[Federal Register Volume 61, Number 214 (Monday, November 4, 1996)]
[Rules and Regulations]
[Pages 56629-56631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28195]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 009-0013a; FRL-5610-9]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Glenn County and Siskiyou County
Air Pollution Control Districts
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 (SIP). The revisions concern rules
submitted by the State of California on behalf of the Air Pollution
Control Districts of Glenn and Siskiyou Counties (the Counties) for the
purpose of meeting requirements of the Clean Air Act, as amended in
1990 (CAA or the Act) with regard to general preconstruction
permitting. This approval action will incorporate these rules into the
federally approved SIP. The intended effect of approving these rules is
to control air pollution in accordance with the requirements of the
Act. The Counties' rules control emissions from new stationary sources.
Thus, EPA is finalizing the approval of these revisions into the
California SIP under provisions of the CAA regarding EPA action on SIP
submittals.
DATES: This direct final rule is effective on January 3, 1997, unless
adverse or critical comments are received by December 4, 1996. If the
effective date is delayed, a timely notice will be published in the
Federal Register.
ADDRESSES: Copies of the rule revisions and EPA's evaluation report for
each rule are available for public inspection at EPA's Region IX office
during normal business hours. Copies of the submitted rule revisions
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.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 92123-1095.
Glenn County Air Pollution Control District, PO Box 351, Willows, CA
95988.
[[Page 56630]]
Siskiyou County Air Pollution Control District, 525 S. Foothill
Drive, Yreka, CA 96097.
FOR FURTHER INFORMATION CONTACT:
Steve Ringer at (415) 744-1260, New Source Section, Air & Toxics
Division (A-5-1), EPA Region 9, 75 Hawthorne Street, San Francisco, CA
94105.
SUPPLEMENTARY INFORMATION:
Applicability
The rules that EPA is approving into the SIP include: Glenn County
Air Pollution Control District Regulations: Section 51--New Source
Review. Adopted on March 16, 1993. Siskiyou County Air Pollution
Control District Rules and Regulations: Rule 1.2--Definitions (except
section V1, Variance); Rule 1.4--Enforcement; Rule 2.1--Permits
Required; Rule 2.2--Exemptions; Rule 2.10--Further Information; Rule
4.1--Visible Emissions; Rule 4.6--Circumvention; Rule 6.1--Standards
for Permits to Construct; Appendix A--List/Criteria for Permit
Applications. Adopted on January 24, 1989.
On March 26, 1990, the Siskiyou County rules were submitted to EPA
as revision to the SIP. EPA found this submittal to be complete on June
20, 1990. On May 13, 1993, the Glenn County rules were submitted to EPA
as a revision to the SIP. EPA found this submittal to be complete on
July 19, 1993.
Background
The Counties are currently designated as in attainment of the
national ambient air quality standards (NAAQS) for carbon monoxide,
ozone, nitrogen dioxide, lead, sulfur dioxide, and particulate matter
(PM10).
EPA is taking this action to approve the rules identified above
into the SIP for the purpose of meeting the general permitting
requirements of 40 CFR 51.160 through 51.164, implementing section
110(a)(2)(C) of the Act. These provisions apply to sources whose
emissions are below the major source thresholds regulated under Parts C
and D of the Act. This action does not approve the Counties' rules for
the purposes of meeting the nonattainment or prevention of significant
deterioration (PSD) preconstruction permitting requirements of 40 CFR
51.165 and 51.166, nor does it approve the Counties' rules for the
purposes of satisfying Title V of the Act.
The Counties' existing SIP approved preconstruction permitting
rules were approved in several separate EPA actions occurring between
May 31, 1972 and June 18, 1982. The changes contained in the submitted
rules are improvements to the current SIP versions of these rules.
These changes improve the rules because they either introduce needed
language, or alter language so that the rules are in compliance with
the Act and EPA regulations.
General preconstruction permitting requirements for sources with
emissions below the major source thresholds regulated under Parts C and
D of the Act are set out in 40 CFR 51.160 through 51.164, implementing
section 110(a)(2)(C) of the Act.
EPA Evaluation and Action
To satisfy 40 CFR 51.160 through 51.164, the rules must (a) require
sources to obtain legally enforceable permits before commencing
construction or modification of a facility; and (b) contain procedures
to prevent construction or modification of a facility that will
interfere with attainment of the NAAQS. The rules must also ensure the
availability of pertinent information to the public during the
permitting process, and the opportunity for and consideration of public
comments prior to permit issuance. EPA has reviewed the submitted rules
and determined that they contain these elements. For a detailed
description of how the submitted rules meet the applicable
requirements, please refer to EPA's Technical Support Document (TSD)
for this action.
EPA is publishing this action without prior proposal because the
Agency views this as a noncontroversial action and anticipates no
adverse comments. However, should adverse or critical comments be
filed, EPA is proposing approval of the submitted rules in a separate
document in this Federal Register publication.
If EPA receives adverse or critical 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 with this action serving
as the proposed rule. EPA will not institute a second comment period.
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 on January 3, 1997.
Administrative Review
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.
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 populations of less than
50,000.
SIP approvals under section 110 of the Act do not create any new
requirements, but simply approve requirements that the State is already
imposing. Therefore, because this federal SIP-approval does not impose
any new requirements, I certify that it does not have a significant
impact on any small entities affected. Moreover, due to the nature of
the Federal-State relationship under the Act, preparation of a
regulatory flexibility analysis would constitute federal inquiry into
the economic reasonableness of State action. The Act 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).
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 has exempted this action from
review under Executive Order 12866.
Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 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 section, of $100 million or more. EPA has determined that
the approval promulgated in this notice does not include such a federal
mandate, as this proposed federal action would approve pre-existing
requirements under state or local law, and would impose no new federal
requirements. Accordingly, no
[[Page 56631]]
additional costs to state, local, or tribal governments, or to the
private section, will result from this action.
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).
List of Subjects in 40 CFR Part 52
Air pollution control, Carbon monoxide, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Particulate matter, and
Sulfur dioxide.
Note: Incorporation by reference of the State Implementation
Plan was approved by the Director of the Federal Register on July 1,
1982.
Dated: August 9, 1996.
Felicia Marcus,
Regional Administration.
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:
Subpart F--California
Authority: 42 U.S.C. 7401-7671q.
1. Section 52.220 is amended by adding paragraphs (c)(179)(i)(E)
and (c) (193)(i)(D) to read as follows:
Sec. 52.220 Identification of Plan.
* * * * *
(c) * * *
(179) * * *
(i) * * *
(E) Siskiyou County Air Pollution Control District.
(1) Rules 1.2 (except section V1), 1.4, 2.1, 2.2, 2.10, 4.1, 4.6,
6.1, and Appendix A, adopted on January 24, 1989.
* * * * *
(193) * * *
(i) * * *
(D) Glenn County Air Pollution Control District.
(1) Section 51, adopted on March 16, 1993.
* * * * *
[FR Doc. 96-28195 Filed 11-1-96; 8:45 am]
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