[Federal Register Volume 61, Number 134 (Thursday, July 11, 1996)]
[Rules and Regulations]
[Pages 36501-36502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17643]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 157-0010; AD-FRL-5524-2]
Approval and Promulgation of Implementation Plan for Monterey Bay
Unified Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is promulgating approval of the new source review
(NSR) program submitted by the Monterey Bay Unified Air Pollution
Control District (MBUAPCD) for the purpose of meeting the nonattainment
and prevention of significant deterioration (PSD) NSR requirements of
the Clean Air Act, as amended in 1990 (CAA or the Act). The intended
effect of this rulemaking is to regulate air pollution in accordance
with the Act. Thus, EPA is finalizing the approval of these revisions
into the California state implementation plan (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: August 12, 1996.
ADDRESSES: Copies of MBUAPCD's submittals and other supporting
information used in developing this final approval are available for
inspection during normal business hours at the following location: U.S.
EPA, Region IX, Air & Toxics Division (A-5-1), 75 Hawthorne Street, San
Francisco, CA 94105.
FOR FURTHER INFORMATION CONTACT: Steve Ringer at (415) 744-1260.
SUPPLEMENTARY INFORMATION:
Background and Purpose
The air quality planning requirements for nonattainment NSR are set
out in Part D of Title I of the Act, with implementing regulations at
40 CFR 51.160 through 51.165. The air quality planning requirements for
PSD are set out in Part C of Title I of the Act, with implementing
regulations at 40 CFR 51.166. On August 10, 1995, MBUAPCD submitted its
NSR rules to EPA as a proposed revision to the SIP. On April 22, 1996,
EPA proposed to approve with contingencies, and to disapprove in the
alternative, the submitted SIP revisions. See 61 FR 17675. Full
approval as a final action was contingent upon MBUAPCD making required
changes to the submitted rules. EPA requested public comments on the
proposed approval and received none. MBUAPCD has since submitted to
EPA, revised NSR rules which contain the required changes. EPA is
therefore promulgating final approval of the revised rules. The
specific changes that MBUAPCD made to its rules are detailed below.
The MBUAPCD Governing Board held a public hearing on March 20, 1996
to entertain public comment on its revised NSR rules. The Board adopted
the rules on the same date and the rules were submitted by the State to
EPA on May 10, 1996 as a revision to the SIP. The SIP revision was
reviewed by EPA and determined to be complete on May 22, 1996.
In its April 22, 1996 proposed approval, EPA identified two
deficiencies in MBUAPCD's August 10, 1995 submittal which had to be
corrected as a condition of full approval. At that time, MBUAPCD had
proposed draft rules which corrected the deficiencies. EPA's technical
support document (TSD) for the April 22, 1996 proposed approval
contains a discussion of how MBUAPCD's proposed draft rules would
correct the deficiencies, as well as how they would meet the general
NSR requirements of the Act. MBUAPCD's May 10, 1996 submittal is
substantially similar to the draft rules upon which EPA based its
proposed approval. Below is a discussion of the portions of MBUAPCD's
May 10, 1996 submittal which correct the deficiencies identified by
EPA.
Corrected Deficiencies
Rule 207, Section 4.2.9: In its April 22, 1996 proposed approval,
EPA specified that this section must be revised to require ``that any
emission reduction required as a precondition of the issuance of a
permit shall be made
[[Page 36502]]
federally enforceable prior to permit issuance''. Accordingly, MBUAPCD
modified this section of its rules such that the May 10, 1996 submittal
contains the following language: ``All emission reductions must be
identified and enforceable prior to issuance of the Authority to
Construct.'' This language satisfies EPA's requirement.
Rule 207, Section 4.3.3.2: EPA specified that this section must be
revised to require ``that emission reductions obtained from another
nonattainment area may be used only if (A) the other area has an equal
or higher nonattainment classification than the area in which the
source is located, and (B) emissions from such other area contribute to
a violation of the national ambient air quality standard in the
nonattainment area in which the source is located.'' Accordingly,
MBUAPCD's May 10, 1996 submittal contains a new section 4.3.3.2.2 with
the following language: ``The offsets may only be obtained from an
upwind area that has been designated by EPA to have a nonattainment
status equal to or more serious than the North Central Coast air
basin.'' and a new section 4.3.3.2.3 with the following language: ``The
offsets may only be obtained from an upwind area that could contribute
to violations of the national ambient air quality standards in the
North Central air basin.'' This language satisfies EPA's requirement.
Final Action and Implications
EPA is promulgating final approval of MBUAPCD's NSR program as
submitted on May 10, 1996. This submittal consists of MBUAPCD's Rules
207 (Review of New and Modified Sources) and 215 (Banking of Emission
Reductions)
EPA did not receive any comments on the changes detailed above that
were necessary to make MBUAPCD's program fully approvable. The scope of
this approval applies to all new or modified sources (as defined in the
program) within the Monterey Bay Unified Air Pollution Control
District.
Administrative Review
Copies of MBUAPCD's submittal and other information relied upon for
this final approval are contained in docket number NSRR 2-96 MBUAPCD,
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 development of this final approval. The docket is available for
public inspection at the location listed under the ADDRESSES section of
this document.
Nothing in this action should be construed as permitting, allowing,
or establishing a precedent for any future request for a revision to
any SIP. Each request for revision to a SIP 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 and subchapter I, parts C and D of
the Act do not create any new requirements, but simply approve
requirements that the State is already imposing. Therefore, because the
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).
The Office of Management and Budget has exempted this rule from the
requirements of section 6 of 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 sector, of $100 million or more. EPA has determined that
the approval proposed 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 additional costs to state, local, or
tribal governments, or to the private sector, will result from this
action.
List of Subjects in 40 CFR Part 52
Air pollution control, Hydrocarbons, Incorporation by reference,
Intergovernmental relations, New source review, Nitrogen dioxide,
Prevention of significant deterioration, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: May 31, 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 52.220 is amended by adding paragraph (c)(231) to read
as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(231) New and amended regulations for the following APCDs were
submitted on May 10, 1996, by the Governor's designee.
(i) Incorporation by reference.
(A) Monterey Bay Unified APCD.
(1) Rules 207 and 215, adopted on March 20, 1996.
* * * * *
[FR Doc. 96-17643 Filed 7-10-96; 8:45 am]
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