[Federal Register Volume 61, Number 213 (Friday, November 1, 1996)]
[Rules and Regulations]
[Pages 56472-56474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27844]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 168-0019a; FRL-5641-7]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Sacramento Metropolitan Air Quality
Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action on revisions to the
California State Implementation Plan. The revisions concern negative
declarations from the Sacramento Metropolitan Air Quality Management
District (SMAQMD) for five source categories that emit oxides of
nitrogen (NOX): Nitric and Adipic Acid Manufacturing Plants,
Utility Boilers, Cement Manufacturing Plants, Glass Manufacturing
Plants, and Iron and Steel Manufacturing Plants. The SMAQMD has
certified that these source categories are not present in the District
and this information is being added to the federally approved State
Implementation Plan. The intended effect of approving these negative
declarations is to meet the requirements of the Clean Air Act, as
amended in 1990 (CAA or the Act). Thus, EPA is
[[Page 56473]]
finalizing the approval of these revisions into the California SIP
under provisions of the CAA regarding EPA action on SIP submittals,
SIPs for national primary and secondary ambient air quality standards
and plan requirements for nonattainment areas.
DATES: This action is effective on December 31, 1996, unless adverse or
critical comments are received by December 2, 1996. If the effective
date is delayed, a timely notice will be published in the Federal
Register.
ADDRESSES: Copies of the submitted negative declarations are available
for public inspection at EPA's Region IX office and also at the
following locations during normal business hours.
Rulemaking Section (A-5-3), Air and Toxics Division, U.S.
Environmental Protection Agency, Region IX, 75 Hawthorne Street, San
Francisco, CA 94105
Air Docket (6102), U.S. Environmental Protection Agency, 401 ``M''
Street, SW, Washington, DC 20460
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 92123-1095
Sacramento Metropolitan Air Quality Management District, Rule
Development Section, 8411 Jackson Road, Sacramento, CA 95826
FOR FURTHER INFORMATION CONTACT: Julie A. Rose, Rulemaking Section (A-
5-3), Air and Toxics Division, U.S. Environmental Francisco, CA 94105,
Telephone: (415) 744-1184.
SUPPLEMENTARY INFORMATION:
Applicability
The revisions being approved as additional information for the
California SIP include five negative declarations from the SMAQMD
regarding the following source categories: (1) Nitric and Adipic Acid
Manufacturing Plants, (2) Utility Boilers, (3) Cement Manufacturing
Plants, (4) Glass Manufacturing Plants, and (5) Iron and Steel
Manufacturing Plants. These negative declarations were submitted by the
California Air Resources Board (CARB) to EPA on March 4, 1996.
Background
On November 15, 1990, the Clean Air Act Amendments of 1990 (CAA)
were enacted. Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C.
7401-7671q. The air quality planning requirements for the reduction of
NOX emissions through reasonably available control technology
(RACT) are set out in section 182(f) of the CAA. On November 25, 1992,
EPA published a notice of proposed rulemaking entitled ``State
Implementation Plans; Nitrogen Oxides Supplement to the General
Preamble; Clean Air Act Amendments of 1990 Implementation of Title I;
Proposed Rule,'' (the NOX Supplement) which describes the
requirements of section 182(f). The NOX Supplement should be
referred to for further information on the NOX requirements and is
incorporated into this document by reference. Section 182(f) of the
Clean Air Act requires states to apply the same requirements to major
stationary sources of NOX (``major'' as defined in section 302 and
section 182 (c), (d), and (e)) as are applied to major stationary
sources of volatile organic compounds (VOCs), in moderate or above
ozone nonattainment areas. The Sacramento Metropolitan Area (SMA) is
classified as a severe nonattainment area for ozone 1. The SMA
area is subject to the RACT requirements of section 182(b)(2), cited
above.
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\1\ The Sacramento Metropolitan Area was designated
nonattainment and classified by operation of law pursuant to
sections 107(d) and 181(a) upon the date of enactment of the CAA.
See 55 FR 56694 (November 6, 1991). The Sacramento Metropolitan Area
was reclassified from serious to severe on June 1, 1995. See 60 FR
20237 (April 25, 1995).
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Section 182(b)(2) requires submittal of RACT rules for major
stationary sources of VOC emissions (not covered by a pre-enactment
control technique guidelines (CTG) document or a post-enactment CTG
document) by November 15, 1992. There were no NOX CTGs issued
before enactment and EPA has not issued a CTG document for any NOX
category since enactment of the CAA.
The five negative declarations were adopted on August 3, 1995, and
submitted by the State of California on March 4, 1996. The submitted
negative declarations were found to be complete on June 27, 1996,
pursuant to EPA's completeness criteria that are set forth in 40 CFR
part 51, appendix V 2 and are being finalized for approval into
the SIP as additional information.
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\2\ EPA adopted the completeness criteria on February 16, 1990
(55 FR 5830) and, pursuant to section 110(k)(1)(A) of the CAA,
revised the criteria on August 26, 1991 (56 FR 42216).
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This document addresses EPA's direct final action for the SMAQMD
negative declarations for: (1) Nitric and Adipic Acid Manufacturing
Plants, (2) Utility Boilers, (3) Cement Manufacturing Plants, (4) Glass
Manufacturing Plants, and (5) Iron and Steel Manufacturing Plants. The
submitted negative declarations certify that there are no NOX
sources in these source categories located inside SMAQMD. Therefore,
the determination being evaluated is that there is no need to have RACT
rules in the SIP for these source categories at this time.
EPA Evaluation and Action
In determining the approvability of a negative declaration, EPA
must evaluate the declarations for consistency with the requirements of
the CAA and EPA regulations, as found in section 110 of the CAA and 40
CFR part 51 (Requirements for Preparation, Adoption, and Submittal of
Implementation Plans).
In a Resolution dated August 3, 1995, the SMAQMD Board affirmed
that the SMAQMD does not have any major stationary sources in these
source categories located within the federal ozone nonattainment
planning area.
EPA has evaluated these negative declarations and has determined
that they are consistent with the CAA, EPA regulations, and EPA policy.
SMAQMD's negative declarations for Nitric and Adipic Acid Manufacturing
Plants, Utility Boilers, Cement Manufacturing Plants, Glass
Manufacturing Plants, and Iron and Steel Manufacturing Plants are being
approved under section 110(k)(3) of the CAA as meeting the requirements
of section 110(a) and Part D.
EPA is publishing this document without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective December 31, 1996 unless, by December 2, 1996, adverse or
critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective December 31, 1996.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future implementation
plan. Each request for revision to the State Implementation Plan shall
be considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
[[Page 56474]]
Administrative Requirements
Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from Executive Order 12866 review.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises and
government entities with jurisdiction over population of less than
50,000.
Because this action does not create any new requirements but simply
includes additional information into the SIP, I certify that it does
not have a significant impact on any small entities. Moreover, due to
the nature of the Federal-state relationship under the CAA, preparation
of a regulatory flexibility analysis would constitute Federal inquiry
into the economic reasonableness of State action. The CAA forbids EPA
to base its actions concerning SIPs on such grounds. Union Electric Co.
v. U.S. E.P.A., 427 U.S. 246, 256-66 (S. Ct. 1976); 42 U.S.C. 7410
(a)(2).
Unfunded Mandates
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector or to
State, local, or tribal governments in the aggregate.
Through submission of this State Implementation Plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under Part D of the Clean Air
Act. These rules may bind State, local, and tribal governments to
perform certain actions and also require the private sector to perform
certain duties. The negative declarations being approved by this action
will impose no new requirements because affected sources are already
subject to these regulations under State law. Therefore, no additional
costs to State, local, or tribal governments or to the private sector
result from this action. EPA has also determined that this final action
does not include a mandate that may result in estimated costs of $100
million or more to State, local, or tribal governments in the aggregate
or to the private sector.
Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 31, 1996. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Oxides of
nitrogen, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: October 17, 1996.
Felicia Marcus,
Regional Administrator.
Subpart F of part 52, chapter I, Title 40 of the Code of Federal
Regulations is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart F--California
2. Section 52.222 is being amended by adding paragraph (b) to read
as follows:
Sec. 52.222 Negative declarations.
* * * * *
(b) The following air pollution control districts submitted
negative declarations for oxides of nitrogen source categories to
satisfy the requirements of section 182 of the Clean Air Act, as
amended. The following negative declarations are approved as additional
information to the State Implementation Plan.
(1) Sacramento Metropolitan Air Quality Management District.
(i) Nitric and Adipic Acid Manufacturing Plants, Utility Boilers,
Cement Manufacturing Plants, Glass Manufacturing Plants, and Iron and
Steel Manufacturing Plants were submitted on March 4, 1996, and adopted
on August 3, 1995.
[FR Doc. 96-27844 Filed 10-31-96; 8:45 am]
BILLING CODE 6560-50-P
