[Federal Register Volume 61, Number 24 (Monday, February 5, 1996)]
[Rules and Regulations]
[Pages 4217-4220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2247]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[CA 147-2-7201; AD-FRL-5330-3]
Clean Air Act Final Interim Approval of the Operating Permits
Program; Approval of State Implementation Plan Revision for the
Issuance of Federally Enforceable State Operating Permits; Mojave
Desert Air Quality Management 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 Program submitted by the California Air Resources Board on
behalf of the Mojave Desert Air Quality Management District (AQMD),
California (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. In
addition, EPA is promulgating final approval of a revision to Mojave
Desert's portion of the California State Implementation Plan (SIP)
regarding synthetic minor regulations for the issuance of federally
enforceable state operating permits (FESOP). In order to extend the
federal enforceability of state operating permits to hazardous air
pollutants (HAP), EPA is also finalizing approval of Mojave Desert's
synthetic minor regulations pursuant to section 112(l) of the Clean Air
Act (CAA or Act). Finally, today's action grants final approval to
Mojave Desert's mechanism for receiving delegation of section 112
standards as promulgated.
EFFECTIVE DATE: March 6, 1996.
ADDRESSES: Copies of the district's submittal and other supporting
information used in developing the final interim approval are available
for inspection during normal business hours at the following location:
Operating Permits Section, A-5-2, Air
[[Page 4218]]
and Toxics Division, U.S. EPA-Region IX, 75 Hawthorne Street, San
Francisco, California 94105.
FOR FURTHER INFORMATION CONTACT: Sara Bartholomew (telephone 415/744-
1170), Mail Code A-5-2, U.S. Environmental Protection Agency, Region
IX, Air & Toxics Division, 75 Hawthorne Street, San Francisco, CA
94105.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
A. Introduction
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 1 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 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 2 years. If EPA has not fully
approved a program by 2 years after the November 15, 1993 date, or by
the end of an interim program, it must establish and implement a
Federal program.
On July 3, 1995, EPA proposed interim approval of the operating
permits program for Mojave Desert AQMD, California. See 54 FR 34488.
The Federal Register document also proposed approval of the district's
interim mechanism for implementing section 112(g) and program for
delegation of section 112 standards as promulgated. Public comment was
solicited on these proposed actions. EPA received no public comment on
the proposal. In this notice, EPA is promulgating interim approval of
Mojave Desert's operating permits program and approving the section
112(g) and section 112(l) mechanisms noted above.
On June 28, 1989 (54 FR 27274), EPA published criteria for
approving and incorporating into the SIP regulatory programs for the
issuance of federally enforceable state operating permits. Permits
issued pursuant to a program meeting the June 28, 1989 criteria and
approved into the SIP are considered federally enforceable for criteria
pollutants. The synthetic minor mechanism may also be used to create
federally enforceable limits for emissions of HAP if it is approved
pursuant to section 112(l) of the Act.
In the July 3, 1995 Federal Register document, EPA also proposed
approval of Mojave Desert's synthetic minor program for creating
federally enforceable limits in District operating permits. In this
document, EPA is promulgating approval of the synthetic minor program
for Mojave Desert as a revision to the district's SIP and pursuant to
section 112(l) of the Act.
II. Final Action and Implications
A. Analysis of State Submission
Comments
On July 3, 1995, EPA proposed interim approval of Mojave Desert's
title V operating permits program as it was submitted on March 10,
1995. Since the time that EPA proposed interim approval, Mojave Desert
adopted regulations to implement title IV of the Act. On June 28, 1995,
Mojave Desert incorporated part 72 by reference into District Rule
1210. Rule 1210 was submitted to EPA on August 3, 1995, and it corrects
the third program deficiency identified in the proposed interim
approval notice by adopting regulations to implement title IV of the
Act.
EPA received no adverse public comment on Mojave Desert's title V
operating permits program, the proposed approval of Mojave Desert's
synthetic minor program, or program for receiving section 112(l)
standards as promulgated.
B. Final Action
1. Title V Operating Permits Program
The EPA is promulgating interim approval of Mojave Desert's title V
operating permits program as submitted on March 10, 1995. EPA did not
receive any comments on the changes that were outlined as necessary for
full approval. Therefore, the program deficiencies described in the
proposed rulemaking, under II.B.1.(a), Proposed Interim Approval, and
the legislative deficiency outlined under II.B.1.(b), Legislative
Source Category-Limited Interim Approval Issue, must be corrected in
order for the district to be granted full approval.
The scope of the Mojave Desert's part 70 program approved in this
notice applies to all part 70 sources (as defined in the approved
program) within the district, except any sources of air pollution over
which an Indian Tribe has jurisdiction. See, e.g., 59 FR 55813, 55815-
18 (Nov. 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).
This interim approval, which may not be renewed, extends until
March 5, 1998. During this interim approval period, Mojave Desert is
protected from sanctions, and EPA is not obligated to promulgate,
administer and enforce a Federal operating permits program in this
district. 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 processing the initial permit applications.
If Mojave Desert fails to submit a complete corrective program for
full approval by September 5, 1997, EPA will start an 18-month clock
for mandatory sanctions. 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, which 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 Mojave Desert,
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, Mojave Desert still has not
submitted a corrective program that EPA has found complete, a second
sanction will be required.
If EPA disapproves Mojave Desert'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 Mojave Desert, 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
[[Page 4219]]
sanction, Mojave Desert 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 Mojave
Desert 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 Mojave Desert upon interim approval
expiration.
2. District Preconstruction Permit Program Implementing Section 112(g)
EPA is approving the use of Mojave Desert's preconstruction review
program found in Regulation XIII (New Source Review) as a mechanism to
implement section 112(g) during the transition period between
promulgation of EPA's section 112(g) rule and adoption by Mojave Desert
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
the District's 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 Mojave
Desert's program for receiving delegation of section 112 standards that
are unchanged from the federal standards as promulgated. This program
for delegations applies to both existing and future standards but is
limited to sources covered by the part 70 program.
4. State Operating Permit Program for Synthetic Minors
EPA is promulgating full approval of Mojave Desert's synthetic
minor operating permit program, adopted by the district on December 21,
1994, and submitted to EPA by the California Air Resources Board, on
behalf of the Mojave Desert, on March 31, 1995. The synthetic minor
operating permit program is being approved into Mojave Desert's SIP
pursuant to part 52 and the five approval criteria set out in the June
28, 1989 Federal Register document (54 FR 27282). EPA is also
promulgating full approval pursuant to section 112(l)(5) of the Act so
that HAP emission limits in synthetic minor operating permits may be
deemed federally enforceable.
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.
III. Administrative Requirements
A. Docket
Copies of Mojave Desert's submittal and other information relied
upon for the final interim approval are contained in docket number CA-
MJ-95-01-OPS, 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 interim
approval. The docket is 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, 110, 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 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
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
Administrative practice and procedure, Air pollution control,
Environmental protection, Hazardous substances, Intergovernmental
relations, Operating permits, and 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.
Dated: October 31, 1995.
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 paragraph (c)(216)(i)(A)(2)
to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(216) * * *
(i) * * *
(A) * * *
[[Page 4220]]
(2) Rule 221, adopted December 21, 1994.
* * * * *
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 paragraph (q) to the
entry for California to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
(q) Mojave Desert AQMD (complete submittal received on March 10,
1995); interim approval effective on March 6, 1996; interim approval
expires March 5, 1998.
* * * * *
[FR Doc. 96-2247 Filed 2-2-96; 8:45 am]
BILLING CODE 6560-50-P
