[Federal Register Volume 61, Number 220 (Wednesday, November 13, 1996)]
[Rules and Regulations]
[Pages 58133-58134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28477]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 079-3-002; FRL-5640-2]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Mojave Desert Air Quality
Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is finalizing the approval of revisions to the California
State Implementation Plan (SIP) proposed in the Federal Register on
October 31, 1995. The revisions concern new source review (NSR) rules
from the Mojave Desert Air Quality Management District (MDAQMD or the
District). This approval action will incorporate these rules into the
federally approved SIP. The intended effect of approving these rules is
to regulate air pollution in accordance with the requirements of the
Clean Air Act, as amended in 1990 (CAA or the Act). The rules control
emissions of air pollutants from new and modified stationary sources.
Thus, EPA is finalizing the approval of these rules 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.
EFFECTIVE DATE: This action is effective on December 13, 1996.
ADDRESSES: Copies of the submitted rules and EPA's evaluation report
are available for public inspection at EPA's Region IX office during
normal business hours. Copies of the submitted rules are available for
inspection at the following locations:
New Source Section (A-5-1), Air and Toxics Division, U.S. Environmental
Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA
94105.
Environmental Protection Agency, Air Docket (6102), 401 ``M'' Street,
SW., Washington, DC 20460.
Mojave Desert AQMD, 15428 Civic Drive, suite 200, Victorville, CA
92932.
Air Resources Board, 2020 L Street, Sacramento, CA 95814.
FOR FURTHER INFORMATION CONTACT: Steve Ringer, Permits Office, Air
Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne
Street, San Francisco, CA 94105, Telephone: (415) 744-1260.
SUPPLEMENTARY INFORMATION:
Background
On October 31, 1995 at 60 FR 55355, EPA proposed to approve MDAQMD
rules 1301-1308, and 1310-1312 into the California SIP, contingent upon
the District's adoption (and submittal as a SIP revision) of
corrections to a number of deficiencies in the rules. On March 25,
1996, MDAQMD adopted the following rules as the corrections required in
the October 1995 proposed approval: MDAQMD Rule 1300, General; MDAQMD
Rule 1301, Definitions; MDAQMD Rule 1302, Procedure; MDAQMD Rule 1303,
Requirements; MDAQMD Rule 1304, Emissions Calculations; MDAQMD Rule
1305, Emission Offsets; MDAQMD Rule 1306, Electric Energy Generating
Facilities. On March 25, 1996,
[[Page 58134]]
MDAQMD also rescinded rules 1307-1313 and incorporated the substantive
provisions of those rules into rules 1300-1306. Rules 1300-1306
(adopted) and rules 1307-1313 (rescinded) were submitted by the
California Air Resources Board to EPA on July 23, 1996, as an amendment
to the SIP (rules 1300-1306, as submitted on July 23, 1996, will
hereafter be referred to as ``the submitted rules''). In the technical
support document (TSD) that EPA prepared for the October 1995 proposed
approval, EPA discussed the consolidation of the substantive portions
of rules 1307-1313 into rules 1300-1306, and the manner in which rules
1300-1306 would, upon consolidation, contain all of the necessary NSR
elements and make all of the corrections necessary for final SIP
approval.
EPA has evaluated the submitted rules to ensure that these rules
contain the changes that were listed as contingencies for final
approval in the October 1995 proposed approval. The submitted rules
contain the changes necessary for approval, in a manner that is
identical to that described in the TSD for the proposed approval.
Because the submitted rules meet the contingencies for final approval,
EPA is now promulgating final approval of rules 1300-1306, as submitted
on July 23, 1996. EPA is also rescinding the proposed approval of rules
1307, 1308, 1310, 1311, and 1312, because the substantive portions of
these rules have been consolidated in the submitted rules.
For a detailed description of how the submitted rules contain the
changes that were listed as contingencies for final approval in the
October 1995 proposed approval, please see the TSD for the proposed
approval. The TSD for the proposed approval is available at EPA's
Region IX office at the location listed under the Addresses section of
this Federal Register document.
EPA has also evaluated the submitted rules for consistency with the
requirements of sections 172 and 173 of the CAA and EPA's NSR
regulations at 40 CFR 51.160 through 51.165. EPA has found that the
rules meet the applicable EPA requirements. A detailed discussion of
the rule provisions and evaluations has been provided in the TSD for
the proposed approval.
Response to Public Comments
A 30-day public comment period was published in the Federal
Register on October 31, 1995 at 60 FR 55355. EPA received no comments
on the proposed approval of these rules.
EPA Action
EPA is finalizing action to approve rules 1300-1306 as described
above for inclusion into the California SIP, and to rescind the
proposed approval of rules 1307, 1308, and 1310-1312, as described
above. EPA is approving the submittal under section 110(k)(3) as
meeting the requirements of section 110(a) and part D of the CAA. This
approval action will incorporate the submitted rules into the federally
approved SIP. The intended effect of approving these rules is to
regulate emissions of air pollution in accordance with the requirements
of the CAA.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the SIP shall be considered separately in light of specific technical,
economic, and environmental factors and in relation to relevant
statutory and regulatory requirements.
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 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 rules 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.
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).
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Note: Incorporation by reference of the State Implementation
Plan for the State of California was approved by the Director of the
Federal Register on July 1, 1982.
Dated: September 16, 1996.
Felicia Marcus,
Regional Administrator.
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 52.220 is amended by adding paragraph (c)(239) to read
as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(239) New and amended regulations for the following APCDs were
submitted on July 23, 1996, by the Governor's designee:
(i) Incorporation by reference.
(A) Mojave Desert Air Quality Management District.
(1) Rules 1300-1306, adopted on March 25, 1996.
* * * * *
[FR Doc. 96-28477 Filed 11-12-96; 8:45 am]
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