/06/7709/14/78
617Lack of Permit06/06/7709/14/78
619Order of Abatement01/10/7508/22/77
620Severability01/10/7508/22/77
Northern Sonoma County Air Pollution Control District
013Applications06/30/7209/22/72
015Action on Applications06/30/7209/22/72
019Denial of Applications06/30/7209/22/72
020Further Information06/30/7209/22/72
021Applications Deemed Denied06/30/7209/22/72
022Appeals06/30/7209/22/72
100Penalties for Violations06/30/7209/22/72
Placer County Air Pollution Control District
Lake Tahoe Air Basin
2-17Denial of Applications02/21/7205/31/72
2-18Further Information02/21/7205/31/72
2-19Applications Deemed Denied02/21/7205/31/72
2-20Appeals02/21/7205/31/72
504Applications08/21/7906/23/82
506Action on Applications08/21/7906/23/82
511Revocation of a Permit08/21/7906/23/82
512Appeals08/21/7906/23/82
513Reinstatement08/21/7906/23/82
717Lack of Permit01/10/7506/14/78
Mountain Counties Air Basin
2-17Denial of Applications02/21/7205/31/72
Start Printed Page 3052
2-18Further Information02/21/7205/31/72
2-19Applications Deemed Denied02/21/7205/31/72
2-20Appeals02/21/7205/31/72
504Applications10/15/7905/18/81
506Action on Applications10/15/7905/18/81
512Appeals10/15/7905/18/81
513Reinstatement10/15/7905/18/81
705Appeal from Denial01/10/7506/14/78
706Failure to Comply with Rules10/13/7711/15/78
717Lack of Permit01/10/7506/14/78
Sacramento Valley Air Basin
701General01/10/7506/14/78
702Filing Petitions10/13/7711/15/78
703Contents of Petitions10/13/7711/15/78
704Petitions for Variances10/13/7711/15/78
705Appeal from Denial01/10/7506/14/78
706Failure to Comply with Rules10/13/7711/15/78
707Answers01/10/7506/14/78
708Dismissal of Petition10/13/7711/15/78
709Place of Hearing10/13/7711/15/78
710Notice of Hearing10/13/7711/15/78
711Evidence01/10/7506/14/78
712Preliminary Notice01/10/7506/14/78
713Official Notice01/10/7506/14/78
714Continuances01/10/7506/14/78
715Decision10/13/7711/15/78
716Effective Date of Decision01/10/7506/14/78
717Lack of Permit01/10/7506/14/78
San Diego County Air Pollution Control District
14Applications06/02/8009/28/81
18Action on Applications06/30/7209/22/72
22Denial of Application06/30/7209/22/72
23Further Information06/30/7209/22/72
24Applications Deemed Denied06/30/7209/22/72
San Joaquin Valley Unified Air Pollution Control District
2040Applications12/17/9209/28/94
Fresno County
206Action on Applications06/30/7209/22/72
518Lack of Permit07/19/7408/22/77
Kern County
104Enforcement11/10/7603/22/78
107Inspection06/30/7209/22/72
109Penalty06/30/7209/22/72
206Action on Applications06/30/7209/22/72
303Analysis Fee Schedules06/30/7209/22/72
304Technical Reports—Charges for06/30/7209/22/72
518Lack of Permit07/19/7408/22/77
Kings County
206Action on Applications06/30/7209/22/72
518Lack of Permit06/30/7209/22/72
Madera County
206Action on Applications06/30/7209/22/72
518Combining an Appeal with a Petition for Variance02/07/8904/16/91
Merced County
206Action on Applications06/30/7209/22/72
505Petitions for Variances08/02/7606/14/78
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518Lack of Permit08/02/7606/14/78
San Joaquin County
206Action on Applications06/30/7209/22/72
519Lack of Permit10/23/7408/22/77
Stanislaus County
206Action on Applications06/30/7209/22/72
518Lack of Permit10/23/7408/22/77
Tulare County
206Action on Applications06/30/7209/22/72
San Luis Obispo County Air Pollution Control District
202Applications11/10/7602/01/84
206Denial of Applications11/10/7602/01/84
207Action on Applications—Time Limits11/10/7602/01/84
208Appeals11/10/7602/01/84
Santa Barbara County Air Pollution Control District
204Applications05/23/7905/18/81
207Denial of Applications05/23/7905/18/81
208Action on Applications—Time Limits05/23/7905/18/81
209Appeals05/23/7905/18/81
513Evidence05/23/7905/18/81
517Decision05/23/7905/18/81
519Lack of Permit05/23/7905/18/81
Shasta County Air Quality Management District
2.10Applications11/21/8604/12/89
2:17Status of Permit06/30/7209/22/72
2:18Application Deemed Denied07/19/8302/01/84
2:19Appeals11/25/8704/17/89
2.22Change in Multi-Component System06/30/7209/22/72
2:26Revocation of Permit11/21/8604/12/89
2:27Submittal of Information11/21/8604/12/89
4:7Petition for Abatement Order11/21/8604/12/89
Siskiyou County Air Pollution Control District
2.4Application02/21/7205/31/72
2.6Action on Applications02/21/7205/31/72
2.8Denial of Application03/18/8704/12/89
2.9Appeals03/18/8704/12/89
2.10Further Information03/26/9011/04/96
3.1Hearing Board Fees07/25/7302/10/77
3.2Permit Fees07/25/7302/10/77
3.3Schedule of Fees07/25/7302/10/77
5.1Applicable Articles of the Health and Safety Code07/25/7302/10/77
5.2General07/25/7302/10/77
5.3Filing Petitions07/25/7302/10/77
5.4Contents of Petitions07/25/7302/10/77
5.5Petitions for Variances07/25/7302/10/77
5.6Failure to Comply with Rules07/25/7302/10/77
5.7Answers07/25/7302/10/77
5.8Withdrawal of Petition07/25/7302/10/77
5.9Place of Hearing07/25/7302/10/77
5.10Notice of Hearing07/25/7302/10/77
5.11Rules of Evidence and Procedure07/25/7302/10/77
5.12Records of Proceedings07/25/7302/10/77
5.13Preliminary Matters07/25/7302/10/77
5.14Official Notice07/25/7302/10/77
5.15Continuances07/25/7302/10/77
5.16Hearing and Decision07/25/7302/10/77
5.17Effective Date of Decision07/25/7302/10/77
5.18Issuance of Subpoenas07/25/7302/10/77
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South Coast Air Quality Management District
214Denial of Permits05/13/9105/13/99
215Permits Deemed Denied05/31/9105/13/99
216Appeals05/13/9105/13/99
301Permit Fees07/19/8310/19/84
301.1Permit Fee Rates07/19/8310/19/84
301.2Fee Schedules07/19/8310/19/84
1201Discretion to Hold Hearing01/02/7905/09/80
1202Notice01/02/7905/09/80
1203Petitions01/02/7905/09/80
1204Answers to Petitions01/02/7905/09/80
1205Function of the Board01/02/7905/09/80
1206Appearances07/25/7909/28/81
1207Service and Filing07/19/8302/01/84
1208Rejection of Documents07/25/7909/28/81
1209Form and Size01/02/7905/09/80
1210Copies01/02/7905/09/80
1211Subpoenas01/02/7905/09/80
1212Continuances07/25/7909/28/81
1213Request for Continuances or Time Extensions07/25/7909/28/81
1214Transcript and Record01/02/7905/09/80
1215Conduct of Hearing07/25/7909/28/81
1216Presiding Officer07/25/7909/28/81
1217Disqualification of Hearing Officer or Board Officer01/02/7905/09/80
1218Ex Parte Communications07/25/7909/28/81
1219Evidence07/25/7909/28/81
1220Prepared Testimony01/02/7905/09/80
1221Official Notice01/02/7905/09/80
1222Order of Proceedings07/25/7909/28/81
1223Prehearing Conference01/02/7905/09/80
1224Opening Statements01/02/7905/09/80
1225Conduct of Cross-Examination07/25/7909/28/81
1226Oral Argument07/25/7909/28/81
1227Briefs07/25/7909/28/81
1228Motions07/25/7909/28/81
1229Decisions07/25/7909/28/81
1230Proposed Decision and Exceptions07/25/7909/28/81
Tehama County Air Pollution Control District
2:7Denial of Applications12/15/8004/12/82
2:8Appeals12/15/8004/12/82
2:12Status of Permit02/10/8602/03/87
3:15Penalties11/25/8704/17/89
5:10Service of Notices02/10/8607/12/90
Tuolumne County Air Pollution Control District
503Applications10/23/8105/27/82
504Action on Applications10/23/8105/27/82
506Denial of Application10/23/8105/27/82
518Revocation of a Permit to Operate10/23/8105/27/82
519Appeals10/23/8105/27/82
520Reinstatement10/23/8105/27/82
521Annual Renewal10/23/8105/27/82
717Lack of Permit02/10/7712/06/79
Ventura County Air Pollution Control District
3Advisory Committee07/19/7408/15/77
8Access to Facilities05/23/7906/18/82
22Appeals06/30/7209/22/72
27Suspension of Permits03/17/8006/18/82
73National Emission Standards for Hazardous Air Pollutants11/10/7608/15/77
73.1National Emission Standards for Asbestos11/10/7608/15/77
73.2National Emission Standards for Beryllium11/10/7608/15/77
73.3National Emission Standards for Beryllium Rocket Motor Firing11/10/7608/15/77
73.4National Emission Standards for Mercury11/10/7608/18/77
127Lack of Permit05/23/7906/18/82
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Yolo-Solano Air Pollution Control District
3.1General Permit Requirements:
403Denial of Applications10/19/9407/07/97
406Appeals10/19/0407/07/97
5.18Lack of Permit07/25/7306/14/78

III. Proposed Action, Public Comment and Final Action

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

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.).

Start List of Subjects

List of Subjects in 40 CFR Part 52

End List of Subjects Start Authority

Authority: 42 U.S.C. 7401 et seq.

End Authority Start Signature

Dated: December 10, 2003.

Wayne Nastri,

Regional Administrator, Region IX.

End Signature End Supplemental Information

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

BILLING CODE 6560-50-P