[Federal Register Volume 64, Number 141 (Friday, July 23, 1999)]
[Rules and Regulations]
[Pages 39920-39923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18600]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 71-154a; FRL6400-1]
Clean Air Act Approval and Promulgation of California State
Implementation Plan for the San Joaquin Valley Unified Air Pollution
Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action on revisions to the
California State Implementation Plan (SIP). The revisions are rules
from the San Joaquin Valley Unified Air Pollution Control District
(District). These rules were submitted by the State on behalf of the
District to provide general permitting requirements and general
provisions for the implementation of NSR and other SIP requirements for
stationary sources in the District.
This approval action will incorporate these rules into the
federally approved SIP. EPA is approving these rules to support
District new source review (NSR) rules that are required by section
110(a) and part D of Clean Air Act as amended in 1990 (CAA or Act).
These other rules, which are required for areas that have not attained
the national ambient air quality standards (NAAQS) for one or more
pollutants, will be the subject of a subsequent rulemaking action.
Thus, EPA is finalizing the approval of these general provisions and
general permitting 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.
DATES: This rule is effective on September 21, 1999 without further
notice, unless EPA receives adverse comments by August 23, 1999. If EPA
receives such comment, it will publish a timely withdrawal in the
Federal Register informing the public that EPA's approval of these
rules will not take effect.
ADDRESSES: Comments must be submitted in writing to Ed Pike at the
Region IX mailing address listed below. Copies of the 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:
Permits Office (AIR-3), Air Division, 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 95814
San Joaquin Valley Unified Air Pollution Control District, Central
Region, 1990 E. Gettysburg Avenue, Fresno CA 93726
A courtesy copy of these rules may be available via the Internet at
http://arbis.arb.ca.gov/drdb/sju/cur.htm. However, these versions of
the District rules may be different than the versions submitted to EPA
for approval. Readers are cautioned to verify that the adoption date of
the rule listed is the same as the rule submitted to EPA for approval.
The official submittal is only available at the four agency addresses
listed above.
FOR FURTHER INFORMATION CONTACT: Ed Pike, (telephone 415/744-1211), Air
Division (Air-3), U.S. Environmental Protection Agency, Region IX, 75
Hawthorne Street, San Francisco, CA 94105-3901, or pike.ed@epa.gov.
SUPPLEMENTARY INFORMATION
I. Applicability
The rules being approved into the California SIP in this action are
District Rules 1110, 1140, 1150, 2010, 2031,
[[Page 39921]]
2040, 2070, 2080, and 2092. Rules 1110, 1140, 1150, 2010, and 2040 were
adopted by the District Board of Directors on December 17, 1992, and
submitted to EPA by the California Air Resources Board (CARB) as a
revision to the SIP on September 28, 1994. Rules 2031, 2070, 2080, and
2092 were adopted by the District on December 17, 1992, and submitted
to EPA by CARB on November 18, 1993.
The District is composed of Fresno County, a portion of Kern County
1, Kings County, Madera County, Merced County, San Joaquin
County, Stanislaus County, and Tulare County. The eight former County
air pollution management agencies merged to form the unified Valley-
wide District in 1992. The District is designated as a serious
nonattainment area for ozone and particulate matter less than ten
microns in diameter (PM10). The District is designated
attainment for the nitrogen dioxide (NO2), sulfur dioxide
(SO2), and carbon monoxide (CO) NAAQS, although nitrogen
oxides (including NO2) and sulfur oxide (including
SO2) are regulated as precursors to other nonattainment
pollutants. For the detailed area designations that apply to the
District, please refer to 40 CFR 81.305. The CAA 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.
---------------------------------------------------------------------------
\1\ This District includes the portion of Kern County defined in
District rule 1020 section 3.44 (adopted November 13, 1996 and
approved at 64 FR 13514).
---------------------------------------------------------------------------
II. Summary of Rule Contents
Prior to the formation of the current District in 1992, EPA had
approved separate SIPs for each of the eight individual
Counties.2 Today's action eliminates minor variations in the
eight separate County SIPs by approving one set of rules that apply
across all eight counties. This action will provide consistency and
clarity by allowing regulated sources of air pollution, the public, and
regulatory agencies to refer to one set of rules for the entire
District rather than eight sets of rules.
---------------------------------------------------------------------------
\2\ Each County SIP generally contains a rule corresponding to
each of the current District rules that EPA is taking action on,
although the current rules have been renumbered.
---------------------------------------------------------------------------
District Rule 1110, ``Circumvention,'' prohibits concealment or
dilution of emissions to circumvent statutory or regulatory
requirements. District Rule 1140, ``Applicability of Emission Limits,''
states that a source subject to multiple emission limits must comply
with the most stringent applicable emission or concentration rate
unless specifically exempted. Rule 1150, ``Separation and
Combination,'' specifies how compliance is determined for emission
streams that are combined prior to release to the atmosphere. These
rules are contained in the General Provisions section of the District
regulations. They contain the procedures for implementing other
requirements, but do not contain or directly impose numerical air
pollutant limitations.
District Rule 2010, ``Permits Required,'' contains the general
requirement to (1) obtain an Authority to Construct permit for a new or
modified source; and (2) obtain a Permit to Operate prior to operation.
District Rule 2031, ``Transfer of Permits,'' requires District approval
for the transfer of a permit to a different person or piece of
equipment. District Rule 2040, ``Applications,'' requires that
applicants submit all necessary information and specifies the
administrative process for the District to act on the application.
District Rule 2070, ``Standards for Granting Applications,'' explains
the procedures for the District to approve or deny an application for
an Authority to Construct or Permit to Operate. District Rule 2080,
``Conditional Approval,'' grants the District authority to issue or
revise specific written conditions on an Authority to Construct or a
Permit to Operate to assure compliance with air contaminant emission
standards or limitations. District Rule 2092, ``Standards for Permits
to Operate,'' defines the conditions which must be met in order for the
District to issue a Permit to Operate.
III. EPA Evaluation and Action
The air quality planning requirements for nonattainment NSR are set
out in part D of title I of the Clean Air Act. EPA has issued a
``General Preamble'' describing EPA's preliminary views on how EPA
intends to review SIPs and SIP revisions submitted under part D,
including those State submittals containing nonattainment NSR SIP
requirements (see 57 FR 13498 (April 16, 1992) and 57 FR 18070 (April
28, 1992)). Because EPA is describing its interpretations here only in
broad terms, the reader should refer to the General Preamble for a more
detailed discussion. EPA has also proposed regulations to implement the
changes under the 1990 Amendments in the NSR provisions in part D of
Title I of the Act. (See 61 FR 38249 (July 23, 1996)). Upon final
promulgation of those regulations, EPA will review those NSR SIP
submittals on which it has already taken final action to determine
whether additional SIP revisions are necessary.
This rulemaking replaces rules from the following SIPs: Fresno
County, Kern County, Kings County, Madera County, Merced County, San
Joaquin County, Stanislaus County, and Tulare County. EPA's approval of
the following rules replaces similar categories of rules in the
individual County SIPs: Circumvention (Rule 1110), Applicability of
Emission Limits (Rule 1140), Separation and Combination (Rule 1150),
Permits Required (Rule 2010), Transfer of Permits (Rule 2031),
Applications (2040), Standards for Granting Applications (Rule 2070),
and Standards for Permits to Operate (Rule 2092). Please see the
Technical Support Document for a complete list of the SIP rules that
EPA is replacing.
EPA has evaluated District Rules 110, 1140, 1150, 2010, 2031, 2040,
2070, 2080, and 2092 and has determined that each rule is consistent
with the CAA, EPA regulations and EPA policy. These general provisions
and permitting rules will support permitting requirements for major and
minor sources in the District (updates to District New Source Review
requirements will be the subject of subsequent EPA rulemaking action).
Therefore, these rules are being approved under section 110(k)(3) of
the CAA as consistent with the requirements of section 110(a),
including section 110(a)(2)(C), and part D of Title I of the Act. For
additional description of these Rules and EPA's approval action, please
refer to the Technical Support Document for this action.
EPA is publishing this direct final approval without prior proposal
because the Agency views this SIP revision as a noncontroversial
revision and anticipates no adverse comments. However, in the proposed
rules section of this Federal Register publication, EPA is publishing a
separate document that will serve as the proposal to approve the SIP
revision should adverse comments be filed. This direct final approval
will be effective September 21, 1999 without further notice unless the
Agency receives adverse comments by August 23, 1999.
If the EPA receives such comments, then EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. All public comments received will then be
addressed in a subsequent final rule based on the proposed rule. The
EPA will not institute a second comment period on this rule. Any
parties interested in commenting on this rule should do so at this
time. If no such comments are
[[Page 39922]]
received, the public is advised that this direct final approval will be
effective on September 21, 1999 and no further action will be taken on
the proposed rule.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order (E.O.) 12866, Regulatory
Planning and Review.
B. Executive Order 12875
Under Executive Order 12875, Enhancing the Intergovernmental
Partnership, EPA may not issue a regulation that is not required by
statute and that creates a mandate upon a State, local or tribal
government, unless the Federal government provides the funds necessary
to pay the direct compliance costs incurred by those governments, or
EPA consults with those governments. If EPA complies by consulting,
Executive Order 12875 requires EPA to provide to the Office of
Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected State, local and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule does not create a mandate on State, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of E.O. 12875
do not apply to this rule.
C. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is
determined to be ``economically significant'' as defined under E.O.
12866, and (2) concerns an environmental health or safety risk that EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety effects of the planned rule on
children, and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency. This rule is not subject to E.O. 13045 because it does
not involve decisions intended to mitigate environmental health or
safety risks.
D. Executive Order 13084
Under Executive Order 13084, Consultation and Coordination with
Indian Tribal Governments, EPA may not issue a regulation that is not
required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.'' Today's rule
does not significantly or uniquely affect the communities of Indian
tribal governments. Accordingly, the requirements of section 3(b) of
E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because SIP approvals under
section 110 and subchapter I, part D of the Clean Air 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
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
F. 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
annual 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 does not
include a Federal mandate that may result in estimated annual 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
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
G. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit 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 United States prior
to publication of the rule in the Federal Register. This rule is not a
``major'' rule as defined by 5 U.S.C. 804(2).
[[Page 39923]]
H. 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 September 21, 1999. 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 be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, General
provisions, Hydrocarbons, Incorporation by reference, Intergovernmental
relations, New source review, Nitrogen dioxide, Particulate matter,
Permits, Reporting and recordkeeping requirements, Sulfur dioxide,
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: July 7, 1999.
Felicia Marcus,
Regional Administrator, Region IX.
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 et seq.
Subpart F--California
2. Section 52.220 is amended by adding paragraphs (c)(194)(i)(C)(4)
and (c)(199)(i)(D)(6) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(194) * * *
(i) * * *
(C) * * *
(4) Rules 2031, 2070, 2080, and 2092 adopted on May 21, 1992 and
amended on December 17, 1992.
* * * * *
(199) * * *
(i) * * *
(D) * * *
(6) Rules 1110, 1140, 1150, 2010, and 2040 amended on December 17,
1992.
* * * * *
[FR Doc. 99-18600 Filed 7-22-99; 8:45 am]
BILLING CODE 6560-50-P
