[Federal Register Volume 60, Number 211 (Wednesday, November 1, 1995)]
[Rules and Regulations]
[Pages 55460-55466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27142]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[FRL-5323-5]
Clean Air Act Final Interim Approval of the Operating Permits
Programs; San Luis Obispo County Air Pollution Control District, Santa
Barbara County Air Pollution Control District, and Ventura County Air
Pollution Control District, California
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final interim approval.
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SUMMARY: The EPA is promulgating interim approval of the Operating
Permits Programs submitted by the California Air Resources Board on
behalf of the San Luis Obispo County Air Pollution Control District,
the Santa Barbara County Air Pollution Control District, and the
Ventura County Air Pollution Control District for the purpose of
complying with Federal requirements for an approvable State program to
issue operating permits to all major stationary sources, and to certain
other sources.
EFFECTIVE DATE: December 1, 1995.
ADDRESSES: Copies of the Districts' submittals and other supporting
information used in developing the final interim approvals are
available for inspection during normal business hours at the following
location: Operating Permits Section, A-5-2, Air and Toxics Division,
U.S. EPA-Region IX, 75 Hawthorne Street, San Francisco, California
94105.
FOR FURTHER INFORMATION CONTACT: For information on San Luis Obispo's
program, contact Frances Wicher (telephone: 415/744-1250), Mail Code A-
5-2, U.S. Environmental Protection Agency, Region IX, Air & Toxics
Division, 75 Hawthorne Street, San Francisco, CA 94105. For information
on Santa Barbara's program or Ventura's program, contact Martha Larson
(telephone: 415/744-1238) at the same address.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
Title V of the 1990 Clean Air Act Amendments (sections 501-507 of
the Act), and implementing regulations at 40 Code of Federal
Regulations (CFR) part 70 require that States develop and submit
operating permits programs to EPA by November 15, 1993, and that EPA
act to approve or disapprove each program within one year after
receiving the submittal. The EPA's program review occurs pursuant to
section 502 of the Act and the part 70 regulations, which together
outline criteria for
[[Page 55461]]
approval or disapproval. Where a program substantially, but not fully,
meets the requirements of part 70, EPA may grant the program interim
approval for a period of up to two years. If EPA has not fully approved
a program by two years after the November 15, 1993 date, or by the end
of an interim program, it must establish and implement a Federal
program.
EPA proposed interim approval of San Luis Obispo's title V
operating permits program on September 1, 1995 (60 FR 45685), Santa
Barbara's program on July 10, 1995 (60 FR 35538), and Ventura's program
on November 22, 1994 (59 FR 60104). In these Federal Register
documents, EPA also proposed approval of each District's interim
mechanism for implementing sections 112(g) and, under 112(l), its
program for delegation of section 112 standards as promulgated. Public
comment was solicited on all these proposed actions. EPA received
comments on the proposed approval of Santa Barbara's and Ventura's
operating permits program and is responding to these comments in this
document. EPA did not receive any comments on its proposed interim
approval of San Luis Obispo's program. The proposed actions to
interimly approve the Districts' operating permit programs and approve
their 112(g) and delegation mechanisms have not been altered as a
result of public comment.
II. Final Action and Implications
A. Analysis of State Submissions
San Luis Obispo's title V operating permits program was submitted
by the California Air Resources Board (CARB) on November 15, 1993.
Additional material was submitted on February 18, 1994, and May 3, May
23 and August 21, 1995.
Santa Barbara's title V operating permits program was submitted by
the CARB on November 15, 1993. Additional material was submitted on
March 2, August 8, and December 8, 1994, and June 15, 1995.
Ventura's title V operating permits program was submitted by CARB
on November 16, 1993. Additional material was submitted on December 6,
1993. Since the time that EPA proposed interim approval, Ventura has
adopted regulations to implement title IV of the Act. On March 14,
1995, Ventura incorporated part 72 by reference into District Rule 34.
Rule 34 was submitted to EPA on April 28, 1995.
EPA proposed interim approval of each District's program in
accordance with Sec. 70.4(d), on the basis that the program
``substantially meets'' part 70 requirements. The analyses of the
Districts' programs in the proposed approvals remain unchanged and will
not be repeated in this final document. The program deficiencies
identified for each program in the proposed approvals also remain
unchanged except for a change to Santa Barbara's interim approval issue
related to the definition of title I modifications. This change is
discussed in II.B.1.b. below. Each District must correct the program
deficiencies listed in its proposed interim approval in order to
receive full approval.
At the time of proposals for each District, EPA believed that an
implementation agreement between EPA and each District would be
completed prior to final interim approval. EPA and the Districts have
not yet finalized implementation agreements but are working to do so as
soon as practicable.
B. Public Comment
EPA received comments on the proposed interim approvals for Santa
Barbara and Ventura. No comments were received on the proposed interim
approval for San Luis Obispo.
1. Comments on the Proposed Interim Approval for Santa Barbara
EPA received comments on the proposed interim approval of the Santa
Barbara program from two public commenters: Vandenberg Air Force Base
(Vandenberg), and the Santa Barbara County Air Pollution Control
District. These comments are discussed below.
a. Insignificant Activities. Vandenberg submitted comments
regarding EPA's discussion of insignificant activities in the July 10,
1995 proposal notice. Primarily, Vandenberg requested that EPA clarify
the requirements that Santa Barbara must meet with respect to
insignificant activities for full approval of its part 70 program.
Vandenberg commented that, because of the size of the Air Force Base,
determinations of insignificant activities based on potential emissions
and based on source category emissions rather than unit emissions would
be burdensome, because the aggregated source-category emissions at
Vandenberg would prevent any units from being determined to be
insignificant. Vandenberg specifically asked (1) whether EPA required
Santa Barbara to include insignificant emission levels and other
``gatekeepers'' in Rule XIII as well as providing documentation
demonstrating that the activities listed in Rule 202 are insignificant,
(2) whether the insignificant emission levels may be expressed in terms
of actual emissions, and (3) whether insignificant emission levels were
intended to be applied on a device basis or on a source category basis.
Section 70.4(b)(2) requires States to include in their part 70
programs any criteria used to determine insignificant activities or
emission levels for the purpose of determining complete applications.
Under part 70, a State must request and EPA must approve as part of
that State's program any activity or emission level that the State
wishes to consider insignificant. Santa Barbara submitted District Rule
202, its current permit exemption rule, as its list of insignificant
activities. Santa Barbara did not provide EPA with criteria used to
develop the exemptions list, information on the level of emissions from
the activities, or with a demonstration that these activities are not
likely to be subject to an applicable requirement.
Santa Barbara has two options with regards to insignificant
activities. Under one option, Santa Barbara would provide a
demonstration that activities exempted from permitting under Rule XIII
(pursuant to Rule 202, the District's permit exemption list) are truly
insignificant and are not likely to be subject to an applicable
requirement. Santa Barbara's alternative would be to revise Rule XIII
to include a restriction that may be used in conjunction with Rule 202
to define insignificant activities. Rule XIII would be revised to
include District-established emission levels. These District-
established levels must include separate emission levels for HAPs and
for other regulated air pollutants. Santa Barbara would then only have
to demonstrate that these emission levels are insignificant compared to
the level of emissions from and type of units that are required to be
permitted or subject to applicable requirements.
The District may establish insignificant emission levels in terms
of actual or potential emissions, and may define insignificant
activities either on a unit-by-unit basis, or a source-category basis.
The emission levels, in conjunction with the insignificant activity
list and the Sec. 70.5(c) requirement that applications may not omit
information needed to determine the applicability of, or to impose, any
applicable requirement, or to evaluate the fees, would be used to
define insignificant activities. Also note that emissions from
insignificant activities must be included in determining whether a
facility is a major source subject to title V.
In the proposed rulemaking EPA suggested insignificance levels that
the
[[Page 55462]]
Agency would find acceptable without a further demonstration. EPA's
limits are provided as an example of what may be acceptable. However,
EPA clearly stated in the proposal notice that our request for comment
on these proposed levels is not intended to restrict the ability of the
District to propose and EPA to approve other emission levels if the
District demonstrates that such alternative emission levels are
insignificant compared to the levels of emission from types of units
that are permitted or subject to applicable requirements.
EPA would like to note that Santa Barbara has the flexibility to
modify its regulations and submit criteria for EPA approval of new
exemptions, as long as the District demonstrates, or EPA is otherwise
satisfied, that such alternative emission levels are insignificant
compared to the level of emissions and types of units that are required
to be permitted or subject to applicable requirements. EPA is not
prohibiting Santa Barbara from setting its own limits, as long as
limits are demonstrated to be truly insignificant and the activities or
units are not likely to be subject to applicable requirements. With
this understanding, one of Santa Barbara's options would be to revise
its Rule 1301 definitions of ``insignificant emissions'' and
``insignificant emission levels'' to meet the part 70 requirements and
to link the two definitions, so that insignificant emission levels are
defined as criteria for determining insignificant activities. An option
for revising Santa Barbara's definition of ``insignificant emission
levels'' would be ```Insignificant Emissions Levels' mean the emission
levels that, for regulated air pollutants, are exempt from District
permitting pursuant to Section A.3. of District Rule 202 and
additionally for HAPs, do not exceed Section 112(g) de minimis levels
or other title I significant modification levels for hazardous air
pollutants and other toxics.''
b. Title I Modifications. The July 10, 1995 proposal notice
identified Santa Barbara's omission of certain part 60 modifications
from the definitions of ``title I (or major) modification'' and
``significant part 70 permit revision'' as an interim approval issue.
See 60 FR 35538. Based on a June 15, 1995 commitment letter from Santa
Barbara, EPA proposed that Santa Barbara must correct these definitions
for full approval. Additionally, EPA required that Santa Barbara
provide interpretive guidance demonstrating that all modifications
under part 60 will be treated as significant permit modifications in
order to receive final interim approval.
Santa Barbara commented to request that its final interim approval
not be conditioned upon the District's issuing interpretive guidance
explaining how all modifications under part 60 would be treated as
significant permit modifications. Santa Barbara reiterated its June 15,
1995 commitment to issue this guidance. However, citing program rules,
the District stated that it could not undertake this kind of activity
prior to EPA's final interim approval of its part 70 operating permits
program. Santa Barbara committed to having the interpretive guidance in
place prior to revising any part 70 permits involving modifications
under part 60.
Santa Barbara's definition of ``title I modification'' does not
include modifications under part 60. Santa Barbara's definition of
``significant part 70 permit modification'' includes only ``Any
equivalent or identical replacement of an emission unit that is subject
to standards promulgated under CAA, section 111 or 112.'' Therefore,
Santa Barbara's rule would not require all modifications under part 60
to be processed as significant permit revisions. Part 70 requires all
modifications under title I of the Act to be processed as significant
permit modifications (Sec. 70.7(e)(2)(i)(A)(5)). EPA's initial part 70
proposal (56 FR 21712) identified part 60 modifications as title I
modifications.
Neither EPA's August 29, 1994 proposed revisions to part 70 (59 FR
44460) nor EPA's August 31, 1995 supplemental proposal (60 FR 45530)
removes part 60 from the definition of ``title I modifications.'' The
August 31, 1995 notice's proposed definition of ``title I
modification'' includes a reference to 111(a)(4), which is the enabling
legislation for part 60 modifications: ``Title I modification or
modification under any provision of title I of the Act means any
modification under parts C and D of title I or sections 111(a)(4),
112(a)(5), or 112(g) of the Act; under regulations promulgated by EPA
thereunder or in 61.07 of part 61 of this chapter; or under State
regulations approved by EPA to meet such requirements.'' EPA has
determined that inclusion of part 60 modifications under the definition
of title I modification, and thus under the definition of significant
part 70 modification, is necessary for full approval. In the July 10,
1995 notice proposing interim approval of Santa Barbara's rule, EPA
proposed that the interpretive guidance be issued prior to any permit
modifications, and therefore required the issuance of this guidance as
a condition of final interim approval. However, EPA is confident that,
based on Santa Barbara's June 15, 1995 and August 9, 1995 commitments,
Santa Barbara will implement its rule consistently with part 70's
definition of title I modification. Through oversight, EPA will monitor
the District's rule implementation, and any permit modification that
does not treat part 60 modifications as significant permit
modifications is subject to EPA objection. Therefore, EPA has
determined that Santa Barbara's commitment is adequate for final
interim approval.
2. Comments on the Proposed Interim Approval for Ventura
EPA received comments on the proposed interim approval of the
Ventura County program from four public commenters: the National
Environmental Development Association Clean Air Regulatory Project
(NEDA/CARP), the American Forest & Paper Association (AF&PA), the
California Air Resource Board (CARB), and the Ventura County Air
Pollution Control District (APCD).
a. Section 112(g) Implementation. The APCD comments expressed
concerns with implementing a 112(g) program prior to EPA's promulgation
of 112(g) guidance. AF&PA and NEDA/CARP also commented that EPA should
not approve use of the District's preconstruction permitting program
for the purposes of implementing 112(g) prior to EPA's promulgation of
a 112(g) rule. The AF&PA and NEDA/CARP objected to the implementation
of 112(g) without EPA's guidance on de minimis emission increases,
offsets, and applicability under 112(g). The AF&PA and NEDA/CARP
believe that the District would not be able to appropriately determine
applicability of MACT standards prior to promulgation of the 112(g)
rule. AF&PA stated that the lack of guidance would cause the District
to implement a 112(g) program in such a manner that could unfairly put
sources at risk of enforcement action if it was later found that the
District's implementation of 112(g) was not consistent with EPA's
112(g) rule.
Section 112(g)(2) of the Clean Air Act prohibits the construction,
reconstruction, and modification of any major source of hazardous air
pollutants after the effective date of a title V program unless the
source meets MACT. EPA received many comments on 112(g) implementation
and agrees that it is not reasonable to expect the States and Districts
to implement section 112(g) before a Federal 112(g) rule is issued. EPA
has therefore published an interpretive notice in the Federal Register
regarding section 112(g) of the Act. 60 FR 8333 (February 14, 1995).
[[Page 55463]]
The interpretive notice outlines EPA's revised interpretation of
section 112(g) applicability prior to EPA's issuing the final section
112(g) rule. The interpretive notice allows State and local agencies to
decide whether to delay implementing 112(g) of the Act until EPA
promulgates a final 112(g) rule unless they choose to implement the
requirements of 112(g) as a matter of state or local law prior to EPA
promulgation of the 112(g) rule. Major source modifications,
constructions, and reconstructions will not be subject to section
112(g) requirements until the final rule is promulgated.
The interpretive notice further explains that EPA is considering
whether the effective date of section 112(g) should be delayed beyond
the date of promulgation of the Federal rule so as to allow States time
to adopt rules implementing the Federal rule, and that EPA will provide
for any such additional delay in the final section 112(g) rulemaking.
Unless and until EPA provides for such an additional postponement of
the effective date of section 112(g), Ventura must be able to implement
section 112(g) during the period between promulgation of the Federal
section 112(g) rule and adoption of implementing District regulations.
Therefore, EPA is approving the use of Ventura's preconstruction
program as an interim mechanism, as proposed.
However, since approval is intended solely to confirm that the
District has a mechanism to implement section 112(g) during the
transition period, the approval itself will be without effect if EPA
decides in the final section 112(g) rule that there will be no
transition period.
The APCD and CARB commented that EPA should allow at least 18
months, rather than 12 months, to develop section 112(g) regulations
following EPA's promulgation of the Federal section 112(g) rule. The
District stated that 12 months may not be sufficient time to both
undergo the regulatory development process and prepare a section 112(l)
equivalency package for approval of the District's regulation to be
used in lieu of the Federal 112(g) rule. Additionally, CARB commented
that, contingent upon a District submitting a 112(l) equivalency
package within 18 months of EPA's promulgation of a 112(g) rule, EPA
should extend the interim approval of the District's preconstruction
permit program for implementing a 112(g) program until EPA has finally
approved or disapproved the District's 112(l) submittal.
EPA has approved an 18-month transition period in other states and
does not see a unique reason to limit Ventura, Santa Barbara or San
Luis Obispo to 12 months. If in the final section 112(g) rule, however,
the transition period is eliminated, the Districts must follow the
implementation time lines set out in that rulemaking. In addition, EPA
believes that, in most cases, 18 months will be an adequate period of
time for (1) districts to adopt a 112(g) rule, (2) districts to make a
complete submittal, (3) EPA to determine the submittal complete, and
(4) EPA to approve the submittal under 112(l). Under EPA's 112(l) rule
(``Approval of State Programs and Delegation of Federal Authority,'' 58
FR 62262), EPA is required to process a submittal within 6 months of
determining the submittal complete. EPA believes that approval of a
longer time period could inappropriately delay implementation of a
112(g) program.
b. Insignificant Activities. The APCD commented that the District's
categorical permit exemption list should be accepted as its list of
insignificant activities. The APCD stated that the list was a result of
the District's experience over many years, and so represents the best
approach to determining insignificant activities. AF&PA and NEDA/CARP
also recommend that the District's current list be accepted.
EPA recognizes that information about insignificant emissions units
may not be needed in some cases to assure compliance with all
applicable requirements or to determine applicability. Therefore, part
70 allows state and local agencies to submit a list for approval of
insignificant activities and emissions levels. This list must be
accompanied with some sort of justification or selection criteria that
assure insignificance with respect to Federal applicable requirements
(section 70.4(b)(2)). The fact that the District has a preexisting
exemption list does not constitute sufficient justification. As stated
in the proposal, Ventura's program provided EPA with no criteria or
information on the level of emissions from activities on the District's
exemption lists. In addition, the specific insignificant activities
provisions submitted by Ventura have raised concerns with EPA regarding
the District's ability to ensure that applicable requirements are
included in permits. Ventura did not provide EPA with a demonstration
to the contrary. Because Ventura has not provided EPA with
justification for each categorical exemption, EPA does not have
adequate information on which to evaluate the activities, and cannot
approve the District's exemption list.
The APCD commented that EPA's requirement that emission levels be
set is impractical, because levels based on potential emissions would
exempt few sources, while levels based on actual emissions would
require that sources keep records to demonstrate emissions are below
the levels, which would be burdensome.
EPA disagrees that setting emission levels is impractical or
burdensome. These emission levels could be evaluated based on actual
emissions, although demonstrations could also be made based upon
potential emissions. Nothing in part 70 requires sources to keep
ongoing records to demonstrate eligibility for insignificant activity
status.
AF&PA and NEDA/CARP commented that EPA's suggested ``acceptable''
emissions levels are too stringent, and that EPA is not providing the
District opportunity to define alternative thresholds, and that EPA has
no authority to hold out ``suggested'' emission levels as a threshold
for receiving full approval.
In the proposed rulemaking EPA suggested insignificance levels that
the Agency would find acceptable even without a further demonstration.
EPA's limits are provided as an example of what may be acceptable.
However, EPA clearly stated in the proposal notice that its request for
comment on these proposed levels ``is not intended to restrict the
ability of the District to propose and EPA to approve other emission
levels if the District demonstrates that such alternative emission
levels are insignificant compared to the levels of emission from types
of units that are permitted or subject to applicable requirements.''
EPA would like to note that Ventura has the flexibility to modify
its regulations and submit criteria for EPA approval of new exemptions,
as long as the District demonstrates, or EPA is otherwise satisfied,
that such alternative emission levels are insignificant compared to the
level of emissions and types of units that are permitted or subject to
applicable requirements. EPA is not prohibiting Ventura from setting
its own limits, as long as limits are demonstrated to be truly
insignificant and not likely to be subject to an applicable
requirement.
c. Title I Modifications. Ventura commented that ``title I
modifications'' should not be interpreted to include minor NSR. NEDA/
CARP and AF&PA supported EPA's decision that inclusion of minor NSR in
the definition of ``title I modification'' not be an interim approval
issue.
[[Page 55464]]
NEDA/CARP and AF&PA both contend that neither EPA nor the District
has authority to include as ``title I modifications'' those changes
made pursuant to a preconstruction permitting program approved under
the SIP. Furthermore, the commenters state that requiring Ventura's
program regulations to include the more encompassing definition of
``title I modification'' would constitute a revision to the Agency's
current operating permits rule. However, both commenters support EPA's
position of not making title I modifications an issue in granting
interim approval to Ventura's title V program, and therefore are not
asking for any changes to be made.
In an August 29, 1994 rulemaking proposal, the Agency solicited
public comment on whether ``title I modifications'' should be
interpreted to mean literally any change at a source that would trigger
permitting authority review under regulations approved or promulgated
under title I of the Act. (59 FR 44572, 44573). This would include
State preconstruction review programs approved by EPA as part of the
State Implementation Plan under section 110(a)(2)(C) of the Clean Air
Act.
The EPA has not yet taken final action on the August 29, 1994
proposal. However, in response to public comment on that proposal, the
Agency has decided that the definition of ``title I modifications'' is
best interpreted as not including changes reviewed under minor NSR
programs. This decision was announced in a June 20, 1995 letter from
Mary D. Nichols, EPA Assistant Administrator for Air and Radiation, to
Congressman John D. Dingell, and is published in a supplemental
rulemaking proposal in the Federal Register. 60 FR 45530 (August 31,
1995). Thus, EPA expects to confirm that Ventura's definition of
``title I modification'' is fully consistent with part 70.
The August 29, 1994 action proposed to, among other things, allow
State programs with a more narrow definition of ``title I
modifications'' to receive interim approval (59 FR 44572). The Agency
stated that if, after considering the public comments, it continued to
believe that the phrase ``title I modifications'' should be interpreted
as including minor NSR changes, it would revise the interim approval
criteria as needed to allow states with a narrower definition to be
eligible for interim approval. If EPA does conclude, during this
rulemaking, that Title I modifications should be read to include minor
NSR, it will implement the interim approval option spelled out in the
August 29, 1994 proposal.
d. Emissions Trading. AF&PA and NEDA/CARP supported EPA's
identification of emission trading as an interim approval issue. The
commenters agreed that Ventura should be required to revise its
regulation to provide for emission trading where an applicable
requirement provides for trading increases and decreases without a
case-by-case approval as a condition of full program approval. Ventura
has commented that the District plans to revise its regulations to
include applicable requirement emission trading.
e. Significant Changes to Monitoring Terms and Conditions. Ventura
requested EPA's guidance in defining ``significant'' with respect to
changes to monitoring terms and conditions. AF&PA and NEDA/CARP
commented that this change should not be an interim approval issue, for
the reasons that EPA has not adequately defined ``significant'' for
these purposes, and because EPA has requested public comment on more
flexible requirements for permit modifications due to significant
changes to monitoring terms and conditions.
Part 70 does not specifically define ``significant'' with respect
to significant modifications to monitoring terms and conditions. This
gives permitting authorities discretion in determining which changes
are considered to be ``significant.'' Part 70 does distinguish between
``significant'' changes, and ``relaxations'' to other types of
permitting terms and conditions. Significant permit changes would
encompass relaxations and other changes. EPA has not specifically
defined the term ``significant''; however, EPA has given examples of
how changes in monitoring terms and conditions would be classified with
respect to permit modification tracks in EPA's response to comments on
the proposed part 70 rule, (see ``Response to Comments on the 40 CFR
Part 70 Rulemaking,'' Docket No. A-90-33), and also in the final part
70 rule.
EPA does not agree that this deficiency should be dropped as an
interim approval issue pending the revisions to part 70. EPA proposed,
in the August 31, 1995 Federal Register, to revise current part 70
requirements for permit modifications. See 60 FR 45530. However, EPA
must approve current programs according to the existing part 70 rule
until the time that the part 70 program is revised. Therefore, this
remains an interim approval issue.
f. Modifications Prior to Permit Conditions. The APCD commented
that requiring permit revisions to be made prior to the actual
modifications is impractical because implementation of the actual
change may necessitate further changes to the permit.
This comment goes to the structure of part 70 rather than the
approvability of Ventura's program. Therefore, EPA believes that no
change to EPA's proposed action on the approvability of Ventura's title
V program is required in response to this comment. On August 31, 1995,
EPA proposed a supplement to part 70 that includes revisions to the
current permit modification procedures, with the opportunity for public
comment (60 FR 45530). However, until revisions to part 70 are
promulgated, all part 70 programs must be consistent with the current
part 70 rule, which requires that, unless modifications are subject to
section 112(g) or title I, parts C and D of the Act, and are not
prohibited by the existing part 70 permit, significant permit
modifications must be approved prior to their implementation.
B. Final Action
1. Interim Approvals
EPA is promulgating interim approval of the operating permit
programs for San Luis Obispo County, Santa Barbara County, and Ventura
County, California. The part 70 programs approved in this document
apply to all part 70 sources (as defined in the approved program)
within the each District including any title V sources on the outer
continental shelf within 25 miles of shore, except any sources of air
pollution over which an Indian Tribe has jurisdiction. See, e.g., 59 FR
55813, 55815-55818 (November 9, 1994). The term ``Indian Tribe'' is
defined under the Act as ``any Indian tribe, band, nation, or other
organized group or community, including any Alaska Native village,
which is Federally recognized as eligible for the special programs and
services provided by the United States to Indians because of their
status as Indians.'' See section 302(r) of the CAA; see also 59 FR
43956, 43962 (Aug. 25, 1994); 58 FR 54364 (Oct. 21, 1993).
These interim approvals, which may not be renewed, extend until
December 1, 1997. During this interim approval period, each District is
protected from sanctions, and EPA is not obligated to promulgate,
administer and enforce a Federal operating permits program in any of
these Districts. Permits issued under a program with interim approval
have full standing with respect to part 70, and the 1-year time period
for submittal of permit applications by subject sources begins upon the
effective date of this interim approval, as does the 3-year time period
for
[[Page 55465]]
processing the initial permit applications.
If any of the three Districts fails to submit a complete corrective
program for full approval by June 2, 1997, EPA will start an 18-month
clock for mandatory sanctions for that District. If the District then
fails to submit a corrective program that EPA finds complete before the
expiration of that 18-month period, EPA will be required to apply one
of the sanctions in section 179(b) of the Act to the District and that
sanction will remain in effect until EPA determines that the District
has corrected the deficiency by submitting a complete corrective
program. Moreover, if the Administrator finds a lack of good faith on
the part of the District, both sanctions under section 179(b) will
apply after the expiration of the 18-month period until the
Administrator determines that the District has come into compliance. In
any case, if, six months after application of the first sanction, the
District still has not submitted a corrective program that EPA has
found complete, a second sanction will be required.
If EPA disapproves a District's complete corrective program, EPA
will be required to apply one of the section 179(b) sanctions on the
date 18 months after the effective date of the disapproval, unless
prior to that date the District has submitted a revised program and EPA
has determined that it corrected the deficiencies that prompted the
disapproval. Moreover, if the Administrator finds a lack of good faith
on the part of the District, both sanctions under section 179(b) shall
apply after the expiration of the 18-month period until the
Administrator determines that the District has come into compliance. In
all cases, if, six months after EPA applies the first sanction, the
District has not submitted a revised program that EPA has determined
corrects the deficiencies, a second sanction is required.
In addition, discretionary sanctions may be applied where warranted
any time after the expiration of an interim approval period if the
District has not submitted a timely and complete corrective program or
EPA has disapproved its submitted corrective program. Moreover, if EPA
has not granted full approval to the District's program by the
expiration of this interim approval and that expiration occurs after
November 15, 1995, EPA must promulgate, administer and enforce a
federal permits program for the District upon interim approval
expiration.
a. San Luis Obispo's Title V Operating Permits Program. The EPA is
promulgating interim approval of San Luis Obispo's title V operating
permits program. The program deficiencies described in the proposed
rulemaking, under Section II.B.2., Interim Approval Issues for San Luis
Obispo's Title V Operating Permits Program, and the legislative
deficiency outlined under Section II.B.3., California Enabling
Legislation--Legislative Source Category Limited Interim Approval Issue
(see 60 FR 45685 (September 1, 1995)), must be corrected in order for
the District to be granted full approval.
b. Santa Barbara's Title V Operating Permits Program. EPA is
promulgating interim approval of Santa Barbara's operating permits
program submitted on November 15, 1993, and amended March 2, August 8,
and December 8, 1994, and June 15, 1995. Excepted as noted below, the
program deficiencies described in the proposed rulemaking, under
Section II.B.1., Santa Barbara's Title V Operating Permits Program, and
the legislative deficiency outlined under Section II.B.2., California
Enabling Legislation--Legislative Source Category Limited Interim
Approval Issue (see 60 FR 35538 (July 10, 1995)), must be corrected in
order for the District to be granted full approval. In response to
comments received, EPA has modified the interim approval issued related
to the definition of title I modifications (Issue m in the proposal).
In addition to the other interim approval issues noted in the proposed
approval, the District must make the following change to receive full
approval:
Definition of Title I Modifications and Significant Part 70 Permit
Modifications
Rule 1301 defines ``modification'' to include all modifications
under 40 CFR part 60. However, the definitions of ``title I (or major)
modification'' and ``significant part 70 permit modification'' do not
clearly define all modifications under part 60 as title I modifications
and do not clearly ensure they will be treated as significant permit
modifications. See discussion in Section II.B.1.b. of this notice.
Santa Barbara submitted a June 15, 1995 letter from Peter Cantle,
Engineering Division Manager, Santa Barbara County Air Pollution
Control District, committing to provide interpretive guidance
demonstrating that all modifications under 40 CFR part 60 will be
treated as significant permit modifications. In order to receive full
approval, Santa Barbara must finalize and submit to EPA interpretive
guidance demonstrating that all modifications under 40 CFR part 60 will
be treated as significant permit modifications. Additionally, in order
to receive full approval, Santa Barbara must clarify the definitions of
``title I (or major) modification'' and ``significant part 70 permit
modification'' to include all modifications under 40 CFR part 60.
c. Ventura's Title V Operating Permits Program. The EPA is
promulgating interim approval of Ventura's operating permits program
submitted on November 16, 1993 and amended December 6, 1993. The
program deficiencies described in the proposed rulemaking, under
Section II.B.1., Ventura's Title V Operating Permits Program, and the
legislative deficiency outlined under Section II.B.2., California
Enabling Legislation--Legislative Source Category Limited Interim
Approval Issue (see 59 FR 60104 (November 22, 1994)), must be corrected
in order for the District to be granted full approval.
2. Districts' Preconstruction Permit Program Implementing Section
112(g)
EPA is approving the use of each District's preconstruction review
program as a mechanism to implement section 112(g) during the
transition period between promulgation of EPA's section 112(g) rule and
adoption by each District of rules specifically designed to implement
section 112(g). EPA is limiting the duration of this approval to 18
months following promulgation by EPA of the section 112(g) rule.
3. Program for Delegation of Section 112 Standards as Promulgated
Requirements for part 70 program approval, specified in 40 CFR
section 70.4(b), encompass section 112(l)(5) requirements for approval
of a program for delegation of section 112 standards as promulgated by
EPA as they apply to part 70 sources. Section 112(l)(5) requires that a
permitting authority's title V program contain adequate authorities,
adequate resources for implementation, and an expeditious compliance
schedule, which are also requirements under part 70. Therefore, EPA is
also promulgating approval under section 112(l)(5) and 40 CFR section
63.91 of each of the District's programs for receiving delegation of
section 112 standards that are unchanged from the federal standards as
promulgated. These programs for delegations apply to both existing and
future standards but is limited to sources covered by the part 70
program.
III. Administrative Requirements
A. Docket
Copies of submittal for San Luis Obispo, Santa Barbara, and Ventura
as well as other information relied upon
[[Page 55466]]
for the final interim approvals are contained in docket numbers CA-SLO-
95-01-OPS (for San Luis Obispo), CA-SB-95-1-OPS (for Santa Barbara),
and CA-VT-94-1-OPS (for Ventura) maintained at the EPA Regional Office.
Each docket is an organized and complete file of all the information
submitted to, or otherwise considered by, EPA in the development of
this final interim approval. The dockets are available for public
inspection at the location listed under the ADDRESSES section of this
document.
B. Executive Order 12866
The Office of Management and Budget has exempted this action from
Executive Order 12866 review.
C. Regulatory Flexibility Act
The EPA's actions under sections 502 and 112 of the Act do not
create any new requirements, but simply address operating permit
programs submitted to satisfy the requirements of 40 CFR part 70.
Because these actions do not impose any new requirements, they do not
have a significant impact on a substantial number of small entities.
D. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a federal mandate that may result in estimated
costs to state, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under Section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the interim approval action promulgated
today does not include a federal mandate that may result in estimated
costs of $100 million or more to either state, local, or tribal
governments in the aggregate, or to the private sector. This federal
action approves pre-existing requirements under state or local law, and
imposes no new federal requirements. Accordingly, no additional costs
to state, local, or tribal governments, or to the private sector,
result from this action.
List of Subjects in 40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Operating permits, Reporting and recordkeeping requirements.
Dated: October 23, 1995.
Felicia Marcus,
Regional Administrator.
Part 70, title 40 of the Code of Federal Regulations is amended as
follows:
PART 70--[AMENDED]
1. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
2. Appendix A to part 70 is amended by adding paragraphs (z), (aa),
and (gg) to the entry for California to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
California
The following district program was submitted by the California
Air Resources Board on behalf of:
* * * * *
(z) San Luis Obispo County APCD (complete submittal received on
November 16, 1995); interim approval effective on December 1, 1995;
interim approval expires December 1, 1997.
(aa) Santa Barbara County Air Pollution Control District (APCD)
submitted on November 15, 1993, as amended March 2, 1994, August 8,
1994, December 8, 1994, and June 15, 1995; interim approval
effective on December 1, 1995; interim approval expires December 1,
1997.
* * * * *
(gg) Ventura County Air Pollution Control District (APCD)
submitted on November 16, 1993, as amended December 6, 1993; interim
approval effective on December 1, 1995; interim approval expires
December 1, 1997.
* * * * *
[FR Doc. 95-27142 Filed 10-31-95; 8:45 am]
BILLING CODE 6560-50-P
