[Federal Register Volume 62, Number 228 (Wednesday, November 26, 1997)]
[Rules and Regulations]
[Pages 62949-62951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30951]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[CA-002-PP; FRL-5926-2]
Clean Air Act Approval and Promulgation of Title V Operating
Permits Program Revisions; State Implementation Plan Revision, Santa
Barbara County Air Pollution Control District, California
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is finalizing the approval of a revision to Rule 1301 of
Regulation XIII proposed in the Federal Register on September 3, 1997,
both as a revision to the federally-approved State Implementation Plan
(SIP) and as a revision to the title V operating permit program adopted
by the Santa Barbara County Air Pollution Control District (Santa
Barbara, SBCAPCD, or District) on September 18, 1997. This approval
action will incorporate this rule into the federally approved SIP. The
intended effect of approving this revision is to allow Department of
Defense (DoD) facilities to become exempt from title V of the Clean Air
Act permit requirements, if the source implements an emission reduction
plan that achieves a minimum reduction of 10 tons per year of ozone
precursors.
Thus, EPA is finalizing the approval of this rule as a revision to
the title V operating permit program, and as a revision 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 26, 1997.
ADDRESSES: Copies of the rule revision and EPA's evaluation report is
available for public inspection at EPA's Region IX office during normal
business hours. Copies of the submitted rule revision is available for
inspection during normal business hours at the following locations:
Permits Office (AIR-3), Air Division, U.S. Environmental Protection
[[Page 62950]]
Agency, Region IX, 75 Hawthorne Street, 17th Floor, San Francisco, CA
94105
Santa Barbara County Air Pollution Control District, 26 Castilian Drive
B-23, Goleta, CA 93117
California Air Resources Board, 2020 L Street, Sacramento, CA 95814
U.S. Environmental Protection Agency, Air Docket (6102), 401 ``M''
Street, S.W., Washington, D.C. 20460
FOR FURTHER INFORMATION CONTACT: John Walser (telephone 415/744-1257),
Permits Office (AIR-3), Air Division, U.S. Environmental Protection
Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105.
SUPPLEMENTARY INFORMATION:
I. Applicability
The following rule is being approved into the California SIP:
SBCAPCD Rule 1301--Part 70 Operating Permit Program--General
Information.
II. Background
On September 3, 1997, in 62 FR 46451, EPA proposed to approve the
following rule in the California SIP and as a revision to the title V
program: SBCAPCD Rule 1301--Part 70 Operating Permit Program--General
Information. On behalf of the District, Rule 1301 was submitted by the
California Air Resources Board to EPA on October 10, 1997 as a revision
to the title V program, and on October 31, 1997 as a SIP-submittal. A
detailed discussion of the background for the above rule is provided in
the Proposed Rulemaking (NPRM) cited above.
EPA has evaluated the above rule for consistency with the
requirements of the CAA and EPA regulations and EPA interpretation of
these requirements as expressed in the various EPA policy guidance
documents referenced in the NPRM cited above. EPA has found that the
rule meets the applicable EPA requirements. On October 31, 1997, EPA
reviewed this rule for completeness and found that the rule conformed
to the completeness criteria in 40 CFR part 51, Appendix V.
III. Response to Comments
A 30 day public comment period was provided in 62 FR 46451. EPA
received no comments.
IV. EPA Action
EPA is finalizing action to approve the above rule as a revision to
the title V Operating Permit Program and for inclusion into the
California SIP. EPA is approving the submittal under section 110(k)(3)
as meeting requirements of section 110(a) and part D of the CAA. This
approval action will incorporate this rule into the federally approved
SIP and revise the title V program. These revisions apply to any source
under jurisdiction of the SBCAPCD that qualifies as a Part 70 source
and meets the requirements for exclusion of military tactical support
and/or infrastructure building maintenance equipment at a Department of
Defense facility. In Santa Barbara County, only Vandenberg Air Force
Base (VAFB) meets these requirements.
The revision enables VAFB to comply with Rule 370, the District's
prohibitory rule, which limits the Base's potential to emit to below
the title V applicability thresholds and requires VAFB to reduce its
annual emissions rate of ozone precursors by at least 10 tons through
the ENVVEST initiative. The rule revision also includes emission
reduction plan requirements and milestones to be approved by the
District and made federally-enforceable by the EPA by incorporating the
rule revisions into the SIP for California, if EPA finds that the
planned emission reductions are real, quantifiable, surplus, and
enforceable.
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 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.
V. Administrative Requirements
A. Docket
Copies of Santa Barbara's submittal and other information relied
upon for final actions are contained in docket number CA-002-PP
maintained at the EPA Regional Office. The docket is an organized and
complete file of all the information submitted to, or otherwise
considered by, EPA in the development of this final rulemaking. The
docket is available for public inspection at the location listed under
the ADDRESSES section of this document.
B. Regulatory Flexibility Act
The EPA's actions under section 502 of the Act do not create any
new requirements, but simply address revisions to Santa Barbara's
existing operating permits program that was submitted to satisfy the
requirements of 40 CFR part 70. Because this action does not impose any
new requirements, it does not have a significant impact on a
substantial number of small entities.
C. 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 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.
D. Executive Order 12866
The Office of Management and Budget has exempted this action from
review under Executive Order 12866.
E. 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'' as defined by 5 U.S.C.
804(2).
F. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 26, 1998. 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
[[Page 62951]]
be challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides,
Volatile organic compounds.
40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Operating permits, Reporting and recordkeeping requirements.
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.
Date Signed: November 14, 1997.
Felicia Marcus,
Regional Administrator.
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 and reserving paragraphs
(c)(247) through (c)(249) and by adding paragraph (c)(250) to read as
follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(247) [Reserved]
(248) [Reserved]
(249) [Reserved]
(250) New regulations for the following APCD were submitted on
October 31, 1997, by the Governor's designee.
(i) Incorporation by reference.
(A) Santa Barbara County Air Pollution Control District.
(1) Rule 1301 adopted on September 18, 1997.
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 revising paragraph (aa) to
the entry for California to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
California
* * * * *
(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, June 15, 1995, and September 18, 1997;
interim approval effective on December 1, 1995; interim approval
expires on October 1, 1998.
* * * * *
[FR Doc. 97-30951 Filed 11-25-97; 8:45 am]
BILLING CODE 6560-50-P
