Proposed Rules. Proposed rule

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BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [CA 036-REC; FRL-7056-5] Corrections to the California State Implementation Plan AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to delete various local rules from the California State Implementation Plan

(SIP)that were incorporated into the SIP in error. These primarily include rules concerning local fees, enforcement authorities, New Source Performance Standards

(NSPS)and National Emission Standards for Hazardous Air Pollutants (NESHAP). EPA has determined that the continued presence of these rules in the SIP is potentially confusing and thus harmful to affected sources, local agencies and to EPA. The intended effect of this proposal is to delete these rules and make the SIP consistent with the Clean Air Act as amended in 1990 (CAA or the Act). DATES: Any comments must arrive by October 15, 2001. ADDRESSES: Mail comments to Andy Steckel, Rulemaking Office Chief (AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105. You may inspect copies of the rules to be deleted at our Region IX office during normal business hours. You may also see copies at the locations listed in SUPPLEMENTARY INFORMATION under “Public Inspection.” FOR FURTHER INFORMATION CONTACT: Julie A. Rose, Rulemaking Office (AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105;

(415)744-1184. Email: rose.julie@EPA.gov 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 883 Lakeport Blvd. 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 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 focussed 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. Various 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. B. Various provisions describing local agency investigative or enforcement authority such as some rules titled enforcement, authority to inspect, authority to arrest, violation notices, and 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 sections 113, 114 and elsewhere. C. Local adoption of federal NSPS requirements either by reference or by adopting text identical or modified from the requirements found in 40 CFR part 60. Since EPA has independent authority to implement 40 CFR part 60, it is not appropriate to make parallel local authorities federally enforceable by approving them into the applicable SIP. D. Local adoption of NESHAP requirements found in 40 CFR part 61 as similarly discussed regarding NSPS. 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 section section 110(k)(6) as inconsistent with the requirements of CAA section 110 and part D. Rule Title Submittal date Approval date Amador County Air Pollution Control District 103 Enforcement 10/15/79 05/18/81 105 Civil Action 04/21/76 06/14/78 318 Enforcement Responsibility 10/16/85 04/17/87 319 Penalty 10/16/85 04/17/87 402 Authority to Inspect 10/15/79 05/18/81 509 Authority to Inspect 10/16/85 04/17/87 Reg. 6 Fees (Rules 601 to 604) 10/15/79 05/18/81 Antelope Valley Air Pollution Control District 302 Fees for Publications 02/03/83 11/18/83 304 Analysis Fees 02/03/83 10/19/84 Los Angeles County 42 Hearing Board Fees 06/06/77 09/08/78 43 Analysis Fees 06/30/72 09/22/72 44 Technical Reports, Charges for 06/30/72 09/22/72 45 Permit Fees—Open Burning 07/25/73 09/08/78 105 Authority to Arrest 06/06/77 09/08/78 120 Fees 06/30/72 09/22/72 Southern California APCD 105 Authority to Arrest 04/21/76 06/14/78 Bay Area Air Quality Management District Reg. 3 Fees 08/30/83 05/03/84 Fees—Schedules A through Schedule I 08/30/83 05/03/84 Reg. 7 New Source Performance Standards (01-13) 01/10/75 05/11/77 Butte County Air Quality Management District 04-03 Permit Fees 04/11/83 11/18/83 04-11 Appeal Fee 04/11/83 11/18/83 05-03 Application Fee 04/11/83 11/18/83 701 Violation of Rules 02/10/86 02/03/87 702 Violation of Orchard Heater or Open Burning Regulations 02/10/86 02/03/87 703 Citations 02/10/86 02/03/87 902 Empower to Enter Upon Private Property 02/10/86 02/03/87 Calaveras County Air Pollution Control District 109 Penalty 06/30/72 09/22/72 216 Enforcement 10/13/77 11/07/78 324 Penalty 10/13/77 11/07/78 402 Authority to Inspect 10/13/77 11/07/78 602 Permit Fee Schedules (1 to 6) 10/13/77 11/07/78 603 Analysis Fees 10/13/77 11/07/78 604 Technical Reports 10/13/77 11/07/78 Colusa County Air Pollution Control District 1.4 Enforcement 06/30/72 09/22/72 2.13 Appeal Fee 06/30/72 09/22/72 6.11 Enforcement 06/30/72 09/22/72 6.12 Penalty 06/30/72 09/22/72 El Dorado County Air Pollution Control District El Dorado County 216 Enforcement 11/04/77 11/06/78 323 Enforcement Responsibility 04/10/75 06/14/78 324 Penalty 11/04/77 11/06/78 402 Authority to Inspect 11/04/77 11/06/78 601 Analysis Fees 04/10/75 06/14/78 602 Technical Reports—Charges for 04/10/75 06/14/78 Lake Tahoe Air Basin Reg. 6 Fees (Rules 601 to 613) 08/15/80 05/27/82 Reg. 8 Enforcement (Rules 801 to 804) 05/23/79 05/18/81 Mountain Counties Air Basin 226 Enforcement 10/27/83 05/03/84 318 Enforcement Responsibility 10/23/81 05/27/82 319 Penalty 10/23/81 05/27/82 509 Authority to Inspect 04/17/80 05/27/82 Reg. 6 Fees (Rules 601 to 608) 08/15/80 05/27/82 Reg. 6 Fees (Rules 609 to 612) 04/11/83 11/18/83 Feather River Air Quality Management District—Sutter County 1.4 Enforcement 02/25/80 01/26/82 2.20 Payment of Order Charging Costs 06/30/72 09/22/72 Reg. 8 Penalties and Abatement (Rules 8.0 to 8.2) 01/28/81 04/12/82 Reg. 9 Enforcement Procedure (Rules 9.0 to 9.4) 01/28/81 04/12/82 Yuba County Reg. 7 Fees (Rules 7.0 to 7.1) 10/15/79 01/26/82 8.0 Penalties 03/30/81 04/12/82 8.1 Arrest, Notice to Appear 10/15/79 01/26/82 8.2 Orders for Abatement 03/30/81 04/12/82 Reg. 9 Enforcement Procedures (Rules 9.0 to 9.4) 03/30/81 04/12/82 Glenn County Air Pollution Control District 3 Enforcement 11/03/80 01/26/82 3.1 Right of Entry 01/10/75 08/22/77 151 Hearing Transcript Cost 06/30/72 09/22/72 152 Analysis Fees 11/04/77 09/14/78 153 Technical Reports and Regulations: Charges for 06/30/72 09/22/72 154 Authorization to Construct Fees 11/04/77 09/14/78 155 Permit to Operate Fee Schedules (1 to 7) 01/10/75 05/11/77 Great Basin Unified Air Pollution Control District 105 Arrests and Notices to Appear 04/21/76 06/06/77 300 Permit Fees 05/28/81 04/13/82 301 Permit Fee Schedules (1 to 7) 10/23/81 04/13/82 302 Analysis Fees 04/21/76 06/06/77 303 Technical Reports—Charges For 04/21/76 06/06/77 Imperial County Air Pollution Control District 104 Violations 11/04/77 08/11/78 105 Enforcement 06/09/87 02/03/89 106 Abatement 11/04/77 08/11/78 108 Inspections 06/09/87 02/03/89 Reg. 3 Fees (Rules 301, 302, 305, 306, and 307) 10/23/81 05/27/82 Reg. 3 Fees (Rule 303) 11/04/77 08/11/78 Reg. 3 Fees (Rule 304) 10/15/79 01/27/81 706 Penalty Clause 10/15/79 01/27/81 Kern County Air Pollution Control District—Southeast Desert 104 Enforcement 11/10/76 03/22/78 107 Inspections 06/30/72 09/22/72 109 Penalty 06/30/72 9/22/72 110 Arrests and Notices to Appear 12/15/80 07/06/82 Reg. 3 Fees (Rules 301 and 305) 07/30/81 07/06/82 Reg. 3 Fees (Rules 301.1 and 302, Schedule 9) 07/19/83 02/01/84 Reg. 3 Fees Rule 302 (Schedules 1 to 8) 07/30/81 07/06/82 Reg. 3 Fees (Rules 303 and 304) 06/30/72 09/22/72 422 New Source Performance Standards 07/22/75 08/22/77 423 Emission Standards for Hazardous Air Pollutants 07/22/75 08/22/77 Lake County Air Quality Management District 531 Credentials for Entry 02/10/77 08/04/78 660 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 Ch. 7 Penalties (Rules 900 and 902) 04/11/83 11/18/83 Ch. 7 Penalties (Rule 901) 02/10/77 08/04/78 1500 Enforcement 02/10/77 08/04/78 Lassen County Air Pollution Control District 1.4 Enforcement 07/25/73 02/10/77 Reg. 3 Fees (Rules 3.2, 3.3 (Schedules 1 to 6), 3.4, and 3.5) 07/25/73 02/10/77 Mariposa County Air Pollution Control District 17 Penalty 06/30/72 09/22/72 216 Enforcement 06/06/77 08/16/78 402 Authority to Inspect 06/06/77 08/16/78 Mendocino County Air Quality Management District 340 Technical Report Charges 11/10/76 11/07/78 500 Enforcement 04/19/84 12/05/84 520 Civil Penalties 04/19/84 12/05/84 2-502.1 Penalties 04/19/84 12/05/84 2-502.2 Penalties 12/03/84 05/09/85 Part X Paragraph 3, Permit Fees 02/21/72 05/31/72 Modoc County Air Pollution Control District 1.4 Enforcement 06/30/72 09/22/72 Mojave Desert Air Quality Management District Riverside County 105 Authority to Arrest 11/04/77 12/21/78 Reg. 3 Fees, Rules 301 and 42 06/06/77 09/08/78 Reg. 3 Fees, Rules 43 and 44 06/30/72 09/22/72 San Bernardino County 105 Authority to Arrest 03/26/90 11/27/90 Reg. 3 Fees, Rules 40, 42, 43, and 44 02/21/72 05/31/72 Southern California APCD 105 Authority to Arrest 04/21/76 06/14/78 Monterey Bay Unified Air Pollution Control District 104 Arrests and Notices to Appear 02/06/85 07/13/87 Reg. 3 Fees (Rules 302 and 303) 10/23/74 10/27/77 Reg. 3 Fees (Rule 301, Schedules I to V) 02/03/83 08/09/85 North Coast Unified Air Quality Management District 500 Enforcement 03/14/84 12/05/84 520 Civil Penalties 03/14/84 12/05/84 2-502 Penalties 07/10/84 01/29/85 Northern Sierra Air Quality Management District 223 Enforcement 10/28/96 09/16/97 Nevada County 105 Arrest Without Warrant; Citation Procedure 04/10/75 06/14/78 402 Authority to Inspect 06/06/77 09/14/78 Reg. 6 Fees (Rules 601 and 602) 04/10/75 06/14/78 41 Analysis Fees 02/21/72 05/31/72 Plumas County 3 Penalties for Violations 06/30/72 09/22/72 4 Civil Penalties 06/30/72 09/22/72 40 Permit Fees 06/30/72 09/22/72 509 Authority to Inspect 06/22/81 06/18/82 Sierra County 509 Authority to Inspect 06/22/81 06/18/82 46 General Enforcement 02/21/72 05/31/72 50 Field Inspection 02/21/81 05/31/72 618 Hearing Board Fees 05/23/79 01/25/82 Northern Sonoma County Air Pollution Control District 42 Analysis Fees 06/30/72 09/22/72 100 Penalties for Violations 06/30/72 09/22/72 500 Enforcement 10/16/85 04/17/87 520 Civil Penalties 10/16/85 04/17/87 Placer County Air Pollution Control District 105 Civil Action 01/10/75 06/14/78 402 Authority to Inspect 10/13/77 11/15/78 40 Hearing Board Fees 02/21/72 05/31/72 42 Technical Reports, Charges for 02/21/72 05/31/72 Lake Tahoe Air Basin Reg. 8 Enforcement (Rules 801 to 804) 10/13/77 11/15/78 Mountain Counties Air Basin 801 Enforcement 10/13/77 11/15/78 802 Authority to Arrest 10/13/77 11/15/78 803 Penalties, paragraph A 2/10/86 2/3/87 803 Penalties, paragraphs B & C 10/13/77 11/15/78 804 Order for Abatement 10/13/77 11/15/78 Sacramento Valley Air Basin 603 Analysis Fees 10/13/77 11/15/78 604 Renewal Fee 10/13/77 11/15/78 605 Exemptions to Rule 604 10/13/77 11/15/78 Fee Schedules (1 to 5) 10/13/77 11/15/78 Reg. 8 Enforcement (Rules 801 to 804) 10/13/77 11/15/78 San Diego County Air Pollution Control District 5 Authority to Arrest 4/21/76 5/11/77 San Joaquin Valley Unified Air Pollution Control District Fresno County 104 Enforcement 6/30/72 9/22/72 105 Order of Abatement 6/30/72 9/22/72 107 Inspections 6/30/72 9/22/72 109 Penalty 6/30/72 9/22/72 111 Arrests and Notice to Appear 6/4/86 4/10/89 301 Permit Fee 4/11/83 11/18/83 302 Permit Fee Schedules 10/15/79 12/9/81 303 Analysis Fee Schedules 6/30/72 9/22/72 304 Technical Reports-Charges for 6/30/72 9/22/72 422 New Source Performance Standards 2/10/76 8/22/77 423 Emission Standards for Hazardous Air Pollutants 2/10/76 8/22/77 Kern County 104 Enforcement 11/10/76 3/22/78 107 Inspections 6/30/72 9/22/72 109 Penalty 6/30/72 9/22/72 110 Arrests and Notice to Appear 12/15/80 7/6/82 301 Permit Fee 7/30/81 7/6/82 301.1 Banking Certificate Fees 7/19/83 2/1/84 302 Permit Fee Schedules 7/19/83 2/1/84 303 Analysis Fee Schedules 6/30/72 9/22/72 304 Technical Reports-Charges for 6/30/72 9/22/72 422 New Source Performance Standards 7/22/75 8/22/77 423 Emission Standards for Hazardous Air Pollutants 7/22/75 8/22/77 Kings County 104 Enforcement 11/4/77 8/4/78 107 Inspections 7/25/73 8/22/77 109 Penalty 6/30/72 9/22/72 110 Arrests and Notice to Appear 11/4/77 8/4/78 301 Permit Fee 10/15/79 12/9/81 Madera County 105 Enforcement 4/11/83 11/18/83 108 Inspections 4/11/83 11/18/83 111 Penalty 4/11/83 11/18/83 112 Arrests and Notice to Appear 2/7/89 4/16/91 301 Permit Fees 4/11/83 11/18/83 302 Permit Fee Schedules 4/11/83 11/18/83 303 Emission Analysis Fees 4/11/83 11/18/83 304 Report Fees 4/11/83 11/18/83 Merced County 104 Enforcement 7/19/83 2/1/84 107 Inspections 6/30/72 9/22/72 112 Penalty 10/19/84 1/29/85 113 Arrests and Notices to Appear 7/19/83 2/1/84 301 Permit Fees (Paragraphs c to g, i, and j) 6/30/72 9/22/72 301 Permit Fees (Paragraphs: a, b, and h) 6/30/72 9/22/72 302 Permit Fee Schedules 8/2/76 6/14/78 303 Analysis Fees 6/30/72 9/22/72 304 Technical Reports—Charges for 6/30/72 9/22/72 San Joaquin County 104 Enforcement 11/10/76 10/4/77 105 Order of Abatement 11/10/76 10/4/77 107 Inspections 6/30/72 9/22/72 109 Penalty 6/30/72 9/22/72 112 Arrests and Notice to Appear 11/10/76 10/4/77 422 New Source Performance Standards 02/10/76 08/22/77 423 Emission Standards for Hazardous Air Pollutants 02/10/76 08/22/77 Stanislaus County 104 Enforcement 08/02/76 08/22/77 105 Order of Abatement 08/02/76 08/22/77 107 Inspections 06/30/72 09/22/72 109 Penalty 08/30/83 05/03/84 112 Arrests and Notice to Appear 08/02/76 08/22/77 422 New Source Performance Standards 08/02/76 08/22/77 Emission Standards for Hazardous Air Pollutants 08/02/76 08/22/77 Tulare County 104 Enforcement 05/20/82 11/10/82 107 Inspections 06/30/72 09/22/72 109 Penalty 06/30/72 09/22/72 110 Arrests and Notice to Appear 06/09/87 02/03/89 San Luis Obispo County Air Pollution Control District 110 Enforcement 11/10/76 08/04/78 111 Arrests and Notice to Appear 11/10/76 08/04/78 Santa Barbara County Air Pollution Control District 210 Fees (Paragraphs A to D-5 and G to L) 12/15/80 06/18/82 210 Fees (Paragraphs D-6 to D-8 and E to F) 11/08/82 06/01/83 402 Enforcement 05/23/79 05/18/81 Shasta County Air Quality Management District 2-11 Fees 05/20/82 11/10/82 3-7 Enforcement 07/19/74 08/22/77 Siskiyou County Air Pollution Control District 1.4 Enforcement 03/26/90 11/04/96 3.1 Hearing Board Fees 02/21/72 05/31/72 3.2 Permit Fees 02/21/72 05/31/72 3.3 Schedule of Fees 02/21/72 05/31/72 South Coast Air Quality Management District 302 Fees for Publication 02/03/83 11/18/83 304 Analysis Fees 02/03/83 10/19/84 Los Angeles County 45 Permit Fees—Open Burning 07/25/73 09/08/78 120 Fees 06/30/72 09/22/72 Orange County 120 Fees 02/21/72 05/31/72 Southern California APCD 105 Authority to Arrest 04/21/76 06/14/78 Tehama County Air Pollution Control District 1.3 Enforcement 12/15/80 04/12/82 2.9 Variance and Permit Fees 12/15/80 04/12/82 Tuolumne County Air Pollution Control District 216 Enforcement 02/10/77 12/06/79 323 Enforcement Responsibility 02/10/77 12/06/79 324 Penalty 02/10/77 12/06/79 509 Authority to Inspect 10/23/81 05/27/82 Ventura County Air Pollution Control District 9 Arrest Authority 05/23/79 06/18/82 72-72.8 New Source Performance Standards (various sources) 11/03/75 08/15/77 72.9-72.10 New Source Performance Standards (various sources) 11/10/76 08/15/77 73-73.4 National Emission Standards for Hazardous Air Pollutants (various sources) 11/10/76 08/15/77 Yolo-Solano Air Quality Management District 1.4 Enforcement 06/22/78 01/29/79 1.7 Arrest, Notice to Appear 02/21/72 05/31/72 2.18 Payment of Order Charging Costs 02/21/72 05/31/72 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 convincing new information during the comment period, 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 32111, “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 (Public Law 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. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this proposed rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the “Attorney General's Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings” issued under the executive order. 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 Environmental protection, Air pollution control, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 *et seq.* Dated: August 31, 2001. Sally Seymour, Acting Regional Administrator, Region IX. [FR Doc. 01-22999 Filed 9-12-01; 8:45 am]

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